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HomeMy WebLinkAbout07/07/2020BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 7, 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 Dr. Wayne Smith, Headmaster at Master's Academy Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Special Call Meeting of February 25, 2020 6.B. Regular Meeting of April 21, 2020 6.C. Regular Meeting of May 05, 2020 6.D. Regular Meeting of May 12, 2020 July 7, 2020 Page 1 of 7 6.E. Special Call Meeting of June 4, 2020 Attachments: 06042020SpecialCall_Granicus 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. PAA Order PSC -2020 -0212 -PAA -EQ approving FLP's standard offer contract and rate schedule QS -2; if no protest, order to become final and effective on issuance of a CO; if order becomes final, docket to be closed; protest due 7/17/20, is on file in the Office of Clerk to the Board. 7.B. Residential Paper Shredding Event on July 18, 2020 Attachments: Staff Report 7.C. Notice of Amendment No. 1 - Florida Department of Environmental Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ219 Attachments: Staff Report Amendment No 1 7.D. Update on Virgin Trains Expenses Attachments: Staff Report Virgin Trains Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 12, 2020 to June 18, 2020 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments June 19, 2020 to June 25, 2020 Attachments: Finance Department Staff Report 8.C. Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County During the TIme Frames of July 15, 2020 Through and Including August 17, 2020; and August 19, 2020 Through and Including September 14, 2020 Attachments: Staff Report Resolution (7/15/20 through 8/17/20) Resolution (8/19/20 through 9/14/20) 8.D. Dedication and Acceptance of Right -of -Way from Florida Power and Light along 98th Avenue and 16th Street for Improvements Attachments: Staff Report Special Warranty Deed July 7, 2020 Page 2 of 7 8.E. Approval of Change Order No. 2 to Work Order No. 2 and Approval of Final Payment of Work Order No. 2 with GK Environmental, Inc. for Osprey Acres Floway and Nature Preserve Landscaping Services Attachments: Staff Report CO No. 2 to Work Order No. 2 GKE, Inc. Invoice No. 319- Final 8.F. 49th Street Milling & Resurfacing, Release of Retainage and Change Order No. 1 (IRC -1414) Attachments: Staff Report Change Order No. 1 8.G. Shadowbrook Subdivision Water Assessment Project - Petition, Surveying, and Engineering Design Services Attachments: Staff Report Assessment Area Map Preliminary Petitions Temporary Service Agreements 8.H. Award of Bid 2020045 - Annual Bid for Sanitary Sewer Services Attachments: Staff Report Sample Agreement 8.I. Citrus Hideaway Subdivision Water Assessment Project, As -Built Resolution IV Attachments: Staff Report Exhibit A Final Assessment Roll As -Built Resolution (Resolution No IV) 8.J. Work Order No. 34 with Kimley-Horn and Associates for Design, Procurement and Construction Administration to Replace Aging Controls for the Reclaimed Water Pumps with Variable Frequency Drives at South Regional Wastewater Treatment Plant Attachments: Staff Report Work Order No 34 8.K. Amendment No. 1 to Work Order No. 14 with Kimley Horn for Bulk Acid Tank Replacement at North (Hobart) County Water Treatment Plant Attachments: Staff Report Amendment No 1 to Work Order No 14 July 7, 2020 Page 3 of 7 8.L. Ranking of Firms, Award and Approval of Agreement - RFP 2020034 - Sandridge Golf Club Course Maintenance Attachments: Staff Report Sample Agreement 8.M. Ranking of Firms, Award and Approval of Agreement - RFP 2020039 - Indian County Department of Utility Services - 2020 Labor Contract Attachments: Staff Report Sample Agreement 8.N. Ranking of Firms and Authorization to Negotiate - RFQ 2020031 Professional Roof Design, Evaluation and Construction Oversight for Continuing Services Agreement Attachments: Staff Report 8.0. Award of Bid# 2020041 - Exterior Painting at Administration Buildings A and B Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 19th Judicial Circuit Nicole P. Menz, County Judge: Award of the 2020/2021 Alcohol and Other Drug Abuse Treatment Fund And Designation of Indian River County's Problem Solving Courts As A Chosen Program Recipient 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for July 14, 2020 to Consider an Ordinance to Amend Section 1100.13 (Sunset Date) of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County - LEGISLATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A.. Review of 2020 Florida Legislative Session Attachments: Staff Report July 7, 2020 Page 4 of 7 11.B. CARES Act Proposed Spending Plan and Funding Agreement Attachments: Coronavirus Relief Fund Guidance for Local Governments Staff Report UWIRC CARES Act info SRA - Cares Act Funding Requests 3 CSRC COVID-19 Workforce Recovery Programs Proposal Micro Grant Comparisons 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement Attachments: Staff Report Service Area Water Only Water Wastewater Agreement COVB/IRC Aug 2016 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 14.E.1. Discussion of the Graves Ballfields property Attachments: Commissioner's Memo July 7, 2020 Page 5 of 7 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting March 03, 2020 15.B.2. Approval of Minutes Meeting April 07, 2020 15.B.3. Approval of Minutes Meeting April 21, 2020 15.B.4. Approval of Minutes Meeting May 05, 2020 15.B.5. CCNA-2018 Amendment No. 1 to Work Order No. 32 to Kimley-Horn for SWDD Household Hazardous Waste and Recycling Facility Design, Permitting and Bidding Services Attachments: Staff Report Conceptual Design of a New Transfer Facility CCNA-2018 Amendment No 1 to Work Order No 32 15.B.6. Solid Waste Disposal Rate Survey Attachments: Staff Report Solid Waste Rate Survey from Kessler Consulting Inc C. Environmental Control Board 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. July 7, 2020 Page 6 of 7 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:OO p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. July 7, 2020 Page 7 of 7 Indian River County Florida Meeting Minutes 4 Board of 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 Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Thursday, June 4, 2020 4:30 PM Commission Chambers Emergency Special Call Meeting 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 Present: 5 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Chairman Susan Adams 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5. COUNTY ATTORNEY MATTERS 5.A. School District Request for Resolution Calling for Referendum on August 18, 2020 Indian River County Florida mage 1 Board of County Commissioners Meeting Minutes 4 June 4, 2020 Primary Election Ballot County Attorney Dylan Reingold provided the background that led to a decision by the Honorable Judge Janet Carney Croom, who issued the Order Granting Complaint for Writ of Mandamus, ordering the Board of County Commissioners to meet for the purpose of approving a resolution that would allow the School Board of Indian River County to call an election for a referendum to be placed on the ballot of the August 18, 2020 Primary Election. There was no discussion by the Board. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve Resolution 2020-048, to call an election for a referendum to be placed on the ballot of the August 18, 2020 Primary Election. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 6. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 4:32 p.m. Indian River County Florida 22ge 2 !FILED 6/26/2020 DOCUMENT NO. 03350-2020 ,FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. DOCKET NO. 20200114 -EQ ORDER NO. PSC -2020 -0212 -PAA -EQ ISSUED: June 26, 2020 The following Commissioners participated in the disposition of this matter: GARY F. CLARK, Chairman ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING FLORIDA POWER AND LIGHT COMPANY'S STANDARD OFFER CONTRACT AND RATE SCHEDULE QS -2 BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). Background Section 366.91(3), Florida Statutes (F.S.), requires each investor-owned utility (IOU) to continuously offer to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Rules 25-17.200 through 25-17.310, F.A.C., implement the statute and require each IOU to file with this Commission, by April 1 of each year, a revised standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan. On April 1, 2020, Florida Power & Light Company (FPL) filed a petition for approval of its revised standard offer contract, based on its 2020 Ten -Year Site Plan. Since its initial filing, FPL has filed two revisions to its petition to correct typographical and calculation errors.' We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.055, and 366.91, F.S. ' See Document Nos. 02341-2020 and 02557-2020 in Docket No. 20200114 -EQ. 2 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 2 Review Section 366.91(3), F.S., and Rule 25-17.250, F.A.C., require that FPL, an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan, or if no avoided unit is identified, its next avoidable planned purchase. FPL's submitted 2020 Ten -Year Site Plan does not feature an avoidable fossil -fueled generating unit or planned purchases that could be deferred during the planning period, FPL could opt to offer only a standard contract for energy payments based on its as -available energy cost. However, to encourage renewable generation, FPL has identified a 1,991 megawatt (MW) natural gas-fired combined cycle unit (CC) as the next planned generating unit. The projected in- service date of the unit is June 1, 2030. We have approved using a unit outside of the Ten -Year Site Plan planning period previously.2 Under FPL's standard offer contract, the RF/QF operator commits to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require the IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2030), and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. Table 1 contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract to an operator with a 50 MW facility operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin 2 See Order No. PSC -2018 -0316 -PAA -EQ, issued June 20, 2018, in Docket No. 20180083 -EQ, In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. 2--2 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 3 with the projected in-service date of the avoided unit (June 1, 2030), while early and early levelized capacity payments begin in 2026 for this example. Table 1 - Estimated Annual Payments to a 50 MW Renewable Facility 94% Capacity Factor) Year Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized $(000) $(000) $(000) $(000) $(000) 2021 6,908 - - - - 2022 6,933 - - - - 2023 8,038 - - - - 2024 8,709 - - - - 2025 9,648 - - - - 2026 10,212 - . - 1,975 2,217 2027 10,639 - - 2,014 2,217 2028 11,517 - - 2,054 2,217 2029 11,540 - - 2,095 2,217 2030 11,625 3,263 3,574 2,137 2,217 2031 11,910 3,332 3,574 2,180 2,217 2032 12,556 3,402 3,574 2,223 2,217 2033 12,862 3,473 3,574 2,268 2,217 2034 13,404 3,546 3,574 2,313 2,217 2035 13,035 3,620 3,574 2,359 2,217 2036 13,102 3,696 3,574 2,407 2,217 2037 12,370 3,774 3,574 2,455 2,217 2038 12,076 3,853 3,574 2,504 2,217 2039 13,828 3,934 3,574 2,554 2,217 2040 13,613 4,016 3,574 2,605 2,217 Total 224,525 39,908 39,316 34,143 33,253 Total (NPV) 105,773 13,601 13,601 13,601 13,601 Source: FPL's Amended Response to Our Staff's First Data Request3 FPL's standard offer contract, in type -and -strike format, is included as Attachment A to this Order. The changes made to FPL's tariff sheets are consistent with the updated avoided unit. Revisions include updates to calendar dates and payment information which reflect the current economic and financial assumptions for the avoided unit. 3Document No. 02342-2020, filed May 1, 2020, in Docket No. 20200114 -EQ. 2 - ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 4 Decision We hereby approve FPL's revised standard offer contract and associated rate schedule QS -2 as filed. The provisions of FPL's revised standard offer contract conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. The revised standard offer contract provides flexibility in the arrangements for, payments so that a developer of renewable generation may select the payment stream best suited :t0 its financial needs. Based on the foregoing, it is. ORDERED by the Florida Public Service Commission that Florida Power and Light Company's revised standard offer contract and associated rate schedule QS -2 are approved. It is further ORDERED that the provisions of this Order, issued as proposed agency action, shall. become final and effective upon the issuance of a Consummating Order unless an .appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. Potential signatories should be aware that, if a timely protest is filed, Florida Power and Light Company's standard offer contract ma. y subsequently be revised. It is further ORDERED that in the event this Order becomes final, this docket shall be closed. By ORDER of the Florida Public Service Commission this 26th day of June; 2020. Ar f ADAM J 'EIT AN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413=6770 wvvw.floridapsc,com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. AJW ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 5 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required .by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on July 17, 2020. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s).before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 6 FLORIDA POWER & I ICIJT COMPANY' Attachment A T.: I fthThlrteenth Revised Sheet No. 9.030 ConeOlsFie iwthTw elflli.Revised Sheet No. 9.030 STANDARD OFFER CONTRACT FOR THE PURCHASE OF CAPACITY AND ENERGY FROM.A RENEWABLE. ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN' CAPACITY OF 100 KW OR LESS (250262030 AVOIDED UNIT) THIS STANDARD OFFER CONTRACT (the "Contract")' is made and entered this day of by and between (herein after `Qualified Seller" or "QS") a corporation/limited liability company organized and existing under the laws of the State of and owner of a Renewable Energy Facility as defined in section 25-17.210 (1) F.A.C. or a Qualifying Facility with a design capacity .of 100 KW or less as defined in section 25-17.250, and Florida Power & Light Company (hereinafter "FPL") a corporation organized and existing tinder the laws of the State of Florida. The QS and FPL shall be jointly identified herein as the "Parties"_ This Contract contains five Appendices; Appendix A, QS -2 Standard Rate for Purchase of Capacity and Energy; Appendix 13, Pay for Performance Provisions; Appendix C, Termination Fee; Appendix D, Detailed Project Information and Appendix E, contract options to be selected by QS. WTFNESSETH: WHEREAS, the QS desires to sell and deliver, and FPL desires to purchase and receive, firm capacity and energy to be generated by the QS consistent with the terms of this Contract, Section 366.91, Florida Statutes; and/or Florida Public Service Commission ("FPSC") Rules 25-17.082 through 25-17.091, F.A.C. and FPSC Rules 25-17.200 through 25.17.310.F.A.C. WHEREAS, the QS has signed an interconnection agreement with FPL (the `Interconnection Agreement"), or it has entered into valid and enforceable interconnection/transmission service agreement(s) with the utility (or those utilities) whose transmission facilities arc necessary for delivering the firm capacity and energy to FPL (the "Wheeling Agrccmcnt(s)"); WHEREAS, the FPSC has approved the form of this Standard Offer Contract for the Purchase of Finn Capacity and Energy from. a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW or less; and \VHLRIiAS, the Facility is capable of delivering firm capacity and energy to FPL for the term of this Contract in a manner consistent with the provisions of this Contract; and WHEREAS, Section 366.91(3), Florida Statutes, provides that the "prudent and reasonable costs associated with a QS energy contract shall be recovered from the ratepayers of the contracting utility, without differentiating among customer classes, through the appropriate cost -recovery clause mechanism" administered by the FPSC. NQW, THEREFORE, for mutual consideration the Parties agree as follows: (Contimicd ori S11e(.t No. 9.031) Issued by: Tiffany Cohen, itlrector, Rates and Tariffs Effective: J.:_ 19 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 7 F .ORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.031 Cancels First Sheet No. 9.031 (Continued from Sheet No. 9.030) 1 QS Facility The QS contemplates, installing operating and maintaining a KVA generating facility' located at (hereinafter called the'"Facility"). The Facility is designed to produce a maximum of kilowatts ("KW") of electric power at an 85% lagging to 85% leading power factor. The Facility'slocation and generation capabilities are as described in the table below. TECHNOLOGY AND GENERATOR CAPABILiTIFS Location: Specific legal description (e.g„ metes and bounds or other legal description With street address required) Cid' County: Generator Type (Induction or Synchronous) Type of Facility (Hydrogen produced from sources other than fossil fuels, biomass as defined in Section 25-17.210 (2) F.A.C. , solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power; waste.heatfrom sulfuric add manufacturing operations: or <1001c -IV cogenerator) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capability (KW) Minimum Load Peaking Capability Net Output (KW) Power Factor (%) Operating Voltage (kV) Peak Internal Load KW The following sections (a) through (e) are applicable to Renewable Energy Facilities ("REFs") and section (e) is only applicable to Qualifying Facilities with a design capacity of 100 KW or less: (a) (b) If the QS is a REF, the QS represents and warrants that (i) the sole source(s) of fuel or power used by the Facility to produce energy for sale to FPL during the term of this Contract shall be: such sources as arc defined in and provided for pursuant to Sections 30.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-;17.210(1) and (2), 1' A:C.; (ii) Fossil fuels shall be Limited to the minimum quantities necessary for start-up, shut -down and for operating stability at minimum load; and (iii) the REF is capable Degenerating the amount of capacity pursuant to Section.5 atlas Agreement without the use of fossil fuels. The Parties agree And acknowledge that' if the QS is a REF, the QS will not charge for, and FPL shall have no obligation to pay for. any electrical energy produced by the Facility from a source of fuel or power except as specifically provided for in paragraph i(a) above. (Continued on Sheet No. 9.032) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 8 FLORIDA PO FR &;LIGHT: COMPANY Attachment A .. eariec ntltFiftecnth Rcvlsed Sheet NO. 9.032 • (limas T4r4eee14,Fourtcctith Revised Sheet No. 9.032 (Continued from Sheetldo. 9.030 (c) 'If the QS is a REF, the, QS shall, on an annual basis and withinthirty (30) days rifler the anniversary date of this Contract and on an annual basis thereafter for' the terns of this ConiraeL deliVer to FPL a report certified by an officer of the QS: (i) stating the type and amount of each source of fuel or power used by the QS to produce energy riming the twelve month period prior to the anniversary date (the "Contract Yeaf'); and (ii) verifying that one hundred percent (10090) of all energy sold bythe QS to FPL during the Contract Year complies With Sections 1(a) and (b) of this Contract (d) (e) If the QS is a ;RLF, the QS represents and warrants that the Facility tweets the renewable eiteigyieiliur euteuts of Section 366.91(2)(a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2)-, FAC, and that the QS shall continue to meet such requirements throughout the tern of this Contract. FPL shall have the right at all liars to inspect the Facility and to examine any books, records, or other documents of the QS that EPL deems necessary to verify that the Facility meets such requirements. The Facility (i) has been certified or has self -certified as i qualifying facility" pus an the Regulations of the Federal Energy Regulatory Connnission ("FERC ?, or (ii) has been certified by the I PSL as a' qualifying facility" pusanant to Rule 2547.080(1). A QS thatis a qualifying facility with a design capacity of leas:than 100 KW shall maintain the "qualifying status" of the Facility throughout the tent of this Contract. FPL shall have the right at all times to inspect the Facility and to examine any books and records or other documents of tlx: Facility Mat FPi. da.ins ncccssary to verify the Facility's qualifying status. On or before 'March 31 of each year during the temi.of this Contract, the QS shall provide to FPL a certificate signed by an officer of the QS certifying that the Facility has continuously maintained qualifying statnq. 2. Terni of Contract Except as otherwise provided herein, this Contract shall become effective immediately apron its eXectition by the, Parties (the -Effective Date") and shall have the tenturuatiort date staled inAppeddiX E. -unless terminated earlier in accordance with the provisions hereof. Nnt ithstanding the foregning. if the Civility Delivery Date (as defined in Section :5.S) arise Facility is nnf aecnmplished hy* the in- crevice date of the" avoided fruit, or such later date as may be 'permitted by FPL pursuant to Section 5 of this Contract; FPL will be pemnitted to temtinate this Contract consistent.with the terms herein without further obligations, ditties orliability to'the QS. 3. 1litninnrni Specification Following are the minimum specifications pcdaining t0 this Contract 1. 'fhc.avoidcd unit ("Avoidedlinit') options on which this Contract is lased are dclailedin Appendix A. 2 This offer shall expire on April 1, 2020.2021. .3. The date by which firm capacity and energy deliveries from the QS to FPI, shall commence is the inscivice data of the Avoided Unit (or such later date as may be remitted by FPL pursuant to Section 5 of this contract) unless the QS chooses a capacity payment Option that provides for early capacitypayincnts punnant to the terms of this. Contract. 4, The period of time over which firm capacity and energy shall be delivered from the QS to FPL is as specified in Appendix E; provideit, such period shall he no less than a nuniniiun of ten (10) years after the in=se-Mee date of the Avoided Unit. 5. The fotlonhng are the mbiinam performance standards, for the delivery of finneapacity end energy by the QS to qualify for 'full capacity payments under this Contracr On Peak • All Hours Availability 94.0% 94.0% ' QS Performance and On Peak hours shall he as measured and`or etcscrib d in FPL's Rate Sch'edu le QS -2 attached hereto as Appendix A (Continued on Sheet No. 9.032.1) Issued by: 7`itfanyCohen, Director, Kates and Tariffs Effective June -14,281-9 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 9 FI.ORWWA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.032.1 Camels Original SheetNo.9.032.1 (Continued from Sheet No. 9.032) 3.2 QS, at no cost to FPI:, shall be responsible to: 3.2. t Design, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory; and govenurtenial approvals, any requirements of warranty agreements or similar agreements, prudent industry practice, insurance policies, and the interconnection Agreement or Wheeling Agreement. 3.2.2 Perform all snuties, pay all fees, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Wheeling Agreenaint(s)) in order to schedule and deliver the firm capacity and energy to FPL. 3.2.3 Obtain and rnaintainall.pernits, certifications, licenses, consents or approvals of any governmental or regulatory authority necessary for the construction, operation, and maintenance of the Facility (the "Permits"). QS shall keep FPL reasonably informed as to the status of its permitting efforts and slant promptyinfonn FPL of any Permits it is unable to obtain, that are delayed, limited, suspended; terminated, or otherwise constrained in a way that could limit, reduce, interfere with, or preclude QS's ability to perform its obligations ander this Contract (including a staterrnt of wl>rthcr and to what extent this circumstance may limit or preclude QS's ability to perform under this Contract.) 3.2.4 Demonstrate to FPL's reasonable satisfaction that QS has established Site Control, an agreement for the ownership or lease of the Facility's site, for the Tenn of the Contract. 3.2.5 Complete -all environmental impact studies and comply with applicable enviremnental laws necessary for the construction, operation, and maintenance of the Facility. 3.2.6 At FPL's request, provide to FPL electrical specifications and design drawings -pertaining -to the Facility feu FPL's review prior to finaliring design of the Facility and before'beginning construction work based of such specifications and drawings, provided FPL's review of such -specifications and design shall not be construed as endorsing the specification, and design thereof, or as any express or implicit warranties including performance, safety, durability or reliability of the facility. QS shall .provide to FPL reasonable advance notice of any changes in the Facility and provide to FPL specifications and design drawings of any such changes. 3.2.7 Within fifteen (15) days rifler the close of each month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthtyprogress report (in a form reasonably satisfactory to FPL) and agree to regularly scheduled meetings between representativcs of QS and FP! o review §tach monthly reports and discuss QS's eonstruetion progress. The Monthly Progress Report shall indicate whether QS is on target to meet the Capacity Delivery Date. if,•for any reason, FPL has reason to believe that QS tray fail to achieve the Capacity Delivery pate, then, upon FPL`s request, QS shall submit to FPL, within ten (10) business days of such request, a remedial action plan ("Remedial Action Plan) that sets forth a detailed description of QS's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve QS of its obligation to meat the Capacity pd ivery Date. 3.3 FPL shall have the right, but not the obligation, to: 3.3.1 Inspect (huing business hours upon reasonable notice, or obtain copies of all Permits -held by QS. 3.3.2 Consistent with Section 3.2.6. notify QS in writing of the results ofthe review within thirty (30) days of FPL's receipt of all specifications for the Facility, including a description of any flaws perceived by FPL in the design. 3.3.3 inspect the Faeitity's constriction site or on-site QS data and information pertaining to the Facility during business hours upon reasonable notice. (Continued on Sheet No. 9.033) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 10 Attachment A Ninth Revised Sheet No. 9.033 FLORIDA POWER Re LIGF1T.COMPANY Cancels Eighth Sheet No. 9.033. (CAn6nued,fromsheet.No. 9.032.1) 4. Sate of Energy and:Capactty by the QS 4.1 Consistent with the tetras hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from the QS at the Delivery Point (defined below) all of the energy and firm capacity generated by the facility. FPL shallhaVe the able and exclusive right to purchase all energy and capacity produced by the Facility. The purctrase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) act billing arrangement or ( ) simultaneous purchase and :sale .arrangement; provided, however, that no such arrangement shall cause the QS to'sell more' energy and firm capacity than the Facility s.ir t o'utpnt The billing methodology may be changed at the option ofthe QS, subject to the provisions of FPI. Rate Schedule QS -2. For purposes of this Contract, Delivery Point shah be defined as either: (a) the point of interconnection between FPL's _system and the transmission system of the final utility transmitting energy and firm capacity from the Facility to the EP 1 system, as specifically described in the applicable Wheeling Agreement, or (b) the point of interconnection between the Facility and FPL's transmission system, as specifically described in the interconnection Agreement. 12 The QS shall not rely on interruptible, standby service for the start up requirements (initial or otherwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of the Facility. 4.4 The QS shall he responsible for all inteiconiicetioti, electric losses trap rrricsion and aticillary service anangerrmerns and costa required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point. 5. Commlttcd Capacity/Capacity Delivery Date 5.1 `Che QS e9tranits to sell and deliver firm capacity to FPI., at the Delivery Poidt; the arrrount of which shall be determined in accordance withvthis Section 5 (the "Committed Capacity). Subject to Section 5.3 the Contnutted Capacity shall be KW, delivery date no later ihan the in-service date of the Avoided Unit or as otherwise specified in. Appendix E (the "Guaranteed Capacity Delivery Date'). 5.2 'Testing of the capacity of the Facility (each such lest, a -.committed Capacity Teat") shell be performed in accordance with the procedures, set forth in Section 6. The Demonstration Period (defined herein) for the first Coninutted Capacity Test shall commence no earlier thatr six (6) mouths prior to (tie Capacity Delivery Date and testing must be cotnpleted by .11:59 p.rn. on the date prior to the Guaranteed Delivery Date. 'I'hc first Committed (Capacity Test shalt be deemed successflilly completed when. the QS demonstrates to FPI; s satisfaction that the Facility can ineLe rivailable capacity of at least one hundred percent (100%o) of the Conmutted Capacity setforth in Section 5.1. :Subject to Section 6.1, the QS may schedule and perform up to three (3) Committed Capacity Tests to satisfy the capacity requirements of the Contract. 5.3 FPI, shalt have the right to require the QS, by notice no less than ten (10) business days prior to such proposed test, to validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Stouter period and once per each Winter period at APL's sole discretion,(b) at any time the QS is unable to comply with. any material obligation under this Contract fora period of thirty (30) days or more in the aggregate ab a corueguence of an event of Force Majeure, and (c) at any time the QS fails in three consecutive months to achieve. k111 Annual Capacity Billing Factor, as defined in Appendix IP (the "ACDFF"), equal to or greater than 7046. The results of any such test. slwll be provided to FPL within seven (7) days Of die conclusion of sash test. On and alter the dale of such requested Coninatted Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Committed Capacity shall be deemed as the lower of the tatted capacity or the Committed Capacity as set forth in Sectipn 5.1. 5.41 otwithstani ing anything to the contrary herein, the Cortunitted Capacity shall not exceed the amount set forth in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The `Capacity Delivery Date" shall be defined as the first calendar day immediately atter the date following the last to occur of (a) the Facility's successful completion of the first Committed Capacity `fest but no earlier than the cormnenceinenl date for deliveries of firm capacity and energy (as such is spxificd in Appendix F,) and (b) the satisfaction by QS of the following l)clivcry Date Conditions (defined below). (Continued on Sheet No, 9.033.1) Issued by: Tiffany Cotten, Director, Rates and Tariffs Effective; June 5, 2018 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 11 FLORIDA POWER & LIGHT COMPANY Attachment A Original. Sheet No. 9.0331 (Continue from Sheet No. 9.033) 5.5.1 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating: (a) the nameplate capacity rating of the Facility at the anticipated time of commercial operation, which must be at least 94% of the Expected Nameplate Capacity Rating; (b) that the Facility is able to generate electric energy reliably in amounts e' piccted by this Agreement and in accordance with all other terms and conditions hereof; (c) that Stan -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8:4, all system protection and control and Automatic Generation Control devices are installed and operational. 5.5.2 A certificate addressed to FPLfrom a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating, in conformance with the requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed; (b) all required interconnection tests have been completed; and (c) the Facility is physically interconnected with the Systemin conformance with the Interconnection Agreement and able to deliver energy consistent with the terms of this Agreement. 5.5.3 A certificate addressed from a Licensed Professional Engineer (reasonably acceptable to' FPL in all respects) stating that QS has obtained or entered into all permits and agreements with respect to the Facility necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements"). QS must provide copies of any or all Required Agreements requested by FPL. 5.5.4 An opinion from a law firm or attorney, registered or licensed in the State of Florida (reasonably acceptable to FPI, in all respects), stating, after all appropriate and reasonable inquiry, that: (a) QS has obtained or entered into all Required Agreements; (b) neither QS nor the Facility is in violation of or subject to any liability under any applicable law; and (e) QS has duly filed and had recorded all of the agreements, documents, instruments, mortgages, deeds of trust, and other writings described in Section 9.7. 5.5.5 FPL has received the Completion/Performance Security ((a) through (e), the "Commercial Operation Conditions"). FPL shall have ten (10) Business Days after receipt either to confirm to QS that all of the Delivery Date Conditions have been satisfied or have occurred, or to state with specificity what FPI, reasonably believes has not been satisfied. 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the in-semice date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date docs not occur on or before the Guaranteed Capacity Delivery pate, 'FPL shall be entitled to the Completion/Performance Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS up to an additional five (5) months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaramccd Delivery, bate orb) such later date as permitted by FPL; FPL shall have no obligation to make any capacity payments under this Contract and FPL will be permitted to terminate this Contract, consistent with the terms:herein, without further obligations, duties or liability to the -QS. (Continue on Sheet No. 9.034) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 12 I L()RTDA p.cryER Sc GI 'r'CQ? A»NY Attachment A Third.Rcvised Sheet No, 9.034 Cancels Second Sheet No. 9.034 (Continued from Sheet No. 9:033.1) .6. Testing Procedures 6.1 The Crortiitntt_d Capacity'fest tiiUst be eoriipleted.suceessfully-vtiigtin a siacty hour period (the "Deirioiistratioit Period"), tyhich period, inclitcling'the pproximatc start time of the Committed Capacity Test, Shall be selected and scheduled by the QS by mean; of a Written notice to FPL delivered at leasttlnriy (30) .days prior to the start of -such period. Theprovisions of the foregoing sentence shall not apply to any Committed Capacity Test required by FPL under any of the provisions of this Contract. FPL shall have die right, to be' present onsite to inonilor any Committed Caimeity Tut requited or let milted under this Cmtael. 6.2 Committed Capacity Test .results shall be based on"a test period of twenty four (21) consecutive hours (the "Committed Capacity'fcst'Pencx17) at the highest an.taincd net .KW rating ofwhich Me Facility can operate without cx"eecdrng the design operating conditions, teniperatnre, pressures, rind other parameters rt fined by the applicable manufacturer(s) for steady state operations at the Facility, lithe QS is a REE the Cortniittcd Gtpacity Test shall be conducted utilizing as the sole fuel source fuels or energy sources included in: the definition in Section 106.91, Florida Statutes. The Committed Capacity Test period shall iconupence et the time designated. by the QS pursuant to Section 6.1 or at such other time requested by FPL pursuant to Section 5.3; provided, however, that the Coninutted Capacity Test Period may commence earlier Than such time in the event that FPL is notified oL and consents to, such earliertirne. 6.3 ForOle avoidance of doubt, normal station service.use of unit auxiliaries, including. without limitation, cooling towers, heat exchangers, and other egtupnrent requited by law, shall be in service &rim the Corrrnitled Capacity Test Period. Farther, the QS shall affect deliveries of any cptantity and quality of contracted oogencrotcd steam to the steam host during the Committed Capacity Test Poriod. 6.4 The capacity_of the Facility shall be the average,net capacity'(generator output minus auxiliary) measured over the Committed Capacity Test period. 6.5 The Con milted Capacity ''est shall be perfoniled according to prudent industry testing procedures setisfactory to 1 PL for the appropriate technology of the QS. 6.6 Except as otherwise provided herein,.results of any Committed Capacity Test shall be submitted to FPL by the QS within seven (7) days of the conclusion of the Cormnitted CapacityTest 7. Payment for Electricity Produced by the Facility 7.1 Enemy FPL agrees to pay the QS for energy produced by the Facility and delivered to the,Delivery Point in accordarue with the rates and procedures contained'in FPL's approved Rate'Schedule QS -2, attached hereto as Appendix A, as it may be amended from time to time and pursuant to the 'election of energy payment options as specified in Appendix E. The Parties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule QS -2 as approved and on file with the FPSC. 7.2 Firm Capacity FPL agrees 1p pay the QS for the lino capacity described in Section 5 in tecordance with the rotes and piocedtires contained in Rate Schedule QS -2, attached hereto as Appendix A, at it may be amended and approved from time to time by the FPSC, and pursuant to the election of a capacity, payment option as specified in Appendix E. The QS understands and agrees that capacity payments will be made under the curly capacity payment options only if the QS las aelueved the Capacity. Delivery Date and is delivetirui firm capacity and energy to FPL. Once elected by the QS. the capacity payment option cannot be changed during the temp of this Contract. 7.3 Payments Payments. due the QS will be made monthly and normally by the twentieth business day following the end of the billing period. A statement of the kilowatt -hovers sold by the QS and the applicable avoided energyrate at which payments are being, made shall accompany the payment to the QS. (Continued on SheetNo.9.035) Issued by: Tiffany Cohen, Director, Rates andTariffs Effective: ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 13 FLORIDA POWER & LiGIITCOMPANY Attachment A Sos entiThird Revised Sheet No. 9:034 Cancels SecondFirst Sheet No.9.034 (Continued from Sheet No. 9.033 1) Testing Procedures '6.1 The Coitttnitte4 Capacity Test Must be completed successfullywithin a sixty -hour period (the"Dentotstration Period'), which period, including the approximate start tithe ofthe Committed Capacity7'ast, shall he selected and scheduled by the QS by roans ofa written notice to FPL delivered at least tlurty,(30) days prior to the start of such period. The provisions of the foregoing sentence shall not apply to arty Conitrtitted Capacity Test required by PPL wider any of the prtwisions of this Contract..FPL shill have the right to he present onsite to monitor any Conuuittcd Capacity Tvst rcrpriaxi m permitted router this Contract. 6.2 Committed Copacity Test results shall he based on a test period of twenty-four (24) consecutive hours (the "Committed Capacity Test Period") at the highest sustained net. KW rating at which the Facility can (Menne without exceeding etre design operatingconditiais, temperature, pressures, and other parameters defined by the applicable manufacturer(s) for steady state operations at the Facility. Willa QS is a REF the Committed Capacity Test shall be conducted utilizing as the sole fuel source fuels or cncrgy sources included in the definition in Section 366.91, Florida Statutes. The Committed Capacity Test Period shall cm -tau -nee at the lime designated by the QS pursuant to Section 6.1 or at such other time requested by FPL pursuant to Section 5.3; provided, however, that the Committed Capacity Test Period may commence earlier than such time in the event that FPL is notified ol; and consents to; such earlier time. 6.3 For the avoidance of doubt, normal station service use of unit auxiliaries, including, without limitation, cooling towers. heat exchangers, and other equipment required try law, shall be in service durirng the Committed Capacity Test Period. Further, the QS shall affect deliveries of any cpuantityand quality of contracted cogeneratcd steam to the steam host during the Committed Capacity Test Period. 6.4 The capacity of the Facility shall be the average net capacity (generator output minus atuiliary) measured over the Committed Capacity Test Period. 6.5 The Comnitted Capacity Test.shall be performed according to prudent industry testing procedures satisfactory to'FPL for the appropriate technology of the QS. 6.6 Except as otherwise provided herein, results of any Committed Capacity Test shall be submitted to FPL by the QS within seven (7) days of the concltniar of the Committed CapacityTesl. 7. Payment for Electricity Produced by the Facility 7.1 Energy FPL agrees to pay the QS for energy produced by the Facility and delivered to the Delivery Point in accordance with the rates and procedures contained in FPL's approved Rate Schedule QS -Z, attached hereto as Appendix A, as it may be amended from Gem to time and purstamt to the -election of energy payment options as specified in Appendix E. The Parties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule.QS-2 as approved and on file with the FPSC. 7.2 Firm Capucity FPL agrees to pay the QS for the finn capacity described in Section 5 in accordance with the rates and procedures contained in Rate Schedule QS -2, attached hereto as Appendix A, as it may he amended and approved from time to time by the FPSC, and pursuant to the election of a capacity payment option as specified in Appendix C. The QS understands and agrees that capacity payments will be made tinder the early capacity payment options only if the QS has adder/ell the Capacity Delivery Data and is delivering fine space ity and energy to PPL. Once elected by the QS, the capacity payment option cannot be changed during the tent of thisContract. 7.3 Payments Payments: due the QS µill be made monthly and normally by the twentieth business day following the end of the billing period. A statement of the hdlowatt-hours sold by. the QS and the applicable avoided energy rate at which payments are beingnnde shall accompany' the payment to the QS. •(Cemin ued on Sheet No.9.035) Issued by: f1.=L RomIg3`ltram. Cohen. Director! Rates and Tariffs Effective: Atptptt ber13,2016 2 �c3 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 14 F RrnAPO\V ER &:I GFIT COMPANY Attachment A Steand Revised Sliect NY . 9.035 , Cancels First Sheet. NO. 9.035. (Continued from Sheet No. ).034) 8. Electricity Production and Plant Maintenance Schedule 8.1 Daring the toninof this Contract, no later than Sixty (60) daYs:priot to the Capacity,DeliveryD4(eand print to April.1 of each calendar year thereafter, the QS shall submit to FPI. in writing a detailed plan of (a) the amount of firm capacity and energy to be generated by the facility and delivered to the Delivery Point for each month of the following:calendar year, and (b) the time, duration and magnitude of anysehcdtded maintenance: peripd(s) and any anticipated reductions, in capacity. 8.2 13y.Qctober 3l- of each calendar year, FPL shall notify the QS in writing whether the requested scheduled maintenance periods in the detailed 1>lan arcaceeptable. If FPL objects to any ofthc requested scheduled maintenance periods, FPi, shall advise the QS of the time • period closest to the requested period(s) when the outage(s) can be scheduled. The QS shall schedule maintenance outages only during periods approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has been established and approved by FPL, either Party may request a subsequent change in such scladule and, except when such event is due to Force Majeure, request approval for such change from the other Puny, such approval not to be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to seven (7) days per culcndar. year unless the inanufaeturcT's rccommmandation of rriainlcnarnc outage e days. kr the • technology and equipment used by the Facility exceeds such 7 day period, provided, such number of days is considered reasonable by prudent industry standards and docs not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar -year.: Tb scluedu led maintenance cndagc days applicahlc for the QS arc_ ,_,_ days in the Spring and days in the Fall ofcach calendar year;:ptotidcd the conditions specified in the previous sentence are satisfied. in no event shall maintenance periods be scheduled dunni the following periods: June i through and including October 31st and December 1 through and including February 28 (or 29`' as the case may be). 8.3 The QS shall Comply with reasonable requests by FPL regarding day -to -day -and hour -by -hour eomnnutication between tllc Parties relative to electricity production and maintenance scheduling. R.4 Dispatch and Control 8.4.1 The power supplied by the QS heietnider shall be m the fomi of three-phase 60 Hertz alternating current, at a nommnal operating voltage of 000 volts ( kV) and power factor dispatchahtc and controllable in the range of 85% lagging to 85% leadngas measured at the Delivery Point to maintain system operating parameters, as specified by FPL. 8.4.2 At all times during the terns of this Contract, the QS shall operate and maintain the Facility: (a) in such a manner as to ensure compliance with its obligations hereunder, in accordance with prudent engineering and operating practices' and applicable lair, and (b) with all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, FPL's system. The QS shall install at the Facility those system protection and control devices necessary to ensure safe and protected operation of all energized equipment during noinrul testing crud' repair. The QS shill have qualified personnel test and calibrate all prolective equipinertt at regular,intetvals in accordance with good engineering and operating practices. A unit functional trip test shall be performed after each overhaul of the Facility's turbine, generator or boilers and the results stall be provided to FPL prior to returning the Futility to service. The specifics of the unit functional trip test will be cornislent. with pocxl cnfinccring and operating pntclices. 8.4.31f the Facility is separated from the FPL system for any reason, under no circumstances shall the QS reconnect the Facility into FPL's system without first obtaining FPL's prior written approval. 8.4.4 Daring the term of this Contract, the QS shall employ qualified personnel for managing, operating and maintaining Ute Facilityand for coordinating such with FPL. If the Facility, has a Conanitted Capacity greater than 10 MW ,liten, the QS shall erasure that operating personnel are on duty at all times, twenty-four (24) hours a calendar day and seven (7) calendar days a week. If the Facility has a Contained Calxicity equal to or less than 10 MW then the QS shall ensure that operating personnel are on May ut horst eight (8) hours per day from 8 AM EST to 5 PM EST from Monday to Friday, with an operator on call at all other hours. 8.4.5 FPL shall at all tints be excused from its obligation to purchase and receive energy and capacity hereunder, and FPL shall have .the ability to require the QS to curtail or rcducc deliveries of energy,' to the extent necessary (a) to maintain the reliability and integrity of anypart of EPL's systery (b) int the event that FPL detemunas that a failure to do so Is likely to endanger li fe or property, of (c) is likely to result in significant disruption of electric service to FPL's customers. FPi. shall give the QS prior notice, if practicable, of its intent to refuse, curtail or reduce FPL's acceptance of energy and fine capacity pursuant to this Section and Will act to minimize the frequency and duration of such occurrences. (Continued on Sheet No. 9.036) Issued by: S, E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 2 � c4 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 15 FLORIDA 'POWER & UGi1T COMPANY Attachment A Third Revised Sheet No. 9.036 Cancels Second Sheet No. 9.036 (Continuer! from Short No. 9.035) 8.44 ARM pietiding notice to the QS, FPi. shall not be required to purchase or retake mnar& from the QS during anyperiod in which, due to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those which it would incur if it did not make such purchases. An example. of such an occurrence would be a period during-nhich the load being served is such that the generating units on line are base load units opeiattng at their minimum continuous ratings and the Purchase of additional energy would regtiire taking a base load unit off t the line and replacing the remaining load served by that unfit with pealdng-type generation. FPL shall .give thc QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursttant to this Section. 8A:7 If thc Facility has, a'Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Communed Capacity greater than or equal to 75 MW, then control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS, except during a "Dispatch Hour', i.5., any clock hour for'which FPI. requests the delivery of such capacity and energy. During any Dispatch Hour. (a) control of the Facility will either be by Seller's manual control raider the direction of FPL.(whclher Orally or in writing) or by Automatic Generation Contrd by FPL's system control center as determined by FPL, and (h) .FPI. may request that the real power output be at any level tat to the Committed Capacity of the Facility, provided, in no event shall FPL require the real power output Facility to be below the Facility's Minimum Lead without decomnitting the Facility. The Facility shall deliver the capacity and energy requested by FPi. witltin :minutes, taking into account the operating limitations of the generating equipment as specified by the manufacture'', provided such trine period specified herein is considered reasonable by Prudent industry standards for .the reel/1101,4y and equipment being tdilized and assuming the Facility is operating at or above its Minimum Load. Start-up time front Cold Shutdown and Facility Turnaround time from Hee to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for due teclmology and equipment being utilized. The Facility's Operating Characteristics have been provided bythc QS and are set forth in Appendix 1), Section IV of Rate Schedule QS -2. 8A.8:1f the Facility las a Committed Capacity of less than 75 MW, FPL rimy require during certain periods, by oral, written or electronic notification that the QS cause the Facility to reduce output to o •level below the Committed Capacity but not lower than the Facility's Minimum Load. FPL shall provide as notch notice as practicable, normally such notice will be of at least four(4) hours. The frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4) hours. 8.4.9 FPI.'s exercise of its rights under this Section 8 shall not give rise to any liability or payinnu obligation on the pan of FPL, including any claim for breach of contract or for breach of any ccwcnant ofgood faith and fair dealing. 9. Complollen/PerformanceSeeinity The security Contengrlated by this Seething constitutes security for, but is itot a limitation of, QS's obligations licretnder and shall not be FPL's exclusive remedy lot QS's failure to perform in accordance with this Agreement. 9.1 /ts security for the achievement of the Gtuamnteed Capacity Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide I'PL calla: (a) an unconditional, irrevocable, standby letter of acdit(s) with an cxpiration date no calla than the cd oldie first (1st) anniversary of thc CapacityI;elivery'Date (or the next hiLsiness day thacaftcr); issued bye U.S. connrn,pial banker the U.S. branch of a foreign bank hating a Credit'Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"), in form and substance acceptable to. FPL. (including provisions (i) permitting partial and fultdraws ani! (ii) pcmuning.FPi, to draw in tidbit' such' letter of credit is not renewed or replaced es required by the terms hereof at least thirty (30) business days prior to its, expiration date) ("Letter of Credit ); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form and substance acceptable to FPL, •(`ihond"); or (c) a cash collateral deposited with FPL (Cash Collateral" (any of (a), (b), or (c), the''Completion/Performnnce Security": • Conipletioit PerforanceSecmity shall be provided in the amount and by the date listed betoty: (a) $50.00 per kW (for the nmtiber of kW of Conmtitted Capacity set forth in Section 5.1) 10 be delivered to FPL within tVe (5) business days of the Effective Date; and (b)S 100:00 per kW (for the number of kW of Committed Capacity set forth in Section 5:1) to be delivered to FPL two years before the Guaranteed Capacity Delivery Date. "Credit Rating" means with respect to any entity; on any date of determination, the respective ratings then assigned to such entity's unsecured, senior long-term debt or deposit obligations (not supported by third party .credit enhancement) by S&P, Moody's or other "specified rating agency .or agencies or if such entity does not ]nue a rating for its unsecured, senior long-term debt or deposit obligations, then the rating assigned 10 such entity as its "cotpotate credit rating" by S&P. (Continual on Sheat No. 9.1337) Issued by: Tiffany Cohen, Director, Rates and Tariffs Etfeclive: June S, 2018 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 16 FT ORii)A.POWER & KIGTITICOMTANY Attachment A Nitith;Revised Sheet No. 9.037 Cancels Eighth Revised Sheet No. 9.037 (Continued from Sheet No. 9.036) ".Moodv's"Means Moody's Investors Service, Inc. or its successor. "S&P" means Standard & 1'oor's Ratings Group (a division ofThmMcGraw-Hill Companies, Inc.) or its successor - 4 2 The speci fie sceurity;instrument provided for ptvposcs of this Contract is;. ( ) Letter of Credit. () Bond. ( )Cash Collateral. 93 PPL shall have the right to monitor (a) the financial condition of the issuerof a Letter of Creditinthe event any Letter of Credit is:provided by the QS, and (b) the.inaurer, in the case of any Hond. In the event the issuer of a .Letter of Creditno Ionger.qualifics as Qualified issiier or the issuer ofa Bond is On longer f nanicially soiinii FPI, ntay require the QS to replace the 1 efterof Credit. or the Dont; as applicable. Stich replacement Letter of Credit or bond must be issued by a Qualified issuer or a financially soutdissues, as applicable, within ten (10) business days following written notification to the QS of the requirement to replace. Failure by the QS to comply with the requirements of this Section 9.3 shall. be Menials for FPL to draw in full on the e'asting Letter of Credit or bond and to exercise any other mmcdics it may have hereunder. 9.4 Notwithstanding t e foregoing provisions of this Section 9, pursuant ,to FPSC'Rule 25-17.091(4), F.A.C., a QS qualifying as a "Solid. Waste Facility" priisusut to Section 377.709(3) or (5), F S ,•respectively, may use sit in sect red written couuruhnent or promise to pay in a fort reasonably acceptable to FPL, by the local government which Duni the Facility or on whose behalf the QS operates the Facility, to secure its obligation to achieve on a timely basis the Capacity DeliveryDate and the 'satisfactory performance of its obligations hereunder. 9.5 FPL shall be entitled to drain the Completion/Perfornance Steady to satisfy an obligation our liability of QS arising pirsuant to this Contract. 9.5.1 If the QS fails to achieve the Capacity Delivery Date on or before the in-service date of the Avoided Unit or such later dates; perniitted by FPI. prin rant fo Section S.6, FPI, sbaf I be entitled immediately JO receive, draw upon, or retain as the case maybe, ono- hundred (100%) of the Completion! Performance Security as liquidated damages free froth any claim or right of any nature whatsoever of the QS, including any equity or right of redemption by the QS. The Parties acknowledge that the injury that FI'I, will suffer as a result of delayed availability of Committed Capacity and energy is difficult It to ascertain and that FPL may accept such sums as liquidated damages and resort to any other remedies which may be available to it under law or inequity. 9,5.2 In the event that FPL requires the QS to perform one or more Committed Capacity Test(s) at any time on or before the first anniversary of the CapacityDclivery Date pursuant to Section 53 and, in connection with any such Committed Capacity'1cst(s), the, QS fails to demonstrate a Capacity of aat least one- hundred percent (100°0) of the Committed Capacity set. forth in Section 5.1, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one -hundred percent (l00%) of the Completion/Performance Security as liquidated damages free from any claim or right of any nature whatsoever of the QS, including any equity or right of redemption by ilia QS. 9.5.3 " QS shall promptly, but in no event more than five (5) business days following any draws on the ContpletioMperformance Seeimly, replenish the Coiipleheit9'crfbunancc Security to the artibunts required herein. 