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05/19/2020 (3)
�ORi� A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 19, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A. Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari 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 Pastor Randy Bryant, Ryanwood Fellowship Church 3. PLEDGE OF ALLEGIANCE Jason'Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation in Recognition of Memorial Day, 2020 Attachments: Proclamation 5.13. Presentation of Proclamation Designating the Month of May, 2020, as Foster Care Awareness Month Attachments: Proclamation 6.: APPROVAL OF MINUTES May 19, 2020 Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8.. CONSENT AGENDA 8.A. Checks and Electronic Payments May 1, 2020 to May 7, 2020 Attachments: Finance Department Staff Report 8.B. Release of Retainage and Change Order No. 1, IRC North Reverse Osmosis (RO) Plant Roof Replacement (IRC -1802) Attachments: Staff Report Change Order 1 8.C. Disaster Debris Monitoring Agreement - DebrisTech Attachments: Staff Report Disaster Debris Monitoring Agreement 8.D. Asset Management Program: Computerized Maintenance Management System Software Selection Planning Service Attachments: Staff Report Exhibit 1, - Arcadis U.S., Inca Work order No 2 8.E. Developer's Agreement for the Installation of Off -Site Sewer Mains to Vero Beach Medical Office Building Attachments: Staff Report Developer's Agreement 8.F. North Sebastian Water and Sewer Phase 2 - Approval of FDEP Funding Agreement Attachments: Staff Report FDEP Standard Grant Agreement 8.G. Revision to Administrative Policy Manual - Approval of New Policy AM -701.2. Timekeeping Attachments: Staff Report 701.2 Timekeeping - New 2020 8.11. Change Order #I and #2 Jones' Pier Wetland Restoration and Conservation Improvements - Bid 2020017 Attachments: Staff Report Attachment 1 Carter Associates Ltr Attachment 2 - XGD CO#1 CO#2 proposals XGD Change Order 1 and 2 May 19, 2020 Page 2 of 6 8.I. Amendment 1, Work Order Number 1, Masteller . & Moler, Inc. - Continuing Engineering Services RFQ 2018008 - Hobart Park Baseball Fields Attachments: Staff Report WO Not -Amend No 1 WO No 1 -Amend Not -Exhibit A W01-Amend1 Manhours Exhibit 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Local Option Gas Tax Distribution Percentages (Legislative) Attachments: Staff Report Chapter 209 LOGO 2020 Chart -Spreadsheet Public Hearing Advertisement Sample letter to municipalities B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Limited (Land Acquisition) G.O. Refunding Note, Series 2015 Consideration of Early Payoff,,,, Attachments: Staff Report l Redemption Notice Authorizing Resolution F. Public Works May 19, 2020 Page 3 of 6 12.F.1. Termination of FDEP Grant Agreement No. 17IR1, Wabasso Beach Restoration Project (Sector 3).Mitigation Reef Attachments: Staff Report Executed FDEP Agreement 171R1 Grant Indian River County Grant.Form 171R1 FDEP e-mail for.non-transfer of allocated funds 12.F.2. 45th Street Improvements - 43rd Avenue to 58th Avenue, FDOT Small County Outreach Program (SCOP) Agreement, and Authorizing Resolution for FM No. 436848-1-54-01, IRC -1722 Attachments: Staff Report Indian River County Grant Form Authorizing Resolution FDOT SCOP Agreement 2017 Stan Boling Letter to FDOT 2017 FDOT Letter to Stan Boling G. Utilities Services 12.G.1. Work Order No. 2 with Kimley-Horn for North RO (Hobart) Supervisory. Control and Data Acquisition (SCADA) System Upgrades Attachments: Staff Report Work Order No 2 with KHA 13. COUNTY ATTORNEY MATTERS 13.A. Resolution Supporting School Operational Purposes Attachments: Staff Report Proposed Resolution Board Referendum for 0.5 Mill for School 13.13. School District Request for Reconsideration of Resolution Calling for Referendum on November 3, 2020 General Election Ballot Attachments: Staff Report Signed Ltr for BCC -5.13.2020 Order issued 08-15-19 - Clay County 1011.73, Florida Statutes 1011.71, Florida Statutes Florida Attorney General 98-29 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman May 19, 2020 Page 4 of 6 B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Leachate Pilot Study Results and Final Payment to the Indian River Eco -District and Geosyntec Attachments: Staff Report Geosyntec Summary Letter Final Invoice from Geosyntec Final Invoice from Indian River Eco -District LLC 15.11.2. Landfill Gas to Energy. Project - Approval for Indian River Eco -District's Request to Change Commencement Date Attachments: Staff Report Letter from Indian River Eco -District LLC 15.B.3. Indian River County Landfill Gas Expansion - Work Order No. 2 to CDM Smith,. Inc. Attachments: Staff Report IRC Landfill Work Order No 2 15. BA. Landfill Gas to Energy Project - Amendment No. Ito Work Order No. 4 to Tetra Tech, Inc. Attachments: Staff Report CCNA-2018 Amendment No 1 C. Environmental Control Board 16. ADJOURNMENT May 19, 2020 Page 5 of 6 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.irc¢ov.com The full agenda is also available.for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.m until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m May 19, 2020 i Page 6 of 6 PROCLAMATION IN RECOGNITION OF MEMORIAL DAY, 2020 WHEREAS, in the years following the end of the Civil War, flowers were placed on soldiers' graves as a solemn reminder of the scourge of war and its bitter aftermath of sorrow; and WHEREAS, the Congress, in a joint resolution approved May 11, 1950, provided that Memorial Day should be set aside as a day of prayer for permanent peace; and WHEREAS, Memorial Day is a cherished tradition, one whose observance helps us appreciate i our history, our values, and our responsibilities by reminding us that freedom is not free; and WHEREAS, Memorial Day has traditionally been devoted to paying homage to loved ones who lie in hallowed graves throughout the land, having sacrificed their lives so that war might end; and WHEREAS, on Memorial Day we collectively pause for a moment of reverence, reflecting on the heroics of all those who answered when called by their country to bear arms and protect and preserve the ideals of democracy; and WHEREAS, the Veterans Council of Indian River County -- consisting of 25 veterans organizations representing over 18,000 veterans residing in the county — aims to host safe, smart Memorial Day ceremonies on Monday, May 25th, 2020. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges all Indian River County residents to join together to rededicate ourselves to strengthening our Nation's promise, to pray for permanent peace, and to honor our fallen fellow Americans, both known and unknown, who sacrificed their freedom to ensure our own. Adopted this 19th day of May, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flesch'er, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 1 PROCLAMATION DESIGNATING THE MONTH OF MAY, 2020, AS FOSTER CARE AWARENESS MONTH WHEREAS, in 1988, President Reagan issued the first Presidential proclamation that established May as National Foster Care Month; and WHEREAS, in 2003, the State of Florida implemented Community -Based Care to save time and financial resources and improve effectiveness in reaching foster care goals and outcomes; and WHEREAS, the family -- serving as the primary source of love, identity, self-esteem, and support -- is the very foundation of our Indian River County community; and WHEREAS, in Indian River County there are typically more than 140 children in foster care being provided with a safe, secure, and stable home by a compassionate, nurturing foster family; and WHEREAS, foster families in Indian River County have opened their homes and hearts; to children of families in crisis, playing a vital role in helping families heal, reconnect, and find permanency; and WHEREAS, there is an on-going need for more foster homes in Indian River County to help launch children into successful adulthood; and WHEREAS, the community should be made aware of the needs of children, as well as the enduring commitment and contribution of foster parents. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of May, 2020, is "Foster Care Awareness Month," and all citizens are urged to volunteer their time, talent and energy on behalf of foster children, foster parents, and professional staff engaged in this critical endeavor. Adopted this 19th day of May, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 7, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 1, 2020 to May 7, 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 May 1, 2020 to May 7, 2020. 3 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 395011 05/01/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 395012 05/01/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 395013 05/01/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 395014 05/01/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 395015 05/01/2020 NORTH CAROLINA CHILD SUPPORT 105.69 395016 05/01/2020 AMERITAS 30,986.76 395017 05/01/2020 TOTAL ADMINISTRATIVE SERVICES CORP 848.12 395018 05/01/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 395019 05/01/2020 BREGO PROPERTIES LLC 1,625.00 395020 05/01/2020 VERO AUTOHAUS LLC 1,043.07 395021 05/01/2020 TX CHILD SUPPORT SDU 163.85 395022 05/06/2020 GUARDIAN EQUIPMENT INC 970.00 395023 05/06/2020 COMMUNICATIONS INTERNATIONAL 28,064.32 395024 05/06/2020 TEN -8 FIRE EQUIPMENT INC 351.83 395025 05/06/2020 RANGER CONSTRUCTION IND INC 2,416.84 395026 05/06/2020 VERO CHEMICAL DISTRIBUTORS INC 331.90 395027 05/06/2020 HENRY SCHEIN INC 746.66 395028 05/06/2020 SAFETY PRODUCTS INC 344.50 395029 05/06/2020 AT&T WIRELESS 2.18 395030 05/06/2020 PARALEE COMPANY INC 5,205.13 395031 05/06/2020 GRAINGER 70.23 395032 05/06/2020 KELLY TRACTOR CO 247.49 395033 05/06/2020 GRAYBAR ELECTRIC 2,210.73 395034 05/06/2020 CLIFF BERRY INC 591.90 395035 05/06/2020 AVERY DENNISON CORPORATION 4,832.40 395036 05/06/2020 BOUND TREE MEDICAL LLC 8,486.99 395037 05/06/2020 ECOTECH CONSULTANTS INC 2,674.00 395038 05/06/2020 TIRESOLES OF BROWARD INC 3,192.00 395039 05/06/2020 CITY ELECTRIC SUPPLY COMPANY 224.45 395040 05/06/2020 CARTER ASSOCIATES INC 15,740.10 395041 05/06/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 800.00 395042 05/06/2020 BLAKESLEE SERVICES INC 777.30 395043 05/06/2020 BAKER & TAYLOR INC 2,512.95 395044 05/06/2020 K & M ELECTRIC SUPPLY 315.24 395045 05/06/2020 BAKER DISTRIBUTING CO LLC 108.96 395046 05/06/2020 INDIAN RIVER COUNTY HEALTH DEPT 21,849.21 395047 05/06/2020 CITY OF VERO BEACH 111.46 395048 05/06/2020 JANITORIAL DEPOT OF AMERICA INC 87.92 395049 05/06/2020 ARTHUR J GALLAGHER RISK MGMT SERV INC 954,823.01 395050 05/06/2020 INTERNATIONAL GOLF MAINTENANCE INC 90,792.88 395051 05/06/2020 WEST PUBLISHING CORPORATION 194.00 395052 05/06/2020 FEDERAL EXPRESS CORP 200.69 395053 05/06/2020 MUNICIPAL CODE CORPORATION 1,504.71 395054 05/06/2020 TIMOTHY ROSE CONTRACTING INC 385,679.70 395055 05/06/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 114.00 395056 05/06/2020 FLORIDA POWER AND LIGHT 125,676.63 395057 05/06/2020 FLORIDA POWER AND LIGHT 2,650.04 395058 05/06/2020 STATE ATTORNEY 8,910.32 395059 05/06/2020 WASTE MANAGEMENT INC 201,063.88 395060 05/06/2020 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 395061 05/06/2020 TREASURE COAST SPORTS COMMISSION INC 10,617.40 395062 05/06/2020 TRANSPORTATION CONTROL SYSTEMS 16,807.25 395063 05/06/2020 PITNEY BOWES INC 201.00 395064. 05/06/2020 THE FLORIDA BAR 300.00 395065 05/06/2020 BANK OF NEW YORK 1,562.50 395066 05/06/2020 VERO BEACH ROOFING INC 10,345.50 395067 05/06/2020 SHRIEVE CHEMICAL CO 12,239.29 395068 05/06/2020 GATOR'S SOD INC 170.00 4 TRANS NBR DATE VENDOR AMOUNT 395069 05/06/2020 RUSSELL PAYNE INC 281.87 395070 05/06/2020 TRANS US INC 7,046.00 395071 05/06/2020 CELICO PARTNERSHIP 3,079.62 395072 05/06/2020 ALAN HILL 245.61 395073 05/06/2020 THE SHERWIN WILLIAMS CO 820.22 395074 05/06/2020 SOUTHERN JANITOR SUPPLY INC 801.24 395075 05/06/2020 GRAHAM CLAYBURN 5.00 395076 05/06/2020 HEVERON GROUP INC 22,166.16 395077 05/06/2020 GLOVER OIL COMPANY INC 863.40 395078 05/06/2020 GERELCOM INC 819.00 395079 05/06/2020 1 ST FIRE & SECURITY INC 299.50 395080 05/06/2020 PAMELA R CUMMINGS 1,489.00 395081 05/06/2020 SHAYLA THORNTON 74.55 395082 05/06/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,000.00 395083 05/06/2020 PIPER AIRCRAFT INC 1,260.00 395084 05/06/2020 KWACKS INC 17,893.08 395085 05/06/2020 PATTYS PRINTING & GRAPHICS INC 626.00 395086 05/06/2020 WINSUPPLY OF VERO BEACH 94.93 395087 05/06/2020 FEED THE LAMBS ENRICHMENT PROGRAM INC 1,874.00 395088 05/06/2020 NORTH HARRIS COMPUTER CORPORATION 16,800.00 395089 05/06/2020 FLORIDA ARMATURE WORKS INC 639.45 395090 05/06/2020 OVERDRIVE INC 3,040.92 395091 05/06/2020 DANELLA CONSTRUCTION CORPORATION OF FL INC 1,184.58 395092 05/06/2020 VERO BEACH PARTNERSHIP 400.00 395093 05/06/2020 VERO BEACH PARTNERSHIP 400.00 395094 05/06/2020 ALAN JAY CHEVROLET CADILLAC 23,281.00 395095 05/06/2020 JOSHUA HARVEY GHIZ 675.00 395096 05/06/2020 MARK A ODOM CONSTRUCTION INC 2,950.00 395097 05/06/2020 BURNETT LIME CO INC 9,629.20 395098 05/06/2020 STRAIGHT OAK LLC 24.95 395099 05/06/2020 SOUTHERN MANAGEMENT LLC 6,475.00 395100 05/06/2020 STEWART & STEVENSON FDDA LLC 343.00 395101 05/06/2020 C E R SIGNATURE CLEANING 150.00 395102 05/06/2020 KESSLER CONSULTING INC 1,850.00 395103 05/06/2020 SWARCO INDUSTRIES INC 29,304.00 395104 05/06/2020 MICHAEL EDWARD HAMILTON 300.00 395105 05/06/2020 ANFIELD CONSULTING GROUP INC 10,000.00 395106 05/06/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,305.00 395107 05/06/2020 CATHEDRAL CORPORATION 1,134.70 395108 05/06/2020 UNIFIRST CORPORATION 1,756.67 395109 05/06/2020 CDA SOLUTIONS INC 313.23 395110 05/06/2020 SOLAR SOLUTIONS WINDOW TINTING INC 85.00 395111 05/06/2020 SCHUMACHER AUTOMOTIVE DELRAY LLC 226.83 395112 05/06/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 564.00 395113 05/06/2020 GOTTA GO GREEN ENTERPISES INC 52.65 395114 05/06/2020 HYDROMAX USA LLC 3,274.52 395115 05/06/2020 BARSALOU VENTURES LLC 560.88 395116 05/06/2020 FLORIDA EAST COAST HOLDINGS CORP 7,200.00 395117 05/06/2020 SCORECARDS UNLIMITED LLC 2,745.00 395118 05/06/2020 COLE AUTO SUPPLY INC 3,649.50 395119 05/06/2020 MILB ENTERPRISE HOLDINGS LLC 6,500.00 395120 05/06/2020 DAYDREAMS UNIFORMS INC 4,307.95 395121 05/06/2020 BOWMAN CONSULTING GROUP LTD 1,730.00 395122 05/06/2020 CORE & MAIN LP 10,047.38 395123 05/06/2020 DIRECTV GROUP INC 128.23 395124 05/06/2020 EMPIRE PIPE ORLANDO LLC 53,494.00 395125 05/06/2020 VIKING LANDSCAPING LLC 7,500.00 395126 05/06/2020 AMAZON CAPITAL SERVICES INC 4,758.92 395127 05/06/2020 TREASURE COAST PLUMBING LLC 1,502.50 395128 05/06/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 1,420.00 TRANS NBR DATE VENDOR AMOUNT 395129 05/06/2020 PIRATE PEST CONTROL LLC 112.00 395130 05/06/2020 AMERIGAS PROPANE LP 4,384.46 395131 05/06/2020 HOPPING GREEN & SAMS PA 3,027.00 395132 05/06/2020 BENEFIT EXPRESS SERVICES LLC 5,954.00 395133 05/06/2020 JORDAN POWER EQUIPMENT CORP 336.40 395134 05/06/2020 DEANGELO BROTHERS LLC 1,350.00 395135 05/06/2020 LIBERTY TIRE RECYCLING LLC 4,948.56 395136 05/06/2020 MULLINAX FORD OF VERO BEACH 1,574.56 395137 05/06/2020 DESK SPINCO INC 577.53 395138 05/06/2020 XGD SYSTEMS LLC 224,046.12 395139 05/06/2020 STAPLES INC 117.08 395140 05/06/2020 LOWES COMPANIES INC 5,082.85 395141 05/06/2020 PEOPLEREADY INC 2,756.00 395142 05/06/2020 SMI TRADING LLC 36.48 395143 05/06/2020 TECH SYSTEMS INC 73,170.00 395144 05/06/2020 DEX IMAGING LLC 86.11 395145 05/06/2020 JEFFREY ALAN BRAUER 200.00 395146 05/06/2020 LUMENEST LIGHTING INC OF FLORIDA 310.66 395147 05/06/2020 RYAN INCORPORATED SOUTHERN 35,505.00 395148 05/06/2020 PERFORMANCE PAVING SEALCOATING & MAINTENANCEIM00 395149 05/06/2020 TIFFANIE ROBERTS 111.83 395150 05/06/2020 RANDALL LUNDY 111.83 395151 05/06/2020 ERIKA ESCOBEDO 79.88 395152 05/06/2020 KATIE DUBOIS 79.88 395153 05/06/2020 HAZEL STOKES 80.03 395154 05/06/2020 INDIAN RIVER FIREFIGHTERS BENEVOLENT ASSOC INC4,000.00 Grand Total: 2,617,879.89 6 RENTAL. ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900460 05/01/2020 GRACES LANDING LTD 10,135.00 900461 05/01/2020 WILLIE C REAGAN 468.00 900462 05/01/2020 RIVER PARK ASSOCIATES LIMITED 12,540.00 900463 05/01/2020 BETTY DAVIS SCROGGS 663.00 900464 05/01/2020 CREATIVE CHOICE HOMES XVI LTD 17,403.00 900465 05/01/2020 DAVID YORK 584.00 900466 05/01/2020 ST FRANCIS MANOR OF VERO BEACH 445.00 900467 05/01/2020 TREASURE COAST HOMELESS SERVICES 3,958.00 900468 05/01/2020 FLORIDA POWER AND LIGHT 342.00 900469 05/01/2020 DAVID SPARKS 366.00 900470 05/01/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,414.00 900471 05/01/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,522.00 900472 05/01/2020 CRAIG MERRILL 494.00 900473 05/01/2020 THE PALMS AT VERO BEACH 17,912.00 900474 05/01/2020 DAVID CONDON 718.00 900475 05/01/2020 HILARY MCIVOR 520.00 900476 05/01/2020 PELICAN ISLES LP 6,874.00 900477 05/01/2020 SUNCOAST REALTY & RENTAL MGMT LLC 6,146.00 . 900478 05/01/2020 OAK RIVER PROPERTIES INC 345.00 900479 05/01/2020 ADINA GOLDMAN 604.00 900480 05/01/2020 INDIAN RIVER RDA LP 4,518.00 900481 05/01/2020 LAZY J LLC 1,732.00 900482 05/01/2020 JESSE LEWIS 678.00 900483 05/01/2020 SKOKIE HOLDINGS INC 703.00 900484 05/01/2020 OSLO VALLEY PROPERTIES INC 363.00 900485 05/01/2020 SAID S MOOBARK 1,611.00 900486 05/01/2020 OSCEOLA COUNTY SECTION 8 759.26 900487 05/01/2020 ANTHONY ARROYO 692.00 900488 05/01/2020 DANIEL CORY MARTIN 703.00 900489 05/01/2020 YVONNE KOUTSOFIOS 120.00 900490 05/01/2020 ALAN R TOKAR 762.00 900491 05/01/2020 VERO BEACH VILLAS I LLC 449.00 900492 05/01/2020 BRIAN E GALLAGHER 591.00 900493 05/01/2020 FOUNDATION FOR AFFORDABLE RENTAL 27,348.00 900494 05/01/2020 RICHARD KUSSEROW 449.00 900495 05/01/2020 JOHN T STANLEY 808.00 900496 05/01/2020 WEDGEWOOD RENTALS LLC 1,726.00 900497 05/01/2020 ALMA LUCKETT 802.00 900498 05/01/2020 MCLAUGHLIN PROPERTIES LLC 1,366.00 900499 05/01/2020 MYRIAM MELENDEZ 565.00 900500 05/01/2020 WATSON REALTY GROUP 2,695.00 900501 05/01/2020 SHER LLC 435.00 900502 05/01/2020 LAWRENCE C SALTER 470.00 900503 05/01/2020 SUNQUEST APRTMENTS LLC 2,529.00 900504 05/01/2020 PJD HOLDINGS LLC 1,063.00 900505 05/01/2020 ORCHARD GROVE VENTURE LLC 2,897.00 900506 05/01/2020 SONRISE APARTMENT PROPERTIES LLC 3,334.00 900507 05/01/2020 2545 INDIAN RIVER BOULEVARD LLC 377.00 900508 05/01/2020 SREIT LEXINGTON CLUB LLC 21,967.00 900509 05/01/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 14,857.00 900510 05/01/2020 CREATIVE CHOICE HOMES XVI LTD 626.00 900511 05/01/2020 FLORIDA POWER AND LIGHT 77.00 7 1 TRANS NBR DATE VENDOR AMOUNT 900512 05/01/2020 SCOT WILKE 202.00 900513 05/01/2020 FOUNDATION FOR AFFORDABLE RENTAL 883.00 900514 05/07/2020 CREATIVE CHOICE HOMES XVI LTD 626.00 900515 05/07/2020 FLORIDA POWER AND LIGHT 77.00 900516 05/07/2020 IRC HOUSING AUTHORITY 271.00 900517 05/07/2020 FOUNDATION FOR AFFORDABLE RENTAL 1,247.00 900518 05/07/2020 COALITION FOR ATTAINABLE HOMES INC 850.00 900519 05/07/2020 CANON FINANCIAL SERVICES INC 266.88 900520 05/07/2020 SREIT LEXINGTON CLUB LLC 612.00 900521 05/07/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 418.00 Grand Total: 191,978.14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR , AMOUNT 1016582 05/04/2020 RING POWER CORPORATION 1,216.06 1016583 05/04/2020 MEEKS PLUMBING INC 5,073.00 1016584 05/04/2020 THYSSENKRUPP ELEVATOR CORPORATION 750.00 1016585 05/04/2020 STRYKER SALES CORP 31,971.36 1016586 05/04/2020 PROTRANSMASTERS II INC 991.95 1016587 05/04/2020 STAT MEDICAL DISPOSAL INC 50.00 1016588 05/04/2020 RADWELL INTERNATIONAL INC 534.88 1016589 05/04/2020 NEXAIR LLC 332.72 1016590 05/04/2020 PACE ANALYTICAL SERVICES LLC 3,209.00 1016591 05/04/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 153.28 1016592 05/07/2020 AT&T CORP 217.14 1016593 05/07/2020 OFFICE DEPOT INC 511.79 1016594 05/07/2020 COMCAST 459.85 1016595 05/07/2020 WASTE MANAGEMENT INC OF FLORIDA 11,386.25 1016596 05/07/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 13,500.00 Grand Total: 70,357.28 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS DATE VENDOR AMOUNT NBR 7630 05/01/2020 KIMLEY HORN & ASSOC INC 3,960.00 7631 05/01/2020 ST LUCIE BATTERY & TIRE CO 1,030.00 7632 05/01/2020 CLERK OF CIRCUIT COURT 90,887.58 7633 05/01/2020 IRC FIRE FIGHTERS ASSOC 9,428.20 7634 05/01/2020 AMERICAN FAMILY LIFE ASSURANCE CO 21,076.31 7635 05/01/2020 FL SDU 5,502.85 7636 05/01/2020 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7637 05/01/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 39,706.50 7638 05/01/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 7639 05/01/2020 MUTUAL OF OMAHA 18,943.79 7640 05/01/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 65,516.96 7641 05/01/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,225.05 7642 05/01/2020 C E R SIGNATURE CLEANING 7,605.20 7643 05/01/2020 C E R SIGNATURE CLEANING 3,680.00 7644 05/01/2020 CHARD SNYDER & ASSOCIATES INC 92.00 7645 05/01/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,229.20 7646 05/01/2020 TOTAL ADMINISTRATIVE SERVICES CORP 13,222.16 7647 05/01/2020 NATIONAL METERING SERVICES INC 34,637.40 7648 05/04/2020 TOWN OF INDIAN RIVER SHORES 7,020.02 7649 05/04/2020 KIMLEY HORN & ASSOC INC 30,991.76 7650 05/04/2020 SENIOR RESOURCE ASSOCIATION 301,820.26 7651 05/04/2020 IRS -PAYROLL TAXES 488,312.66 7652 05/04/2020 ATLANTIC COASTAL LAND TITLE CO LLC 16,725.00 PCARD 05/04/2020 TD BANK, N.A. 10,487.30 7653 05/06/2020 VETERANS COUNCIL OF I R C 6,191.10 7654 05/06/2020 FL RETIREMENT SYSTEM 677,110.80 7655 05/06/2020 VEROTOWN LLC 5,000.00 7656 05/07/2020 VEROTOWN LLC 15,000.00 Grand Total: 6,360,959.74 10 INDIAN RIVER COUNTY, FLORIDA ' MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: Release of Retainage and Change Order No. 1 IRC North Reverse Osmosis (RO) Plant Roof Replacement IRC -1802 DATE: April 28, 2020 DESCRIPTION AND CONDITIONS On April 9, 2019, the Board of County Commissioners awarded Bid No. 2019031 to Vero Beach Roofing, Inc. in the amount of $285,740.00 to construct replacement roofs at the County's North RO Plant building, located at 775158th Avenue. Change Order No.1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $39,110.00 for a final cost of $246,630.00 and makes final contract time adjustments. Vero Beach Roofing, Inc. has successfully completed the project and has been paid $234,298.50 with $12,331.50 held in retainage. Vero Beach Roofing, Inc. has submitted Contractor's Application for Payment No. 1802-4 for release of retainage in the amount of $12,331.50. FUNDING Funding for the release of retainage in the amount of $12,331.50 is available in Utilities Vero Beach Roofing Retainage/Account No. 471-206000-18506. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1802-4 in the amount of $12,331.50 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 1802-4 Change Order No. 1 APPROVED AGENDA ITEM FOR MAY 19 2020 11 99 SECTION 00942 - Change Order Form DATE OF ISSUANCE: May 19, 2020 OWNER: Indian River County CONTRACTOR Vero Beach Roofing, Inc. Project: IRC -1802 OWNER'S Bid No. 2019031 No. 1 EFFECTIVE DATE: May 19, 2020 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: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $285,740.00 Net decrease of this Change Order: $39.110.00 Contract Price with all approved Change Orders: $246,630.00 ACCEPTED: By: CONTRACTOR (Signature) Vero Beach Roofing, Inc. Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 90 Final Completion: 120 Net increase this Change Order: (days or dates) Substantial Completion: 88 Final Completion: 88 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 178 Final Completion: 208 RECOMMENDED: By: James W. Ennis, PE, PMP Assistant Public Works Director APPROVED: By: Richard B. Szpyrka, P.E. Public Works Director 12 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: IRC NORTH RO PLANT ROOF REPLACEMENT PROJECT NO. IRC -1802 BID NO. 2019031 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD 1 LIGHTNING PROTECTION SYSTEM LS 1 10 890.00 10 890.00 FA FORCE ACCOUNT LS 1 50 000.00 50,000.00 SUBTOTALS 10,890.00 50,000.00 EIRC NORTH RO PLANT ROOF REPLACEMENT TOTAL $ (39,110.00) 13 �c INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 8, 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: Disaster Debris Monitoring Agreement - DebrisTech BACKGROUND: On January 14, 2020, the Board approved the selection committee's final ranking of firms for RFP 2019062 for Disaster Debris Monitoring. ANALYSIS: Staff has successfully reached an agreement on terms with the top ranked proposer, DebrisTech, LLC. FUNDING: Any expenses incurred for work under the agreement are anticipated to be funded through FEMA project worksheets. RECOMMENDATION: Staff recommends the Board approve the agreement and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. Attachment: Disaster Debris Monitoring Agreement 14 Disaster Debris Monitoring 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 COUNTY) and DEBRISTECH, LLC, a Foreign Limited Liability Company, whose address is 925 Goodyear Boulevard, Picayune, MS 39466 (hereinafter called CONSULTANT). COUNTY and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS: The COUNTY issued and the CONSULTANT was selected as Primary Consultant through Request for Proposals (RFP) 2019062. All documents related to the RFP, including the CONSULTANT's response are incorporated into this agreement by reference. A. The CONSULTANT is willing and able to perform the Services (as defined below) for the COUNTY on the terms and conditions set forth below; and The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services. 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 Work specified under this document includes the following (collectively, the "Services"): Monitoring the recovery efforts of the County's Debris Management Contractor (DMC) in the field in accordance with the Stafford Act and Federal Emergency Management Administration (FEMA) policies and guidelines, monitoring debris collection, Temporary Debris Management Sites (TDMSs), and residential debris Drop -Off Sites, as well as data reporting and other related services, monitoring the DMC's progress and suggest and assist with implementing recommendations to improve efficiency and performing the necessary functions for FEMA and Insurance reimbursement rules and procedures. Firm must have experience and knowledge with state, local and federal environmental regulating and permitting agencies. Firm will be responsible for the project from beginning to end to ensure maximum financial recovery for the County 1.2 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the initial three-year term of this Agreement. 1.3 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 CONSULTANT will receive during the term of this Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY shall provide all requested information requested by CONSULTANT in a reasonable 15 amount of time. 2.2 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. 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 CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT 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 CONSULTANT, 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 CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT 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 CONSULTANT 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 CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.10 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager on a daily basis in a format acceptable to the County upon issuance of Notice to Proceed (NTP) for any work performed by the CONSULTANT, upon request outside the issuance of a NTP, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his 16 authorized agent at any time, upon reasonable request. 3.11 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT 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. 3.12 The CONSULTANT 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 may be hard copy, but electronic copies are preferred. The Books shall identify the Services rendered on a daily basis 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 auditthe Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall provide the COUNTY with an electronic copy of the Books, 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. 3.13 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 4. TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for an initial term of two years, with two additional two-year renewals available, subject to mutual agreement, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT based on actual hours worked at the rates provided in Exhibit 1 and submitted by monthly invoice. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, 17 upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval,ten 18 (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall also be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to 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 CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8. TERMINATION 8.1 The occurrence of any of the following shall constitute a default by CONSULTANT 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: (A) if in the COUNTY's opinion CONSULTANT is improperly performing work or violating any provision(s) of the Contract Documents; (B) if CONSULTANT neglects or refuses to correct defective work; (C) if in the COUNTY's opinion CONSULTANT's work is being unnecessarily delayed and will not be finished within the prescribed time; (D) if CONSULTANT assigns this Contract or any money accruing thereon orapproved thereon; or (E) if CONSULTANT 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 CONSULTANT or for any of his property. 8.2. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONSULTANT in writing of the grounds for termination and provide CONSULTANT with ten (10) calendar days to cure the default to the reasonable satisfaction of the COUNTY. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 COUNTY may at any time and for any reason terminate CONSULTANT's services and work for COUNTY's convenience. Upon receipt of notice of such termination CONSULTANT 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 19 termination Consultant shall be entitled to payment only as follows: (A) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (B) such other costs actually incurred by CONSULTANT as are permitted by the prime contract and approved by the COUNTY. CONSULTANT shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 8.5 In the'event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.6 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 8.7 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.8 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of consultant 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, CONSULTANT certifies that it and those related entities of CONSULTANT 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. 8.10 COUNTY may terminate this Contract if CONSULTANT 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. 8.11 COUNTY may terminate this Contract if CONSULTANT, 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. [INTENTIONALLY BLANK] 10. MISCELLANEOUS PROVISIONS 10.1 Independent Consultant. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent consultants performing solely under the terms of the Agreement and not otherwise. 20 10.2 Merger; Modification. 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 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 CONSULTANT and the COUNTY. 10.3 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. 10.4 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 waiver of one or more defaults does not constitute a waiver 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. 10.5 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. 10.6 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. 10.7 No Pledge of Credit. The CONSULTANT 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. 10.8 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONSULTANT or COUNTY shall survive the termination or expiration of this Agreement. 10.9 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 parties or parties may require. The parties hereby acknowledge and agree 21 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. 10.10 Counterparts. This Agreement maybe 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. 10.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract,the CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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 180127th Street Vero Beach, FL 32960 C. Failure of the CONSULTANT to comply with these requirements shall be a material breach of this Agreement. 11. FEDERAL CLAUSES 11.1 During the performance of this contract, the CONSULTANT agrees to ensure equal employment opportunity as follows: (A) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to 22 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 CONSULTANT 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. (B) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (C) The CONSULTANT 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 CONSULTANT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The CONSULTANT 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. (E) The CONSULTANT 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. (F) In the event of the CONSULTANT'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 CONSULTANT 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. (G) The CONSULTANT 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 CONSULTANT 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 CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 11.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (A) 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. (B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the CONSULTANT and any subcontractor or vendor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor or vendor shall be liable to the United States (in the case of work done under contract for the District of 23 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 (A) of this section. (C) 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 CONSULTANT or subcontractor or vendor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subcontractor or vendor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) ofthissection. (D) Subcontracts. The CONSULTANT or subcontractor or vendor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. 11.3 The CONSULTANT 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. The CONSULTANT agrees to report each violation to 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. The CONSULTANT agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 11.4 The CONSULTANT 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. The CONSULTANT 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. The CONSULTANT agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 11.5 The CONSULTANT 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, where applicable. 11.6. A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.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 CONSULTANT is required to verify that none of the CONSULTANT, 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). The CONSULTANT must comply with 2 C.F.R. pt. 24 180, 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. This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the CONSULTANT 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 of Florida and COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 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. 11.7 CONSULTANTS who apply or bid for an award of $100,000 or more shall file the required certification under the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)). 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. 11.8 In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (A) Competitively within a timeframe providing for compliance with the contract performance schedule; (B) Meeting contract performance requirements; or (C) At a reasonable price. (D) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at: httP://www.epa.gov/cpg/products.htm. 11.10 The following access to records requirements apply to this contract: (A) The CONSULTANT agrees to provide State of Florida, 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 CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The CONSULTANT 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. 11.11 The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions off lags or likenesses of DHS agency officials without specific FEMA pre -approval. 11.12. This is an acknowledgement that FEMA financial assistance may be used to fund the contract. The CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 11.13 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. 25, 11.14 The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT's actions pertaining to this contract. 