9.6 The QS, es the Pledgor of the Cornplefion/Perfomsa nce, Security, hereby pledges to FPL, as the secured Party, as security for the achievement of the Capacity Delivery Date and satisfactory p erfonnance of its obligations hereunder, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Completion/Performance Security transferred to or received by FPL hereunder. Upon the transfer or rehrn by FPI, to. the QS of CompletionTerforntance Security, the security interest and lien granted hereunder oat that Completion!Petformnitee Seciirity.will be released immediately end, to the extent possible; without any farther action by either party. (Continued on Shat No. 9.038) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5,2018 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 17 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.038 Cancels Original Sheet No. 9.038 (Continued from Sheet No. 9.037) 9.7 In lieu of any interest dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held by FPL (all of which may be retained by FPL); FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "interest Amount" means, with respect to each monthly period, the aggregate sum of the amosmts of interest calculated for each clay in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows: (x) the amount of that Cash Collateral on that day, multiplied by (y) the latera:st Rate in effect for that day, divided by (z) 360. "interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Federal Funds Overnight Rate" means, for the relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weeldy statistical release designated as 14.15 (519), or any successor publication, published by the Board of Governors of the Federal Reserve System. If on the determination date such rate is hot yet published in 11.15 (519), the rate for that date will be the rate set in Composite 3:30 P.M. Quotations for U.S. Government Securities for that day under the caption "Federal Funds/Effective Rate." if on the determination date such rate is not yet published in either I1.15 (519) or Composite 3:30 P.M.Quotations for U.S. Government Securities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In the event that the QS receives capacity payments pursuant to Option 13, Option C, Option D or Option E (as such options arc defined in Appendix A and elected by the QS in Appendix E) or receives energy payments pursuant to the Fixed Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS m Appendix E) then, upon die termite tion of this Contract, the QS shall owe mid be liable to FPL for a termiriation fee calculated in accordance ytith Appendix C (the `Termination pee'). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract. ihall provide the QS, on a Monthly basis; a calculation of the Termination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC.Rule 25.17.091 in which case tate QS may use an unsecured written corinnitment or promise to pay, in a foram reasonably acceptable to FPL, by the local govermnent which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Termination Fee) by the QS by: (a) an unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in fonn and substance acceptable to FPL (including provisions (a) permitting partial.and full draws and (b) pcmntting 111, to diaw,upon such letter of credit, in full, if such letter of credit is not renewed or replacxl at least thirty (30) business days prior to its expiration date, (`Termination Fee Latter of Credit'), (b) a bond, issued by a financially sound Company and in a form and substance acceptable to F1'L, eTcmnnation Fee Bond');.or (c) a cash collateral deposit with FPL (`Termination Fee Cash Collateral') (any of( a ), (b), er (c), fie "Tcmmination Security'). 10.1.2 The specific security instrument selected by the QS for purposes of this Contract is: ( ) Termination Fee Letter of Credit ( ) Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPL shall have the right to monitor the financial condition of (i) the issuer of a Termination Fee Letter of Credit intim case of any Termination Fee Letter of Credit and (ii) the insurer(s), in the case of any Termination Fee Bond. In the event the issuer of a Tcmtination Fee Letter of Credit is no longer a Qualified issuer or the issuer of a Temnnation Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fcc Letter of Credit or the Tcmmination Fee Bond, as applie able. In the event that FPL notifies the QS that it requires such a replacement, the replacement Termination Fee Letter of Credit or Termination Fee Bond, as applicable, moat be issued by a Qualified Issuer or financially sound comprury within ten (10) business days following Ruch notification. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in full on any existing Temunation Fee Letter of Credit orTemrination Fcc Bond and to exercise any other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by; S, E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 18 ;F 1 QRIDA POWER & _LIGHT CQNII'ANY Attachment A First Revised Sheet No.:9.039 Cnnccla Original Slicct No. 9.039 (Continued from Sheet No.:9.038) 10.1.4 After the close of each calendar quarter (March 31,.lune 30, September 30; and December 31) occurring subsequent to the Capacity Delivery Date,: tire QS shalt provide. to FP.L within ten (10) business :days. of the close of such calendar quarter with written assurance and docu:iniernation.(tl "Security Documentation'), iit form and substance acceptable tq FPL, that the :unount of the rriost recently provided Termination Security is sndlcient to cover the balance:ofthe Termination Fee. In addition to the foregoing; at any time during the term .of this Contract, FPL shall have the right to request, and the QS shall be obligated to delivix within five (5) business days of such riga st, such Security Doctimenlaticm. Failure by the QS to Comply with the recruitments of this Section 10.1.1 shall be grounds for FP1.,10 draw in fill on any existing Termination Foe Lester of Credit or Temunation fee l3ond or to retain any termination Fee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against anyTernination Fee that may be chic and inning to FI'1. or that may in the future be due and owing to FPL. 10.1.5 Upon any temiination of this Contract following the Capacity Delivery Date, FPI. shall be entitled to reeeivc(and in the case of the Temunation Fee Letter of Credit or Termination Fee. Bond, draw upon such Termination Fee Letter of.Credit or Termination Fee Ilond) and n;l:tin onc- hundred percent (100°5) of the Termination Security tq tic applied against airy 7 cirninalicm Fee Ihat:may bi. due and owing to FPL or Marti -6y in the finhre he due and owing to FPi:. FPL will transfer to the QS any proceeds and Termination Scourity remaining after liquidation, set-off and/or application murder this Article after:satisfaetion in firll of all amounts payable by the QS with respect to any Tcnnination Fee of otherebligations due, to FPL; the QS in all event; will renumin liable for any amounts remaining unpaid afteranyliquidation, set-off and/or application tender this Article. 10.2 The QS, as the Pledgor of ilme Termination Security, hereby pledges to FPI, as the secured -Party; as security for the Temunation Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set off against. all Termination Security transferred to or received by FPL hereunder. Upon the transfer or return by FPL to Ilse QS of Tennimation Security, :the security interest arid lien granted hereunder on that Temunation Security will be released inuuediately and, to the extent possible, without any further action by either party. 10.3 hi lieu of any interest, diiidends or other amounts paid or deemed to have been paid with respect. to Termination Fee Cash Collateral held by FPL (all of which may be retained by PPL); FPL will transfer to the QS on a monthly basis the Interest Amount, Pursuant to Section 9.7. 11. PerforntanceFactor FPL desires lo provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which approxinrrlesithe projected performance of PPI.'s Avoided .Unit. A:formula to achieve (his objective is attached,ns Appendix B. (Continued on Sheets No. 9.040) Issued by: S. E. Itonlig,Director, Rates and Tariffs Effective: September 13, 2016 2-` ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 19 FLORIDA POWER & LIGHT COMPANY Attachment A Fourth Revised Sheet No. 9.040 Cancels Third Revised Sheet No. 9.040 (Continued from Shat No. 9.039) 12. Default Notwithstanding the occurrence of any Force Majeure as dcscribcd in Section 16, each of the following shall constitute an Event of Default: 12.1 The QS fails to tncet the applicable requirements specified in Section 1 of this Contract.; 121 The QS changes or modifies the Facility from that provided in Scction 1 with respect to its type, location, lcchnology or fuel source, without prior written approval from FPL.; 12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain Billing Factor, as described in Appendix 8, of at least 70%.; 12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Completion/Perfonnance Security). Annual Capacity 12.5 The QS fails to comply with any of the provisions of Section 10.0 hereof (Termination Security).; 12.6 The QS ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or ea receiver shall be appointed for the QS or any of its assets or properties; or if any part of the QS's assets shall be attached, levied upon, encumbered, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof;. or if the QS shall make an assignment for the benefit of creditors; or admit in writing its inability to pay its debts as they become due. '12.7 The QS fails to giVe:proper assurance acceptable to FPL of adequate performance as specified under this Contract within 30 days after FPL, with reasonable grounds for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails to perform as specified under this Contract, including, bait not limited to, the QS's obligations under any part of Sections 8, add :I 8. 12.9 The QS fails to achievcthe perrifitting, licensing, certification, aril all federal, state and local goveminental envimnmcntal and licensing approvals required to initiate construction afire Facility by no later than one year prior to Guaranteed Capacity Date, 12.10 'the QS fails to comply with any of the provisions of Section 18.3 hereof (Project Management). 12.11 Any of the representations or warranties trade by the QS in this Contract is false or misleading in any material respect. 12.12 Thc occurrence of an event of default by the QS under the Interconnection Agreement or any applicable 1Vhecling Agreement; 12.13 The QS fails tosatisfy its obligations under Section 18.14 hereof(Assignmcnt). 12.14 The QS fails to deliver to FPL in accordance with this Contract any energy or firm capacity required to be delivered hereunder or the delivery or sale of any such energy and firm capacity to an entity other than FPL.. 12.15 The QS fails to perform any material Covenant or obligation under this Contract not mecifically.mentioned in this Section 12. 12.16 If at any time after the Capacity Delivery Date, the QS reduces the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the les el set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months folloiving'the occurrence of such event of Force Majeure. (Continued on Sheet No. 9.041) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 20 FLORIDA POWER & I GFUT COMPANY Attachment A Fut Revised Sheet No. 9,041 Cancels Original. Sheet No. 9.041 (Continual from Sheet No` 9.040) 13. FPL's Rights in the F:vent of Default 13.1 Upon the occturence of any of the Events of Default in Section 12, FPI, Mak. (a) terminate this Caramel, Withold genii( ty or further Obligation, except as set forth in Section 13.2,4 written notice to the QS, :Ind 6(11;4 against any Imyment(s) due from FPi, to the QS, any monies othecivise (hie from the QS to FPL; (b) (Lacy on the Cn plelimJPerfgm:auce 5ec'nity'punsuant to SnUc i:i 9,,0 collect the Tearinutimi Fee Iinuistaagt to Secliuni 10 as applicable, and (c) exorcise any Other remedy(ins) which may bo avertable to F'PL'at law or in equity. 13.2.In the case of an Event of Default the:QS rerogiiizes that any remedy at law may be inadequate because this Contract is moque andror because the actual dannago . of FPL may be difficult to reasonably ascertain. Therefore, the QS agrees that FPL shall be entitled to pursue an action for specific performance, and the QS waives all of its rights to assert as a defense to such action that FPL's remedy at law is adequate. 13,3 Termination shall not afflict the liability of either party for obligations arising prior to suck to rminalion or for damages, if any, 'resulting front any breach of this Contract. 14. Indcm riificationfL,Inlits 14.1 T'PL aiiii:Oil QS. Shall each be responsible for its own facilities. 1.7'L anid.the QS shall each be responsible for ensuring adequate s<nfeguards for Other FPL customers FPL's and the QS's personnel anct equipment, and for the protection ails one generating system, Subject to Section 2.7 indemnity to Company, or section 2.71 indennity Ill Concpany — Governmental, FPL's General Rides Mid Regulations of Tariff Sheet No.C.020 each party (the "Indemnifying Party') agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold hamdess the other party (the "indemnifying Party') and its officers, directors, employees, agents and contractors (hereinafter called respectively, "FPL Entities." and "QS Entities') from and against any and all deime, dentwids, costs,'or cepcnge4 for`le s;_deniagc, or injury to pereoos or property of tlic Indemnified Party (or to third parties) caused by, exiting out ol; or resulting from: (a) a breath by the lndenanif}ing Party of its covenants, nyresactafiens, end warranties or obligations hereunder, (b) any act or omission by We lndunnifying Party or its o ntrac'tors, agents:, senaids or employees in connection with the installation or operation of its generation system or One operation thereof in Connection with the other Hartle system (c) miy defect in, failure of, or fault, related to, the indemnifying Party's generation system; (d) the negligence or willful mi comlud.of the. ilndenlnifying party. or its contractors, agents, seivaiite'or employees; or (e) any other event, act or incident, including the transmission and use Af electricity, that is, theresult of, or proximately'cansed by, the Indemnifying Party or its'contractora, dgents, servants or employees. 14.2 Payment by en indemnified Party will not be a condition precedent to the obligations of the Indemnifying Party under Section 14. No Indemnified Party under Section 14 shall settle any claim for which it claims indcnuafication hereunder without first allowing the Indemnifying Party the rigid to defend such a claim. 7hc Indemnifying Party shall hays no obligations under Suction 14 in the cctinl of a breach of the forceome seadetcc by the lndeinnilied Party. Section 14 shall survive termination of this Agreement: 44.31:iinita1ion on Consequential, incideital and inilirect Derripgex TO THE F131,1,PST EXTENT PFItMiTTFD'BY•LAW, NEITHER THE, QS .NOR FPE4 NOR THEIR RESPECTIVE OFFICERS, DiRECFORS, AGENTS, EMPLOYEES, MEMBERS, PARENT'S, SURSIDiARiES OR AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR RISPLCI'P/1! OFFICERS, DIRECTORS, .WENIS, EMPW t LLS, (MEMBERS, PARLN17, SURSIDLARILS OR AFF1LIATES, SUCCESSORS OR ASSIGNS, FOR CLAIMS; SUFIS, ACTIONS OR CAUSES OF ACIION FOR INCIDENTAL, INDIRECT, SPECIAL PUNITIVE, MULTIPLE OR CONSLQULN`fIAL DAMAGES CONN,LC.ILD \\+[I'll OK RLSULIING 1 RON1 PERFORMANCE Ulu NON-PERFORMANCE OF THiS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THiS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES WHiCH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT, TORT (INCLUDING NEOIJGi:NC.E AND MISREPRESENTATION), BREACH •OF WARRANTY, STRICT LIARILITY, STATUTE OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO IDE PAID HEREUNDER ARI; LIQUIDAI ED; THE PARTIE5 ACKNOWLEDGE 71411 171E DAMAGES ARE Dll•TICULI' OR IMPOSSIBLE 'I O DLI'ERh11NL, THAi' OIIILRWISL 0131AINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THAT TILL LIQUIDATED DAMAGES CONS'1'fl'UTL' A RLASONi\13LE APPROXIMATION OF THE ANTICIPATED IIARM UR LOSS.. -11 NO REMEDY 011 MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LiABiLITY SHALL RE 1JMITEI) TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL RE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND (Continued on Sheet No. 9.042) Issued by: S, E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 21 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.042 Cancels First Sheet No. 9.042 (Continued Froin Sheet No. 9.041) ALL OTHER REMEDIES OR DAMAGES AT LAW QR IN EQUITY ARE WAIVED; PROVIDED, HOWEVER. THE PARTIES AGREE THAT THE. FOREGOING LIMITATIONS WILL NOT iN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THiRD PARTY CLAIMS OR THE UAI3ILITY OF A PARTY WHOSE ACTIONS GIVING RiSE TO SUC11 LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE 'TERMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN THiS AGREEMENT SHALL. BE DEEMED TO RE A WAIVER OF A PARTY'S RiGHT TO SEEK INJUNCTiVE RELIEF. 15. Insurance 15.1 The QS shall procure or cause to be.procured, and shall maintain throughout the entire tem) of this Contract, a policy or policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively, the "QS Insurance"). A certificate of insurance shall be delivered to FPL at least fifteen (15) calendar days prior to the start of any interconnection work. At a minimum, the QS Insurance .shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability endorsement covering liabilities (1) which might arise under, or in the performance or nonperformance of, this Contract and the Interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the Facility or the QS's equipment in satisfactory and safe operating condition. Effective et least fifteen (15) calendar days.'pnor to the s}nchronieation of the Facility with FPI; s system, the QS Insurance shall be amended to include coverage for interruption or Curtailment of powcr.supply in accontanccwith industry standards. Without limiting the foregoing, the QS Insurance. must be reasonably acceptable to FPL. Any premium ascessnhent or deductible shall be for the account of the QS and not FPL. 15.2 The QS Insurance shall have a minimum limit of one million dollars ($1,000,000) per occurrence, combined single limit, for bodily injury (including death) or property damage. 15.3 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable, such unavailability shall not constitute an Event of Default welts Otis Cwrhaet, but FPL and the QS shall enter into negotiations to develop substitute protection which the Parties in their reasonable judgment deem adequate. 15.4 To the extent that the QS ]nsurancc is on a "claims made" basis, the retroactive date of the policy(ics) shall be the effective date of this Contract or such other date as may be agreed upon to protect the interests of the FPL Erhtities and the QS Entities. Furthermore, to the extent the QS Insurance is on a "claims made' basis, the QS's duty to provide insurance coverage shall :survive the termination of this Contract u)htib the expiration of the ma'imum statutory period of limitations in the State of Florida for actions based in contract or in tort To the extent the QS insrance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the term of this Contract. 15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least thirty (30) calendar days' written notice to FPL. The QS shall provide FPL with a copy of any material communication or notice related to the QS Insurance within ten (10) business days of the QS's receipt or issuance thereof. 15.6 The QS shall be designated as the named insured and FPL shall be designated as an additional named insured under the QS Insurance. The QS insurance shall be endorsed to be primary to any coverage maintained by FPL 16. Force Mgjeure Force Majeure is defined as an event cc circumstance that is not within the reasonable control of or the result of the negligence of the affected party, and which, by the exercise of due diligence, the affected party is umlile to overcome, avoid, or cause to be avoided in a conuuercially reasonable manner. Such events or circumstances may include, but are not limited to, acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or ether labor disputes, difficulties (not caused by the failure of the affected .party' to comply with the terms of a collective bargaining agreement), or actions or restraints by court order or govemrnental authority or arbitration award. Force Majeure shall not include (a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdown or inability to use equipment caused by its design, construction, operation maintenance or inability to meet regulatory standards, or of eessise caused by an event originating in the Facility; (c)) a failure ofperfomruhce of any other entity, including any entity providing electric transmission service to the QS, except to the extent that titch failure was enticed by an event that would otherwise qualify as a Force Majeure event; (d) failure of the QS to timely apply for or Obtain permits. (Continued on Sheet No. 9.043) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 22 .[TARIAA PO\% :R.& LIMIT COMPANY Attachment A First Reviaed Sheet No. 9.043 Cancels Original Sheet No. 9.043 (Continued from Sheet No. 9.093) 16,1.kxccpt :as otherwise prOvidcri m tum Contract, each party shall Lx c>cusect• from perfrnoance when its noinperfor ranee was caused, directly or indirectly by an evert of Force Majeure. 16.2 In the event of any -delay M nonperformanceresulting from an eventof-Porce Majeure,the party'claiming Force Majeure shall notify the rither.party.irt writing within hyo (2) business days of the ocentrcnce ofihe event of Force 1Majcure,.of the nature, Cause, date of conuirencement thereof and the anticipated e'dent of such delay; and shall indicate whether any deadlines or date(s), imposed hereunder may he affecterl.thereby:The suspension of perfomiance shall be of .no greater scope and of no greater duration than the cure for the Force Majeure requires. A party. claiming Force Majeure shall not be entitled to any relief therefore unless and tuitil conforming notice.is provided. • The party .claiming Porte Majeure notify the Old party of the cessation of the event of Poke Majeure or of the eottolitsion of the • affected party's tune for the event of Force Majeure, in either case within two (2) business days thereof. 16.3. The party claiming F'orce_Majeure shall use its best efforts 10 •cure the cause(s) preventing -its performance of this _Contract; provided, however, the settlement of strikes, lockouts and, other labor .disputes shall be entirely within the discretion of the affected party, and such party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to detnands which such party deems to be unfavorable. 16.4 If the.:QS suffers an.occurrennce of an event of ForceMajeu re,Uhat reduces tlie.generafing•capability of the Facility below the Comnuttcd Capacity, the QS may, upon"notice to FPI, temporarily adjust the Committed Capacity as proVtded in Sections 16.5 and 16.6. Such adjustment shall be effective (he fust calendar day immediately following FPL's receipt of the notice or such later date as may be specified by the QS. Furthermore, such adjustment shall be the,minimum amount necessitated by the event of Force Majeure. 16.5 If the Facility is rendered ceinpletely ineporatiye as a result of Force Majeure, the QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or fully operaic at the Cornrriittcd Capacity.lhatexisted prior to the Force Majeure. if the Committed Capacity is 0 KW, FPI. shall have no obligation to make capacity payments hereunder. 16.61f, at any time during the occurrence of an event of ForecM ajeare m during its cure, the Facility can partially or fully operate, then the QS shall temporarily set the Comniiitted Capaoity at the iitaximtuu'capability that the. Facility can reasonably i?L'e tpeoted to operate. 16.7 upon the cessation of the event of Force Majcure or the conclusion of the cure for the event of Force Majeure, the Committed Capacity shall he restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any ether • provision of this Contract, upon such cessation or etre, FPL Ghali have the right to require a Committed C:apacity'1'. 1 to demonstrate the Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPi. under this Section shall be additional to any Committed Capacity Test under Section 5.3. 16.8 During the .occurrence of•an event of Force Majeure and a reduction in Committed Calxseity tinder Section 16.4, all. Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the pay -for -performance provisions in Appendix 11. 1G.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility andlor the interconnection with FPI.'s system if the same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the Facility or the interconnection with FPL: FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances where any inlemnptioxns to such interconnections are caused by FPL or its agents. 17. Pep resentatlons, Warranties, and Covenants of QS The QS represents and warrants that as of the Effective Date and for the term of this Contract 17.1 Organization, Standing Lind Qoaliflcalion The QS is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the laws of and has alt necessary power and authority to airy on its business as presenllyconducted, to own or hold under lease ihn properties and to enter into and perfomn its obligations under this Contract and all other related documents: and agreements to which it is or shall be. a Party. The. QS is duly qualilled or licensed to do business in the State of Florida_ mid in all other jurisdictions wherein the iodine of its b e:Mess and operation; tx• the character of the properties oared or IIsSed by it makes ;',ucb qualification or licensing necessary mid where the failure to be so qualified or licensed would impair its ability to perform its obligations • under this Contract or would result in u material liability to or would have a material adverse effect on FPL. (Continued on Sheet No. 9.044) Issued by: S. E. Romig, Director; Rates and Tariffs Effective: August 18, 2009 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 23 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.044 Cancels First Sheet No: 9.044 (Continued from Sheet No. 9.043) 17.2 Due, Authorimation, No Approvals, No Defaults, etc. Each of the execution, delivery and performanec by the QS of this Contract has been duly authorized by all necessary action on the part of the QS, docs not require any approval, except as has been heretofore obtained, of the (shareholders; partners, or others, as applicable) of the QS or any consent of or approval :from any trustee, lessor or holder of any indebtedness or other obligation of the QS, except for such as have been duly obtained, and does not contravene or constitute a default under any law, the (articles of incorporation, bylaws, or other as applicable)'of the QS, or any agreement, judgment, injunction, ardor, • decree or other instnument binding upon the QS, or subject the Facility or any component part thereof to any lien other than as contemplated or permitted by thus Contract. This Contract con 1tutes QS's legal, valid and binding obligations, enforceable against it m accordance With the terms hereof, except as such enforceability may be limited by applicable bankruptcy laws from time to time in effect that affect creditors' rights generally or by general principles of equity (regardless of whether such enforcement is considered in equity or at law). 17.3 Compliance with Laws The QS has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. The QS is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material adverse effect on the QS or FPL. 17.4 Governmental Approvals Except as expressly contemplated herein, neither the execution and delivery by the. QS of this Contract, nor the consumttation by the QS of any of the transactions contemplated thereby, requires the consent or approval of the giving of notice to, the registration with, the recording or fling of any document nt with, or the taking of any other action in respect of governmental authority, except in respect of pemdls (a) which have already bean obtained and are in frill force and effect or (b) are not yet required (and with respixt to which the QS has no reason to believe that the same will not be really obtainable in the onlinary course of business upon due application therefore) 17.5 No Suits, Proceedings There are no actions, suits, proceedings or investigations pending or, to the knowledge of the QS, threatened against it at law or in Nulty before any count or tribunal of the United Slates or any other jurisdiction which individually or in the aggregate could result in any materially adverse effect on the QS's business, properties, or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligations under this Contract. The QS has no knowledge of a violation or default with respect to any law which could result in any such materially adverse effect or impairment. The QS is not in breach of, in default under, or in violation of, any applicable Law, or the provisions of any authorization, or in breach of in default under, or in violation of or in conflict with any provision of any promissory note, indenture or any evidence of indebtedness or security therefore, lease, contract, or other agreement by which it is bound, except for any such breaches; defaults, violations or conflicts which, individually or in the aggregate, could not reasonably be expected to have a material adverse effect on the business or financial condition of Buyer or its ability to perform its obligations hereunder. 17.6 Environmental Matters 17.6.1 QS Representations To the beat of its knowledge after diligent inquiry, the QS knows of ne (a) existing violations of any environmental laws at the Facility, inducing those governing hazardous materials or (b) pending, ongoing, or unresolved adininistrativc or enforcement investigations, compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or other third parties alleging violations of any environmental, law or permit whioh would materially and adversely affect the operation of the Facility as contemplated by this Contract. 17.6.2 Ownership and Offering For Sale Of Renewable Energy Attributes The QS retains any and all rights to own and to sell any and all environmental attributes associated with the electric generation of the Facility, including but not limited to; any and all renewable energy certificates, -green tags" or other tradable environmental interests (collectively "RECO, of any description (Continued on Sheet No. 9.045) Issued by: S. E. Romig, Director, Rates and Tariffs Efectiv'ei August 16, 2009. ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 24 FI,ORIPA POWER & LIGFITCOMTRANY Attachment A Third Revised Sheet No. 9.045 Cancels Second Revised Sheet No. 9.045 (Continued from Sheet No. 9.044) 17.63 Changes in Environmental and Governmental Regulations If nes environmental and other regulatory requircmaits enacted during. the term of the Contract change FPL's full avoided cost of the unit on which the Contract is based, tither party can electto have the contract reopened. 17.7 lntaconncction.'tVhccling Agrcanent 'Rte QS his eieeuted an interconnection agreement with FPI., or represents or win -ants that ithas entered into a valid anil ¢tfarccable Interconnection Agreement with the utility in whose seryice territory the Facility is located, putnuant to which the QS assumes conlmctual responsibility to make any tinct aU trenanissIon-rebated arrangements (including control area services) between the QS and the transnittbtg utility for delivery of the Facility's capacltyand tiaergy'to FPL. 17.8 Techoulogy'anif Generator Capabilities That. For the Iain antis Contract the,Tcclniologyand Gmtrator Capabilities ruble set forth in Section I is accurate and complete. 18. General Provisions 14.1, Project Viability 7o assist1PL in assessing the QS's fmanciai and technical viability, the QS diall provide the information and docimteds regnated hit Appatdix 1) urssubstantiallisintilar documents, '16 the extent the documcoto apply to the type of Facililycovcal by titis.Contrad, and to the cxtent.the ducoments are available. All documents to be considered by FPL must be shin -hilted al thetime this Contract is prescnted to FPL. Failure to ptoiide the following shell documents mayresiiltin a detetmination.of non -viability by FPL. 18.2 Permits Site Control The QS hereby agrees to obtain and maintain Permits which the QS is rcquirtd to obtain as a prerequisite to engaging in the activities cccifie d in this Contract. QS shall also obtain and maintain Silc Control for the Tam of the Contract 143 Project Management 18.3.1 if requeaed by FPL the QS distil .submit to FPL its integrated project schedule for Fit's review within sixty calendar days from the c cciuton. of tis. Contract, and a part up and inti, schedules fur the Facility at Icast sixty calaidar d)is prior to tiiarl•tip and testing of the Facility. Thew schcdhlcsshill identify key licensing, pcmiinin(g.Lbnsimdionandoperatingmilciiiricdalesatidactivilim.IfregUestcdbyFPh the QSshall vibtnitprogrcc :reports in a form tinisdhctoiry to FPI, every calendar _month tinlil the Capacity Delivery nate and Ffialt nutifyFPi, of any changes m rich sclin ccs within ten calendar days after 3ucit changes ere determined. FPL stall have tle"right le monitor the construction. sten-bp and testing of the Facility. either on-site of off- site. FPL's technical resiew' and inspections of the Facility and resulting requests if any. shall not be consuued as endorsing the design thereof or es any warranty as to the safety. durability or reliability of the Facility. 183.2 The QS draft pmvidc I'PI, with tbc.final dcsigner's/nianutndiirer's generator capability curves, protective relay types, proposed protective relay dating., main tree -lino diagratns, mineetive relay fundiuthl diagrams, arid nllcmaiing torrent acid direct-currentcicrnemgy diagnuns fur review and inspection 0 FPL no later than one hundred eighty calendar days prior to the initial synchronization date. 18.4 Assignment. lhis.Agreemcnt shall pure to the benefit of and shall he binding upon,theParties and their respective slIccessnrs arid assigns. This Agee/nail shall not be accigncd or transferred by citha Andy without the prior written conSeit ofthe other Pasty, such consent to be granted or ti•ithheld in such other Party'a role discretion. Any dircit or indirect chiutge of control of QS (Ocilla- voluntary or by operation or taw) shall be deemed tut assignmaht and stta11 require the prier burin at ciansccut of FPL. hhil illtstatidiug lhe.furcgoing, vsther, Party stay, wittotit the cuiisad of Me Mita. Party, assign rte het:ster this Agreement: (a) to 'any lender as. collateral sccurity fur obligations under,any financing documents entered into with such lender provided, QS shall be responsible for FPI,'sreasonable cads and nxpmacs associated with the review, negotiation, cxeadion and delivery of any documents or information pursuant to such Collateral a�cighqucnt, htelnding reasonable allomcys' fees (h) to an affiliate of such Party; 1.;!-,..A.44,4 that much affiliate's creditworthiness is equal to or bettcrYhan that of such Party (and in no event leers than hivessiniait (Trade) as determined reasonably by the non•assigning or non -transferring Party and provided, JaAher. that any such affiliate shall agree in writing to be bound by and to asaume the hamss and conditions hereof and any and all obligation's to the n- icoassignutg or nurt-eransfcrring Party arising or accruing hcrcunde Gum and atter the dale of such assumption. "Investment Grade" means BBB- or above front Standard & Poor's Corporation ar Baa2 or,abovc from MoodyInvestor Smites. 18. Disclaimer in excaning this Contract, FPi. dots nil, tior shouldit be consimal, to extend its credit ur fhmmcial tampon Inc the benefit of any third parties lending money to or having other transact ions wiih etre QS nr any asmignce of This Contract. (Continued on Sheet No. 9.046) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September.13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 25 FLORIDA POWYJM t 1GIrr COMPANY Attachment A Fust Revised Sheet No. 9.046 Cancels Original Sheet No. 9.046 (Continued from Sheet No. 9.045) 18.6 Notification All formal notices relating to this Contract shall be deemed diily given when delivered in person, or sent by registered or certified mail, or sem by ftrc if followed immediately with a copy sent by registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shall be sent until such time es either Party furnishes the other Patty written instructioncto contact another individual: For the QS: For FPL: Floricka Power& Light Company 700 Universe Boulevard Juno Beach, FL 33408 Attn: EMT Contracts Department This signed Contract arta all related documents may he presented no earlier than 8:00 a.m. on the effective date c+f the Standard Offer Contract, as determined by the FPSC. Contracts and related documents May be mailed to the address below or delivered during normal liminess hours (8:00 a.m. to 4:45 pm.) to the visitors' entrance at the address below- Florida Power& Light Company 700 Universe Boulevard, Juno Beach, FL 33408 Attention: Contracts Manager/Coordinator EMT Contracts Department 18.7 Applicable Law This Contract shall be construed in accordance with and governed by, and the rights of the Parties shall be construed in accordance with, the laws of the State of Florida as to all matters, including but not limited to matters of validity, construction, effect, performance and remedies, without regard to conflict of law toles thereof. 18.8 Venue The Patties hereby irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District cif Florida or, in the event that jurisdiction for any matter cannot be established in the United States District Court for the Southern District of Florida; in the state court for Palm Beach County, Florida, solely in respect of the interpretation and enforeetttent of the provisiems of this Contract and of the documents referred to in this Contract, and in respect of the transactions contemplated hereby, and hereby waive, and agreenot to asserts ma defense Minty action, suit or proceeding for the interpretation or enforcement hereof or of any such document, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue :thereof may not be appropriate or that this Contrast or any such document may not be enforced in of by such coons, and the Parties hereto irrevocably agree that all claims with respect to such action or procceding shall be heard and detcmrincd in such a court. -The Parties hereby consent to and grant any such court jurisdiction over the persons of suds Parties solely for such purpose and over the subject niatter of such dispute and agree that Mailing of process or other papers in connection With any such action or proceeding in the manner provided in Sttxion 18.8 hereof or in such other manner as may be permitted by Law shall be valid and sufficient service thereof. (Continued on Sheet No. 9.047) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: October 4, 2011 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 26 IZARIPA POWER & I IGHT COMPANY Attachment A First Revised Sheet No. 9.047 Cancels Original Sheet No. 9.04.7 (Continued from Sheet No, 9,046) 18.9. Waiver of Any Trial. EACH PARTY ACKNOWLEDGES AND: AGREES THAT ANY. CONTROVERSY WI1ICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLiC.ATF.D AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY ILAVE TO A TRiAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT' OF QR RLLAI'ING'!'O THIS CONTRACT O1; THE TRANSACTIONS CONTEMPLATED HEREBY. :EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESEN1AT1VE, AGENT OK ATTORNEY OP THE OTHER PARTY HAS REPRESENTED EXPRESSLY OR OTHERWISE, T1iA`I' SUCI I arum PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) EACH PARTY UNDERS'I:ANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOI.UNI ARIIN AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONI'RA(1 BY, AMONG OTHERTLIINGS, TIIE MUTUAL \VAiVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18,1:0 Taxation lit the event that FPL becomes liable for idditional taxes: including interest aiullor penalties arising from an Internal Rerenue Service's determination, through audit, oiling or other authority, that FPI.'s payments to the QS for capacity under Options R, C, I), E or for energy pursuant to the Fixed Finn Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may hill the QS monthly for the costs, including carrying charges, interest and'or penalties, associated, with the fact that all or a portion of these capacity payments are not currently deductible for federal andvor state income tax purposes. FPi, at its option, may offset these costs against amounts Ate the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the entire capacity payments had heen deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Service's determination, the decision as to whether the appeal should be made through One administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL, 18.11 Severability 1farty part of this Contract, for any reason, is declarcd.invalid, or Unenforceable by a public authority of appropriate jurisdiction, then3ueh decision shall not affect the validity, of, the remainder of the Contract, which rttnainder stall remain in force and effect as if this Contract had been executed without the invalid or unenforceable portion. 18.12 Complete Agreement and Amendments All previous communications or agreements between the Parties, whether verbal or written, with reference to the Subject matter of this Contract are hereby abrogated. No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. 18.13 Survival of Contract This Contract as it may be amended from time to time, shall be binding upon, and inure to the benefit of, the Parties' respective successors -in -interest and legal representatives. 18.14 Record Retention The QS agrees to retain for a period of five (5) years from the date of termination hereof all records relating to the performance of its obligations hereunder, and to ease all QS Entities to tclain for the same period all such records. 18.15 No Waiver No waiver of any of the teens and conditions of this Contract shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given, The failure of a Parry to insist, in any instance, on the strict performance of any of the terms and conditions hereof :Thal l txif he construed as a waiver of such Party's right in the future to insist on such strict performance. (Continued on Sheet No. 9.048) <Issuet i Z Se,R. RowN, Director, Rates and Tariffs Eft ettrWt [ leatiTtltit♦ 13,201d ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 27 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.048 Cancels Original Sheet No. 9.048 (Continued from Sheet No. 9.047) 18.16 Set -Off FPL may at any time, Mit shall he under no obligation to, set off any and all sunts due from the QS against sums due to the QS hereunder: 18.1.7 Assistance With FPL's evaluation of FIN 46R Accounting rules set forth in Financial Accounting Standards Board Interpretation No. 46 (Revised Decerribcr 2003) ("FIN 46R"), as well as future amendments and interpretations of those Hiles, may require FPI, to evaluate whether the QS must be consolidated, as a variable interest entity (as defined in FIN 46R), in the consolidated financial statements of FPL. The QS agrees to fully cooperate with FPL and make available to FPL all financial data and other information,as deemed necessary, by FPL, to perform that evaluation on a timely tnsis at inception of the PPA and periodically as required by FIN 46R. if the result of on evaluation under FIN 46R indicates that the QS must be consolidated in the financial statements of FPL, the QS agrees to provide financial statements, 'together 'with either required information, as determined by FPL, for inclusion in diselosures contained in the footnotes to the financial statements and in FPL's required filings with the Securities and Exchange Commission ("SEC"). The QS shall provide this information to FPL in a timeframe consistent with FPL's earrings release and SEC filing Schedules, to be determined at FPL's discretion The QS also agrees to fully'cooperate with PPL and FPL's independent auditors in completing an assessment of the QS's .internal controls as required by the Sartanes-Oxley. Act of 2002 and in performing anyaudit procedures necessary for the independent auditors to issue their opinion on the consolidated.financial statements of FPI,.:.FPI. will treat any infoimation provided by the QS in satisfying Section 18.17 as confidential information and shall only disclose such information to the extent required by accounting and SEC rules and any applicable laws. IN WITNESS WHEREOF, the QS and FPL cxcvulcd this Contract this day of WITNESS: .FLORIDAPOWER & LIGHT COMPANY WITNESS: Date (QS) Date Issued by: S. E. Romig,: Director, Rates and Tariffs Effective: July 29, 2008 2-2 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 28 • ,F,L. RIDA POVVER & LIGFIT. COMPANY Attachment A Sixth Revised Sheet No. 10.300 Cancels Fifth Revised Sheet No. 10.300 RATE:SCHEDULE QS -2 APPENDIX A TO TIIE STANDARD OFFER CONTRACT STAND.8ltD RATE FOR PURCI USE OF FIRM CAPACITY -AND ENERGY !•ROMA RENEW AIILEENERGY.F;ACILITY ORA QUALIFYING FACILITY WiTH A DESIGN CAPACITY OF 100 KW OR LESS SC11Ft)ULE QS -2, Firm Capacity and Energy AVAILABLE The Company twill; under the provisions, of this Schedule and the Company's.'Standard Offer Contract for the Purchase of. Finn Capacity and Energy from a Renewable Energy Facility or aQualifying Facility with a design capacity of 100 KW or less' ("Standard Offer Contract"), purchase firm capacity and energy offered by a Renewable 1:nergy Facility cpeoified in Section 366,91, Florida Statutes or by a Qualifying Facility with a design capacit)' of 100.}.\ir or less as specified in 1 PSc Rule 25-17- 0832(4) .and Which is either directly or indirectly interconnected with the Company. Both of these types o f facilities shall also be referred to herein as QtialificdSeller or "QS". The Company will petition thc.FPSC for closure upon .any of the following as:related'to the generating unit upon which this standard offer contract is based i.e. the Avoided Unit (a) a request for proposals (RFP) pursuant to Rule 25-23.082, F.A.C.; is issued, (b) the Company files a petition for a need determination or commences construction of the Avoided Chit when the generating unit is not subject to Rule 25-22-082; F.A.C., or (c) the generating unit upon which the standard offer contract is based is no longer part of the utility's generation plan, as evidenced by a petition to that effect filed with the Commission or by the utility's Most recent Ten Year Sitc P1an. APPLICABLE To Renewable Energy Facilities as specified in Section 366.91, Florida Statutes producing capacity and energy front ,qualified renewable resources for sale to the Company on a fimi basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract'. Fimt Renewable Capacity and Renewable Energy are capacity and energy produced and sold by a QS pursuant to the Standard Offer Contract provisions addressing (among other .things) quantity, time and reliability of delivery. To Qualifying Facilities ("QF"), with a design capacity of 100 KW or less, as specified in FPSC Rule 2.5-17.0832(4)(9 producing capacity and energy for sale to the Company on a fine basis pursuant to the tennis and conditions of this schedule and the Company's "Standard Offer Contract", Finn Capacity and Energy are described by FPSC Rule :25-17.0832, PAC., and are capacity and energy produced and sold by a QF pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. CHARACTER OF SERVICE Purchases within the territory served by the 'Company shall be, at the option of. the Company, single or three phase, 60 ,hertz alternating current at any available standard Company Voltage. Purchases from outside the territory served' by the Company shall be three phase, 60 hertz alternating current at the voltage level available at the interchange point between the Company and the entity delivering the Firm Energy rind Capacity from the QS. LIMITATION Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.691, F.A.C., and 25-17.200 through 25-17.310 F.A.0 and are limited to those Facilities which: A. Commit to omtmence deliveries of tine capacity .and energy no later than the in-service date of the Avoided Unit, as detailed in Appendix 11, and to continue such deliveries for a period of at least 10 years up to a maximum of the life of the avoided unit; B. Are not currently under contract with the Company or with any other entity for the Facility's output for the period Specified above (Cronhnant on Sheet No. 10 0l) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 29 FLORIDA POWER & LIGHT COMPANY Attachment A Seventh Revised Sheet No. 10.301 Cancels Sixth Revised Sheet No. 10301 (Continued from Sheet No. 10.300) RATES FOR PURCHASES BY THE COMPANY' Firm Capacity and Energy are purchased at unit cost, in dollars .per .kilowatt per month and centa Per kilowatt-hour, respectively, based on the capacity required by the Company. For the :purpose of this Schedule, an Avoided Unit has been designated by the :Company, and is :detailed in Appendix 11 to this Schedule. Appendix 1 to this Schedule describes the methodology used to calculate payment schedules, applicable to the Company's Standard Offer Contract filed and approved .pursuant to Section 366.91, Florida Statutes and to FPSC Rules 25-17.082 through 25-17.091,.F.A.0 and 25-17.200 through 25- 17.310, F.A.C. et. Firm Capacity Rates Options A through 13 are available for Orient of firm capacity which is produced by a QS and delivered to the Company. Once selected, an option shall remain in effect for the tenni of the Standard Offer Contract with the Company.. A payment schedule, for the normal payment option 'aa shown below, contains the monthly rate pct kilowatt of Firm Capacity which the QS has contractually committed to deliver to the Company and is based on a contract term which extends ten (10) years beyond the in-service date of the Avoided Unit Payment schedules for other contract terms, as specified in Appendix 13, will be made available to. any QS upon request and may be calculated based upon the methodologies described in Appendix I. The currently approved parameters used to calculate the schedule of payments are found in Appendix II to this Schedule. tdiustmcnt to Capacity Payment The tum capacity rates will be adjusted to reflect the. impact that the location of the QS will have on FPL system reliability due to constraints imposed on the operation of FPI, transmission tie lines. Appendix III shows, for illustration purposes, the factors that would be used to adjust the firm capacity rate for different geographical areas_ The actual adjustment would be determined on a case-by-case basis. The amount: of such adjustment, as well as a binding contract rate for firm capacity, shall be provided to the QS within sixty days of FPI, execution of the signed Standard Offer Contract. Ontion A - Fixed Value Of Deferral Payments - Normal Canacity Payment schedules under this option arc based on the value of a single year purchase with an in-service date of the Avoided Unit, as described in .Appendix I. Once this option is selected, the current sehedule of payments shall remain fixed and in effect throughout the term of the Standard Offer Contract (Continued on Sheet No. 10:302) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 30 Attachment A +LORWkFQWER & LIGI3.1' COMPANY •Original Slicct No.103.02 (Continued from Sheet No.10.301) _Option B - Fixed Value of Deferral Payments - Early Capacity Payment schedules under this option arc based upon the early capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit provided; however, that under no circumstances may payments begin before the QS is delivering firm capacity and energy to the Company pursuant to the temrs of the Standard 'Offer Contract When -.this option is selected, the capacity payments shall be made monthly commencing no earlier than the. Capacity Delivery Date of the QS and calculated using the methodology shown on Appendix I. The QS shall select the month and year in which the deliveries of .firm capacity and energy to the Company are to commence and capacity payments are to start. fhc Company wilt provide the QS with a schedule of capacity payment rates based on the month and Year in 'Which the deliveries of firm capacity and energy are to comgicnce'and the terns of the Standard Offer Contract as specified in Appendix E. Option C - Fixed Value of Deferral - I.evelized Capacity Payment schedules"under this option are based upon the lei elized Capital cost component of the value of a year - by -year deferral of the Company's Avoided Unit. The capital. portion .of capacity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract calculated as shown on Appendix 1. The fixed operation and maintenance portion of the capacity payments shalt be equal to the value of the year - by -year deferral of fixcd'operation and maintenance expense associated with the Company's Avoided Unit. The methodology used to calculate this option is shown in Appendix "I. The Company will provide the .QS with a schedule of capacity payment rates based on. the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix C. Option D - Fixed Value of Deferriil Payment - Early Levelized Capacity Payment schedules: under this option are based upon the early leaelioed capital cost component of the value of a year -by -year deferral of the Companys Avoided Unit. The capital portion of the capacity payinents under this option shall consist of equal Monthly payments over the term of the Standard Offer Contract; calculated as shown on Appendix 1. The fi ed operation and maintenance expense shall be calculated as shown in Appendix I. At the option of the QS, payments for early levelized capacity shall cotnrnenee at any time before the anticipated in- service date of the Company's Avoided Unit as specified in Appendix F, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of font capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix 13. Option E — Flexible Payment Option Payment schedules under this option are based upon a payment stream elected by the QS consisting of the capital component of the Company's avoided unit Pa ments can commence at any time:after the acetal in -ser iccdate of the QS and before the :anticipated in-service date of the utility's avoided unit, as specified in Appendix E, priivided that the QS is delivering Finn capacity and energy to the Company pursuant to the terms Of the Standard Offer Contract. Regardless of the ,payment stream elected by the QS, the cumulative present value of capital cost payments made to the QS over the teen of the contract shall not exceed the cumulative present value of the capital coat payments which would have beckinade to the QS had such payments been made pursuant to FPSC Rule 25- 17.01332(4)(g)1, F.A.C. Fixed operation and maintenance expense shall he calculated in confcimrance with Rule 25- 17.0832(0),F.A.C. The Company will provide the QS with a schedule of capacity payment rates based on the information specified in Appendix E. (Continued on Sheet No.10.303) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22,2007 2 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 31 FLORIDA POWER Sc LIGHT COMPANY Attachment A Sixth Revised Sheet No. 10_303 Cancels Fifth Revised Sheet No. 10.303 (Continued from Shed No. 10.302) R Enerav Rates (1) Payments Associated with As -Available Energv Costs prior to the In -Service Date of the Avoided Unit. Options A or 13 are available for payment of energy which is produced by the QS and delivered to the Company prior to the in-service date of the Avoided Unit. The QS shall indicate its selection in Appendix E, Once selected; an option shall remain in effect for the term of the Standard Offer Contract with the Company. (2) Option A — Energy Payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (O/KWh), shall be based on the Company's actual hourly avoided energy costs which arc calculated by the Company in accordance with FISC Rule 25-17.0825, F.A.C. Avoided energy costs include incremental fuel, identifiable operation and maintenance expenses, and an adjustment for line losses reflecting delivery voltage. The calculation of the Company's avoided energy costs refects the delivery of energy from the region of the Company in Which the Delivery Point of the QS is located. When economy transactions take place; the incremental costs are calculated as described in FPL's Rate Schedule COG -1. The calculation of payments to the QS shall be based on the sum, over all hours of the bruin period, of the product of each hours avoided energy cost times the purchases of energy from the QS by the Company for that hour. All purchases"of energy shall be adjusted for losses from the point of metering to the Delivery Point. Option R —:Energy Payments based on the year by year projection of AS -Available enemy costs The energy rate, in cents per kilowatt-hour (s /KWh), shall be based on the Company's year by year projection of system; ineremental fuel costs, prior to hourly economy sales to other utilities, based on normal weather and fuel market conditions (annual As -Available 'Energy Cost. Projection which are calculated by the Company in accordance With FPSC Rule 25-17.0825, FAC. and with FPSC Rule 25-17.250(6) (a) F.A.C.) plus a fuel market volatility risk premium mutually agreed upon by the utility and the QS. Prior to the start of each applicable calendar year, the Company and the QS shall mutually agree on the fuel market volatility risk premiums for the following calendar year, normally no later than November 15. The Company will provide its projection of the applicable annual As -Available Energy Cost prior to the start of the calendar year, normally no later than November 15 of each applicable calendar year. In addition to the applicable As-Available'tinergy Cost projection the energy payment will include identifiable operation and maintenance expcnscs, an adjustment for line losses reflecting delivery voltage and a factor that reflects in the calculation of the Company's Avoided Energ' Costs the delivery of energy from the region of the Company in which the Delivery Point of the QS is located. The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each hour's applicable Projected Avoided Energy Cost tunes the purchases of energy from the QS by the Company for that hoar. All purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point. Payments Associated With Applicable Avoided Energy Costs after the In -Service Date of the Avoided Unit. Option C is available for payment of energy which is produced by the QS' and delivered to the Company after the in-service date of the avoided unit. In addition, Option D is available to the QS which elects to fix a portion of the firm energy payment. The QS shall indicate its selection of Option D in Appendix E, once selected, Option D shall remain in effect for the term of the Standard Offer Contract. Option C- Energy Payments based on Actual Energy Costs starting on the in-service date of the Avoided Unit, as detailed in Appendix Il The calculation of payments to thc QS for energy delivered to FPL on and after thc in-service date of the Avoided Unit shall be the sum, over all hours of the Monthly Billing Period, oldie product of (a) each hour's firm energy rate (e/KWh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during that hour. (Continued on Sheet No. 10.304) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 2 -3\ ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 32 FLORIDA. POWER & LIGHT COMPANY Attachment A Eighth Revised Sheet No. 10.304 Cancels Seventh Revised Sheet No.10.304 (Continued from SheetNo. 10.303) For any Dispatch Ilour the; firm energy rate shall he, on an hour by hour basis, the Company's Avoided Unit Energy Cost. For any. other period dining which energy is delivered by the QS to PPI., the flue energy rate in cents per kilowatt, hour (plls'Xh) shall he the following"on an hour -by -hour basis the leaser of (a) the as avnilahle energy rate calculated by FPL in accordance with Ft>SC Rule 25-17.0825, FAC, and Fn.'s Rate Schedule COG -1, as they may each be amended from time to time and (b) the Company's Avoided Unit Energy Cost The Company's Avoided Unit Energy Cost, in cents per kilowatt-hour (0/KWh) shall be defined as the product of: (a) the fuel price in SlmrnBTLJ as determined:from gas prices published in Plaits Inside FERC Gas Market Report, first of the month posting for Florida (7ae Tnanssniseinn lone' 3, plus all chargea,.surcharges and percentage.¢ that are in effect from time to time for service under Gulfstream Natural Gas System's Rate Schedule FTS; and the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will be escalated based on the actual Producer Price Index All energy purchases shall be. adjusted for losses from the point of meterirv, to the Delivery Point. 'Elie calculation of the Company's avoided energy cost reflects the delivery of energy from the geographical area of the Company in which the Delivery Point of the QS is located. Option D- Fixed Firm Enerev Payments Starling a's early as the In -Service Date of the OS Facility The calculation of payments to the QS for energy delivered to PPI, may include an adjustment at the election of the QS in order toimplement the provisions of Rule 25-17.250 (6) (b) F.A.C. Subsequent to the determination of full avoided cost and subject to the provisions of Rule 25-17.0832(3) (a) through (d), F,A.C., a portion of the base energy costs associated with thoavoided unit, mutually agreed upon by the utility and renewable energy generator, shall be fixed and amortized on a:prescntvalue basis over the tens of the contract starting, at the election of the QS, asi early as the in-service date oldie QS-. `Base energy costs associated with the avoided unit* means the energy costs of the avoided unit to the extent the unit would have'operated. The portion of the base energy costs mutually agreed tt) by the Company and the QS Shall he specified in Appendix B. The Company. will provide the QS with a schedule of "Fixed Energy Payments" over the term of the Standard Offer Contract based on the applicable information specified irtAppendix'E. ESTIMATED AS -AVAILABLE ENERGY COST As required in Section 25-17.0832, F:A.C. as -available energy cost. projections until the in-service date of the avoided unit will be provided within 30 days of receipt by FPL of a written request for such projections by any interested person. ESTIMATED UNIT FUEL COST As required in Section 25-17.0832, F.A.C. the estimated unit fuel costs associated: with the Company's Avoided Unit and based on current estimates of the price of natural gas will be provided within 30 days of a written request for such an estimate. (Continued on Sheet No. 10.305) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 33 ;FLORIDA POWER & LIGHT COMPANY Attachment A Sixth Revised Sheet No.10.305 Cancels Fifth Revised Sheet No.10.305 (Continued from Sheet No, 10.304) DELIVERY VOLTAGE ADJUSTMFNT Energy payments to a QS ..within the Coinpariy's service territory shall be .adjusted according to the delivery voltage by the multipliers provided in Appendix 11. PERFORMANCE CRITERIA Payments for Firm Capacity are conditioned on the QS's ability to maintain the following performance criteria:: A. Capacity Delivery Date The Capacity Delivery Date shall be no later than the projected in=service date of the Company's Avoided Unit, as detailed in Appendix 11. I3 Availability and Capacity Factor The Facility`s availability and capacity factor arc used in the determination of firm capacity payments through a performance based calculation as detailed in Appendix i3 to the Company's Standard Offer Contract METERING REOUIRFMF.NTS A QS within the territory served by the Company shall be required to purchase from the Company hotaly recording meters to measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Company shall be measured as the quantities scheduled for interchange to the Company by the entity delivering Finn Capacity and Renewable Energy to the Company. For the purpose of this Schedule, the on -peak hours shall be those hours occurring April 1 through October 31 Mondays through Fridays, from 12 noon to 9:00 pm. excluding Memorial Day, Independence Day and Labor Day; and November 1 through March 31 Mondays through Fridays from. 6:00 a.m. to 10:00 a.m. and 6:00 p.m.. to 10;00 p.m. prevailing Eastern time excluding Thanksgiving Day, Christmas Day, and New Years Day.. FPL shall have the right to charge such On -Peak flours by providing the QS a minimum of thirty calendar days' advance tvriu0n notice. BILLING OPTIONS A QS, upon entering into a Standard Offer Contract for the sale of firm capacity.and energy or prior to delivery of as -available energy, may elect -to make either simultaneous purchases from and sales to the-Contpany; or net sales to the Company; provided, however, that no such arrangement shall cause the QS to sell more than the Facility's net output. A decision on billing methods may only be changed: 1) when a QS selling as -available energy enters into a Standard Offer Contract for the sale of firm capacity and energy; 2) when a' Standard Offer Contract expires or :is lawfully tenninated by either the QS or the Company; 3) when the QS is selling as available energy and has not changed billing methods within the last twelve months: 4) when the election to change billing methods will not contraVerie this Tariff or the contract between the QS and the Company. If a QS elects 19 change killing methods, such changes shall be subject to the foIIowing: 1) upon et least thirty days advance written notice to the Company; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing and upon payment by the QS for such metering equipment and its installation;• and 3) upon completion and approval by the Company of any alteration(s) to the interconnection reasonably required to effect the change in billing and upon paymentby the -QS for such alteration(s). Payments due a QS will be made inortthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the QS and the applicable avoided energy mtes at which payments are being matte shall accompany -the payment to the QS. A statement covering the charges and payments due the QS is rendered monthly, and payment normally is made bythe twentieth business day following the end of the billing period. (Continued on Sheet No. 10.306) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 >3 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 34 Attachment A Seventh Revised Sheet No. 10.306 FLORIDA POWER.& LIGHT COMPANY Cancels Sixth Revised Sheet No. 10..306 (Continued from Shirt No.10,305) CHARGES TO ENERGY FACILITY The QS shall be responsible for' all applicable charges as currently approved or as they may he approved by the Florida Public Service Commission, including, but not limited to: A. CustomcrCharges: monthly customer charges for meter reading, billing and other applicable administrative costs ?miff applicable qu.stomer hate Schedule. R interconnection Charge for Non -Variable Utility Expenses The QS shall hear the cost required'for:interconnection, including the metering. The QS shall have the option of(i) payment in full forthe 'interconnection costs •including the time value of money during the construction of the interconnection facilities and providing a Bond, Letter of Credit or comparable assurance of payment acceptable tothe Company adequatcto cover the interconnection cost estimates, (ii) payment of monthly invoices front the Company for actual costs progressively incurred by the Company in, installingthe interconnection facilities, or (iii) upon a. showing of credit worthiness, making equal monthly instillment payments over a period no longer than thirty-six (36) months toward. the full cost of interconnection. In the latter case, the Company shall assess interest at the rale then prevailing for' thirty(30) day highest glade conitnercial paper, such rate to be specified by the Company thirty (30) days Pries -to the date .of each installment payment by the QS. C. Interconnection Charge for Variable Utility Expenses The. QS'shall be pilled monthly -for the variable utility expenses associated with the. operation and maintenance of the interconnection facilities. These include (a) the Company's inspections of the interconnection facilities:and (b) maintenance Of any equipment beyond that which would he required to provide ncirnial electric service tin the, QS if nn sales to the Company were involved. In lieu of payment for actual charges, the QS may pay a monthly charge equal to a percentage of the installed cost :of the interconnection facilities as provided in Appendixll. D. Tasca and Assessments In the event that FPL becomes liable for additional taxes, including interest and/or: penalties arising from an internal Revenue Senvice's determination, through audit, riling or other authority, that FPL's payments to the QS.for capacity under options B, C, D, E or for_ energy pursuant to the Fiecd Firm Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may bill the QS monthly for the costs, including carrying charges, interest and/or penales, associated with the fact that alt or a portion of these capacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may offset these costs against amounts due the QS heretmder. These costs would he calculated so as, to place FPI.. in the sante economic position iii which it would have been if the entire early,levelized or early levclized capacity payments or the Fixed Firm Encrgy Payment had been deductible in the period in which the payments Were made. It FT'L decides to appeal the Internal Revenue Service's determination, the decision.es to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPi... (Continued on Shoot No. 10.307) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 35 FLORIDA POWF.R & LIGHT COMPANY Attachment A Original Sheet No. 10.307 r TERMS OF SERVICE (t) (2) (3) (Continued from Street No. 10.306) It shall be thc QS's responsibility to inform the Company of any change in its electric generation capability. Any electric service delivered by the Company to a QS located in the Company's service area shall be subject to the following terms and conditions: (a) (b) A QS shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. A security deposit will be required in accordance With FPSC Rules 25-17.082(5) and 25-6.097, F.A:C., and the 'following: (i) In the first year of operation, the security deposit should be based upon the singular month in which thc QS's projected purchases from the Company exceed, by the,grcatest amount, the Company's estimated purchases from the QS. The security deposit should be equal to twice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the QS and the Company will be conducted to determine thc actual month of maximum difference. The security deposit should he adjusted to equal twice the greatest amount by which the 'actual monthly purchases by the QS exceed the actual sales to the Company in that month. (c) The Company shall specify the point of interconnection and voltage level. (d) The QS must enter into an interconnection agreement .with the Company Which will, among other thugs, specify safety and reliability standards for the interconnection to the Coritpany's system. In most instances, the Company's filed Interconnection Agreement for Qualifying Facilities will be used; however, special features of the QS or its interconnection to the Company's facilities may require modifications to this Interconnection Agreement or the safety and reliability standards contained therein. Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public Service Commission. SPECIAL PROVISIONS (1) Special contracts deviating from the above standard rate schedule are allowable provided the Company agrees to them and they are approved by the Florida Public Service Commission. Issued by: S. E. Romig, Director; Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 36 ;TI.ORmA PowER & i1GUT COMPANY Attachment A Original Sitcet No.,:10308 APPENDIX TO RATE SCHEDULE Q$-2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY Appendix I provides a detailed description of the methodology used by the Company tocalciilate themontbly valuesof deferring or avoiding lite Company's Avoided Unit identified inScheduleQS-2. \Nhen,iised in conjunction With the ciirtent FPSC-approved cost;partunetets associated with the Company's Avoided Unit contained iii Appendix 1i, a QS may determine theapplicable value of deferral capacity payment rate associated milli the timing and operation of it particular facility should the QS enter into a Standard Offer Contract with the Company. CALCULATION OFV �.LIiE,. OF. DEFERRAi, OPTION A FPSC Rile 25-17.002(5) specifies that avoided capacity costs, in dollars:perd.ilotpatt per month, associated with capacity Sold to a utility by a QS pursuant to the Company's Standard Oiler Contract shall be defined as die year -by -year value ofdefensil of the Corriont''s Avoided Unit. 'lite year -by - year value of deferral shall be the differemoe in revenue requirements associated with defemng the Congmiy's Avoided Unit, one year, Mal Biedl be calculated as follows: Where, for a one year deferral; VAC„ utility's monthly value of avoided capacityand ire dollars purr kilowatt per Months, for eadli month of yi ar n present value of dairying charges for olio dollar of investment o■cr 'L ycars with canying charges computed tieing average annual rale base and assumed to be paid at the middle of each year and present valued to the middle of the fust year, R CI+ip)r(1+r) i, total .ciirect.and indirect cosi, in tmd-}'ear dollars per kilowatt including AFIJDC inns excluding t WIP, of the Canipany's Avoided LJnit tiitli an in-service date of year including all identifiable and quantifiable .costs relating to the ametr fiction of the Company's Avoided Unit which wild have been 'mid haul tie Unit been constructed; O� total fired operation and maintenance_ expense for the year n, in mid year dollars per kilowatt per year,' oft e Company's Avoided Unit; annual escalation rate associated w, itn the plant ccr±t of rho Company's Avoided Unit(s); annual escalation rate associated with the operation :rid maintenance expense of the Company's Avoided Unit(n) r -t animal discinmi rate, defined ns tJhe utility's him -emeriti! after -tut cast of capital; L= expected life ofthe Company's Avoided Unit(s); and 0 year for which the Company's Avoided Unit(s) is (are) deferred skirting with its (their) original anticipated in-service date(s) and ending with the termination of the Comgmmy's Standard Offer Contract (Continued on Sheet No. 10.309) issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 37 FLORIDA POWER & I IGIIT COMPANY Attachment A Original Sheet No. 10309 (Continued from Sheet No. 10.308) CALCULATION OF FIXED VALUE. OF DEFERRAI. PAYMENTS — FARI.Y CAPACITY -OPTION R Nornuaiy, payments for firm capacity shall not commence until the in-service date of the Company's Avoided Unit(s). At the option ofthe QS, however, the Company may begin malting payments for cady capacity consisting of the capital cost component of the value of.a year -by -year defenai of the Comparty+s Avoided Unit starting as catty as the in-scnicc date of the QS facility. When such payments for catty capacity are elected, the avoided capital cost component of capacity payments stall be paid monthly commencing no earlier than the Capacity Delivery pate ofthe QS, and shall be calculated as fo11 Rw Where: (1 + ip I" (1 + lo bra•)) A m -A,12 +Ao 12 for m=ltot When: - ip monthly payments to be made to the QS for each month of the contract year n, in dollars per lilowati per month in which QS delivers capacity pursuant to the early capacity option; annual escalation rate associated with the plant cost of the Company's Avoided Unit((), annual escalation rate associated with the operation and maintenance expense oldie Company's Avoided Unit(s), year for which the fixed value of deferral payments under the early rapacity option arc made to a QS, starting in year one and ending in the year t; t — the tern, in yeas, of the Standard Offer Contract A, = F I(l-R).r(1 -R')1 F the cumulative present value, in the year that the contractual payments will begin, of the avoided capital east component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date ofthe Company's Avoided Units) R — (I+ip)/(1+r) r annual discount rue, defined as the Cominny's incremental rifer -tat, ccert of capital; and Where: e = t3 C (1 — R) t(1 — R `)1 0 e • 111e -cumulative present value,•at the year that the contractual payments Will begin, Of Ute avoided fixed operation and maintenance expanse eiomponcnt of capacity payments which would have 'been made had capacity payment commenced with the anticipated in-service date of the Omparty'n Avoided Unit(s). R (1+io)!(1+r) The cturatdy approved oaninieters applicable to'the formulas above are found in Appendix 11. (Continued on Sheet No. 10.310) Issued by: S. E. Romig, Director, Rates and Tariff's Effective: May 22,2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 38 Attachment A LORID.A. POVER & I igtrr COMPANY Original Shcet No.10310 (Continual from Sheet No. 10.309) CALCULATION'OF FIXED VALUE OF DEFERRAL PAYMENTS-LEVVELTLED AND EARLY LEVELLED CAPACITY — OPTION C &OPTION D,12ESPECT1VE1Y Itioitthly Geed value of deferral payuteitts for Ievelized and early lavelizzcl capacity shall be v lculeted as folldas: LVhero. r. Ft — 12 x 1-(1 +1. )4 0 the monthly:leveliied capacity payment, stating on or prior to the•in- service date of the Connp'airy's Avoided Unit(s); • the cumulative present value, in the year that the contractual payments Will begin, of the avoided capital cost corunoitntt of the capacity payments which would have been made had the capacity payments not beeiileveiied; r • the annual discount rate, defined as the Company's incremental after-tfx cost ofcapital; t • the temi, in years, oftire Standaard Offer Contract 0 = the monthly fixed operation and maintenance component of the capacity payment;; calculated in accordance with calculation of the fixed value of deferral payments for the Ievelized capacity or the early Ievelized Capacity options. Issued by: S. F. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 39 .FLORIDA POWER tit LIGHT COA1PANY Attachment A Fi ui 1tpntb-'Fifteenth Revised Sheet No. 103t 1 Cancels hirieenti4ouiteentb Revised Sheet No. 10.311 APPWDTX n TO RATE SCHEDULE QS -2 4046.2030 AVOIDED UNIT INFORMATION The Company's Avtitded Untt has been deterinined to he'a 47N851991111W Combined Cycle Untt with an In.serice date of June,I, 4046 2030 and a contract heat rate of t9005.996 6tdkWh. EXAMPLE STANDARD OFFER CONTRACT AVOIDED CAPACITY PAYMENTS FORA CONTRACT TERM OF TEN YEARS FROM THE IN-SERVICE DATE OF THE AVOIDED UNIT (S/KW/MONTli) Option A .Option 13 Option C Option D ContractYear 'NormalCapacity Early Capacity Lcve1irrdCapacity Early Leve1ized(apacliy Payment Payment Payment Payment 2022 $ - S , 4.--4.16 $ S S 2.62. 2023 $ - 1.__-_-_. S 3.24 $ F £ 2.62 2024 $ $ b 332 $ - $ $ 3:42 2025 $ - $ - £ ?.40 $ - $ £ 3.62 2026 - S-446 S3.29 S 2.49 $ $ 4.01 S-.3.69 £ 3.63 2027 5 4 5,59 `$3.36 $ ' 2.58 $_ $ 6.01 2' 3.69 $ 3.62 2028 $ - 4 ' S73 $3.42 6 '2.67 S S 4,0I. $------3,69 4 7,63 2029 L$ 5.87 $3.49 S '.Y $ 4 6.01 6.=1.69 $ , 3.62 2030 .$5.445--6.02 51.56 F 3.e5 .$5.965--6.01. $ 3.695 362 2031 . $5.55 S 6.17 53.63 b- 4 S, 5;96 S AI. $-3.693---X.41 2032 $5.675- 6-4 53.71 $ t0s 55.965 6.01 $-3,69$ 3.63 2033 $5,79$ 6:18 53.78 S 4.15 55.965 6.01 $ 3.695' 3.42. 2034 $5_915 6.64 83.86 $ 1:25 -Ss`S---6.01 $ 3.69.5--- .62 2035 56.03 S 6.81 .$3,93 S 134 55.96 S : 6.01 $-3.69-55---3.67. 2036 1¢.,11.5 6.'28 84.014-444 $596 S 6.01.'1„,_--=2- 2-5--X01 2037 $6.29. $4.02 .$5.96 $ 3 3.69 iO3R 56.42 .54.17 '$596 $-3.69 -2039 56.56 $4.26 $596 $3.69 2040 $6.69 .$4.34 $5:96 $ 3.69 ESTIMATED AS -AVAILABLE ENERGY COST For Informational purposes, the most recent esttnnted Increnientnl avoided energy costs for the next ten,years av1i1 he provided within thirty (30) days of written request. ESTIMATED UNIT FUEL COSTS (SAIMBiu): The most recent estimated unft fuel costs for the Company's avoided unit aci11 be provided within thirty (30) day s of urittcn:request. • Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: :Tape -1 20 i9 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 40 FLORIDA POWER & Litlir COMPANY Attachment A ..e•veoth-Eiglith Revised Sheet No. 10.311.1 Cancels Revised Sheet No. 10311.1 • W.f. =AVOIDED UNIT MEI/ yAlitI: OF 1DEFERRAL.PAYMENTS NORMAL, CAPACITY OPTION! PARAMETERS Where, rot a Orte-:year deferral: vmod yAc6, = Conniany's value of aVOidedeapacigand tict kilowatt pciftriOnth, during fironittin, ip• - to .11 • Am Ip n .F • iesent value of carrying cherries for One dollar of investment Over L years with carrying Changes compiled Using average oprguif rate baso and diiin6c1 to be paid at theMiddle of each year and present valued 10 the naddle of the first year; total &reef Mid indirect Cost., in mid -year dollars per Liloivatt ineltiding ARIDChut excluding.CWIP, of the Company's Avoided Unit with on in-service date of year "if% .P441 119t S4'5,4.05.92 „_. total fixed operation and maintenance expense,.. for the year n, in mid -year dollars *i- Idlowatt *year, of the Conipanyes Avoided Unit; 111.1212..49 antinalesealation tate associated with the plant cost et the CornpanY's .Avoided Unit .. annual escalation rate associated with the operation Mat maintenance expense of tk Company's Avoided Unit 2,50yo '",',?•.1.52% .,•• annual diSCOunt rate, defined is the Coinpany's increinental after-tax oost of capital; . expeacd life of the Company's Avoided Unit; 40 — yar for which the Company's Molded Unit is deterred staffing withits original anticipated imsenice date and eliding with the terininnion of the Standard Offer Contract. 2 016 260 FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY OPTION PARAMETERS inonlhI9 &dpecit aniegttobeniade to the QS starting irt the Year the QS. ele.Os kisttreiveai1ycapaci1y paynients, in dollarspet kilowatt per ntenth', animal escalation rate associated With•the plant cast of the COmpany's Atka dad llni t; animal 6ealatiort rate:OsSpeiatecl atilt the operation and maintenance expense of the Company's Avoided Unit; 2..50% • year for which Carly capacily paymutL los QS arctO begin; (al the election 'of the QS early capacity payments May Commence anytime after, the actual in-service dale of tIi QS facility and before the anticipated in-service date of the Company's avoided unit) the cumtdative present valne of the fivoided capital cost component. of capacity payments which wotild hale ken made had capacity payments commensal with the anticinated in -Service date ofthe Conipany"S Avoided .Unit and continued fora peri9d9t 10 year :$4f.gl444Sii.1 annual discount rate,. defined as the Comptuty'S incremental after -Mx cost of capital; the term, in yearS orate Standard Offer Contract for the ptirchar,e of firm capacity Conanencing in the'yeat- tji6 QS elects to start receiving early capacity payments prior to the in-service date of the Company's Avoided Unit; • the otaniitauiv. preschfVelne of the avoided fixed 'Operation and expense component of Capacity payments Mich would have been made had capacity payments commenced with the anticipated in-service date of tbe Connxiny's Avoided Unit and continued fora period.of 10 yew's. *From Appendix E Issued by: Tiffany Cabe!), Director, Rates and Tariffs Effeetbre: June -1-1346-9 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 41 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 10311.2 Cancels Original Sheet No. 10.311.2 RESERVED FOR FUTURE USE Issued byi Tiffany Cohen, Director, Rates and Tariffs Effective June 11,2019 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 42 FLORIDAPOW & LIGHT COMPANY Attachment A First Revised Sheet No. 10.3113 Cancels Original Sheet No.10.3113 RESERVED FOR FUTURE USE Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 11, 2019 2 `4Z ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 43 FLORIDA POWER.@:LIGUT COMPANY Attachment A Se,460 Eigtiih"Revised'Sheet'No. 10312 Cancels Se%•enth8*thReeised.Sheet-No 10312 VALITF QF' CAPACITY LOCATION FOR IL LOSTRAT1VF PURPOSES O1VI.Y Issued by Tit1any Cohen, I>ireetor,Rates and Tariffs Effective '.,o...ne-'�19 a3 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 44 kTiORIQAROWER&.L.TG T..C(MANY Attachment A Second Revised Sheet No..16.313 Cancels.Tirst ReViscd Sheet Ng...10.313 APPENDIX B TO THE STANDARD OFFER. CONTRACT FOR THE PURCHASE OF FIRM CAPACFI AND ENERGY FROM RENEWABLE FNI.RCY.FACILITIES .OR QUALIFYING FACILITIES WITIiA DESIGN CAPACITY OF 100 Kw OR LESS PAY FOR PERFORMANCIi PROVISIONS MONTHLY CAPACITY PAVNIENT CALCULATION 1. Monthly Capacity Payments (MCP) for each Monthly Billing Period shall be oiaiupiaed aceoiding to"the falldiwiing: A. In the event that the Annual Capacity Billing Factor ("ACBF"), as defined below, is less than 80%, then no Monthly Capacity Payment shall be due. Thetis:: MCI*=0 B. In* event that the ACBP:is equal to or greater that 80%.bu(Icss than 9414, then the Monthly Capacity Payment shall be calculated by using the followingfoninda: ACCP "' DCP x [14.4x (ACDF• — 94%)] x C.C. C. In die event that the ACBE is egtml to C4 greater than 94%, then the Tenthly CapaoityPay hent stall bo calculated by using the following formula: MCP' DCv x CC Where: MCP s DlonthlyCapacity P icntindollars.. BCP Base Capacity Payment in $%K\V/Month as,spccificd inFPL's Rate Schedule QS -2. ce C tittcd Capacity in KW. ACBF Annual Capacity Billing Factor. This factor is calealafed lasing the 12 months rolling average of the Monthly (', apacily Factor. 11ris 12 month rolling average *tall be defined as the sum of the 12 consecutive Monthly C ipacity Factors lireeediig the date of calculation, divided by 12. ()ming the first 12 ez nseenhve Monthly Billing Periods; cinlmeicing with the first Monthly Billing Period in which Capacity payments are to be made, the, calculation of the Antal Capacity Billing Factor shall be perfoniled as follows: (a) daring the first Monthly Billing Period, the Annual Capacity Billing Factor shall be equal to the Monthly Capacity Factor, (h) thereafter, the calculation of the Annual Capacity l3illirg Factor shall be computed by ch iding the slim of the MonOJyCapacity Factors During Oe first yeids Monthly Billing Periods in wltich.Capacity payments are to be tirade by the number of Monthly Billing Periods which have elapsed. This calculation shall be performed at the end of each Monthly Billing Period until enough Monthly Billing Periods have elapsed 10 calculate a true 12 -ninth rolling average Amuud Cti adty Rifling Factor. Periods during t 1uch the Facility has temporarily set its Committed (rapacity equal to 0 KW due to a Voice Mejcwo event pursuant to $extion 16 shall be excluded from tic applicable capacity factor calculation. MCF = Monthly. Capacity Factor. The sura of (i) the Nobly Factors of the non -Dispatch flours plus (ii) the Hourly Factors of die Dispatch Home or the Hourly facture of the hours when FPL requested reduced deliveries pursuant to Sections 8.4,6 and 8.4.3 (Reduced Delivery hour); divided by the number of hours in the Monthly Billing Period. 11[ NDIi = Hourly Factorofa Non -D spatch (lour. 'The energy received during the hour divided by'the Committed Capacity. For pangosls of calculating the Handy Factor ofa Non -Dispatch Hour the energy received shall not exceed the Committed Capacity. HFDH = Hourly Factor of a Dispatch Hour or a Reduced Delivery Hour. The scheduled energy received divided by the scheduled energy requested. For purposes of calculating the hourly Factor ofa Dispatch Hour or the llotrly Factor ofa Reduced Delivery hour the scheduled energy received shall not exrev4 the scheduled energy requested. TAI -Peal: Boars Those hours occurring April 1 through October 31 Mondays ihrolgh Fridays, from 12 noon to 9:00 p.m. excluding Memorial Day, independence Day and Tabor Day; and November 1 through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 pout. prevailing Eastern time exdttding Thanksgiving Day, Chiietmas Day and New Year's Day. FPL shall have the right to change suds On- Peak Hours by providing the QS a minimumofthirty calendar days' advance notice. Monthly Billing = The period beginning on the first calendar day of each calendar mon*, except that tho initial Monthly Billing Period Period hall consist of the pened beginning 12:01 a.m. on the Capacity DelbVery Period Dale and ending with Ule.lasteale alar day ofauch month. Scheduled Energy and Dispatch Hours are as defined in Section 8.4.7 of One Standard Otter Contract. Issued by; S. E. Romig; Director, Rates and Tariffs Effective: August 27,201S ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 45 FLORIDA POWVF.R & LiG& COMPANY Attachment A First Revised Sheet No, 10.314 Cancels Original Sheet N0.10.114 .APPENDncC . TO T[IESTANDARDOFFERCONTRACT 'TERMINATION FEE 'The Ten iination Fcc shell be the sum ofthe vahics for cacti month beginning with the month in which the Capacity Del-ht./pate docurs ihrottgliihc month of termination (or month of calnd:44in, as the case ipay be), computed ncco thea tc the follmVing formu1re Termination Fee a Term inot lon Fee applicable to Capacity Paymtent Option plus Term 'nation Fee applicable to Filed Firm 'Energy Option Terminntion'Fee quniliablc to Couacity Ratmictft On Rens' B.CAsndg n (MCP, MCPC)xh i hl with MCPQ = 0 for all periods prior to the in-service date of the Company's Avoided Unit, where: i = number of the Monthly Billing Period commencing nith the Cmpadly Delivery Date (i.e., the month in which Capacity Delivery, Date occurs = I; the month following -the month in which Capacity Delivery Date occult 2; etc.) it = the rauriber of Monthly Billing Periods Which have elapsed from the month in which the Capacity Ddivcry Date occnro through the month ofknit ination (or month ofcalculation, as the case may be) t = the future value of an amount factor necesnuy, to compound a sum monthly so the annual pereentage rate derived will equal FPI: a incremental after-tax avoided cost of capital (defined as r in QS -2). For any Monthly Billing Period in which MCPC.is greater than MCP,,t shall equal 1. .MCP, = Monthly Capacity Payment paid to QS conespoitding to the Monthly Billing Period i, calculated in accordance nith Appendix B. MCPG = Monlldy Cap>'aaty Paynrent for OptiOn A corresponding to the MonthlyBillitig period 1, cilcitlated in nccrrdanenwirlr QS -2 In the event that for any Monthly' Billing period; the computation of the value of the Capacity Payment Timlutation fecfor sunt Monthly Billing Period (es set forth above) yields a talue equal to or greater than zem, the amount of the Capacity pnymient TemiinationFee shall be increased by the • mnouit ofsnch tante: In the eVent that for any Monthly Aillinq Period, the computation pf the valve of the Capaat)m Payeiit Termination Fee.' for ntch Monthly BOGng Period (as set faiths above) yields a value less thane zero,' the antcalirtt of the C.ipatitY Payment Teimuration`Fee Shall be decreased by the amount of •such vahe.expreas<ed oa a paritive number (the"Initial Reduction Value") provided, ho,vever,-that eiie'h Initial Fleduction Vain shell be subject to the following adjnslmerns (the -Initial Reduction Value,es adjusted,the" Reduetiori}satuo �: ' a• In the eeortt that in the applicable Monthly Billiag'Period the Annual CapaeityBilling Factor (ACBF), es defined in Appendix.B in Jere .thanS0% Olen The Initial Reduction'Value shall be adjusted to egtud aero (Reduction Value=0), and Uro Capacity Payment Termination Fee shall net 'be reduced int the appbcnbte MonthilyAilling Period b: In the event that in the applicable il4oiithlp Billing"Period the Mental Capacity Billing;Fectca.(ACBF), as defined in Appendix B,;in oganl to or greater than 8066 but Iola than -9;9. 4%,thcnthe Reduction Wine $4.11 be •deteridincd as'fotlovva: Reditetion Vsiaealrtitial Wittier' Value x[0.04 x(ACBF . •F4%)) Fot the epplicsble Monthly Billing Period, the Termination Fcc shall be reduced by thc mmotmt of such Reduction Valeo, In. no event shrill FPi, be liable to the QS et any time for. any amount by ninth the Capacity Payment Termination' Fee adjusted in accordance with tlie.`foregoing, is less than mm(0). Ternrinnthfn Feetiiitilicahte to the Fixed Firm F.nernv PavmentOotion'D Prior2ain-sctticcdatc ofavoidcdunit. !Bic Teniunation Fcc for the Fixed Finn Energy Option be equal to the cuihulative amen of the nixed Finn Energy Paynieiita made to the QS puranant to Option D, starting With the in-aeivice date of the QS facility, for each haling cycle. Snclr number shah reach the ma imam amount on the billing cycle immediately preceding Ole billing cycle associated enol the in-service date ofthe Avoided Unit. /Mei in-nenicedate of nvoidedemit: • The Termination Fee ahatl be dectensed enob Dimino cycle fallowing Olein -cervico date of the'dvoided Unit by an amount equal to the. difference between the piojedcd fixed Energy Cost that was Used in the calx lation to detennirie the base energy coat to be fixed and amortized purstnait to OplionD ser'Meh milling cycle and the amortized Fixed Ficin Fsnesgy Payment in cents0:W ll times the energy •dela ercil by the QS not to exceed the M WH'block specified rh Appendix 1 . !suet] b) il,-84 'iter ' TiITOrty' Colivni Director, Rates -and Tariffs EffectitietA v is2C0;r. 2 =A 5 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 46 Attachment A FLORIDA POWER & LIGITr COMPANY Original Sheet No. .10315 APPENDLX D TO THE STANDARD OFFER CONTRACT DETAILED PROJECT INFORMATION Each eligible Contract received by FPI, will be evaluated to determine if the underlying QS project is financially and technically Liable. The QS shall, to the e;<ienravailahle, provide FPI, with a dctailad project proposal which addresses the information requested below. I. FACILITY D'CSCRIMION • PrgjectName • Project Location $ Street Address • Site PlotPlan • Legal Description of Site • Generating 1'ecimology • Facility Classification (include types .fron1statute) • Primary Fuel • Alternate .Fuel (if applicable) • Committed Capacity • :Fxpectedln-Scrvici: Date • Stcsm Host (forcngeneration facilities) a Street Address • Legal Description of Steen) Host + Host's annual steam requirements (lbsfyr) • Contact Person a Individual's Naine and Title ♦ Company Warne • Address • Telephone NuMber • `TeleeopyNurnber II. PROJECT PARTICIPANTS • Indicate the entities responsible for the following project management activities and provide a detailed description of the e\perieriee and capabilities of the entities: + Project Development. • Siting and Licensing the Facility ♦ Designing the Facility ♦ Constructing the Facaity • Securing the Fuel Supply • Operating the Facility • Provide details on all electrical generation facilities which are currently under construction or operatiowl which were developed by the QS. • l)eSciil a the financing stnrctu re for the projects identified above, including the type of financing ttsed, the pe❑nanent financing tern; the,najor lenders, and the percentage of equity invested at financial closing. (Cdntirttied on Sheet No. 10.30) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 2 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 47 FLORIDA POWER & LTGUIT COMPANY Attachment A Original Sheet No. 10.316 (Continued from Sheet No. 10.315) Ill. FUEL SUPPLY • Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physical and chemical characteristics of each fuel type (e.g., Btu content, stair content, ash content, ctc). Identify special considerations regarding fuel supply origin, source and handling, storage and processing requirements. • Protide annual fuel requirements (AFR) ncccssary,to support the requirements pursuant to Section 366.91, Florida Statutes, and the planned levels of generation and list the asstiinptions used to detemtine these quantities. • Provide a summary of the status of the fuel supply arrangements in place to meet the ARFR in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFR. Category Description of Fuel Supply Arrangement fuel is from a fully developed owned = source owned by one or more of the project participants contract r. fully executed frnn fuel contract exists between the developer(s) and fuel supplier(s) I;ql = a letter of intent for the Mel supply exists between developer(s) and fuel supplier(s) REF = renewable energy facility will burn biomass, waste, or another renewable resource spot = filet supply will be purchased an the spot market none = no firm fuel supply arrangement currently in place other = fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or LOI, provide documentation to support this category and explain the fuel price mechanism of the arrangement. 1n addition, indicate whether or not the fuel price includes delivery end, if so, to what location. • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey, from fuel source to the Energy Facility site. Discuss the current status and pertinent factors impacting future availability of tot transportation network. • Provide annual •fuel transportation requirements (ATTR) necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel transportation arrangements in place 10 meet the AVER in each year of the proposed operating life of the Energy Facility: Use the categories below to describe the current arrangement for securing the AFTR. owned = contract IAA = Spot = none = other = fitel transport via a fully developed system owned by one or more of the project participants fully executed firm transportation contract exists betweeni the developer(s) and fuel trtutsporter(s) a lcttcr of intent for flet transport exists between developer(s) and fuel transporter(s) fuel transportation will be purchased on the spot market no firm fuel tratspuirtation arrangement cuarauly in place fuel transportation arrangement which does not 6t any of the above categories (please describe) • indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposal operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or L01, provide documentation to support this category and explain the transportation price mechanism of the arrangement. • Provide the maximtan,rninimum,and average fuel inventory levels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining the inventory levels. (Continued on Sheet No. 10.317) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May22,2007 2A-1 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 48 Attachment A ;FLORIAAP »VER & LIGI;Tf. COMPANY Original Sltect.lho.10317 (Continued from Sheet No. 10.316) IV. PLANT DLSPATCI1ABIL1TY/CONTROLLABILITY •. Provide the following.oparating characteristics and a detailed explanation supporting: the performance capabilities indicated. t .Ramp Rate (MWhninute) } Peak Capability (% above (,,,onmitittcd,Capacity) • Minitmrni power level (% of Cotntnittcd Capacity) • Facility'I'umarotmd Tinto, Hot. to Hot (hours) + Start=up Time from Cold Shutdown (haus) ♦ Unit Cycling (4 cycles/yr) • .: 4W and M VAR Control (AGC, Manual; Other (please explain)) V. SITING AND LICENSING • Provide alicensin;/pernultinatmilestone schedule which lists alt penile; licenses and variances required to -site the Faculty. The tnileatotic schedule Shall also identifytceymilcstone dates for baseline monitoring, application preparation, agency reVievv, ccitiGeation and licennrn,/sitirig hoard approoal, arid agency pcmiit isSuanee. • Provide i licensing/permitting plan that nddrrs,-ie, the issues of air emission, water use, wastewater discharge, wetlands, endangered species, protected properties, solid waste, surrounding land use, zoning for the Facility, associated lined facilities, and support of ancl. opposition to the Facility: • List the. emission/effluent discharge lints. the Facility will meet, and describe in detail the pollution control equipment to :be. used to meet thesclimits. VI. FACILITY DEVELOPMENT AND PERFORMANCE • Subinit a detailed engineering, procurement, construction, startup and commercial operation schedule. The schedtde shall include milestones for bile acquisition, engineering phases, selection of the major equipment vendors, architect engineer, EPC contractor, anal Facility operator, steam host integration, told delivery of major equipment. A discussion of the current status of each milestone should also be included where applicable. • Attach a diagr ilii of the power block. arratigenient. Provide a list of the major equipment vendors 'and the name and model number of the major equipmrtent to be instilled. • Provide a detailed description of the proposed environmental control technology for the Facility and describe the capabilities Of the proposed technology. • Attach preliminary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. • State the expected heat rate (HHV) at 75 degrees Fahrenheit for loads of 100%, 75%, and 50%. In addition, attach a preliminary heat balance for the Facility. • [NOTE: add any requirements related to denioiutrating that the facility meets the requirernents under the statute or applicable. Mks) (Continued ori Rhea "No. 10.318) Issued by S. E.Rontig, blrectar, Rates and Tariffs Effective: May22,2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 50 FLORIDA POWER & i;IGiJT COMPANY Attachment A Original Sheet No. 10.319 Term of Contract Execution date Termination date APPENDIX E TO THE STANDARD OFFER CONTRACT CONTRACT OPTIONS TO BE SELECTED BY QS yirm Caoacitv Rates Conimenceinent date for deliveries of Finn Energy and Capacity Capacity Payment Option Selected (from available Options A through E) If Option E is selected proposed payment stream: Schedule of Capacity Payments to be provided by the Company based on applicable parameters follows: Year $IKW/Month Encrev Rates Energy :payment Options selected applicable to energy produced by the QS and delivered to the Company (from available Option A orl3 and 1)) Select from Option A or B And Select D lf.Option D is selected by the QS; the Company and the QS mutually.agrcx on fixing and amortizing the following portion of the Base Energy Costs associated with the Avoided Unit % which yields„MWH Projected Energy Cost of Energy Produced by Avoided Unit (provided by the Company): Year Projected Fixed Enemy Cost (in Cents/KW H or in Dollars) Hazed on the projections of Energy Costs Produced by the Avoided Unit and the mutually agreed upon Portion of the Base Energy Costs associated with the Avoided Unit the Fixed Energy Payment shall be SiMWH or$ (as applicable). Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 50 FLORIDA POWER.& LIGHT COMPANY Attachment A Original Sheet No.10319 APPENDIX E TO THE STANDARD OFFER CONTRACT CONTRACT OPTIONS TO BE SELECTED BY QS Term of Contract Executiondate Teiminationdate Firm Capacity Rates Comiuenceinent date for deliveries of Firm Energy and Capacity Capacity Payment Option Selected (front available options A through 1) If Option E is selected proposed payment stream. Schedule of Capacity Payments to be provided by the Company based on applicable parameters follows: Year S+K:W/Month Energy Rates Energy payment OIitioils selected applicable to energy produced by the QS aiid delivered to tine Company (from available Option A orb and D) Select from. Option A or B And Select D If Option I) is selected by the QS; the Company and the QS mutnalty.egrx on fixing and tunortirang the following portion of the Base Energy Costs associated with the Avoided Unit % o which yields MWH Projected Energy Cost of Energy Produced by Avoided Unit (provided by the Company): Year •Proiected I:ixcd Energy Cost (in Cents/E' WH or in Dollars) Based Oil the projections of EnergyCosts Produced by the Avoided Unit and tha inutttallyagreed upon Portion of the Base Energy Costs associated with the Avoided Unit the Fixed Energy Payment shall be SIMV Il or S ;(as applicable). Issued by: S. E. Romig,Director, • Rates and Tariffs Effective: May 22, 2007 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 23, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Residential Paper Shredding Event on July 18, 2020 Analysis: The Solid Waste Disposal District (SWDD) will be partnering with Southeast Secure Shredding to host a Residential Paper Shredding Event on Saturday, July 182020. All residents of Indian River County are invited to bring up to three (3) boxes/bags of paper (up to 35 pounds each) to be shredded and recycled at no cost. The event will be held from 9 am to 2 pm at Southeast Secure Shredding, located at 3910 U.S. Highway 1 in Vero Beach. Southeast Secure Shredding is charging $5 per vehicle. However, there is no anticipated event cost to SWDD as Waste Management will be covering a cost of up to $8,000 for this and a possible future paper shredding event. C, INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services °R Parks & Recreation INFORMATIONAL BCC Meeting 0701712020 Date: To: June 29, 2020 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin M. Kirwin, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Notice of Amendment No. 1 - Florida Department of Environmental Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ219 DESCRIPTIONS AND CONDITIONS: On September 17, 2019, the Board County Commissioners approved a Standard Grant Agreement with The. State of Florida, Department of Environmental Protection (DEP) for a grant through the Coastal Partnership Initiative for the Jones' Pier Conservation Area. Task 1 is to construct the Saltmarsh wetland and Task 2 is to complete the restoration of the Hydric Hammock. The grant agreement with Indian River County provides a $50,000 federal reimbursement with a County cash match of $50,000. The term of the agreement was through June 30, 2020. Due to delays with the culvert installations, staff requested a no cost grant extension from DEP to extend the completion date to December 31, 2020. DEP staff provided an amendment to the agreement after review. Amendment Number 1 to the grant agreement was executed by the County Administrator and was subsequently provided to DEP on June 18, 2020, in order to meet the grant deadline of June 30, 2020. FUNDING: There are no changes to funding. Below is a summary of the grant allocations. RECOMMENDATION: This is an informational item and no Board action is required. Attachments: • Amendment Number 1 To Agreement No. CZ219 Between Florida Department of Environmental Protection and Indian River County Board of County Commissioners APPROVED AGENDA ITEM FOR JULY 7, 2020 County CPI Total Task 1: Construction of Salt Marsh $20,000.00 $20,000.00 $40,000.00 Task 2: Construction of Hydric Hammock Restoration $30,000.00 $30,000.00 $60,000.00 Total: $50,000.00 $50,000.00 $100,000.00 RECOMMENDATION: This is an informational item and no Board action is required. Attachments: • Amendment Number 1 To Agreement No. CZ219 Between Florida Department of Environmental Protection and Indian River County Board of County Commissioners APPROVED AGENDA ITEM FOR JULY 7, 2020 AMENDMENT NO. 1 TO AGREEMENT NO. CZ219 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No. CZ219 (Agreement) is made by and between the Department of Environmental Protection (Department), an agencyof the State of Florida, and Indian River County Board of County Commissioners, 1801 27th Street, Vero Beach, Florida 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Jone's Pier Conservation Area Wetland and Hammock Restoration Project effective September 30, 2019; and WHEREAS, the parties wish to amend the Agreement as set forth herein to revise the Grant Work Plan due to the need for a 6 -month extension. NOW THEREFORE, the parties agree as follows: 1) Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1, Revised Grant Work Plan. 2) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County Board of County Florida Department of Commissioners Environmental Protection By: Title: Date: By: ` _ ()I L Secretary or Designee Date: 06/29/2020 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 3-A. APPROVED AS TO FOFtMvl AND LEGAL S. FFiC:IEN " BY 'LAll1 REINGOLO O U N T Y ATTORNEY . Agreement No.: CZ2 19 Rev. 10/8/18 Revised Grant Work Plan (3 pages) 1 of 1 Amendment No.: 1 5 STATE OF FLORIDA DEPARTMENT OF. ENVIRONMENTAL PROTECTION REVISED GRANT WORK PLAN DEP AGREEMENT NO:: CZ219 ATTACHMENT 3-A Project Title: Jones' Pier Conservation Area Wetland and Hammock Restoration Project Grantee Contact Information: Organization Name: Indian River County Board of County Commissioners Chief Elected Official or Agency Head: Michael Zito Title: Assistant County Administrator Address: 1801 2r Street City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: (772) 226-1410 Area Code and Facsimile Machine Telephone Number: (772) 589-6119 E -Mail Address: mzito@ircgov.com Grant Manager Contact Information: Organization Name: Indian River County Board of County Commissioners Name: Beth Powell Address: 5500 77th Street City: Vero Beach Zip Code: 32967 Area Code and Telephone Number: (772) 226-1873 Area Code and Facsimile Machine Telephone Number: (772) 589-6119 E -Mail Address: bpowell®ircgov.com Fiscal Agent Contact Information: Organization Name: Indian River County Board of County Commissioners Name: Elissa Nagy, Finance Director Address: 1801 27th Street City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: (772) 226-1570 Area Code and Facsimile Machine Telephone Number: (772)770-5331 E -Mail Address: enagy@clerk.indian-river:org FEED No.: 59-6000674 DUNS No.: 079208989 Attachment 3-A, DEP Agreement #: CZ219-A1 1 of3 Rev. 6/14/2019 6 LOCATION: 7770 Jungle Trail, Vero Beach, FL 32963 PROJECT BACKGROUND: This property was acquired by the County in 2008 with assistance from Florida Communities Trust. A management plan (recently updated) outlines various public access facilities to be incorporated into the site design. Proposed amenities include parking, restroom, pavilion, walking trails, boardwalks, and ecological enhancement projects. This grant will assist the County with the construction of a 4 -acre high marsh community and transitional hammock that will provide diverse habitat, increased biodiversity, improved wildlife habitat, and will adapt to the changing environment. PROJECT DESCRIPTION: The project includes construction of a 4 -acre salt marsh that will receive pumped Lagoon waters and circulating these waters through an estuarine system that will remove nutrients, suspended solids, and other pollutants prior to discharge back into the Lagoon. Adjacent to this saltmarsh the County is restoring a hammock that was heavily invaded by exotic species. The hammock/flow-way marsh community to be restored will provide filtration (where feasible) of untreated stormwatec from an existing perimeter ditch that currently discharges directly into the lagoon. Through this habitat enhancement project, the County envisions a mulit-faceted project that improves local water quality in the Lagoon, provides foraging and roosting areas for a variety of listed and non -listed species, creates nursery habitat for fish, improves shoreline conditions, and provides passive recreation and educational opportunities for the public. TASKS and DELIVERABLES: Task #1 : Construction of Salt Marsh Task Description: This task will involve site clearing, excavation/grading, and planting of a 4 -acre salt marsh. Influent and effluent structures under Jungle Trail, as well as fish friendly pump will be installed to maintain hydrology. A water control structure will be constructed at the discharge point from the wetland into an adjacent ditch (which drains into the Lagoon). Deliverables: Executed contract for the construction, signed acceptance of the completed work by the Grantee and certified by the Engineer of record. Before, during and after photos of the construction of the Salt Marsh. Task #2: Construction of Hydric Hammock Restoration Task Description: This task will involve excavation/grading, and planting of the hydric hammock. Influent and effluent structures will be installed to maintain hydrology. Deliverables: Executed contract for construction and signed acceptance of the completed work by the Grantee and certified by the Engineer of record. Before, during and after photos of the hammock restoration project. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Attachment 3-A, DEP Agreement #: CZ219-A1 2 of 3 Rev. 4/30/2018 7 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task No. Task or Deliverable Title Deliverable Due Date 1 Construction of Salt Marsh 12/31/20 2 Construction of Hammock restoration 12/31/20 BUDGET DETAIL BY TASK: Categories Task 1 Task 2 Totals Contractual Services $20,000 $30,000 - $50,000 Match Total $20,000 $30,000 $50,000 Total $40,000 $60,000 $100,000 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Match funding shall be provided in the categories. indicated below. Category Totals Grant Funding, Not to Exceed; $ Match Funding, $. Total Project Funding Contractual Services Total $50,000 $50,000 $100,000 Total: $50,000 $50,000 $100,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 3-A, DEP Agreement #: CZ219-A1 3 of 3 Rev. 4/30/2018 8 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 30, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON VIRGIN TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Virgin Trains. Please see the attached document for expenses incurred as of 6/30/20. ATTACHED: • Virgin Trains Expenses through 6/30/20 spreadsheet. Virgin Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of 52.