11.15 CONSULTANT shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (A) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (B) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (C) 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. (D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (E) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 26 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: By Printed Name and Title Date Witness: By Printed Name INDIAN RIVER COUNTY By its Board of County Commissioners By Susan Adams, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By DeputyClerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 27 Exhibit 1— Pricing 28 2019062 RFP for Disaster Debris Monitoring - Final PROPOSAL PRICING - RFP 2019060 for FEMA Debris Monitoring Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work, such as overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses. Daily and weekly rates shall be based on 12 -hour days, seven days per week. Position or Equivalent Hourly Rate Daily Rates Weekly Rates 1. Project Manager $ 75.00 $ 900.00 $ 6,300.00 2. Operations Manager $ 65.00 $ 780.00 $ 5,460.00 3. Environmental Specialist $ 85.00 $ 1,020.00 $ 7,140.00 4. Field Supervisor $ 47.00 $ 564.00 $ 3,948.00 5. Field Monitor $ 34.00 $ 408.00 $ 2,856.00 6. TDMS and Drop-off Site Monitor $ 34.00 $ 408.00 $ 2,856.00 7. Supervising Monitor $ 34.00 $ 408.00 $ 2,856.00 8. Data Manager $ 34.00 $ 408.00 $ 2,856.00 9. Cost Recovery Specialist $ 95.00 $ 1,140.00 $ 7,980.00 10. GIS Specialist $ 00.00 $ 00.00 $ 00.00 11. Billing/Invoice Analyst $ 00.00 $ 00.00 $ 00.00 12. Administrative Support/Data Entry $ 00.00 $ 00.00 $ 00.00 Identify added value benefits (pro bono) related to debris monitoring that your firm will provide. Item/Description: DebrisTech will use its electronic debris monitoring system free of chame DebrisTech will be available for pre -event debris removal planning consulting free of charge. DebrisTech will be available for pre -event debris removal planning consulting services free of charge. DebrisTech will be available to reconcile debris removal invoices and recommend for payment free of charge. Describe processes in place or methods used to ensure hours worked are reasonable and not inflated (attach additional pages, if necessary): While monitoring this debris removal project. DebrisTech will employ its in-house developed electronic time keeping system. This system captures the exact time and place of every employee clock in. By capturing the exact time and place of every clock in and out we are able to ensure the hours recorded are hours working on your project. There will be no hours billed to the county that are not related to debris removal. Page 23 of 45 29 53 2019062 RFP for Disaster Debris Monitoring - Final The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. DebrisTech, LLC 925 Goodyear Blvd _ Name of Firm Address Picayune, MS 39466 Authorized Signature City, State, Zip Code: President ( 601 ) 658 - 9598 Title Phone October , 2019 brooks@debristech.com Date Signed E-mail Page 24 of 45 30 54 Indian River County, Florida Department of Utility Services Board Memorandum Date: May 07, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Asset Management Program: Computerized Maintenance Management System Software Selection Planning Service Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns and operates both water and wastewater utility infrastructure and serves approximately 50,000 accounts. This infrastructure consists of water production facilities, water wells, potable water distribution networks, wastewater treatment facilities, wastewater collection systems, and reclaimed water distribution networks. This infrastructure is comprised of a considerable number of assets in the form of equipment, buildings, property, pipelines, manholes, supply wells, and a variety of other components used in operating the systems. These assets require preventative and corrective maintenance with a limited service life requiring eventual replacement. In addition, the systems will expand over time as new customers connect to the system, adding additional assets to the infrastructure. Analysis: IRCDUS desires to, replace the existing Utility Asset Management Computerized Maintenance Management System (CMMS) with a new software system that meets all necessary functional requirements for the successful management of plant, pumping and pipeline assets. The CMMS must provide data -driven metrics to drive decision making, budgetary processes, projections, and report/audit functionality. To achieve this goal, IRCDUS is initiating this work order to receive planning assistance with selecting the best -fit software platform. As part of the Phase I Asset Management work, Arcadis U.S.,'Inc. (Arcadis) performed an analysis to determine the relative cost to update and correct the existing SEMS implementation at IRCDUS versus replacement, and it was determined that the cost of a new system would be similar to the cost of updating the existing system. Arcadis believes that legacy software system replacements such as this are the ideal time to improve overall business process execution, using the new technology as the lever to make positive changes to the organizational performance. Pursuant to the Agreement for Professional Services entered into on October 17, 2017, IRCDUS solicited a proposal from Arcadis for the CMMS software selection planning service. Arcadis has submitted Work Order No. 2. 31 This analysis is not just a utility -related function. It will incorporate the existing utility operational policies and procedures of operations, maintenance and planning, which routinely' relies on the Geographic Information Systems (GIS) and Information Technology (IT). Both the GIS and IT stakeholders have played an active role in assisting IRCDUS in refining the proposed scope of work to ensure that it meets the minimum functional requirements. The two-month project consists of three main tasks as follows: Task 1— PROJECT MANAGEMENT AND KICKOFF MEETING • Task 2 -REQUIREMENTS DEFINITION • Task 3 —PROCUREMENT PLANNING Funding: Funding of $50,405 for the Asset Management Plan (AMP) CMMS software selection planning services was budgeted and approved for Fiscal Year (FY)19/20. Funding for the CMMS planning service is available in the other professional services account in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Other Professional Services 47123536-033190 $50,405. Recommendation: Staff recommends approval of the scope of services outlined in Exhibit 1 and requests the Board of County Commissioners approve Arcadis U.S., Inc. Work Order No. 2 for a lump sum amount of $50,405.00. Attachment: Exhibit 1- Computerized Maintenance Management System Software Selection Planning Service 32 CCNA2017029 WORK ORDER Number 2 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM(CMMS) SOFTWARE SELECTION PLANNING SERVICES CONSULTANT: ARCADIS U.S. By: Print Name: Celine Hoer Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman 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 33 EXHIBIT 1 Work Order Number 2 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM(CMMS) SOFTWARE SELECTION PLANNING SERVICES 1) PROJECT UNDERSTANDING Indian River County Department of Utility Services (IRCDUS) owns and operates both water and wastewater utility infrastructure and serves approximately 50,000 accounts. This infrastructure consists of water production facilities, water wells, potable water distribution networks, wastewater treatment facilities, wastewater collection systems, and reclaimed water distribution networks. This infrastructure is comprised of a considerable number of assets in the form of equipment, buildings, property, pipelines, manholes, supply wells, and a variety of other components used in operating the systems. These assets require preventative and corrective maintenance with a limited service life requiring eventual replacement. In addition, the systems will expand over time as new customers connect to the system, adding additional assets to the infrastructure. IRCDUS desires to replace their existing Utility Asset Management Computerized Maintenance Management System (CMMS) with a new software system that meets all necessary functional requirements for the successful management of plant, pumping and pipeline assets. The CMMS must provide data -driven metrics to drive decision making, budgetary processes, projections and report/audit functionality. To achieve this goal, IRCDUS is initiating this work order to receive assistance with selecting the best -fit software platform. As part of the Phase I Asset Management work, Arcadis U.S., Inc. (Arcadis) performed an analysis to determine the relative cost to update and correct the existing SEMS implementation at IRCDUS versus replacement, and it was determined that the cost of a new system would be similar to the cost of updating the existing system. Arcadis believes that legacy software system replacements such as this are the ideal time to improve overall business process execution, using the new technology as the lever to make positive changes to the organizational performance. Our proposed approach has been developed based on our extensive experience applying technology to achieve business outcomes and is intended to ensure that IRCDUS' CMMS Software Selection Services project is much more than a technology upgrade. We expect that the resultant system will provide tangible customer service improvements and will provide the foundation for IRCDUS to apply advanced asset management practices. Detailed scope of work follows. 2) SCOPE OF SERVICES Upon authorization to proceed from IRCDUS, Arcadis will provide the following identified services. 34 Task 1— PROJECT MANAGEMENT AND KICKOFF MEETING This task consists of overall management of the project including budget management, invoicing, monthly status reports, project scheduling, and coordination with IRCDUS. 1.1 Project Management. Services provided will include project staffing, budget, schedule management, monthly invoicing, status reports, quality assurance, and deliverable review over the anticipated life of this project. Project Management will be ongoing for the duration of the project. 1.2 Project Schedule. Upon notice to proceed, Arcadis will finalize the project schedule and submit to IRCDUS for review and approval. During project execution, Arcadis will submit monthly status reports that detail the project's progress, and our Project Manager will conduct regular status calls with the IRCDUS project team. 1.3 Project Kickoff Meeting. Arcadis will facilitate a kick-off meeting workshop with IRCDUS staff, including the project sponsors, key staff, subject matter experts and other stakeholders, as appropriate, to review the project tasks and schedule, and gain consensus on the overall project objectives. This will be conducted remotely to expedite scheduling and be cost effective. The meeting will help orient all participants on the project approach, gather their expectations, review core function and business practice processes gathered to date, and identify areas of input that will be required for the success of the project. Task 1 Deliverables: • Kick-off Meeting agenda and minutes • Monthly invoicing including a summary of work completed Task 2 - REQUIREMENTS DEFINITION Based on our understanding of the needs of this project, IRCDUS desires more than a simple maintenance management system replacement; IRCDUS seeks to implement a system that can support advanced asset management processes. Our approach to asset management requirements definition will take a broad approach, leveraging Arcadis' water industry leading position in asset management and our in-depth knowledge of advanced asset management practices. The requirements for the CMMS describe how it should function, based on the desired future state. The purpose of this task is to define the system requirements, which are used as the basis for development of a Request for Proposals (RFP) and system procurement. 2.1 Stakeholder Interviews. Arcadis will consider the needs of various stakeholder groups who may be impacted by the new systems, including information technology, cyber security, customer service, operations and maintenance, field staff, inventory staff, and management. Arcadis will conduct up to three one-hour project interviews via conference 35 calls with internal stakeholder groups to discuss their needs for the CMMS. At the completion of the interview process, Arcadis will facilitate a series of Asset Management workshops to finalize the requirements, as discussed below. The workshops will be divided into asset management, integration, data conversion and technical requirements. 2.2 Asset Management Requirements Workshop. Two asset management workshops approximately 3 hours in duration will be conducted via video conference call and will cover areas related to work and maintenance management, asset data maintenance, inventory management, and asset condition management. A meeting pre -read packet will be provided prior to the workshops which will contain preliminary requirements for discussion during the workshops. Topics to be covered include areas such as: • Asset hierarchy • Work order processing and cost accounting • Mobile application requirements for work order processing • Work crews assignments • Tools and equipment tracking • Asset valuation, depreciation, refurbishment • GIS application requirements • Inventory/warehouse management • Document management • Fleet management • Asset physical condition, performance condition and consequence of failure • Asset risk • Reporting and business intelligence 2.3 Interface Requirements Workshop. The CMMS may require integration points with existing systems. Arcadis will conduct one integration requirements workshop of approximately 3 hours via video conference call that will address the desired system interfaces and specific business data needs for the CMMS which might include: • GIS (Esri ArcGIS Desktop, Portal/Online & ArcGIS Server) • Customer support (Advanced Utility Systems CIS) • Sewer pipeline inspections (MTech Granite XP) • SCADA (Data Flow Systems HT3 / Trihedral VTScada) • Water/Wastewater model (WaterCad v8i) • MUNIS 36 • Indian River County Network • Mobile, Cellular, Hotspots (Field interface), VPN 2.4 Data Conversion Requirements Workshop. Converting data from your legacy SEMS systems to the new CMMS will be an important project element and the requirements for this must be clearly communicated to the prospective software vendors. Arcadis will conduct one data conversion workshop via video conference call of approximately 3 hours to identify the conversion needs for the CMMS Selection Services project, including areas, such as: • Asset master data • Work order history • Storeroom and inventory records • Technical requirements for migrating SEMS data to another CMMS o SEMS database structure o Database conversion requirements (post conversion audit) 2.5 Technical Requirements Workshop. Arcadis will conduct one technical requirements workshop via video conference call of approximately 3 hours. The technical requirements define the underlying architecture, computing systems and telecommunications needed to support the CMMS such as: • Hardware Requirements • Environmental Requirements (Space, Power, Temp, Humidity, etc.) • Human Factors Requirements • Relational Database Management System • Operating System • System Administration • Mobile computing • Barcoding • Support and maintenance • GIS • On Premises or Hosted • Cyber Security • Data ownership • Redundancy 37 For each functional requirement, a vendor verification method shall be designated, such as: • Testing • Analysis • Demonstration • Inspection A priority or importance rating shall be assigned to each functional requirement, such as: • 1 = Must Have; Key Performance Requirement • 2 = Should Have • 3 = Nice to Have Task 2 Deliverables: Draft and Final Requirements Memorandum documenting requirements from each subsection of Task 2. Requirements shall include vendor verification methods (requirement traceability), and priority. Task 3 – PROCUREMENT PLANNING Arcadis will coordinate with County Procurement staff to discuss and understand the overall format and requirements for the RFP including price and qualification criteria, evaluation scoring, bid forms, standard language, etc. Coordination may take place via phone and e-mail as needed to complete the Procurement Planning Technical Memorandum. Arcadis has recently performed a number of CMMS software selection projects (i.e. Elkhart IN, Canton OH, Youngstown, -OH), and we are aware of the current state of the industry. We will augment this knowledge with a Request for Information (RFI), which we will send to water/wastewater industry CMMS vendors. The RFI has two purposes: It allows us to informally solicit information from vendors about their offerings— information that will be used for the technology evaluation. 2. It provides an advanced notification to the vendor community that an RFP maybe forthcoming. In our experience, priming the market prior to starting a formal procurement process greatly improves the competitiveness of the responses. Specific scope items under this task include: 3.1 Review Procurement Policies: The County will provide Arcadis with its relevant procurement policies, and Arcadis will conduct one conference call with County Procurement staff to review and discuss the applicable procurement policies and formats for this RFP. 3.2 Request for Information: Arcadis will develop the RFI. Upon approval from IRCDUS, Arcadis will send it to prospective CMMS veridors. Arcadis will receive and track the responses from this RFI and provide a summary to IRCDUS in a technical memorandum. 3.3 Procurement Planning Technical Memorandum: Arcadis will develop a technical memorandum that includes a summary of the RFI responses, the RFP procurement process, an RFP outline, the recommended evaluation criteria, and other procurement considerations. For the evaluation criteria, Arcadis will develop a balanced scorecard that will enable the selection team to rate the proposer and candidate CMMS objectively. Each evaluation element in the balanced scorecard will have a "weight" assigned, allowing the team to account for the ability to perform the required task and the importance of that task. The selection scorecard assessment may include the following: • Qualifications of firm / past vendor performance including implementation successes and customer satisfaction, industry evaluation and product review • Ability to meet CMMS requirements including proposed scoring methodologies/ weightings for requirements matrix • Implementation approach • Lifecycle Cost Arcadis will advise the IRCDUS selection team as needed to support making an informed decision. Task 3 Deliverables: • Request for Information to Vendors • Draft and Final Procurement Planning Technical Memo • Software selection team support up to 24 hours 3) SCHEDULE Task Start Date End Date 1 — Project Management 5/25/20 7/21/20 2 — Requirements Definition 5/25/20 7/6/20 3 — Procurement Planning 6/1/20 7/21/20 39 0 cc tn C O U C O aPo. O y O O vn O to _ O A O N V O ll Q y y ' O =� F •��^ M 69 l� NG/� -• 69 � 69 .M. T d 69 6fii CLm W d y O�O N R x N � N 7 A E � •5 � O o4 cn •a N N 00 p Q 69 b9 r. C C O 7 1. 'OM L O ayi .fir v ►a Q 0. 66 u a w U � y, 0 0 o o E C4 vyi A N O O cr! 0 69 � a i O F c A o 0 U) N Vl i N �O N O °O°.. M. o�N U x° 3 N 6969 au o Wto o 0 ca t% O A U En 6N9 rq V) r\�-r a � V N O N a ' p y N 00 N t- O '�' N � a by 69 3 0 � E O O ..0 (u cu ci aEi ani Q A G C U N F y C E ❑ E =r E e C y E C te y a° E I v N v N .U8 =_ O fr. cr � b U U U '°CL O 0 2 2 w u"a�3v� .�. 0 N a a a a a s F W W �np F M N Vl fV M .--i M N M M M N 0 Indian River County, Florida Department of Utility Services Board Memorandum Date: May 7, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Developer's Agreement for the installation of Off -Site Sewer Mains to Vero Beach Medical Office Building Description and Conditions: The proposed Vero Beach Medical Office Building will be located at 3955 Indian River Boulevard and will connect to the county sewer system located at the northeast corner of Indian River Boulevard and 411t Street. Indian River County Department of Utility Services (IRCDUS) has requested that the developer, Vero Beach Medical Office Building, LLC (Developer), upsize the proposed sanitary sewer force main from 4 -inches diameter to 6 -inches diameter to allow connections from future development along Indian River Boulevard. Attachment 1 is a proposed Developer's Agreement with the Developer for reimbursement of a portion of the subject sanitary sewer force main. The Developer's Agreement is stipulated to reimburse the Developer for the county's share of the cost of up-sizing the force main upon its completion, acceptance by the county, and dedication to the county. The reimbursement is detailed in Section 1 of the Developer's Agreement. Analysis: The installation of the sanitary sewer force main will benefit the proposed development and future growth along Indian River. Boulevard. The 6 -inch diameter force main will run along the east side of Indian River Boulevard from the intersection of Indian River Boulevard and 4152 Street south to the north limits of the proposed development, a distance of approximately 785 linear feet, as illustrated in Exhibit B of the attached agreement. As shown on Exhibit C of the attached agreement, the estimated offsite force main cost sharing between the Developer and IRCDUS is as follows: Developer's Share $ 27,354.59 . County's Share $ 6,416.51 Total Project Cost $33,771.10 The costs were determined based on a hydraulic fair share (81% Developer's share; 19% county's share) of the off-site construction costs. 41 Funding: Funds for this project are derived from the Utilities Capital Fund. Utilities capital. fund revenues are generated from impact fees. Description Account Number Amount Vero Beach MOB Off=Site Forcemain 472-169000-20519 $ 6,416.51 Recommendation: Staff recommends approval of the Developer's Agreement with Vero Beach Medical Office Building, L.L.C., and authorize the Chairman to execute the Developer's Agreement on their behalf. Attachments: 1. Vero Beach Medical Office Building Developer's Agreement 42 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH MOB, LLC FOR VERO BEACH MEDICAL OFFICE BUILDING FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT ("Agreement') by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 180127th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and VERO BEACH MOB, L.L.C., a Florida Limited Liability Company, the address of which is 435 5TH AVE N, STE 200, ST. PETERSBURG, FL 33701 (hereinafter the "DEVELOPER") is effective upon execution by the two parties. WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at Vero Beach Medical Office Building, located at 3955 Indian River Boulevard, whose legal description is attached as Exhibit "A" (the "Subject Property"), is constructing an off-site force main as specifically depicted in Exhibit "B"; and WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the regional water main and force main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to reimburse the DEVELOPER, as provided herein, for the cost of oversizing off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: 1. OFF-SITE UTILITIES: The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department ("IRCDUS"). The COUNTY shall reimburse the DEVELOPER for installing a six-inch diameter force main along the east side of Indian River Boulevard from the north east corner of 41st Street and Indian River Boulevard south to the northern limits of the Subject Property, a distance of approximately 785 feet, as depicted in Exhibit "B" (the "Force Main"). Within 30 calendar days of acceptance of the bill of sale for the Force Main and submittal of the necessary maintenance security, COUNTY shall reimburse DEVELOPER nineteen percent of the estimated installation cost of the Force Main, asset forth in Exhibit "C. The COUNTY shall pay no more than $6,416.51 for the Force Main. 43 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement so long as the assignment bears acknowledgment of the assignee and the other party. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the DEVELOPER, nor any assignee, shall have the right to transfer these rights to another property unless this Agreement is amended in writing. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 5. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a Right -of -Way permit (ROW), which includes, but is no limited to meeting all security requirements of section 312.11 of the Code, to the Florida Department of Environmental Protection (FDEP) for a general permit, and for all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 8. DEVELOPER'S Obligations: The design, preparation of contract documents, permitting, and construction of the Force Main shall be the DEVELOPER's responsibility and expense until such time the necessary testing, acceptance of the FDEP Certification Of Completion, and acceptance of the Force Main dedication to IRCDUS per IRCDUS's Water & Wastewater Utility Standards, December 2019 or latest edition, has been completed and 1 -year warranty is in place. 10. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any 44 representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 11. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 12. Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of statutory workers' compensation insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance. The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of 45 any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, anywater and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or against the COUNTY'S officers, employees or agents in connection therewith. 13. Maintenance Security: The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide security as set forth herein, subject to the COUNTY'S approval, for a period of one (1) year after the COUNTY'S acceptance of the improvements, plus an additional three (3) months, for an aggregate of fifteen (15) months. The maintenance security may only be in one of the following forms: (a) cash, whereupon the COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit Agreement; (b) Letter of Credit, in the County's standard form, drawn and payable by a financial institution located within Florida; or (c) surety bond issued by a surety company licensed to do business in the State of Florida and having an A.M. Best rating of no less than A - VI. The value of the maintenance security shall be twenty-five percent (25%) of the total construction value of the utility improvements as certified by the Developer's licensed engineer and approved in writing by the County. 14. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. 15. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the Subject Property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then COUNTY shall have the right to terminate this Agreement, and the parties shall have no further obligations to each other. 46 The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance prior to County acceptance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. DEVELOPER shall meet all necessary IRCDUS construction requirements, including the posting of the required security. 16. Recording of Agreement: This Agreement, and any assignment, may be recorded in the official records of Indian River County by the COUNTY. If recorded, the DEVELOPER shall pay for all recording costs. 17. Severability / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 18. Term: The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for construction and with the County's Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued. 19. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. 47 IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: Witness Signature Witness Printed Name Witness Signature Witness Printed Name DEVELOPER: Vero Beach MOB, LLC. By: Printed name: Patrick Marston Vero Beach MOB, LLC. Its Managing Member Date: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2020, by of Vero MOB, LLC., who is personally known to me or who has produced as identification. Name: Commission # Expiration Date Attest: Jeffery R. Smith, Clerk of the Circuit Court By: Deputy Clerk Approved as to Form and Legal Sufficiency Notary Public BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman BCC Approved: Approved by: County Attorney Jason E. Brown, County Administrator F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS -UTILITY CONSTRUCTION PERMITS\VERO BEACH MOB - UCP #3447\ADMIN\BCC-AGREEMENT\VERO MOB DEV AGREEMENT DRAFT. DOC 48 EXHIBIT - A Legal Description A PARCEL IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA, LYING WEST OF INDIAN RIVER BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 12 MINUTES 45 SECONDS WEST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 413.25 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE SOUTH 44°52'02" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1292.33 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH 89°56'21" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 915.10 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH 00°12'45" EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 916.91 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 1040, PAGE 436 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN ACCESS EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED REAL PROPERTY: A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 25 OF TOWNSHIP 32 SOUTH, RANGE 39 EAST. BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 25 OF TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 89° 52'41" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER A DISTANCE OF 411.03 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 440 56'05" EAST A DISTANCE OF 1.83 FEET; THENCE RUN SOUTH 46° 47'31" WEST A DISTANCE OF 127.63 FEET; THENCE RUN NORTH 44°57' 30" WEST A DISTANCE OF 124.78 FEET TO THE SAID NORTH LINE OF THESOUTHEASTONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE RUN NORTH 89° 52'41" EASTALONG SAID NORTH LINE A DISTANCE OF 42.31 FEET; THENCE RUN SOUTH 44° 57'30" EAST A DISTANCE OF 45.84 FEET; THENCE RUN NORTH 46° 47' 31" EAST A DISTANCE OF 47.59 FEET TO THE SAID NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER; THENCE RUN NORTH 89° 52'41" EASTALONG SAID NORTH LINE A DISTANCE OF 70.51 FEETTO POINT OF BEGINNING. AND A DRAINAGE EASEMENT OVER THE FOLLOWING DESCRIBED REAL PROPERTY: A PARCEL OF LAND SITUATED, IN PART OF THE SOUTHEAST ONE-QUARTER OF SOUTHWEST ONE- QUARTER OF SECTION 25 OF TOWNSHIP 32 SOUTH, RANGE 39 EAST. BEING MORE FULLY DESCRIBED AS FOLLOWS: 49 EXHIBIT - A Legal Description COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 25 OF TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA RUN SOUTH 89° 52'41" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER A DISTANCE OF 411.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BLVD. (200 FEET WIDE RIGHT-OF-WAY) AND POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 44° 56'05" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 250.09 FEET; THENCE RUN SOUTH 44° 56'52" WEST A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 44° 56,05" WEST AND PARALLEL TO THE SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 228.80 FEET; THENCE RUN SOUTH 45° 03'55" WEST A DISTANCE OF 30.33 FEET; THENCE RUN NORTH 66° 43,15" WEST A DISTANCE OF 127.40 FEET TO THE AFOREMENTIONED NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE RUN NORTH 89° 52'41" EAST ALONG SAID NORTH LINE A DISTANCE OF 137.59 FEET TO THE POINT OF BEGINNING. SU BJ ECT TO AN ACCESS EASEMENT FOR INGRESS AND EGRESS RECORDED OFFICIAL RECORD BOOK 1040, PAGE 434, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWESTONE- QUARTER OF SECTION 2S OF TOWNSHIP 32 SOUTH, RANGE 39 EAST. BEING MOREFULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF THESOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIANRIVER COUNTY, FLORIDA RUN SOUTH 89° 52' 41" WEST ALONG THE NORTH LINE OF SAIDSOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER A DISTANCE OF 411.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BLVD. (200' WIDE RIGHT-OF-WAY) AND POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 89° 52' 41" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 70.51 FEET; THENCE RUN NORTH 46° 47' 31" EAST A DISTANCE OF SO.OS FEET TO THE SAID WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BLVD.; THENCE RUN SOUTH 44 ° 56' 05" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 48.19 FEET TO THE POINT OF BEGINNING. 50 alta GNolsmaa ,,,,a„, ...a,. vplbotl unnm a3nro rvv use z � a eun n u anlanwoN3 oxuvsroo ��.._'. ,b uc eav M sur-- v --, sav oe rron is, n n 'JNI'JNN33NIEJN3 Nb"1d Slinin 311S -d30 OT '90W HOb3802f3A y� i� ie s$r- ,i 1 8 I!q!gx3 � I � � c. •, a \. JJ i I- t I R. � p ---- I 1 - �� 6 § G h 0 IiF 1 § i j / I I ' � �l�e. I tlW i i ati: J a s3 'seE ,, `I I co U qcs / { \ � a! dQti J 8 I!q!gx3 � I � � c. •, a \. JJ i I- I R. � p I 1 8 I!q!gx3 52 Exhibit C - Estimate of Construction Cost Vero Beach MOB Offsite Forcemain Bid Item No. .Bid Item Description Estimated Quantity Unit of Measure Unit Price Total Price 6" Forcemain 1 6" PVC Forcemain (DR18) 475 If $30.00 $14,250.00 2 6" HDD (inc HDPE, Fusing, & Bentonite Removal) 310 If $31.50 $9,765.00 3 6" MJ Adaptor 2 ea $600.00 $1,200.00 4 6" Gate Valve w/ Cap & Restraints 1 ea $2,000.00 $2,000.00 5 4" HDD (inc HDPE, Fusing, & Bentonite Removal) 150 If $25.50 $3,825.00 6 4" MJ Adaptor 2 ea $500.00 $1,000.00 7 4" Gate Valve 1 ea $1,156.10 $1,156.10 8 HDD Contractor Mobilization 1 ea $575.00 $575.00 Total Construction Cost: $33,771.10 IRCDUIS Share (19%): $6,416.51 Developer's Share (81%): $27,354.59 52 gr - Indian River County, Florida Department of Utility Services Board Memorandum Date: May 11, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: North Sebastian Water and Sewer Phase 2 - Approval of FDEP Funding Agreement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted applications for the following grants for the North Sebastian Septic to Sewer -Phase 2 project in Fiscal Year (FY) 19-20: • FY 19-20 Districtwide Cost Share —Saint Johns River Water Management District (SJRWMD) • FY: 19-20 Appropriations Project Request The County had two applications for funding in the FY 19-20 Districtwide Cost Share program. In April of 2019, although successful in scoring high enough for grant award, the County was notified that we had to pick one of the projects, and County elected the Moorhen Marsh project. The County was also notified in July 2019 that the FY 19-20 Legislative Appropriations request could only allocate $500,000 of the requested $ 1.6 Million, which was to be administered by the Florida Department of Environmental Protection (FDEP). Therefore, due to the lack of funding, staff evaluated other options such as revising the project boundary. Since then IRCDUS re -submitted applications for the following grants for the North Sebastian Phase 2 Water and Sewer project: • FY 20-21 Districtwide Cost Share • FY 20-21 Indian River Lagoon Natural Estuary Program (IRLNEP) Cost Share • FDEP Water.Quality Restoration Grant • I FY:20-21 Appropriations. Project Request IRCDUS has been awarded funding from ALL four requested grant applications and are working with SJRWMD FY 20-21 Cost Share application on the Statement of Work (SOW). On January 8, 2020, the FDEP announced that Indian River County was awarded $2500,000 in funding for the North Sebastian Phase 2 Water and Sewer Project. Funding will be made available through a cost reimbursement grant, which will require execution of a grant agreement with the FDEP. 53 Analysis: In order to secure the funding, the following needed to be done: • Agreement Contact Information form, • A Grant Work Plan; and, • Certificate of Insurance Coverage or letter from the community or agency's Chief Financial. Officer stating that the Grantee is self-insured. The above information was prepared by staff and forwarded to FDEP for their preparation of the final agreement. On April 7, 2020, FDEP forwarded the final grant Agreement No. LPQ0019, which expires June 30, 2023. Staff's understanding is that the other three (3) grant agreements will be finalized for BCC approval in late June/July, 2020. Funding: The estimated sewer construction cost is $4.1 Million. The FDEP grant will pay $2,500,000 towards the construction cost. The project is contingent upon successful funding allocations from other funding sources are as follows: • Indian River County Optional Sales Tax. • IRLNEP funding award of $204,018. Please note that agreement has not been finalized. • SJRWMD Cost -Share Grant funding award of $1;346,517.00. Please note that agreement has not been finalized. • FY 20-21 Appropriations request award of $750,000.00. Not yet finalized. On August 13, 2019, the BCC approved using Optional Sales Tax funds if there are any shortfalls with the proposed funding sources needed to offset a portion of the. construction costs. Staff was directed to continue to pursue all funding sources. Note the funding source requests were based on estimated project costs subject to change once the project is bid. Recommendation: Staff recommends approval of the Florida Department of Environmental Protection Standard Grant Agreement No. LPQ0019 and requests the Board of County. Commissioners to authorize the Chairman to execute the same on their behalf. Attachment(s): FDEP Standard Grant Agreement (28 Pages) 54 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Indian River County North Sebastian Septic to Sewer Phase II LPQ0019 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 180127th street, Building A FEID: Vero Beach, FL 32960 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30, 2023 4. Project Number: Project Location(s): (If differentfrom Agreement Number) Indian River County p Project Description: The Grantee will construct a gravity sewer system to service approximately 201 parcels. 