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million (Budget Amendment) 3/17/2020 County Attorney's Office received 5200,000 from citizens (Budget Amendment 10 Acct#00110214-033110-15023 Legal Services Date Vendor Murphy & Walker Amount 51,914.00 _ Note Fees for Legal Services May 2020 6/9/2020 5/15/2020 MoloLamken LLP 5100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy & Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 Murphy & Walker 511,541.25 Fees for Legal Services March 2020 3/25/2020 Bryan Cave LLP 5427.00 Fees for Legal Services February 2020 3/19/2020 MoloLamken LLP 5100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker $3,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker 513,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker 516,222.00 Fees for Legal Services October 2019 rubtotaI Expenses FY 19/20 5268,972.25 I 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 - Bryan Cave LLP 5107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker 518,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services June &July 2019 7/10/2019 Murphy & Walker 513,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP - 51,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker 57,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP 565,848.60 - Fees for Legal Services April 2019 5/15/2019 Murphy & Walker 52,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker 58,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP 559,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker 515,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker 513,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker 59,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP 526,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP 516,416.20 Fees for Legal Service -October 2018 'Subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP - - $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP 5109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP - 549,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP 514,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP 510,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP 530,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 • Bryan Cave LLP 523,853.70 Fees for Legal Services -March 2018 5/7/2018 . McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP 556,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP 532,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP 56,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -Sept (Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP 52,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP 51,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- June 2017 10 Date 7/17/2017 Vendor Amount Note Bryan Cave LLP 520,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 - Bryan Cave LLP 51,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP 5823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP 577.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP 53,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP 511,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP - 514,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP 5342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP - 553,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LIP 515,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP 51,722.50 Fees for Legal Services -Oct 2016 -. 12/1/2016 Bryan Cave LLP 516,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS 59,387.20 • Fees for Legal Services -Oct 2016 "Subtotal Expenses FY 16/17 5201,663.06 9/30/2016 Bryan Cave LLP 55,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP 546,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 • Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP 58,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS 528,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS 522,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS 515,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP 514,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP . 53,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP 51,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS 517,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP 53,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP 59,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS 511,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP 527,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP 5386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS 529,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS 521,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave ILP 519,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP 5112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS 57,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP 522,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP 516,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP 56,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP 550,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP 520,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP 527,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP 51,245.06 Fees for Legal Services -Oct 2015 private activity bonds 'Subtotal Expenses FY 15/16 5807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP 581,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP 555,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP 551,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP 550,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP 537,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LIP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP 537,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP 528,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA 5500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP 528,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP 5145,105.00 Fees for legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* 5617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP 533,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP 579,962.30 Fees for Legal Services 'Subtotal Expenses FY 14/15 51,064,319.15 I 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP 5638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services 'Subtotal Expenses FY 13/14 528,551.80 I 11 Date Vendor Amount Note *Split between St.Lucle, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services Other Professional Services Date Vendor Amount 585.00 Note 5/19/2020 Atlantic Coastal Land.Title Title Search 11/4/2019 Advanced Data Solutions 51,115.00 Document Scanning 597.32 Subtotal Expenses FY 19/20 $1,200.00 ' 11/27/2018 Scripps 592.40 Legal Advertising 11/21/2018 Gall E. Flinn $350.00 Transcription Services $174.90 "Subtotal Expenses FY 18/19 $442.40 5373.60 51,406.74 9/30/2018 Copy Charges 532.96 Copies 8/30/2018 Florida Dept of Transportation 582.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation 582.84 Public Records Request Kate Cotner -FL Dev Finance Corp Mtg-Orlandc "Subtotal Expenses FY 17/18 $198.64 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando 4/28/2017 Martin County 50% reimbursement -53,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants 56,760.69 Expert Witness 2/20/2017 Atkins North America,Inc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants 513,396.11 5271.64 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps 595.70 Legal Advertising 5128.20 (Subtotal Expenses FY 16/17 $18,779.15 5548.74 9/30/2016 GK Environmental 55,580.00 9/30/2017 9/30/2016 Triad Railroad Consultants - 524,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. 520,782.50 Drainage Reports & calculations 9/30/2016 Federal Express 58.18 8/5/2016 GK Environmental 52,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. 5160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express 56.10 Shipping 5/11/2016 GK Environmental 56,000.00 Prelim wetland determination 4/19/16 GK Environmental 51,875.00 Prelim wetland determination 1/26/2016 Federal Express 56.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff "Subtotal Expenses FY 15/16 562,563.89 9/30/2015 Dylan Reingold 5412.00 Reimburse for case filing 9/16/2015 Federal Express 53.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express 56.31 Shipping 7/2/2015 William M Sampson 56,875.00 Rail Crossing Analysts 6/16/2015 Federal Express 57.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States 5570.00 Public Records 'Subtotal Expenses FY 14/15 544,810.15 Acct#00110111-034020-15023 AU Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline 5400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando 597.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando 5111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando 592.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight 5373.60 51,406.74 (Subtotal Expenses FY 18/19 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlandc 5111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando 5122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlandc 591.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando 5110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 591.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg 5161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg 5271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner 5167.20 5/1/2018 Jet Blue -Dylan Reingold 5128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold 5548.74 "Subtotal Expenses FY 17/18 52,420.00 9/30/2017 Delta Air 5191.80 9/30/2017 American Airlines 5193.20 9/30/2017 Jet Blue 5168.20 12 Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 9/30/2017 let Blue 525.00 7/02/15 CDM Smith Inc 523,454.00 Work Order 10 EIS 1/02/15 Acct#00110214-034020-15023 56,973.40 All Travel 1/02/15 CDM Smith Inc 52,122.50 Work Order 10 EIS 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 10 EIS 11/21/14 CDM Smith Inc 56,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 16/17 53,029.76 l - 9/30/14 CDM Smith Inc 51,937.00 Work Order 13 Noise Monitoring 4/6/2016 Aloft Hotel 5109.00 MHG Tallahassee AL P -Dylan Reingold 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 12/2/2015 Kate Cotner -FAC Legislative Conference - 519.44 Work Order 1.0 EIS Subtotal Expenses FY 13/14 $17,274.00 9/8/2015 Doubletree Orlando 5271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Kate Cotner -55.36 Orlando -Travel -FL Dev. Finance Corp 1 1 Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc 523,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc 56,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc 52,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc 56,585.80 Work Order 13 Noise Monitoring !Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 51,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc - $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc 53,125.00 Work Order 1.0 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 19/20 Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 5270,172.25 5550,267.12 5637,344.22 5223,471.97 5870,867.50 51,154,211.26 $45,825.80 Total expenses processed as of 6/30/2020 $3,752,160.12 Total Board authorized budget for FY 19/20' Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 5697,432.88 5550,267.12 5637,344.22 5223,471.97 $870,867.50 51,154,211.26 $45,825.80 Total budgeted 13/14-19/20 $4,179,420.75 'Includes 5200,000 donation from citizens Remaining Balance $427,260.63 13 8. 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: June 18, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 12, 2020 to June 18, 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 June 12, 2020 to June 18, 2020. 14 TRANS NBR DATE 396369 396370 396371 396372 396373 396374 396375 396376 396377 396378 396379 396380 396381 396382 396383 396384 396385 396386 396387 396388 396389 396390 396391 396392 396393 396394 396395 396396 396397 396398 396399 396400 396401 396402 396403 396404 396405 396406 396407 396408 396409 396410 396411 396412 396413 396414 396415 396416 396417 396418 396419 396420 396421 396422 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 CHECKS WRITTEN VENDOR ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT COMMONWEALTH OF MASSACHUSETTS TX CHILD SUPPORT SDU PORT CONSOLIDATED INC GUARDIAN EQUIPMENT INC COMMUNICATIONS INTERNATIONAL RICOH USA INC RICOH USA INC HENRY SCHEIN INC SAFETY PRODUCTS INC AT&T WIRELESS REPUBLIC SERVICES INC TEMPLE INC MCMASTER CARR SUPPLY CO HACH CO CLIFF BERRY INC BOUND TREE MEDICAL LLC EXPRESS REEL GRINDING INC H C WARNER INC CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC DELL MARKETING LP BLAKESLEE SERVICES INC BAKER & TAYLOR INC MIDWEST TAPE LLC K & M ELECTRIC SUPPLY BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC SOFTWARE HARDWARE INTEGRATION SUNSHINE REHABILATION CENTER OF IRC INC ENNIS-FLINT INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CITY OF VERO BEACH CDM SMITH INC INDIAN RIVER ALL FAB INC AT&T CORP ACUSHNET COMPANY FEDERAL EXPRESS CORP CENTRAL A/C & REFRIGERATION SUPPLY INC NATIONAL RECREATION & PARK ASSOC TIMOTHY ROSE CONTRACTING INC TIMOTHY ROSE CONTRACTING INC TRAFFIC PARTS INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT PUBLIC DEFENDER THOMAS S LOWTHER FUNERAL HOME CORP STATE ATTORNEY AMOUNT 299.36 303.42 169.30 105.69 154.00 163.85 540.37 45,375.00 1,506.50 159.65 206.98 856.08 91.70 2,399.15 478,136.83 750.00 5,760.23 64,000.67 722.30 1,626.24 3,500.00 5,307.04 210.00 197.41 7,604.72 66.30 2,472.76 10,062.55 232.83 28.95 608.77 420.08 850.00 121.79 194.03 2,461.35 2,153.00 4,157.50 860.00 10,134.76 611.34 30.38 91.22 175.00 83,473.28 266,310.29 527.25 217.34 8,930.82 5,260.68 4,120.08 3,946.3 425.06° 20,406.38 396423 06/18/2020 GLOBAL GOLF SALES INC 62.99 396424 06/18/2020 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,304.29 396425 06/18/2020 LANGUAGE LINE SERVICES INC 41.59 396426 06/18/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 396427 06/18/2020 TRANSPORTATION CONTROL SYSTEMS 260.00 396428 06/18/2020 THE FLORIDA BAR 300.00 396429 06/18/2020 CHILDRENS HOME SOCIETY OF FL 7,592.63 396430 06/18/2020 SARAH CAMPBELL 569.60 396431 06/18/2020 PARALEGAL ASSOCIATION OF FL INC 90.00 396432 06/18/2020 NORTHERN TOOL & EQUIPMENT CO 1,583.73 396433 06/18/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 8,258.50 396434 06/18/2020 HUMANA 258.58 396435 06/18/2020 HULETT ENVIRONMENTAL SERVICES 160.00 396436 06/18/2020 CELICO PARTNERSHIP 973.89 396437 06/18/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 396438 06/18/2020 DASIE BRIDGEWATER HOPE CENTER INC 4,430.20 396439 06/18/2020 FLORIDA RURAL LEGAL SERVICES INC 1,711.50 396440 06/18/2020 FASTENAL COMPANY 67.27 396441 06/18/2020 UNITED RENTALS NORTH AMERICA INC 5,603.56 396442 06/18/2020 SOUTHERN JANITOR SUPPLY INC 2,508.12 396443 06/18/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 396444 06/18/2020 MBV ENGINEERING INC 7,600.00 396445 06/18/2020 MASTELLER & MOLER INC 14,490.00 396446 06/18/2020 GRAHAM CLAYBURN 5.00 396447 06/18/2020 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 14,579.37 396448 06/18/2020 SHANNON STAFFORD 45.00 396449 06/18/2020 DIVOSTA HOMES LP 77,557.15 396450 06/18/2020 PAK MAIL 96.35 396451 06/18/2020 JACOBSEN, KEITH 45.00 396452 06/18/2020 NEDELL MASCOLINO 90.00 396453 06/18/2020 MARINCO BIOASSAY LABORATORY INC 4,680.00 396454 06/18/2020 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 396455 06/18/2020 TORRES ELECTRICAL SUPPLY COMPANY INC 840.00 396456 06/18/2020 OVERDRIVE INC 1,220.46 396457 06/18/2020 BERMUDA SANDS APPAREL LLC 45.82 396458 06/18/2020 ALAN JAY CHEVROLET CADILLAC 26,754.00 396459 06/18/2020 LISA CONBOY 45.00 396460 06/18/2020 GFA INTERNATIONAL INC 10,762.50 396461 06/18/2020 MOORE MOTORS INC 461.22 396462 06/18/2020 HONEYWELL ANALYTICS 772.00 396463 06/18/2020 MKI SERVICES INC 373,500.00 396464 06/18/2020 MUNICIPAL EMERGENCY SERVICES INC 192.00 396465 06/18/2020 PENGUIN RANDOM HOUSE LLC 116.25 396466 06/18/2020 STRAIGHT OAK LLC 64.95 396467 06/18/2020 SOUTHERN MANAGEMENT LLC 3,755.50 396468 06/18/2020 CHEMTRADE CHEMICALS CORPORTATION 1,317.79 396469 06/18/2020 REI ENGINEERS INC 1,000.00 396470 06/18/2020 NAPIER & ROLLIN PLLC 1,112.50 396471 06/18/2020 HAWKINS INC 1,674.75 396472 06/18/2020 EMERGENCY MANAGEMENT 5,500.00 396473 06/18/2020 CATHEDRAL CORPORATION 2,404.94 396474 06/18/2020 UNIFIRST CORPORATION 439.49 396475 06/18/2020 KELLITIA MARSHALL 45.00 396476 06/18/2020 SOLAR SOLUTIONS WINDOW TINTING INC 200.00 396477 06/18/2020 GOTTA GO GREEN ENTERPISES INC 157.18 396478 06/18/2020 THE GIFFORD FLORIDA YOUTH ORCHESTRA 1,550.00 396479 06/18/2020 ELANTRA LIND 45.00 396480 06/18/2020 COLE AUTO SUPPLY INC 100.46 396481 06/18/2020 PRP CONSTRUCTION GROUP LLC 63,477.45 396482 06/18/2020 FLORIDA BULB & BALLAST INC 20,876.716 396483 06/18/2020 NESTLE WATERS NORTH AMERICA 148.70 396484 06/18/2020 ENVIRONMENTAL OPERATING SOLUTION INC 21,749.25 396485 06/18/2020 GOVDIRECT INC 396486 06/18/2020 AUTOMATED DIRECT MAIL SERVICE CENTER INC 396487 06/18/2020 CORE & MAIN LP 396488 06/18/2020 ABISCOM INC 396489 06/18/2020 REXEL USA INC 396490 06/18/2020 AMAZON CAPITAL SERVICES INC 396491 06/18/2020 PIRATE PEST CONTROL LLC 396492 06/18/2020 AMERIGAS PROPANE LP 396493 06/18/2020 JORDAN POWER EQUIPMENT CORP 396494 06/18/2020 DEANGELO BROTHERS LLC 396495 06/18/2020 MULLINAX FORD OF VERO BEACH 396496 06/18/2020 PITTSBURGH WATER COOLER SERVICE INC 396497 06/18/2020 MT CAUSLEY LLC 396498 06/18/2020 LOWES COMPANIES INC 396499 06/18/2020 PEOPLEREADY INC 396500 06/18/2020 ARCADIA PUBLISHING INC 396501 06/18/2020 TRUE DIGITAL SECURITY INC 396502 06/18/2020 BMC SOFTWARE INC 396503 06/18/2020 SOUTH FLORIDA BUILDING INC 396504 06/18/2020 PRISM RESPONSE LLC 396505 06/18/2020 PLURALSIGHT LLC 396506 06/18/2020 ATLAS COPCO USA HOLDING INC 396507 06/18/2020 DAVE GIETZ 396508 06/18/2020 TRI COUNTY INSURANCE RISK MANAGEMENT 396509 06/18/2020 ELIZABETH HOLMAN 396510 06/18/2020 JAMES HUGHES 396511 06/18/2020 ANDREW HARPER 396512 06/18/2020 KAYLA GOODIN 396513 06/18/2020 JAMES DRINKARD 396514 06/18/2020 ENRIQUE BIRKS 396515 06/18/2020 SHANNON BOYKIN 396516 06/18/2020 KRISTAN CICCONE 396517 06/18/2020 JULIE DOBRINER 396518 06/18/2020 JERRY RYAN DAY 396519 06/18/2020 DAVID DUFRESNE 396520 06/18/2020 COURTNEY GREEN 396521 06/18/2020 BRIAN BENDER 396522 06/18/2020 CARLA FIELDS 396523 06/18/2020 KAYLA ARMAND 396524 06/18/2020 JESSICA PICKARD 396525 06/18/2020 MABELLE RODRIGUEZ 396526 06/18/2020 SAMANTHA PEARSAUL 396527 06/18/2020 ASHLEY SPRADLING 396528 06/18/2020 AMANDA LOUDERMILK 396529 06/18/2020 BRIAN LINK 396530 06/18/2020 LUCAS RIPLEY 396531 06/18/2020 MARK MOORE 396532 06/18/2020 KATIE KEGG 396533 06/18/2020 EMMA PUTTICK 396534 06/18/2020 ALEXIS MEADER 396535 06/18/2020 KELLY MC BRIDE 396536 06/18/2020 UTIL REFUNDS 396537 06/18/2020 UTIL REFUNDS 396538 06/18/2020 UTIL REFUNDS 396539 06/18/2020 UTIL REFUNDS 396540 06/18/2020 UTIL REFUNDS 396541 06/18/2020 UTIL REFUNDS 396542 06/18/2020 UTIL REFUNDS 396543 06/18/2020 UTIL REFUNDS 396544 06/18/2020 UTIL REFUNDS 396545 06/18/2020 UTIL REFUNDS 396546 06/18/2020 UTIL REFUNDS 954.92 6,818.68 7,441.04 451.41 184.19 3,944.55 9.00 3,339.24 4,458.89 2,165.00 483.10 385.45 17,798.00 441.77 988.00 293.76 11,163.55 8,404.20 54,743.00 1,706.91 8,858.70 9,011.24 30.00 514.40 45.00 45.00 45.00 45.00 45.00 45.00 45.00 90.00 45.00 45.00 90.00 45.00 45.00 90.00 45.00 45.00 45.00 45.00 45.00 90.00 45.00 45.00 45.00 45.00 45.00 45.00 90.00 69.79 74.64 77.52 12.16 67.98 63.27 69.34 53.31 434.317 65.07 81.07 396547 06/18/2020 UTIL REFUNDS 42.93 396548 06/18/2020 UTIL REFUNDS 59.06 396549 06/18/2020 UTIL REFUNDS 9.54 396550 06/18/2020 UTIL REFUNDS 64.00 396551 06/18/2020 UTIL REFUNDS 78.70 396552 06/18/2020 UTIL REFUNDS 76.68 396553 06/18/2020 UTIL REFUNDS 42.66 396554 06/18/2020 UTIL REFUNDS 72.07 396555 06/18/2020 UTIL REFUNDS 65.94 396556 06/18/2020 UTIL REFUNDS 198.26 396557 06/18/2020 UTIL REFUNDS 82.36 396558 06/18/2020 UTIL REFUNDS 73.65 396559 06/18/2020 UTIL REFUNDS 76.56 396560 06/18/2020 UTIL REFUNDS 34.65 396561 06/18/2020 UTIL REFUNDS 107.74 396562 06/18/2020 UTIL REFUNDS 36.92 396563 06/18/2020 UTIL REFUNDS 72.79 396564 06/18/2020 UTIL REFUNDS 56.73 396565 06/18/2020 UTIL REFUNDS 4.45 396566 06/18/2020 UTIL REFUNDS 38.61 396567 06/18/2020 UTIL REFUNDS 11.50 396568 06/18/2020 UTIL REFUNDS 118.79 396569 06/18/2020 UTIL REFUNDS 59.38 396570 06/18/2020 UTIL REFUNDS 37.84 396571 06/18/2020 UTIL REFUNDS 8.07 396572 06/18/2020 UTIL REFUNDS 64.21 396573 06/18/2020 UTIL REFUNDS 11.02 396574 06/18/2020 UTIL REFUNDS 36.21 396575 06/18/2020 UTIL REFUNDS 46.47 396576 06/18/2020 UTIL REFUNDS 149.10 396577 06/18/2020 UTIL REFUNDS 25.83 396578 06/18/2020 UTIL REFUNDS 59.56 396579 06/18/2020 UTIL REFUNDS 74.86 396580 06/18/2020 UTIL REFUNDS 784.65 Grand Total: 1,895,534.60 18 TRANS. NBR 1016745 1016746 1016747 1016748 1016749 1016750 1016751 1016752 1016753 1016754 1016755 1016756 1016757 1016758 1016759 1016760 1016761 1016762 1016763 1016764 1016765 1016766 1016767 1016768 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 06/15/2020 06/17/2020 06/17/2020 06/17/2020 06/17/2020 06/17/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 VENDOR INDIAN RIVER OXYGEN INC AT&T CORP COMCAST POLYDYNE INC WASTE MANAGEMENT INC OF FLORIDA OFFICE DEPOT INC OFFICE DEPOT INC HELENA CHEMICAL INDIAN RIVER OXYGEN INC DEMCO INC MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC IRRIGATION CONSULTANTS UNLIMITED INC RECORDED BOOKS LLC WIGINTON CORPORATION 4IMPRINT INC COMPLETE ELECTRIC INC METRO FIRE PROTECTION SERVICES INC WACO FILTERS CORPORATION STAT MEDICAL DISPOSAL INC HYDRA SERVICE (S) INC EFE INC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUSINESS SOLUTIONS INC AMOUNT 3,253.00 2,017.95 99.95 2,576.00 1,195.56 1,215.89 2,155.01 1,000.00 341.50 591.14 145.00 602.03 632.55 354.40 30.00 699.81 587.07 319.90 16,905.00 270.00 2,839.00 310.58 402.00 18,900.25 57,443.59 19 TRANS NBR 7730 7731 7732 7733 7734 7735 7736 7737 7738 7739 7740 7741 7742 7743 7744 7745 7746 7747 7748 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/12/2020 06/15/2020 06/15/2020 06/15/2020 06/15/2020 06/17/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 06/18/2020 VENDOR AMOUNT TOTAL ADMINISTRATIVE SERVICES CORP 12,665.17 IRC FIRE FIGHTERS ASSOC 9,468.32 NATIONWIDE SOLUTIONS RETIREMENT INC 64,725.27 NATIONWIDE SOLUTIONS RETIREMENT INC 7,551.71 KIMLEY HORN & ASSOC INC 1,000.00 NATIONAL METERING SERVICES INC 53,977.05 SAVE ON SP LLC 9,840.00 APTIM CORP 24,836.43 FL SDU 5,351.93 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,896.50 MUTUAL OF OMAHA 2,417.94 IRS -PAYROLL TAXES 483,099.09 RX BENEFITS INC 2,131.56 CDM SMITH INC 21,241.64 SCHOOL DISTRICT OF I R COUNTY 101,992.00 VEROTOWN LLC 133,136.50 C E R SIGNATURE CLEANING 3,680.00 NATIONAL METERING SERVICES INC 70,634.43 NATIONAL METERING SERVICES INC 71,944.65 1,091,590.19 20 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: June 25, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 19, 2020 to June 25, 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. Approvalis requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 19, 2020 to June 25, 2020. 21 TRANS NBR 396581 396582 396583 396584 396585 396586 396587 396588 396589 396590 396591 396592 396593 396594 396595 396596 396597 396598 396599 396600 396601 396602 396603 396604 396605 396606 396607 396608 396609 396610 396611 396612 396613 396614 396615 396616 396617 396618 396619 396620 396621 396622 396623 396624 396625 396626 396627 396628 396629 396630 396631 396632 396633 396634 396635 396636 396637 396638 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 CHECKS WRITTEN VENDOR JOHN SCOTT DAILEY UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS PAUL CARONE WILLIE C REAGAN 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 PAMELA R CUMMINGS SYLVESTER MC INTOSH OKEECHOBEE PARTNERS LLC MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN FIVE STAR PROPERTY HOLDING LLC AMOUNT 199.00 26.68 64.97 34.67 60.43 36.52 42.72 79.16 131.18 63.86 39.56 20.62 50.04 76.24 36.40 103.77 7.86 49.17 65.89 21.58 42.56 173.37 29.53 42.93 153.02 70.01 39.87 38.65 7.95 38.11 50.33 24.54 68.61 59.50 186.35 44.77 36.15 25.73 82.30 122.36 82.63 5,216.00 2,354.00 639.00 1,407.00 2,355.00 856.00 756.00 547.00 661.00 780.00 641.00 689.00 365.00 807.00 1,748.00 2,419.00 830.00 22 TRANS NBR 396639 396640 396641 396642 396643 396644 396645 396646 396647 396648 396649 396650 396651 396652 396653 396654 396655 396656 396657 396658 396659 396660 396661 396662 396663 396664 396665 396666 396667 396668 396669 396670 396671 396672 396673 396674 396675 396676 396677 396678 396679 396680 396681 396682 396683 396684 396685 396686 396687 396688 396689 396690 396691 396692 396693 396694 396695 396696 396697 396698 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR AMOUNT VAL APTS LLC 852.00 AUGUSTUS B FORT JR 641.00 H&H SHADOWBROOK LLC 657.00 VERO BEACH PLACE LLC 2,133.00 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,829.00 ALIX DENEAU 750.00 NKW PIP HOLDINGS I LLC 2,141.00 RANDY BETHEL 751.00 BRANDON ROUER 1,525.00 HUDSON CONSULTING & MANAGEMENT LLC 868.00 HAMID SILMANE 750.00 PAMELA CHAVEZ 744.00 PHILIPPE ALEXANDER 700.00 STANLEY L JENNINGS 762.00 SHARON P BRENNAN 556.00 CORNELIA H LAHEY 1,126.00 IXORIA LLC 711.00 DEEP REAL ESTATE INC 487.00 SHAUNA WALGRAVE 950.00 A PLUS PROPERTY MANAGEMENT INC 3,655.00 ORCHARD GROVE VENTURE LLC 2,507.00 GEORGIA KING LLC 757.00 BREGO PROPERTIES LLC 950.00 BREGO PROPERTIES LLC 1,750.00 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 758.00 YELLOW RING HOLDINGS LLC 791.00 SREIT LEXINGTON CLUB LLC 3,963.00 VERO BEACH LEASED HOUSING ASSOC III LLLP 807.00 MARLBROS HOLDINGS LLC 1,036.00 PORT CONSOLIDATED INC 410.46 COMMUNICATIONS INTERNATIONAL 28,409.72 TEN -8 FIRE EQUIPMENT INC 9,416.72 RANGER CONSTRUCTION IND INC 1,726.01 FISHER SCIENTIFIC COMPANY LLC 688.00 VERO CHEMICAL DISTRIBUTORS INC 1,032.09 LUCAS WATERPROOFING CO LLC 8,200.00 PALMDALE OIL COMPANY INC 10,961.54 RICOH USA INC 162.98 RICOH USA INC 17.71 CHISHOLM CORP OF VERO 200.00 KIMLEY HORN & ASSOC INC 8,035.00 SAFETY PRODUCTS INC 429.22 AT&T WIRELESS 2,125.35 DATA FLOW SYSTEMS INC 3,340.00 E -Z BREW COFFEE & BOTTLE WATER SVC 56.42 GRAYBAR ELECTRIC 167.10 TEMPLE INC 2,145.00 HERITAGE BOOKS INC 106.00 WILD LAND ENTERPRISES INC 10.25 HACH CO 345.22 MASTELLER MOLER & TAYLOR INC 5,700.00 BOUND TREE MEDICAL LLC 740.52 PETES CONCRETE 950.00 ECOTECH CONSULTANTS INC 2,674.00 MOTION INDUSTRIES INC 896.76 CITY ELECTRIC SUPPLY COMPANY 400.55 CARTER ASSOCIATES INC 45,589.83 BAKER & TAYLOR INC 14,785.60 BAKER & TAYLOR INC 89.79 BARNEYS PUMP INC 1,825.00 23 TRANS NBR 396699 396700 396701 396702 396703 396704 396705 396706 396707 396708 396709 396710 396711 396712 396713 396714 396715 396716 396717 396718 396719 396720 396721 396722 396723 396724 396725 396726 396727 396728 396729 396730 396731 396732 396733 396734 396735 396736 396737 396738 396739 396740 396741 396742 396743 396744 396745 396746 396747 396748 396749 396750 396751 396752 396753 396754 396755 396756 396757 396758 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR AMOUNT K & M ELECTRIC SUPPLY 76.53 CENGAGE LEARNING INC 274.48 PALM TRUCK CENTERS INC 3,793.06 JIMMYS AIR & REFRIGERATION INC 6,950.00 SOFTWARE HARDWARE INTEGRATION 154.88 INDIAN RIVER COUNTY HEALTH DEPT 59,762.91 INDIAN RIVER COUNTY HEALTH DEPT 600.00 VICTIM ASSISTANCE PROGRAM 6,018.16 ROGER J NICOSIA 1,500.00 CITY OF VERO BEACH 3,391.52 CITY OF VERO BEACH 2,208.00 CITY OF VERO BEACH 11,675.00 EBSCO INDUSTRIES INC 1,217.92 FLORIDA GOVERNMENT FINANCE 20.00 FLORIDA GOVERNMENT FINANCE 20.00 FLORIDA GOVERNMENT FINANCE 20.00 FLORIDA GOVERNMENT FINANCE 20.00 FLORIDA GOVERNMENT FINANCE 20.00 JANITORIAL DEPOT OF AMERICA INC 185.90 TREASURE COAST HOMELESS SERVICES 708.26 PUBLIX SUPERMARKETS 22.58 ARTHUR J GALLAGHER RISK MGMT SERV INC 15,705.00 INTERNATIONAL GOLF MAINTENANCE INC 181,585.76 FEDERAL EXPRESS CORP 20.16 CENTRAL A/C & REFRIGERATION SUPPLY INC 274.98 TIMOTHY ROSE CONTRACTING INC 488,320.52 TRAFFIC PARTS INC 2,476.50 SUBSTANCE AWARENESS COUNCIL OF IRC INC 95.00 FLORIDA POWER AND LIGHT 156,096.11 FLORIDA POWER AND LIGHT 1,556.40 PEACE RIVER ELECTRIC COOP INC 29.29 NSI ALPHA CORPORATION 426.00 NEW HORIZONS OF THE TREASURE COAST 26,657.00 HIBISCUS CHILDRENS CENTER 45.00 SUNSHINE LAND DESIGN 26,033.32 ARNOLD AIR CONDITONING INC 89.00 G K ENVIRONMENTAL INC 6,000.00 THE FLORIDA BAR 310.00 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 120.00 CHILDRENS HOME SOCIETY OF FL 1,500.00 IRONSIDE PRESS 190.32 DONADIO AND ASSOCIATES ARCHITECTS PA 8,640.00 SHRIEVE CHEMICAL CO 4,051.76 PELICAN ISLAND AUDUBON SOCIETY INC 20,317.52 ST LUCIE COUNTY BOCC 37,658.83 ANDRITZ SEPARATION INC 4,476.91 RUSSELL PAYNE INC 122.55 TRANE US INC 15,484.00 CELICO PARTNERSHIP 327.23 FLORIDA DEPT OF JUVENILE JUSTICE 37,280.72 ELECTRONIC ACCESS SPECIALIST 519.23 THE CLEARING COMPANY LLC 525.00 OTC DIRECT INC 106.32 THE SHERWIN WILLIAMS CO 127.95 MBV ENGINEERING INC 5,140.00 MASTELLER & MOLER INC 1,596.00 ETR LLC 97.76 HEVERON GROUP INC 22,166.16 BYRON BEATTY 45.00 AMERICAN WATER WORKS ASSOCIATION 245.00 24 TRANS NBR 396759 396760 396761 396762 396763 396764 396765 396766 396767 396768 396769 396770 396771 396772 396773 396774 396775 396776 396777 396778 396779 396780 396781 396782 396783 396784 396785 396786 396787 396788 396789 396790 396791 396792 396793 396794 396795 396796 396797 396798 396799 396800 396801 396802 396803 396804 396805 396806 396807 396808 396809 396810 396811 396812 396813 396814 396815 396816 396817 396818 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR AMOUNT 1ST FIRE & SECURITY INC 279.00 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 683.62 DAESY SOTO 90.00 RUSH TRUCK CENTERS OF FLORIDA 205.57 APRIL MONTGOMERY 135.00 SUMMERLINS MARINE CONST LLC 56,000.00 FISHER & PHILLIPS LLP 21,672.00 REDLANDS CHRISTIAN MIGRANT ASSOC 6,004.95 SUSAN MARKS 45.00 DOUGLAS MULL 45.00 JAMES E KELLY 29.90 VATLAND IMPORTS INC 98.16 PEARCE JR, VOLTAIRE & ALYSSA 135.00 TRADEWINDS POWER CORP 600.00 RICHARD NELSON 45.00 KWACKS INC 1,149.00 NICOLACE MARKETING INC 11,510.25 EQ THE ENVIRONMENTAL QUALITY COMPANY 49,027.93 WINSUPPLY OF VERO BEACH 13.27 T C ENTERPRISE 195.00 DAVID KIERNAN 135.00 RYAN KRUEGER 90.00 ERIN RAINS 45.00 BRENNTAG MID -SOUTH INC 7,549.78 BERMAN RENNERT VOGEL & MANDLER PA 15.00 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 MEGAN SMITH 45.00 FLORIDA ARMATURE WORKS INC 5,874.85 OVERDRIVE INC 2,295.43 XYLEM WATER SOLUTION USA INC 43.70 PROMATIC INC 243.72 ALAN JAY CHEVROLET CADILLAC 56,418.00 BURNETT LIME CO INC 12,772.20 ATLANTIC ROOFING II OF VERO BEACH INC 3,489.00 LEARNING ALLIANCE 21,775.00 TREASURE COAST TURF INC 968.75 SOUTHERN MANAGEMENT LLC 1,944.50 CHEMTRADE CHEMICALS CORPORTATION 2,864.48 REI ENGINEERS INC 10,177.50 THE LAW OFFICES OF 621.00 SBL FREIGHTLINER LLC 142,990.00 PIERCE GOODWIN ALEXANDER & LINVILLE INC 4,723.50 MASCHMEYER CONCRETE COMPANY OF FLORIDA 889.02 EMA INC 4,275.00 SYLIVIA MILLER 1,494.00 THE TRANSIT GROUP INC 2,275.10 ANFIELD CONSULTING GROUP INC 10,000.00 CATHEDRAL CORPORATION 1,622.92 UNIFIRST CORPORATION 2,669.69 MARCOS VILORIA 45.00 CDA SOLUTIONS INC 5,181.82 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,149.40 HYDROMAX USA LLC 2,877.00 EASTERN PIPELINE CONSTRUCTION INC 4,975.00 AC VETERINARY SPECIALTY SERVICES 303.58 MATHESON TRI -GAS INC 12,343.71 KRISTINA BERRYMAN 45.00 LJB EQUIPMENT SALES INC 2,411.52 COLE AUTO SUPPLY INC 2,072.83 HEATHER NEEDHAM 45.00 25 TRANS NBR 396819 396820 396821 396822 396823 396824 396825 396826 396827 396828 396829 396830 396831 396832 396833 396834 396835 396836 396837 396838 396839 396840 396841 396842 396843 396844 396845 396846 396847 396848 396849 396850 396851 396852 396853 396854 396855 396856 396857 396858 396859 396860 396861 396862 396863 396864 396865 396866 396867 396868 396869 396870 396871 396872 396873 396874 396875 396876 396877 396878 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR AMOUNT GOVDIRECT INC 1,296.80 CORE & MAIN LP 58,765.81 WOERNER AGRIBUSINESS LLC 693.50 ULINE INC 487.17 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS,*Nt80 AMAZON CAPITAL SERVICES INC 3,373.62 PIRATE PEST CONTROL LLC 128.00 CALITEN LLC 36.61 AMERIGAS PROPANE LP 1,527.02 METROPOLITAN COMMUNICATION SERVICES INC 232.25 THE HOPE FOR FAMILIES CENTER INC 3,652.97 BANYAN RECYCLING INC 840.00 JORDAN POWER EQUIPMENT CORP 491.49 SEBASTIAN RIVER ROWING INC 2,500.00 KRONOS SAASHR INC 28,665.00 DESK SPINCO INC 1,074.60 XGD SYSTEMS LLC 132,301.36 INVASIVE PLANT ERADICATORS LLC 642.94 BLUE GOOSE CONSTRUCTION LLC 827.15 STAPLES INC 483.89 LOWES COMPANIES INC 1,577.06 PEOPLEREADY INC 6,570.90 SMI TRADING LLC 85.06 MILLENNIUM CREMATORY LLC 425.00 CONTROL SOUTHERN INC 6,971.00 ENVIRONMENTAL PRODUCTS GROUP INC 3,795.00 KIERA BLACK 45.00 BISSINO CONSTRUCTION CO INC 16,084.26 INDIAN RIVER ECO -DISTRICT LLC 18,669.96 UNIVERSITY OF WEST FLORIDA 12,500.00 PRISM RESPONSE LLC 101,708.96 SACHIN LIMBACHIA 45.00 CAROL DAVID 45.00 SAMANTHA BULLARD 45.00 FONDRIEST ENVIRONMENTAL INC 97.30 HANNAH LLOYD 111.83 PATCHARA PONGAM 32.10 TREASURE COAST LANDSCAPE MANAGEMENT 150.00 TABATHA SCHADE 90.00 CARRIE MALONE 45.00 ISAAC POWELL 45.00 MICHAEL JOHNSON 45.00 VERONICA RAMOS 45.00 NICHOLE MILES 45.00 SHAWN RAMIREZ 90.00 JAMES STONEROAD 90.00 JOHN STONE 90.00 JUSTIN SNYDER 45.00 KIM RAMBO 45.00 MAEGHAN MC LAUGHLIN 45.00 JASON DIPALMA 35.00 JAMES DEBULA 45.00 ANGELA ALLEN 90.00 ELIZABETH PINKNEY 45.00 JESSICA MONTOYA 45.00 MORGAN SHAPIRO 45.00 KIM VAZQUEZ 45.00 KRYSTAL MELENDEZ 45.00 JOHN KNUDSEN 45.00 ASHLEY KNUDSEN 45.00 26 TRANS NBR 396879 396880 396881 396882 396883 396884 396885 396886 396887 396888 396889 396890 396891 396892 396893 396894 396895 396896 396897 396898 396899 396900 396901 396902 396903 396904 396905 396906 396907 396908 396909 396910 396911 396912 396913 396914 396915 396916 396917 396918 396919 396920 396921 396922 396923 396924 396925 396926 396927 396928 396929 396930 396931 396932 396933 396934 396935 396936 396937 396938 DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR JUDY LEWIS JESSICA PORTER JAMIE STEVENS ANTHONY PIANELLI ALICIA WEAVER WHITE GLOVE MOVING & STORAGE CARLO MARQUES JEFFREY LIVINGSTON HEATHER JORDAN ASHLEY NIGITO SONA PEREZ AMANDA JONES NATHANIEL SWEARINGEN ANGELA WILLIAMS ANTHONY SNYCERSKI MICHELLE VANNESS ROSE LORI SNEIDER EDWIN RICHBERG KAYLAN SAWYER MICK JONES TIFFANY RODGERS LACEY BISSELL ERICA GOLDEN JOE HUTTER CHELSEA GARRISON CHARLES DONNON LAURIE COLLINGS RAMON VAZQUEZ NICOLE OWLE ASHLEY OWENS BRAD MC COLLUM AMANDA RICHARDSON ANNA VALENCIA TILLERY DANA LESLIE SUMMER SWEAZY WENDY SUROVY ELISA SANCHEZ KATHARINE SWEIGARD MICHAEL SILVEY ARIEVE DEMOSTHENE MAGGIE HARDING LARISSA BEMESDERFER NICOLE GRAY MICHELINE GUILMAN KIMBERLY FOSTER JESSICA CADE MONIQUE CLARK CARI HAAGENSON STACEY CADE JONATHAN CLARK RON GARRISON KRISTIN GOLDBERG JOHN BUTLER ZOE ASHCROFT ERIC'S AUTOMOTIVE SERVICE LLC SARAH CRISTO DEVON HENRY LAUREN BRIDGER UTIL REFUNDS UTIL REFUNDS AMOUNT 90.00 45.00 45.00 45.00 45.00 150.00 45.00 195.00 195.00 240.00 45.00 45.00 45.00 45.00 45.00 90.00 45.00 10.00 45.00 45.00 391.22 90.00 90.00 45.00 45.00 45.00 45.00 90.00 45.00 45.00 90.00 45.00 45.00 45.00 45.00 45.00 45.00 90.00 45.00 31.25 135.00 35.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 180.00 45.00 45.00 45.00 90.00 195.00 195.00 45.00 45.00 123.76 24.02 27 TRANS NBR 396939 396940 396941 396942 396943 396944 396945 396946 396947 396948 396949 396950 396951 396952 396953 396954 396955 396956 396957 396958 396959 396960 396961 396962 396963 396964 396965 396966 396967 396968 396969 396970 396971 396972 396973 396974 396975 396976 396977 396978 396979 396980 396981 Grand Total: DATE 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS GATOR'S SOD INC SWARCO INDUSTRIES INC OSBURN ASSOCIATES INC AMOUNT 63.14 43.26 67.96 9.99 27.56 71.31 42.27 57.58 298.13 6.17 84.10 46.60 57.58 74.55 80.89 60.02 60.12 77.85 141.51 32.96 63.41 38.82 31.87 23.15 28.37 9.35 133.87 206.02 42.10 127.65 57.23 58.25 109.79 67.63 41.24 97.21 250.25 14.91 59.47 5.42 255.00 18,038.05 8,275.00 2,303,155.85 28 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900576 06/25/2020 900577 06/25/2020 900578 06/25/2020 Grand Total: VENDOR CELICO PARTNERSHIP FOUNDATION FOR AFFORDABLE RENTAL ORCHARD GROVE VENTURE LLC AMOUNT 2.55 341.64 140.00 484.19 29 TRANS. NBR 1016769 1016770 1016771 1016772 1016773 1016774 1016775 1016776 1016777 1016778 1016779 1016780 1016781 1016782 1016783 1016784 1016785 1016786 1016787 1016788 1016789 1016790 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 06/19/2020 06/19/2020 06/24/2020 06/24/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 VENDOR OFFICE DEPOT INC WASTE MANAGEMENT INC OF FLORIDA AT&T CORP COMCAST OFFICE DEPOT INC INDIAN RIVER BATTERY MEEKS PLUMBING INC ALLIED UNIVERSAL CORP SOUTHERN COMPUTER WAREHOUSE INC WIGINTON CORPORATION HD SUPPLY FACILITIES MAINTENANCE LTD MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS FLORIDA LEVEL & TRANSIT CO INC METRO FIRE PROTECTION SERVICES INC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANALYTICAL SERVICES LLC AMOUNT 452.36 1,171.72 8,755.94 203.74 1,214.99 121.45 9,626.80 15,230.34 161.50 514.00 69.86 991.45 62.50 2,221.82 184.40 2,961.01 550.00 85.00 85.00 472.46 1,319.53 8,141.25 54,597.12 30 TRANS NBR 7749 7750 7751 7752 7753 7754 7755 7756 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 06/19/2020 06/22/2020 06/23/2020 06/23/2020 06/23/2020 06/24/2020 06/24/2020 06/25/2020 VENDOR VERO HERITAGE INC RIO BAK CORPORATION SCHOOL DISTRICT OF I R COUNTY SCHOOL DISTRICT OF I R COUNTY SCHOOL DISTRICT OF I R COUNTY INDIAN RIVER COUNTY SHERIFF HUMANE SOCIETY RX BENEFITS INC AMOUNT 33.87 534,166.87 5,694.00 4,066.44 11,348.86 440.00 36,000.00 198,990.19 790,740.23 31 CONSENT: 7/7/2020 " Office of 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 FROM: Dylan Reingold - County Attorney DATE: June 19, 2020 RE: Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 15, 2020, through and including August 17, 2020; and August 19, 2020, through and including September 14, 2020 The Indian River County Board of County Commissioners is not holding meeting during the two time frames of July 15, 2020, through and including August 17, 2020; and August 19, 2020, through and including September 14, 2020. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. Funding: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 15, 2020, through and including August 17, 2020; and August 19, 2020, through and including September 14, 2020, respectively. /nhm Attachments 32 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 15, 2020, THROUGH AND INCLUDING AUGUST 17, 2020, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 15, 2020, THROUGH AND INCLUDING AUGUST 17, 2020. WHEREAS, the Board of County Commissioners is not holding meetings during the period commencing July 15, 2020, through and including August 17, 2020; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2019-055 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, 33 the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2019-055 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2019-056, the Board of County Commissioners delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2019-056 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 15, 2020, through and including August 17, 2020. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 15, 2020, through and including August 17, 2020, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 15, 2020, through and including August 17, 2020, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 15, 2020, and this Resolution shall expire without further action of this Board at the close of business on August 17, 2020. This Resolution was moved for adoption by Commissioner , and the motion was 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 34 The Chairman thereupon declared this Resolution duly passed and adopted this 7th day of July, 2020. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman 35 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 19, 2020, THROUGH AND INCLUDING SEPTEMBER 14, 2020, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 19, 2020, THROUGH AND INCLUDING SEPTEMBER 14, 2020. WHEREAS, the Board of County Commissioners is not holding meetings during the period commencing August 19, 2020, through and including September 14, 2020; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2019-055 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, 36 the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2019-055 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2019-056, the Board of County Commissioners delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2019-056 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 19, 2020, through and including September 14, 2020. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 19, 2020, through and including September 14, 2020, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 19, 2020, through and including September 14, 2020, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is August 19, 2020, and this Resolution shall expire without further action of this Board at the close of business on September 14, 2020. This Resolution was moved for adoption by Commissioner , and the motion was 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 37 The Chairman thereupon declared this Resolution duly passed and adopted this 7th day of July, 2020. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman 38 Office of Consent July 7, 2020 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan Prado, Assistant County Attorney TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: July 1, 2020 SUBJECT: Dedication and Acceptance of Right -of -Way from Florida Power and Light along 98th Avenue and 16th Street for Improvements Florida Power and Light (FPL) has received preliminary site plan approval for their Service Center south of State Road 60 and west of 1-95 at 98th Avenue and 16th Street. In order to receive final site plan approval, FPL is required to dedicate sufficient right-of-way to bring 98th Avenue and 16th Street to the minimum width of 60 feet as required by County Code. The attached Special Warranty Deed of Donation dedicates two parcels of right-of-way to the County. The 16th Street parcel is 0.601 acres in size and runs along the south side of 16th Street. The 98th Avenue parcel is 1.764 acres in size and runs along the west side of 98th Avenue. Funding: There is no funding needed for this dedication. Recommendation: Staff recommends the Board accept FPL's right-of-way dedications and authorize the Chairman to execute the Special Warranty Deed of Donation for the two parcels. Copies to: Jon Rosenthal, FPL Ryan Sweeney, Community Development 39 This instrument prepared by: Seth S. Sheitelman, Esq. Florida Power & Light Company 700 Universe Boulevard (Law/JB) Juno Beach, Florida 33408 And after recording should be returned to: Indian River County 1801 27th Street Vero Beach, Florida 32960 Parcel I.D. Nos.: a part of # 33380900001001000001.0 (Space Reserved for Clerk of Court) SPECIAL WARRANTY DEED OF DONATION THIS SPECIAL WARRANTY DEED OF DONATION, is made effective as of this day of , 2020 by FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Grantor"), whose mailing address is 700 Universe Boulevard, Juno Beach, Florida 33408, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("Grantee"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. Whenever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH: THAT GRANTOR, for and in consideration of the sum of $1.00, donative and other consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, donates, aliens, remises, releases, conveys, and confirms and forever specially warrants to Grantee all its right, title, and interest in and to those certain parcels of land, situate in Indian River County, Florida, as more particularly described on attached Exhibit "A", which exhibit is incorporated herein and by this reference made a part hereof (the "Property"). TOGETHER with all the tenements, hereditaments and appurtenances hereto belonging or in anywise appertaining. THIS CONVEYANCE IS SUBJECT TO real property taxes for the current year and all subsequent years, comprehensive land use plans, zoning restrictions, prohibitions and other requirements imposed by governmental authority, conditions, restrictions, covenants, reservations and easements of record, if any, but without intent to re -impose same. 40 Page 1 of 8 TO HAVE AND TO HOLD the same in fee simple forever. GRANTOR hereby covenants with said Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to donate and convey the Property, and hereby specially warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever claiming by, through or under the Grantor, but against no others. (Signature pages follow) 41 Page 2 of 8 IN WITNESS WHEREOF, said Grantor has caused this Special Warranty Deed of Donation to be executed on the day and year first above written. Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY, in the presence of: a Florida Corporation Witness Signature Ayny gil/KeS Printed Name fitness Signature Timet VYt. Rest/4%1%4l Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH By.: 704/4. Print Name: Matthew Barrows Title: _Sr. Director of Corporate Real Estate ACKNOWLEDGEMENT ) SS: The foregoing instrument was acknowledged before me, by means of hysical presence or ❑" 3 j u online notarization, this ` day of ' Q_ 2020, by Ka e w BetYrb IAA as 5r rrcor o C rp . ULLA LS+r,t-k- of FLORIDA POWER &LIGHT COMPANY, a Florida corporation, on behalf of the corporation. a�;;,04,, •STACY B. WINNUBST ��. /_Notary Public -State of Florida Commission # GG 341822 .,3`'��0°cc My Commission Expires n,. June 04, 2023 Notary: 1�. Print Name: Macy B. Winnubst Notary Public, State of Florida My commission expires: GUIn.g , zbz3 ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced 42 Page 3 of 8 IN WITNESS WHEREOF, INDIAN RIVER COUNTY, through its Board of County Commissioners, has accepted this Special Warranty Deed of Donation for right-of-way on the day and year first below written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Date BCC approved: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Approved: By: Jason E. Brown County Administrator 43 Page 4 of 8 EXHIBIT "A" Legal Description and Sketch of the Property Parcel One: EXHIBIT "A" DESCRIPTION: THE SOUTH 20 FEET OF THE NORTH 50 FEET. LESS THE EAST 30 FEET THEREOF, TRACT 1, SECTION 9, TOWNSHIP 33 SOUTH, RANGE 38 EAST. ACCORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. LESS CANALS, DITCHES AND RIGHTS-OF-WAY. CONTAINING 26.173 SQUARE FEET. 0.601 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS. RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD. I102 AVENUE DRAWN BY RLF STATE ROAD 60 16 ST SITE LOCATION NORTH LOCATION NOT TO MAP SCALE 72 ST VERONA TRACE 8 ST NOTES: I. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED VATH A SURVEYOR'S SEAL 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY. EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.00'20'22"E. ALONG THE EAST LINE OF SECTION 9. TOWNSHIP 33 SOUTH. RANGE 36 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 24, 2019.1 FURTHER - • AT • SK CH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J 1'OP BYE, FLORID :OARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. RON IE L. FURNISS, PS PROFESSIONAL SURVEYOR AND MAPPER #6272 STATE OF FLORIDA - LB #3591 SHEET 1 OF 2 CAULFIELD 8, WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE -SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 331.34 PHONE (561)-392-1991 / FAX (561)-750-1452 FPL RIGHT—OF—WAY DEDICATION - SKETCH OF DESCRIPTION DATE 09/24/19 DRAWN BY RLF F.B./ PG. N/A SCALE AS SHOWN JOB NO. 8484 44 Page 5 of 8 EXHIBIT "A" (continued) Legal Description and Sketch of the Property EAST R/W UNE-" w w 0 ac 1 CO O a CO rnEE 0C y. M O 0) CO Z s 30' 98TH AVE V 0 60' 30' 50' 0) O N co N 20' J gN� Z ¢ O U a> -0 q w N 0 pw0) e o I�) /0 ca W zcc I- U 3 Jz W 0 O o Z N 0 M m O (0 Z 30' IRFWCD SUB -LATERAL D-6 CANAL R/W (D8 48, PG 27, SLC) N00'20'22"E (BEARING REFERENCE) 60' ROAD AND CANAL RESERVATION (PB 2, PC 25) ( ST. LUCIE COUNTY) WEST UNE TRACT 1 EAST LINE OF -/1 SECTION 9 & TRACT 1 WEST LINE RESERVATION CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE -SURVEYING 7900 GLADES ROAD - SUITE 100 BCCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 FPL RIGHT-OF-WAY DEDICATION SKETCH OF' DESCRIPTION NORTH GRAPHIC SCALE 0 20 40 ( IN FEET ) 1 INCH = 40 FT. LEGEND DB - DEED 800K IRFWCD - INDIAN RIVER FARMS WATER CONTROL DISTRICT ORB - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE R/W - RIGHT-OF-WAY SLC - ST. LUCIE COUNTY 4- SECTION CORNER SHEET 2 OF' 2 DATE 09/24/19 DRAWN BY RLF F.B./ PG. N/A SCALE AS SHOWN JOB NO. 8484 45 Page 6 of 8 EXHIBIT "A" (continued) Legal Description and Sketch of the Property Parcel Two: EXHIBIT "A" DESCRIPTION: THE WEST 60 FEET OF THE EAST 90 FEET, LESS THE NORTH 50 FEET THEREOF, TRACT 1, SECTION 9. TOWNSHIP 33 SOUTH, RANGE 38 EAST. ACCORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY RECORDED IN PLAT B001‹ 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS CANALS, DITCHES AND RIGHTS-OF-WAY. CONTAINING 76,838 SQUARE FEET, 1.764 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD. 102 AVENUE STATE ROAD 60 11 SITE LOCATION kiiiiiiP 12 ST VERONA NORTH TRACE LOCATION MAP 8 ST NOT TO SCALE NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.0020'22"E. ALONG THE EAST UNE OF SECTION 9, TOWNSHIP 33 SOUTH. RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY . • •V&EDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON AUGUST 5, 2019. I FURTHER C1 . - ET• OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-1idga' = ORIDA D OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. 11111111rreall_IM RONNIE L FURNISS, PSM PROFESSIONAL SURVEYOR AND MAPPER #6272 STATE OF FLORIDA - LB #3591 SHEET 1 OF 2 CAULFIELD 8• WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE -SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1652 FPL RIGHT-OF-WAY DEDICATION SKETCH OF DESCRIPTION DATE 08/05/19 DRAWN BY RLF F.B./ PG. N /A SCALE AS SHOWN JOB NO. 8484 46 Page 7 of 8 EXHIBIT "A" (continued) Legal Description and Sketch of the Property GRAPHIC SCALE 0 20 40 ( IN FEET ) 1 INCH = 40 FT. LEGEND N NORTH LINE 60' ROAD AND CANAL RESERVATION (P8 2, PG 25, SLC) NORTH LINE OFT SECTION 9 & TRACT 1 SOUTH LINE OC _ rn ZN'- N m00 MWQ N \tQUU o Z O. 5 Z J 4.0 60.00' 589'37' 46"E E2 8 A �Q NZ • N Z co apo - (▪ y Z. 4J. RgOF-� • E 0 z z 60' CONTAINING +OR— 1.764 AC (76,838 SO FT) 90' N (0 0 N N 0 N 00 9110 SECTION) CORNER 60' 30' 1 30' U W W I ce W IX Z re - CO DB — DEED 800K `j IRFWCD — INDIAN RIVER FARMS WATER CONTROL DISTRICT ORB — OFFICIAL RECORDS BOOK P8 — PLAT BOOK PG — PAGE R/W — RIGHT—OF—WAY SLC — ST. LUCIE COUNTY OP— SECTION CORNER N89.38'46"W 60.00' CAULFIELD 8 WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 FPL RIGHT—OF'—WAY DEDICATION SKETCH OF DESCRIPTION SOUTH LINE OF TRACT 1 SHEET 2 OF 2 DATE 08/05/19 DRAWN BY RLF F.B./ PG. N/A SCALE AS SHOWN JOB NO. 8484 47 Page 8 of 8 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM B.E. CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director Nad FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Change Order No. 2 to Work Order No. 2 and Approval of Final Payment of Work Order No. 2 with GK Environmental, Inc. for Osprey Acres Floway and Nature Preserve Landscaping Services. DATE: June 19, 2020 DESCRIPTION AND CONDITIONS Construction of Osprey Acres Floway and Nature Preserve (Osprey Acres) is complete and Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 landscaping services is complete. The purpose of this agenda item is to approve closeout of Work Order No. 2 and to approve Change Order No. 2 to clear up a final billing issue with GK Environmental, Inc. (GKE) regarding its work in Osprey Acres' Shallow Marsh #2 under the Work Order. To pay GKE's final invoice for Work Order No. 2, $651.25 must be added to the Work Order amount. The funding deficit resulted from unforeseen additional service work that GKE was required to perform during Osprey Acres construction. GKE was hired under Work Order No. 2 to perform landscaping and landscape maintenance services at Shallow Marsh #2, while the bulk of the project was still under construction by West Construction, Inc. (West). To meet grant construction timeframes, Osprey Acres was bid for construction before Shallow Marsh #2 landscaping design was complete. Staff subsequently completed the landscape design, and the planting and plant maintenance services were awarded to GKE, with the understanding with West that West would provide a firm calendar date as to when Shallow Marsh #2 would be ready to receive plants. This would allow GKE to schedule planting of certain landscape material in nursery containers so it would be the proper size when the site was ready to receive the plants. Unfortunately, West slipped significantly behind in its construction schedule after notifying GKE of the target planting date. Because of the delayed planting date, the potted plants grew too Targe for their containers, resulting in the growers having to split, regrow, and maintain hundreds of plants several times until the site was finally ready to receive them. Another unforeseen additional service item performed by GKE was caused by West's inability to properly regrade a Shallow Marsh #2 area that experienced serious erosion prior to GKE installing littoral plants in that location. After West made several unsuccessful attempts to properly regrade the area, staff verbally instructed GKE to perform the Work because West's inability to do the repair was preventing GKE from completing its planting. 48 BCC Meeting —July 7, 2020 — CONSENT Page 2 GKE has been paid for the above additional services from Work Order No. 2 funds. Note, that GKE's charges were deducted from West's Invoice #19 via a Debit Memo to Finance, dated September 16, 2019, representing a West construction contract payment reduction of $1,430. GKE's final invoice (#319) for approval of Change Order No. 2 to Work Order No. 2 and approval of Final Payment of Work Order No. 2 with GK Environmental, Inc. for Osprey Acres Floway and Nature Preserve Landscaping Services. Work Order No. 2 for $7,500.00 is attached along with Change Order No. 2. FUNDING The final amount due GK Environmental, Inc. is $7,500.00. Funding is budgeted and available from Transportation Fund/Stormwater/Other Contractual Services/Osprey Acres, Account #11128138-033490- 16022. RECOMMENDATION Staff recommends that the Board approve Change Order No. 2 to Work Order No. 2 and authorize the Chairman to execute it on behalf of the County for the amount of $651.25. Staff also recommends the Board approve and authorize payment of GK Environmental, Inc.'s final invoice for Work Order No. 2 for the amount of $7,500.00. ATTACHMENTS Change Order No. 2 to Work Order No. 2 (one copy) GK Environmental, Inc. Invoice No. 319 - Final (one copy) DISTRIBUTION Public Works Stormwater Division APPROVED AGENDA ITEM FOR JULY 7, 2020 49 Change Order 2 to Work Order 2 Change Order No. 2 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: GK Environmental, Inc. Project: OSPREY ACRES FLOWAY AND NATURE PRESERVE Description: Add additional funds to Work Order 2 to allow final payment to GK Environmental, Inc. Reason for Change Order: To overcome a deficit of Work Order funds created by unforeseen additional service work performed by GK Environmental, Inc., as a result of inefficiency and lack of performance by the Osprey Acres construction contractor, West Construction, Inc. Attachments: N/A CHANGE IN WORK ORDER PRICE: Description Amount Original Work Order Price $125,119.12 Net Increase {Decrease) from previous Change Orders: (Change Order No. 1) $1,200.00 Work Order prior to this Change Order: $126,319.12 Net increase (Decrease) of this Change Order: $651.25 Contract Price with all approved Change Orders: $126,970.37 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES THIS SECTION IS NOT APPLICABLE Description Timc Original Contract Time: Final Completion: {days or dates) Orders No. to c) Order: Final -Completion {days or dates) Charge -Order -Final-Completion;: {days or dates) Change Orders: .Final -Completion: {days or dates) RECOMMENDED: By: ENGINEER (Signature) Date: 5/22/2020 APPROVED: By: OWNER (Signature) Date: 50 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Email gkeAme.com May 18, 2020 Mr. Keith McCully, P.E. Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960-3388 RE: Osprey Acres / Shallow Marsh / Monthly Services Work Order # 2 and Change Order #1 for herbicide change Invoice #319 — FINAL INVOICE Dear Keith, Please forward payment of $ 7,500.00 for completion of monthly services at the above referenced site. 10/15/19 Spraying Event 11/12/19 Spraying Event 12/17/19 Spraying Event 1/9/20 Spraying Event 2/3/20 Spraying Event $ 1,400.00+ $100.00 non Glyphosate herbicide $ 1,400.00+ $100.00 non Glyphosate herbicide $ 1,400.00+ $100.00 non Glyphosate herbicide $ 1,400.00+ $100.00 non Glyphosate herbicide $ 1,400.00+ $100.00 non Glyphosate herbicide 5 events x $ 1,400.00 = $ 7,000.00 + $500.00 = Total $ 7,500.00 If you have any questions, please let me know. Sincerely, George/g. Kul cidyckv George Kulczycki, President Principal Ecologist OK to pay this invoice. 6/19/2020 51 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: Jason E. Brown, County Administrator Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director Rob Skok, Infrastructure Project Manager SUBJECT: 49th Street Milling & Resurfacing Release of Retainage and Change Order No. 1 (IRC -1414) DATE: June 18, 2020 DESCRIPTION AND CONDITIONS On September 10, 2019 the Board of County Commissioners awarded Bid No. 2019010 to Guettler Brothers Construction, LLC in the amount of $1,051,852.60 for the for the paving of 49th Street which included road widening, curb installation, guardrail replacement, milling existing asphalt, paving, and installation of signs and pavement markings. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $183,756.99 for a final cost of $868,095.61 and make final contract time adjustments. Guettler Brothers Construction, LLC has successfully completed the project and has been paid $824,690.83 with $43,404.78 held in retainage to date. Guettler Brothers Construction, LLC has submitted Contractor's Application for Payment No. 7 for the release of retainage in the amount of $43,404.78. FUNDING Funding in the amount of $43,404.78 is budgeted and available from the following account: Secondary Roads/49th Street Milling & Resurfacing/Retainage/Guettler Brothers Construction, LLC Account No. 109-206000-17027 $43,404.78 52 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 7 to Guettler Brothers Construction, LLC in the amount of $43,404.78 for release of retainage. Once final release of liens from all Guettler Brothers Construction, LLC suppliers and subcontractors have been received, reviewed and approved, final payment will be processed. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 7 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JULY 7, 2020 53 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 6/09/2020 EFFECTIVE DATE:6/09/2020 OWNER: Indian River County CONTRACTOR Guettler Brothers Construction, LLC Project: 49TH STREET MILLING AND RESURFACING (58TH AVENUE TO 31ST AVENUE) OWNER's Project No. IRC -1414 OWNER'S Bid No. 2019010 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,051,852.60 210 Net increase (decrease) of this Change Order: ($183,756.99) Contract Price with all approved Change Orders: $868,095.61 219 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) 180 210 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 9 9 Contract Time withall approved Change Orders: Substantial. Completion: Final Completion: (days or dates) 189 219 RECOMMENDED: Rob Skok By: ENGINEER (Signature) Date:5/26/2020 APPROVED: By: OWNER (Signature) Date: IRC -1414 FINALCO_20200609 00942 - 1 - 54 F:\Public Works'ENGINEERING DIVISION PROJECTS11414-49th St 58th Ave io 31st Ave11-Admin\Project CloseoullVRC-1414_FINALCO_20200609.doc Rev. 05/01 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 49th Street Milling & Resurfacing PROJECT NO. IRC- 1414 BID NO. 2019010 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease 334-1-53A Superpave Asphaltic Concrete (0-3" thick) Overbuild, SP -12.5 TN 668.00. 157.00 104,876.00 570-1-2 Performance Turf - Sod (Bahia) SY 3101.00 2.10 6,512.10 WCD1 Embankment - Needed to support guardrail LS 1.00 4606.91 4,606.91 999-25 . Force Account 90,000.00 SUBTOTALS 11,119.01 194,876.00 49th Street Milling & Resurfacing TOTAL -$183,756.99 55 1 F:\Public Works\ENGINEERING DIVISION PROJECTS V1414 -49th St 58th Ave to 31st Ave\1-AdminWgenda Items\Project Closeout\IRC-1414_C01_EXCEL Indian River County, Florida Department of Utility Services Board Memorandum Date: June 19, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: Shadowbrook Subdivision Water Assessment Project — Petition, Surveying, and Engineering Design Services Description and Conditions: The property owners of Shadowbrook Subdivision (see Assessment Area Map, Attachment 1) have submitted a valid preliminary petition (see Attachment 2) to the Indian River County Department of Utility Services (IRCDUS) requesting that the county supply potable water to their subdivision. Staff is now seeking authorization to begin data collection (survey) and engineering design. Analysis: Shadowbrook Subdivision has a total of fifteen (15) benefitting lots in the assessment area. Signed petitions indicating affirmative votes were received from 12 of the benefitting Tots. Additionally, two properties are bound by Temporary Service Agreements (Attachment 3) and are considered affirmative votes for a special (water) assessment. Thus, 14 of the 15 (93.3%) benefitting lots are in favor of the assessment project. The owners of the properties bound by the Temporary Service Agreements have been notified via registered mail of the project and their required participation. The preliminary estimated project cost is $126,000.00, which includes staff administration, right-of-way survey, engineering design by staff, permits, construction, and contingency. This is subject to change once a detailed design is complete. The only cost at this point will be to a licensed surveyor for the right-of-way survey ($6,825.00). Carter Associates, Inc., has provided a proposal under their continuing surveying services agreement for the survey. Funding: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from assessment fees paid by the benefitting property. owners. Description Account Number Amount Shadowbrook Subdivision Water Assessment 473-169000-20529 $126,000.00 56 Recommendation: The staff of the Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Manager to issue a purchase order to Carter Associates, Inc., for the necessary surveying work and authorize staff to move the project to the design phase. Attachments: 1. Assessment Area Map 2. Preliminary Petitions Requesting a Neighborhood. Water Assessment Program (12) 3. Temporary Service Agreements (2) 57 Legend INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PROPOSED WATER ASSESSMENT PARCELS Signed_Pet YES TEMP WATER AGREEMENT [ j NO 'rips - ... + r ,, • • • iSIG, A .`* •till' LOBLOLLY SQ• fig •M ♦- w 1 M1 I2 yX r t "!► 4 ` N_ -'S!' ' �,iR -4. i trw•,atr'ri „>x 1.001r `!. --1�` .f , 1�, "t•. •r... =�•. iA { 11.14. • 4 . ,. PROPO�SEDA, "SSES_ SMEN,T AREA. 1.'4 � + .,. , , ,,'--E5-- r' f:��- ;.. . -'.-tiP'.• `�Y it ,1_ �Y 1f •[ • . i • i ,ri1,`f • 13 -4TH LN) • � f 3425 5850 3426 e� X ` ,co•.„ V C r .34TH ST�=%•=•••_�•�—� k 5865 5855 )R? ST fCHCRRI t . s!C 7 s — • 1 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES A.r'�;t PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000016.0 Site Address: 5850 34TH LN Owner Name: 5850 34TH LN, LLC Mailing Address: 925.12TH STREET VERO BEACH, FL 32960 Legal Description: SHADOW BROOK SUBDIVISION LOT 16 LESS W 24.43 FT PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and eturn to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as mor- particu let h, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Trust NOTE: Please Review Date: Signature: Secondary Owner Date: Signature: Trust Date: 1. PropertieS:uftder'aitrt7S€l you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sigh the petition. If there are multiple Trustees, then all have to sign the petition. 2. Propertyund'er multiple!ownership A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property Under hosbandl&wife,without: Secondary owners filled out (ProperWApptaiSer'sSiteT).Then one signature either, from the husband or wife is adequate. Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions; may be counted as "Not iti Favor." 59 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM >utttr / PROPOSED WATER MAIN ASSESSMENT—SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000010.0 Site Address: 5855 34TH ST Owner Name: GADD, WILLIAM G & DOROTHY R Mailing Address:. WILLIAM G & DOROTHY R, GADD 5855 34TH ST VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION PBI 9-17 LOT 10 LESS AND EXCEPT THE FOLLOWING: BEG AT A POINT ON THE N LINE OF LOT 10 AND 107.64 FT W OF THE NE COR OF LOT 10 TH RUN S 49 DEG 28 MIN 09 SEC W A DIS OF 76.18 FT TO THE E LINE OF SAID L OT 11 TH RUN N ALONG THEE LIN *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Basedon the information packet you have received for theproposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. xYES - In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. P'roperties.under, a trusty you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property: under.inultiple ownership A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property' underhusbandl&,wife,withou.t'second'amownersfilled out (Propertv�Appraiser,'s.Site;) Then ohe signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 60 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES f i PRELIMINARY PETITION FORM >uiitor PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000022.0 Site Address: 5845 34TH LN Owner Name: MCCORMICK, FRANK G & MAUREEN M Mailing Address: FRANK G & MAUREEN M, MCCORMICK 5845 34TH LN VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 22 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. VYES — In favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. 7-,2422-0 ignature: Owner Date: Signature: Secondary Owner Date: Signature: Trust. NOTE: Please Review Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee, can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Propectyunder multipleow.nership1 A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under, husban'dl& wife wuthout secodary owners filied out (Property Appraiser s Site ) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. late petitions may be counted as "Not in Favor." 61 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM ioiiir PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000014.0 Site Address: 5865 34TH LN Owner Name: YOUNG, THOMAS R & JULIANA K Mailing Address: THOMAS R & JULIANA K, YOUNG 5865 34TH LN VERO BEACH, FL 32960 Legal Description: SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 14 LESS PARCEL DESC IN OR BK 560 PP 2181 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. n favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. (-- 7 Signature: Owner Date: Signature: Trust NOTE: Please Review Date: Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties. under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized .to sign or the Trustee can sign,the. petition. If there are multiple Trustees, then all have to sign the petition. 2. Property; under multiple ownerships' A. minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Propertyunder. husband. &,wife without,secoridary owners. filled;ou.t;(,P'roperty App raiser's.Site) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 62 �,.> •. �`r, INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000009.0 Site Address: 5845 34TH ST Owner Name: LEWIS, JESSE E Mailing Address: JESSE E, LEWIS 5845 34TH ST VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 9 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on th information packet you have received for the proposed water assessment project, please check one of the options below and eturn to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the `Ordinance"), as re particularly set o h, shown, proposed and agreed hereafter. Signature: Secondary Owner Date: Signature: T ust : Date: Signature: Trust Date: NOTE: Please Review 1. P},operties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then.all have to sign the petition. 2. Property under rnultiple ownership• A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife wiithoutsecondary, ownerssfill'ed;out.(Property Appraiser"s.Sitei) Then one signature either from the husband or wife is adequate. Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 63 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES lis.},Era;'��} PRELIMINARY PETITION FORM •4, ietv` PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000024.0 Site Address: 5850 34TH ST Owner Name: THELK, LOUIS J & WINIFRED B Mailing Address: LOUIS J (TR) & WINIFRED B (TR), THELK PO BOX 2914 VERO BEACH, FL 32961 Legal Description: SHADOW BROOK SUBDIVISION LOT 24 PBI 9-17 *Please, sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Secondary Owner Date: —51//— °•=2 Signature: Trust/ Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a trust' you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership] A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property ander husband & wife without;secondaryVowners:filled out (,Property Apptaiser's.Site) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless•66.7% majority is in favor of the project and. the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. late petitions may be counted as "Not in Favor." • 64 szek '>'sf INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES ,' PRELIMINARY PETITION FORM ,�* \ *, !o I PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000023.0 Site Address: 3425 58TH CT Owner Name: THOREN, MARC R & BARBARA Mailing Address: MARC R & BARBARA, THOREN 3425 58TH CT VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 23 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. 5111/7 Signature: Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a.trustlyou must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition: If there are multiple Trustees, then all have to sign the petition. 2. Property under routtipl'eow,nership A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under, husband&,wife: Withroutseco:ndarvownrs fillediout (Property,•Aperaiser"s;Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 65 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT— SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000015.0 Site Address: 5860 34TH LN Owner Name: MEDLOCK, JAMES E & KATHY B Mailing Address: JAMES E & KATHY B, MEDLOCK 5860 34TH LN VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 15 LESS PARCEL DESC IN OR BK 560 PP 2186 & W 24.43 FT OF LOT 16 *Please Sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust NOTE: Please Review Date: Signature: Trust Date: 1. Properties:under a;trust:l,you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. R'roperty?u.nd.'er mulfipleow.netship A minimum of 51% must sign the petition. Example: If two then both need to sign.. If three then two need to sign. 3. Propertyiunderhusband:&w,ifewith'outsecondaryownersfilled.out(IPropertyAppraisers,Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions maybe counted as "Not in favor." 66 , k;, INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES r;J,tl PRELIMINARY PETITION FORM gsy, 910,1 R gym>.retW) PROPOSED WATER MAIN ASSESSMENT— SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000008.0 Site Address: 5835 34TH ST Owner Name: WILLOBY, JAMES ANDREW & ALISA Mailing Address: JAMES ANDREW, ALISA WILLOBY 5835 34TH STREET VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 8 & TRACT A PBI 9-17 *:Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also payimpact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"),as more particularly set forth, shown, proposed and agreed hereafter. 1L A 14L SirSature: Owner . Date: Signature: Trust Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE: Please Review 1. R'roperties, under al trust? you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Fropertyiunder muftipfeownershjp? A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Proper yiunder!tlushandl& wifelwithoutsecondery,ownersfilled!outproperty:Appraiser's SiteThen one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as Not in Favor." 67 Parcel No: Site Address: Owner Name: INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: 32393200010000000013.0 5860 34TH ST CHERRY, LARRY LAVERNE Mailing Address: LARRY LAVERNE, CHERRY 5860 34TH ST VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 13 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. SignatuOwner Signature: Trust. NOTE: Please Review Date: Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trustyou must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property undermultiple.ownerships A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under.husbandI&,w.ife.wiithoutsecondary 'owners', filled out Appraiser,'" s, Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 68 F4 cm►n• Parcel No: Site Address: Owner Name: INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: 32393200010000000012.0 5875 34TH ST JAKUBOWICZ, STANLEY MARK & BOBBI JO Mailing Address:. STANLEY MARK & BOBBI JO, JAKUBOWICZ 5875 34TH ST VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION LOT 12 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options. below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner. Date: ZL Signature: Trust. NOTE: Please Review Date: Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under ai trust you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. ?roperty under multipleownersttip, A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under, husband'&Iwifetwithout;secondary ow.ners.filled out (Property Appraisers Sitet) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 69 , INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES •:,?; PRELIMINARY PETITION FORM i>. -0T0 -?,,,e; PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000014.1 Site Address: 5870 34TH LN Owner Name: TAYLOR, JANICE L & ROBERT B Mailing Address: JANICE L, ROBERT 8 TAYLOR 2617 NE 11TH CT FORT LAUDERDALE, FL 33304 Legal Description: SHADOW BROOK SUB PBI 9-17 THAT PART OF LOT 15 DESC AS FOLLS: BEG AT THE NW COR OF SAID LOT 15 TH RUN E ALONG THE N LINE A DIST OF 42.48 FT, TH WITH A DEFLECTED ANGLE OF 45 DEG 56 MIN 10 SEC TO THE R IGHT RUN A DIST OF 316.75 FEET, TH RUN ALONG THE ARC OF *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. :/ YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. nu,/ . %rdsr'r -? 5-I 7aO O gnature: Owner Date: Signature: Secondary Owner Date: Signature: Trust NOTE: Please Review Date: Signature: Trust Date: 1. Properties' under atrustiyou must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Propertviundermult•ipleiownership1 A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. 12kiper_tvrunderan&sw 'husbdlife?withoutsecorodt,-Wow.tfers,fi allbd�out (PropertyiApnraiser,"s:Site;-) Then one signature either from the husband or'wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 70 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1801 27T" STREET Vero Beach, FL 32960 Name: LEONARD J (TR)(1/2)(TOK) & HATALA Mailing Address: 5865 34TH ST Mailing City State, Zip: VERO BEACH FL, 32966 Site Address: 5865 34TH ST Subject — Proposed Water Assessment Project — Shadow Brook Subdivision: To whom it may concern: We are hereby notifying you on a proposed water assessment project that has been submitted (by a petition which meets the 66.7% or super majority IRC BCC requires) by the residents within the Shadow Brook Subdivision. On May 18, 2005, the property of 5865 34TH ST signed a Temporary Water Service Connection and Participation in Future Special Assessment Program between Indian River County, a political subdivision of the State of Florida (COUNTY) and Leonard J & Constance Hatala (OWNER) whose address was 5865 34TH ST, Vero Beach. FL, 32960. Since the property of 5865 34TH ST will benefit from the construction of the proposed water assessment, the property will be required to participate in the water assessment and pay certain costs of the special assessment when the County undertakes the special assessment project. The County Utility Department is moving forward with an Agenda item to get approval from the BCC to proceed with the proposed water assessment project and to contract with Carter Associates Inc. for surveying of Shadow Brook Subdivision. If you have any questions, please get in touch with me. Thank You Kevin (vers Osthus Indian River County Department of Utility Services E -Mail: kosthusPircgov.com Phone: 772-226-1824 Enclosed: Temporary Water service Agreement Petition Form Map of proposed water assessment boundary 71 1650571 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1879 PG: 39, 05/24/2005 10:37 .AM 3550 AGREEMENT Re: TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this _ day of May, 2005 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and LEONARD J & CONSTANCE HATALA, whose address is 5865 34TH Street , Vero Beach, Fl 32966-6518 (OWNER). (OWNER). BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 5865 34th Street, Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water services, in Shadow Brook Subdivision. B. COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU): Capacity Charge $1,300.00 Tap Fee 1 inch $460.00 Security Deposit $50.00 Recording Fee (This Agreement) $35.50 Meter Fee 1 inch $250.00 Inspection Fee $25.00 Total $2,120.50 3. COUNTY shall make service available for OWNER from a water main on 33rd Street (Cherry Lane), and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY'S choosing. When service is available from the special assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line. Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again. 4. Whether OWNER is required to reconnect to the special assessment line or remain F:\Utilities\UTILITY - EMPLOYEE FOLDERS \Dan Chastain \HATALA Temp Water Agreement SHADOW BROOK SUB.doc [Form approved by County Attorney and Utilities Department 2/2002] Page 1,x'4 BK: 1879 PG: 40 connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment. By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment project. In addition, OWNER's signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line. 5. This Agreement shall be recorded iri the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER's heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as f the date first writte . bo By tness Cthfr7Z,/t/ Sign Witness Q Printed name: C� oL SeSgn Witness PPrin ial z 04A-0 rah Sign �� Witness Printed name �y,QGL � ,�eS4 7 c Leonard J. atala BY4-24---of-or-ee_ 2Z--eg-61 Constance Hatala STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged Leonard J. Hatala and Constance Hatala, who are Florida Driver's License as identification. NOTARY PUBLIC before me this /4 day of May, 2005, by personally known to me or who produced a Stamped Seal & Comm Expiration Date CAROL T.BESANCON MY COMMISSION s OD 040490 �:.. EXPIRES: Somber 27, 2005 ;.80o4NOTMr Pt. Naw eslaa a emang, Ina ign rinted nameGerd---7 esav7c '7 F:\Utilities\UTILITY - EMPLOYEE FOLDERS \Dan Chastain \ HATALA Temp Water Agreement SHADOW BROOK SUB.doc [Form approved by County Attorney and Utilities Department 2/2002] Page 2,54 BK: 1879 PG: 41 INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Approved by BCC *County Administrator authorized to sign for the Board of County Commissioners by Resolution No. 2003-151 dated December 2,2003 Apprrt for fon and legal S By ee-it County Attorney Approved for Utilities matters: By Utilities Director F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastei,\HATALA Temp Water Agreement SHADOW BROOK SUB.doc [Foran approved by County Attorney and Utilities Department 2/20021 Page 3,14 BK: 1879 PG: 42 Legal Description: EXHIBIT "A" SHADOW BROOK SUBDIVISION Part of LOT 10 described in OR Bk 568 PP 1162 & all of Lot 11, according to the plat thereof, as recorded in Plat Book 9, Page 17, of the Public Records of Indian River County, Florida Parcel Number: 32 39 32 00010 0000 00010.1 Property Address: 5865 34th Street VERO BEACH, FL 32966-6518 F:\Utilhiea\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\HATALA Temp Water Agh..... u..nt SHADOW BROOK SUB. doe Exhibi75A Parcel No: Site Address: Owner Name: INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: 32393200010000000010.1 5865 34TH ST HATALA, LEONARD J (1/2) & Mailing Address: LEONARD J (TR)(1/2)(TOK) &, HATALA 5865 34TH ST VERO BEACH, FL 32966 Legal Description: SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 PART OF LOT 10 DESC IN 0 R BK 568 PP 1162 & ALL LOT 11 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a t' r you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 76 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PROPOSED WATER ASSESSMENT Legend PARCELS Signed_Pet P YES - TEMP WATER AGREEMENT r J NO LOBLOLLY SQ :y Fid -P-0 Ef! A'SSESSill E 1 AFits. 5860 5870 5865 5860 5875 5850 13-4T LNC 5845 5840 i t 34Ca 3134 3426 (13 � J „Lz U= Qj1383334.�.�.,. 3425 �� 3414(1 Qt N� t 5850 '34TH STS."—.:_:::' • 311H ST 5865 5855 5845 5835 1 r-�yne� f �iMt (33R6S� (CHERRY RD)) /,3, J 111 333r 35 TH ST r-'.64— 3aTN er I • 1 / 3471 341. 331,1 I 33R1? ST ICHLRR: 77 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1801 27T" STREET Vero Beach, FL 32960 Name: RICHARD C JR TODD Mailing Address: 9696 MIDDLE FORD RD Mailing City State, Zip: BLOWIN G ROCK NC, 28605. Site Address: 3426 SHADOW BROOK LN Subject — Proposed Water Assessment Project — Shadow Brook Subdivision: To whom it may concern: We are hereby notifying you on a proposed water assessment project that has been submitted (by a petition which meets the 66.7% or super majority IRC BCC requires) by the residents within the Shadow Brook Subdivision. On January 21, 2005, the property of 3426 SHADOW BROOK LN signed a Temporary Water Service Connection and Participation in Future Special Assessment Program between Indian River County, a political subdivision of the State of Florida (COUNTY) and Mary Jane Fiorella Todd (OWNER) whose address was 3426 SHADOW BROOK LN, Vero Beach FL, 32960. Since the property of 3426 SHADOW BROOK LN will benefit from the construction of the proposed water assessment, the property will be required to participate in the water assessment and pay certain costs of the special assessment when the County undertakes the special assessment project. The County Utility Department is moving forward with an Agenda item to get approval from the BCC to proceed with the proposed water assessment project and to contract with Carter Associates Inc. for surveying of Shadow Brook Subdivision. If you have any questions, please get in touch with me. Thank You Kevin (vers Osthus Indian River County Department of Utility Services E -Mail: kosthus@ircgov.com Phone: 772-226-1824 Enclosed: Temporary Water service Agreement Petition Form Map of proposed water assessment boundary 78 1611797 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1827 PG: 1547, 01/26/2005 03:10 PM 36; 0-0 R' e AGREEMENT Re: TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM c =� n 1 THIS AGREEMENT, effective this ,* 1 na " E . g' � Y of January, 2005 by and between INDIAN :v -4RIVERCOUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and MARY JANE FIORELLA TODD, whose address is 3426 Shadow Brook Ln , Vero Beach, Fl 32966 (OWNER). (OWNER). .c Co, cS BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 3426 Shadow Brook Ln, Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water services, in Shadow Brook Subdivision. B. COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU): Capacity Charge $1,300.00 Tap Fee 1 inch $460.00 Security Deposit $50.00 Recording Fee (This Agreement) $35.50 Meter Fee 1 inch $250.00 Inspection Fee $25.00 Total 52,120.50 3. COUNTY. shall make service available for OWNER from a water main on 58th Avenue (Kings Highway), and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY'S choosing. When service is available from the special assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line. Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again. F:\Vtlbid\UTILITY - EMPLOYEE POLDERS Den Chenein\TODDTemp Water Agreement SHADOW BROOK SUB.doo (Pani approved by C21 y Attorney end Utilities Department 2/2002] https://ori. i nd ian-river. org/search/index?theme=. blue&section=searchCriteriaN amt&q uickSearchSelecti on=# Page 1 of 4 79 BK: 1827 PG: 1548 4. Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment. By accepting the temporary connection, OWNER waives any. right to contest the receipt of special benefit from the special assessment project. In addition, OWNER's signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line. 5. This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER's heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the date first written abov Sign tss 'rr•a..- - - By ��..� .�i� _ a o� Witness / / ary ane Fiorella Todd Printed name es"--4C.-%1S. V iI a I. hpret �;Witness Printed names!%—M -S ,3,?i¢.S`'/4%n/ STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ao. da of Jan2005, MaryJane Fiorella Todd, who is personally known to me or who Y orifi by P y produced a .Florida Driver's License as identification. NOTARY PUBLIC Stamped Seal & Commission Expiration Date 40" ^err, STEVE BELMONT' MY COMMISSION I DD 025675 ',fame. EXPIRES: May 11. 2065 t-®D3NOTARY FL Noisy Swim 6 Bonding. hte 1 Sign Printed name S" 'Q'4 L t INDIAN RIVER. COUNTY, FLORIDA By its Board of County Commissioners By �"'1'°R • / Coun Administrator P:\ Utgide,\UPILITY - EMPLOYER FOLD60S\Dan Clwmin1TODDTemp W. Agreement SHADOW BROOK SUB.doc (Forth approved by County Attorney and Unlit D.tmrb...m 2/2002) https://ori. ind ian-river.o rg/search/index?theme=. blue&section=searchCriteria N ame&q uickSearchSelection=# Page 2 of 4 80 BK: 1827 PG: 1549 Approved by BCC Af- *County Administrator authorized to sign for the Board of County Commissioners by Resolution No. 2003-151 dated December 2, 2003 ved for form and legal Sjfficiency: County Attorney Approved for Utilities matters: P:\Uilitie,\UTBJTY - EMPLOYEE POLDERS\Dan CTenein\TODUTemp Water Agreement SHADOW BROOK SUBAoe [Poem approved by County Anomey and Utilities Department 2/2002] https://ori. i nes i an-rivenorg/search/index?theme=. blue&section=sea rch C riteria N ame&quickSearchSelecti on=# Page 3 of 4 BK: 1827 PG: 1550 Legal Description: EXHIBIT "A" SHADOW BROOK SUBDIVISION. LOT 20, according to the plat thereof, as recorded. in Plat Book 9, Page 17, of the Public Records of Indian River County, Florida Parcel Number: 32 39 32 00010 0000 00020.0 Property Address: 3426 SHADOW BROOK LN VERO BEACH, FL 32966 Exhibit - A F: LUtllitieatUTH1TY - EMPLOYEE FOLDERS \Dan Chastain \TODDTenp water Agreement SHADOW BROOK SUB.doc https://ori. i nd ian-river.org/search/index?theme=. blue&section=searchCriteriaN ame&quickSearchSelecti on=# INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — SHADOW BROOK SUBDIVISION: Parcel No: 32393200010000000020.0 Site Address: 3426 SHADOW BROOK LN Owner Name: TODD, RICHARD C JR Mailing Address: RICHARD C JR, TODD 9696 MIDDLE FORD RD BLOWIN G ROCK, NC 28605 Legal Description: SHADOW BROOK SUBDIVISION LOT 20 PBI 9-17 *Please sign & return* This proposed water main assessment project will be completed as equal share assessment. The amount your property will be assessed based on Indian River County's proposed construction cost: Assessment (Construction) Cost per Parcel: $8,400.00 In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel is estimated at $9,905.00. Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownerships A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site') Then one signature either from the husband or wife is adequate. Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor." 83 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PROPOSED WATER ASSESSMENT Legend PARCELS Signed_Pet r1 YES TEMP WATER AGREEMENT I—I NO LOBLOLLY SQ : 5860 5850 ., 584Q , % "',--9- ' 5870 ;: OZ - 34TH LNJ 1 �' �. 3aiCr.— , 34391 ) '..- • 3! L 5845: wR ' 5865 z, 3426 S,N ! C _ L r , , 1 a O' ��ass ;Zi—; . ? r ,�' � 3425 y5.0;m— ! Lie CI 5860, I _ '� ': � .— �i?' . 5850 34TH ST;:-- f' - jLONGI " 1 J y r:::===:::_:::_::: ;3470 - r . / LEAF LN r 1 j I t_ ,1 _ 1 A-7590-50 . ; .5875. - - -__ .� �.� 3.33 =� • ; J 1. • '• 5845i A- '°', 5835 L 4Ai i 5865 33RD ST (CHERRY RD) jtiorr 33RD 37 (CHrRR' Indian River County, Florida Department of Utility Services Board Memorandum Date: June 16, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Award of Bid 2020045 — Annual Bid for Sanitary Sewer Services Background: On July 17, 2018, the Indian River County (IRC) Board of County Commissioners (BCC) awarded the first Annual Bid for Sanitary Sewer Services. The Indian River County Department of Utility Services (IRCDUS) requested the solicitation of annual bids to establish firm fixed pricing for services to prevent sanitary sewer overflows that may occur, especially following emergency events such as hurricanes. Services would typically involve pumping sewage from a lift station that has lost power and transporting the sewage to another lift station. Other services included in the bid are cleanout of storm drain and catch basins, and providing supplemental vacuum trucks. The term of this bid is three years, with the option for two additional one-year renewals, subject to vendor acceptance, satisfactory performance and staff's determination that the renewal would be in the best interest of the County. Bid Results: Advertising Date: May 15, 2020 Bid Opening Date: June 10, 2020 Demandstar Broadcast to: 432 Subscribers Bid Documents Downloaded by: 28 Vendors Replies: 6 Vendors Bidder's Name Location Tanker Truck <_ 3 miles/ per gal Tanker Truck > 3 miles/ per Y2 mile Vacuum Truck/ per hour Clean Storm Drain /Catch Basin/per hour Meeks Plumbing, Inc. Vero Beach $0.12 $0.03 $160.00 $150.00 Flotech Environmental, LLC Miami $0.10 $25.00 $140.00 $180.00 Hinterland Group, Inc. Riviera Beach $0.10 $0.20 $225.00 $225.00 Envirowaste Services Group, Inc. Palmetto Bay $0.24 $0.03 $225.00 $225.00 Shenandoah General Construction Co. Pompano Beach $0.40 $0.25 $225.00 $225.00 South East Services of the Treasure Coast, Inc. Vero Beach $0.30 $0.50 $185.00 $185.00 85 Analysis: IRCDUS has determined all six vendors have met the specifications of the bid. Due to the unknown amount of need, or what geographical areas may be impacted and unable to respond in an emergency, staff recommends all six firms be awarded the bid. All six vendors were referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database, with no issues found. Individual tasks will be awarded based on bid price and responsiveness, as this work is typically urgent in nature. Vendors will not be awarded work for which their bid pricing is significantly higher than the pricing of the other vendors, except as a last resort. Source of Funds: Funds for emergency repairs after a hurricane are typically allocated by the budget office once a state of emergency exists. Therefore, funds are not currently available in departmental accounts to cover this expense. The last time this account was used was for Hurricane Irma. Expenses for sanitary sewer services were: Vendor Billing method Total billed Reliable Septic & Services Per gallon hauled ($0.15) $24,345 Meeks Plumbing, Inc. Per gallon hauled ($0.15) ' $12,450 Southeast Services Hourly ($185) $2,127 Recommendation: Staff recommends the Board of County Commissioners (BCC) award bid 2020045 to: Meeks Plumbing, Inc.; Flotech Environmental; Hinterland Group, Inc.; Envirowaste Services Group, Inc., Shenandoah General Construction Co.; and South East Services of the Treasure Coast. Staff also recommends the BCC approve the sample agreement and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency, and receipt of the required insurance. Attachment: Sample Agreement 86 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Moving sewage by truck between locations, as needed ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Sanitary Sewer Services Bid Number: 2020045 Project Address: Countywide ARTICLE 3 — TERM The term of this agreement shall be for an initial three-year period, with two (2) additional one (1) year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to work completed and at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Owner shall make monthly payments based on invoices submitted and for work completed by CONTRACTOR. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the 87 CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 88 ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to inclusive); (2) Certificate(s) of Liability Insurance (3) Invitation to Bid 2020045 (4) Addenda (numbers to , inclusive); (5) CONTRACTOR'S Submitted Bid Form (page _ of (6) Drug Free Workplace Form (7) Affidavit of Compliance (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _to , inclusive); (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (10) Certification Regarding Lobbying (11) Amendments to Agreement ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 89 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. (3) 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 County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 90 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, 91 terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Owner upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: 92 (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act The Contractor agrees to comply with 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. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in 93 connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. I. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. N. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 94 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the. OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: 95 (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 96 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By:. By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 97 Exhibit 1— Contract Pricing 98 Indian River County, Florida Department of Utility Services Board Memorandum Date: June 22, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject:. Citrus Hideaway Subdivision Water Assessment Project, As -Built Resolution IV Background On March 3, 2020, the Indian River County Board of County Commissioners (BCC) approved the adoption of Confirming Resolution III (2020-022) for certain benefitting property abutting 75th Court as well as certain properties within Citrus Hideaway Subdivision, which lie within unincorporated Indian River County. Analysis Citrus Hideaway Subdivision has 10 residential lots and Tract A for a total of 11 properties, per Plat Book 10 Page 26. Lot 1 is already connected to the County potable water system via the existing water main along CR - 510. Although the parcel situated at the northwest corner of the subdivision is not within Citrus Hideaway Subdivision, that parcel is considered a benefitting property. Therefore, the total number of parcels within the assessment project is 11. The proposed project consisted of a 6 -inch water main, which connected to the existing 16 -inch main located along CR -510. The total project cost was estimated at $78,116.72, which included construction, surveying, drafting, permit application fee and administration, with an equal per parcel cost of $7,101.52. The project was constructed by Blue Goose Construction under the Port St. Lucie labor contract unit prices. The final total construction cost came in at $60,958.60 and the total project cost, which included surveying, drafting, permit application fee and administrative cost, came under budget at $67,002.32. Therefore, the per parcel cost has now been reduced from $7,101.52 to $6,091.12, a reduction of approximately 14%. Funding Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from assessment fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Citrus Hideaway Subdivision Water Assessment 473-169000-19502 $ 67,002.32 99 `:0 Recommendation Staff requests authorization from the Board of County Commissioners to adopt Resolution IV for certain benefiting properties abutting 75th Court as well as certain properties within Citrus Hideaway Subdivision with a per parcel cost of $6,091.12 and an interest rate of 4.75% for assessment costs. List of attachments 1. As -Built Resolution (Resolution No. IV) 2. Exhibit A: Final Assessment Roll 100 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT FINAL ASSESSMENT ROLL — RESOLUTION 4 Parcel # 31383600000100000003.1 Assessment= $6,091.12 Owner TASSINARI, RONALD & INES Secondary Owners .• Secondary Owners Mailing Address 7595 85TH ST VERO BEACH FL 32967 Legal A PCL OF LAND LYING IN THE NW CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE 1 /4 OF SEC 36 TWP 31 S RGE 38 E LESS R/WS OF RECORD AS DESC IN OR BK 560 PP 2264 LESS ADD'L RD R/W AS DESC IN OR BK 2351 PG 2188 Revision Date : Site Address 7595 85TH ST 06/16/2020 Parcel # 31383600001000000000.1 Assessment= $6,091.12 Owner GABRICH, CHARLOTTE A (TR) Secondary Owners Secondary Owners Mailing Address PO BOX 644353 VERO BEACH FL 32964 Legal CITRUS HIDEAWAY SUB PBI 10-26 TRACT A & ALSO INCLUDING THE FOLL DESC PCL: F ROM A POB AT THE SE COR OF CITRUS HIDEAWAY SUB LOCATED IN THEW 1/2 OF THE NE 1/4 OF THE NE1/4 OF SEC36TWN31SRGE38EAS SHOWN IN PBI 10-26 MOR E PART DESC OR 3088/1484 • Revision Date : Site Address 8320 75TH CT 06/16/2020 Parcel # 31383600001000000002.0 Assessment= $6,091.12 Owner ROBERTS, THOMAS M and CHERYL L Secondary Owners Secondary Owners Mailing Address 8476 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 2 PBI 10-26 Revision Date : Site Address 8476 75TH CT 06/16/2020 Page 1 F:\Utilities\UTILITY - Engineering Projects - Assessment Projects\000Assessments_JQProposed\18- 1016CitrusHideawaySubdivision\WordDocuments\04_FinalAssessmentRoll_RESOLUTION_4_CitrusHidewaySubdivision.docx Tuesday, June 16, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT FINAL ASSESSMENT ROLL — RESOLUTION 4 Parcel # 31383600001000000003.0 Assessment= $6,091.12 Owner TILLMAN, JERRY R and TANYA C Secondary Owners Secondary Owners Mailing Address 8456 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 3 PBI 10-26 Revision Date : Site Address 8456 75TH CT 06/16/2020 Parcel # 31383600001000000004.0 Assessment= $6,091.12 Owner HOFFMAN, JEFFREY W and LORI R Secondary Owners Secondary Owners Mailing Address 8406 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 4 PBI 10-26 Revision Date : Site Address 8406 75TH CT 06/16/2020 Parcel # 31383600001000000005.0 Assessment= $6,091.12 Owner MAYS, PATRICIA A (TR)(TOK) Secondary Owners Secondary Owners Mailing Address 8386 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 5 PBI 10-26 Revision Date : Site Address 8386 75TH CT 06/16/2020 Page 2 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects \000Assessments_1)Q roposed\18- 1016CitrusHideawaySubdivision\wordDocuments\04_FinalAssessmentRoll_RESOLUTION_4_CitrusHidewaySubdivision.docz Tuesday, June 16, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT FINAL ASSESSMENT ROLL — RESOLUTION 4 Parcel # 31383600001000000006.0 Assessment= $6,091.12 Owner SCHUSTER, GLEN Secondary Owners LUGI, SHARON .• Secondary Owners Mailing Address 1406 25TH AV VERO BEACH FL 32960 Legal CITRUS HIDEAWAY SUB - LOT 6 PBI 10-26 Revision Date : Site Address 8356 75TH CT 06/16/2020 Parcel # 31383600001000000007.0 Assessment= $6,091.12 Owner LACLAIR, LAWRENCE D (TRS)(TOK) and MONI J. (TRS)(TOK) Secondary Owners Secondary Owners Mailing Address 8355 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 7 PBI 10-26 Revision Date : Site Address 8355 75TH CT 06/16/2020 Parcel # 31383600001000000008.0 Assessment= $6,091.12 Owner BOYNTON, RALPH R & Secondary Owners ROGERS, YOSHIKO I Secondary Owners Mailing Address 8385 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 8 PBI 10-26 Revision Date : Site Address 8385 75TH CT 06/16/2020 Page 3 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_J31f'roposed\18- 1016CitrusHideawaySubdivision\WordOocuments\04_FinalAssessmentRoll_RESOLUTION_4_CitrusHidewaySubdivision.docx Tuesday, June 16, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT FINAL ASSESSMENT ROLL — RESOLUTION 4 Parcel # 31383600001000000009.0 Assessment= $6,091.12 Owner VOTAPKA, RICHARD B and LINDA K Secondary Owners .• Secondary Owners Mailing Address 8405 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 9 PBI 10-26 Revision Date : Site Address 8405 75TH CT 06/16/2020 Parcel # 31383600001000000010.0 Assessment= $6,091.12 Owner KRAMER, HOWARD E and IRENE L Secondary Owners Secondary Owners Mailing Address 8455 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 10 PBI 10-26 Revision Date : Site Address 8455 75TH CT 06/16/2020 Page 4 F:\Utilities\UTILITY- Engineering\Projects - Assessment Projects \000Assessments_i1L4'roposed\18- 1016CitrusH ideawaysubdivision\wordDocuments\04_FinalAssessmentRoll_RESOLUTION_4_CitrusHidewaySubdivision.docx Tuesday, June 16, 2020 As Built (Final Reso.) RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH A SPECIAL ASSESSMENT PROJECT FOR A WATER MAIN EXTENSION FROM CR -510 ALONG 75TH COURT TO OWNERS OF CERTAIN PROPERTIES, WITHIN CITRUS HIDEAWAY SUBDIVISION AND PROPERTY ABUTTING 75TH COURT, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that a water main extension to serve 11 parcels located within Citrus Hideaway Subdivision and property abutting 75th Court, in unincorporated Indian River County, Florida, was necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, March 3, 2020, the Board held a public hearing at which time and place the owners of property to be assessed could appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 2020-022, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, now that the project has been completed, the Director of Utility Services has certified the actual "as -built" cost to be less than the cost in confirming Resolution No. 2020-022, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. To avoid interest and penalty charges, payment may be made within ninety days after passage of this resolution (Resolution No. 2020- ). 2. Payments bearing interest at the rate of 4.75% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 2020-022 shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed, and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 105 RESOLUTION NO. 2020- 5. The assessments shown on Exhibit "A," attached to Resolution No. 2020-022, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner , and the motion was 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 day of , 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By By Susan Adams, Chairman Deputy Clerk Approved for form and legal sufficiency: Dylan Reingold, County Attorney 106 Indian River County, Florida Department of Utility Services Board Memorandum Date: June 23, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, Capital Projects Manager Subject: Work Order No. 34 with Kimley-Horn and Associates for Design, Procurement and Construction Administration to Replace Aging Controls for the Reclaimed Water Pumps with Variable Frequency Drives at South Regional Wastewater Treatment Plant Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates the South Regional Wastewater Treatment Plant (SRWTP) located at 2500 SW 6th Avenue. IRCDUS has assessed that the existing controls are aging and in need of replacement. The control panel is antiquated and rests on a concrete pad that had differential settlement, resulting in an undermined concrete slab and leaning control panel. Further failure of this slab may result in failure of the control panel and should be addressed immediately. Furthermore, the existing motor starters are inadequate for the reuse system and a more modernized approach to controlling pump operation should be explored to mitigate the frequent instances of water hammer experienced at the station. Analysis: In May 2020, staff requested Kimley-Horn and Associates (KHA) submit a proposal for professional engineering services to upgrade the Reclaimed Water Pump Variable Frequency Drives at the SRWTP. Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018, KHA submitted a proposal for design, bidding assistance and construction management services. They have submitted Work Order No. 34, which includes providing professional services for design, specifications/bid documents, and construction observation to replace aging controls for the reclaimed water pumps with variable frequency drives and ultrasonic level controls to increase operational efficiency at the SRWTP. The total negotiated cost for the professional services is a lump sum amount of $74,000.00. The negotiated cost has been broken into different tasks, as follows: Task No. Task Task Fee Task 1 Design Phase Services $ 38,775 Task 2 Bid Phase Services $ 6,900 Task 3 Construction Phase Services $ 28,325 TOTAL LUMP SUM FEE $ 74,000 107 Funding: Funds for this project are derived from the capital budget in the operating fund. Operating capital funds are generated from water and sewer revenues. Description Account Number Amount SWWTF Reuse Control Panels 471-169000-20531 $74,000.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 34 with Kimley-Horn and Associates, in the amount of $74,000.00, for Professional Services that include design, specifications/bid documents, and construction observation services to replace aging controls for the reclaimed water pumps with variable frequency drives and ultrasonic level controls at the South Regional Wastewater Treatment Facility, and authorize the Chairman to execute said work order on their behalf. Attachment(s): 1. Work Order No. 34: Reclaimed Water Pump Variable Frequency Drives (5 Pages) 108 CCNA2018 WORK ORDER 34 Reuse Control Panel Replacement at South County Wastewater Treatment Plant This Work Order Number 34 is entered into as of this _ day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 B (Fee Schedule), 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 C (Time Schedule), 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 1.4 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 OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 09 EXHIBIT A Work Order Number 34 Reuse Control Panel Replacement at South County Wastewater Treatment Plant PROJECT UNDERSTANDING Indian River County Utilities (IRCU) owns the South County Waste, ater Treatment Facility (SCWWTF), a 2 MGD AADF facility that operates under FDEP permit FLA010435-005-DW1P-NR. The SCWWTF disposes of treat&Ieffluent via six on-site Rapid Infiltration Basins (RIBs) and off-site reuse customers. The reuse system is served through the on-site pump ion, which consists of three (3) 100 -hp vertical turbine pumps and a subgrade wet well. The station operates similar to a conventional lift station (ladder logic), wherejpumps are called to run/stopvi a mercury switch floats. The control panel for the lift station�is loc�ated`outside on a separate pad, directly adjacent to the wet well. The starters for the <100'hp pumps are direct online (DOL or "across the line") motor starters. Power and signalwiring from the reuse station are provided through an existing electricabuilding located\near the pump station. The control panel is antiquated and rests on a co` pad that had differential settlement, resulting in undermined concrete,, slab�and leaning control panel. Further failure of this slab may result in failure of the control panel and should be addressed immediately. Furthermore, the existing motor starters are inadequate for the reuse system and a more mode zrm ed pproach,to controlling pump operation should be explored to mitigate the frequent instar esSf ester -hammer experienced at the station. \ • It is ouriunderstanding IRCU desires to upgrade the following components of the reuse pump station: � • Demolish DOL starters a a,replace with Variable Frequency Drives (VFDs) to reduc ' nergy consumption and mitigate water hammer issues • Locate,the VFDs within the existing electrical building and provide local HOA switch and electrical disconnect near pumps • Provide continuous analog measurement of wet well level and discharge pressure Kimley-Horn ("Consultant") will utilize the services of C&W Engineering to perform the electrical engineering portions of this project. We are pleased to submit the following scope of services to IRCU for Reuse Control Panel Replacement at the SCWWTF: 110 SCOPE OF SERVICES Task 1: Design Phase Services Consultant will attend a kick-off meeting with IRCU to discuss the scope and phasing of the project in order to define the final scope of work, approach to phasing, and procurement approach. Consultant will perform on-site field measurements and data collection needed for design. Consultant will provide electrical design for the VFD installation' hd demolition of the existing control panel and starters. Consultant will provide design for the PLC panel modifications needed to implement and install new VFD'swyithin the existing electrical building and communicate with the SCADA system. Consultant will review and coordinate VFD dimensional -data from manufacturers which will be used in the final design of the VFD repla ement. Consultant will`reviewthe size of the existing HVAC unit and equipment within the existing, electrical building and determine impacts to system based off added heat 1oadss.generated by the proposed VFDs. Consultant will prepare and submit a brief technicalmemorandum (2-3 pages) that summarizes the impacts with 6- and 1�8=pu`e VFD options with high level construction cost estimates associated with each option. Consultant will develop a control logic description which presents the proposed operation for the reuse pump station -under AUTO and'�1VIAANUAL�modes. The intent of the control logic description is to providethe\Contractor s integrator the information necessary to program the station Consultant will_provide 75%`complete design -deliverables consisting of progress drawings,,speecifi actions; control. logic and -Opinion of Probable Construction Costs (OPCC)'for IRCU revs._ Consultant will attend one,(1) design review meeting. Consultant will incorporate IRCU review comments. Consultant will provide final (100%) design deliverables, consisting of drawings, sp fications control logic and OPCC. Task 2: Bid Phase`Serces Consultant will provide coordination with IRCU purchasing department for bidding the proposed improvements. Consultant will attend one (1) on-site pre-bid meeting and respond to reasonable number of questions from potential bidders. It is anticipated that no more than two (2) addendums will be issued as part of this project. 111 Consultant will review the bids, provide a summary of comments and a letter that identifies the lowest price, most responsive, and most responsible bidder. Task 3: Construction Phase Services In general, Consultant will provide construction phase services for this project, consisting of; shop drawing review, coordination and phasing meeting attendance, responding to questions from Contractors, payment application review, change order review, review of operation and maintenance documents review, record drawing review, based on information provided by contractors. Shop drawing submittals will be reviewed for conformanc ew6it 'the VFD specifications and their pricing proposal. Shop drawings will be submitted directly to Consultant. It is anticipated that approximately 4 shop drawings will be‘reviewed. Consultant will review the submittals and furnish review comments to the'IRCUIor acceptance\Upon completion of IRCU's review, Consultant will furnish complete review comments to Contractor. Consultant will provide coordination of project status`meetings and observation of construction for the duration of the prr ject Consultant will also review pay requests and provide recommendations for payment\to IRCU for the progress of the work. Consultant will attend up to 2 progress meetings. A maximum of four (4)site-visits will be provided by the Consultant during construction and installation of the C gtiipme t,at periods appropriateto the stages of construction to observe the progress`o*observe if in general, `the work is proceeding in accordance with the Contract specif cations. Consultant's duties iw ll consist of witnessing installation/startup of VFD s, and -PLC controls "testing. Start-up of the VFD's will be facilitated by the VFD manufacturer's representative and by the/electrical Contractor: Consultant will observe the three (3) separate start-ups of the new VFD's once the installation/is completed. Consultant will,prepare a ,punch list" for the items that need to be completed for final closeout of the project Consultant will provide two (2) site visits with the contractor to review the status of the completion of these punch -list items. Task 1 Deliverables: Task 2 Deliverables: Task 3 Duration: TIME SCHEDULE Technical Memorandum — 4 weeks after NTP 75% Design Deliverables — 6 weeks after IRCU review of TM 100% Design Deliverables — 6 weeks after IRCU review of 75% Bidding — 1 month Bid Review — 2 weeks after receipt of bids 6 months (anticipated) 112 FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task No. Task // 's Task Fee Task 1 Design Phase Services //-\ \ $ 38,775 Task 2 Bid Phase Services 0' \ \ $ 6,900 Task 3 Construction Phase Services/\ \ \ $ 28,325 TOTAL-MIN/IP SUM FEE\ $ 74,000 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances -that may arise during the execution of this project. Additional services include, but -m y -not be limitedthe"following: • Design improvements for the existing electrical building HVAC system • FDEP permitting- no at nticipated dueeto/no change in capacity • Additional site visits beyond those listed herein • PLC and HMI Programming or integration;of proposed improvements 113 S Indian River County, Florida Department of Utility Services Board Memorandum Date: June 23, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Amendment No. 1 to Work Order No. 14 with Kimley Horn for Bulk Acid Tank Replacement at North (Hobart) County Water Treatment Plant Descriptions and Conditions: On June 11, 2019, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 14 with Kimley Horn and Associates (KHA) for bulk acid tank replacement at North County Water Treatment Plant (NCWTP). Kimley Horn has fulfilled the requirements of Work Order 14, but additional services are needed relating to the pre -construction and construction phase. Indian River County Department of Utility Services (IRCDUS) operates the NCWTP located at 7757 58th Avenue, Vero Beach. Analysis: IRCDUS originally engaged KHA for the acid tank replacement. In the meantime, staff noticed that the bulk caustic tank had significant interior lining deterioration. In the essence of time and economies of scale IRCDUS requested KHA to combine both tank replacements as one project. Staff, in conjunction with KHA, desires to combine the acid tank replacement with the caustic tank and advertise both tank replacement projects together. As such, IRCDUS has requested that Kimley-Horn prepare an amendment to work order No. 14 in order to provide additional construction phase services for the revised project scope. KHA submitted Amendment No. 1 to Work Order No. 14 per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018. The total negotiated cost for the additional services is a lump sum amount of $ 10,349.00. Funding: Funds for these additional services related to adding the caustic tank to the original scope are budgeted in the utilities operating capital fund for the caustic tank replacement. Utilities operating funds are generated from water and sewer revenues. 