5. Total Amount of Funding: $2,500,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): W1 State ❑Federal WQ, GAA LI 1662, FY 19-20, GR $2,000,000.00 ® State [--]Federal LP, GAA LI 1657A, FY 19-20, GR $500,000.00 ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Chris Williams or successor Address: 3900 Commonwealth Blvd. Tallahassee, FL 32399 Phone: 850-245-2948 Name: Arjuna Weragoda Address: 1801 27th Street, Building A Vero Beach, FL 32960 Phone: 772-226-1821 14IiWKWI&MiiI Email: christopher.t.williams@floridadep.gov Email: aweragoda@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incoroorated by reference: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements m Attachment 2: Special Terms and Conditions 96 Attachment 3: Grant Work Plan V Attachment 4: Public Records.Requirements ® Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 1: Grant Award Terms (Federal) *Copy available at httos://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ® Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): LPQ0019 55 8: The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers F Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awardin 'A enc : Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County GRANTEE Grantee Name By (Authorized Signature) Date Signed Susan Adams, Chairman Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT LIM Secretary or Designee Date Signed Trina Vielhauer, Director of Water Restoration Assistance Print Name and Title of Person Signing 2 Additional signatures attached on separate page. LPQ0019 56 DWRA Additional Signatures DEP Grant Manager DEP QC Reviewer 57 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLETO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to.this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, -Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 58 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's. Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP; Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed. CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate. this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP of failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 59 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: www.mvfloridacfo.com/aadir/reference guide. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salarv/Wages. Grantee shall list personnel involved, position -classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, 60 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease.of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 61 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it 62 has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ,ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 63 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to 64 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to 65 Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the.Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/librarv-archives/records-mana ement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours_, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. IfDepartment fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or .decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor. Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.corn\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to . the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department 66 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. ore. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under.any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its.parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee 67 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any termor condition herein void or. unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. M: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LPQ0019 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the North Sebastian Septic to Sewer Phase II. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2019 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ : ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: p ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A.. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy 69 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,. however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. 14. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi(oWaspbs.state.fl.us, and a copy shall also be submitted to the Department at 1 egislativeaffai rs@floridaDEP. gov. 15. Additional Terms. None Any terms added here must be approved by the Office of General Counsel 70 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: North Sebastian Phase II Water and Sewer Project for Indian River County PROJECT LOCATION: The Project will be located in the west of US Hwy 1 bounded to the north/west by the St. Sebastian River, Roseland Road to the south in Indian River County; Lat/Long (27.838118, - 80.492550). See Exhibit A for a location map. PROJECT BACKGROUND: The project will construct a gravity sewer system to service an area that has a 90% developed mixed land use designation of primarily residential and non-residential properties on septic. The project will provide sewer capacity for 201 parcels, leaving approximately 180 parcels in the North Sebastian area to sewer in future projects. Load reduction estimate from the project include 4,266 pounds/year of Total Nitrogen and 900 pounds/year of Total Phosphorus. PROJECT DESCRIPTION: The North Sebastian Phase II project will construct approximately 15,400 LF of gravity sewer main, approximately 54 manholes and a County owned & operated lift station. The project also will include the installation of approximately 16,750 LF of water main in the same area. Task 1: Construction Deliverables: The Grantee will construct the Indian River County North Sebastian Septic to Sewer Phase II in accordance with the construction contract documents. Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee and the Engineer's Certification of Payment Request, and dated color photographs of on-going work representing the time period covered in the payment request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Task Task Title Budget Category Budget Task Start Task End No. Amount Date Date 1 Construction Contractual Services $2,500,000 07/01/2019 12/31/2022 71 EXHIBIT A: NORTH SEBASTIAN PHASE 2 WATER & SEWER PROJECT 72 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 11 9.07(l), F. S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F. S., or' as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F. S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contractor Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT.'S ' CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesgfloridadep.og_v Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 73 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", 7DEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. IvA[6)►1I to] .111 e� In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to.comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. NXIMM PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements. of this part. 2. For the audit requirements addressed in Part I, paragraph 1; the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.Eov 74 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXIiIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). . 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apl2s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at htti)://www.mvflorida.com/audge PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i: e.,. the audit is not required by. Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding. the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 75 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.nov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAuditCa,dep. state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flguditor.govl) provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSing1 eAuditna,deo. state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 76 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer; or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 77 H 00 r Q 0 0 O N O O U U O �U O rn �U d p d p W O W y i a O C�C O w b O 0 w b � y C w y N w El y C w o wcr o y � 4+ o m U P U 3 � 3 1--1 I--1 o y U U 6i w R U o q cr ice. U F+ U d Q Q w d � d Qz Az y S CC � d CO R w a a ;,ro u � N N w d d y � a R � w ami w � y v 0 a cl '°wa wa W 00 r N U U O b O rn p p W W y a O C�C w 0 w y C y N El y w o wcr o y � 4+ o m U P U 3 � 3 tu Q 6i w R o cr ice. U i�-i U co Q Q o y S CC � d CO R w a ;,ro 00 r M O� 0 0 a 0 N •� O y •� O M U •� O Y •� O dU d U aU d 8 d W � a O G � d d tc � O tic � P N d Q w° w Otc w O O O 6W)9 tc u Q 64 u n w 0 w S a IN C u o o R Qn Q L C V u o 0 o0 � o w Q A � w w U U w O y d o 3 3 3 d o .G 0 •�O C O in 4. Vl O VD U 4 U ro a U w�3�3 u ciC d i0 y Q Q •~ 0 � U U O w iy. O a M M Uz r �V tu d d tc d " o o o _ w w r.+ Cd cl U% U Cd d w N N w L O 7 a a o O cnU u CE y 0 a V O a U ani y O d u d O� o 0 a 0 y •� O M � Y •� O aU d d W Zi tti O O N d Otc O O O 6W)9 tc u Q 64 n w w S v u o o Qn Q L i V u o 0 o0 � o on p d o 3 3 3 d o •�O C O in 4. Vl O VD 4 U ro a U w�3�3 ciC i0 y 0 w Uz M M Uz �. tu d " o o o _ r.+ Cd U% U Cd U w N N w O a a o O cnU u U ani y O d u d �'C� d � �" a a �. .m o u O u u ai a u 0 d� C ' Com. SU u� e'as Cd a CQOd a rA O� 0 00 EXHIBIT A PROGRESS REPORT FORM DEP Agreement No.: LP 0019 Project Title: North Sebastian Septic to Sewer Phase II Grantee Name: Grantee Address: Grantee's Grant Manager: Reporting Period: Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. The following format should be followed: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Task #: Task Title • Progress for this reporting period: • Identify any delays or problems encountered: Indicate the completion status for the following tasks (if included in the Grant Work Plan): • Design (Plans/Submittal): 30% ❑, 60% ❑; 90% ❑, 100% ❑ • Permitting (Completed): Yes ❑, No ❑ • Construction (Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date 81 Exhibit C The Payment Request Summary Form for this grant can be found on our website at this link: https:Hfloridado. gov/wra/wra/documents/payment-request-summary=form Please use the most current form found on the website, linked above, for each payment request. CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: May 11, 2020 SUBJECT: Revision to Administrative Policy Manual —Approval of New Policy AM -701.2 Timekeeping BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources, in consultation with Department Directors, has developed a Timekeeping policy to reflect expectations related to recording hours worked and requesting time off to include procedures to align with using an electronic time keeping system. This is a new policy to be included in the Administration Policy Manual. FUNDING: There is no budgetary impact. RECOMMENDATION: Staff recommends the Board approve the addition of AM -701.2 Timekeeping to the Administrative Policy Manual. ATTACHMENTS: AM -701.2 Timekeeping 83 POLICY: Indian River County complies with the Fair Labor Standards Act (FLSA) and has established policies and procedures regarding Attendance and Punctuality - AM -701.1, Hours of Work - AM -208.1, Overtime — AM -301.3, On Call/Standby Assignment — AM -301.2, Holidays — AM - 503.1, Vacation — AM -502.1, and Sick leave — AM -702.1, Family and Medical Leave — AM - 702.2, Short Term Absences — AM -702.3, and Leave of Absence — AM -703.1. Collective bargaining agreements for union represented employee groups also contain applicable pay and time off provisions. Employees of the County are expected to accurately report time worked and request time off from work in accordance with applicable policies and procedures. Employees are expected to work the established work schedule or be on approved leave. Overtime may be required as authorized by management and no employee is authorized to work beyond their assigned work schedule without approval. The Human Resources Department has the responsibility for processing payroll and maintaining payroll records. To accomplish this, Human Resources may utilize technology and implement policies and procedures to facilitate the reporting of hours worked and time -off requests. Employees, Timekeepers, Supervisors, Managers, Directors, and Human Resources staff have a key role in the accurate processing of payroll. Establishing Work Schedules and Meal Periods The County has established a variety of work schedules necessary for the delivery of County services. The work schedule of a full-time position (budgeted at 37.5 or 40 hours per work week) will typically include either a 30 minute or 1 hour uncompensated meal period where the employee is completely relieved of duty for their meal period. Non-exempt (hourly) employees are prohibited from working through the meal period without prior supervisory approval. If an employee is not relieved of .duty, the meal period must be canceled (full or 1/2) and the employee must be paid for the time worked. Employees are prohibited from working through the meal period without compensation. An employee cannot agree to work without compensation. Hourly employees who have a scheduled meal period (30 minutes or 1 hour) will have the meal period automatically deducted from their work hours. Part-time employee work schedules may not include a meal period depending on the length of the shift. Certain full-time positions, based on operational necessity, are not relieved of duty for an unpaid lunch 84 period and will be compensated for their full shift. Modifications to a work schedule or to a meal period may only be made with supervisor approval. Directors are responsible for 1. Operational oversight of Department and Division staffing and timekeeping in compliance with County policies, collective bargaining agreements, state, federal, and local laws. 2. Managing direct reports in accordance with this policy. Supervisors and Managers are responsible for 1. Assigning work schedules and making necessary updates to work schedules in the timekeeping system. If authorized, the division timekeeper may update work schedules. 2. Reviewing timesheets of direct reports for accuracy and compliance with timekeeping procedures. 3. Reviewing time off requests of direct reports for approval in accordance with staffing requirements. 4. Scheduling meal periods to maintain staffing coverage (if applicable). 5. Reviewing and approving change requests (corrections/missed punches/lunch cancellation). 6. Scheduling on call/standby assignments. 7. Notifying Human Resources when an employee is absent for 3 or more consecutive days (other than approved vacation leave). 8. Managing attendance and punctuality within established standards and guidelines and taking corrective action in a consistent manner. 9. Discussing attendance and timekeeping concerns with Human Resources. Non -Exempt (Hourly) Employees are responsible for 1. Working the assigned shift and complying with established policies and procedures. 2. Requesting time off in accordance with established policies and procedures using the electronic approval process (if applicable). 3. Clocking in to work at either an assigned computer workstation, time clock using a County issued proximity badge, using a mobile application, or other method established by the County. 4. Reviewing the timesheet to ensure it accurately reflects all hours worked and reporting errors or missed punches to the supervisor or division timekeeper. 5. Taking the assigned meal period or requesting supervisory approval to "cancel' the meal period for the day if the employee was not permitted to take a lunch break. 6. Maintaining issued proximity badges and reporting lost or damaged badges to Human Resources for replacement. Repeated loss or damage may result in the employee being responsible for the cost of replacement. 7. If applicable, allocating hours worked on specific projects. Exempt (Salaried) Employees are responsible for 1. Reporting to work unless on approved leave. 2. Requesting time off in accordance with established policies and procedures utilizing the electronic approval. process (if applicable). 3. Reviewing the timesheet to ensure it accurately reflects absences from work and reporting errors to the division timekeeper, supervisor or Human Resources. 4. Maintaining issued proximity badges and reporting lost or damaged badges to Human . Resources for replacement. Repeated loss or damage may result in the employee being responsible for the cost of replacement. 5. If applicable, allocating hours worked on specific projects. Timekeepers are responsible for 1. Being familiar with and applying pay rules consistently. 2. Reviewing timesheets for missed punches and notifying supervisor of missed punches requiring correction. 3. Entering the hours worked and additional pay accurately and reporting errors or concerns immediately to Human Resources. 4. Receiving supervisory approval to make time sheet corrections and only making changes/corrections to employee time sheets that have been authorized by a supervisor. 5. Identifying issues that impact the timekeeping process and working with management and Human Resources for resolution. Timekeeping Violations 1. It is a violation to clock another employee in or out of work. 86 WA 2. It is a violation for a non-exempt (hourly) employee to work through lunch without prior: approval. This includes an employee eating lunch at their desk. Employees must be completely relieved of duty during the unpaid lunch period or be compensated. 3. It is a violation for a non-exempt (hourly) employee to clock in to work early without prior supervisory approval. Early clock in is defined as clocking in more than seven (7) minutes before the start of your shift. 4. It is a violation for a non-exempt (hourly) employee to clock out of work late without prior supervisory approval. Late clock out is defined as clocking out more than seven (7) minutes after the end of your shift. 5. It is a violation to be reported as working when you are not actively at work. 6. It is a violation to perform work for the County without compensation. All work time must be reported and paid in accordance with local, state, and federal laws. Enforcement Altering, falsifying, or tampering with time records or recording time on another employee's time record may result in disciplinary action, up to and including dismissal from employment. Failing to clock in or out of work (missed punches), clocking in early or clocking out late without approval, or working through a meal period without prior approval may result in disciplinary action. Repeated violations may result in progressive disciplinary action, up to and including dismissal from employment. JASON E. BROWN: DATE: 87 T NT AGENDAing 511912020 ygtivr:�r, INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM f Assistant County Administrator / Ftp jot Department of General Services Parks and Conservation Resources Division Date: May 11, 2020 To: The Honorable Board of County Commissioners Through:, Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director, Parks and Conservation Resources From: Beth Powell, Asst. Director, Parks and Conservation Resources Subject: Change Order #1 and #2 Jones' Pier Wetland Restoration and Conservation Improvements _ Bid 2020017 DESCRIPTIONS AND CONDITIONS: On January 7, 2020, the Board of County Commissioners approved the award of Bid Number 2020017 to XGD Systems, LLC. In the amount of $1,393,951 for the improvements associated with the Jones' Pier Conservation Area. A notice to proceed was issued on February 14, 2020, with a contract completion by June 30, 2020. The award does not have a contingency line item to account for unforeseen changes in the scope of work due to site conditions, etc. Funding for this project is outlined in the updated Capital Improvement Element of the Comprehensive Plan. The following change order is necessary to complete improvements to the project (more specifically detailed in the attached letter from Carter Associates, _ Inc. (Change Order Description and XGD Change Order 1 & 2 Proposal): Change Order 1: • Lighting addition to restroom per building permit approval. • Density testing to be paid for by contractor rather than County. • Revision to rip rap rubble in outfall ditch/stabilization with fiber mat. • Add 60 H. rip rap revetment on north bank of south ditch to provide stabilization. • Shift walking path 6' on the north side adjacent to walking trail to prevent private property erosion at the outfall ditch. • Revised elliptical culvert on north ditch due to fabrication delays with box culvert. Added rip rap endwall and pipe bedding per IRC right of way comments. • Fencing adjustments — direct purchase of materials by IRC for split rail fence and guardrail. Installation of split rail fence, guardrails, hog wire fence and gates by XGD. • Added pressure treated bulkheads at the ends of boardwalks for slope transition. • XGD supply seed for ditch banks and 6 acre future community garden due to wildflower seed not being available until Fall. Change Order 2: (FPL, AT&T, Comcast service lines): • Directional bore of conduit. for relocated undergrounding of Florida Power :& Light (FPL) and AT&T service. • Underground utilities conduit for future service from Pavilion/Restroom to Main House and Concrete Cottage including electric, cable and phone. • Directional bore 30 linear feet of conduit under Jungle Trail for future electrical connection to the boat lift at dock ANALYSIS County staff and Carter Associates, Inc., the County's, representative for Construction Administration Services, have reviewed the proposed Change Order 1 and 2 for a total of $97,107.67 and found the cost to be comparable to similar work and industry costs. Carter & Associates reviewed the change order request and provided additional detail for each line item (see Attachment 1). Currently, the project is more than 50% complete and pay requests have been approved for $710,085.67 of the total original project cost of $1,393,951.68, an increase of $139,395.17 including the balance of 10% contingency added. The Change Order requests are summarized below: Contract Elements Change Order Amount Change Order 1 Modifications 18A, 49A, 52A, 53A, 56A, 58A, 60A, 67A, 68A, 69A, 73A, Bond $36,971.90 Change Order 2 (Additional Utility Work) $60,135.77 Balance of 10% Contingency* $42,287.50 Total Change Order + Contingency $97,107.67 *calculated from total original contract price $1,393,951.68 x 10%- CO 1 & CO2 New Contract Amount $1,533,346.85 Change Order 2 Detail: During the project, it was discovered that FPL, AT&T and Comcast did not have an easement for the overhead powerlines. The Phase 1 plans did not address the overhead lines and an existing pole for transmission services plus service line to the buildings would have needed to be relocated. Staff and the engineers, in consultation with FPL, AT&T and Comcast, worked to create an underground utility plan which would eliminate the overhead lines through the center of the parking area. Comcast's line will terminate at the south edge of the property as it does not service the neighborhood to the north, however, both FPL and AT&T lines are active and serve the neighborhood to the north. The current conduit plan has been approved by FPL and AT&T. FPL has agreed to provide the conduit, however, a similar agreement for conduit and the expense of directional bore for the AT&T line has not yet been created. Because there is no easement for FPL and AT&T, it is expected that some form of financial or material assistance should be provided as a term of the easement. Florida Communities Trust (FCT) has also been consulted regarding the easements. FCT has indicated that they will approve the easement because the utilities will service the buildings on site. FUNDING: Upon award of the XGD Contract, funding in the amount of $1,600;117 was approved in the Capital Improvement Element of the Comprehensive Plan updated on December 3, 2019. A portion of that funding allocation is utilized for engineering services and the Tree Mitigation Fund allocated does not qualify for certain XGD scope of work items. To accommodate the ineligible expenses that would have been funded through the Tree Mitigation Fund plus the additional Change Order items 1 and 2 89 (plus contingency), additional funding will need to be provided through Optional Sales Tax. Upland Mitigation Funds may be utilized for qualifying items in the XGD Scope of Work. The additional items shown below, including the balance of a 10% contingency are to be funded through a budget amendment to each account and is proposed to be allocated as follows: Funding Source Account Amount Optional Sales Tax 31521072-066510-18010 $165,000.00 Upland Mitigation 12721072-066510-18010 $25,000.00 Total Requested: 31521072-066510-18010 $1909000.00 The following presents the cost breakdown of the amended contract and applicable accounts to be charged: Funding Source: Account Number: Total with CO 1 & 2 & Contingency Windsor Properties Donation Exchange 00421072-066510-18010 $ 4,277.10 Optional Sales Tax 18/19 Rollover 31521072-066510-18010 $ 294,307.74 Optional Sales Tax 19/20 31521072-066510-18010 $ 828,855.70 Tree Fund 117 11721072-066510-18010 $ 31,517.48 FIND Grant 00421072-066510-18010 $ 130,000.00 IRLNEP Grant 31521072-066510-18010 $ 60,797.71 DEP CPI Grant 31521072-066510-18010 $ 50,000.00 Upland Mitigation Account 12721072-066510-18010 1 $ 126,089.45 Total Amended XGD Contract: 1 $ 1,533,346.85 RECOMMENDATION: Staff recommends that the Board of County Commissioners accept Change Order #1 and Change Order #2, plus the balance of a 10% contingency on the original contract price, and authorize the Chairman to execute the Change Order in for a new total contract price of $1,533,346.85, after review and approval by the County Attorney as to form and legal sufficiency. Staff is requesting that the Board authorize additional funding in Optional Sales Tax and the Upland Mitigation Accounts to be brought back by Budget through a formal budget amendment as shown in the table under the funding section. Additionally, staff recommends that the Board direct and authorize the County Attorney to enter into negotiations with FPL and AT&T to finalize the necessary easements and to provide cost share reimbursement for the installation of the underground conduit, and return to the Board with agreements and easements that pertain to those services. ATTACHMENTS: 1. Carter Associates, letter dated May 8, 2020; Re: Jones Pier Wetland Restoration and Conservation Improvements Change Order Descriptions 2. XGD Systems, LLC, Change Order Proposal #1 and #2 dated May 6, 2020 3. Change Order 1 and 2 Agreements APPROVED AGENDA ITEM FOR MAY 19.2020 90 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET- VERO BEACH, FLORIDA 32960-3472 - 772.562-4191 - 772-562-7180 (FAX) JOHN H. BLUM, P.E., PRINCIPAL DAVID E. LUETHIE, P.S.M.• PRINCIPAL GEORGE A.SIMONS. P.E., PRINCIPAL PATRICK S. WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.M., Consultant to the Finn DEAN F. LUETIVE, P.E., ,n.a nr) Consiilt:mt to flit Erin May 8 2020 Ms. Elizabeth Powell Assistant. Director, Parks & Conservation Resources Indian River County 550077 1h Street Vero Beach, Florida 32967 Attachment 1 FRANK S. CUCCURESE, P.S.M. CLINTON J. RAHIES, V.E. TYLER N. SPENCER, P.E. RE: Jones Pier Wetland Restoration and Conservation Improvements Change Order Description Dear Beth: Please see below a brief description of the attached change order items provided by the contractor, XGD Systems LLC: Change Order 001 18A Bid plans by Architect did not provide for lighting in the restrooms but were added later during the building permit approval process. 49A Statement. on phase 1 drawings indicates all passing density tests shall be paid. by the County. 52A Phase 2 drawings provided for rip -rap rubble in bottom of north outfall ditch. Owner's representatives revised this area to be stabilized with fiber mat and planted with native grasses. The rip -rap rubble will be re -purposed on-site. 53A Add 60 lineal feet of rip -rap revetment along the north bank of the south ditch adjacent to the parking lot entrance to stabilize ditch bank from adjacent stormwater runoff. 56A The existing grade transition from the rear yards of the homesites north of the north ditch created a slope in the ditch bank that caused concerns for future erosion. The sloping along with vegetation removal in this area made it necessary to shift the walking trail south to allow more room to re -stabilize the ditch bank. Serving Florida PA18-39 Jones PieAconstructionlCorrespondenceCCOP1-2 Narrative.dou Page 1 of 3 i L ILA Since 19I l 91 58A .Addedrip-rap endwall and pipe bedding to south culvert in Jungle Trail per IRC right-of- way permit comments. 60A Revised north culvert in Jungle Trail from 60"06" box culvert to a 53"04" elliptical reinforced concrete pipe due to fabrication delays with the box culvert. Added rip -rap endwall and pipe bedding per IRC right-of-way permit comments. 67A Eliminated bid items for fencing and Owner direct purchased split -rail fencing. Hog wire & 68A fencing, guard rail, and pole gate materials are.being provided by the contractor / fence contractor. The revision resulted in a credit from the original bid. 69A Added pressure treated bulkheads at ends of boardwalks for slope transition to walking trail. 73A Supply for wild flower seed for purchase by Owner were not available as per bid. Contractor purchased seed directly and hydroseeded garden, wetland top of bank, and ditch banks to prevent erosion until wetland plantings are installed. Change Order 002 The fees presented in change order 002 were a result of. the coordination with FPL, AT&T, and Comcast to remove the existing overhead lines that run through the center of the proposed parking lot and install underground with services to the proposed restroom pavilion and existing structures. It should be noted that the existing overhead facilities were not located within a recorded easement on the property. The following is a breakdown of the of the necessary materials .to be .installed for the utility providers. All of the items presented in change order 002 were not part of the original scope of work. FPL 0 205 IF directional bore for 2 -inch conduit from handhole at new pole location to service pavilion. 0 220 LF directional bore for 2 -inch conduit (material provided by FPL) for primary. AT&T e 220 LF directional bore 2 -inch conduit for primary. 0 135 LF directional bore 1.5 -inch conduit from handhole to service house Comcast 0 135 LF directional bore 2 -inch conduit from handhole to service house —ITI SerA nuida PA18-39 Jones Pier)ConstructionlCorrespondencelCOP1-2 Narrative.dou Page 2 of 3 socc 1911 Site Electric G 135 LF directional bore 1.25 -inch conduit from pavilion to garage and from pavilion to house. ® 145 LF directional bore f=inch conduit from house to start of dock. ® 290 LF directional bore 2 -inch from screw pump to pavilion. ® Services for an electrician to pull CU conductors between FPL handhole to pavilion, pavilion to house, and pavilion to garage. I have reviewed the fees associated with the change orders and recommend payment. Should you have any questions, please do not hesitate to contact meat our office. Sincerely, CF RTER ASSOCIATES, INC. 1 Jo H. Blum, P.E. rincipal ServingF atida PA18-39 Jones. PieAConstruction\Correspondence\COP1-2 Narrative.docx Page 3 of 3 -�A� since 191193 Jones Pier Wetland Restoration Project Contractor: XGD Systems, LLC C.O. #1 and C.O. #2 Date: May 6, 2020 Item Description Contract Unit Price Unit Quantity Amount Base Bid 18 Construct Restroom / Pavilion $132,000.00 LS 1 $132,000.00 49 Engineer Construction Coord. / Asbuilts / Certifications $9,185.00 LS 1 $9,185.00 52 Excavation of wetland creation area and north outfall ditch $3.82 CY 24,950 $95,309.00 53 Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S $9.30 CY 510 $4,743.00 Property Line 56 Construct 1.5' Above Grade Walking Trail $0.94 CY 4,450 $4,183.00 58 Furnish & install 45"x29" RCP Culvert /w Inlet Protection $249.10 LF 68 $16,938.80 60 Furnish & install 60"x36" RCP Box Culvert /w Inlet Protection & Stop Logs $393.03 LF 64 $25,153.92 67 & 68a Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/LF) and 4' High $30,930.10 LS 1 $30,930.10 Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/LF). 69 Furnish & install Boardwalks $203,170.00 LS 1 $203,170.00 73. Seed & Mulch (Seed Purchased By Owner) $2,874.96 Acre 6 $17,249.76 Base Bid Subtotal $538,862.58 Change Order 001 18A Construct Restroom / Pavilion - Add one light fixture to each of the 2 $1,945.00 LS 1 $1,945.00 restrooms and add the add'I. cost due to the building slab change. 49A Engineer Construction Coord. / Asbuilts / Certifications - Add the costs of $3,500.00 LS 1 $3,500,00 passing compaction testing. 52A Excavation of wetland creation area and north outfall ditch - Additional $1,061.50 LS 1 $1,061.50 ditch work east of 53" x 34" ERCP Culvert. 53A Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S $9,079.33 LS 1 $9,079.33 Property Line - Add revetment along north side of south ditch bank. Construct 1.5' Above Grade Walking Trail - Add the shifting & 56A reconstructing the North Path adjacent to ponds approx. 6' to the south in $9,659.90 LS 1 $9,659:90 order to provide room to reconstruct & deepen the ditch. Furnish & install 45"x29" RCP Culvert /w Inlet Protection - lower invert by 58A 4" and add 4" depth of bedding stone under culvert; add Rip -Rap at west $4,506.34 LS 1 $4,506.34 end (rip -rap provided by county). c Furnish & install 60"x36" RCP Box Culvert /w Inlet Protection & Stop Logs - 60A change to 53" x 34" ERCP Culvert, add 4" depth of bedding stone under $0.00 LS 1 $0:00 culvert; add Rip -Rap at west end (rip -rap provided by county). 94 95 Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/LF) and 4' High 67A & 68aA Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/LF) - delete both ($2,469.94) LS 1 ($2,469.94) items from contract and add new fencing from Adron Fence to contract (note entrance and maintenance gates will be handled in a future CO). 69A Furnish & install Boardwalks - add 5 bulkheads. $2,502.00 LS 1 $2,502.00 Seed & Mulch (Seed Purchased By Owner) - Add the purchase of 73A Bahiagrass/Millet blend seed and add hydroseeding to stabilize pond $6,894.34 LS 1 $6,894.34 banks. New Item Additional bond cost associated with C0#1 net increase. $293.43 LS 1 $293.43 Change Order 001 Subtotal $36,971.90 Change Order 002 New Item Phase 1 FP.L Directional Bore 2" (service line to pavilion) $30.80 LF 205 $6,314.00 Utilities New Item FPL Directional Bore 2" (installation only - FPL to providePhase l material) $27,50 LF 220 $6,050.00 Utilities New Item Phase 1 AT&T Directional Bore 2" (primary) $30.80 LF 220 $6,776.00 Utilities New Item Phase 1 AT&T Directional Bore 1.5" (service to house) $30.80 LF 135 $4,158.00 Utilities New Item Phase 1 COMCAST Directional Bore 2" (service to house) $30.80 LF 135 $4,158.00 Utilities New Item Site Electric Directional Bore 1.25" (pavilion to garagePhase / l pavilion to house) $28.60 LF 135 $3,861.00 Utilities New Item Phase 1 Site Electric Directional Bore 1" (house to start of dock) $28.60 LF 145 $4,147.00 Utilities New Item Phase 1 Site Electric Directional Bore 2" (screw pump to pavilion) $30.80 LF 290 $8,932.00 Utilities New Item Site Electric - Electrician pulling CU conductors between FPL Phase 1 hand hole to pavilion, pavilion to south building and pavilion $15,262.50 LS 1 $15,262.50 Utilities to staff house New Item Phase 1 Additional bond cost associated with CO#2 increase $477.27 LS 1 $477.27 Utilities Change Order 002 Subtotal $60,135.77 Total $635,970.25 95 Attachment 2 Jones Pier Wetland Restoration Project Contractor: XGD Systems, LLC C.O. #1 and C.O. #2 Date: May 6, 2020" Item Description Contract Unit Price Unit Quantity Amount Base Bid 18 Construct Restroom / Pavilion $132,000.00 LS 1 $132,000.00 49 Engineer Construction Coord. / Asbuilts / Certifications $9,185.00 LS 1 $9,185.00 52 Excavation of wetland creation area and north outfall ditch $3.82 CY 24,950 $95,309.00 53 Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S $9.30 CY 510 $4,743:00 Property Line 56 Construct 1.5' Above Grade Walking Trail $0.94 CY 4,450 $4,183.00 58 Furnish & install 45"x29" RCP Culvert/w Inlet Protection $249.10 LF 68 $16,938.80 60 Furnish & install 60"x36" RCP Box Culvert /w Inlet Protection & Stop Logs $393.03 LF 64 $25,153.92 67 & 68a Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/LF) and 4' High $30,930.10 LS 1 $30,930.10 Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/LF). 69 Furnish & install Boardwalks $203,170.00 LS 1 $203,170.00 73 Seed & Mulch (Seed Purchased By Owner) $2,874.96 Acre 6 $17,249.76 Base Bid Subtotal $538,862.58 Change Order 001 18A Construct Restroom / Pavilion - Add one light fixture to each of the 2 $1,945.00 LS 1 $1,945.00 restrooms and add the add'I. cost due to the building slab change. 49A Engineer Construction Coord. / Asbuilts / Certifications - Add the costs of $3,500.00 LS 1 $3,500.00 passing compaction testing. 52A Excavation of wetland creation area and north outfall ditch - Additional $1,061.50 LS 1 $1,061.50 ditch work east of 53" x 34" ERCP Culvert. 53A Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S $9,079.33 LS 1 $9,079.33 Property Line - Add revetment along north side of south ditch bank. Construct 1.5' Above Grade Walking Trail - Add the shifting & 56A reconstructing the North Path adjacent to ponds approx. 