114 K Description Account Number Amount Hobart Caustic Tank Replacement 471-169000-20532 $10,349.00 Recommendation: Staff recommends that the Board of County Commissioners approve Amendment No. 1 to Work Order No. 14 with Kimley-Horn and Associates, in the amount of $10,349.00, for professional services to include bidding and construction phase assistance to replace the existing acid and caustic tanks at the North (Hobart) County Water Treatment Plant, and authorize the Chairman to execute said work order on their behalf. Attachment(s): 1. Amendment No. 1 to Work Order No. 14 115 CCNA2018 WORK ORDER 14 BULK CHEMICAL TANK REPLACEMENT AT HOBART REVERSE OSMOSIS WATER TREATMENT PLANT This Amendment #1 to Work Order Number 14 is entered into as of this _ day of 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 B (Fee Schedule), 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 C (Time Schedule), 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 1.4 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 Kimley-Horn and Associates, Inc. By: By: Brian Good, P.E. Susan Adams, Chairman Print Name: OF INDIAN RIVER COUNTY Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 116 EXHIBIT #1 Amendment #1 to Work Order Number 14 Bulk Chemical Tank Replacement At Hobart Reverse Osmosis Water Treatment Plant PROJECT UNDERSTANDING Kimley-Horn (Consultant) recently prepared bid documents for replacement of the bulk sulfuric acid and caustic tanks at the Hobart Reverse Osmosis Water Treatment Plant (ROWTP). The project has been permitted through FDEP and IRCU intends to advertise the project soon for bidding. Originally, the two projects were scoped under separate work orders. It was believed that IRCU could change order the proposed tank replacement project under a separate ongoing construction project, and the Consultant's additional involvement in construction would have been limited to shop drawing review. This procedure is no longer desirable and the County desires to advertise the tank replacement project as a standalone construction contract. As such, IRCU has requested that Kimley-Horn prepare a work order to provide additional construction phase services for this project in addition to the Work Orders that have been previously authorized. The following presents description for the additional services to be provided. SCOPE OF SERVICES Task 1— Bid and Construction Phase Services In general, Consultant will provide construction phase services for this project, consisting of; shop drawing review, coordination and phasing meeting attendance, responding to questions from Contractors, payment application review, change order review, review of operation and maintenance documents review, record drawing review, based on information provided by contractors. Consultant will attend one (1) pre-bid and one (1) pre -construction meeting. Consultant will review the submitted bids and provide a bid review letter that summarizes the bid and identifies the lowest, most responsive, most responsible bidder. Shop drawing submittals will be reviewed for conformance with the design plans and specifications. Shop drawings will be submitted directly to Consultant. It is anticipated that approximately 4 shop drawings will be reviewed. Consultant will review the submittals and furnish review comments to the IRCU for acceptance. Upon completion of IRCU's review, Consultant will furnish complete review comments to Contractor. 117 Consultant will provide coordination of project status meetings and observation of construction for the duration of the project. Consultant will also review pay requests and provide recommendations for payment to IRCU for the progress of the work. Consultant will attend up to 2 progress meetings. Consultant will provide up to four (4) site visits during construction and installation of temporary and proposed equipment at periods appropriate to the stages of construction to observe the progress to observe if in general, the work is proceeding in accordance with the Contract specifications. Consultant's duties will consist of witnessing installation, testing and startup of the temporary storage/feed setup and the proposed (permanent) bulk chemical tanks. Consultant will provide reviews of Requests for Additional Information from the Contractor. No more than two (2) RFIs are anticipated as part of this project. Consultant will provide reviews of change orders submitted by the contractor. No more than two (2) change orders are anticipated as part of this project. Once each new tank is constructed, tested and ready to be placed into service, Consultant will prepare request for clearance to place component into operation. It is assumed that the tanks will be constructed sequentially, so two (2) requests to FDEP will be required — one (1) partial request after the first tank is constructed, and one (1) final request after the second tank is constructed. Consultant will prepare a "punch list" for the items that need to be completed for final closeout of the project. Consultant will provide two (2) site visits with the contractor to review the status of the completion of these punch -list items. Consultant will prepare and submit certificate of substantial and final completion. TIME SCHEDULE Services for Task 1 are dependent on the Contractor and construction contract duration, which is not anticipated to exceed 6 months. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: 118 Task No. Task Task Fee Task 1 Bid & Construction Phase Services $10,349 TOTAL LUMP SUM FEE $ 10,349 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Construction phase services not described herein • Additional meetings • Record drawings in .dwg format • Additional site visits 119 ESTIMATE FOR ENGINEERING SERVICES PROJECT: Hobart Caustic Tank Replacement CPS SHEET 1 OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR: NB DATE: 6/30/2020 DESCRIPTION: DIRECT LABOR ( MAN-HOURS) Hobart ROWTP Bulk Chemical Tank Replacement EXP Dir_Exp ' 4.6% LINE SEN REG DES/ CLIC EXP TOTAL PRINC PROF PROF P2 P1 SUB SUB NO. TASK 1 Construction Phase Services - Bid Review 0.5 4 $33 $751 Shop Drawing Review 0.5 4 $33 $751 PrebidMeeting 0.5 4 $33 $751 Preconstruction Meeting 0.5 4 $33 $751 Payment Application Review (x6) 0.5 6 2 $56 $1,265 Change Order Review (x2) 0.5 4 $33 $751 Site Visit (x4) 0.5 6 $47 $1,064 Progress Meeting (x2) 0.5 6 $47 $1,064 RFIs (x4) 0.5 4 $33 $751 FDEP Request for Clearance 0.5 4 2 $42 $951 Punch List (Substantial & Final) 0.5 6 $47 $1,064 Certificate of Substantial and Final Completion 0.5 2 $19 $437 $0 TOTAL HOURS' 6 0 54 0 4 0 0 $455 $10,349 LABOR ($/HOUR)1 235 225 150 105 96 25 $0 $0 SUBTOTAL 1410 0 81000 384 0 0 $9,894 $0 120 8 L INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: June 25, 2020 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Ranking of Firms, Award and Approval of Agreement — RFP 2020034 — Sandridge Golf Club Course Maintenance BACKGROUND: On behalf of Sandridge Golf Club, Requests for Proposals (RFPs) were solicited for the maintenance of the courses and grounds. The current contract was initially awarded by the Board on June 21, 2005 to International Golf Management (IGM) for an initial term of five years, with two five-year extensions approved. The current term expires on September 30, 2020. IGM has been providing course maintenance services at Sandridge since 1996. The term of the current award is proposed to be five years with two five year renewals available, dependent upon vendor performance, mutual agreement on terms, and determination that renewal is in the County's best interest. RFP RESULTS: Advertising Date: April 16, 2020 RFP Opening Date: May 14, 2020 Solicitation Broadcast to: 334 Subscribers RFP Documents Requested by: 16 Firms Replies: 7 Firms ANALYSIS: A selection committee comprised of Michael Zito, General Services Department Director, Bela Nagy, Director of Golf, Kevin Kirwin, Parks and Conservation Lands Director and Kristin Daniels, Budget Director independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included responsiveness, firm overview, qualifications and project approach and price. These scores were compiled by the committee and an overall initial ranking of firms developed. The committee determined interviews were not necessary and the initial ranking of firms declared final. 121 The sample agreement was included in the RFP document, and proposers asked to indicate any changes requested to the document. The top ranked firm stated it accepted the sample agreement as presented. FUNDING: The current annual contract cost is $1,089,514.56. Proposers were asked to provide costs for each of the first five years of the contract, allowing changes to pricing from year to year to account for changes in staffing costs and equipment replacement. The top ranked proposer's price represents a 9 -percent increase in the first-year cost. Company Proposing Firm Location 1. International Golf Maintenance, Inc. (IGM) Lakeland 2. ABM Industry Groups, LLC The Villages 3. SSS Down to Earth Opco II LLC Maitland 4. Cypress Golf Management, LLC St. Cloud 5. BrightView Golf Maintenance, Inc. Calabasas, CA 6. Landscapes Golf Management, LLC Lincoln, NE 7. The Davey Tree Expert Company Brooksville The sample agreement was included in the RFP document, and proposers asked to indicate any changes requested to the document. The top ranked firm stated it accepted the sample agreement as presented. FUNDING: The current annual contract cost is $1,089,514.56. Proposers were asked to provide costs for each of the first five years of the contract, allowing changes to pricing from year to year to account for changes in staffing costs and equipment replacement. The top ranked proposer's price represents a 9 -percent increase in the first-year cost. Company Year 1 Change from Current Total Cost Years 1- 5 International Golf Maintenance, Inc. (IGM) $1,188,722.50 9.11% $6,306,068.75 ABM Industry Groups, LLC $1,159,700.00 6.44% $6,035,123.00 SSS Down to Earth Opco II LLC $1,276,925.00 17.20% $6,485,613.00 Cypress Golf Management, LLC • $1,344,900.00 23.44% $6,962,186.00 BrightView Golf Maintenance, Inc. $1,447,000.00 32.81% $7,554,629.87 Landscapes Golf Management, LLC $1,449,547.00 33.05% $7,445,617.00 The Davey Tree Expert Company $1,662,645.00 52.60% $8,313,225.00 Funding for the maintenance is budgeted in the Sandridge Golf Club Maintenance, Other Contractual Services account (41822172-033490), which is funded by course user fees. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award the Golf Club maintenance to International Golf Maintenance, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager, the receipt and approval of the Public Construction Bond in the amount of 10% of the first year contract price, and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 122 Sample Agreement THIS MAINTENANCE AGREEMENT ("Agreement") is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Document, generally described as agronomic, horticultural and recurring services ("Services") for Sandridge Golf Club ("Club"), located at 5300 73rd Street, Vero Beach, Florida. Services will be provided as detailed in Request for Proposals (RFP) 2020034 and Contractor's response to the RFP. ARTICLE 2 - TERM This Agreement shall be effective for a period of five years from the Effective Date (October 1, 2020), unless earlier terminated as provided herein. OWNER shall have the option to renew this agreement for two additional five year terms, based on Contractor concurrence and determination that renewal is in the best interest of the OWNER. ARTICLE 3 - PAYMENT Owner shall make monthly payments, equal to one twelfth of the annual total price, on the last Friday of each month. Year 1 total contract price $ Year 2 total contract price $ Year 3 total contract price $ Year 4 total contract price $ Year 5 total contract price $ All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the RFP, or the Public Construction Bond. ARTICLE 4 - CONTRACT PRICE ADJUSTMENT The Contractor may request an annual rate adjustment in writing to the County no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the Board of County Commissioners. If approved, the rate adjustment would become effective October 1 of that year. No adjustment will be considered prior to 2025. The rate of adjustment shall be based on 75 -percent of the change in the Consumer Price Index (CPI) between the month of April in the prior year (CP11) and the month of April in the current year (CPI2). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0). The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. 123 FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CPI2 - CP11) / CP11) * 0.75)); New Rate = Round ((Current Rate + AA*Current Rate), 2) When there is a CPI decrease, the County may request a commensurate decrease in the same manner. ARTICLE 5 - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional, wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6 — INSURANCE CONTRACTOR shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the OWNER. CONTRACTOR's insurance shall be primary. OWNER shall be named as an additional insured for both General Liability and Automobile Liability. CONTRACTOR shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability — Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The policy shall cover the CONTRACTOR, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by CONTRACTOR. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the OWNER's Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the OWNER's Risk Management Department that they will provide 30 days written notice to OWNER's Department of Risk Management of its intent to cancel or terminate. 124 ARTICLE 7 CONTRACTOR'S REPRESENTATIONS CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. . CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract. Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. E. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS The Contract Documents consist of the following: (1) This Agreement (pages 1 to _, inclusive); (2) Public Construction Bond (pages (3) Certificate(s) of Liability Insurance (4) Request for Proposals 2020034 (5) Addenda (numbers to , inclusive); , inclusive); (6) CONTRACTOR'S Submitted Proposal (pages _ to _, inclusive); (7) Drug Free Workplace Form (pages _ to , inclusive) (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _ to , inclusive); (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (10) Certification Regarding Lobbying (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; 125 Agreement for Sandridge Golf Club Maintenance b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. (3) 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 126 the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the County's Representative pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. 127 C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. The OWNER shall pay CONTRACTOR for all work satisfactorily completed prior to the effective date of termination. F. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of noticeof such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. G. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan. List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 128 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement was approved on , with an effective date of October 1, 2020. OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Bela Nagy Designated Representative: Title: Director of Golf Name: Address: 5300 73rd Street, Vero Beach, FL Title: Phone: 772-770-5003 Address: Email: bnagy@ircgov.com Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 129 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 25, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms, Award and Approval of Agreement — RFP 2020039 — Indian County Department of Utility Services — 2020 Labor Contract BACKGROUND: On behalf of the Department of Utility Services, Requests for Proposals (RFPs) were solicited for the construction, repair, or replacement of various water transmission and distribution, wastewater collection and transmission, and reclaimed water transmission system elements at various locations throughout Indian River County. No current contract is in place for this work. The proposed initial term of the award is two years, with two one-year renewal terms available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of Indian River County. RFP RESULTS: Advertising Date: April 28, 2020 RFP Opening Date: May 21, 2020 Solicitation Broadcast to: 606 Subscribers RFP Documents Requested by: 23 Firms Replies: 6 Firms ANALYSIS: A selection committee comprised of Arjuna Weragoda, P.E., Capital Projects Manager, John Boyer, P.E., Utilities Engineer and Duke Hawkins, Utilities Project Manager independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included responsiveness, firm overview, qualifications and project approach and price. These scores were compiled by the committee and an overall initial ranking of firms developed. The committee determined interviews were not necessary and the initial ranking of firms declared final. 130 Contractors provided a price proposal for numerous types of services and equipment, as may be necessary to complete various items of work. To facilitate the timely completion of multiple work orders, staff proposes to enter agreements with the three top ranked contractors. The sample agreement was included in the RFP document. Since pricing and terms have already been established, it is not necessary to negotiate with the contractors proposed for award. FUNDING: Funding will be from various accounts depending upon the individual project. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award to Blue Goose Construction, LLC, CK Contractors & Development, LLC, and Hinterland Group, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 131 'Proposing Firm . ,Location Tota.IxPrice Proposal 1. Blue Goose Construction, LLC Fort Pierce $477,202.76 2. CK Contractors & Development, LLC West Palm Beach $525,813.27 3. Hinterland Group, Inc. Riviera Beach $552,364.50 4. Felix Associates of Florida, Inc. Stuart $610,418.60 5. Johnson -Davis Inc. Fort Pierce $626,156.00 6. Gulfstream Building Group, Inc. Fort Pierce $460,603.11 The sample agreement was included in the RFP document. Since pricing and terms have already been established, it is not necessary to negotiate with the contractors proposed for award. FUNDING: Funding will be from various accounts depending upon the individual project. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award to Blue Goose Construction, LLC, CK Contractors & Development, LLC, and Hinterland Group, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 131 CONTINUING CONTRACT AGREEMENT BETWEEN COUNTY AND CONTRACTOR CONSTRUCTION OF WATER, SEWER AND RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT INDIAN RIVER COUNTY BID NO. 2020039 THIS CONTINUING CONTRACT AGREEMENT for UTILITIES LABOR AND CONSTRUCTION ("Agreement or "Master Agreement"), entered into as of this _day of , 2020 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and , ("CONTRACTOR"). BACKGROUND RECITALS: A. Through the competitive bid process, the COUNTY has selected CONTRACTOR to provide certain labor services relating to utilities installation and repair ("Services") as more fully set forth in Exhibit 1 (Contractor's Bid Form) attached to this Agreement and made a part hereof by this reference in connection with various utility installations and repairs to COUNTY owned and operated facilities ("Project"). B. As part of the competitive bid process, the COUNTY issued a Request for proposal (2020039) on April 28, 2020. C. The proposed work consists of various water transmission and distribution, wastewater collection and reclaimed water transmission system improvements as specified in each of the Owner's individual Work Authorizations issued throughout the life of the Contract. The work may include after hours and emergency work. All material (furnished by COUNTY) and all equipment furnished (by CONTRACTOR) and all work performed (by CONTRACTOR) shall be in strict accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards dated May 2019, or latest edition, which may be obtained at no cost online from the Indian River County Utilities Department. The work is generally located in Indian River County in the Urban Service Area, although transmission utilities are located outside of this boundary. D. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All construction services provided by the CONTRACTOR for the COUNTY shall be identified in Work Authorization and performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to 132 exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONTRACTOR by which the COUNTY accepts Contractor's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the COUNTY. 1.3 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the COUNTY shall become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the COUNTY. 1.4 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. 1.5 It is the intent of the COUNTY to enter into Agreements with two or more qualified contractors. Work Authorizations will be issued to Contractors based on the availability, expertise, and other special requirements as determined by the Engineers for work required for that specific project. In the event the CONTRACTOR declines a Work Authorization due to workload, the Work Authorization will be offered to the other awarded CONTRACTOR. No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive during the term of this Agreement. 1.6 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the CONTRACTOR with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONTRACTOR shall satisfy itself as to accuracy of any data provided. The CONTRACTOR is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the CONTRACTOR's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONTRACTOR to enter upon public and private property (where required) as necessary for the CONTRACTOR to perform its Services, upon the timely written request of CONTRACTOR to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 133 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONTRACTOR, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONTRACTOR shall be and shall remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONTRACTOR of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Authorization, however there will be only one Project Manager per Work Authorization. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONTRACTOR; (c) communicate the COUNTY's policies and decisions to the CONTRACTOR regarding the Services; and (d) determine, initially, whether the CONTRACTOR is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONTRACTOR whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONTRACTOR's Services. If the CONTRACTOR has been delayed in completing its Services through no fault or negligence of either the CONTRACTOR or any Subcontractor, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONTRACTOR shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Authorization shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONTRACTOR shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONTRACTOR's control and through no fault or negligence of the CONTRACTOR. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONTRACTOR shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to perform all necessary utilities labor and construction services in connection with the assigned Project(s) as set forth in the Work Authorizations and in this Agreement. 3.2 The CONTRACTOR will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Authorization, the CONTRACTOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONTRACTOR agrees to complete the Project within the time frame specified in the Work Authorization. 3.4 The CONTRACTOR will maintain an adequate staff of qualified personnel. 134 3.5 The CONTRACTOR will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONTRACTOR, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONTRACTOR under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the CONTRACTOR shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. The CONTRACTOR shall also require all Subcontractors to comply by contract with the provisions of this section. 3.8 The CONTRACTOR will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.10 The CONTRACTOR will cooperate and coordinate with other COUNTY Contractors, as directed by the COUNTY. 3.11 The CONTRACTOR shall report the status of the Services under this Agreement to the COUNTY Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the COUNTY Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONTRACTOR for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the COUNTY Project Manager. 3.13 The CONTRACTOR agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONTRACTOR shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 135 3.15 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONTRACTOR shall cause the names of the firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of two (2) years, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 4.2 The time for completion of each Project shall be defined in the Work Authorization. 5. COMPENSATION. 5.1 Work Authorizations that are less than $100,000.00 may not require a Public Construction Bond; however, pursuant to The Code of Indian River County, Indian River County as Owner shall make only one payment for the entire amount of the related applicable Work Authorization when the terms of the related applicable Work Authorization have been fulfilled. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.2 Progress Payments: The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Work Authorization. 6. INSURANCE AND INDEMNIFICATION. 6.1 The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Contractor's insurance. 6.2 The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. 136 6.3 The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other than Automobile $1,000,000.00 Combined single limit for Bodily Injury and Property Damage Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile $1,000,000.00 Combined single limit Bodily Injury and Damage Liability A. Owner Leased Automobiles B. Non -Owned Automobiles C. Hired Automobiles D. Owned Automobiles 6.4 The Contractor shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional Insured must accompany the Certificate of Insurance. 6.5 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.6 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 137 6.7 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 Termination for Cause The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the COUNTY may have under this Contract or under law: (1) if in the COUNTY's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the COUNTY's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) CONTRACTOR submits a false invoice to the COUNTY. 7.3 COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the COUNTY. If the CONTRACTOR fails to correct or cure within the time provided, COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize CONTRACTOR to restore any work sites. 7.4 The CONTRACTOR shall be liable for: (1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce its rights herein. 138 7.5 Termination for Convenience COUNTY may at any time and for any reason terminate CONTRACTOR's services and work for COUNTY's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the COUNTY. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 7.6. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUNTY may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Request for proposal. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Request for proposal dated April 28, 2020 (including addenda _ through _) shall be incorporated herein. 8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no 139 deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 8.9.2 Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. 8.9.3 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 140 contract term and following completion of the contract if the contractor does not transfer the records to the County. 8.9.4 Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 8.9.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsaircqov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 8.9.6 Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 8.10 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Contractor: Indian River County Attn: John Boyer, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may 141 change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 9. FEDERAL CLAUSES 9.1 COUNTY and CONTRACTOR will adhere to the following, as applicable to this work [delete any clauses that are not applicable]: 9.2 Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: 9.2.1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 9.2.2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 9.2.3 The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided 142 advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 9.2.4 The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 9.2.5 The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.2.6 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.2.7 The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 9.3 Davis -Bacon Act, as amended (40 U.S.C. 3141-3148) 9.3.1 Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work 143 is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 9.3.2 Withholding. COUNTY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary 144 to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the COUNTY may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 9.3.3 Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 145 (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not Tess than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 9.3.4 Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not Tess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Tess than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not Tess than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the 146 applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 9.3.5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 9.3.6 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 9.3.7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 9.3.8 Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9.3.9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 147 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 9.3.10 Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 9.4 Copeland "Anti -Kickback" Act. 9.4.1 Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 9.4.2 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 9.4.3 Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 9.5.1 Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 9.5.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 9.5.3 Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor 148 for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 9.5.4 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 9.6 Clean Air Act 9.6.1 The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 9.6.2 The contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 9.6.3 The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 9.7 Federal Water Pollution Control Act: 9.7.1 The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 9.7.2 The contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 9.7.3 The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 9.8 Energy Policy and Conservation Act 9.8.1 The Contractor agrees to comply with 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. 9.9 Debarment and Suspension 9.9.1 This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 9.9.2 The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 9.9.3 This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State o Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or deba rment. 9.9.4 The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract 149 that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.10. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) 9.1 Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 9.11 Procurement of Recycled/Recovered Materials 9.11.1 In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. 9.11.2 Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. 9.12. Access to Records 9.12.1 The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 9.12.2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 9.12.3 The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.13 DHS Seal, Logo, and Flags The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 9.14 Compliance with Federal Law, Regulations, and Executive Orders CONTRACTOR acknowledges that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.15 No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 150 9.16 Program Fraud and False or Fraudulent Statements or Related Act The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 9.17 Affirmative Steps CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 151 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to COUNTY and CONTRACTOR. All portions of the Contract Documents have been signed or identified by COUNTY and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). COUNTY: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 152 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION kJ. DATE: June 25, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms and Authorization to Negotiate - RFQ 2020031 Professional Roof Design, Evaluation and Construction Oversight for Continuing Services Agreement BACKGROUND: On behalf of the Public Works Department and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for professional consulting services related to roof design, evaluation and construction oversight. Previous agreements were awarded by the Board on April 15, 2014 to REI Engineers, Inc. and Jay Ammon Architect, Inc. The proposed term of award is three years with one three-year renewal term. RFQ RESULTS: Advertising Date: February 20, 2020 RFQ Opening Date: March 18, 2020 DemandStar Broadcast to: 486 Subscribers RFQ Documents Requested by: 21 Firms Replies: 7 Firms ANALYSIS: A selection committee comprised of Rich Szpyrka, P.E., Public Works Director, Vincent Burke, P.E., Director of Utilities Services, James Ennis, P.E., Assistant Public Works Director/County Engineer, Michael Heller, Engineering Project Specialist, and Andy Sobczak, Chief of Environmental Planning and Code Enforcement independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ and the Purchasing Manual. The three top ranked firms were invited to participate in the discussion phase, and at the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. The final ranking of firms is: 1. REI Engineers, Inc. 2. Jay Ammon Architect, Inc. 153 3. A/R/C Associates, Inc. 4. Raymond Engineering - GA Inc. 5. WJA Consultants, LLC 6. Gale Associates, Inc. 7. Jeffrey Igoe Architects Staff is prepared to begin negotiations with the three top ranked firms and bring final agreements to the Board at a meeting in the near future. FUNDING: Although no funding is directly allocated for these continuing contract services, funds are available within project specific County Accounts for these services. Following extension of the Agreements, County Staff will present tasks to the Board as individual Work Orders prior to commencement. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the three top ranked firms in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firms fail. 154 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 25, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2020041— Exterior Painting at Administration Buildings A and B BACKGROUND: On behalf of the Public Works Department, sealed bids were requested for pressure washing, priming, sealing and painting the exterior of the Administration Buildings A and B, dumpster hides and Utilities Drive Through. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: May 14, 2020 June 16, 2020 345 Vendors 17 Vendors 8 Vendors Firm Location Bid :Price Five12 Painting & Remodeling, LLC Orlando $67,361.00 Eagle Painting Sunrise $69,782.00 Roof Painting By Hartzell Pompano Beach $70,248.00 Mario's Painting and Services, Inc. Hialeah Gardens $84,468.75 Specialized Property Services, Inc. Tampa $87,808.00 A. Thomas Construction, Inc. Fort Pierce $93,000.00 Quick Painting Group Corp. Orlando $96,800.00 Abacron (*DQ— mandatory addenda not acknowledged) Tampa DQ ANALYSIS: The Public Works Department has recommended award to Five12 Painting and Remodeling, LLC as the lowest, responsive and responsible bidder. 155 SOURCE OF FUNDS: Funding in the amount of $67,361 is budgeted and available in General Fund/Facilities Management/Other Contractual Services/ Sealing/Painting Admin Buildings- Account # 00122019- 033490-19012. RECOMMENDATION: Staff recommends that the Board award bid 2020041 to Five12 Painting and Remodeling, LLC, approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, receipt and approval of the required insurance, and after the contractor has obtained the appropriate specialty competency card from the Building Division. Attachment: Sample Agreement 156 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Exterior Painting at Indian River County Administration Buildings ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Exterior Painting at Indian River County Administration Buildings A&B Bid Number: 2020041 Project Address: 1800 and 1801 27th Street, Vero Beach ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $566.00 for each calendar day that expires after the time specified in paragraph 3.02 157 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 158 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 159 C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to _, inclusive); (2) Notice to Proceed (3) Public Construction Bond (pages to , inclusive); (4) Certificate(s) of Liability Insurance (5) Invitation to Bid 2020041 (6) Addenda (numbers to , inclusive); 160 (7) CONTRACTOR'S Bid Form (pages _to , inclusive); (8) Bid Bond (pages _ inclusive); (9) (10) Drug Free Workplace Form (pages _ to _, inclusive) (11)Affidavit of Compliance (page _); (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _to _, inclusive); (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (14) Certification Regarding Lobbying (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 161 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. (3) 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 County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 162 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 163 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement ,in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 164 This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: License. No. Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is :a corporation or a partnership, attach evidence of authority to sign.) 165 State of Florida Nineteenth Judicial Circuit Chambers of NICOLE P. MENZ COUNTY JUDGE 2000 16th Avenue Vero Beach, FL 32960 772-770-5072 Fax - 772-770-5477 June 29, 2020 RE: Award of the 2020/2021 Alcohol and Other Drug Abuse Treatment Fund And Designation of Indian River County's Problem Solving Courts As A Chosen Program Recipient Background: Section 893.165, Florida Statutes, allows the Indian River County Board of County Commissioners to create the Alcohol and Other Drug Abuse Trust Fund to be used for disbursing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education programs. The Indian River County Board of County Commissioners established the Indian River County Alcohol and Other Drug Abuse Trust Fund in section 305.07 of the Indian River County Code of Ordinances. The funds are derived from court assessments on drug offenses. The total amount in the trust fund as of May 31, 2020 is $296,716.93 and it accrues approximately $15,000 annually. From October 1, 2019 through May 31, 2020, the fund received $25,663.93 in revenue and $817 was spent in drug testing fees. (This is a significantly reduced amount due to the COVID 19 pandemic and the closing of drug testing sites) History of Programs: Indian River County's Drug Court currently has 31 participants and has graduated 434 since May 2002. The Mental Health Court has 85 participants with 152 graduating since the program began in January 2015. The Veterans Treatment Court currently has 12 participants and has graduated 39 since September 2013. The programs have expeditiously and efficiently moved people from jail into treatment programs without compromising public safety. They also isolate and focus upon defendants with substance abuse issues who need appropriate treatment. Drug addiction requires random and frequent testing to serve as a true deterrent, which can be costly to many, although the frequency decreases once they are involved in treatment and meetings. Many graduates have admitted that drug testing was the biggest deterrent to relapse. Many individual indigent defendants have not been able to participate in the problem solving courts because of the cost of substance abuse testing and treatment. All of the programs require that defendants test frequently at the Substance Awareness Center. The cost of drug testing is $30 per week (or $16-30 per test for some) or approximately $1500 per year per participant and drug treatment ranges from $50 per week for outpatient to $12,000 for inpatient drug treatment. The participants are drug/alcohol tested at least twice monthly and up to five times per week. In May 2019, the Substance Awareness Center increased the cost of drug testing to $19 per test. Once awarded, these trust funds would be used to help offset the cost of indigent drug/alcohol screening and substance abuse treatment for the defendants participating in problem solving courts that cannot otherwise afford to participate and/or pay for their testing and/or treatment. Previous action: In 2004, the Indian River County Board of County Commissioners awarded $2,000 in funds to be used for drug court participants that could not afford evaluations, treatment or testing and were required to repay the monies if they had the ability to do so. In years 2017 and 2018, the Commission awarded up to $25,000 for substance abuse treatment and testing for the problem solving court participants (drug, mental health & veteran courts). Financial Impact: The funds are from user based fees and will not have an impact on the budget. The funds are in the Alcohol and Other Drug Abuse Trust Fund and upon approval, will be made available with a budget amendment from Drug Abuse Program Fund/Cash Forward - Oct 1st to Drug Abuse Program Fund/ Drug Test Program — acct# 12111069-088692 and Drug Abuse Program Fund/Other Professional Services- acct # 12111069-033190. The total amount in the trust fund as of May 31, 2020 is $296,716.93_ Request: That for the fiscal year 2020/2021, the Indian River County Board of County Commissioners designate the Indian River County's Problem Solving Courts as a chosen program recipient to receive up to $50,000 from the Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment and testing for the drug court, mental health and veteran treatment court participants in Indian River County that are indigent. In the event the defendants have the ability, they will be required to reimburse the funds. All applicants, testing and treatment would be preapproved by the presiding judge and team and submitted for reimbursement monthly or quarterly. {o C. MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: June 25, 2020 RE: Public Notice of Public Hearing Scheduled for July 14, 2020 to Consider an Ordinance to Amend Section 1100.13 (Sunset Date) of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, July 14, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1100.13 (SUNSET DATE) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA EXTENDING THE SUNSET DATE; PROVIDING FOR REFERENDUM FOR ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 166 [1, A1 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Brian Sullivan Legislative Affairs & Communications Manager DATE: June 29, 2020 SUBJECT: Review of 2020 Florida Legislative Session BACKGROUND The Florida Legislature adjourned the 2020 Florida Legislative Session on March 19th. During this year's Legislative Session, Indian River County was specifically involved in legislation related to the following: - Biosolids - High speed passenger rail County boundary between Indian River County and St. Lucie County - Renaming the Wabasso Causeway bridge the "A.B. Michael Bridge" - Short term vacation rentals Indian River County also received an appropriation of $750,000 toward the Indian River County North Sebastian Septic to Sewer Phase 2 project. Additionally, Indian River County staff and commissioners worked alongside fellow counties and the Florida Association of Counties to protect the home rule authority of Florida's local governments. STAFF RECOMMENDATION Direct staff to prepare a letter to the Indian River County Legislative Delegation thanking Senator Mayfield and Representative Grall for their support of Indian River County's 2020 Legislative priorities. 167 Review of 2020 Legislative Session FY 2020-2021 Budget Overview • The total budget for FY 2020-2021 is $92.2 billion. • Over $2.2 billion specifically for Department of Environmental Protection • $322 million for Everglades Restoration projects • $16o million for targeted water quality improvements to achieve measurable nutrient reductions in key waterways • $25 million for cost -share grants for water quality improvements (i.e., septic conversions and upgrades, other wastewater improvements) • $25 million for Indian River Lagoon Water Quality Improvements • SHIP Funding was vetoed • Allocation remains in Sadowski Trust Fund • Some portion may be recouped by CARES Act Funds North Sebastian Septic to Sewer Project • Indian River County received $75ok for the North Sebastian Septic to Sewer Project • This project will construct a gravity sewer system to service an area that abuts Sebastian River adjacent to the Indian River Lagoon • Approximately 114 parcels will connect to central sewer services and will provide a positive benefit to the Indian River Lagoon by reducing an estimated 3,534 pounds/yearofTotal Nitrogen and S70 pounds/year ofTotal Phosphorous from entering the environment • Total project cost is approximately $6 million ($4.35 million for sewer portion and $1.55 million for water portion SB 712: Clean Waterways Act • Comprehensive water quality legislation that implements recommendations from the Blue Algae Task Force • Includes language which preserves local government's authority to implement and maintain a moratorium or ban on the land application of biosolids • Transfers regulation of onsite sewage treatment and disposal systems from Department of Health to Department of Environmental Protection • Creates a wastewater grant program within Department of Environmental Protection that requires a so percent local match of funds: • Projects to upgrade onsite sewage treatment and disposal systems • Projects to construct, upgrade, or expand facilities to provide advanced waste treatment Projects to connect onsite treatment and disposal systems to central sewer facilities County Boundaries • Amended county boundary between Indian River County and St. Lucie County • Moves piece of property on east side of AiA wholly within Indian River County and moves development on west side of AZA wholly within St. Lucie County • Allows for clarity & more efficient provision of governmental services, including fire rescue services A.B. Michael Bridge Designation • Renamed Wabasso Causeway "A.B. Michael Bridge" after it was erroneously named "A.B. Mitchell Bridge" • Requested FDOT erect signage reflecting the designation Other Legislation • Higher Speed Passenger Rail. • Recycling Contracts. • ShortTerm Vacation Rentals • Impact Fees • Growth Management Looking Ahead t0 2021 Legislative Session • Late Session (March to May) • COVID-1g issues • Budget constraints • Post -Elections Review of 2020 Legislative Session [I¢1 -5 Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments April 22, 2020 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund") and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that - 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.' The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred "due to" the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second -order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund'payments. The statute also specifies that expenditures using Fund payments must be "necessary." The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. 1 168 is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 A cost is "incurred" when the responsible unit of government has expended funds to cover the cost. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: 1. Medical expenses such as: • COVID-19-related expenses of public hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. • Emergency medical response expenses, including emergency medical transportation, related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. • 2 169 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5 Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a State, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Nonexclusive examples of ineligible expenditures2 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.3 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 2 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expendedfor an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 3 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 170 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 4 171 Coronavirus Relief Fund Frequently Asked Questions Updated as of June 24, 2020 The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, ("Guidance").1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Eligible Expenditures Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and: do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the "substantially dedicated" condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a "substantially different use" for purposes of the Fund eligibility? Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Note that a public function does not become a "substantially different use" merely because it is provided from a different location or through a different manner. Forexample, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. 1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for- State-Territorial-Local-and-Tribal-Governments.pdf. 1 172 May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State's obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 2 173 Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a "broad range of uses" including payroll expenses for several classes of employees whose services are "substantially dedicated to mitigating or responding to the COVID-19 public health emergency." What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers' compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 3 174 May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. Are expenses associated with contact tracing eligible? Yes, expenses associated with contract tracing are eligible. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a `payroll support program" for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 4 175 May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-I9 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a "small business," and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security'Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social ' Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. 5 176 Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of "hazard pay"? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include "[pjayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency." Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. 6 177 Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government's per capita share of the statewide allocation. This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. This approach will ensure equitable treatment among local governments of all sizes. For example, a State received the minimum $1.25 billion allocation and had one county with a population over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion it received, or $450 million, to local governments within the State with a population of 500,000 or less. May a State impose restrictions on transfers of funds to local governments? Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below. Other restrictions are not permissible. If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue shortfalls, are the expenses associated with the issuance eligible uses of Fund payments? If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency, the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? Such expenditures would only be permissible if they are necessary for the public health emergency. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to the disposal of used personal protective equipment, would be an eligible expenditure. May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? No. The Guidance says that funding may be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such individuals. 178 May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial, local, or Tribal government? Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. May recipients use Fund payments to provide loans? Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act. Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury upon receipt by the unit of government lending the funds. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVED -19 pandemic. May funds be used to satisfy non-federal matching requirements under the Stafford Act? Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the Stafford Act. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. For example, a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. May Fund payments be provided to non profits for distribution to individuals in need of financial assistance, such as rent relief? Yes, non -profits may be used to distribute assistance. Regardless of how the assistance is structured, the financial assistance provided would have to be related to COVID-19. May recipients use Fund payments to remarket the recipient's convention facilities and tourism industry? Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to 8 179 the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. May a State provide assistance to farmers and meat processors to expand capacity, such to cover overtime for USDA meat inspectors? If a State determines that expanding meat processing capacity, including by paying overtime to USDA meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. The guidance provides that funding may be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to cover such an employee's entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-l9 public health emergency? As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 30, 2020. An employer may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act. May recipients deposit Fund payments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May governments retain assets purchased with payments from the Fund? 9 180 Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. Are Fund payments to State, territorial, local, and tribal governments considered grants? No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not considered to be grants but are "other financial assistance" under 2 C.F.R. § 200.40. Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Are Fund payments subject to other requirements of the Uniform Guidance? Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2 C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? Yes. The CFDA number assigned to the Fund is 21.019. If a State transfers Fund payments to its political subdivisions, would the transferred funds count toward the subrecipients' total funding received from the federal government for purposes of the Single Audit Act? Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2 C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program - specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. § 200.425. If a government has transferred funds to another entity, from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program 10 181 or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the Guidance. 