6' to the south in $9,659.90 LS 1 $9,659.90 order to provide room to reconstruct & deepen the ditch. Furnish & install 45"x29" RCP Culvert /w Inlet Protection - lower invert by 58A 4" and add 4" depth of bedding stone under culvert; add Rip -Rap at west $4,506.34 LS 1 $4,506.34 end (rip -rap provided by county). Furnish & install 60"x36" RCP Box Culvert /w Inlet Protection & Stop Logs - i 60A change to 53" x 34" ERCP Culvert, add 4" depth of bedding stone under $0.00 LS 1 $0.00 culvert; add Rip -Rap at west end (rip -rap provided by county). Mi 97 Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/LF) and 4' High 67A & 68aA Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/LF) - delete both ($2,469.94) LS 1 ($2,469.94) items from contract and add new fencing from Adron Fence to contract (note entrance and maintenance gates will be handled in a future CO). 69A Furnish & install Boardwalks - add 5 bulkheads. $2,502.00 LS 1 $2,502.00 Seed & Mulch (Seed Purchased By Owner) - Add the purchase of 73A Bahiagrass/Millet blend seed and add hydroseeding to stabilize pond $6,894.34 LS 1 $6,894.34 banks. New Item Additional bond cost associated with C0#1 net increase. $293.43 LS 1 $293:43 Change Order 001 Subtotal $36,971.90 Change Order 002 New Item Phase 1 FPL Directional Bore 2" (service line to pavilion) $30.80 LF 205 $6,314:00 Utilities New FPL Directional Bore 2" (installation only - FPL to provide Phaseel $27.50 LF 220 $6,050.00 Utilities material) New Item Phase 1 AT&T Directional Bore 2" (primary) $30.80 LF 220 $6,776.00 Utilities New Item Phase 1 AT&T Directional Bore 1.5" (service to house) $30.80 LF 135 $4,158.00 Utilities New Item Phase 1 COMCAST Directional Bore 2" (service to house) $30.80 LF 135 $4,158.00 Utilities New Site Electric Directional Bore 1.25" (pavilion to garage / Phaseel pavilion to house) $28.60 LF 135 $3,861.00 Utilities New Item Phase 1 Site Electric Directional Bore 1" (house to start of dock) $28.60 LF 145 $4;147.00 Utilities New Item Phase 1 Site Electric Directional Bore 2" (screw pump to pavilion) $30.80 LF 290 $8,932.00 Utilities New Item Site Electric - Electrician pulling CU conductors between FPL J Phase 1 hand hole to pavilion, pavilion to south building and pavilion $15,262.50 LS 1 $15,262.50 Utilities to staff house New Item Phase 1 Additional bond cost associated with CO#2 increase $477.27 LS 1 $477.27 Utilities Change Order 002 Subtotal $60,135.77 Total $635,970.25 97 XGD SYSTEMS INC. CHANGE ORDER 1, CHANGE ORDER 2 + CONTINGENCY AGREEMENT BID NUMBER 2020017 JONES PIER WETLAND RESTORATION AND CONSERVATION IMPROVEMENTS 7770 JUNGLE TRAIL, VERO BEACH, FL 32960 No.1 (Page 1 of 2) DATE OF ISSUANCE: 5/19/20 EFFECTIVE DATE:5/19/20 OWNER: Indian River County CONTRACTORXGD SYSTEMS, INC. Project: Jones Pier Wetland Restoration Project OWNER'S Bid No. 2020017 You are directed to make the following changes in the Contract Documents: 1. The following Bid Items have been added to the Contract to account for modifications necessary during project construction: Change Order 1 18A Construct Restroom / Pavilion - Add one light fixture to each of the 2 $1,945.00 LS 1 $1,945.00 restrooms and add the add'I. cost due to the building slab change. 49A Engineer Construction Coord. / Asbuilts / Certifications - Add the costs of $3,500.00 LS 1 $3,500:00 passing compaction testing. 52A Excavation of wetland creation area and north outfall ditch - Additional $1,061.50 LS 1 $1,061:50 ditch work east of 53" x 34" ERCP Culvert. 53A Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S $9,079.33 LS 1 $9,079.33 Property Line - Add revetment along north side of south ditch bank. Construct 1.5' Above Grade Walking Trail - Add the shifting & 56A reconstructing the North Path adjacent to ponds approx. 6' to the south in $9,659.90 LS 1 $9,659.90 order to provide room to reconstruct & deepen the ditch. Furnish & install 45"x29" RCP Culvert /w Inlet Protection - lower invert by 58A 4" and add 4" depth of bedding stone under culvert; add Rip -Rap at west $4,506.34 LS 1 $4,506:34 end (rip -rap provided by county). Furnish & install 60"x36" RCP Box Culvert /w Inlet Protection & Stop Logs - 60A change to 53" x 34" ERCP Culvert, add 4" depth of bedding stone under $0.00 LS 1 $0.00 culvert; add Rip -Rap at west end (rip -rap provided by county). 67A & Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/LF) and 4' High 67 A Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/LF) - delete both ($2,469.94) LS 1 ($2,469.94) items from contract and add new fencing from Adron Fence to contract (note entrance and maintenance gates will be handled in a future CO). 69A Furnish & install Boardwalks - add 5 bulkheads. $2,502.00 LS 1 $2,502.00 98 Seed & Mulch (Seed Purchased By Owner) - Add the purchase of 73A ' Bahiagrass/Millet blend seed and add hydroseeding to stabilize pond $6,894.34 LS 1 $6,894.34 ba n ks. New Item Additional bond cost associated with C0#1 net increase. $293.43 LS 1 $293.43 Change Order 001 Subtotal $36,971.90 Change Order 2 New #80 FPL Directional Bore 2" (service line to pavilion) $30.80 LF 205 $6,314.00 #81 FPL Directional Bore 2" (installation only - FPL to provide material) $27.50 LF 220 $6,050.00 #82 AT&T Directional Bore 2" (primary) $30.80 LF 220 $6,776:00 #83 AT&T Directional Bore 1.5" (service to house) $30.80 LF 135 $4,158.00 #84 COMCAST Directional Bore 2" (service to house) $30.80 LF 135 $4,158.00 #85 Site Electric Directional Bore 1.25" (pavilion to garage / pavilion to house) $28.60 LF 135 $3,861.00 #86 Site Electric Directional Bore 1" (house to start of dock) $28.60 LF 145 $4,147.00 #87 Site Electric Directional Bore 2" (screw pump to pavilion) $30.80 LF 290 $8,932.00 #88 Site Electric - Electrician pulling CU conductors between FPL hand hole to pavilion, pavilion to south building and pavilion to staff house $15,262.50 LS 1 $15,262.50 #89 Additional bond cost associated with CO#2 increase $477.27 LS 1 $477.27 Change Order 002 Subtotal $60,135.77 10% Contingency $42,287.50 The total Contract cost has increased $139,395.17 from $1,393,951.68 to $1,533,346.85 as a result of Change Order No. 1, Change Order 2 and the additional contingency difference added. 99 CONTRACT QUANTITIES TABLE: CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,393,951.68 Net increase of this Change Order: $ 139,395.17 Contract Price with all approved Change Orders: $1,533,346.85 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: June 30, 2020 Final Completion: 540 days, Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: July 15, 2020 Final Completion: 540 days XGD SYSTEMS LLC BOARD OF COUNTY COMMISSIONERS 415NWFlaglerAve.,MOW, Stuart, F1.34994 OF INDIAN RIVER COUNTY Tel: M-286-3419 Fac: 772-286-2855 By: By: Print Name: Title: Susan Adams, Chairman 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: By: Dylan Reingold, County Attorney 100 1 CONSENT AGENDA BCC Meeting May 19, 2020 NT C INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator/ ORin� Department of General Services Parks and Recreation Date: May. 8, 2020 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator, From: Kevin Kirwin, Director, Parks and Recreation Subject: Amendment 1, Work Order Number 1, Masteller & Moler, Inc. — Continuing Engineering Services RFQ 2018008 - Hobart Park Baseball Fields BACKGROUND: On November 19, 2019 the Board approved the rejection of bids for Invitation to Bid 2020005 that were solicited for the construction of the renovation and expansion of the Hobart Park Baseball fields at 58th Avenue and 77th Street due to all of the bids significantly exceeding the engineer's estimate of the project's cost. The Board's approval also authorized the staff to modify the scope of work for this project and re -advertise the project. In order to direct the engineering consultants to re -design a revised scope for this project it is necessary to amend their existing work order. On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller & Moler, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Amendment 1 to Work Order Number 1 (Work Order Number, 1 was adopted by the Board of County Commissioners on July 2, 2019), under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008 would provide for construction plans revision, cost estimation updating, administration approval and permit revision and bidding assistance for the revised scope. The value of Amendment 1 to this Work Order is $30,185, which is in addition to the $73,145 value of Work Order Number 1. These services will engage the engineer and architect of record for this project through the construction phase to completion, ensuring construction quality and consistency with design. FUNDING: Funding is budgeted and available in the Account 00421072-066510-18001, . MSTU Fund/Parks/58th Avenue Ballfield Renovation & Expansion account. Funding for this project is provided by the "Windsor donation fund" to be used specifically for recreational purposes. RECOMMENDATION: Staff respectfully recommends acceptance of Amendment 1, Work Order Number 1, Hobart Parks Baseball Fields Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Masteller & Moler, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute. Amendment 1, Work Order Number 1. ATTACHMENT: 102 1. Amendment 1, Work Order Number 1, Masteller & Moler, Inc. — Continuing Engineering Services RFP 2018008 - Hobart Park Baseball Fields ' 2. Exhibit A 3. Work Order #1, Amendment 1 Man-hours Exhibit DISTRIBUTION: Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR MAY 19, 2020 103 AMENDMENT 1 TO CCNA2018 WORK ORDER 1 HOBART PARK BASEBALL FIELDS — IRC -1759 This Amendment 1 to Work Order Number 1 is entered into as of this day of 20___, 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 Masteller & Moler, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order 1, Effective Date July 2, 2019. 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 A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (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: MASTELLER & MOLER, INC. By: Print Name: Stephen E. Moler, PE Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman . BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 104 AMENDMENT 1 TO CCNA2018 WORK ORDER 1 HOBART PARK BASEBALL FIELDS - IRC -1759 EXHIBIT A It is understood Indian River County has decided to phase the construction of the Hobart Park Baseball Complex improvements. The project is to be constructed in two (2) phases. Phase 1 will include the construction of the north college level baseball field (and its supporting features) the concession building, lighting, parking facilities, all stormwater systems, landscaping, irrigation, and water/ wastewater connections to the County's system. The lighting for the field is to be changed to be a mixture of existing lighting (to be relocated) and new lighting rather than a completely new system. It is understood the existing lighting fixtures will need to be mounted on new poles meeting current code design wind load speeds. Phase 2 will include the construction of the east _baseball field and its supporting features, lighting, and irrigation. (The lighting design will remain the responsibility of the lighting vendor. Our fee does not include baseball field lighting system designs). In order to allow for the Phase 1 Hobart Park Baseball Complex improvements to be constructed, we shall perform the following scope of services: Scope of Work: Task A —Construction Plans Revisions: We shall modify the Construction Plans to clearly define the work to be completed within both Phases 1 and 2. We shall coordinate with all applicable sub -consultants to obtain revisions to their plans to reflect the proposed Phasing of the project. This will involve the following design revisions: 1. Phasing Limits: The Phase limits shall be established on the Construction Plans. All of the Site Data shall be expanded to reflect each phase and the total project improvements independently. 2. Field Lighting Systems: We will coordinate with the lighting vendor to have the performance requirements for the lighting improvements for Phase 1 to be based on the use of the existing lighting fixtures integrated with new lighting fixtures for the college level field. It is understood the existing lighting fixtures will need to be mounted on new poles meeting current code wind load requirements. 3. Baseball Field Construction Details: Specifications for the baseball fields' warning track and skinned areas will be.value engineered to allow for cost savings without significant sacrifice of quality. 105 4. Site Electrical Plans: The Electrical Plans will be revised to clearly define Phase 1 and Phase 2 improvements, including modifications for extension of power to the new Phase 1 and Phase 2 lighting designs (to be provided by the lighting vendor). 5. Landscape Plans: The Landscape Plans will be revised to clearly define Phase 1 and Phase 2 requirements, including landscaping computations to support each phase individually along with mitigation requirements. 6. Irrigation System Plans: The Irrigation Plans will be revised to clearly define Phase 1 and Phase 2 improvements. It is anticipated the irrigation control system to be installed with Phase 1 will be provided to support both Phases 1 and 2. The Phase 1 irrigation system design will be completed so as to ease the work associated with the Phase 2 expansion. Task A Fee Breakdown: Civil Engineering (MM) $ 5,000.00 Electrical Sub -Consultant (TC) $ 5,500.00 Landscape Sub -Consultant (Sartain) $ 2,640.00 Irrigation $ 475.00 Total Maximum Amount Not -To -Exceed $ 13,615.00 Task B — Cost Estimating Update: Following completion of Task B, we shall update the project cost estimate based on the original bids received for the project and to reflect the Phasing of the project and the cost savings anticipated from value engineering the Phase 1 lighting systems as well as other site work specifications. The result of this work will include the preparation of a quantity takeout that will be used during the re -bidding phase of this project. Task B Fee Breakdown: Civil Engineering (MM) $ 2,400.00 Once the updated cost estimate has been established, it is understood the County will determine if the anticipated Phase 1 estimated construction cost is in line with the County's budget for the project prior to initiating the re -bidding process. Task C — Administrative Approval Request: Following completion of Task B, we shall submit an Administrative Approval (AA) application to the Indian River County Community Development Department to obtain formal approval for Phasing of the project's improvements. Upon receipt of comments relating to the AA application, we shall diligently prepare responses to address County concerns. It is not anticipated any other previously obtained approvals / permits will need to be modified in order to authorize the construction of the Phase, 1 improvements. 106 Task C Fee Breakdown: Civil Engineering (MM) $ 3,000.00 Landscape Sub -Consultant (Sartain) 1,650.0 Total Maximum Amount Not -To -Exceed $ 4,650.00 Task D - Phase 1 Bidding Assistance: We and the Project Team will assist the County with preparation, negotiation, and execution of contracts for the construction of the Phase 1 improvements; including attendance at a Pre-bid meeting and assisting the County with a response to bid questions. Task D Fee Breakdown: Civil Engineering $ 3,000.00 Architectural Sub -Consultant $ 1,650.00 Electrical Sub -Consultant $ 770.00 Landscape Sub -Consultant $ 550.00 Irrigation $ 550.00 Total Maximum Amount Not -To -Exceed $ 6,520.00 Task E — Reimbursable Expenses Task E Fee Breakdown: Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed- Ex, Permit Application Review Fees, etc. is estimated at $ 3,000.00. Actual cost will vary depending on quantity provided. Back-up for costs will be provided with any reimbursement invoiced. Following completion of the Project Bidding Services and the award of the construction contract to the lowest responsible bidder, we shall enter the Phase 1 Construction Administration services for the project. These services have already been approved by the Board of County Administrators via Work Order No. 1, effective July 2, 2019 and as such, do not need to be included herein this scope. Fees: We shall complete the above described tasks for the lump fee fees listed below: Task A — Construction Plans Revisions $ 13,615.00 Task B — Cost Estimating Update $ 2,400.00 Task C — Administrative Approval Request $ 4,650.00 Task D — Phase 1 Bidding Assistance $ 6,520.00 Task E — Reimbursables (max.) $ 3,000.00 Total Fee $ 30,185.00 107 Deliverables: Deliverables for this project will. consist of the following: a. Preliminary Construction Plans (w/Phasing) 2 Sets b. Final Construction Plans (AA Permit Submittals) 6 Sets c. Permit Application Forms As Required d. Final Construction Plans (Bid Sets) 2 Sets & PDF d. Related digital AutoCAD and PDF files Schedule Upon receipt of the Notice to Proceed and the information to be. provided by the County, we shall complete the scope of services for this project on the following schedule: Task Phasing Design Permit Submittal Permit Review & Comments File#1756 (MM WONo1-AmendNo1-ExhibitA_20-0415.docx) Working Days 15 Days 20 Days Unknown 108 L M J MASTELLER & MOLER, INC. M — CIVIL ENGINEERS — AMEND NO. 1 TO WORK ORDER NO. 1 (Parks) MANHOURS EXHIBIT - ESTIMATED LUMP SUM FEE TABULATION INDIAN RIVER COUNTY PARKS & CONSERVATION RESOURCES HOBART PARK BASEBALL FIELDS - IRC -1759 CONSTRUCTION PLANS REVISIONS / COST ESTIMATE BREAKDOWN / PERMITTING / PHASE 1 BIDDING ASSISTANCE File#1756 W014mendl Manhours ExhibR.xlsx 109 Principal / PE CAD Draftsperson / Desi ner Administrative Total Est. Costs $ 175.00 $ 100.00 $ 70.00 Hours Amount Hours Amount Hours Amount Task A - Construction Plans Revisions 12 $ 2,100.00 29 $ 2,900.00 $ - $ 5,000.00 Task B — Cost Estimating Update 8 $ 1,400.00 10 $ 1,000.00 $ - $ 2,400.00 Task C - Administrative Approval Request 2 $ 350.00 23 $ 2,300.00 5 $ 350.00 $ 3,000.00. Task D - Phase 1 Bidding Assistance 6 $ 1,050.00. 16 $ 1,600.00 5 $ 350.00 $ 3,000.00 MASTELLER & MOLER, INC. Total Est. hrs/cost 28 $ 4,900.00 78 $ 7,800.00 10 $ 700.00 $ 13,400.00 SUB -CONSULTANT FEE - ELECTRICAL $ 6,270.00 SUB -CONSULTANT FEE - LANDSCAPE ARCHITECT $ 4,840.00 SUB -CONSULTANT FEE - IRRIGATION $ 1,025.00 SUB -CONSULTANT FEE - ARCHITECT $ 1,650.00 REIMBURSABLES (not to exceed) $ 3,000.00 TOTAL $ 30,185.00 File#1756 W014mendl Manhours ExhibR.xlsx 109 /4A INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator PUBLIC HEARING FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Local Option Gas Tax Distribution Percentages DATE: May 4, 2020 DESCRIPTION AND CONDITIONS As required by Chapter 209 of the Indian River County Code, the Board of County Commissioners shall conduct a Public Hearing every two years in May to approve a revenue distribution formula for the 6¢ Local Option Gas Tax. This tax revenue is currently shared with the five municipalities based upon a formula as follows: "The percentage of total revenue allocated to each eligible entity equals one- third of the entity's percentage of total equivalent lane miles of road plus one- third of the entity's percentage of transportation expenditures. over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research." This formula has been used over the past 33 years. Attached is the 2020 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation by September 1, 2020. RECOMMENDATIONS Staff recommends approval of the 2020/2021 revenue distribution percentages. ATTACHMENT Chapter 209 LOGT Chart/Spreadsheet Public Hearing Advertisement April 2020 Sample Letter to Municipalities APPROVED AGENDA ITEM FOR MAY 19. 2020 110 LOCAL OP'T'ION GAS TAX CHAPTER 209. LOCAL OPTION GAS TAX Sec. 209.01. Short title. Sec. 209.02. Levy of tax. Sec. 209.03. Effective date. Sec. 209.04. Disposition of proceeds_ Sec. 209.05. Utilization of proceeds. Section 209.01. Short title. This article shall be known and may be cites as the "Indian River County Local Option Gas Tax Ordinance." (Ord. No. 92-26, § 4, 7-14-92) Section 209.02. Levy of tax. There is hereby imposed a six cent ($0.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of F.S. Ch. 206. (Ord. No. 92-26, § 4, 7-14-92) Section 209.03. Effective date. The tax imposition hereby made shall be effec- tive from September 1, 1996 to August 31, 2026, both inclusive. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96) Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursu- ant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipal- ities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held in May at least every two (2) years by the parties to the agreement. (b) Each year, during the term of the imposi- tion of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following for- mula: The percentage of total revenue allocated to each eligible entity equals one-third (Y3) of the Section 209.05. Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only for transportation expenditures in accordance with the provisions and requirements of F.S. § 336.025_ (Ord. No. 92-26, § 4, 7-14-92) § 209.04 entity's percentage of total equivalent lane miles of road plus one-third M) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (S/s) of the entity's total percentage of population re- siding in the area based upon the most recent estimate from. the Florida Bureau of Economic. and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public. Works Director by April 30th of each year. Should the above information not be reported to the public works director by April 30th of each year, the public works director shall recalculate the distribution of proceeds based upon the pre- vious year's information, or other reliable infor- mation, whichever is more recent, for each non - reporting eligible entity (municipality). By June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities be- come ineligible to receive a share of the local option gas tax for any reason, any funds other- wise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County. in proportion to other monies distributed pursu- ant to this section. . (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31, but not collected otherwise available for distribution until after August 31; of the year this levy terminates. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96; Ord. No. 2001-012, § 1, 3-20-01) 111 a> CL �(n o 0 LO Cl) M O O r CLC) o W CC � 'T LO O U y Oct � I a z 00 C_ N CN 00 co O (14 Cl. Q0 _O N r M M 00 N N C 0 U) O o C'N O 7 - 'Vi Vi Vi C Z EA f'- U) LO y _U o o N qlCl) O O O o _ M O Cf) .L r V V M r CCC () r O r N N N (O (O .M V o co Cl) O O N N v N N C O N0 O Ln hf3 H> Vi VJ 69z C Q o - LO 00 co co qt O It r - o O M Cl) CO O N IT o M N 000 N M C r mCl) M CA O c V N r N U) n U7 co 00 CN j ._. 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CL CL E _d * 0 M rl o o o \ O O N O p N W) O O O O 0 p O co O O O7 W p N N O O O O r p N � 7 O •g PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice that a public hearing will be held on Tuesday, May 19 2020, at 9:05 a.m. or as soon thereafter as possible at the County Commission Chambers in the County Administration Building, 1801 27"' Street, Vero Beach, FL 32960, to discuss the following: CONSIDERATION OF SIX CENT (6¢) LOCAL OPTION GAS TAX (LOGT) REVENUE DISTRIBUTION FORMULA FOR FISCAL YEAR 2020/!2021 Interested parties may appear at the meeting and be heard with respect to the proposed application. Anyone who wants to inspect any proposed documents may do so at the Public Works Department in the County Administration Building, 1801 27"' Street, Vero Beach, FL. 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 testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act Coordinator at 567-8000, Ext. 1223, (TDD # 772-770-5215) at least 48 hours in advance of the meeting. 114 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach., Florida 32960 Telephone: 772-567-8000 April 22, 2020 XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXX Subject: Local Option Gas Tax Distribution Formula for 2019/2020 FAX: 772-778-9391 The County has downloaded the total transportation expenditures for your city ($XXXXXXXXX) for the fiscal year 2018/2019 from the Local Highway Finance Report. To complete the tax distribution formula, we need to obtain the number of lane -miles of roads, as well as the number of bridges, under your jurisdiction. For your use, I have attached a copy of the Local Option Gas Tax Distribution Formula table for 2019, with the lane-mile/bridge information received from 2017/2018. 1 have highlighted your agency totals in yellow. Please transmit the 2018/2019 lane -mile and bridge information to my attention at the Indian River County Public Works Department as soon as possible. Preferably, you can email the information to: Iclark@ircgov.com. A new table, which shows the gas tax distribution percentages based upon the formula, to be effective FY 2020/2021, will be sent to you. Please contact me at (772) 226-1379, if you have any questions. Sincerely, Richard B. Szpyrka; P.E. Public Works Director RBS/Imc Attachment: 2019 LOGT Chart cc: Jason E. Brown, County. Administrator 115 Departmental Matters Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: May 12, 2020 SUBJECT: Limited (Land Acquisition) G.O. Refunding Note, Series 2015 Consideration of Early Payoff FROM: Kristin Daniels Director, Management & Budget Background On November 2, 2004, the voters of Indian River County approved a referendum authorizing a $50 million bond issue for the purchase of environmental, agricultural and historic properties. On May 23, 2006, the Board of Commissioners approved and adopted the Award and Sale (Resolution #2006-067) for the Indian River County, Florida, Limited General Obligation Bonds — Series 2006 in an aggregate principal amount not to exceed $50,000,000. This bond issue reaches final maturity on July 1, 2021, and the bonds became callable beginning on July 1, 2016. On April 7, 2015, the Board of County Commissioners approved a partial refunding of the Series 2006 Land Acquisition Bonds. The partial refunding was accomplished through the issuance of the $20,369,000 Limited General Obligation Refunding Note, Series 2015. The refunding resulted in debt service savings of $1,356,323 and a net present value (NPV) savings of $1,184,814. Early redemption of the Series 2015 Note is available any January or July 1, and the final original maturity date of July 1, 2021 remains unchanged. Analysis Staff has prepared an analysis regarding the payoff of the remaining principal outstanding during the current fiscal year. The note may be redeemed July 1, 2020, with no redemption fee. Of the $7,268,000 currently outstanding, $4,298,000 reaches maturity on July 1, 2020. This payment is already included in the current year budget. After the July 1, 2020 payment, a balance of $2,970,000 will remain. The debt service payments are supported by a millage rate levied by the Board of County Commissioners on all taxable property within the County. For the current fiscal year, this millage rate is 0.2568. Staff has evaluated using a combination of existing Land Acquisition Bond (note) Fund Balance with the shortfall provided by the General Fund to pay off the remaining amount outstanding. If these bonds are paid off, then the need to levy this millage is eliminated. This would provide a savings for all taxpayers of the County, which could be especially beneficial at this time considering the financial hardship some of our residents may be facing due to COVID19. Currently, reserves are available to retire this debt. The Government Finance Officers Association (GFOA) best practices include early retirement of debt as an appropriate use of fund balance. This use of fund balance is preferred to the use of fund balance to fund ongoing operations, which is not recommended. Additionally, a one-time 116 Board of Commissioners Page 2 of 3 May 12, 2020 expenditure of fund balance is in accordance with the County's Fund Balance and Reserve policy. Staff has considered the opportunity cost of this decision as well. Interest earnings on any funds used, to pay down the debt would be lost. However, the County is currently earning about 1.35% interest on the overall investment portfolio (April 2020 average). The Series 2015 Note carries an interest rate of 1.66% per year. Given the current economy and the recent decrease in interest rates, staff anticipates further decline in interest earnings going forward. The average portfolio yield has been decreasing anywhere from 10-40 basis points each month since January 2020. As older investments with higher interest rates mature, the interest earned on the portfolio will continue to decrease. Agency investments currently being purchased are earning 50 basis points while treasuries are earning approximately 20 basis points. The County is holding funds earning a relatively low interest rate, while paying a comparatively higher rate on the outstanding bonds. Please see the table below for an estimate of the net savings that could be realized from the early retirement of this debt. For purposes of this analysis, staff has assumed an average interest rate of 1.35% on County investments, however this interest rate is expected to decrease over the remaining life of the note which would cause the savings to increase. For instance, if the County were to earn an average rate of return of 1.0% through July 1, 2021, the net present value (NPV) savings would increase to over $15,000. As shown in the table above, the early payoff provides a net savings of $5,707 for the County, and in turn the taxpayers. The county would forego $40,095 in interest earnings on the $2,970,000 used to pay off the debt. However, the County would no longer pay the interest on these bonds, which totals $49,302 over the same period. Even after paying the $3,500 in Bond Counsel and Financial Advisor fees, there is still a savings. Most importantly, the County would no longer levy the millage needed to service this debt. For the owner of a $250,000 home (with homestead exemption), this would be an estimated savings of $15.40 on their 2020 tax bill. Funding The July 1, 2020 early payoff amount of $2,970,000, with an additional $3,500 in financial service fees will be provided from Land Acquisition Bond (note) Cash Forward in the amount of $1,734,275 with the remainder of $1,239,225 to be provided from General Fund Cash Forward. The Land Acquisition Fund Balance will change slightly before the July 1, 2020 payment due to tax payments received. Therefore, these amounts are subject to change. Ultimately, the Land Acquisition Bond (note) Fund Balance will be completely exhausted before General Fund dollars are used. Staff Recommendation Staff recommends that the Board of County Commissioners authorize staff to redeem the remaining Limited (Land Acquisition) G.O. Refunding Note, Series 2015 in the principal amount of $7,268,000 on July 1, 2020, and process payments of $3,500 for financial service fees. Staff further recommends that 117 Bond Counsel Interest and Financial Investment Principal Payment Advisor Fee Interest Net Savings/ Year Payment Due (Savings) Loss Earnings Loss Loss 2021 $2,970,000 $49,302 ($3,500) ($40,095) $5,707 As shown in the table above, the early payoff provides a net savings of $5,707 for the County, and in turn the taxpayers. The county would forego $40,095 in interest earnings on the $2,970,000 used to pay off the debt. However, the County would no longer pay the interest on these bonds, which totals $49,302 over the same period. Even after paying the $3,500 in Bond Counsel and Financial Advisor fees, there is still a savings. Most importantly, the County would no longer levy the millage needed to service this debt. For the owner of a $250,000 home (with homestead exemption), this would be an estimated savings of $15.40 on their 2020 tax bill. Funding The July 1, 2020 early payoff amount of $2,970,000, with an additional $3,500 in financial service fees will be provided from Land Acquisition Bond (note) Cash Forward in the amount of $1,734,275 with the remainder of $1,239,225 to be provided from General Fund Cash Forward. The Land Acquisition Fund Balance will change slightly before the July 1, 2020 payment due to tax payments received. Therefore, these amounts are subject to change. Ultimately, the Land Acquisition Bond (note) Fund Balance will be completely exhausted before General Fund dollars are used. Staff Recommendation Staff recommends that the Board of County Commissioners authorize staff to redeem the remaining Limited (Land Acquisition) G.O. Refunding Note, Series 2015 in the principal amount of $7,268,000 on July 1, 2020, and process payments of $3,500 for financial service fees. Staff further recommends that 117 Board of Commissioners Page 3 of 3 May 12, 2020 the Board authorize a budget amendment to allocate funding of approximately $1,239,225 for this transaction from General Fund Cash Forward. Attachments Redemption Notice Authorizing Resolution 118 NOTICE OF REDEMPTION Indian River County, Florida Limited General Obligation Refunding Note, Series 2015 NOTICE IS HEREBY GIVEN on behalf of Indian River County, Florida (the "County") pursuant to that certain Resolution No. 2015-047, adopted April 7, 2015, (the "Resolution"), that the County's outstanding Limited General Obligation Refunding Note, Series 2015, identified below (the "Refunded Note"), which was originally issued on April 9, 2015, shall be redeemed, prior to its final maturity, on July 1, 2020 (the "Redemption Date"), at a redemption price equal to $2,970,000, which is 100% of the remaining principal amount thereof after the payments due on such date. Payment of the Redemption Price of such Refunded Note shall be paid by wire transfer on the Redemption Date sent by the office of Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioner of the County, as paying agent (the "Paying Agent"). Interest on and principal of such Refunded Note otherwise due on the Redemption Date will be paid in the usual manner. Interest on such Refunded Note will cease to accrue from and after the Redemption Date. Per the terms of the Refunded Note, the Noteholder is required to return the Note to the Paying Agent after the redemption for cancellation. All questions should be directed to the Paying Agent, per the contact information provided below. Elissa Nagy Finance Director 772-226-1570 enagy@clerk.indian-river.org INDIAN RIVER COUNTY, FLORIDA am Dated: May , 2020 Jason Brown, County Administrator 119 w D n c zr 0 Q +-:3 (D Q -. (D QQ 3 v' y (D C co" =0� (D :7rn 0 Q3 Q NO Q C) O 00 CD 0 • 0 Cn o• :3 (Q � (hn D-0 �-� .�Q Cc �(D Q Q 70 ��� O CA cn �o . : ,-< tC \G � C) O OO � � Q --+-0 ::T< 0 Q :3 QCD �- NQS• ��z z� �< --I- Q_ (D < —h _ cD < 07C) N O-,N) Q O O< 0 O N) CD CO O C C i --h O -� W 0- CD CD Q 00 NQ Q �. CD Q Q �< 000 OCD Q Q C:) co 0 CD A CD :3 CQ C 0 3 zr 0 Q +-:3 (D Q -. 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N V1 •t~A w Q �I�fl �1w1'1 111 A V.14 ,1V0 Ym Ln �A Q `Ln Ln Q � Milfions ao lj s� �o 10 rs X10 � ik} �r9 0'Q !D ,ci�a C m 0 Z 0 C�i 0 m Z cn •N �% o o 0 / 0 --1 v : �D tD to Lo to �D to w 'to to w w to w w to W W LD W W to to < \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ro 03 D -i /0 w w w w w w w w w w w w w w w w w w w w w w w 00-s Cx(D NN NN NON N OOOONOONO OO OOOOOOONO ON 0Nd0 S toj N 0 ON 0 t0 00 V m A w to W V m In A w = fD S O_ - 0 _ N N _ O _ 6 7 . . 2 A LA to i/� ry O - C �Vt to i/ in in to Sn in V/ I--� W A tin tin V V W O O V C �; yn N N I--� N N N W A 00 R A N O W O V `D N 00 M O A 00 N In to N Ol l0 U1 00 Ol' "AD i0 l0 W O 00 In 0 . N - " F+ 00 w Ol V Ol A t0 w N W Ol l0 V W In V N V In W F-+ N (D N In O N to A V V t0 A W In O In In O _ W - O O N' In `O ,tn N O O O. O O O O O O. O O O O O O O O O O O O O " 3 iR O O O O O O O CL O O O O. O O O O O O O O O O O O O O O 0 O O O m ' Millions N N N N Vf -LI P. N i0 0 N O � O O O O O OfD . S t 0 i 0 7 it 1 fk j fD 6 I � I 00 - cr 1 S - (D i N Ln i'01s j I { a s € O E �CL I ! j . N .0 d� �� 4 fD CL 0ro 1 4 c� I N 10 I - �0 N 1101 CL $ mss. I �, � I .. 6 0 i Iljlljllj - nD CLO 001 .. { d0 ( to -ko( 0-1,11 � s 00 j I ' I N .tt _.. N RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE REDEMPTION OF ITS INDIAN RIVER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION REFUNDING NOTE, SERIES 2015; AUTHORIZING THE DELIVERY OF A REDEMPTION NOTICE AND ANY OTHER NECESSARY DOCUMENTATION; AND PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS, SEVERABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Section 125.01, et seq., Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. Indian River County, Florida (the "County") has previously issued its Limited. General Obligation Refunding Note, Series 2015 (the "Note"). B. The County desires to redeem said Note from legally available funds of the County. SECTION 3. AUTHORIZATION OF REDEMPTION. The Note, as described in the form of Notice of Redemption attached hereto as Exhibit A, is hereby authorized to be redeemed by the County. The County hereby authorizes the County Administrator to execute said Notice and any other documentation necessary in connection therewith to effectuate the redemption. SECTION 4. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict. SECTION 5. SEVERABILITY. In the event that any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Resolution, which shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its final passage and adoption. 120 RESOLUTION NO. 2020 - The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chair Susan Adams Vice -Chair Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chair thereupon declared the resolution duly passed and adopted this 19th day of May, 2020. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: LO -A Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chair 121 1 EXHIBIT A FORM OF NOTICE OF REDEMPTION 122 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: . Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Termination of FDEP Grant Agreement No. 171111 Wabasso Beach Restoration Project (Sector 3) — Mitigation Reef DATE: May 6, 2020 BACKGROUND On February 13, 2018, the Board of County Commissioners (BCC) approved entering into a Grant Agreement with the Florida Department of Environmental Protection (FDEP) under the Florida Beach Management Funding Assistance Program, Agreement No. 171R1, which committed state funds for the partial reimbursement of the design and construction of a mitigation reef for the Sector 3 Beach and Dune Restoration Project (2010-2012), should that mitigation reef be determined to be necessary. The agreement committed up to $1,800,000 at a cost share ratio of 50% State - 50% Local. The total local share under this agreement was $900,000 with a maximum State reimbursement of $900,000. The Agreement identified Indian River County as the Local Sponsor and has an expiration date of December 31, 2021. DESCRIPTIONS AND CONDITIONS Funds available under 171111 were approved by the FDEP and appropriated by legislature for the purpose of the anticipated design and construction of a mitigation reef associated with the 2010- 2012 Sector 3 Beach and Dune Restoration Project performed under FDEP Permit No. 0285993- 001 -JC. Required environmental monitoring identified in routine Permit conditions over several years provided FDEP with both pre- and post -construction information as to whether or not any impacts to the environment were observed from the Beach Nourishment activities. On September 24, 2018, an e-mail from the Program Administrator for the FDEP's Division of Water Resource Management's Beaches, Inlets and Ports Program stated that the Department had completed their review of the project and determined that no mitigation for the nourishment event performed under Permit No. 0285993 -001 -JC was required. 123 Page 2 BCC Agenda Item for May 19, 2020 Termination of FDEP Grant Agreement No. 171111 Upon notification that a mitigation reef was not required, Coastal staff began the process of requesting the appropriated State funding for the mitigation reef be applied to the current Sector 3 Beach Nourishment project that was in the design process. Communications have taken place between staff and FDEP on the requested realignment of funds from the non -required mitigation reef to the current Sector 3 Beach and Dune Nourishment project (IRC1925), with the FDEP issuing their final statement on April 24, 2020 that the reef funds cannot be utilized for other projects. The FDEP is seeking consent from Indian River County to terminate the agreement in accordance with paragraph 13.a of the agreement (Termination for Convenience). FUNDING Funding is not necessary for the approval of the termination of the 171111 Agreement as no funds were received under this Grant. The current Sector 3 Beach and Dune Nourishment Project will continue regardless of this Grant Agreement, as the balance of funding for the project will be provided from Tourist Tax Revenues and potential other Grants. RECOMMENDATION Staff recommends the termination of FDEP Agreement IR171 as the mitigation reef for the 2010- 2012 Sector 3 Beach and Dune project in which the funds were awarded for is not required, and since the FDEP has stated that they are unable to reallocate those funds to the current Sector 3 Beach and Dune Nourishment Project. ATTACHMENT 1. Executed FDEP Agreement 171R1 Grant 2. Indian River County Grant Form 171111 3. FDEP e-mail for non -transfer of allocated funds APPROVED AGENDA ITEM FOR: MAY 19, 2020 124 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: a 1. Project Title (Project) Agreement Number Wabasso (Indian River Sector 3) Beach Restoration 17IR1 2. Parties State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 1801 nth street, FEID: 59-2073525 Vero Beach, Florida 32960 (Grantee) 3. Agreement Begin Date: Date of Expiration: January 31, 2018 December 31, 2021 4. Project Number: Project Location(s):,,,.„o,.,,b,a„�,„ ajdifferentfromAgreement Number) C—y.F' Project Description: The Project consists of design and construction of a mitigation reef. 5. Total Amount of Funding: $900,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal GAA Line # 1602 $900,000.00 ❑ State ❑Federal ❑ State ❑Federal ❑ State ❑Federal b. liepartment's tyrant manager Grantee's Grant Manager Name: Catherine Florko Name: James Gray or successor or successor Address. Beach Management Funding Assistant Address: Indian River County 3900 Commonwealth Boulevard, MS 3601 180127th Street Tallahassee, FL 32399-3000 Vero Beach, Florida 32960 Phone: (850)245-2979 Phone: (772)226-1344 Email• Catherine.Florko@dep.state.fl.us Email: JGray(aa ircgov.com 7. The Parties agree to comply with the terms and conditions of the: following attachments and exhibits which are hereby incorporated by reference: ® Attachment I.' Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) ❑ Attachment 8: Federal Regulations and Terris (Federal) ❑ Additional Attachments (if necessary): ❑ Exhibit A: Progress Report Form ❑ Exhibit B: Disclosure of Lobbying Activities (Federal) ❑ Exhibit C: DEP Property Reporting Form C✓1 Exhibit D: Payment Request Summary Form El Exhibit E: Quality Assurance Requirements ❑ Exhibit F: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. 17IR1 Rev. 8/28/1125 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33l(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS.WHEREOF, this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the last date signed below, whichever is later. .'Indian River County ,,,,.....,.,, GRANTEE Grantee N6—e) o' �M ".,RS''•,, By. Com?' �'�.4.i (Authorized Signature) er D. O'Bryan. Chaim Name and Title of Person Sieni 10. By (gJam-' dlaGt 119 Secretary or Designee Date Signed -Y-; n Ay e.) haute Print Name and.Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. 17IR1 Rev. 8/28/1226 DWRA Additional Signatures DEP G t Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. APPROVED AS TO FORM AN7p- GAL S FF BY WILLIA K. DE RAAL DEPUTY COUNTY ATTORNEY ATTEST: Jeffrey R. Smith, Cl rk of Court Mandomptroll BY: Depu Clerk BCC Approved: February 13, 2018 127 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any preprinted terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, the order of precedence for the documents is as follows: i. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement ii. Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication between the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. c. If a different Grant Manager is designated by either party after. execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or, change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the. Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement; and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds oris expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the.cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, .are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to changes to approved fund transfers between budget categories for the purchases of meeting matchrequirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on .the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or.used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to the Department making payment on that. deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights; or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to.the contrary, written acceptance of a particular deliverable/minimum requirement does not foreclose the Department's remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at the Grantee's expense. If the Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to the Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense. The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to the Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which the Grantee may remedy the -objections noted by the Department. The Grantee's failure to make adequate or acceptable said deliverables after a reasonable opportunity to do so may constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pay Ment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. These consequences for nonperformance shall not be considered penalties. b. Corrective Action.Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, the Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. The Department shall provide the: Grantee with a written request for a CAP that specifies. the outstanding deficiencies. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. L The Grantee shall submit a CAP within ten (10) calendar days of the date of the written request from the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to corrector eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. Attachment 1 2of12 Rev. 7/28/2017 129 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by the Department, the Department agrees to pay the Grantee for. services rendered in accordance with Section 215.422, Florida Statutes (F.S.). To obtain the applicable interest rate, please refer to: http://www.myfloridacfo.com/Division/AANendors/default.fitm. b. Taxes. The Department is exempted from payment of State sales and use takes and Federal excise taxes. The Grantee, however; shall not be exempted from.paying any taxes that it is subject to, including State sales and use taxes, or for payment by the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Grantee shall not use the Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Ageement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this. Project are the responsibility, of the Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit D, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre -audit and post -audit to be performed. f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Grant Manager. g. Final Payment. Request. A final payment request should be submitted to the Department no later than sixty: (60) calendar days following the completion date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If the: Grantee is being reimbursed: for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to .subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. Ifthe Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days.of written notification. Interest shall be charged on Attachment 1 3of12 Rev. 7/28/2017 130 the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter. 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For. fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to the Department for fixed- price subcontracted activities shall be supported .with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement. is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, the Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for the Grantee's direct purchase of equipment is subject to specific approval of the Department, and does not include any equipment purchased under the delivery of services to be completed by'a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Property Reporting Form. f. Rental/Lease of Equipment —Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees -or court costs, civil or administrative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, the Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to the Department's Grant Manager, describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) calendar days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, $eptember 30 and December 31. The Department will review the required reports submitted by the Grantee within thirty (30) days. Attachment 1 4of12 Rev. 7/28/2017 131 11. Retainage. The following provisions apply if the Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement to a maximum percentage described in the Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work. and approval of all deliverables. b. The Department. reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by. Grantee. c. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment for the work and thexetainage called for under the entire Grant Work Plan. Failure to perform includes, but is not limited'to, failure to submit the required deliverables or, failure to provide adequate documentation that the work was actually performed. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits .an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described. below. The limits of coverage under each policy maintained by the Grantee shall not. be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: i. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $200,000 each individual's claim and $300,000 each occurrence. ii. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile Iiability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company - Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage iv. ' Other Insurance. Additional insurance may be required by federal law, where applicable, if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor Worker's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (http:%/www.dol.gov/owcp/dihwcAscontac.htm) or to the parties' insurance carrier. Insurance Requirements for Sub -Grantees and/or Subcontractors: The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as Attachment 1 5of12 Rev. 7/28/2017 132 described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided.through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further, notwithstanding the requirements above; if Grantee is self-insured, then the Department of Environmental Protection, its employees, and officers do not need to be listed as additional insureds. d. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. e. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department, the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-insured authorization, or other certification of self-insurance. f. Failure to Maintain Coverase. In the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) calendar days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days' written notice to the Grantee, when the Department determines, in its sole discretion, that it is in the State's interest to do so. The Department shall notify the Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee shall not furnish any service or deliverable after it receives the notice of termination, unless otherwise instructed in the notice. The Grantee shall not be entitled to recover anycancellation charges or lost profits. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement. The Grantee shall continue work on any portion of the Agreement not terminated. If; after termination, it is determined that the Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of.the: Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.. After receipt of a notice of termination or partial termination, and except as otherwise directed by the Department, the Grantee shall stop performing services on the date, and to the extent specified, in the notice. 14. Notice of Default. If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, without limitation, any of the events of default listed below, the Department shall provide notice to the Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, the Grantee will be found .in default, and the Department may terminate the Agreement effective as of the date of receipt of the default notice. . 15. Events of Default. Provided such failure is not the fault of the Department or outside the reasonable control of the Grantee, the following non-exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by the Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding. Attachment 1 6of12 Rev. 7/28/2017 133 c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information. d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A): of the Immigration and Nationality Act; h. Failure to maintain the insurance -required by this Agreement; and i. One. or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30 -day period, the Grantee (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 1 l of the United States Code; ii. The making by the Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property; and/or iv. An action by the Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide the :Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, the Department shall either: (1) issue a notice authorizing resumption of work, at which .time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the. thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle the Grantee to any: additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable, the Grantee shall notify the Department in writing of the delay or potential delay and describe the cause of the delay. either (1) within ten days after the cause that creates or will create the delay first arose, if the Grantee could reasonably. foresee that a delay could occur as a result; or (2) if delay,is not reasonably foreseeable, within five days after the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph.is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph; after the causes have ceased to exist the Grantee shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part.. Attachment 1 7ofl2 Rev. 7/28/2017 134 18. Indemnification. a. The Grantee shall .be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers; agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that the Grantee shall not indemnify for that portion of any loss ordamages proximately caused by the negligent act or omission of the Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Grantee (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending theaction at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the Department in any legal action without the Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. — b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee, insure or assume liability: for the Grantee's negligence, waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and. void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit the: Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity.. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy, any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment.and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a. violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crimea A person or affiliate who has been placed on the convicted vendor, list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Attachment 1 8of12 Rev. 7/28/2017 135 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, itsaffiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term :of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos. myfl orida.cbni/l ibraiy-arch ives/records-management/izeneral-records-sehed ulesn. Attachment 1 9of12 Rev. 7/28/2017 136 27. Audits. a. Inspector General. The Grantee understands.its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its Subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours; including by any of the following methods: L Grantee shall provide access to any location or facility on which Grantee. is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility,, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, the Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit l and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to She Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) calendar days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program=by-program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part,. of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. Attachment 1 10 of 12 Rev. 7/28/2017 137 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of the Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the Department. b. The Department. may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security. status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to the Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible: for the payment of all monies due under any subcontract. The Department shall not be liable. to any subcontractor for any expenses or liabilities incurred under any subcontract and the Grantee shall be solely liable to the subcontractor.for all expenses and liabilities incurred under any subcontract. e. The Department will not deny the Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of the Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess -costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If the Grantee is a subsidiary of another corporation or other business entity, the Grantee asserts that its parent company will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the event the Grantee is sold during the period the Agreement is in effect, the Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Grantee.. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of the Grantee, its agents, servants, and employees, nor shall the Grantee disclaim its own negligence to the Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If the Department consents to a subcontract, the Grantee will specifically disclose that this Agreement does not create any third -party rights. Further, no third parties shall rely upon any.of the rights and obligations created under this Agreement. . 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or.under any purchase order issued pursuant to the Agreement, without the prior written consent of the Department. In the event of any assignment, the Grantee remains secondarily liable for performance of the Agreement, unless the Department Attachment 1 11 of 12 Rev. 7/28/2017 138 expressly waives such secondary liability., The Department may assign the Agreement with prior written notice to the Grantee of its intent to do so. 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent (501YO) or more.ofthe cost will be paid from state -appropriated funds that have been appropriated atthe time ofthe competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by this section. 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S_ state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. a. "Political subdivision" means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction, maintenance, repair or improvement of public works. b. "Public works project" means an activity of which fifty percent (50%) or more of the cost will be paid from state - appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction, maintenance, repair, renovation, remodeling or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or. state law, the state or political subdivision that contracts for a public works project may not require that a contractor; subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type, amount, or rate of employee benefits; iii. Control, limit, or expand staffing; or iv. Recruit, train, or hire employees from designated, restricted, or single source. d. For. any competitive solicitation: that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work who is qualified, licensed, or certified as required by state law to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134, F.S. e. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which. shall constitute the same instrument. In accordance with the Electronic:Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 7/28/2017 139 STATE OF FLORIDA DEPARTMENT OF: ENVIRONMENTAL PROTECTION GRANT AGREEMENT SPECIAL TERMS AND CONDITIONS AGREEMENT No. 171111 ATTACHMENT 2 These Special Terms and Conditions shall be read together with, general terms outlined in the Standard Terms and Conditions, Attachment I. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Wabasso (Indian River Sector 3) Beach Restoration. The Project is defined in more detail in the Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on January 31, 2018 and ends at the expiration of the Agreement. b. Extensions. There are extensions. available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Costs Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match a 0 ■ ■ ■ ■ ■ ■ Sol Category Salaries/Wages Overhead/Indirect/General and Administrative Costs: a. Fringe Benefits, N/A: b. Indirect Costs, for actual costs not to exceed the budget amount identified in Attachment 3. Contractual (Subcontractors) Travel Equipment Rental/Lease of Equipment 0 Miscellaneous/Other Expenses ❑ . Land Acquisition No Equipment purchases shall be funded under this Agreement. There will be no Land Acquisitions funded under this Agreement. 5. Match Requirements. See Attachment 3, Grant Work Plan. 6. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. Attachment 2, Agreement No. 17IR1 l of 2 Rev. 10/10/17 140 7. Additional Lobbying Requirements for Federally -Funded Agreements This Agreement is not federally funded. S. Miscellaneous Contract Terms. a. Retainage. Retainage is permitted under this agreement. Retainage may be up.to a maximum of 10% of the total amount of the Agreement. b. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. c. State-owned land. Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. d. Office of Policy and Budget Reporting There are no special Office of Policy and Budget reporting requirements for this Agreement. 9. Additional Terms. None. Arty terms added here must be approved by the Once :of General Counsel. Attachment 2, Agreement No. 171R1 2of2 Rev. 10/10/17 141 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration. PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department/DEP) reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County, Florida. PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 - R51.3 (critically eroded section) in Indian River County (Sector 3). Construction of Phase I was completed in 2010 and Phase II construction was completed in 2012, as authorized under JCP Permit number 02859.93 -001 -JC. Due to damages sustained during Hurricane Sandy, emergency repairs were added in 2012 and a full storm repair project was constructed in the winter of 2014 - 2015 under JCP Permit number 0285993 -008 -JC. It was constructed in accordance with the terms and conditions of the permit, however, the Department required additional post -construction hardbottom monitoring during 2016. Although the permit has since expired, Department staff is currently reviewing the 2016 hardbottom monitoring report to assess the need for mitigation of an estimated 1.5 acres of hardbottom. Construction is anticipated for FY 2018-19. PROJECT DESCRIPTION: The Project consists of design and construction of a mitigation reef. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $900,000 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 6213-36, F.A.C. The Grantee will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes (F. S.). Pursuant to Sections 161.091 - 161.161, F.S, the Department provides financial assistance to eligible governmental entities for beach erosion control.and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), Florida Administrative Code (F.A.C.), the Grantee has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and :the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014). and all associated state and federal permits, unless otherwise specified in the. approved Scope of Work for an eligible Project item. The monitoring standards may be found at: http: //wwW .dep. state.fl.uslbeacheslpublications/pdf/PhysicalMonitoringStandards.pdf. DEP Agreement No. 17IR1, Attachment 3, Page 1 of 3 142 One (l) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP or FDEP — Florida Department.of Environmental Protection FWC — Florida Fish and Wildlife Conservation Commission FWS — United States Fish and Wildlife Service JCP — Joint Coastal Permit NEPA — National Environmental Policy Act NMFS — National Marine Fisheries Service RAI — Request for Additional Information USACE — United States Army Corps of Engineers TASKS and DELIVERABLES: For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting advance payment, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1:. Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related. authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor: must be submitted detailing work progress during: the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than monthly. Task 2: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs,dune stabilization DEP Agreement No. 17IR1, Attachment 3, Page 2 of 3 143 measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: The deliverable is pending submittal of a scope of work to the Department and will not be reimbursed until the completion of an amendment or change order to this agreement. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than monthly. Estimated. Eligible Project Cost Task # Eligible Project Tasks State Cost Share DEP Local Total 1 Design and Permitting 50.00% $50,000.00 $50,000.00 $100,000.00 Design Contractual Services $50,000 1/31/2018 2 Construction 50.00% $850,000.00 $850,000.00 $1,700,000.00 Contractual Services $850,000 1/31/2018 9/30/21 TOTAL PROJECT COSTS Total: $900,000.00 $900,000.00 $1,800,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount. Task Start 'Date 'Task End Date. Deliverable' Due Date . 1 Design Contractual Services $50,000 1/31/2018 9/30/21 09/30/2021 2 Construction Contractual Services $850,000 1/31/2018 9/30/21 09/30/2021 Total: $900,000 DEP Agreement No. 17IRi, Attachment 3, Page 3 of 3 144 DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records . a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreement (Public. Records), unless the Public Records are exempt . from section 24(a) of Article I of the Florida Constitution or section I] 9.07(1), F.S. b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply. a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request, provide the Department with a copy of: requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from -Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract teen and following completion. of the contract if the contractor does not transfer the Public Records to the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE Rev. 5/26/17 Attachment 4 145 1 of 2 CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services@dep.state.fl.us Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 J Rev. 5/26/17 Attachment 4 146 2 of 2 ATTACHMENT 5 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (whish may be referred to as the 'Department", "DEP'; "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the co ntract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A=133, as revised, 2 CFR Part 200, Subpart F, and Section.215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 :CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization.as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in. accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Sbpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. 3. if the recipient expends less than $500,000 (or $750,000,.as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A433, as revised, and 2 CFR Part 200, Subpart_ F; is not required. In the event that the recipient expends: less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efda.gov Attachment 5 1 of 5 Rev. 5nom 147 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(x.), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific: audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT l to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting, package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the- Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:L/-Qps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httpJ/v;wiv,leiz.state..fl.us/Welcome/index.cfxn, State of Florida's website at http://www.myflorida.com/ Department of Financial Services' Website at http:/hvww.fldfs.com/ and the Auditor General's Website at.htty.://www.myflorida.com/audpen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to, spec fy any additional audit. requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (ie.; the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215 97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised; and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each. of the following: Attachment 5 .2of5 Rev. 5/30117 148 A• The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAudit a det)state fl us B. The Federal. Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: - . Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or ager January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httP://harvester census !ov/facweb! C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f) OMB Circular A-133, as revised, and 2 CFR §200.512. ' 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular AA 33, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDE.PSina]eAuditoaden state fl us Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Attachment 5 Rev. 5/30117 _ - 3 of 5 - 149 Electronically: FDEPSingleAuditndep state fl us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 1 I I West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector. General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: , FDEPSingleAuditQ.de state fl us 5. Any reports, management letters, or other information required to be submitted. to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance withOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its. compliance with the terms .of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request.. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor. General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 5 Rev. 5!10/17 4 of 5 _ - - 150 151 EXHIBIT D . FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: Wabasso Beach Restoration (Indian River Sector 3) Local Sponsor: Indian River County DEP Agreement Number: 17IR1 Remittance Address: Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated LessAdvance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage (10%) State Funds Remaining Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining DEP Agreement No. 17IRI, Exhibit D, Page I of 5 152 Name of Project: Billing Number: DEP Agreement Number. FLORIDA DEPARTMENT OF ENVIRONMENVFAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT —PART II Billing Period (1): Person Completing Form & Telephone Number (2):_ REIMBURSEMENT DETAIL tShare t state t Total Due to Local Sponsor (I5) Form Instructions: 1. Billing Period: Shmid reflect Invoice services performed date. (beginning date.- earliest date of services, end date - latest date ofservices perfomred). 2. Person responsible for wmpletingthis form: Please identify the person responsible for completing information if clarification is needed. 3. Deliverable P: Must identify completed delivemble(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Invoice Amount 5. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. - 6. %Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. . 7. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 8. Non -Federal Share: Eligible Cost (5) minus Federal Share of Invoiced Amount (7), - 9. Percentage of State Share: This should be the State Share Percentage listed in Agreement. . 10.State Share: Multiply Non -Federal Share by State Share Percentage. 11. Local Share: Subtract State Share from Non -Federal Share. 12. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested. - 13. Withheld Retainage: Multiply State Share by 10%. - - 14. State Payment: Subtract Retainage from State Share. 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). Please redact all sensitive financial information from the invoices and other. supporting documentation to be submitted with this Payment Request Form. Notes: For questions or concerns regarding this form please contact: Janice Simmons -(850)245-2978 or email atJanice.L.Simmons@dep.state.fl.us DEP Agreement No. 17I111, Exhibit D, Page 2 of 5 153 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: Wabasso Beach Restoration (Indian River Sector 3) Local Sponsor: Indian River County DEP Agreement Number: 17IR1 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any: delays or problems encountered: DEP. Agreement No. 17IR1, Exhibit D, Page 3 of 5 154 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT PART IV Name of Project: Wabasso Beach Restoration (Indian River Sector 3) Local. Sponsor: Indian River County DEP Agreement Number: 17IR1 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page I of this form is for allowable costs for the Project described in the grant work plan.: I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer Date Date DEP Agreement No.17IR1, Exhibit D, Page 4 of 5 155 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION PART V . Name of Project: Wabasso Beach Restoration (Indian River Sector 3) Local Sponsor: Indian River County DEP Agreement Number: 17IR1 Task Completion ❑(List Task) Project Completion ❑ *I hereby certify that the above-mentioned Project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of, advanced funds which have not been remitted to the Department, have been returned to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 17IR1, Exhibit D, Page 5 of 5 156 GRANT NAME: FDEP Wabasso fIndian River Sector 3) Beach Restoration —Reef Mitigation GRANT" # 171R1 AMOUNT :OF GRANT: $1,800,600 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Enaineerinc, CONTACT:PERSON: James D. Gravy. Jr. TELEPHONE: ext. 1344 1. How long is the grant for? December 31, 2021 Expected Starting Date: Feb 13, 2018 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 50.00 % 5. Grant match amount required 5900,000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding for this aroiect is available from Sector 3 Mitigation Reef Project Account No 12814472-066510-14007. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (if additional space is needed, please attach a schedule.) No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries &'Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance—Life & Health 012.14 Worker's Compensation 0 12. 17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10.. What is the estimated cost of the grant to the county over five years? $ Signature of Preparers Date: U J.11 19 157 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: U J.11 19 157 Eric Charest Subject: FW: 171R1 - Request for Reply From: Florko, Catherine <Catherine.Florko@ Florida DEP.gov> Sent: Friday, April 24, 2020 2:26 PM To Rich Szpyrka <rszpyrka@ircgov.com> Cc: Raeanne Cone <rcone@clerk. indian-river.org>; Kristin Daniels <kdaniels@ircgov.com>; Elissa Nagy1 . <enagy@clerk.indian-river.org>; James Ennis <jennis@ircgov.com>; Eric Charest <echarest@ircgov.com> Subject: RE: 171111- Request for Reply CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hi, I am sorry that I missed your call. I hope this email clarifies the situation. The county requested funds for design and construction of a mitigation reef. The request for design and construction of the mitigation reef was approved by the department and the request was submitted by the department to the legislature. The funds were appropriated by the legislature and DEP agreement.171111 was executed. However, the department later determined that the mitigation reef was not required. Funds appropriated by the legislature specifically for design and construction of the mitigation reef cannot be utilized for other project activities. If you still have questions, I will be available by phone or email after your telephone conference Regards, Catherine Catherine Florko Environmental Specialist Florida Department of Environmental Protection Office of Resilience and Coastal Protection Florida Beach Management Funding Assistance Program 2600 Blair Stone Road., MS 3601 Tallahassee, FIL 32399-2400 (850) 245-7546 http://www.dep.state.fl.us/beaches/programs/becp/index.htm . 158 INDIAN RIVER COUNTY, FLORIDA. MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E.; Public Works Director SUBJECT:. 45th Street Improvements — 43'd Avenue to 581h Avenue . FDOT Small County Outreach Program (SCOP) Agreement and Authorizing Resolution for FM No. 436848-1-54-01, IRC -1722 DATE: May 10, 2020 DESCRIPTION AND CONDITIONS In 2014 Indian River County Public Works applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of $1,282,559 for roadway improvements to 45th Street from US -1 to 58th Avenue, as well as for construction engineering inspection (CEI) services. This funding would not be available until the 2020-2021 FDOT funding cycle. In 2015, without the benefit of FDOT funding, the County moved forward construction of Phase 1 of the 45th Street improvements from the FEC railroad west to 43rd Avenue (IRC -1506). These improvements included adding 57 -foot bike lanes, drainage improvements, sidewalk improvements, a turn lane at 28th Avenue, landscaping. Additionally, the Utilities Department upgraded the water system. The total cost of the construction was $1,812,084, which included over $310,000 in water system upgrades. In 2015, the County also moved forward with enclosing the 45th Street Sub -Lateral "H-3" Canal from 43rd Avenue (IRC- 1427) to just east of the Family Dollar Store entrance. The total cost of this project was $160,035, with $30,000 being provided by the Developer of the Family Dollar Store. Both of .the above projects were encompassed in the 2014 SCOP Grant application submittal and subsequent approval by FDOT. In February 2017, in a letter to FDOT from Stan Boling, Community Development Director, the County requested the reallocation of the funding for 45th Street Improvements - 58th Avenue to US -1, to a reduced scope project of 45th Street Improvements — 43rd Avenue to 58th Avenue. In March of 2017, FDOT committed the same $1,282,559 to the requested reduced scope; with funding for the project being allocated in FY 2020 and FY 2021. After receiving the March 2017 letter from FDOT, staff estimated the total cost for the reduced scope project to be $3,872,554.00. The proposed improvements consist of relocating and reconstructing the existing roadway and enclosing the sub -lateral "H-3" canal along the south side of 45th Street, from 43rd Avenue to west of 581h Avenue, approximately 1.2 miles in a manner consistent with the Gifford Neighborhood Plan. These improvements also include the addition of 5' wide paved shoulders, pavement markings, and a 6-f6ot sidewalk on the south side of 451h Street. 159 Due to numerous design constraints, included compensatory storage for the Indian River Farms Water Control District Lateral "H-3" Canal, the pipe size needed to enclose the canal, and the potential need for the County to obtain right of way, the engineers estimated project cost has increased to $9,855,051. The FDOT SCOP Grant will provide $826,934 in funding towards the project. The project design is currently being evaluated by staff to reduce costs by changing the current design to eliminate the need for right-of-way and to significantly reduce the pipe size needed for enclosing the IRFWCD canal along the south side of 45' Street. Conversations with IRFWCD to reduce the pipe size have been successful and staff is now evaluating the roadway alignment within the existing r/w. It should be noted that without FDOT funding participation, the County moved forward in June of 2018 with enclosing the 45th Street Sub -Lateral "H-3" Canal from the Lateral "H" Canal, just west of 28th Avenue, west the ending location of the above Dollar Store Entrance canal enclosure project. The project (IRC -1427) also included a 6 -foot sidewalk, numerous drainage improvements and landscaping. The total project cost of the project was $3,283,692. This total was $917,842 for the County to purchase the pipe material, saving the County approximately $64,108 in sales taxes, and $2,365,850 for construction of the improvements. FUNDING The project is partially funded in Secondary Road/451h Street Resurfacing (43rd Avenue to 581h Avenue) in the County's 2019 Capital Improvement Element. As the project has expanded, funding for the County's cost share in the amount of $9,028,117.00 will be funded by Account Number 31521441-066510-17028 Optional Sales Tax/FDOT SCOP Grant/45th Street (43rd Avenue to 58th Avenue). RECOMMENDATION Staff recommends the Board approve the FDOTSCOP Agreement (FM No. 436848-1-54-01) and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP) Agreement FM No. 436848-1-54-01 4. 2017 Stan Boling Letter to FDOT 5. 2017 FDOT letter to Stan Boling APPROVED AGENDA ITEM FOR MAY 19, 2020 160 GRANT NAME: FDOT Small County Outreach Program (SCOP) Construction & CEI (Resurfacing) CR -611/45" Street (43" Ave L 581 Ave/CR-613) GRANT # 436848-54-01-1 AMOUNT OF GRANT: $ 826,934.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis. P.E. PMP. County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December 31, 2022 Starting Date: Once FDOT issues NTP 2. Does the grant require you to fund this function after the grant is over? Yes __2L No 3. Does the grant require a match? _X—Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 21.3537 5. Grant match amount required31045100 nn 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital .costs or start-up costs? Yes __2_No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes _2L—No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement – Contributions 012.13 Insurance – Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $11045,652000 Signature of Preparer: Date: 161 Grant Amount Other Match Costs Not Covered Match Total First Year $ 826,934.00 $ $3,045,620.00 $ 3,872,554.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 161 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S .EXECUTION -OF SMALL COUNTY OUTREACH PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROADWAY IMPROVEMENTS TO 45TH STREET FROM 43RD AVENUE TO 58TH AVENUE, AS WELL AS FOR CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES WHEREAS, the roadway improvements to 45th Street from 43`d Avenue to 58th Avenue and all ancillary construction work is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the roadway improvements to.45th Street from 43rd Avenue to 58th Avenue and all ancillary construction work, as well as construction engineering inspection (CIE) under the Small County Outreach Program (SCOP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to.the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation a Small County Outreach Program for the aforementioned project. The foregoing resolution was offered by Commissioner The motion was seconded by Commissioner as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc who moved its adoption. and, upon being put to a vote, the vote was The Chairman thereupon declared the resolution passed and adopted this day of 2020. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Susan Adams, Chairman 162 FPN: 436848-1-54-01 Fund: GRSC, SCOP, SCWR FLAIR Category: 085576 Org Code: 5504 30 10 404 FLAIR Obj: 751000 FPN: Fund: _ Org Code: FPN: Fund: _ Org Code: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: County No:88 Contract No: Vendor No: VF596-000-679-003 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Parry" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority, Insert Funding Program Name, Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in CONSTRUCTION AND CEI (RESURFACING) OF CR-611/45th Streetfrom 58th Ave/CR-613 to 43rd Ave, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department. financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31.2022. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. 163 Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty. (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $9,855,051.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $826.934.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and 164 iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the. Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an' invoice, progress report and supporting documentation for the period of services being billed that are. acceptable to the Department. The Recipient shall use the format for the invoice and progress report that. is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by. the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to' be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the, Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. 165 If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of - this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The, Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. I. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments. due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to' costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the' provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 166 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the, Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. B. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the, efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, 167 construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on 168 Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed, in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required. certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through` the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are: incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement ori Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through 169 STATE -FUNDED GRANT AGREEMENT the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities: State financial. assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department:of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSinaleAudit0dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudaen Iocalgovt(ccDaud.state.fl.us 170 v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid 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 any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 171 f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors; consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits ;set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's 172 Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and. where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the. paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change: to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making 173 of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and' venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, . Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. ' d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into, this Agreement: e. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance "Exhibit C: Engineer's Certification of Compliance 174 Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. 175 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION (Name of RECIPIENT) BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: BOB SOLARI Print Name: STEVEN C. BRAUN, RE, Date: Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller , Deputy Clerk OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: See attached encumbrance form for date of Funding approval by Comptroller. APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Page 14 of 14 I 176 EXHIBIT "A" Page 1 of 1 PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 436848-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of: Transportation and INDIAN RIVER COUNTY (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 1.025 MILES. Begin mile post 0.00 to end mile post 1.025. CR-611/45TH STREET FROM 58TH AVE/CR-613 TO 43RD AVE. PROJECT DESCRIPTION: RESURFACING CR-611/45TH STREET FROM 58TH AVE/CR-613 TO 43RD AVE. The proposed improvement will include the realignment of the existing roadway, including milling existing pavement and pavement markings. 'SPECIAL CONSIDERATIONS BY RECIPIENT: The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by December 31, 2022 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: The DEPARTMENT will hold Construction Notice to Proceed (NTP) until design plans are submitted by the RECIPIENT and approved by the DEPARTMENT. 177 Florida Statues: 334-044(7) EXHIBIT A SCOPE OF WORK 8< DELIVERABLES 45TH STREET/CR-611 FROM 58TH AVENUE/CR-613 TO 43RD AVENUE FM# 436848-1-54-01 This Project will be performed for resurfacing 45TH Street/CR-611 from 581 Avenue/CR-613 to 431 Avenue. The proposed improvements will include the realignment a portion of the existing roadway, including milling existing pavement and pavement markings. 178 EXHIBIT A DELIVERABLES FM# 436848-1-54-01 Item No. I Description Unit Quantity MOT, EROSION CONTROL, LITTER REMOVAL, MOWING, EARTHWORK 101-1 MOBILIZATION / DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-2 PREVENTION, CONTROL, & ABATEMENT OF EROSION & WATER POLLUTION LS 1 104-10-3 SEDIMENT BARRIER LF 15,650 104-11 FLOATING TURBIDITY BARRIER LF 150 104-18 INLET PROTECTION SYSTEM EA 38 110-1-1 CLEARING & GRUBBING LS 1 110-7-1 MAILBOX, F&I EA 21 120-1 REGULAR EXCAVATION CY 5,500 120-4 SUBSOIL EXCAVATION &BACKFILL REPLACEMENT CY 7,200 120-6 EMBANKMENT CY 52,100 160-4 TYPE B STABILIZATION (12" MIN.) SY 37,807 160-4 TYPE B STABILIZATION (8" MIN.) SY 10,903 BASE COURSES 285-706 1 OPTIONAL BASE, BASE GROUP 9,8" MIN., LBR 100 SY 38,292 SURFACE COURSES & CONCRETE PAVEMENT 327-70-1 MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SY 6,685 334-1-53 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C, PG 76-22, SP -12.5 (1%" MIN.) TN 2,937 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE, TRAFFIC C, PG 76-22, FC -9.5 1 (1" MIN.) I TN 2,025 STRUCTURES, DRAINAGE, FOUNDATIONS 400-1-2 CONCRETE CLASS 1, ENDWALLS CY 8.4 425-1-521 INLETS, DITCH BOTTOM TYPE C, <10' EA 1 425-1-551 INLETS, DITCH BOTTOM TYPE E, <10' EA 32 425-1-553 INLETS, DITCH BOTTOM TYPE E, J BOT., <10' EA 4 425-2-61 MANHOLES, P-8, <10' EA 7 425-2-71 MANHOLES, J-7, <10' EA 31 425-2-91 MANHOLES, J-8, <10' EA 7 430-175-118 PIPE CULVERT, ROUND, 18" S/CD (RCP, CL III) LF 2,263 430-175-124 PIPE CULVERT, ROUND, 24" S/CD (RCP, CL III) LF 1,804 179 430-175-130 PIPE CULVERT, ROUND, 30" S/CD (RCP, CL III) LF 314 430-175-136 PIPE CULVERT, ROUND, 36" S/CD (RCP, CL III) LF 141 430-175-154 PIPE CULVERT, ROUND, 54" S/CD (RCP, CL III) LF 119 430-175-248 PIPE CULVERT, ELLIPTICAL, 48" S/CD (RCP, CL III) 'LF 60 430-175-272 PIPE CULVERT, ELLIPTICAL, 72" S/CD (RCP, CL III) LF 6,469 STRUCTURES, DRAINAGE, FOUNDATIONS (CONT.) 430-982-125 MITERED END SECTION, ROUND, 18" CD EA 1 430-982-129 MITERED END SECTION, ROUND, 24" CD EA 1 430-982-133 MITERED END SECTION, ROUND, 30" CD EA 1 430-984-125 MITERED END SECTION, ROUND, 18" SD EA 18 430-984-129 MITERED END SECTION, ROUND, 24" SD EA 7 430-984-133 MITERED END SECTION, ROUND, 30" SD EA 1 430-984-138 MITERED END SECTION, ROUND, 36" SD EA 1 440-1-20 UNDERDRAIN, TYPE II, 2'X2' UNDERDRAIN w/ 8" PERF. PIPE LF 4,458 440-73-3 UNDERDRAIN OUTLET PIPE, 8" LF 720 INCIDENTAL CONSTRUCTION, CURB, SIDEWALK, GUARDRAIL, CRASH CUSHIONS, FENCING, TURF 520-1-10 CONCRETE CURB & GUTTER, TYPE F LF 7,054 522-2 CONCRETE SIDEWALK & DRIVEWAYS, 6" THICK SY 5,010 527-2 DETECTABLE WARNINGS SF 260 530-3-4 RIPRAP-RUBBLE, DITCH LINING, F&I TN 77 570-1-2 PERFORMANCE TURF, SOD (BAHIA) SY 20,700 SIGNING, PAVEMENT MARKINGS, LIGHTING 700-1-11 SINGLE SIGN POST, F& 1, <12 SF AS 69 706-3 RETRO-REFLECTIVE/RAISED PAVEMENT MARKERS, AMBER/AMBER EA 401 706-3 RETRO-REFLECTIVE/RAISED PAVEMENT MARKERS, WHITE/CLEAR EA 75 711-11-121 THERMOPLASTIC, SOLID WHITE, 6" LF 12,709 711-11-123 THERMOPLASTIC, SOLID WHITE, 12" LF 1,420 711-11-125 THERMOPLASTIC, SOLID WHITE, 24" LF 692 711-11-141 THERMOPLASTIC, 2'-4' SKIP WHITE, 6" LF 1,450 711-11-151 THERMOPLASTIC, 6'-10' SKIP WHITE, 6" LF 550 711-11-170 THERMOPLASTIC, TURN ARROWS, WHITE EA 17 711-11-221 THERMOPLASTIC, SOLID YELLOW, 6" LF 12,688 711-11-224 THERMOPLASTIC, SOLID YELLOW, 18" LF 529 711-11-231 THERMOPLASTIC, 10'-30'. SKIP YELLOW, 6" LF 1,905 711-4 THERMOPLASTIC, BICYCLE LANE MARKINGS, WHITE EA 16 180 UTILITIES 1080-14 UTILITY FIXTURE, RELOCATE, WATER METER EA 16 SIGNALIZATION 101-1 MOBILIZATION / DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-2 PREVENTION, CONTROL, & ABATEMENT OF EROSION & WATER POLLUTION LS 1 108-1 CONSTRUCTION LAYOUT/ RECORD DRAWINGS LS 1 110-1-1 CLEARING & GRUBBING LS 1 630-2-11 CONDUIT, F&I, OPEN TRENCH LF 305 630-2-12 CONDUIT, F&I, DIRECTIONAL BORE LF 540 632-7-1 SIGNAL CABLE, NEW INTERSECTION, F&I PI 2 632-7-6 SIGNAL CABLE, REMOVE INTERSECTION) PI 2 633-1-121 FIBER OPTIC CABLE (F&I) (12 STRAND, SINGLE MODE) LF 420 633-2-31 FIBER OPTIC CONNECTION (F&I) (SPLICE) EA 12 633-2-32 FIBER OPTIC CONNECTION (F&I) (TERMINATION) EA 12 633-3-15 FIBER OPTIC CONNECTION HARDWARE (F&I) (PRETERMINATED PATCH PANEL) EA 1 634-4-153 SPAN WIRE ASSEMBLY, F&I, TWO PT, BOX/DROP BOX PI 1 635-2-11 PULL BOX, F&I, 13"X24" EA 26 635-2-12 PULL BOX, F&I, 24"x36" EA 2 635-2-13 PULL BOX, F&I, 30"x60" OR 36" EA 1 639-1-112 ELECTRICAL POWER SERVICE, F&I, OVERHEAD MOUNT, PURCHASED BY CONTRACTER AS 1 639-1-122 ELECTRICAL POWER SERVICE, F&I, UNDERGROUND, PURCHASED BY CONTRACTOR AS 1 639-1-610 ELECTRICAL POWER SERVICE, REMOVE, OVERHEAD AS 2 639-2-1 ELECTRICAL SERVICE WIRE, F&I LS 2 639-3-11 ELECTRICAL SERVICE DISCONNECT, F&I, POLE MOUNTED EA 2 641-2-12 PRESTRESSED CONC. POLE, F &I -DIRECT BURIAL, TYPE P -II SERVICE POLE EA 2 641-2-18 PRESTRESSED CONC. POLE, F &I, TYPE P -VIII EA 4 641-2-80 PRESTRESSED CONC. POLE, COMPLETE POLE REMOVAL EA 4 646-1-11 ALUMINUM SIGNALS POLE, PEDESTAL EA 3 646-1-12 ALUMINUM SIGNALS POLE, PED DETECTION POST EA 5 649-21-03 STEEL MAST ARM ASSEMBLY, F&I, 40' EA 1 649-21-06 STEEL MAST ARM ASSEMBLY, F&I, 50' EA 3 650-1-14 TRAFFIC SIGNAL, F&I, ALUM., 3 -SECTION, 1 -WAY, W/ BACK PLATES AS 4 181 650-1-18 TRAFFIC SIGNAL, F&I, ALUM., 5 -SECTION, STRAIGHT, 1=WAY, W/ BACK PLATES AS 4 650-1-24 TRAFFIC SIGNAL, F&I, POLY. W/ AL, 3 -SECTION AS 4 650-1-29 TRAFFIC SIGNAL, F&I, POLY. W/ AL, 5 -SECTION CLUSTER, 1 -WAY, W/ BACK PLATES AS 4 653-1-11 PEDESTRIAN SIGNAL, F&I, LED -COUNTDOWN, 1 -WAY AS 14 653-1-12 PEDESTRIAN SIGNAL, F&I, LED -COUNTDOWN, 2 -WAY AS 1 660-4-11 VEHICLE DETECTION SYSTEM, VIDEO, CABINET EA 2 660-4-12 VEHICLE DETECTION SYSTEM, VIDEO, ABOVE GROUND . EA 8 663-1-110 SIGNAL PRIORITY & PREEMPTION SYSTEM, F&I, OPTICAL, COMPLETE SYSTEM EA 2 665-1-11 PEDESTRIAN DETECTOR, F&I, POLE/PEDESTAL MOUNTED EA 16 670-5-111 TRAFFIC CONTROLLER ASSEMBLY, F&I, NEMA, 1 PREEMPT AS 2 670-5-600 TRAFFIC CONTROLLER ASSEMBLY, REMOVE CONTROLLER W/ CABINET AS 2 684-1-1 MANAGED FIELD ETHERNET SWITCH, F&I EA 2 685-1-13 UNINTERRUPTIBLE POWER SUPPLY, F&I, LINE INTERACTIVE W/ CABINET EA 2 700-3-201 SIGNAL PANEL, F&I, OVERHEAD MOUNT, <12 SF EA 4 700-5-22 INTERNALLY ILLUMINATED SIGN, F&I, OVERHEAD MOUNT, 12-18 SF EA 4 715-1-11 LIGHTING CONDUCTORS; F&I, INSULATED, No. 10 OR < LF 1,080 715-5-31 LUMINAIRE & BRACKET ARM (ALUM.), F&I, NEW LUMINAIRE ON NEW MAST ARM EA 2 CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Inspector Inspector AIDE Quality Control (QC) Manager Earthwork Construction Inspector Level 1 Earthwork Construction Inspector Level 2 Asphalt Paving Technician Level 1 Asphalt Paving Technician Level 2 182 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT EXHIBIT "B" Page Iof2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 436848-1-54-01 1801 27TH STREET VERO BEACH, FL 32960 1. PHASE OF WORK by Fiscal Year: FY 2019 FY2020 FY2021 TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ j $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 0.00 $ 9,595,771.00 $ 259,280.00 $9,855,051.00 Maximum Department Participation - (SMALL COUNTY % % % % OUTREACH PROGRAM) or $ $ 567,654.00 $ $ 259,280.00 $ or $ 826,934.00 $ Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 9,028,117.00 $ 0.00 $9,028,117.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 9,028,117.00 $ $ 9,028,117.00 Combination In-Kind/Cash $ $ $ $ 0.00 183 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT, EXHIBIT "B" Page 2 of 2 SCHEDULE OF FINANCIAL ASSISTANCE COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C. Corredor District Grant Manager Name Signature Date 184 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % %: % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 ' Ell. TOTAL PROJECT COST: $0.00 $9,595,771.00 $259,280.00 $9,855,051.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C. Corredor District Grant Manager Name Signature Date 184 STATE -FUNDED GRANT AGREEMENT Page 1 of 1 EXHIBIT "C ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION:Construction and CEI (Milling and resurfacing) of 451 Street/CR-611 from 581J' Avenue/CR-613 to 431 Avenue. FPI D#: 436848-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal: of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P.E. Name: Date: 185 Page 1 of 1 EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $826,934.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: httr)s:flapps.fldfs.com/fsaa/searchCataloa.asi)x COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at:' https://apps.fldfs.com/fsaa/`searchComPIiance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/complidnce.aspx 186 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Page 1 of 1 EXHIBIT "E" COUNTY RESOLUTION The County Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement. 187 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY Page 1 of 3 1. Construction on the Department's Right of Way. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the .Department's right-of-way shall be submitted to the Department for review prior to any work being commenced; and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Department Plans Preparation Manual ("PPM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department -managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Katherine Kehres located at 3601 Oleander Avenuen, Fort Pierce, FL 34982. Telephone number 772-429-4889. Email address Katherine.Kehres@dot.state.fl.us. c., The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT"), throughout. the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right-of-way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, 188 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Page 2 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY effect, or performance of this Agreement including, but not limited to, the Recipient's use, occupancy or.possession of Department right-of-way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, Florida Statutes. g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project. The Department shall have the right to perform its own independent testing during the course of the Project. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of :Environmental Protection, Environmental Protection Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. j. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The Recipient shall bear all construction delay costs incurred by the Department. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result fromconstruction operations. m. The acceptance procedure will include a final "walk-through" by Recipient and Department personnel. Upon completion of construction, the Recipient will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the: Project to substantially the same condition that existed immediately prior to the commencement of the Project. n. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Recipient and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If 189 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . 525-010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Page 3 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY the Recipient fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Recipient 's sole cost and expense, without Department liability to the Recipient for any resulting loss or damage to property., including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within thirty (30) days of the date of the invoice. o. The Recipient shall implement best management practices.for erosion and pollution control to prevent violation of state water quality standards. The Recipient shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. P. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should .be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from 9:00 a.m. to 3:30 p.m., (Monday -Friday), unless otherwise approved by the Operations Engineer, or designee. s. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Guillermo Canedo Florida Department of Transportation Public Information Office 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 954-777-4302 Email: guillermo.canedo@dot.state.fl.us Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 190 BOARD OF COUNTY COMMISSIONERS February 7, 2017 Mr. Gerry O'Reilly, District Secretary Florida Department of Transportation- District IV 3400 W. Commercial Boulevard Ft. Lauderdale, FL 33341 Re: FM# 4368481 (Resurfacing of 451h Street, 58th Avenue — US 1) Dear Secretary O'Reilly, i"Z C AZ: I V Z D FEB 16 2011 DIV DIST€ ICT f!r*^rl "^v Included in the 2018/19 and 2019/20 FDOT Work Program is funding for the resurfacing of 45th Street/Martin Luther King Boulevard from 58th Avenue — US 1.. That funding was the result of a successful SCOP grant submitted by the County Public Works Department several years ago. Be advised that in 2014, the County concluded an extensive public outreach process and Gifford Neighborhood Plan update. The primary recommendation from the plan was to construct a Complete Street corridor with landscaping, sidewalk improvements, drainage improvements, and designated bicycle lanes on the..long-neglected 45th Street/Martin Luther King Boulevard corridor. At those workshops, a pressing need expressed by citizens was for roadway drainage improvements, as the adjacent canal and Swale systems present a critical safety hazard to motorists and pedestrians leaving the roadway. The County is committing significant resources to improve the corridor. Based on our research, and based on our conversations with FDOT Staff, drainage treatments within the project limits (including piping the canal immediately adjacent to roadway, bike lane, and proposed sidewalk improvements) are eligible activities under the SCOP program and FDOT staff is willing to work with County staff to amend the SCOP project for this activity as well as resurfacing. -With respect to the adjacent south side canal, the County is inquiring as whether improvements to right-of-way owned by a Section 298 Water Control District, are eligible for SCOP funding. The County will entertain any lease, licensing, or interlocal agreements with said District, as necessary, to qualify the drainage portions of the project for SCOP funding. F:\Communi:ty Development\Users\MPO\Projects\45th\Phase II\Clarification of 45th Street Gifford SCOP Uses.docx 191 Please feel free to contact Phil Matson at (772)226-1455 or me (772)226-1253 if we may provide any additional information. Sincerely, i Stan Boling, �o munity Development Director Indian River County Cc. Stacy Miller, FDOT District IV Phil Matson, Indian River County - MPO Staff Director Richard B. Szpyrka, P.E., Indian River County - Public Works Director F:\Community Development\Users\MPO\Projects\45th\Phase II\Clarification of 45th Street Gifford.sCOP Uses.docx 192 FDOT Florid_ a Department of Transportation RICK SCOTT` 3400 West Commercial Boulevard RACHEL D. CONE GOVERNOR Fort Lauderdale. FL 33309 INTERIM.SECRETARY March 14, 2017 Mr. Stan Boling, Community Development Director Indian River County Administration Building A 1801 27" Street Vero Beach, Florida 32960-.3388 Dear Mr. Boling: SUBJECT: FM4436848-1; Small County Outreach Program Resurfacing of CR -611/45`h Street from 58`h Ave/CR-613 to SR-5/US-I Thank you for your February 7, 2017 letter regarding the above referenced project. Indian River County inquired about Small County Outreach Program (SCOP) funding eligibility to improve right of way owned by a .Section 298 Water Control District. SCOP, as defined in Florida Statute 339.2818, indicates that addressing road -related drainage improvements, resurfacing county roads, or constructing safety improvements are eligible for funding. can consistent ater to to construct into a Joint f!l Currently, the Florida Department of Transportation has no additional SCOP funding available for this .project, so any additional scope would be at the County's expense. The current programming is noted below. FDOT contribution FY20: $1;017,660 FY21: $264,899 FDOT subtotal: $1,281559 County contribution: $427;520 Total $1,710,079 www.fdot.gov 193 Stan Boling March 14, 2017 :Page 2 We look forward to receiving an updated scope and estimate by.April. 20, 2017. Please ensure all elements in the application demonstrate consistency tivith_tlie statute referenced above If,you have any questions or need any clarification, please contact Ms. Sabrina Aubery at (954) 777- 4585 or sabrina.atibety@dot.state.,fl.us. Sincerely, /Gerry O'Reilly, P.E. ; District 4 Secretary LW/ms cc: Phil Matson, Indian River. Cnty., MPO Staff Director Richard B Szpyrka, P.E., Indian River Cnty.; Public Works Director Stacy Miller, FDOT, Director of Transportation Development I' DOTrackcr : 17-01971 194 Chanel, Alia From: 'Chanel; Alia on behalf of OReilly, Gerry Sent: Friday, March 10, 2017.4;37 PM To: D4 -MC,, Peterson, Scott Cc: Mitchell, Tatiana; l.aHue, Ann; Wilson, Evett; Salazar, Claudia Subject: Responsible Charge for March 13-16, 2017 i While l am out of the office Monday, March 13, 2017 through Thursday, March 16, 2017 on annual leave and attending Executive Committee Meetings in Tallahassee, Howard Webb will be in responsible charge and have my signature authority. Please afford Howard your usual cooperation and courtesy. Contact. Alia Chanel at Ext. 4472 if you have any questions regarding documents`that can only be signed by the District Secretary. Gerry. O'Reilly, PE District Four Secretary Florida Department of Transportation Office (954) 777-4411 Ceil ,(954) 214-1915 195 `a 9/ Indian River County, Florida Department of Utility Services Board Memorandum Date: May 4, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Work Order No. 2 With Kimley-Horn for North RO (Hobart) Supervisory Control and Data Acquisition (SCADA) System Upgrades Background: Indian River County Department of Utility. Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The southern portion of Indian River County is served by the South County Reverse Osmosis (SCRO) Water Treatment Plant, which is rated for 8.57 million. gallons per day (mgd). The North County Reverse Osmosis (NCRO) Water Treatment Plant is rated for 11.44 mgd. Both water treatment plants are controlled and monitored by programmable logic controllers (PLC) and computer interfaces (HMI — Human Machine Interface), which make up the SCADA system. The SCADA system is crucial to the operation of the water system and the remote storage and pumping facilities. The current PLC systems at the NCRO and SCRO plants are a mixture of various platforms of Allen- Bradley hardware: PLC=5, MicroLogix (MLX), SLC and the newest ControlLogix (CLX). The assessment evaluation found the existing PLC -5 hardware, which comprises the majority of the hardware at both water plants, to be antiquated. In addition to the corrosion in the panels, hardware replacements would be difficult and costly to acquire because the manufacturing and support of the PLC -5 hardware has been discontinued by the vendor (Allen-Bradley), The evaluation confirmed what the utility plant operators have voiced all along, in that the existing system is slow to respond to commands, has poor communication, and does not allow any scalability for future growth or any changes to plant controls. The hardware is in dire need of replacement before it fails and is inoperable. Analysis: In 2015, Kimley-Horn and Associates (KHA) performed a detailed evaluation of the SCADA system and found that, amongst other components, the control panels at the NCRO plant require attention and/ or replacement. In order to keep the NCRO plant running efficiently, corrective action on the two panels are needed. The recommended work was provided in a prioritized and phased approach to allow improvements to be conducted in a logical. manner. Critical work on the: clear well controls has already been completed. It is time to begin work on the other equipment as part of this phased replacement plan. 196 The KHA Work Order No. 2 is provided in accordance with the Agreement for Professional Services for Water Plant and Water Resources Engineering Services — Request for Quotation (RFQ) 2019070 dated November 5, 2019. The consultant will prepare a site plan depicting the improvements needed for proper phasing. Also included are panel drawings, technical specifications, and bid documents for the replacement and installation of new remote input/out (1/0) and PLC panels. KHA will provide coordination with the county Purchasing Department for bidding the proposed improvements. Funding: Funding for the SCADA upgrades for is available in the Utilities Operating Capital account within the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Other Equipment 471-166002 $35,300 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 2 with Kimley- Horn and Associates, in the amount of $35,300.00, for professional services to include design, bidding and construction phase assistance to upgrade existing Supervisory Control and Data Acquisition (SCADA) System, and authorize the Chairman to execute said work order on their behalf. Attachment: Work Order No 2 with KHA (5 Pages) 197 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ 2019070 WORK ORDER 2 North RO (Hobart) Supervisory Control and Data Acquisition (SCADA) System Upgrades This Work Order Number 1 is entered into as of this _ day of '20_, pursuant to that certain Agreement for Professional Services for Water Plant and Water Resources Engineering Services entered into as of this 5th day of November, 2019 (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 1.5 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: Print Name: Title: By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 198 EXHIBIT #1 Supervisory Control and Data Acquisition (SCADA) System Upgrades at Hobart Reverse Osmosis Water Treatment Plant PROJECT UNDERSTANDING In 2015, an evaluation of the PLC hardware and supervisory computer and data acquisition (SCADA) system was conducted which outlined numerous upgrades and improvements. The purpose of the study was to evaluate the existing outdated SCADA system and provide recommendations for upgrades and an approach with actions for IRCU to implement. The recommended work was provided in a prioritized and phased approach to allow improvements to be conducted in a logical order with minimal impact to the water treatment operations. Some of the recommended upgrades have been made since the evaluation, but there are numerous improvements still needed to address the antiquated communications hardware at the WTP. The following scope outlines the work necessary to update the previous remediation and assessment report for the Hobart (North) water treatment plant SCADA systems based off the work completed to date, provide design phase services for incorporating the proposed upgrades, and integration labor required to program each of the respective upgrades to the remote I/O panels and various other components. SCOPE OF WORK Consultant will utilize the services and provide coordination of Control Systems Design, Inc., and C&W Engineering in the execution of these tasks. TASK 1- TECHNICAL MEMORANDUM Consultant will prepare a brief technical memorandum that summarizes the improvements completed to date and the necessary improvements to be completed for the PLC and SCADA system at Hobart. The report will present conceptual cost estimates for specific improvements. Consultant will develop phasing plan for implementing specific improvements. Where feasible, Consultant will prioritize improvements to allow for work to be performed under multiple construction contracts. This plan will provide the updated version of work to be performed based off the improvements completed to date and recommended in the previous remediation study. 