1 11 182 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: June 29, 2020 SUBJECT: CARES Act Proposed Spending Plan and Funding Agreement BACKGROUND: In response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Securities Act (CARES Act) established the $150 billion Coronavirus Relief Fund. These funds are intended to assist governments with navigating the impact of the COVID-19 outbreak. The United States Department of the Treasury made direct payments to States and Counties with populations in excess of 500,000. The State of Florida has planned to disburse $1,275,285,790 to Counties with populations less than 500,000 who did not receive a direct allocation. Indian River County has been awarded an initial allocation of $6,976,333 through the State of Florida, Division of Emergency Management (FDEM). These funds will be paid in one lump sum payment, and will be audited to ensure compliance with program eligibility. All funds must be expended by December 30th, 2020 and could not have been included in the approved budget as of March 27, . 2020. Examples of eligible expenses include, but are not limited to, payroll expenses for public safety employees, actions to facilitate public health measures, expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, and any other expenses reasonably necessary to the function of government that satisfy the fund's eligible criteria. It is important to note that any expenses that are not in compliance with the CARES Act regulations will ultimately be the responsibility of the County. Unfortunately, the current CARES Act guidance does not provide clear direction on certain eligible expenses and leaves many issues open to interpretation. FDEM is currently working to issue further guidance on topics such as what documentation will be requested during the cost validation phase, etc. Indian River County's initial allocation of $6,976,333 is 25% of the total award amount of $27,905,332. At this time, FDEM has issued no guidance as to how the remaining 75%, or $20,928,999 will be reimbursed, or when grant agreements will be in place that award Counties their remaining allocation. Staff's current proposed plan details how the 183 initial $7M allocation will be spent, and does not directly address the remaining $21M. Staff feels that until further guidance is released, and a grant agreement is received, that expending these funds is not in the best financial interest of the County. ANALYSIS: The table below details Staff's proposed spending plan for the initial $6,976,333 allocation. Type of Expense Preliminary Funding Percentage Preliminary Funding Amount Municipalities 27.1% $1,900,000 COVID-19 Response: 2.9968% $209,067 Constitutional Officers 12.9% $900,000 BCC Expenses 20.0% $1,400,000 Health Department 7.1% $500,000 Other Healthcare Providers 2.9% $200,000 State Agencies 1.4% $100,000 Community Assistance: Economic Development 7.1% $500,000 Community Support 21.5% $1,500,000 Total 100% $7,000,000 Municipalities In the absence of direct guidance on the matter, staff is proposing to allocate 27% or approximately $1,900,000 to the Municipalities based on their currently allocated share of Optional Sales Tax and Half -Cent Sales Tax. The County will need to enter into grant agreements with each municipality, and approve spending plans before any agreements are finalized. Approving each municipality's spending plan in advance helps to ensure the County will not be ultimately responsible for any spending outside of what is deemed eligible. Payments to the municipalities will be made on a reimbursement basis to further ensure compliance. Please see the table below for a detail of the allocation for each municipality. As with all information provided for this agenda item, the amounts below represent the allocation for the initial 25% disbursement. The remaining 75% disbursement, when received will be distributed on the same percentage basis, unless different guidance is received from the State. Municipality Proposed Percentage Proposed Allocation Amount Allocation (25% Distribution) Fellsmere 2.9968% $209,067 Indian River Shores 2.2636% $157,916 Orchid 0.2275% $15,871 Sebastian 13.2494% $924,322 Vero Beach 8.7544% $610,736 Total - Municipalities 27.4917% $1,917,912 184 Constitutional Officers Staff has coordinated with each Constitutional Officer to compile an estimated 13% or $900,000 for COVID-19 related expenses through September 30th, 2020. The majority of these costs are for Personal Protective Equipment (PPE), disinfectant, IT purchases necessary to facilitate remote working capabilities, payroll expenses, and enhanced security at County facilities. For purposes of this analysis, any expenditures after September 30th will be allocated towards the remaining 75% allocation. BCC Departments Board of County Commissioner (BCC) expenses through September 30th are expected to total approximately $1,400,000 or 20% of the initial allocation. These costs include payroll expenses, IT purchases necessary to facilitate remote working capabilities, PPE, disinfectant of County facilities, and COVID-19 related educational campaigns. Health Department The Health Department has incurred significant costs related to COVID-19, and is in need of additional positions and resources to combat local outbreaks. Although the Health Department may receive CARES Act funding directly from other agencies, there is significant uncertainty on when these funds will be received as well as whether the funds will be sufficient to adequately position the Health Department to respond to the current pandemic as necessary. Testers, Contract Tracers, Health Educators, IT/Purchasing support, and Information Clerks are being proposed as part of the $500,000 or 7.1% of the initial allocation to be granted to the Health Department. Additional expenses include supplies necessary to carry out contract tracing such as computer hardware, as well as an allocation of some existing staff members reassigned to COVID-19 related activities. Additional funding needs are anticipated for the period following September 30th. Other Healthcare Providers Funding may be necessary for similar healthcare expenses associated with COVID-19 such as COVID-19 testing, serological testing, PPE, etc. provided by other local healthcare organizations. An allocation of $200,000, or 2.9% has been provided for this purpose. State Agencies Staff anticipates some level of expenses have, or will be incurred by State Agencies (e.g. Court System) currently funded by the County and is proposing $100,000, or 1.4% be set aside to cover those costs. Community Assistance As outlined in the County's funding agreement with FDEM, expenses associated with the provision of economic support in connection with the COVID-19 public health emergency are deemed eligible. Staff proposes to allocate $2,000,000 or approximately 28.6% of the initial allocation towards programs benefiting the local community and small businesses. Expenses may include PPE kits for local businesses, micro -grants for COVID-19 related expenditures, or 185 business stimulus grants. Details regarding grant program requirements and administration of said programs are currently being evaluated. Economic Development Staff proposes to allocate $500,000 out of the total $2 million from the Community Assistance Category to Economic Development. This allocation could provide funding for workforce training and development. Career Source Research Coast has provided a preliminary slate of programs as detailed further below: • Program that would provide residents with retaining and retooling skills for residents in the hardest hit industries (hospitality, food and beverage, etc.) for local in -demand industries. • Grants to assist for profit businesses to retrain or upskill existing employees to meet new market demands and retain workers. • Grants to fund paid work -based learning programs for displaced and or dislocated workers. Staff is also researching small business assistance grants that would provide assistance to businesses to cover expenses that were not adequately addressed by the Paycheck Protection Program (PPP) provided by the Federal Government. Several programs have been implemented in other counties, such as startup assistance, funding for PPE or direct provision of PPE kits to qualified small businesses. Staff has provided an attachment showing some micro business grants that have been implemented by other counties with CARES Act funds. Community Support Staff is also recommending a $1.5 million allocation for general community support to help residents negatively impacted economically by COVID-19. These funds could be allocated to various programs as detailed further below: • Food and feeding assistance programs such asfood banks, soup kitchens, etc. • Expenses to provide mental health service support for residents impacted by COVID-19. • Expansion of broadband to assist with distance learning particularly in rural areas (e.g. Fellsmere) and technology needs for families and nonprofits for distance learning and teleworking (please see attachment from the United Way of IRC). • Provision of food delivery service to residents, including senior citizens and other vulnerable populations through existing programs such as meals on wheels and the grocery shopping assistance program implemented for COVID-19 (please see attachment from Senior Resource Association). • Other assistance programs for utility costs, prescription medicine costs, rental /housing assistance, homeless services, etc. Please note that these various programs are being presented for consideration and general direction from the Board of County Commissioners as what, staff believes to be the most effective allocation of funds to benefit the residents and taxpayers of Indian River County in the ongoing efforts to endure and recover from the impacts of COVID-19. 186 The above-mentioned spending plan is based on estimates and is subject to change. As the County navigates the current rise in positive COVID-19 cases, additional expenses that were not originally included in the above analysis may become necessary. The allocation plan above applies to the initial 25% disbursement of CARES Act funds form the State of Florida. Due to the uncertainties and lack of definitive information on the remaining 75%, staff plans to update the Board on the second phase of COVED -19 related expenditures upon receipt of any further information regarding the remaining 75% allocation of $20,928,999. At that time, additional programs or costs may be considered for funding, as appropriate. RECOMMENDATION: Staff recommends that the Board of County Commissioners review the proposed funding plan and provide any direction to staff regarding potential adjustments to the plan. Staff recommends that the Board approve the proposed funding plan for the initial 25% disbursement of CARES Act funds as presented or with recommended modifications and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County administrator to sign any additional modifications. 187 July 1, 2020 TO: Jason Brown, Administrator Indian River County FROM: Michael Kint, CEO United Way of IRC P.O. Box 1960 Vero Beach, FL 32961-196o tel: 772-567-8900 UnitedWay(RC.org VolunteerindianRiverCounty.org United Way Center 183614th Avenue Vero Beach, FL 3296o RE: Possible Uses for CARES Act to the Citizens of IRC Jason, LIVE UNITED United Way of Indian River County Should United Way be a sub -grantee to manage some of the CARES Act funds to the community, here are some of the areas of need that could receive funding: • Expansion of broadband to assist with telelearning (e.g. — Fellsmere, rural areas) • Other technology needs for families and nonprofits to utilize telelearning (e.g. — families with multiple children need multiple devices for schooling) • Mental Health needs are beginning to skyrocket. Areas of need include expanding telemedicine, cost of mental health visits, costs of behavioral health prescriptions, etc.) • Legal assistance to renters and homeowners about to be displaced by landlords and financial institutions. Additionally, since mid-March, UWIRC's COVID-19 Community Response Fund has focused its funding in the following most critical areas: (not an all-inclusive list) • Food Supports (food banks & pantries, food delivery to seniors, emergency Meals on Wheels, food for the homeless and other food insecure populations, etc.) • Rental Assistance • Utility Assistance • Special supports for children • Special supports for veterans • Child Care Scholarships for up to 2 months for those returning to work (150% to 300% of poverty) Should the pandemic extend, CARES Act monies could be used for these critical need areas should we be unable to replenish our COVID-19 Fund monies. NOTE: UWIRC would utilize an Unmet Needs Committee structure to research and prioritize needs, be part of the decision making process and review reports from those receiving CARES Act funding. 188 Senior Resource ASSOCIATION Promoting Independence in our Community COVID-19 Funding Request for Three (3) Senior Programs Meals on Wheels Due to COVID-19 and the escalated demand to serve more homebound and food -insecure seniors in Indian River County, Senior Resource Association's Meals on Wheels program continues striving to find alternative funding. Due to the cancellation of fundraising events, our Meals on Wheels program has lost more than $90,000 in revenue since the onset of the pandemic. Yet, our number of clients has increased by 75%. As a result, SRA has experienced a growth in the number of meals delivered to homebound seniors from 5,509 per month to 9,641 per month — at a cost of more than $77,000 per month. With the escalation of positive COVID-19 cases increasing in Indian River County, safely feeding all at -risk seniors who are homebound and isolated is critical to their health and well-being. While we have received COVID Response grant dollars, the funds will quickly be depleted. Due to the current increase in COVID-19 cases within the county and volunteer illness/fear of contracting the disease, SRA may also need to hire temporary staff to deliver Meals on Wheels in addition to purchasing enough meals to feed everyone. Additional CARES Act funds from Indian River County will help us sustain feeding vulnerable seniors throughout the county and continue adding new, qualified seniors in need. Grocery Shopping Assistance Program Following the onset of COVID-19, Senior Resource Association implemented a Grocery Shopping Assistance program for seniors age 60+. The program helps keep older adults at home and safe while ensuring they have food and essential supplies. SRA staff pick up the grocery list from the client, do the shopping and delivery the same day, and collect payment at the time of delivery. Delivery is free of charge. The program has been widely accepted and requested. As the number of COVID-19 cases continue to increase, it will become increasingly important to encourage seniors, even those who are capable of shopping for themselves, to stay home and avoid crowded grocery stores. To continue the program, Senior Resource Association will need additional funding to cover administrative overhead and keep the grocery shopping delivery free of charge for seniors. Telephone Re -Assurance Program For Senior Resource Association's Meals on Wheels clients, their wellness visits by volunteers and staff during the daily delivery are equally important as the nutritional value of the meals. Homebound seniors are isolated and lack socialization. The wellness checks by SRA Meals on Wheels volunteers are often the clients' only form of socialization and it gives volunteers and staff an opportunity to check on the health of the senior. During the pandemic, meal deliveries were reduced to one time per week, forcing SRA staff to make wellness phone calls in lieu of personal visits. It is important that our isolated seniors are re -assured SRA will continue checking on them. With a 75% increase in Meals on Wheels clients since March 2020, the number of wellness phone calls have increased at the same rate. Senior Resource Association will need funding assistance to help offset overhead expenditures, including hiring temporary help as needed. 694 14th Street, Vero Beach, FL 32960 772.569.0760 fax 772.778.7272 SeniorResourceAssociation.org 189 Ca ree.rSou rce RESEARCH COAST COVID-1 9 WORKFORCE RECOVERY PROGRAMS CareerSource 44, RESEARCH COAST COVID-19 WORKFORCE RECOVERY PROGRAMS PROPOSAL WORKFORCE TRAINING AND DEVELOPMENT: Grants to assist Indian River County residents in hardest-hit industries (hospitality, entertainment, food and beverage, personal services, etc.) to retrain and retool skills for local in -demand industries and occupations. 1. CSRC will provide scholarships for short term training and certifications in in -demand skills for industries that are hiring. • Eligible residents may receive up to $10,000.00 in scholarship grant funds. • CSRC will utilize the following scale to award grants: o Up to $5,000.00 to cover cost of tuition, books, and fees. CSRC will provide job placement support to participants. Grants to assist Indian River County for-profit businesses to retrain or upskill existing employees to meet new market demands and retain workers. 2. CSRC will provide Layoff Aversion/Incumbent Worker Training services up to $10,000.00 to eligible businesses. • CSRC will utilize the following scale to award grants to employers who retain and retrain current employees: o 3-10 full-time employees up to $5,000.00 o 1 1-25 full-time employees up to $7,500.00 o 26-50 full-time employees up to $10,000.00 Grants to fund paid work -based learning programs for displaced and or dislocated workers. 3. CSRC will provide On the Job Training Grants to eligible business up to $10,000.00 to hire and train impacted workers. • CSRC will utilize the following scale to award grants: o • 3-10 full-time employees up to $5,000.00 o • 1 1-25 full-time employees up to $7,500.00 o • 26-50 full-time employees up to $10,000.00 Evaluate workforce readiness opportunities and programs to assist impacted workers in overcoming barriers to employment. • CSRC will assess and provide job readiness soft skills training to assist impacted applicants to master the soft skills required to attain and retain a job to achieve long term career success. Program Eligibility/Requirements • Residents and businesses participating in the programs must have suffered economic injury due to COVID-19, or a business must be hiring a resident economically injured by COVID-19. • Business must be in recovery mode, open and operational in some fashion consistent with the Governor's guidelines, CDC guidance and market realities. • Administered as a Countywide program through an agreement with CSRC and Indian River County, and in collaboration with the EDC 191 t. E E s $ "1 g g g t 3g.8 c . a .i 3� _ C c e Y 2 §e tical Et 8 8FF @ gC 8 1 A . 8 r 5 v E ' z E Q oxau4 deo E.to _ 6 mgc 5- o;Eo 2 .2 Ead: 9 e _n2 C& wo -�: , 1 e 'E y °E Irg 2 3 Yy s 1 ;zEt Yg2g S E q^ rY "has s8 2g v gym§ -'. % "€ »"a 01 �3 g `Y - a a Y E Ee S -ri u - ;a x3 E r E i^ loa $ ox cr c 6 g '& i2 ' d 3 .s,a2 Z p 84. m 1 P Y S �� 5 6 E 2 Es E i g6 C 8� Y o 6 o E 2 b'" 2E E� gBn 8 5 s m Ey0 1 E 2 b= 9z d Ea , I �E x 9 i w .. .2 Ri .. �. .. .. r - 'c a A `e 2gtr 'a 3-� v E, 8�.,$a LA 22 00 p s - 1 .25_ C2m 8 C� P 1 i8 ^FSE 2929287 0 ssn ;. 0 IA fr°� a^ a% 2 k c ..-9 2 Y • z E8FE = 2 .' F_ - ID s^ 'tl a 89 X522 €E 2 _ i "D S^ a 222 IgE x 5 2 pyo 3 222 �y 8€ ='2 !' 5 §. 8 $ k 5 I ga §k o S 5 5 `s 8 s 8 5 5 R i' Z L E 3 '^ F L a - > L E V 's 0 o i 5 s a 1 c € - i 3 E s L t 5 v Agreement Number: Y2282 CARES ACT FUNDING AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or "Recipient"), and Indian River County, (hereinafter referred to as the "County" or "Subrecipient"). This agreement is entered into based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the purposes identified herein; and B. The Division has received these funds from the U.S. Department of Treasury through the State of Florida and has the authority to distribute these funds to the Subrecipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. D. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida and 45% was allocated to counties. E. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to counties with a population in excess of 500,000. F. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with populations less than 500,000. Therefore, the Division and the Subrecipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment or reimbursement. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Subrecipient and the Division will be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 1 (2) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Program Manager for the Division will monitor and document Subrecipient performance. b. The Division's Program Manager for this Agreement is: (3) Wesley Sapp Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 815-4431 Email: Wesley.Sapp@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Allison McLeary Division of Emergency Management 2555 Shumard Oak Blvd Telephone: 850-815-4455 Email: Allison.McLeary@em.myflorida.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION This agreement may not be modified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1, 2020 and shall end on December 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during the specific agreement period." (7) FUNDING a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, and the Florida Constitution. b. This is a modified reimbursement agreement. The State, through the Division, will make an initial disbursement to the county of 25% of the total amount allocated to the county according to the United States Department of the Treasury. Any additional amounts will be disbursed on a reimbursement basis. 2 c. Subrecipients may use payments for any expenses eligible under section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance. Payments are not required to be used as the source of funding of last resort. d. The Division's Program Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. e. For the purposes of this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. f. As required by the Reference Guide for State Expenditures, 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. g. Counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act. However, counties are responsible for the repayment of funds to the Division for expenditures that the Division or the Federal government determines are ineligible under the CARES Act. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that1— i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used in a manner consistent with section 601(d) of the Social Security Act. i. Examples of Eligible Expenses include, but are not limited to: i. Medical expenses ii. Public health expenses iii. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. v. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency. vi. Any other COVID-19 – related expenses reasonably necessary to the function of government that satisfy the fund's eligibility criteria. (8) INVOICING a. In order to obtain reimbursement for expenditures in excess of the initial 25% disbursement, the Subrecipient must file with the Division Grant Manager its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: ' https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial- Local-and-Tribal-Governments.pdf 3 By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Division provisionally determines are eligible under the CARES Act. However, the Division's provisional determination that an expenditure is eligible does not relievethe county of its duty to repay the Division for any expenditures that are later determined by the Division or the Federal government to be ineligible. RECORDS a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Subrecipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-management/general-records- schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. 4 (10)AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Subrecipient's performance under this Agreement, the Division must use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Subrecipient's fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 . Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11)REPORTS a. The Subrecipient must provide the Division with quarterly reports and a close-out report. These reports must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 5 b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and must be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. c. The"close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. d If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Subrecipient must provide additional program updates or information that may be required by the Division. (12)MONITORING In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13)LIABILITY Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14)DEFAULT a. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds will, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement or any . previous agreement with the Division is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this 6 Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. d. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; e. If the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (15)REMEDIES If an Event of Default occurs, then the Division may, after thirty (30) calendar days written notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Subrecipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, iv. require the Subrecipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible, or v. request the Department of Revenue to withhold from any future payment due to the county under the Revenue Sharing Act of 1972 described in Part II of Chapter 218, Florida Statutes, or the Participation in Half Cent Sales Tax Proceeds described in Part IV of Chapter 218, Florida Statutes, an amount equal to any repayment due to the Division under this Agreement. f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Subrecipient. (16)TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Division of Emergency Management Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line 7 with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the Division because of any breach of this Agreement by the Subrecipient. The Division may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Division from the Subrecipient is determined. (17)ATTACHEMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, but only to the extent of the conflict or inconsistency. (18)PAYMENTS a. The State of Florida, through the Division, will make a disbursement of each County government's allocation as calculated by the United States Department of the Treasury. Funding for Indian River County is in the amount of $6,976,333.00. (19)REPAYMENTS a. All refunds, return of improper payments, or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Subrecipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20)MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the Division and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Leon County. If any 8 provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement will survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. j. The Division reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this Agreement. k. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the Division. I. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida Statutes. 9 m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. n. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the Division. p. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act, the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. (21)LOBBYING PROHIBTION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." e. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. i. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. iii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient must complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iv. The Subrecipient must require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipient s shall certify and disclose. v. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed 10 by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. (22)LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. (23)ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment C. (24)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 11 iv. The contractor will send to each labor union or representative of workers with which he hasa collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (25)COPELAND ANTI -KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 12 iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI -LOBBYING AMENDMENT 13 a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: i. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Subrecipient. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the following affirmative steps to assure that minority businesses, women's business. enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as 'socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude the Subrecipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 14 SUB -RECIPIENT: By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Date: Name and Title 15 EXHIBIT 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project — State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance Title: Catalog of State Financial Assistance Number: 16 Attachment A CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY. CERTIFICATION I, , am the Authorized Agent of Indian River County County ("County") and I certify that: 1. I have the authority on behalf of County to request grant payments from the State of Florida ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 2. I understand that the State will rely on this certification as a material representation in making grant payments to the County. 3. I acknowledge that County should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with section 601(d) of the Social Security Act. 4. I acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General, the Florida Division of Emergency Management, and the Florida State Auditor General, or designee. 5. I acknowledge that County has an affirmative obligation to identify and report any duplication of benefits. I understand that the State has an obligation and the authority to deobligate or offset any duplicated benefits. 6. I acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7. I acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the United States Department of the Treasury. 8. I acknowledge that the County's proposed uses of the funds provided as grant payments from the State by federal appropriation under section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for County; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below. By: Name and title: Date: 17 Attachment A - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned sub -recipient, Indian River County, certifies, to the best of his or her knowledge that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. The sub -recipient, Indian River County, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, sub -recipient understands and agrees that the provisions of 31 U.S.C. Sec. 3801 et seq. apply to his certification and disclosure, if any. By: Name and title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and title Date: 18 Attachment B PROGRAM STATUTES AND REGULATIONS 42 USC 601(d) CARES Act Section 215.422, Florida Statutes Section 215.971, Florida Statutes Section 216.347, Florida Statutes CFO MEMORANDUM NO. 04 (2005-06) Creation of the Coronavirus Relief Fund (CRF) Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Agreements funded with federal and state assistance Disbursement of grant and aids appropriations for lobbying prohibited Compliance Requirements for Agreements 19 13, /fid MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 26, 2020 SUBJECT: City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement BACKGROUND. In April 2011, the Indian River County Board of County Commissioners (the "Board") gave notice to the City of Vero Beach (the "City") of its intention not to renew the water or wastewater franchises that were set to expire on March 4, 2017. Since that time the City has continued to serve those unincorporated areas of Indian River County that were served by the City prior to the expiration of the franchises. Indian River County staff have been negotiating a new water, wastewater and reclaimed water franchise agreement with City staff. However, those negotiations have stalled. Please find attached the most recent draft that was sent to the City on March 5, 2020. The agreement attempts to mirror the franchise agreement between the City and the Town of Indian River Shores and preserve the current County rate structure, plus the franchise fee, for those customers located in the unincorporated areas of Indian River County. County staff has not received any input from the City since March 5th The County Attorney's Office would like authorization from the Board to attend the next City Council meeting on July 21St to receive input from the City Council on the franchise agreement. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners authorize the County Attorney to attend the next City Council meeting, if possible, to discuss with the City Council the proposed water, wastewater and reclaimed water franchise agreement. ATTACHMENTS Proposed Water, Wastewater and Reclaimed water franchise agreement 193 City of Vero Beach Water Service Area Indian River County . `C 2_t .rA1 -.1-1:1,. -' -- -' �3 .. ,.�` I. i iii ; ;--?t'._•1i:reit" ; 'r---, '. *ii ii !1I _JI 5' i l 11:11 i U`, 1!J �'l\ t 1 i i I I • I I ' y\ . 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Collins Brown Barkett, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 WATER, WASTEWATER, AND RECLAIMED WATER FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF VERO BEACH, FLORIDA THIS WATER, WASTEWATER, AND RECLAIMED WATER FRANCHISE AGREEMENT (hereinafter "Franchise Agreement") is entered into as of the day of , 2020, (hereinafter "Effective Date") by and between Indian River County, Florida (hereinafter "INDIAN RIVER COUNTY") and the City of Vero Beach, Florida (hereinafter "VERO BEACH"). WHEREAS, INDIAN RIVER COUNTY is a political subdivision of the State of Florida, with all powers necessary to carry on county government, as set forth generally in Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in Chapter 59-1380, Laws of Florida, and, consistent therewith, has the power and authority to execute and deliver this Franchise Agreement and to carry out its respective obligations hereunder; and WHEREAS, VERO BEACH is a municipal corporation duly incorporated, validly existing, and in good standing under the laws of the State of Florida, with all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services and, consistent therewith, has the power and authority to execute and deliver this Franchise Agreement and to carry out its respective obligations hereunder; and WHEREAS, pursuant to such municipal powers VERO BEACH is in the business of furnishing water, wastewater, and reclaimed water utility services and any component of such services within and without the corporate limits of VERO BEACH; and WHEREAS, VERO BEACH provides water and wastewater utility services to portions of the unincorporated areas of INDIAN RIVER COUNTY, pursuant to franchises granted by INDIAN RIVER COUNTY in Resolutions 87-13 (water) and 87-14 (wastewater), both effective as of March 5, 1987 (collectively, the "Franchise Resolutions"); and 195 WHEREAS, on September 19, 1989, INDIAN RIVER COUNTY and VERO BEACH entered into that Agreement Between Indian River County and the City of Vero Beach Setting Water Service Areas for Water and Sewer Service; Memorializing Certain Water and Sewer Allocations; and Repealing Prior Agreements, dated August 18, 1989 (the "Service Area Agreement"); and WHEREAS, although the franchises granted in the Franchise Resolutions expired on March 4, 2017, VERO BEACH and INDIAN RIVER COUNTY have been negotiating in good faith on this new Franchise Agreement for water, wastewater, and reclaimed water utility service within those unincorporated areas of Indian River County currently served by VERO BEACH which is a portion of the overall City of Vero Beach Water Service Area set forth in Exhibit "A" (the "County Area"); and WHEREAS, INDIAN RIVER COUNTY and VERO BEACH both acknowledge that INDIAN RIVER COUNTY and VERO BEACH disagree regarding ownership of the infrastructure constituting the water, wastewater and reclaimed water system within the County Area and thus nothing in this Franchise Agreement is intended to be deemed as an acknowledgement that VERO BEACH does or does not own any of the infrastructure constituting the water, wastewater and reclaimed water system within the County Area; and WHEREAS, this Franchise Agreement has been duly authorized by all action and performance of all pre -conditions required to be taken respectively by each party, has been duly executed and delivered by them, and constitutes a valid and binding obligation of each party enforceable in accordance with its terms, NOW, THEREFORE, in consideration of the foregoing and the mutual benefits to be derived from compliance by the parties with the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are adopted and incorporated herein. Section 2. Conditions Precedent. Notwithstanding anything to the contrary contained herein, this Franchise Agreement shall not become effective until and unless the appropriate franchise ordinance or resolution is formally adopted by the Board of County Commissioners of INDIAN RIVER COUNTY approving this Franchise Agreement and granting to VERO BEACH the Franchise contemplated herein. Section 3. Franchise Grant. INDIAN RIVER COUNTY hereby grants to VERO BEACH, with all rights and privileges attendant thereto, an exclusive Franchise to construct, maintain, and operate water, wastewater, and reclaimed water utility systems within the County Area and to provide water, wastewater, and reclaimed water utility services to customers currently served by VERO BEACH within the County Area. INDIAN RIVER COUNTY may grant additional non-exclusive reclaimed water franchises to customers 196 not currently being served by VERO BEACH. Such water, wastewater, and reclaimed water utility systems shall consist of all water, wastewater, and reclaimed water facilities (including, pipes, fixtures, mains, valves, meters, tanks, lift stations, etc., and communication and electric lines for water, wastewater, and reclaimed water utility system use) for the purpose of supplying water, wastewater, and reclaimed water utility service to the County Area, the inhabitants thereof, and persons and entities beyond the jurisdiction of INDIAN RIVER COUNTY thereof. Section 4. Initial Franchise Term and Renewal. The initial term of this Franchise Agreement and the Franchise granted hereunder shall be for a period of Thirty (30) years commencing on the Effective Date. INDIAN RIVER COUNTY shall have the option to renegotiate the terms of the Franchise Agreement before the fifteenth (15th) yearly anniversary date from the Effective Date or to terminate the Franchise Agreement on the fifteenth (15th) anniversary date. INDIAN RIVER COUNTY, should it desire to renegotiate or terminate, shall give Four (4) years written notice before the fifteenth (15th) anniversary date, otherwise the Franchise shall continue uninterrupted under the terms and conditions of this Agreement. This Franchise Agreement and the Franchise granted hereunder shall automatically renew for additional Fifteen (15) year terms unless either party shall send written notice to the other party at least Four (4) years prior to the date of expiration of the initial term and thereafter such subsequent term as the case may be. In no event shall this Franchise Agreement or the Franchise terminate prior to expiration of any Fifteen (15) year period, except as otherwise provided herein for default. Section 5. Additional Customers. VERO BEACH may provide water, wastewater, and/or reclaimed water utility services to new customers in the unincorporated areas of Indian River County outside of the County Area currently served by VERO BEACH as of the Effective Date of this Franchise Agreement only upon request of such new customers and after appropriate approvals by INDIAN RIVER COUNTY. Such modification shall be approved per section 8 of this Franchise Agreement. Section 6. Utility Rates and Fees. The rates for water, wastewater, and reclaimed water utility services established and charged by VERO BEACH for customers within the County Area shall be no greater than the rates for such utility services as published by the Indian River County Department of Utility Services or its successor (hereinafter "IRC Utilities") or the Equivalent Residential Unit schedule set forth in the Indian River County Code of Ordinances for the various rate classifications served. Likewise, any and all other fees and charges established and imposed by VERO BEACH shall correspond to such fees and charges assessed by IRC Utilities and shall be no greater than those imposed by IRC Utilities in each rate classification. All fees and charges related to fire hydrants, if any, shall also be in conformance with such fees or charges imposed by Indian River County or IRC Utilities. The rates, fees, and other charges assessed shall be adjusted by VERO BEACH within 60 calendar days after any adjustment by IRC Utilities or the Indian River County Board of County Commissioners of its corresponding rates, charges, and fees. VERO BEACH shall assign the same number of Equivalent Residential Units to customers within the County Area as would be assigned to the customers under the INDIAN RIVER COUNTY Equivalent Residential Unit schedule set forth in the Indian 197 River County Code of Ordinances. VERO BEACH shall not assign a higher number of Equivalent Residential Units based upon meter size, unless expressly authorized by the INDIAN RIVER COUNTY Equivalent Residential Unit schedule set forth in the Indian River County Code of Ordinances. Section 7. Developer Agreements. VERO BEACH shall have the authority to enter into agreements with developers of real estate projects and other consumers within the County Area. Developer agreements entered into by VERO BEACH shall be fair, just, and non-discriminatory, and generally have the same content as developer agreements for projects within the corporate limits of VERO BEACH and shall require consent of INDIAN RIVER COUNTY. Such agreements may include but are not limited to provisions relating to: (a) Advance payment of contributions in aid of construction to finance water, wastewater, or reclaimed water utility system expansion and/or extension. (b) Revenue guarantees or other such arrangements as may make the expansion/extension self supporting. (c) Capacity reservation fees. (d) Pro rata allocation of water and wastewater plant expansion/main extension charges between two or more developers. Section 8. Franchise Service Area Boundary Changes. The County Area covered by this Franchise Agreement may be expanded or contracted to include or exclude lands by mutual agreement between INDIAN RIVER COUNTY and VERO BEACH. Such mutual agreement must be approved by the Board of County Commissioners of INDIAN RIVER COUNTY and the City Council of VERO BEACH. Section 9. Easements and Other Rights. VERO BEACH shall have all rights, privileges, easements, licenses, leaseholds, prescriptive rights, and rights to use public roads, rights- of-way, highways, streets, and other areas owned, held, and/or used in connection with the construction, reconstruction, installation, maintenance, and operation of the water, wastewater, and reclaimed utility systems (collectively "Easements"). INDIAN RIVER COUNTY will assist VERO BEACH in obtaining any such Easements needed by VERO BEACH for performance of this Franchise Agreement. Any expense incurred by INDIAN RIVER COUNTY in providing such assistance shall be reimbursed by VERO BEACH. Section 10. Consideration. In consideration of the Franchise and the other rights and privileges granted herein to VERO BEACH: (a) VERO BEACH shall provide, at its own expense, maintenance, repairs, and replacements of the water, wastewater, and reclaimed water utility facilities used by VERO BEACH in its performance of this Franchise Agreement. 198 (b) Notwithstanding section 180.191, Florida Statutes, VERO BEACH shall not charge any surcharge to water and wastewater use charges incurred by customers served by VERO BEACH in the County Area. (c) VERO BEACH shall not charge impact fees, connection charges, capacity charges, assessments, capital recovery charges, or any form thereof to customers within the County Area that are existing and receiving service from VERO BEACH on the Effective Date. The expense for any capital improvements undertaken by VERO BEACH within the County Area to serve such existing customers shall be borne solely and completely by VERO BEACH. Notwithstanding the foregoing language to the contrary, such restriction on fees, charges, and other assessments shall not apply to any new connections for any new services, whether an existing or new customer. (d) INDIAN RIVER COUNTY may charge to VERO BEACH a franchise fee up to six percent 6% of the gross revenues received by VERO BEACH from the sale of water, and wastewater services in the County Area. Such fee shall be shown on the customers' bills as a separate line item. VERO BEACH acknowledges and agrees that such fee is an acceptable, bargained -for fee, which is reasonably related to the value of the benefits given by INDIAN RIVER COUNTY and received by VERO BEACH, and the expenses incurred by INDIAN RIVER COUNTY, as a result of this Franchise Agreement. VERO BEACH also acknowledges and agrees that a fee of six percent (6%) shall initially be charged by INDIAN RIVER COUNTY on water and wastewater services in the County Area, and shall remain in effect during the term of this Franchise Agreement, unless revised by INDIAN RIVER COUNTY, in its sole discretion. VERO BEACH shall remit the franchise fee to INDIAN RIVER COUNTY monthly in the same manner as remitted under the Franchise Resolutions and without any interruption after the expiration of the Franchise Resolutions. Section 11. Service Standards. VERO BEACH shall construct, maintain, and operate all water, wastewater, and reclaimed water facilities and systems in accordance with the applicable regulations of the Federal Government and the State of Florida, as well as meet all level -of -service standards pursuant to applicable comprehensive plans. The quantity and quality of water delivered shall at all times be and remain not inferior to the applicable standards for public water supply and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. The quantity and quality of wastewater service provided and sold shall at all times be and remain not inferior to the applicable standards for public wastewater service and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. VERO BEACH shall supply all water to consumers through meters which shall accurately measure the amount of water supplied in accordance with normally accepted utility standards. VERO BEACH shall submit the consumer confidence reports ("CCR") annually to INDIAN RIVER COUNTY within 30 days of posting the CCR. Section 12. Manner of Service. In performance of this Franchise Agreement VERO BEACH shall: 199 (a) Provide continuous (subject to unavoidable interruptions or outages), adequate, and customary water, wastewater, and reclaimed water utility services to customers in the County Area. Water shall be provided at a minimum of 40 PSI at the meter of any user. (b) Operate, regularly maintain, and promptly repair when necessary the water, wastewater, and reclaimed water utility facilities and systems in order to continue adequate service to the County Area. (c) Maintain sufficient water pressure and water mains of sufficient size with fire hydrants and other facilities necessary in the water utility system to allow fire protection at all areas within the County Area receiving services from VERO BEACH. (d) Maintain wholesale emergency interconnect agreements and interconnects as appropriate in order to continue to provide adequate service to the County Area in the event of outages, excessive demand, or other related events. (e) Deal with customers in the County Area in a manner no less favorable than VERO BEACH'S dealings with its customers served inside its own corporate boundaries. Section 13. Capital Improvement Plan. VERO BEACH shall annually provide the draft of its detailed Five (5) year capital improvement plan, specific to the water, wastewater, and reclaimed water utility systems within the County Area, to the INDIAN RIVER COUNTY County Administrator, the Director of the Community Development Department and the Director of the Utilities Department for review and comment. Such comments shall be provided to VERO BEACH within Sixty (60) calendar days for consideration in its completion of the capital improvement plan, which plan shall thereafter be provided to INDIAN RIVER COUNTY County Administrator and the Director of the Community Development Department. Section 14. Location of Facilities. All water, wastewater, and reclaimed water utility system facilities shall be so located and so constructed as to interfere as little as practicable with traffic over the streets, alleys, bridges, and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all such facilities shall be made under the supervision and with the approval of such representatives as the governing body of INDIAN RIVER COUNTY may designate for the purpose, but not so as unreasonably to interfere with the proper construction, maintenance, repair, or operation of the water, wastewater, or reclaimed water utility systems by VERO BEACH. When any portion of a street is excavated by VERO BEACH in the location or relocation of any utility facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by VERO BEACH at its expense, and in as good condition as it was at the time of such excavation. Provided, however, that nothing herein contained shall be construed to make INDIAN RIVER COUNTY liable to VERO BEACH for any cost or expense in connection with the construction, reconstruction, repair or relocation of the utility facilities 200 in streets, highways, or other public places made necessary by the widening, grading, paving or otherwise improving by INDIAN RIVER COUNTY of any of the present or future streets, avenues, alleys, bridges, highways, easements, or other public places used or occupied by VERO BEACH. Notwithstanding the foregoing, VERO BEACH shall be entitled to reimbursement of its costs as may be provided by law. Section 15. Liability and Indemnification. INDIAN RIVER COUNTY shall in no way be liable or responsible for any accident or damage that may occur in the construction, maintenance, or operation by VERO BEACH of the utility facilities hereunder, and the acceptance of this Franchise shall be deemed an agreement on the part of VERO BEACH to indemnify INDIAN RIVER COUNTY and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to INDIAN RIVER COUNTY by reason of the negligence or misconduct of VERO BEACH in the construction, maintenance, repair, or operation of the water, wastewater, or reclaimed water utility systems pursuant to this Franchise Agreement. This section shall be subject to the limitations set forth in section 768.28, Florida Statutes. Section 16. Prior Agreements and Franchises Superseded. This Franchise Agreement and the Franchise shall supersede all prior grants of franchise to VERO BEACH with respect to water, wastewater, and reclaimed water only and any previous agreements between VERO BEACH and INDIAN RIVER COUNTY regarding such service. Specifically, INDIAN RIVER COUNTY Resolutions 87-13 and 87-14, effective March 5, 1987, and the Service Area Agreement shall terminate and be superseded upon official action of the Board of County Commissioners of INDIAN RIVER COUNTY granting the Franchise provided for herein. Section 17. Assignment. VERO BEACH may assign this Franchise Agreement and the Franchise, provided that such assignee assumes all the obligations of VERO BEACH hereunder and such assignment is approved by INDIAN RIVER COUNTY. INDIAN RIVER COUNTY may assign this Franchise Agreement and the Franchise, provided that such assignee assumes all the obligations of INDIAN RIVER COUNTY hereunder and such assignment is approved by VERO BEACH. Neither INDIAN RIVER COUNTY nor VERO BEACH may unreasonably withhold its approval of an assignment of this Franchise Agreement. Section. 18. Time of the Essence. Time is of the essence in the performance of each and every provision of this Franchise Agreement. Section 19. Acts of God. Provisions herein to the contrary notwithstanding, VERO BEACH shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this Franchise Agreement, where said failure or delay is due to any cause beyond VERO BEACH's control including, without limitation, "Acts of God," unavoidable casualties, and labor disputes. 201 Section 20. Notices. Any delivery of notice required or permitted to be made hereunder may be made by personal delivery, courier, or mailing a copy thereof addressed to the appropriate party as follows: If to INDIAN RIVER COUNTY If to VERO BEACH County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 City Manager City of Vero Beach 1053 20th Place Vero Beach, FL 32960-5359 Delivery when made by registered or certified mail shall be deemed complete upon mailing. Section 21. Default and Remedies. Failure on the part of either party to comply in any material and substantial respect with any of the provisions or conditions of this Franchise Agreement shall be grounds for termination if Ninety (90) calendar days after written notice of such default the defaulting party has failed or refused to correct the noticed noncompliance. However, should there be any dispute as to the validity of the grounds for termination, the parties shall utilize the dispute resolution process set forth in Chapter 164, Florida Statutes before availing themselves of any otherwise available legal rights. Section 22. No Waiver. Any term or condition of this Agreement may be waived by the party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the party waiving such term or condition. Any waiver by any party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not invalidate this Agreement, nor shall such waiver be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. Except for a written waiver as provided for herein, the failure of a party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights. A waiver by a party of the time for performing any act shall not constitute a waiver of time for performing any other act or the time for performing an identical act required to be performed at a later time. Section 23. Binding Affect. All of the provisions of this Franchise Agreement shall be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors, assigns, and nominees of the parties. Section 24. Governing Law; Venue; Attorney Fees. This Franchise Agreement shall be construed, governed, and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute arising under this Franchise Agreement or the 202 Franchise shall be in Indian River County, Florida. The parties shall each bear their own attorney fees in any dispute arising under this Franchise Agreement. Section. 25. Entire Agreement; Amendments. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Franchise Agreement per Section 16. Amendments to the provisions of this Franchise Agreement shall be made by the parties only in writing by formal amendment. This Franchise Agreement may be executed in separate counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. SIGNATURE PAGE FOLLOWS 203 IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. ATTEST: CITY OF VERO BEACH By: Tammy K. Bursick, Mayor Tony Young City Clerk (SEAL) Date: Approved as conforming to municipal policy: Monte K. Falls, P.E. Reviewed as to form and legal City Manager sufficiency: John Turner City Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 204 i. t ` t E a July 7, 2020 Agenda Item 14.E.1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 29, 2020 SUBJECT: Discussion of the Graves Ballfields property FROM: Bob Solari Commissioner, District 5 Discussion Item: I would like to have further discussion regarding the Graves Ballfields property. Thank you, Bob 205 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 12, 2020 To: Jason E. Brown, County Administrator From: Arjuna Weragoda, P.E., Capital Projects Manager, Utility Services (In lieu of Vincent Burke, P.E., Director of Utility Services) Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: CCNA-2018 Amendment No. 1 to Work Order No. 32 to Kimley-Horn for SWDD Household Hazardous Waste and Recycling Facility Design, Permitting and Bidding Services Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) rules to provide safe collection and disposal of Household Hazardous Waste (HHW). The current HHW Facility is over twenty years' old, undersized, and creating unsafe ingress -egress traffic flow issues. The Recycling Transfer Facility was built five years ago, and the recycling materials are exceeding storage capacity. On April 7, 2020, the SWDD Board approved Work Order No. 32 to Kimley-Horn and Associates, Inc. (Kimley-Horn) in the amount of $48,400 to address each of these conditions and provide SWDD with a suitable Civil and Architectural conceptual design. Staff will make a presentation to the SWDD Board showing the conceptual design for a new HHW and Recycling Transfer Facility along with providing conceptual level costs for the project. The purpose of this agenda item is to request Board approval to proceed with design, permitting and bidding services for these improvements. Analysis: Staff and Kimley-Horn worked jointly to review design concepts from other facilities to come up with an integrated facility to provide both HHW and Recycling Transfer operations. Kimley-Horn has provided the attached conceptual design for the new facility. They also estimate that the conceptual level budget for these improvements is in the $2.5 to $3.0 million dollar range. This will be updated based on the Engineer's Opinion of Probable Cost as part of the detailed design work. Kimley-Horn has prepared CCNA-2018 Amendment No. 1 to Work Order No. 32, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's 206 continuing consulting services master agreement entered into on April 17, 2018. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Civil Engineering Construction Documents 90 Days from NTP $49,000 — Lump Sum Task 2 Structural Engineering Construction Documents 90 Days from NTP $12,300 — Lump Sum Task 3 Landscape Architecture Construction Documents 90 Days from NTP $12,300 — Lump Sum Task 4 Regulatory Assistance 210 Days from NTP $18,400 — Lump Sum Task 5 Bidding Assistance 240 Days from NTP $3,100 — Lump Sum Labor Sub -Total: $95,100 Sub -Consultants (Architect, Survey, SWA, Pre -Fab Building Drawings) $97,100 — T&M (Not to Exceed) Sub -Consultants Markup (10%) $9,710—T&M (Not to Exceed) Other Direct Cost $5,000—T&M (Not to Exceed) TOTAL = $206,910 (Not to Exceed) NTP — Notice to Proceed, T&M — Time and Materials Although the Amendment No. 1 to Work Order No. 32 includes the full scope and budget for the design, permitting and bidding services, it is anticipated that only $130,000 will be utilized for the remainder of this fiscal year. In addition, Kimley-Horn has estimated that the HHW Facility is approximately 60% of the total costs while the Recycling Transfer Facility is approximately 40% of the total costs. Upon successful bid and award of the project, an additional amendment to Kimley-Horn will be brought to the Board for the construction services related to the project improvements. Please note, as of July 1, 2020, the Consultant's Competitive Negotiation Act (CCNA) has been amended to increase the maximum limit for procuring professional services to $500,000 per study and increased the per -project construction cost to $4 million. Funding: Funding for the SWDD HHW and Recycling Facility Conceptual Design is budgeted and available in the Capital account in the SWDD Landfill and Recycling Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $745,000 for the 2019/2020 fiscal year. Description Account Number Amount Engineering Services — HHW Facility 411-169000-20029 $124,146 Engineering Services — Recycling Transfer Facility 411-169000-20030 $ 82,764 Total = $206,910 207 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve CCNA-2018 Amendment No. 1 to Work Order No. 32 with Kimley-Horn and Associates, Inc. in the amount of $206,910, to provide engineering services related to the SWDD Household Hazardous Waste and Recycling Facility Design, Permitting and Bidding Services. b) Authorize the Chairman to execute the same, as presented. Attachments: 1. Conceptual Design of a New HHW and Recycling Transfer Facility 2. CCNA-2018 Amendment No. 1 to Work Order No. 32 — Kimley-Horn 208 Conceptual Design of a New HHW and Recycling Transfer Facility 0 14* 0 0 to 0 0 209 CCNA2018 AMENDMENT 01 TO WORK ORDER 32 HOUSEHOLD HAZARDOUS WASTE AND RECYCLING FACILITY CONCEPTUAL DESIGN This Amendmental. to Work Order Number 32 is entered into as of this day of 201, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 32. Effective Date April 7, 2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on. Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 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: SOLID WASTE DISPOSAL DISTRICT By: By: Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Bv: Susan Adams, Chairperson Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney liPage 210 Work Order No. 32 Amendment 01 HHW/Recycling Final Design EXHIBIT A — SCOPE OF WORK PROJECT UNDERSTANDING This Scope of Work is a continuation of the conceptual planning being done under work order Work Order No. 32. The intent of this Work Order is to provide for the design, permitting, and bidding assistance services for the Project. The anticipated schedule is to prepare up to 90% Construction Documents during the current fiscal year (end of September 2020), this equates to approximately $130,000 in total effort by the project team. Upon completion of the Scope of Work, Kimley-Horn will provide Construction Phase Services as an amendment to this Scope of Work. The Scope of Work is for the design of two Projects simultaneously: A Household Hazardous Waste (HHW) collection center and a Recycling facility. The estimated effort associated with each facility for design is approximately 60% for the HHW and 40% for the Recycling facility. SCOPE OF WORK TASK 1 — CIVIL ENGINEERING CONSTRUCTION DOCUMENTS Sub -Task 1.1 — Geotechnical Engineering Coordination The Client will retain a geotechnical engineer to preform geotechnical engineering services for the Project. Kimley-Horn will perform the following services as part of this task: • Prepare an exhibit for the geotechnical engineer to delineate the extent of the project area and scope of proposed improvements. • Meet or have a conference call with the geotechnical engineer to review the project requirements. • Schedule geotechnical exploration efforts in coordination with the geotechnical engineer and the Client. • Review the geotechnical report for completeness in accordance with agreed-upon scope. Sub -Task 1.2 —Survey and SUE Coordination Kimley-Horn will retain Masteller, Moler & Taylor, Inc. who will perform additional surveying and SUE services for the Project. These include GPR designation of underground facilities and a full tree survey with arborist report, if required. Kimley-Horn will perform the following services as part of this task: • Prepare an exhibit for the surveyor to delineate the extent of the project area. • Meet with the surveyor to review the project area and requirements. • Schedule surveying efforts in coordination with the surveyor and the Client. • Review the survey for completeness in accordance with attached scope. • Prepare exhibit of any requested SUE investigations. • Review SUE report for completeness in accordance with attached scope. Deliverables: Hard copies and electronic copy (.pdf) of signed and sealed topographic survey. 211 Work Order No. 32 Amendment 01 HHW/Recycling Final Design Sub -Task 1.3 — Architect Coordination Kimley-Horn will retain CMK Design Studio to preform Architectural services for the Project. This includes MEP and Fire Protection design services. Kimley-Horn will perform the following services as part of this task: • Coordination of site plan with architect for building design. • . Coordination of structural engineering between Architect and Kimley-Horn. • Coordination of water, sewer, and stormwater connections between MEP and Kimley-Horn. • Coordination of deliverables and permit applications. Deliverables: Hard copies and electronic copy (.pdf) of signed and sealed Architectural Plans. Sub -Task 1.4 — Solid Waste Consultant Coordination Kimley-Horn will retain Special Waste Associates to preform Solid Waste Consulting services for the Project. Kimley-Horn will perform the following services as part of this task: • Coordination of plans and program between consultant and architect for building design. Deliverables: Hard copies and electronic copy (.pdf) of Consultant's report. Sub -Task 1.5— Civil Engineering Construction Documents Based upon the Conceptual plans prepared by the Consultant under a separate agreement, the Consultant will prepare Civil Engineering Construction Documents for the Project. These documents will be submitted to regulatory agencies for review and permitting. Paving, Grading, and Drainage Improvements are limited to those areas shown in the conceptual pans onsite and any expansion of the Project area will be as an additional service. Water and Sewer improvements are limited to the connection of the proposed buildings to the existing water and sewer mains on the Project site. Extension of water and sewer mains, addition of pump stations, and/or offsite improvements required by agencies can be designed as an additional service. Deliverables: Hard copies and electronic copy (.pdf) of:. o Civil Engineering design drawings; o Design report; o Updated Engineer's Opinion of Probable Cost. TASK 2 — STRUCTURAL ENGINEERING CONSTRUCTION DOCUMENTS Based upon the Conceptual plans prepared by the Consultant under a separate agreement, the Consultant will prepare Structural Engineering Construction Documents for the Project. These documents will be submitted to regulatory agencies for review and permitting. Under this task, Kimley-Horn will: • Participate in coordination of the structural documents with architect, mechanical, electrical, and plumbing disciplines within the overall coordination led by the architect. 212 Work Order No. 32 Amendment 01 HHW/Recycling Final Design • Designate elements to be designed by a delegated engineer such as product approved items, prefabricated steel building, prefabricated exterior architectural canopies, light gage cold form steel, and aluminum components. Specify type of element and position within the structural system. Specify the structural design criteria for the delegate engineer's design. Specify required submittals from the delegated engineer for the design team review. • Kimley-Horn will coordinate with the geotechnical engineer for design of foundation components. • . Kimley-Horn will coordinate with the prefabricated building manufacturer to design slab -on -grade and foundation components. • Perform structural analysis and design of the foundation and retaining walls for gravity and lateral force provided by the prefabricator building manufacturer. • Prepare Construction Documents sufficient to submit for permit utilizing AutoCAD illustrating details necessary to construct the primary structural system, including: o Structural notes o Wind pressure diagrams o Foundation plan o Foundation schedule and details o Slab, beam, and girder schedules and details o Typical details o Connection details o Miscellaneous details o Perform internal quality control checking and coordination of the structural documents. Deliverables: Hard copies and electronic copy (.pdf) of: o Structural Engineering design drawings; o Design report. TASK 2 — LANDSCAPE ARCHITECTURE CONSTRUCTION DOCUMENTS This task includes those services necessary to prepare the limited contract documents based on the Client approved conceptual plan. This task is limited to the boundaries described in the Project Understanding section of this proposal. Tree Inventory Plan: Kimley-Horn working in collaboration with the licensed consulting arborist will develop a tree inventory plan which will provide identifying information (e.g., scientific and common names, overall height, breast height, health analysis, and canopy diameter) and graphical location for each individual tree currently located within the project boundary. Tree Disposition Plan: Kimley-Horn working in collaboration with the licensed consulting arborist will develop a tree disposition/mitigation/relocation plan, which will provide identifying information (e.g., scientific and common names, overall height, breast height, and canopy diameter) and graphical location (current and after relocation) for each individual tree being applied for disposition/removal/relocation, as required by The County. Planting Plan: Kimley-Horn will develop one (1) planting plan to include potential trees and understory plantings. Planting plan will include a detailed layout of the proposed plantings with a plant list identifying species, quantities, and sizes for all trees, shrubs, ground covers, and ornamental grasses. Planting plans will fix the separation line between turf and planter areas and will identify plant species symbols and plant quantities for each bed. 213 Work Order No. 32 Amendment 01 HHW/Recycling Final Design Plant Schedule of Materials: Kimley-Horn will prepare a schedule of plant materials to be used on the project. Size requirements, typical spacing, and comments will be provided. These materials will be selected based on their visual value, maintenance demands, and horticultural compatibility with the South Florida hardiness zone. Planting Details: Kimley-Horn will prepare typical plant details to communicate the proper result of plant installation, including anchoring details, a plant spacing diagram, and tree guying. Irrigation Plan and Details: Kimley-Horn will develop an irrigation plan to include areas outlined in the Project Understanding above. Kimley-Horn will provide the following irrigation design services: • Calculation of irrigation system requirements based on City requirements. • Irrigation mainline and sub -mainline sizing with recommended routing. • Master central control evaluation and recommendation, including analysis of system operation. • Irrigation controller locations with power supply drop locations (electrical design and permitting for controllers shall be provided by the contractor), as necessary. • Irrigation plans will include detailed zones and head layout only. • Material legend of components. • Ancillary notes, calculations, and labels required to develop an irrigation system. TASK 4 — REGULATORY ASSISTANCE The Consultant team will coordinate and prepare the permitting applications and supporting documentation for the regulatory agencies having jurisdiction over the project. This task is limited to agencies which have jurisdiction over development projects in this locality and does not include modification of any landfill or landfill operating permits. If such permitting is required it will be as an additional service. The Consultant team will prepare the Permit Packages and obtain applicable signatures from Client personnel. Permit fees shall be paid by the Client. Consultant will address up to two (2) rounds or reasonable, consolidated comments from each agency. Should additional comments be received from agencies after the second round of comments they shall be addressed upon receipt of an executed additional services change order. Deliverables: Permit applications; Resolution of comments from the permitting agencies. TASK 5 — BID ASSISTANCE Sub -Task 5.1 — Bid Assistance Consultant will provide a Bid Documents addressing the comments received from the Client and the regulatory agencies on the Final Design Submittal. These plans will be the basis for bidding the Project by the Client. Kimley-Horn will assist during the Bid and Award Phase of the project by providing the following services to the Client: • Attend one (1) pre-bid conference after project bid is advertised by the Client. • Prepare up to four (4) bid addendums in response to bidders' request for information ("RFIs"). 214 Work Order No. 32 Amendment 01 HHW/Recycling Final Design • Attend one (1) bid opening meeting. SUBCONSULTANTS The following subconsultant services are anticipated in the execution of the Scope of Services. A budget for subconsultant services has been included and a markup of 10% has been applied to subconsultant costs. Should services required for completion of the Project exceed this amount they shall be paid directly by the Client or only upon execution of a supplemental work order. The proposals from each subconsultant have been attached for reference and their individual scope of work shall be in accordance with these proposals. An additional subconsultant budget of $12,000 has been included to engage a Pre -Fabricated Building Manufacturer (PFBM) to provide the necessary detail drawings for permitting. This budget is an estimate and the actual cost of the PFBM may be more than this estimate. If the cost is less than the budgeted amount, the Client will only be billed based upon the actual cost of the PFBM plus applicable markup, if the cost is more than budgeted the Consultant will engage the PFBM upon receipt for a supplemental work order for the additional cost approved by the Client. REIMBURSABLE EXPENSES The following expenses are anticipated in the execution of the Scope of Services. Should additional expenses be required they shall be paid directly by the Client or only upon execution of an additional services change order. Regulatory Review Fees Client shall pay regulatory review fees required by agencies in the course of seeking permits and other project approvals or the Consultant shall bill such fees paid on the Client's behalf as a reimbursable expense. If reimbursable expenses are anticipated to exceed the established budget, the Consultant will require the Client to approve an amendment to this work order for additional budget prior to incurring any additional direct expenses. ADDITIONAL SERVICES Any services not specifically listed in the above Scope of Work are not included in the contracted fees. Should the Client desire additional services, Kimley-Horn will prepare a fee, scopeand schedule for the work at the time the services are requested. PROVIDED BY THE CLIENT The Client will provide any information requested by Kimley-Horn in a timely manner to avoid delay of the Project. In addition, the Client will ensure that Client representatives are available for all meetings in order to avoid delay to the Project. 215 Work Order No. 32 Amendment 01 HHW/Recycling Final Design EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses as follows: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: �(- DescriptionR39 Utia 1 Civil Engineering Construction Documents FF $49,000 2 Structural Engineering Construction Documents FF $12,300 3 Landscape Architecture Construction Documents FF $12,300 4 Regulatory Assistance FF $18,400 5 Bidding Assistance FF $3,100 Labor Sub -Total: $95,100 Subconsultant Budget T&M $97,100 Subconsultant Markup (10%) T&M $9,710 Reimbursable Expenses Budget T&M $5,000 TOTAL: $206,91.0 216 Work Order No. 32 Amendment 01 HHW/Recycling Final Design EXHIBIT C - TIME SCHEDULE Upon authorization to proceed by the COUNTY, the Project is anticipated to take approximately eight (8) months from the Notice to Proceed (NTP). Deliverable Anticipated Delivery (calendar days where applicable) 90% Construction Documents NTP + 90 Days Permitting Phase Begin NTP + 90 Days Permitting Phase Complete NTP + 210 Days Bid Phase Begin NTP + 180 Days Bid Phase Complete NTP + 240 Days It is anticipated that the Scope of Services will be completed in accordance with the above schedule after Notice to Proceed ("NTP") is received unless there are delays outside of Kimley-Horn's control, such as delays associated with Client and/or regulatory reviews, Client requested changes, etc. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services and that Client review times will not exceed seven (7) calendar days. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. Notwithstanding any other provision of this Agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the Client, third parties, or governmental agencies. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 217 LABOR FEE PROPOSAL Total Labor Fee by Activity 1 $ 12,300.00 0 0 0 v O 0) V E9 0 0 0 (0 N N EA $ 12,260.00 $ 18,390.00 $ 3,065.00 $ 95,100.00 $ 97,100.00, $95,015.00 Staff Hours by Activity e 0 O o N M 80 80 120 20 620 Principal 0• $ 5,000.00I V V co TASK 3 - Landscape Architecture Construction Documents ITASK 4 - Regulatory Assistance ITASK 5 - Bidding Assistance M 0 o O V EA 0 • < a 69 Senior Professional a O N- M O CO 12 N CO $225.00 $13,950.00 Registered Professional 0 LIttl N 80 20 20 30 155 $175.00 $27,125.00 Designer O� M M CO co 248 $150.00 0 0 O N I, M Support Staff a cm C,1 64 (O CO V N 124 0 o (A 0 0 O M 0j EA Activity Distribution by Classification: TASK 1 - Civil Engineering Construction Documents TASK 2 - Structural Engineering Construction Documents TASK 3 - Landscape Architecture Construction Documents TASK 4 - Regulatory Assistance TASK 5 - Bidding Assistance Hours by Classification: Classification Rate: Totals: SUBCONSULTANTS LABOR BY TASK 0 0 0 0 CA 0 0 0 0 )0 0 0 0 0 00 0 0 1.0 0 N N EA EA 0 0 0 O n O) Subconsultants Subtotal OTHER DIRECT COSTS 0 0 0 0 O tri CH 0 0 0 O O 10 Review fees, large format prints, etc. Other Direct Costs Subtotal $ 49,000.00 1 $ 12,300.00 $ 12 300.00 $ 18,400.00 0 O O O ER $ 95,100.00 $ 97,100.00, 0 0 O f-- M 0 0 O O O 69 $ 206,910.00 0 0000 0 O V EH 0 0 N EA 0 0 COCD EH 0 0 01 EH I $ 3,065.00 $ 95,015.00 0 O O O— CA E9 0 O O r- E9 $ 5,000.00I $ 206,825.00 1TASK 1 - Civil Engineering Construction Documents TASK 2 - Structural Engineering Construction Documents TASK 3 - Landscape Architecture Construction Documents ITASK 4 - Regulatory Assistance ITASK 5 - Bidding Assistance Labor Subtotal Subconsultants ISubconsultant Markup (10%) Reimbursable Expenses GRAND TOTAL Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 e-mail: dt5243@bellsouth.net AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING SERVICES PROJECT: Indian River County Landfill Recycling Project PHONE: CLIENT NAME: Kimley Horn & Associates - Barton Fye PHONE: SITE ADDRESS: 1325 74th Avenue SW MAILING Vero Beach, FL 32968 ADDRESS: Work - (305) 535-7712 Cell - (305) 431-4900 355 Alhambra Circle, Suite 1400 Coral Gables, FL 33134 MMT, Inc. is pleased to provide you with this proposal for performance of surveying services in support of engineering design for property located in Indian River County and lying in Section 25 -33S -38E and identified as the Indian River County Landfill HHW/Recycling Project which shall include the following Scope of Services: 1. Subcontract with a Ground Penetrating Radar service to identify existing underground utility and service lines in the area of the proposed recycling center. Coordinate as necessary. 2. Recover existing horizontal and vertical control and establish control points including benchmarks on site as required. Elevations shall be based upon the North American Vertical Datum of 1988. 3. Locate, obtain elevations as applicable for facilities established by the sub -consultant. Review existing plans as necessary. 4. Locate and identify trees, including scientific and common name, DBH, height, canopy spread and condition. 5. Integrate with exiting survey and prepare revised Topographic survey in accordance with the Standards of Practice for Surveying as set forth by the State of Florida. Provide 5 signed and sealed copies and one digital CAD file upon completion. We propose to perform the above described scope of services for a lump sum fee of $ 9,600.00. We estimate the time of completion to be three (3) weeks from the notice to proceed. There will be an additional fee of $1500.00 for an Arborist to certify tree conditions if required. Upon your verbal authorization for this survey, we order research materials and set up your job file. In the event of a cancellation and in order to cover our costs, you will be billed for all work/expenses incurred up to the date of cancellation, including costs to close out your file. See the attached for standard conditions. I, the undersigned, agree to all the terms of this Agreement and the Standard Conditions of this Contract attached hereto. Client's Printed Name 6/8/2020 Client's Signature Date David Taylor, President Date Masteller, Moler & Taylor, Inc. 219 CMK DESIgN STudio 6822 22nd Ave. North #148 — St. Petersburg, Florida 33710 (813) 362-6381 marcos@cmkdesianstudio.com Lic. No. AA26002603 June 7, 2020 Barton J. Fye, PE, ENV SP Kimley-Horn 355 Alhambra Circle, Suite 1400 Coral Gables, FL 33134 Architectural and Engineering Services Proposal Indian River County Landfill Proposed Improvements 1325 74th Ave. SW, Vero Beach, FL CMK #2016 Dear Barton, Thank you for the opportunity to join your team for development of proposed improvements at the Indian River County Landfill in Vero Beach, Florida. As we understand it, our work will consist of producing complete Architectural, Mechanical, Electrical, Plumbing and Fire Protection construction documents for the proposed building. Our work will include the following basic tasks, which are described in further detail under "Scope of Work." Our fees for each will be as shown: • Task 1: A/M/E/P/FP Construction Documents $61,500.00 • . Task 2: Permitting $ 5,000.00 • Task 3: Bidding $ 5,000.00 ASSUMPTIONS AND UNDERSTANDINGS • The project comprises the following elements, which are subject to change: o Construction of a new combined Household Hazardous Waste, Recycling and Education Facility. o Demolition of three existing structures. o Relocation of an existing storage area and re -alignment of existing roads. • Survey and Geotechnical work will be provided by the Owner. • Site Plan approval process will be handled by Kimley-Horn. CMK will assist with any necessary exhibits during this process. 220 Indian River County Landfill AE Proposal June 7, 2020 Page 2 of 4 • Civil Engineering, Structural Engineering, Sitework-related Electrical Engineering and Landscape Architecture will be by Kimley-Horn, and is not included in this proposal. • M/E/P and Fire Protection Engineering by Wilson and Girgenti, LLC, are included in this proposal. • Contractor shall be selected by Owner through a competitive bidding process. Bid phase assistance is included in this proposal. SCOPE OF WORK Conceptual Drawings • Conceptual drawings prepared by CMK under our previous limited services agreement shall form the basis for the Construction Documents under this contract. Conceptual drawings must be approved by the Owner prior to commencing work under this contract. Task 1: Construction Documents: • Architectural: o Plans, elevations, sections, schedules and details. o Code summary and life safety information as required. o Coordination with all design team members throughout document production. • Mechanical/Electrical/Plumbing/Fire Protection Engineering (Wilson & Girgenti, LLC) o Design HVAC system for office/break room area. o Specify lighting layout, receptacle/power layout, fixture and panel schedulesand circuit information. o Specify Fire Alarm system per NFPA. o Specify lightning protection system. o Design fire sprinkler system expansion sufficient for permit review. Detailed engineering of fire sprinkler system by others (selected subcontractor). Task 2: Permitting • Assist Kimley-Horn in submitting permit applications and coordinating with the Building Department. Provide responses to plan review comments as required. Task 3: Bidding and Negotiation • CMK will coordinate the process of obtaining and assessing competitive bids from up to five (5) invited General Contractors • Includes preparation of bid documents, hosting of documents via Dropbox account (or equal), conducting a Pre -Bid Meeting, preparing Addenda, conducting a Bid Opening and providing tabulation/comparisons of bids. • Includes advising Owner on Contractor selection. Final selection shall be by Owner. 221 Indian River County Landfill AE Proposal June 7, 2020 Page 3 of 4 EXCLUSIONS AND QUALIFICATIONS • This fee is for production of a "one time" design effort, with revisions as noted. Further Owner - requested revisions will be subject to Additional Services fees. • Our fee does not include reimbursable expenses (such as travel, plotting, printing and shipping), governmental fees (such as plan review, permit, or impact fees), or the fees of surveyors, Geotechnical engineers, or outside consultants not noted above. Reimbursable expenses will be billed at a multiple of 1.10 times actual amount expended. • Additional Services, if any, will be billed at an hourly rate of $125.00 unless a new fee has been negotiated in the interim. Please call if you have any questions regarding this proposal. If you find the proposal acceptable, please sign below and on the attached Terms and Conditions page and return one copy of both to our office. Alternatively, if you have a standard vendor agreement you prefer to use, please forward it for our review. We look forward to working with you on this project. Sincerely, Marcos F. Ibargiien, RA, NCARB, LEED AP Architect / Vice President CMK Design Studio, Inc. ACCEPTED BY: (Client Signature) (Date (Printed Name and Title) 222 SW SPECIAL WASTE ASSOCIATES CONSULTING / TRAINING / PUBLICATIONS DATE: June 1, 2020 TO: Barton Fey, Kimley-Horn, Coral Gables, FL FROM: David Nightingale, Special Waste Associates, Olympia, WA RE: Scope of Work and Budget — Programming and Conceptual Design Special Waste Associates (SWA) is pleased to provide this scope of work for project programming and conceptual design review for a new Indian River County HHW Collection Facility. The scope of work is detailed below and includes pre -design project programming through conceptual design review. A proposed budget by task is provided after the scope of work. SWA Experience SWA has worked on many HHW facility development projects across the U.S., including for the Solid Waste Authority of Palm Beach County. SWA's Principal, David Nightingale, CHMM, S.C., has decades of experience in assisting communities in developing or upgrading permanent HHW collection facilities. This breadth of experience is unmatched in this specialty consulting field and is reflected on the SWA website that contain a number of projects that have been jointly completed with partner firms such as Kimley-Horn. Project Understanding Indian River County has provided HHW collection service to their households for many years. When the new facility is opened, it is critical that it is designed to accommodate the future needs of Indian River County efficiently and safely in full compliance with all applicable regulations at the state and local level. Although the site for the new HHW facility has been selected and a site layout developed, the pre - design work of project programming and the creation of a conceptual design that reflects the future needs of the facility have not yet been accomplished. The pre -design project programming and conceptual design review is the focus of the proposed scope of work below. Scope of Work This scope of work includes two parts: • Create a project programming report Indian River County NEW HHW Facility Special Waste Associates, Scope of Work 223 • Review a conceptual design for the new facility location. Task 1:- Project Programming Report PERFORMED UNDER SEPERATE WORK ORDER Task 2 Conceptual Design After the programming report has been finalized, the conceptual design developed by the architect and Kimley-Horn will be reviewed by SWA before submission for Indian River County review, a modified or second conceptual design may be developed and reviewed, as needed. The conceptual design(s) will be a floorplan leveraging the existing site plan showing the normal functional areas of an HHW/CESQG collection facility including receiving, sorting/packing, flammable liquids processing and storage, supplies, and support functions such as office, restrooms, mechanical and electrical rooms, reuse area and any other spaces called for in the project programming report. Indian River County NEW HHW Facility Special Waste Associates, Scope of Work 224 This conceptual design review task may also include work with the local fire and planning agencies to verify the appropriateness/requirements for key conceptual design features that are unique to HHW collection facilities. HHW facilities are typically mixed-use occupancies including an H-2 area requiring a number of special features. SWA will be available for remote attendance for conceptual design review meetings with the Kimley-Horn design team, Indian River County staff, and local building/fire officials. In-person meetings can also be arranged. Task 3 - Additional Services — As requested, SWA will provide any of the following additional services: • Site visit(s) • Other tasks related to the tasks listed above. Proposed Budget Estimate David Nightingale's billing rate is $150/hr. The following is a proposed budget estimate for the tasks described in the scope of work above including typical remote meetings with the client. Task Estimate Task 1 - Project Programming Report $ 1,500 Task 2 - Conceptual design review $ 2,500 Task 3 - Additional Services $ TBD This proposed budget estimate includes approximate labor hours but excludes any travel time and expenses. Because this type of consulting work includes the discovery of many currently unknown facts and variables in the level of effort needed to accomplish the tasks described, the realized costs for the services by task can vary significantly from the estimates by task. Thank you for consideration of the SWA team to assist Kenley -Horn and Indian River County with development of their new HHW facility. We look forward to the opportunity to work on this project with you. Indian River County NEW HHW Facility Special Waste Associates, Scope of Work 225 07/07/2020 Item 15.B.5. Indian River County Solid Waste Disposal District Amendment No. 1 to Work Order No. 32 to Kimley-Horn and Associates Household Hazardous Waste and Recycling Facility Design, Permitting and Bidding Services July 7, 2020 By Himanshu H. Mehta, PE — SWDD Managing Director 225- 1 Existing Single Stream Recycling Facility 07/07/2020 Item 15.13.5. Sarno HHW Facility, Brevard County Preliminary HHW Et Single Stream Recycling Facility Civil/Site Design 07/07/2020 Item 15.6.5. Preliminary HHW Et Single Stream Recycling Facility Design BEFORE-WEINC STREET LOOKING SOUTH 225- 3 07/07/2020 Item 15.B.5. Proposed HHW &t Single Stream Facilit Preliminary Opinion of Probable Cost Conceptual Level Costs are in the range of $2.5 to $3.0 Million. This will be updated based on the detailed design work and will be optimized through the competitive bid process. The demolition of existing structures is being performed this fiscal year. The FY2020/21 Capital Budget request is approximately $2.55 Million. Kimley*Horn ,REIOm.ARYO.rtlOr1 OF PROBABLE COST BRC . tow l 1.10rm12 Fxd iry 110/1.5501 resixamon UPFT on. w$Tr.n ,m.l cox fry 14tott z 55 DO tarn c. ,ea to .15..6554 t Lam.1 =t..l....Yew.:,e 1N 111 rw 4 1.50 ,4att ce...aa. YY ay fa wJb 34m.. =mtsbVSd.w9•». Y.m w ux 5.02.5 4104 4. 1541 .a Yom t0 t:be 3 lb 50505 • 550 >5aaam 54,445 1 wtaatc 1 .. M00 $ W. C. • 40 W�COT 55105 51550 1 q 5h to .400050 5 •.OY 1fa74 141.101.( $!11,434155 IRb�s.+v O$L I 5' '1 J r ' .. w 5.�5c...5....m.r..�.....e.sa.o.w 5....04 w w.w- CO....rt. A... .rt. NEwr. ' Is1 D05 , p :Amar: 'eneHe+i+a �5ni5•>,r..mM 1il., S.eN.aYvs. S+wiNte..n e.,*1 A.wwM ay...ae o-cveiw4cwn i'ac.rww o o. 44544...e.. e1,Rn.. M.w.re.:.....5.4.a.h e.0.ay..r.n,YM..04 W 441.440. 4..i 1.mee.w.e.ade .evvefamo la w 55. Un egr�rn nsWbn,r+hN...ee..euew..r ea++. i+0 r..aPrv..a le.n e5. pmaA.te. ..vt c. Mvwg t.M1we..bemNm.a. .on .. .. .. / Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve CCNA-2018 Amendment No. 1 to Work Order No. 32 with Kimley-Horn and Associates, Inc. in the amount of $206,910, to provide engineering services related to the SWDD Household Hazardous Waste and Recycling Facility Design, Permitting and Bidding Services. b) Authorize the Chairman to execute the same, as presented. 22.5- 4 15, 6 6 . Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 24, 2020 To: Jason E. Brown, County Administrator From: Arjuna Weragoda, P.E., Capital Projects Manager, Utility Services (In lieu of Vincent Burke, P.E., Director of Utility Services) Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Solid Waste Disposal Rate Survey Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is operated as an enterprise fund with the two primary sources of revenue being the Solid Waste Disposal Rates (tipping fees) charged at the Indian. River County (IRC) Landfill and the fees collected through the a non -ad valorem special assessment for improved residential and commercial properties throughout Indian River County. These fee structures were originally established through a rate resolution for the tipping fees and an ordinance for the assessment fees. These rates were established in 1995 through a waste composition study. There have been some minor clarifications and adjustments throughout the years; however, the overall structure remains the same. Due to the continued need to increase the annual special assessment to keep up with the increased costs, the County Administrator has directed staff to look at both our tipping fees and the overall assessment program in an effort to reevaluate and modernize the financial strength of SWDD. As a first step, a purchase order in the amount of $10,000 (not to exceed) was issued to Kessler Consulting, Inc. (KCI) on March 27, 2020 to initiate a Solid Waste Disposal Rate Survey to compare SWDD's disposal rates with up to ten other counties in the state. These counties were selected due to their geographical proximity or similar population. Additionally, only counties with publicly owned landfills and/or transfer stations, similar to the SWDD, were considered for this analysis. The purpose of this agenda is to provide a summary of this rate survey. Analysis: KCI has provided the attached technical memorandum to include the results of their rate survey. KCI did not include Class I waste disposal rates in the survey as this is covered under the SWDD's special assessment. However, since SWDD's special assessment is the primary revenue generator, KCI does recommend that as a next step that SWDD consider a comprehensive rate study to perform a full review of the assessment charged and the composition of materials used to determine the assessments which are over 25 years old. 226 Counties included in the Rate Survey Citrus County Highlands County rdanatee County Below are some key observations in comparing the SWDD's disposal rates to other counties. • SWDD's construction and demolition (C&D) debris disposal rate ($31.80) is below the average of the counties surveyed ($41.53/ton). • Only two counties have a lower rate for clean concrete, both of which accept it at no charge. • More than half of the counties surveyed did not distinguish between clean concrete and C&D debris. • No other county surveyed accepted yard waste at no cost. • Half of the counties surveyed made no distinction between land clearing and yard waste. • SWDD's rate for land clearing debris ($22/ton) is lower than all other surveyed counties rates for either yard waste or land clearing debris. • SWDD has a rate of $18/ton for chipped/mulched land clearing debris. No other surveyed county has a separate rate for this. Since chipped/mulched land clearing debris is treated the same was as regular land clearing debris, then it may be worth considering to remove this rate category and charge the same rate for all land clearing debris. • SWDD has the lowest rate for sludge ($15/ton). Aside from Broward County ($25/ton), all other rates were $49/ton or greater. • SWDD has the lowest rate for out -of -county waste ($60/ton), except for Martin, which does not distinguish between in- or out -of -county wastes. For example, Manatee County charges three times their in -county rate of $61/ton for out -of -county waste, which could be as high as $183/ton for C&D debris, land clearing debris, dewatered sludge, etc. 227 KCI recommends a rate revision for yard waste materials to be in line with other counties as well as to revise the out -of -county charges to be in line with other counties. The increase in these rates and the enforcement of limiting out of county materials from neighboring counties will help reduce the disposal of these materials in the Indian River County Landfill. However, at this time, staff is suggesting that we wait to make any rate revisions until we complete a full evaluation of the special assessment fees. Staff is planning to bring back a proposal from KCI for approval by the SWDD Board at a future meeting to look at the overall special assessment fees as part of a full solid waste rate analysis. Funding: Funding in the amount of $10,000.00 for the SWDD Solid Waste Rate Survey is budgeted and available in the Other Professional Services account in the SWDD Landfill Fund (411217-033190), which is funded from SWDD assessments and user fees. No funding is requested in this agenda item. Recommendation: Solid Waste Disposal District staff recommends that the Board direct staff to bring back a proposal for a full solid waste rate analysis. Attachments: 1. Solid Waste Rate Survey from Kessler Consulting, Inc. 228 TECHNICAL MEMORANDUM DATE: June 17, 2020 TO: Himanshu Mehta, Solid Waste District Director, Indian River County FROM: Chas Jordan, Project Manager, Kessler Consulting, Inc. Ryan Graunke, Consultant, Kessler Consulting, Inc. SUBJ: Rate Survey Information PROJ #: 73-07.00 Purpose In preparation for a full solid waste rate analysis, Indian River County Solid Waste Disposal District (SWDD) has contracted with Kessler Consulting, Inc. (KCI) to compare the SWDD's disposal rates with up to ten other counties in the state. These counties were selected due to their geographical proximity or similar population. Additionally, only counties with publicly owned landfills and/or transfer stations, similar to the SWDD, were considered for this analysis. The map and table on the next page highlights the location of these counties and information about their solid waste programs. The counties included in this survey are all in a basic geographic area of Indian River County and have similar disposal operations information. Note: Both Okeechobee and Osceola Counties, which are adjacent to the Indian River County, use privately -owned landfills and were not included in the survey. The tables on subsequent pages lists the various disposal rates of the counties included in the survey. On the final page of the technical memorandum, KCI has highlighted some key findings in comparing the SWDD's rates to the other counties. This survey did not include Class I waste disposal rates as this is covered under the SWDD's disposal assessment. It is recommended that a comprehensive study of this rate and the assessment methodology used be considered as this is the primary revenue generator for the SWDD's solid waste program. KCI feels it is important to note that caution should always be taken when directly comparing rates due to a myriad of differences in county demographics, political and financial structures, and solid waste management that can impact these rates. While many of these factors are included in the tables below, KCI believes all solid waste is local and in each case is specific tothe factors impacting each community. 229 Counties Included in the Rate Survey ,41 Citrus County '� Highlands County �- Manatee County Sarasota County. -------4I Volusia County Charlotte County Brevard County Indian River Countyiser St. Lucie County Martin County Palm Beach County County Collection Program' Population Region Area (sq. mL) Community Type Assessment Indian River 1-1-1 154,939 East Central 503 Suburban/ Rural Disposal St. Lucie 2-1-1 309,359 East Central 572 Suburban Collection and Disposal ($276.14) Brevard 2-1-1 594,469 East Central 1,016 Suburban Coll. ($139.70) and Disp.($57) Martin 2-1-1 158,598 Southeast 543 Suburban Collection and Disposal ($314.37) Highlands 1-1-1 103,434 Central 1,017 Suburban/ Rural Collection and Disposal ($173) Palm Beach 2-1-1 1,447,857 Southeast 1,970 Urban/ Suburban Coll. (varies) and Disp. ($175) Volusia 1-1-1 538,763 East Central 1,101 Suburban Collection and Disposal ($255) Manatee 2-1-1 387,414 Southwest 743 Suburban/ Rural None Sarasota 1-1-1 426,275 Southwest 556 Suburban Collection and Disposal ($186.59) Citrus 1-1-1 147,744 West Central 582 Suburban/ Rural Disposal (partial) ($25) Charlotte 1-1-1 181,770 Southwest 680 Suburban/ Rural Collection and Disposal ($215.73) 'Collection Program intervals stand for rate of collection for garbage, recycling, and yard waste, in that order. (e.g. 2- 1-1 stands for twice a week garbage collection and once a week recycling and yard waste collection. 230 Special Waste/ Handling 15 Co C O C \ O C \ O IA. $41/ton I Q • Z 0. la a--4 c p j AFT N C \ in. 2x rate, min.12 ti +�' ` N See note" C y0 Cn 1.4 c > O Ln Asbestos $/ton .O ci cr V? N.A. O O V? Q Z O In V? o IJ V? O . O V1 O .-• W VT to sr in Nin. in. O O al O V1 Out -of - County MSW $/ton O O D0r• 4". O O -• n 1f N.A. Same as In - County a Z $138.00 2x rate, min. 3x rate 'V'N See note'' 0 N N vy C ` C Jin Q as noted L 03 N o V $49/ton' + C O �0 0p al n +c 0 $75/ton $30/ton $15 each $34/ton* OC • O Tr C O \ O Ln N:(31 C \O O C O lD N: �a E in Q as noted $5 each $30/ton $3 each Dewatered Sludge 0 i in.VT O ei + Op vt V? O Lri N V? N.A. See note9 Oo O O O� N a Z O lD V? O N Vf O al V► + ri m tn. Contam. Soil o H in a Z sr N a Z Lri N O o 1-1 V? $68.00 o in. co • Z o+ M VT Yard Trash $/ton No charge O 0 V1 yr in $40.00 $40.003 $24.33 O O N V? 0 0 O t/? $23.00 $61.00 $40.00* $41.37 to 0 inm Ni N a Z O l0 m in Land Clearing Debris C 0 Vi O 0 N V., 0 o Lill V? Clean Concrete $/ton $3.00 O O Ni V? rNo charge `iO v> N No charge 00 Ni in. $28.00 O O e-1 V i O O • V ? N O 1-1 iI 0 O VY +p ca V" C&D Debris 0 N N 00 .•-1 V).0. N LO ( i O N VT 0 iri V? County Indian River St. Lucie Brevard Martin Highlands Palm Beach f6 3 O Manatee Sarasota Citrus 4, O -c 0 N w N CU `v I- CO C Co C O O — m .-1 E 1313 LA 1-1 c •- V? y= L Q) O +� Q) O L O 6 = O Q C E Q) 0 Y 0 t 0 ` , a cu Y In Y p O. V? Qu) O_ O u lO 7 — 03 03 lD "C ++ i KI O V -0 C C v N t4....- O- c v 4" vi Q) O ' (0 ,, C v — O > O u aa) O w O Ln C +L., O 0p N L C 4, f0 O u +�-' p Q) N N L CU C .6Y O C c f0 "O t j C > O CO n d) Y Q) V) N 0 0c 0 -C '^ O u vi (11 CLJ CU O 2 N •C (.J N C v X o O u Q 04 V� 0 "0 Q) E C v, 0 0 v CI)E v N c E c) O0 N N >; �.) i=, i=, N O= p r6 E Q) '0 - u n3 C y ,,; v co CO +L+ O N -C t O i=, D O E E M i0 1" U TD. OCL N a4 roC a) w Y > u. > L0 L v ++ O_ CO O Ono)_ i NL N �OE +-+ O N f0 L O O f0 i0Q ++ v in 0.1 O 0 O v uN pOQ)y Q) Q) u w u v, _ = u Y i� Q • fl. X Q) Q) O. ++ CO O m O 7 Q1 O_ Q) Y Q) v, E L co v, vt u O C L NO U 'V U L N co u 3 3 <n Z— p o p ,� •� o w '� 11 tai, w .\i `- O >' H> p C Cr el C a "a > a (0 CO O c' N Q) c C t- O Q) a 0 Q) c cc LL Vi LL Z +', <, O N 1G 1, 00 Ol 2 rl .21 .m -i 3 2 '2 .'\-i 0o(.90 uZz>-O x as noted Free - resi Free - resi Free - resi Free - resi Free - resi24 Free - resi Free - resi Free - resi Free - resi See note31 Free - resi Electronics as noted Free - resi 0) L aJ 0) LL Free Free - resi $45/ton* Free - resi Free - resi Free - resi Free - resi $60/ton - TVs $0/ton - other Free - resi Mobile Home Trailers as noted C 0 \ CO O4-, ei COCO VT $10 each N.A. C 0 N Cr $200 - $450 each23 C 0 4-, 0 N $28/ton C O4-, t--1 c 0 +- Lt1 A.O. C O O c 0 +- 1.0 V) Boats as noted O o nj m v> t CO O� V} v L.L. $42/ton $45/ton* $42/ton $28/ton + 0 Y co V? $57.56/ton* C O o CO + O Y to N. m in Scrap Metal /White Goods as noted No charge "o co o 11 N I" Free $21-$38.60/ ton20 O c 0 o $13/ton c oU1,VD Tr c c o Y ` ^Y, V14"M V> \ O o ` C 4. o Y 0 111. Propane Tanks as noted No charge L 0 2v). ON N VT ? i = HHW $0 -20 each22 = No charge HHW $57.56/ton* \ LD N c r0'n O V HHW Uncovered Load as noted $25 each No charge No charge 2x rate $50 each $10 each 2x rate, min. 2x rate No charge c O O ei V> No charge Vehicle Weight Tare/Gross $ each O M L!1n, O O O. -I No charge O 0 Ln V} 0 0 LA V? No charge Ln V? 0 , i V. $5.00 Lt1 N 0 LA V? Tires - Heavy Equip. as noted $130/ton $20 each a'o C O 4.4 oo m $154.5/ton 19 $300/ton $30 each $110/ton $15 each v C O - rn c V? c YO \ c YO \ O O tC CO V? $158.60/ton, $2 each27 C O O N V? 0 0 \ N '-' O N (..1 1 Tires - Truck as noted $100/ton $5 each $300/ton $30 each $110/ton $7.50 each $95/ton y1 0 CU45 H Q as noted $95/ton $2 each $105/ton $2 each $130/ton $4 each $110/ton 21 $55/ton25 N O \ N .-1 $95/ton $2 each 28 N C 1 o o Indian River St. Lucie Brevard Martin Highlands Palm Beach Volusia Manatee Sarasota ` O0 Y u Y L t 0 N ai CO CU N LT E w 4- 0 o v a ca E 'i Y To i 0 w to O0 -' E > 00 co u 0 y § C C N co 0 L v, u v cu L s (0c C LL L @ 0 co Y — N L Q� V? 0 O_\ .• (00 @ u-) N M 000 v v 1 E 0 v ou-1 a) C C 1i " . o •C O E;g To co c $ O> o v o f° Z +�+ U Y Vi L 3 v c a) b co :c 2 u a N v Q 0) c a, E ,� - y y iii Y N L CO vl LLI VI N u n U. ' v 0 N 00 o ri I E -o N voi E oo Voi 0) , M 0 c 10 10 00 V? U L 0 O L )• p LL u_ N E" V H O UO N 4- c N Y ) \ ar^ 0 `'1 L E O Y a -I v `» p M +-' a)0 E V? N N Ln, 0 a) OU a) _O w W L N e--1 OA O_ LOL-' O N V? V? 1 a) ` `� CD O- 0 C O LO to C +N E 0 O O 0 0 C c0 c0 < o m E > a, O0 y O m V? L L O ,c O C W LD - O > Lc) H ri u W ,.'1 O ) Q i) n u `) 00 N V. CO N V) CU 'v' rca v E c 2 v o c 'O O v 'U E C O i.J N .a a) 0 N L 00 O 0 H(. coo E L v L c\1.13 u? C v y s 0 E o ;. co 4- D co v; O r-' Y N O 'O a1 N 0 +' OD L co0 cu cu O Q �O ""O `a- In .-' M uV'- a) cr 0 in V> \ v L 0 'O N fL6 C 000 to m co O_ (NA Y . cC0 no `1 0_ 4-' O. y d '0 i0 --•-•.4.n fag i3 H 'U OL IA- N N H L_ a) L 00 d '^ -0 V7 'V, a) c V1 C 4- L 0C) 0 ca fa N C C to) y U 0 0 viLO N C N •u Y 0)) O O O00 4_ v1 a) 'n Y N N v cu L ca c c c -v La ali o E E Q N N U YO -0 '+L-' -00 +' OD Vi 4-, E ,o 0) Q a o\ Y '` ca i L b 0 0 0 `^ O� a0) aJ 4) i N O C LLL O N LL 0 0 < V} CC a 1r LL d' LL 0 co N o N N N N N N N N N flry N, Cr Key Observations and Next Steps Below are some key observations in comparing the SWDD's disposal rates to other counties. • The SWDD's C&D debris disposal rate ($31.80) is below the average of the counties surveyed ($41.53/ton). • Only two counties have a lower rate for clean concrete, both of which accept it at no charge. • More than half of the counties surveyed did not distinguish between clean concrete and C&D debris. • No other county surveyed accepted yard waste at no cost. • Half of the counties surveyed made no distinction between land clearing and yard waste. • The SWDD's rate for land clearing debris ($22/ton) is lower than all other surveyed counties' rates for either yard waste or land clearing debris. • The SWDD also has a lower rate of $18/ton for chipped/mulched land clearing debris. No other surveyed county has a separate rate for this. • The SWDD has the lowest rate for sludge ($15/ton). Aside from Broward County ($25/ton), all other rates were $49/ton or greater. • The SWDD also has the lowest rate for out -of -county waste ($60/ton), except for Martin, which does not distinguish between in- or out -of -county waste. Manatee County charges three times as much for out -of -county waste, which could be as high as $183/ton for C&D debris. While we caution the direct comparison of disposal rates, the information can provide insight on where the SWDD's disposal rates are compared to other counties. KCI recommends that the SWDD consider a rate revision for yard waste type materials to be in line with other counties. It is also recommended that out -of -county charges be revised and more effectively enforced to limit the bringing of materials from neighboring counties to the SWDD for disposal. Finally, a full review of the current assessments charged to customers and the composition of materials used to determine those assessments need updating to assist the SWDD in funding the infrastructure needed to manage those materials. As an example, the difference in material composition between a grocery store and a full-service restaurant has probably changed in the past fifteen to twenty years since those composition rates were developed. Changes in processing of materials for commodity reuse and recycling have greatly changed the composition landscape for many customers since that time. KCI has a proven history of providing quality composition data as well as developing accurate and dependable rate studies to assist organizations like the SWDD in determining accurate and fair rates for their customers. KCI looks forward to assisting the SWDD in this assessment and analysis. 233 07/07/2020 Item 15.6.6. kessler consulting inc. innovative waste solutions NDIAN-RI` I`ERV.000.NTY SOLID WASTE D.ISPOSAL'DISTRICT IPP.ING FEE RIATE SURVEY Him nlshu Mehta, SWDD Managing Director I � & Chas Jordan, Se,nio Consultant -Kessler\Co �sulting, Inc July 7, 2020 Rate Survey Project The Indian River County Solid Waste Disposal District (SWDD) requested that Kessler Consulting, Inc. (KCI) compare the SWDD's disposal rates with up to ten other counties in the state. These counties were selected due to their geographical proximity or similar population and scope of services provided. Only counties with publicly owned landfills and/or transfer stations, similar to the County, were considered for this analysis. • $10,000 Purchase Order Issued to KCI on March 27, 2020 kessler consulting inc. Innovative walte mAnlms 07/07/2020 Item 15.6.6. Florida Counties Surveyed ., T -.yJ i� Lhlighlands-County LManatee_County. Sarasota -Count Charlotte_County Volusia County Brevard County Indian River County St. Lucie County ,..��Martin County Lr, Palm Beach County kessler consulting inc. Wtontlrewane sefu:Ions e✓ eaira f ettalD tinzD Collection Program Florida Counties Surveyed Population Area (sq. mi.) r r 154,939 i East Central CrniType 503 IL Suburban/ Rural 2-1-1 309,359 East Central 572 Suburban -- --- ... — — r 2-1-1 594,469 East Central 1,016 Suburban 2-1-1 158,598 Southeast 543 Suburban 1-1-1 103,434 Central f 1,017 Suburban/ L—-— -- Rural =ERB Disposal Collection and Disposal ($276.14) Coll. ($139.70) and Disp.($57) Collection and Disposal ($314.37) Collection and Disposal ($173) 2-1-1 • 1,447,857 Southeast 1,970 Urban/ Coll. (varies) and Disp. Suburban ($175) 1-1-1 538,763 ,i East Central li 1,101 Suburban Collection and Disposal ($255). 2-1-1 387,414 Southwest 743 Suburban/ Rural 1-1-1 426,275 - Southwest 556 li Suburban 1-1-1 147,744 West Central - 582 Suburban/ Rural 1-1-1 181,770 Southwest 680 Suburban/ ' - - Rural_ --- None Collection and Disposal ($18659) _ Disposal (partial) ($25) Collection and Disposal ($215.73) l - � cck kessler consulting inc. Innovative waste =Anions 07/07/2020 Item 15.B.6. Survey Methodology KCI staff evaluated IRC's fee structure and obtained and evaluated other counties' tip fee structures to develop the comparison. Mauler wnsuMnginc kessler consulting inc. Innovathowxtetolnbn Key Observations from Survey The County's C&D debris disposal rate ($31.80) is below the average of the counties surveyed ($41.53/ton). r, 4. $70 560 =0 550 540 n 530 a 520 510 50 C&D Cost Comparison 560 561 $52 ca 4e ` .>e ¢,Sa �a (`fi4..ac 0 mah aa�a aa�r 0¢Qa4<s © Per Ton . -.....Population 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 i 07/07/2020 Item 15.6.6. Key Observations from Survey Only two counties have a lower rate for clean concrete, both of which accept it at no charge & over 50% of the counties surveyed did not distinguish between clean concrete and C&D debris. Imo+ `ll.r kessler consulting inc. warnb ..aae,o►nw,. Key Observations from Survey SWDD also has the lowest rate for out - of -county waste ($60/ton), except for Martin County, which does not distinguish between in- or out -of -county waste. For example, Manatee County charges three times as much for out -of - county waste, which could be as high as $183/ton for C&D debris, land clearing debris, dewatered sludge, etc. kessler consulting inc. innovative Mace scenictff 07/07/2020 Item 15.6.6. Key Observations from Survey No other county surveyed accepted yard waste at no cost & 50% of the counties surveyed made no distinction between land clearing and yard waste. $70 $60 c $5o H $40 a S30 a S20 $10 $0 Yard Waste Cost Comparison $61 $45 541-$401 _1__ 552 III $38 525.-.523 _ ...SZZ 4 -524 4 _ P�e� �aC'`ratS`�J`� aca� ceS ao\JSa 0`e 6,,Z air o Per Ton -Population 1,600,000 1,400,000 1,200,080 c 1,000,000 c 800,000 5 600,000 c 400,000 a 200,000 0 f kessler consulting inc. mgr wastPlalutions Primary Observation from Survey Indian River County SWDD's rates for various disposal types are generally lower than other counties near the County and in the same size and scope of services. CCL6-I kessler consulting inc. 07/07/2020 Item 15.6.6. Historical Non -Ad Valorem Assessment Indian River County SWDD's non -ad valorem assessment rates have been gradually increasing in order to keep up with increased costs. SWDD Residential ERU Rate History SWDD Commercial Assessment Rate History $138 $49 $128 $-M 32- 544 5443 $118 S. S1oa 1 $39 $3'7.33 $98 $88 >80:07 $34 $28.09 $78 .,..m., �. .. $29 $68 i. - $64.61 ,r 558 $24 $48 199 5.6 . . . . . . . . . . . . . . . . . . . $19 , , . , , , . . . . $38 $3151 0\00 Off''~ 'IaO°00' 6�0^ 090 O.' 'L�O� Per' 1�0� 000 O,�~ '1�.4> P%.h .VC' .S19 O.1y $28 ,„0„,,o,N0,'119; Pp;9y6‘;0,0:e11�'L� zsA0 i6,6i 130ip101,,,p � 1,0,"„61ti10�011,, �o� fid',' 1�'' ,�'' �9°' ti90 ti� ,y8 tib ,ycil 1� ,�0� ,�o'' .y0'` ,LO~ ,y0'� ,roti Next Steps • Staff and KCI recommend a full review of the methodology and generation rates used in determining the current assessment percentages as these were set very long ago. • Due to increased waste diversion and recycling efforts, changes in the processing of materials for commodity reuse and recycling (like plastics) have greatly changed the composition landscape for many customers since that time. RECOMMENDATION: Direct staff to bring back a proposal for a full solid waste rate analysis. • kessier consulting inc. • : meKwxiiesiin:sio,s