199 TASK 2 - DESIGN IMPROVEMENTS Consultant will prepare bid documents consisting of site plan depicting improvements which are needed for present and future phasing, and panel drawings and specifications for replacement and installation of new Remote 1/0 and PLC panels. Drawings will consist of control panel details, subplate layout, dead front layout, wiring diagrams, and specified PLC and I/O equipment. The drawings will depict modifications to the following Remote I/O panels and PLCs: • On-site High Service Pump Station PLC • RIO - Electrical Room • RIO -2 - South RO Trains • RIO -5 - North RO Trains Consultant will prepare design drawings to replace the existing control configuration for the RO trains Rotork modulating control valves. The proposed design will eliminate the Rotork Pakscan communication network and allow the valves to be controlled with a4-20 mA signal. This improvement will require additional cards within the RIO -2 and RIO -5 panels to accommodate the I/O for the RO train control valves. Consultant will prepare design deliverables at the 90% and 100% design intervals. Design deliverables will consist of plans, specifications with bid item list, and opinion of probable construction costs (OPCC). Consultant will perform one (1) site visit for data collection. TASK 3 - SID PHASE Consultant will provide coordination with IRCU purchasing department for bidding the proposed improvements. The technical memorandum generated in Task 1 and the OPCC's generated during the design phase will be the basis for determining which improvements will be in the base bid and which improvements will be considered an additive alternate. Consultant will attend one (1) pre-bid meeting and respond to reasonable number of questions from potential bidders. SCHEDULE 200 In general, the following schedule is anticipated and consultant will work as expeditiously as possible to meet it: Task 1: 2 - 4 weeks from Notice to Proceed (NTP) Task 2: 10 -12 weeks after NTP Task 3: 1- 2 months after Task 2 (dependent on IRCU bidding) 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: • HMI programming of any water plant operations • Development of front-end specifications for contract documents • Construction phase services ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Access to WTP site • Panel record drawings • Review of design deliverables 201 FEESCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 171', 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 Task Fee Task 1 Update report and Network Diagram $ 5,380 Task 2 Design Phase $ 25,340 Task 3 Bid Phase $ 4,580 TOTAL LUMP SUM FEE $35.300 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: • Design, bid, and construction phase services for improvements 202 f m 0 � E@ 88§ C)@ 2&@ \ \ � 6 k k k : � � � _ 66 Q P . : --� — ' / $ / \�\ \�Gq ? @ / / § § \\ Q / « — — _ kn _ & LLJ .§ u . . 2 --- / — _k_ w 2 % --- ooc 00 c q E O --- \ okc E / ? cq 2 --- — - - - !1!©a Q— / — @ w / ( 0 e E §. \ a 0 c . . j / K 3 ® / § Q 5 \ E k § § r _§ k e _ z _ 2 \/ 1 \ o cr o % ® £ < t oGn 3mm f 9 0 2 § / u \ / / \ 2 7 \ \ z \ u / / 2 a \ § / / \ = alul I I \\\ \ 11 ƒ—~ n m 0 � /3A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 12, 2020 SUBJECT: Resolution Supporting School Board Referendum For 0.5 Mill for School Operational Purposes BACKGROUND. The School Board of Indian River County passed Resolution 2020-09 on April 28, 2020, directing the Indian River County Board of County Commissioners to call an election, at which the electors within the School District may vote on the approval of an additional ad valorem millage of 0.50 mill for school operational purposes for the 2021/2022, 2022/2023, 2023%2024 and 2024/2025 fiscal years. At the May 12, 2020 Indian River County Board of County Commissioners (the "Board') meeting, the Board voted to direct the County Attorney's Office to draft a resolution in support of the proposed millage for school operational purposes, which will provide high-quality educational opportunities for all students, help recruit and retain high-quality educators, create technology -enhanced classrooms, and expand support for school safety and mental health. Per the Board's direction the County Attorney's Office has drafted the attached resolution. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the resolution as presented or as ; amended. ATTACHMENT(S). Proposed Resolution 204 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE SCHOOL BOARD OF INDIAN RIVER COUNTY REFERENDUM TO LEVY 0.5 MILL FOR SCHOOL OPERATIONAL PURPOSES. WHEREAS, on April 28, 2020, the School Board of Indian River County passed. Resolution 2020-09, providing for the holding of a referendum election to determine if the electors of the School District of Indian River County authorize the School Board of Indian River County to annually levy 0.5 mill for four years; and WHEREAS, the 0.50 ad valorem millage for essential operating needs will provide high-quality educational opportunities for all students, help recruit and retain high-quality educators, create technology -enhanced classrooms, and expand support for school safety and mental health, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Indian River County Board of County Commissioners supports the School Board of Indian River County levy of 0.5 mill for school operating purposes, which will provide high-quality educational opportunities for all students, help recruit and retain high-quality educators, create technology -rich classrooms, and expand support for school safety and mental health. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this 19th day of May, 2020. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney By Susan Adams, Chairman. 205 138 MEMORANDUM TO: Board of County Commissioners. FROM: Dylan Reingold, County Attorney DATE: May 13, 2020 SUBJECT: School District Request for Reconsideration of Resolution Calling for Referendum on. November 3, 2020 General Election Ballot BACKGROUND. On April 28, 2020, the School Board of Indian River. County ("School Board") passed Resolution 2020- 09, directing the Indian River County Board of County Commissioners (the "Board") to call an election, at which the electors within the School District may vote on the approval of an additional ad valorem millage of 0.50 mill for school operational purposes for the 2021/2022, 2022/2023, 2023/2024 and 2024/2025 fiscal years. Resolution 2020-09 requested that the referendum be placed on the August 18, 2020 Primary Election ballot. At the May 12, 2020 Board meeting, the Board voted to place the referendum on the November 3, 2020. General Election ballot. At the School Board meeting that evening, the School Board drafted a letter requesting that the Board reconsider the decision to place the matter on the November 3, 2020 General Election ballot. The County Attorney's Office has attached the relevant statutes and legal guidance on the issue. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends that the Board consider the request and decide whether to approve the requested reconsideration. ATTACHMENT(S). School Board Letter Section 1011.73, Florida Statutes Section 1011.71, Florida Statutes School Board of Clay County, Florida v. Clay County Order, dated August 15, 2019 Attorney General Opinion 98-29 206 School District of Indian River County 6500 57th Street • Vero Beach, Florida, 32967 • Telephone: 772-564-3000 • Fax: 772-564-3054 David K. Moore, Ed.D. Superintendent May 13, 2020 Indian River Board of County Commissioners 180127 th Street Vero Beach, FL 32960-3388 To the Honorable Commission Chair and Commission Members, This correspondence is being submitted with the full support of the School Board of Indian River County. On Tuesday, May 12, 2020, the School District of Indian River County presented to the Indian River Board of County Commissioners a Resolution for the continuation of a 0.5 millage to be placed on the August 18, 2020 election ballot. The District acknowledges and is appreciative of the unanimous support that our County Commissioners demonstrated for the continuation of the millage. Certainly, the support of the proposed referendum is a vital action, which assists the District in securing the needed funding for its future operations. At the same time, it is essential that the District provides a formal response to the decision of the Indian River County Commission to place the resolution on the November 2020 ballot, as opposed to the August 18, 2020 date requested by the School District and in alignment with previous County Commission and District past practices. The fiscal impact of this decision cannot be understated, as was clearly identified during the May 12, 2020 Commission meeting. The intent of this correspondence. is to serve as an opportunity to reiterate the statutory requirements and ask for your reconsideration to allow the referendum to be placed on the August 18, 2020 ballot. At the May 12, 2020 meeting, it was shared by Indian River County's Administrator that House Bill 5 "disallows discretionary sales taxes from going on the ballot anytime other than November." This information was shared within the context of the consideration of the placement of the millage referendum on the August versus the November 2020 ballot. The current requested referendum is not a discretionary sales tax, but instead an ad valorem tax millage. Therefore, this requirement within House Bill 5 is not applicable to the District's current request. While we understand your perspective on the sales surtax election, such limitations were not included by the State Legislators in the laws governing ad valorem tax millages,and we do not believe it is appropriate or justified to impose such 'a limitation on the School Board. In addition, during the County Commission meeting, school district staff referenced FS 1011.73(2); which indicates that "The district school board, pursuant to a resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school district may approve an ad valorem tax millage as authorized under s. 1001.71(9)." FS 1011.71(9) provides "a school District may levy, by local referendum or in a general election, additional millage for school operational "Educate and inspire every student to be successful" Dr. Mara Schiff • Jacqueline Rosario • Laura Zorc • Teri Barenborg • Tiffany M. Justice District 1 District 2 District 3 District 4 District 5 "Serving ALL students with excellence" Equal Opportunity Educator and Employer 207 purposes." When read together, these statutes allow the School Board to direct the Commission to place the referendum on the ballot and allow the School Board the discretion of whether the referendum is placed on a local referendum or the general election. We are requesting the County Commission follow the statutes as currently written, without imposing the. discretionary sales tax requirement on the ad valorem tax millage. We are requesting the County Commission hold the election on August 18, 2020. In addition to statutory considerations, the complex nature of educational settings, operations, and budgeting processes were taken into account when developing the District's rationale for the August 2020 election date. A major need identified within the School District is the recruitment and retention of a high-quality, diverse teaching force. The delay of presentation of the millage referendum until November 2020, places the District at a significant disadvantage in the recruitment and retention of new and currently employed teachers prior to the start of the academic year. The uncertainty of the District's anticipated financial situation impedes communication with prospective teacher candidates with reference to projected compensation and incentives, as well as the stability of available positions within the District. Furthermore, District -Union negotiation processes are severely hampered by the delay of the millage referendum date until November 2020. District staff will not be able to engage in initial negotiation processes with our District's Teacher Union until the District has both clear knowledge of whether the referendum is approved by voters and this information is then integrated within existing budgeting processes and strategic planning. The ramifications of a delay of District -Union negotiations include, but are not limited to, significantly restricting incentives to retain high-quality, experienced teachers; increased costs to the District due to teacher turnover; and the lack of ability to initiate multi-year teacher contracts in a timely manner. Beyond the previously identified barriers to effective district operations as a result of the County Commission decision to delay the presentation of the millage referendum to voters, additional barriers have been identified with regard to ensuring the provision of high-quality learning environments to all students to prepare them with the skills needed to be successful and contributing citizens of the 21' Century. In particular, within educational settings and planning processes, a delay of three months in understanding a large organization's budgetary picture results in significantly diminished opportunities and flexibility, as related to District negotiations and establishment of operations -related contracts. Furthermore, a lack. of a clear understanding of potential and significant shifts in budget and funding for the 2021-2022 academic year eliminates opportunities to execute multi-year operations -related contracts resulting in additional, unnecessary costs. As a result, this delay will adversely impact student and staff technology access, ongoing support related to online learning platforms, professional development for teachers, school safety measures, and access to student information systems. The estimated amount to be generated by the millage is approximately $10 million annually or a financial impact of $40 million over the term of the millage. Due to the current global COVID-19 crisis and impact to the global economy, the District must plan for a 10-20% reduction in revenue for the 2021-2022 school year. The District is the largest employer in the county with approximately 2,200 employees. Compassion, grace, and time are required to plan for this level of loss of revenue and potential impact to the lives of the community. Therefore, the referendum on the August ballot affords the District additional time for discussion and planning for the future of our students, staff, and community. In closing, our community as a whole is experiencing unprecedented instability and uncertainty due to the current COVID-19 crisis that has swept our nation. Educational systems serve a key, role in providing a strong foundation and stability for communities. As previously stated, our School District is the largest employer in the county, while also serving almost 18,000 of our community's children. Having the ability to establish a clear idea of future funding with a sense of urgency enables us to continue to serve as a 208 source of ongoing stability for our students, staff, and families. Based upon the negative funding impact of COVID-19, along with the delay in the presentation of the millage referendum during the 2020-2021 academic year, our District will need to begin implementing reductions and budget cuts to mitigate the impact that these anticipated budget cuts, during the 2021-2022 academic year, will have on our students and staff. Further, without knowledge of the continuation -of the millage, the District will have to take a more aggressive approach on those cuts due to an unclear understanding of our funding status. We are requesting the County Commission reconsider its decision at its next meeting to be held on May 19, 2020. We also are requesting:the County Commission ;afford Dr. Moore the opportunity to address this issue at that scheduled meeting. We strongly urge you to present the ad valorem tax millage. to the voters at the election on August 18, 2020. Respectfully Submitted, Laura Zorc, Chair Dr. Mara Schiff, Vice Chair District 3 District 1 Teri L. Barenborg iffa y Justice cqueline Rosario District 4 District 5 District 2 209 Filing # 94261842 E -Filed 08/15/2019 05:54:48 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 10 -2019 -CA -806 DIVISION: F SCHOOL BOARD OF CLAY COUNTY, FLORIDA, Petitioner, VS. CLAY COUNTY, by and through its BOARD OF COUNTY COMMISSIONERS, Respondent. � 1 ' This matter is before the Court upon Petitioner's, School Board of Clay County, Florida ("SBCC") Emergency Petition for Writ of Mandamus (the "Petition"), filed July 19, 2019. The question presented in this lawsuit can be briefly stated: does §212.055(6), Fla. Stat., contain within it a clear and unambiguous legal duty for the Board of County Commissioners (the "Board") to place a sales surtax referendum on the ballot, on an election date chosen solely by the SBCC. The question can also be restated as follows: does §212.055(6), Fla. Stat., contain within in it a clear and unambiguous grant of authority to the SBCC, and to it alone, to select the type and date of an election for its sales surtax referendum, including selecting a date when no election is scheduled to occur. For the reasons contained in the analysis below, the Court must answer both questions in the negative; therefore, mandamus does not lie and the petition must fail. The Court has carefully reviewed the Petition, the Board's written response and the SBCC's written reply. A hearing was conducted on August 9, 2019, and the Court heard argument from counsel, and received into evidence certain exhibits the parties had jointly 210 stipulated to. The pertinent facts necessary to address the Petition are not in dispute. On June 27, 2019, the SBCC adopted a resolution, which it amended on July 8, 2019, (the "Resolution") to levy a one-half cent sales surtax in Clay County for thirty years beginning January 1, 2020. The Resolution was addressed at a county commission meeting on July 9, 2019. After discussion among the commissioners, and after hearing comments from citizens who were present, the Board voted unanimously to decline approval of the Resolution and instead to return it to the SBCC "to refine [it] and put a date for the November 2020 general election." The Petition followed ten days later on July 19, 2019. The Legal Standard for a Writ of Mandamus Mandamus lies to compel a clear legal right when a respondent has failed to perform a clear legal duty, and there are no other available legal remedies. Adams v. State, 560 So.2d 321, 322 (Fla. 1 st DCA 1990). "Mandamus may be used only to enforce a clear and certain right; it may not be used to establish such a right, but only to enforce a right already clearly and certainly established in the law." Milanick v. Town of Beverly Beach, 820 So.2d 317, 320 (Fla. 5th DCA 2001). "Mandamus may be granted only if there is a clear legal obligation to perform a duty in a prescribed manner." Id. Specifically, the act in question must be ministerial. Town of ManalaRan v. Rechler, 674 So.2d 789, 790 (Fla. 4th DCA 1996). "A duty or act is defined as ministerial when there is no room for the exercise of discretion, and the performance being required is directed by law." Rhea v District Board of Trustees of Santa Fe College, 109 So.3d 851, 855 (Fla. 1st DCA 2013). If a respondent must exercise some discretion in carrying out a legal duty, the use of mandamus is precluded. Miami Beach v. Mr. Samuel's Inc., 351 So.2d 719, 720 (Fla. 1977). 2 211 The Statute The statute at issue provides in relevant part as follows: (6) School capital outlay surtax. (a) The school board in each county may levy, pursuant to resolution conditioned to take effect only upon approval by a majority vote of the electors of the county voting in a referendum, a discretionary sales surtax at a rate that may not exceed 0.5 percent. (b) The resolution shall include a statement that provides a brief and general description of the school capital outlay projects to be funded by the surtax. The statement shall conform to the requirements of s. 101.161 and shall be placed on the ballot by the governing body of the county. Section 212.055(6)(a)(b), Fla. Stat. Legal Analysis (a) A Clear Legal Right The SBCC contends the above statutory language grants to it a clear legal right to select the type and date of an election, at its sole discretion, for the purpose of submitting its Resolution to the electors. To determine whether or not this is so, the Court must look to the language of the statute. "One of the most fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning, unless the words are defined in the statute or by the clear intent of the legislature." Green v. State, 604 So.2d 471, 473 (Fla. 1992); Holly v. Auld, 450 So.2d 277, 219 (Fla. 1984). There is nothing in the above-cited text, or in any other portion of the statute, that expressly grants to a school board the authority the SBCC claims it possesses. Such express language simply does not exist in the statute. Counsel for the SBCC acknowledged this fact at 3 212 the hearing. The SBCC argues instead that the authority (or the "legal right" to use the mandamus standard) to select the type and date of the election is implied. SBCC's argument is that because it is granted a clear legal right to levy a sales surtax, it necessarily follows that it has the right to determine the amount of the tax, the duration of the tax, and the effective date of the tax. Because the SBCC chose, in its sole policy-making authority that a sales surtax was necessary, and chose an effective date of January 1, 2020, it necessarily follows that an election must occur before that date. Therefore, the SBCC argues, it has an implied legal right to call for a fall 2019 special election. The SBCC is correct in that, generally, an authorization of an act also authorizes any necessary predicate acts to accomplish the act authorized. This legal principle is of ancient vintage. In 1789, Sir Henry Finch wrote that "[w]here the king is to have mines, the law giveth him the power to dig in the land."' The concept is also old and enduring in Florida law. In 1888, the Florida Supreme Court recognized that "[w]henever a power is given by statute, everything necessary to the effectual execution of the power is given by implication." State ex rel. Smith et all. v. Burbrid eg et al, 24 Fla. 112, 126 (Fla. 1888). In 2009, the Second District similarly held that "[a] statutory grant of power or right carries with it by implication everything necessary to carry out the power or right and make it effectual and complete." Brock v. Board of County Com'rs of Collier County, 21 So.3d 844, 847 (Fla. 2d DCA 2009) citing Deltona Corp. v. Fla. Pub. Serv. Comm'n, 220 So.2d 905, 907 (Fla. 1969). To determine whether a school board has the implied authority to compel that a special election be held on a particular date, solely to meet its chosen effective date, the Court must Reading Law: The Interpretation of Legal Texts, Antonin Scalia & Bryan Garner, p. 192 (2012). 4 213 examine the overall purpose of the statute. Coca-Cola Co., Food Division, Polk County v. State of Florida, Department of Citrus, 406 So.2d 1079,1082 (Fla. 1982)(finding that in order to determine whether the commission had the implied authority to require declarations of origin on citrus, an examination of the relevant code was necessary to determine its purpose and the duties it placed on the commission). The purpose of § 212.055(6), Fla. Stat. can be easily gleaned from simply reading it. The Florida Legislature granted to the local school boards the authority to levy a discretionary sales surtax for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and any land acquisitions, land improvement, design and engineering costs related thereto. In order for this surtax to go into effect, the school board must draft a resolution, in conformity with § 101.161, Fla. Stat., and have it placed before the electors, for approval, in a referendum. The governing body of the county (in this case the Board), not the school board, is tasked with placing the resolution on the referendum ballot. The Court finds that it is not necessary or essential for the effectual execution of the power granted by the statute that a school board have unilateral control over the type and date of the election. While a school board may want complete control over when the resolution goes onto a ballot, it is not necessary or essential for them to have that control in order for them to complete the task of levying a sales surtax. Certainly the purpose behind the statute is not defeated by understanding the statute in this way. In fact, the statute is completely silent on the question of when or what type of an election should occur. In a fair and reasonable reading of paragraph 6(a) of the statute, where the authority to levy the surtax is granted, all that the words convey is how the tax goes into effect, not when the tax goes into effect. No language in the 5 214 statute addresses the timing of an election or even the type of an election. This Court should not "fill in the gaps" in an attempt to determine what the Legislature would have wanted or even what it should have wanted when it drafted the legislation. See Villanueva v. State, 700 So. 3d 47, 52 (Fla. 2016)(citing the well-established rule that courts are not at liberty to add to a statute words that the legislature did not use in drafting the statute, the principle known as casus omissus pro omisso habendus est or "nothing is to be added to what the text states or reasonably implies."). "In other words, a matter that is not covered by a statute is to be treated as intentionally not covered." Id. Furthermore, this Court is resolving the issue pursuant to a petition for a writ of mandamus. To be entitled to mandamus relief, the petitioner must demonstrate it has a "clear legal right to the performance of the particular action sought ...." Adams, supra, at 322. "Clear" is defined as "obvious; beyond a reasonable doubt; perspicuous; plain." Black's Law Dictionary, Abridged Fifth Edition (1983). It is certainly not obvious that the SBCC, by implication, was granted this legal right. Therefore, the SBCC is not entitled to mandamus relief. (b) A Clear Legal Duty The parties spent much of their argument, in both the pleadings and at the hearing, on whether the Board had a clear legal duty to place the resolution on the ballot at a special election this year. Their focus was on paragraph 6(b) of the statute and in particular the language: "... and shall be placed on the ballot by the governing body of the county." While the case can be resolved for the reasons set forth above, in an abundance of caution, the Court will address this issue as well. Counsel for the Board correctly acknowledged at the hearing that the word "shall" must be given its customary and ordinary meaning in interpreting the statute. Thus, "shall" 0 215 means mandatory and not discretionary. The Board does have a clear legal duty to place the Resolution on the ballot; a local governing body cannot simply ignore a school board's request and refuse to place a resolution on the ballot. Two questions arise: what election, and does the Board have 'any discretion in selecting the date of that election. In answering these questions, the Court must again consider that principle of statutory construction which provides that when a grant of authority is given by the Legislature all that is necessary to carry out that authority is implied. In 1998, the Attorney General issued an advisory opinion that directly addressed the question at issue here. The Attorney General answered the question succinctly: As the Legislature has imposed on the board of county commissioners the responsibility of placing the issue on the ballot, it appears that the county commission would set the date of the referendum. The county, however, should work together with the school board to determine a date that is amendable to both governmental entities. [s]ection 212.055(7), Florida Statutes, merely provides that the governing body of the county is responsible for placing the resolution on the ballot. It is a responsibility that cannot be avoided. However, the statute is silent regarding which election must include the referendum question, but rather imposes on the board of county commissioners, as the governing body of the county, the duty and responsibility of placing the issue on the ballot. Op. Att'y Gen. Fla. 98-29 (1998). The Court recognizes that an Attorney General opinion is not law and is not binding on the Court. However, Attorney General opinions are entitled to great weight in construing the law of Florida. Browning v. Fla. Prosecuting Attys. Ass'n, 56 So.3d 873 (Fla. 1st DCA 2011); Beverly v. Division of Beverage of Department of Business Regulation, 282 So.2d 657 (Fla. 1st 7 216 DCA 1973). This Court does find that the Attorney General's 1998 opinion is persuasive, and that the Attorney'General correctly interpreted the statute at issue. It is also noteworthy that in other statutes involving district school boards, the Legislature has granted to them the authority to directly place referendums on the ballot or to select the election it wants. In § 1001.34, Fla. Stat., a statute involving membership on the school board, the statute provides in relevant part: "[i]f the resolution is adopted, the district school board shall submit to the electors for approval at a referendum held at the next primary or general election the question ...." Similarly, in § 1001.362, Fla. Stat., the relevant portion provides [t]he district school board may adopt a formal resolution directing an election to be held to place the proposition on the ballot." Finally, in § 1001.461 (2), Fla. Stat., the statute at issue when the parties were last before the CourtZ, the Legislature expressly gave to a school board the authority to select the election: "[t]o submit the proposition to the electors, the district school board by formal resolution shall request an election that shall be at a general election or statewide primary or special election." The corresponding legal duty assigned to .the county commissioners was likewise clearly expressed: "[t]he board of county commissioners, upon such timely request from the district school board, shall cause to be placed on the ballot at such election the proposition to make the office of district school superintendent appointive." z School Board of Clay County, Florida v. Clay County, by and through its Board of County Commissioners, Case No. 2014 -CA -983 (Fla. 4th Cir. Ct. 2014). In this case, the Court issued a writ of mandamus because the clear and unambiguous language in § 1001.461 entitled Petitioner to that relief. 8 217 The clear conclusion from the above examples is that when the Legislature wants to grant to the district school boards the authority to directly place a resolution on the ballot, it says so. When the Legislature wants to grant to the district school boards the authority to select the type of election for its resolution, it says so. And when the Legislature wants to grant to some other governmental entity the duty of placing a school board resolution on the ballot, it says so. In the statute at issue here, for whatever reason, the Legislature did not say the district school boards have the authority to either select an election, or to place one directly on a ballot. What the Legislature did say is that the county commissioners have the duty of placing the resolution on the ballot. See Moonlight Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996) (citing to the principle of statutory construction, expressio unius est exclusio alterius, the expression of one thing implies the exclusion of others.). The Board, thus, has some discretion in selecting the date of an election. The presence of discretion in fulfilling a legal duty is dispositive to a petition for mandamus relief. See Miami Beach v. Mr. Samuels. Inc., supra, at 722 (holding that because the representatives of the city had some discretion in determining whether or not to grant a conditional use application, mandamus did not lie). Accordingly, for this additional reason, the SBCC is not entitled to relief. While the issue has been resolved, the Court would address a concern raised by the SBCC. The SBCC's counsel argued at the hearing that to grant to the Board any discretion to select an election date, such discretion would soon lead the parties sliding down the proverbial slippery slope, with county commissioners delaying for years placing a resolution on a ballot. This would not be permitted. The discretion the county commissioners possess must be 2 218 understood in the context of the entire statute. The local district school boards have the sole authority to levy the sales surtax. This grant of authority ultimately derives from the authority granted by Article IX, Section 4(b) of the Constitution of the State of Florida, which directs that "district school boards shall operate, control, and supervise all free public schools in their respective districts ...." With this policy-making authority, comes the discretion to decide whether to levy a sales surtax. Any attempt by a county commission to undermine or usurp that authority, through unnecessary delay in setting a resolution on a ballot, would constitute an abuse of its discretion. Where to draw the line, the crossing of which a county commission would abuse its discretion, the Court need not decide. In this case, the Board has stated, through its individual commissioners at the July 9, 2019, public meeting, and through its counsel at the hearing, that it intends to place the Resolution on the ballot at the next general election, in November 2020. The Board's stated reasons for doing so are not unreasonable, and therefore do not constitute an abuse of discretion. Lastly, in addition to the Board's position that it has discretion to select the date of the election, it points to purported infirmities in the Resolution and that such flaws preclude the SBCC from the issuance of a writ. Specifically, the Board contends that a resolution which fails to comply with the mandates of § 212.055(6) should not be placed on the ballot, and that the Board should not be required to place such a resolution on the ballot. In light of the Court's finding that mandamus does not lie, the Court declines to address this additional argument. 10 219 In view of the above, it is ORDERED AND ADJUDGED: 1. The Emergency Petition for Writ of Mandamus is DENIED. 2. Petitioner's request for an award of attorney's fees is DENIED. DONE AND ORDERED in Chambers at Green Cove Springs, Clay County, Florida this (� day of August, 2019. Copies furnished to: Jon C. Moyle, Jr., Esquire Moyle Law Firm, P.A. 118 North Gadsden Street Tallahassee, FL 32301 imoyle@moylelaw.com Courtney Grimm, Esquire Clay County Board of County Commissioners Post Office Box 1366 Green Cove Springs, FL 32043-1366 Courtney.grimm a;claycounty og v.com 11 STEVEN B. WHITTINGTON Circuit Judge: 220 1011.73 District millage elections. (1) MILLAGE AUTHORIZED NOT TO EXCEED 2 YEARS.—The district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school districts may approve an ad valorem tax millage as authorized in s. 9, Art. VII of the State Constitution. Such election may be held at any time, except that not more than one such election shall be held during any 12 -month period. Any millage so authorized shall be levied for a period not in excess of 2 years or until changed by another millage election, whichever is the earlier. In the event any such election is invalidated by a court of competent jurisdiction, such invalidated election shall be considered not to have been held. (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school district may approve an ad valorem tax millage as authorized under s. 1011.71(9). Such election may be held at any time, except that not more than one such election shall be held during any 12 -month period. Any millage so authorized shall be levied for a period not in excess of 4 years or until changed by another millage election, whichever is earlier. If any such election is invalidated by a court of competent jurisdiction, such invalidated election shall be considered not to have been held. (3) HOLDING ELECTIONS.—All school district millage elections shall be held and conducted in the manner prescribed by law for holding general elections, except as provided in this chapter. (4) FORM OF BALLOT.— (a) The district school board may propose a single millage or two millages, with one for operating expenses and another for a local capital improvement reserve fund. When two millage figures are proposed, each millage must be voted on separately. (b) The district school board shall provide the wording of the substance of the measure and the ballot title in the resolution calling for the election. The wording of the ballot must conform to the provisions of s. 101.161. (5) QUALIFICATION OF ELECTORS. —All qualified electors of the school district are entitled to vote in the election to set the school tax district millage levy. (6) RESULTS OF ELECTION.—When the district school board proposes one tax levy for operating expenses and another for the local capital improvement reserve fund, the results shall be considered separately. The tax levy shall be levied only in case a majority of the electors participating in the election vote in favor of the proposed special millage. (7) EXPENSES OF ELECTION.—The cost of the publication of the notice of the election and all expenses of the election in the school district shall be paid by the district school board. History.—s. 666, ch. 2002-387; s. 5, ch. 2007-194; s. 12, ch. 2008-142; s. 130, ch. 2010-5; s. 31, ch. 2010-154. 221 1011.71 District school tax. - 1(1) If the district school taxis not provided in the General Appropriations Actor the substantive bill implementing the General Appropriations Act, each district school board desiring to participate in the state allocation of funds for current operation as prescribed by s. 1011.62(19) shall levy on the taxable value for school purposes of the district, exclusive of millage voted under s. 9(b) or s. 12, Art. VII of the State Constitution, a millage rate not to exceed the amount certified by the commissioner as the minimum millage rate necessary to provide the district required local effort for the current year, pursuant to s. 1011.62(4)(a)1. In addition to the required local effort millage levy, each district school board may levy a nonvoted current operating discretionary millage. The Legislature shall prescribe annually in the appropriations act the maximum amount of millage a district may levy. Z(2) In addition to the maximum millage levy as provided in subsection (1), each school board may levy not more than 1.5 mills against the taxable value for school purposes for charter schools pursuant to s. 1013.62(1) and (3) and for district schools to fund: 1(a) New construction, remodeling projects, sites and site improvement or expansion to new sites, existing sites, auxiliary facilities, athletic facilities, or ancillary facilities. (b) Maintenance, renovation, and repair of existing school plants or of leased facilities to correct deficiencies pursuant to s. 1013.15(2). (c) The purchase, lease -purchase, or lease of school buses. (d) The purchase, lease -purchase, or lease of new and replacement equipment; computer and device hardware and operating system software necessary for gaining access to or enhancing the use of electronic and digital instructional content and resources; and enterprise resource software applications that are classified as capital assets in accordance with definitions of the Governmental Accounting Standards Board, have a useful life of at least 5 years, and are used to support districtwide administration or state -mandated reporting requirements. Enterprise resource software may be acquired by annual license fees, maintenance fees, or lease agreements. (e) Payments for educational facilities and sites due under a lease -purchase agreement entered into by a district school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate, an amount equal to three-fourths of the proceeds from the millage levied by a district school board pursuant to this subsection. The three-fourths limit is waived for lease -purchase agreements entered into before June 30, 2009, by a district school board pursuant to this paragraph. If payments under lease -purchase agreements in the aggregate, including lease -purchase agreements entered into before June 30, 2009, exceed three-fourths of the proceeds from the millage levied pursuant to this subsection, the district school board may not withhold the administrative fees authorized by s. 1002.33(20) from any charter school operating in the school district. (f) Payment of loans approved pursuant to ss. 1011.14 and 1011.15. 222 (g) Payment of costs directly related to complying with state and federal environmental statutes, rules, and regulations governing school facilities. (h) Payment of costs of leasing relocatable educational facilities, of renting or leasing educational facilities and sites pursuant to s. 1013.15(2), or of renting or leasing buildings or space within existing buildings pursuant to s. 1013.15(4). (i) Payment of the cost of school buses when a school district contracts with a private entity to provide student transportation services if the district meets the requirements of this paragraph. 1. The district's contract must require that the private entity purchase, lease -purchase, or lease, and operate and maintain, one or more school buses of a specific type and size that meet the requirements of s. 1006.25. 2. Each such school bus must be used for the daily transportation of public school students in the manner required by the school district. 3. Annual payment for each such school bus may not exceed 10 percent of the purchase price of the state pool bid. 4. The proposed expenditure'of the funds for this purpose must have been included in the district school board's notice of proposed tax for school capital outlay as provided in s. 200.065(10). (j) Payment of the cost of the opening day collection for the library media center of anew school. (3) Notwithstanding subsection (2), if the revenue from 1.5 mills is insufficient to meet the payments due under a lease -purchase agreement entered into before June 30, 2009, by a district school board pursuant to paragraph (2)(e), or to meet other critical district fixed capital outlay needs, the board, in addition to the 1.5 mills, may levy up to 0.25 mills for fixed capital outlay in lieu of levying an equivalent amount of the discretionary mills for operations as provided in the General Appropriations Act. Millage levied pursuant to this subsection is subject to the provisions of s. 200.065 and, combined with the 1.5 mills authorized in subsection (2), may not exceed 1.75 mills. If the district chooses to use up to 0.25 mills for fixed capital outlay, the compression adjustment pursuant to s. 1011.62(5) shall be calculated for the standard discretionary millage that is not eligible for transfer to capital outlay. (4) If the revenue from the millage authorized in subsection (2) is insufficient to make payments due under a lease -purchase agreement entered into prior to June 30, 2008, by a district school board pursuant to paragraph (2)(e), an amount up to 0.5 mills of the taxable value for school purposes within the school district shall be legally available for such payments, notwithstanding other restrictions on the use of such revenues imposed by law. (5) A school district may expend, subject to s. 200.065, up to $150 per unweighted full-time equivalent student from the revenue generated by the millage levy authorized by subsection (2) to fund, in addition to expenditures authorized in paragraphs (2)(a) -(j), expenses for the following: (a) The purchase, lease -purchase, or lease of driver's education vehicles; motor vehicles used for the maintenance or operation of plants and equipment; security vehicles; or vehicles used in storing or distributing materials and equipment. 223 (b) Payment of the cost of premiums, as defined ins. 627.403, for property and casualty insurance necessary to insure school district educational and ancillary plants. As used in this paragraph, casualty insurance has the same meaning as in s. 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that are made available through the payment of property and casualty insurance premiums from revenues generated under this subsection may be expended only for nonrecurring operational expenditures of the school district. (6) Violations of the expenditure provisions in subsection (2) or subsection (5) shall result in an equal dollar reduction in the Florida Education Finance Program (FEFP) funds for the violating district in the fiscal year following the audit citation. (7) These taxes shall be certified, assessed, and collected as prescribed in s. 1011.04 and shall be expended as provided by law. (8) Nothing in s. 1011.62(4)(a)1. shall in any way be construed to increase the maximum school millage levies as provided for in subsection (1). 3(9) In addition to the maximum millage levied under this section and the General Appropriations Act, a school district may levy, by local referendum or in a general election, additional millage for school operational purposes up to an amount that, when combined with nonvoted millage levied under this section, does not exceed the 10 -mill limit established in s. 9(b), Art. VII of the State. Constitution. Any such levy shall be for a maximum of 4 years and shall be counted as part of the 10 -mill limit established in s. 9(b), Art. VII of the State Constitution. For the purpose of distributing taxes collected pursuant to this subsection, the term "school operational purposes" includes charter schools sponsored by a school district. Millage elections conducted under the authority granted pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage do not become a part of the calculation of the Florida Education Finance Program total potential funds in 2001-2002 or any subsequent year and must not be incorporated in the calculation of any hold -harmless or other component of the Florida Education Finance Program formula in any year. If an increase in required local effort, when added to existing millage levied under the 10 -mill limit, would result in a combined millage in excess of the 10 -mill limit, any millage levied pursuant to this subsection shall be considered to be required local effort to the extent that the district millage would otherwise exceed the 10 -mill limit. Funds levied under this subsection shall be shared with charter schools based on each charter school's proportionate share of the district's total unweighted full-time equivalent student enrollment and used in a manner consistent with the purposes of the levy. The referendum must contain an explanation of the distribution methodology consistent with the requirements of this subsection. History. -s. 28, ch. 2002-296; s. 663, ch. 2002-387; ss. 17, 18, ch. 2003-399; s. 1, ch. 2004-346; s. 7, ch. 2006-27; s. 54, ch. 2006-74; s. 9, ch. 2006-190; s. 178, ch. 2007-5; s. 4, ch. 2007-59; s. 4, ch. 2007-194; ss. 7, 33, ch. 2007-321; ss. 4, 5, ch. 2007-328; ss. 6, 7, ch. 2008-2; ss. 10, 11, ch. 2008-142; ss. 1, 2, ch. 2008-213; ss. 12, 13, ch. 2009-3; s. 33, ch. 2009-59; s. 129, ch. 2010-5; s. 30, ch. 2010-154; s. 36, ch. 2011-55; s. 98, ch. 2012-5; s. 17, ch. 2012-133; s. 88, ch. 2014-39; s. 28, ch. 2014-56; ss. 8, 9, ch. 2015-222; ss. 22, 23, 126, ch. 2016-62; s. 29, ch. 2016-237; s. 29, ch. 2017-116; s. 32, ch. 2018-6; s. 110, ch. 2018-110; s. 53, ch. 2018-118; s. 131, ch. 2019-3; s. 17, ch. 2019-4; s. 16, ch. 2019-23; s. 16, ch. 2019-42. 1Note.-Section 24, ch. 2019-23, provides that: 224 "(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering the provisions of this act relating to the Hope Scholarship Program and Florida Tax Credit Scholarship Program. "(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. "(3) This section shall take effect upon this act becoming a law and shall expire January 1, 2022." 2Note.—Section 49,. ch. 2018-6, provides that: "(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering the provisions of this act. "(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. "(3) This section shall take effect upon this act becoming a law and shall expire January 1, 2022." Mote.—Section 17, ch. 2019-42, provides that "[t]he provisions of this act relating to s. 1011.71, Florida Statutes, amending the use of certain voted discretionary operating millages levied by school districts, apply to such levies authorized by a vote of the electors on or after July 1, 2019." Copyright © 1995-2020 The Florida Legislature • Privacy Statement • Contact Us 225 Florida Attorney. General Advisory Legal Opinion Number: AGO 98-29 Date: April 8, 1998 Subject: School sale surtax referendum, authority to set date Ms. Karen O. Gaffney Hernando County School Board 452 Pleasant Grove Road Inverness, Florida 34452 Mr. -Robert Bruce Snow Hernando County Attorney 20 North Main Street, Room 462 Brooksville, Florida 34601 Re: SCHOOLS--COUNTIES--TAXATION--ELECTION--setting date of school sales surtax referendum. s. 212.055(7), Fla. Stat. Dear Ms. Gaffney and Mr. Snow: On behalf of the Hernando County School Board and the Hernando ' Board of County Commissioners, respectively, you ask the following question: Where a school board has elected to levy a sales surtax subject to voter approval pursuant to section 212.055(7), Florida Statutes, does the school board or the governing body of the county have the authority to determine the date for a referendum? In sum: As the Legislature has imposed on the board of county commissioners the responsibility of placing the issue on the ` ballot, it appears that the county commission would set the date for the referendum. The county, however, should work together with the school board to determine a date that is amenable to both governmental entities. Section 212.055(7), Florida Statutes, authorizes the school . board of each county to levy a discretionary sales surtax at a rate not to exceed 0..5 percent. The levy must be made pursuant 226 to a school board resolution that is conditioned to take effect only upon approval by a majority vote of those county electors who vote in a referendum on the matter. In addition, the resolution must "set forth a plan for use of the surtax proceeds for fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses which have a useful life expectancy of 5 or more years, and any land acquisition, land improvement, design, and engineering costs related thereto.11[1] Neither the proceeds of the surtax nor any accrued interest may be used for operational expenses. If the sales surtax is approved by the electorate, it is effective "on the first day of any month, as fixed by the resolution adopted pursuant to paragraph (a), but may not take effect until at least 60 days after the date of approval by the electors of the res olution[.]"[2] According to your letter, the Hernando County School Board wishes to levy a school capital outlay surtax pursuant to section 212.055(7), Florida Statutes. An issue, however, has arisen regarding the respective authority and responsibility of the school board and the board of county commissioners. The school board, which wishes to place the issue on the ballot during the September primary, contends that it has the authority to establish the date of the referendum. The county commissioners, however, wish to have the issue placed on the November general election ballot. While acknowledging that it is obligated to place such a referendum on the ballot, the county commission argues that it has the authority to determine the date of the referendum. Subsection (b) of section 212.055(7) provides in part: "The resolution shall include a statement that provides a brief and general description of the school capital outlay projects to be funded by the surtax. The statement shall conform to the requirements of s. 101.161 and shall be placed on the ballot by the governing body of the county. . . (e.s.) In In re Advisory Opinion to the Governor,[3] the Supreme Court of Florida considered whether the Governor, who had the authority to call a special election, also had the authority to fix the date of that election. The Court responded by stating that inasmuch as the statute made it the Governor's clear 227 mandatory duty to call a first primary election, it also imposed upon him the duty of fixing in his call the date of such primary election. Florida courts have recognized that those officers responsible for setting the date of a special election may exercise some discretion in setting such dates.[4] An examination of the legislative history surrounding the amendment of section 212.055, Florida Statutes, to authorize school districts to levy an optional sales surtax failed to reveal the intent of the Legislature on this issue.[5] Unlike other statutes that clearly authorize a school district to call a referendum or to direct the county commission to call such an election,[6] section 212.055(7), Florida Statutes, merely provides that the governing body of the county is responsible for placing the resolution on the ballot. It is a responsibility that cannot be avoided.[7] However, the statute is silent regarding which election must include the referendum question, but rather imposes on the board of county commissioners, as the governing body of the county, the duty and responsibility of placing the issue on the ballot. It is a general rule of statutory construction that where the statute imposes a duty upon a public officer, it also confers by implication such powers as are necessary for the due and efficient exercise of those powers.[8] Inasmuch as the Legislature has imposed the responsibility on the board of county commissioners to place the issue of the discretionary sales surtax on the ballot and absent legislative or judicial clarification, I am of the opinion that the board of county commissioners sets the date for the referendum. It should be recognized, however, that it is the school board, not the county, seeking to impose the surcharge and, accordingly, the board of county commissioners should work together with the school board to determine a date that is amenable to that governmental entity. Moreover, in light of the controversy that this issue appears to have engendered, you may wish to seek judicial or legislative clarification. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 228 [1] Section 212.055(7)(d), Fla. Stat. [2] Section 212.055(7)(c), Fla. Stat. [3] 60 So. 2d 285 (Fla. 1952). [4] Cf. Senior Citizens Protective League, Inc. v. McNayr, 132 So. 2d 237, 239 (Fla. 3d DCA 1961) (Within the permissible 60 - day period prescribed by the time limitation, the Board of County Commissioners, in their discretion as the legislative body of the county, may set such election which may not be interfered with by the courts without a showing of fraud, corruption, gross abuse of discretion, etc.). [5] See Senate Staff Analysis and Economic Impact Statement on SB 562, dated March 20, 1995. [6] See, e.g., s. 236.39, Fla. Stat., authorizing the school board to order that an election be held in the district to approve bonds; s. 236.31, Fla. Stat., authorizing the school board to direct the county commission to call an ad valorem tax millage election. [7] See Florida Tallow Corporation v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970) (The word "shall" when used in statute has, according to normal usage, a mandatory connotation). Cf. Anderson v. Town of Largo, 169 So. 2d 481 (Fla. 1964) (if officials do refuse to call an election, a court under its general equity powers can direct compliance with the legislative mandate); Williams v. Keyes, 186 So. 250 (Fla. 1938). [8] See, e.g., In re Advisory Opinion to the Governor, 60 So. 2d 285 (Fla. 1952); State ex rel. Martin v. Michell, 188 So. 2d 684 (Fla. 4th DCA 1966), cert. discharged, 192 So. 2d 281 (Fla. 1966); Peters v. Hansen, 157 So. 2d 103 (Fla. 2d DCA 1963). 229 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 10, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Leachate Pilot Study Results and Final Payment to the Indian River Eco -District and Geosyntec Descriptions and Conditions: On February 19, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 4 to Geosyntec Consultants, Inc. (Geosyntec) to provide Class I Landfill professional services for the Feasibility of Landfill Liquids Management Options, not to exceed the amount of $30,989. On July 16, 2019, the SWDD Board approved staff recommendation to further evaluate Thermal Evaporation Technology as a potential solution for leachate treatment via a pilot study. This decision was based on the results of a Focused Feasiblity Evaluation of Landfill Leachate prepared by Geosyntec, which recommended that SWDD pursue a pilot study using the Heartland Concentrator' provided by Heartland Water Technology, Inc (Heartland) technology. On November 19, 2019, the SWDD Board approved staff recommendations to waive the requirements for bids and to approvethe proposal bythe Indian River Eco -District, LLC (IRED) forthe Leachate Pilot Study using a 1,000 gallon per day pilot unit provided by Heartland. The approval to [RED was for a total cost estimate, including 3rd party expenses, of $46,375. This includes the IRED/Heartland Price Component (five-day pilot effort) of $20,900 and additional 3rd party expenses estimated at approximately $25,475. Also, on November 19, 2019, the SWDD Board approved Amendment No. 1 to Work Order No. 4 to Geosyntec in the amount of $19,975 to provide engineering services related to performing an independent evaluation of the pilot study. This increased the total approval for Work Order No. 4 to $50,964. The 5 -day Leachate Pilot Study was performed by IRED/Heartland during the week of January 27, 2020 through January 31, 2020. Staff received an invoice from IRED/Heartland for $30,916.67 for 2/3 of the work performed, and this invoice has been paid. Staff also received a final report from IRED/Heartland including a final invoice for $18,669.96, which includes $3,211.63 in additional third party expenses. The total project cost from IRED/Heartland is $49,586.63. Geosyntec provided a site visit during the pilot test and has provided a final summary report and technical memorandum of their independent evaluation of the leachate pilot study. Geosyntec has also submitted a final project letter and invoice of $1,824.18. 230 Overall, the leachate pilot test was successful in demonstrating the thermal evaporation of leachate with key summary below in the analysis section. Staff is requesting SWDD Board direction on the next steps for this project. Analysis: As provided by [RED/Heartland in their final report and verified by Geosyntec in their independent evaluation, the leachate pilot study can be summarized as follows as compared to the Key Performance Indicators: 1. Target Volume Reduction (>93%) - The pilot study results demonstrated that a volume reduction of >98% was achieved using site-specific leachate. According to IRED/Heartland, the commercial design basis should consider a 92-98% reduction with an actual expectation of 96-98% volume reduction. A total of 5,000 gallons of landfill leachate was processed during the pilot study and approximately 87 gallons of concentrated residuals were generated during the pilot study. Require Minimal Maintenance / Downtime - The pilot system was operational for a total of approximately 95 hours over the five=day trial period. According to IRED/Heartland, not accounting for, the generator downtime, the system was operating 99% of the time. 3. System Operating Expenses — Chemical Consumption Efficiency — The pilot system used both antiscalent and antifoam / defoamer in the process. Minimal foam was observed during the pilot and no indication of scale accumulation was present. Binding of Residual/Passing of Paint Filter Test & TCLP Analysis — Staff from the Indian River County Department of Utility Services (IRCDUS) performed all the pre- and post -sampling field activities, with chemical analyses performed by PACE Analytical Laboratories. Laboratory analytical results indicated that the mulch -stabilized residuals passed both the Paint Filter Liquids Test as well as the Toxicity Characteristics Leachate Procedure (TCLP) criteria to be classified as non -hazardous and could potentially be landfilled in a Class I solid waste landfill in Florida. Overall, IRED/Heartland provided a successful demonstration of the Heartland Concentratorrm. In terms of providing any projections of capital and operating costs for a full scale unit to treat SWDD's leachate, IRED/Heartland requested better understanding of the next procurement steps prior to providing such items in writing. Geosyntec in their technical memorandum did identify various permits that would be required for a full- scale, project and reiterated their previous total capital projections of $2.06 million and an annual operation and maintenance cost of $175,200, which equates to about $0.06 per gallon over a 10 -year period for the processing of 20,000 gallons per day of leachate. The two challenges identified by Geosyntec include the available heat source and the characterization of the concentrated residuals. The most optimal heat source would be to utilize landfill gas, which to process 20,000 gallons per day requires 315 standard cubic feet per minute (SCFM) of landfill gas at 50% methane concentration. SWDD has, through an approved landfill gas agreement with IRED, committed all of our landfill gas for the production of electricity or renewable natural gas (RNG) with an allowance to divert 225 SCFM for leachate treatment. However, there is language in the agreement that would allow us to request 231 additional gas for leachate treatment. Alternatively, SWDD would need to purchase natural gas from Florida City Gas. The concern with the concentrated residuals identified by Geosyntec has to do with the analytical results showing that the concentrated leachate, prior to being solidified with mulch, triggered toxicity characteristic hazardous waste levels for arsenic and chromium. Further discussion with regulatory agencies may be warranted depending on the approach for a final full-scale system. The following is a summary of the total cost for the Leachate Pilot Study: Vendor Costs IRED/Heartland $49,586.63 Geosyntec (not including feasibilty study) $19,975.00 Pace Laboratories $1,624.00 Total = $71,185.63 The primary reason that staff has pursued the evaluation and treatment of the Landfill Leachate is that three constituents of Arsenic, Total Dissolved Solids and Total Nitrogen in the leachate exceed the local Industrial Pre -Treatment Standards which could potentially impact the National Pollutant Discharge Elimination System (NPDES) permit of the West Regional Wastewater Treatment Plant. Parameter Regulatory Limit March 2019 Results January 2020 Results Arsenic 70 µg/L 323 µg/L 505 µg/L Total Dissolved Solids 1,200 mg/L 9,000 mg/L 10,100 mg/L Total Nitrogen 40 mg/L 1,300 mg/L 1,260 mg/L Next Steps: Staff and Geosyntec recommend the following options: Option 1: A. IRC and SWDD should negotiate with IRED to obtain a proposal for a short-term and long-term treatment of leachate either on the landfill property or on the IRED property. The purpose is to get a clear answer of a narrow cost range for accepting and managing leachate from the IRC Landfill to facilitate comparison with range of costs presented in Geosyntec's July 3, 2019, memorandum. A short-term solution maybe more expensive; however, it would expedite the treatment of the leachate. Staff has budgeted $50,000 per month in the proposed next Fiscal Year 20/21 Budget for such treatment. A long-term solution maybe more cost-effective as this would provide a cost range to include an "all -in" per gallon price that considers management of 20,000 gallons per day (gpd) of leachate over 10 years, including the ultimate disposal of the stabilized residuals. (As stated above, 232 Geosyntec estimated total capital projections of $2.06 million and an annual operation and maintenance cost of $175,200, both costs expected to be borne by the Contractor, which equates to about $0.06 per gallon over a 10 -year period for the processing of 20,000 gpd of leachate.) B. Heartland and IRED should provide significant assurance in the form of an approved permit or conceptual approval letter from the Florida Department of Environmental Protection (FDEP) that the evaporation process is a "complete process that consists of processing from raw leachate to stabilized residual for disposal" and therefore can be disposed at a Class I landfill in Florida; or C. Heartland should provide examples, including reference contact information, of similar off-site facilities that leachate from Class I municipal solid waste (MSW) landfills have been processed, and the resulting stabilized residual sent back to the same MSW landfill for disposal. Option 2: IRC and SWDD should issue a Request for Proposals (RFP) to invite vendors to propose leachate treatment of 20,000 gpd using Evaporation Technology either on the SWDD property or an off- site property using landfill gas or an alternative heat source. If a vendor proposes to build a device off-site, then they should demonstrate the regulatory and permitting approvals for leachate treatment and residual disposal at a Class I landfill in Florida. Funding: Funding for this work is budgeted and available in the Other Professional Services account number 41121734-033190, which is funded from SWDD assessments and user fees. Firm Description Account Number Amount Geosyntec Other Professional Services 41121734-033190 $ 1,824.18 Indian River EcoDistrict Other Professional Services 41121734-033190 $18,669.96 Please note, if a short-term solution is pursued with IRED, a budget amendment would be required this current 2019/20 Fiscal Year as the cost of leachate treatment is not budgeted. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve the final payment to Geosyntec in the amount of $1,824.18; b) Approve the final payment to the Indian River Eco -District, LLC (IRED) in the amount of $18,669.96, which includes the approval of additional third party expenses in the amount of $3,211.63. SWDD staff offers the following options for Board approval: a) Waive bid requirements and direct staff to further negotiate with IRED/Heartland on a short-term or long-term leachate treatment project for SWDD Board review at a future meeting, or; 233 b) Direct staff to issue a Request for Proposals for a leachate treatment of 20,000 gallons per day using Evaporation Technology either on the SWDD property or an off-site property using landfill gas or an alternative heat source. Attachments: 1. Geosyntec Summary Letter (Due to the voluminous nature, the Geosyntec Technical Memorandum which includes IRED/Heartland Report is available upon request in the BCC office or in the Utilities office in County Administration Building A.) 2. Final Invoice from Geosyntec 3. Final Invoice from Indian River Eco -District, LLC 234 GeosyntecD consultants 5 May 2020 Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Transmittal Letter Evaluation of Heartland Leachate Evaporator Pilot Study Indian River County Landfill Facility ' Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit the attached Technical Memorandum titled "Evaluation of Heartland Leachate Evaporator Pilot Study, Indian River County Landfill " to Indian River County (IRC), Solid Waste Disposal District (SWDD). Geosyntec was retained by SWDD to conduct an independent evaluation of a pilot study using thermal evaporation technology for the management of leachate from the IRC Landfill (IRCL or the Landfill) in Vero Beach, Indian River County, Florida. The pilot study was performed by Heartland Water Technology, Inc. (Heartland) in cooperation with the Indian River Eco District, LLC [IRED] under a separate award by SWDD. The scope of the independent review of the pilot study results was to evaluate, the following technical issues: (i) whether sufficient landfill gas (UG) or another source of heat/energy was available to handle the IRCL leachate volumes; (ii) confirm whether volume reductions of 90% or greater could be achieved under site-specific conditions; (iii) evaluate the need to further process the residuals to pass the Paint Filter Liquids Test and Toxicity Characteristics Leaching Procedure (TCLP) requirements for disposal of these residuals at a solid waste landfill; and (v) re- evaluate/update the final system costs, originally developed by Geosyntec and presented in a technical memorandum dated 3 July 2019. On -Site Pilot Setup and Operation Prior to initiating the pilot study, Geosyntec confirmed with the Florida Department of Environmental Protection (FDEP) that no special or additional permits, including potential air permits; .were required to conduct this on-site pilot study. Heartland mobilized their trailer - mounted pilot system to the IRCL and arrived at the Landfill on 24. January 2020. System set-up and commissioning started on that day and continued through 26 January 2020, with the actual pilot study commencing on Monday, 27 January 2020. 235 The pilot trial was operational between 27 January and 31 January. 2020, with additional testing and trial conclusion performed on 3 February 2020. The Heartland crew demobilized from the IRCL facility on 4 February 2020, and the pilot trailer was picked up from the site on 6 February 2020. Geosvntec Site Visit Geosyntec, represented by Drs. Kwasi Badu-Tweneboah, P.E., and Herwig Goldemund, conducted a site visit at the beginning of the pilot trial during the afternoon of 27 January and the morning of 28 January 2020. Heartland's onsite crew, including Rick Boughner, Michael Grossman and Eric Johnson, introduced Geosyntec to the pilot trial setup and provided an overview of the evaporation process. Overall, Geosyntec got a good overview of the process and the Heartland crew was very knowledgeable and willing to answer any questions that Geosyntec had regarding the process. Pilot Study Results The following results can be summarized from the Heartland's Final Report for the pilot study: • the pilot system was operational for a total of approximately 95 hours over the five-day trial period; • a total of 5,000 gallons of landfill leachate was processed during the pilot study; • approximately 87 gallons of concentrated residuals were generated during the pilot study; and • >98% cumulative volume reduction: was achieved during the pilot trial. At the beginning of the pilot study, a representative of Indian River County Department of Utilities Services (IRCDUS) collected a sample of the raw leachate feeding into the pilot system. At the end of the pilot trial, a sample of the concentrated residuals was collected from the residual tote and analyzed for the same parameters as the raw influent sample. The samples were submitted to Pace Analytical Services, LLC (Pace Analytical) in Ormond Beach, FL, for chemical analysis. Following the conclusion of the pilot study, the approximately 87 gallons of concentrated residuals were stabilized -with mulch available from an on-site (IRED) source. A sample of the "raw" mulch was also collected and submitted to Pace Analytical for TCLP testing prior to mixing with the concentrated residuals. The results of the analytical tests are discussed and included in the Technical Memorandum. 236 Evaluation of Pilot Study Results Against Key Performance Indicators Volume Reduction (>93%) — The pilot study results demonstrated that a volume reduction of >98% was possible using site-specific leachate. Required Maintenance /Downtime — Over the five-day trial period, the system was operating 99% of the time. System Operating Expense — Antiscalent and antifoam additives were used during the pilot study to successfully minimize scale and foam formation. . Paint Filter Liquids Test and TCLP Criteria of Bound Residuals — Laboratory analytical results indicated that the mulch -stabilized residuals passed both the Paint Filter Liquids Test as well as the TCLP criteria to be classified as non -hazardous and could potentially be landfilled in a Class I solid waste landfill in Florida. Characterization of Concentrated Residuals — Chemical characterization of concentrated residuals that were not stabilized with mulch triggered toxicity characteristic hazardous waste (HW) levels for the constituents arsenic and chromium. Its noted that IRED/Heartland maintain that their "complete process consists of processing from raw leachate to stabilized residual for disposal.", and, as such, the intermediate stage of the concentrated residuals shouldn't be an issue from a regulatory and permitting.points of view according to Heartland. Heat/Energy Source — The pilot study did not address the issue of the heat/energy source to be used during a potential full-scale evaporation system implementation on IRED property adjacent to the IRCL. According to Heartland's April 2019 proposal included in Geosyntec's 3 July 2019 memorandum, the evaporation of 20,000 gpd of leachate requires 315 scfm of LFG (50% methane). Ultimate Management of Stabilized Residuals — Based on the results obtained during the pilot study, the stabilized residuals could be disposed in a Class I landfill in Florida (e.g., IRCL) as long as the full-scale evaporator is on the landfill property. Otherwise, appropriate permits may need to be obtained from the FDEP if the full-scale evaporator is located off-site. Permitting considerations are discussed further below. Reevaluation of Costs — Geosyntec provided an in-depth evaluation of leachate treatment/management costs utilizing thermal evaporation and on-site treatment (combination of a membrane bioreactor [MBR] and reverse osmosis [RO]) in the 3 July 2019 memorandum. Based on this evaluation, Geosyntec calculated a total capital cost of approximately $2.06 million and an annual operation and maintenance (O&M) cost of $175,200 for the Heartland evaporator, which equates to about $0.06/gal over a 10 -year period for the evaporation of 20,000 gpd of leachate. These costs assumed that the evaporator unit would be built on the IRCL property and therefore 237 excluded two significant cost items: (i) a source of heat/energy (which was assumed to be LFG available. at the Landfill); and (ii) residuals management (as it was assumed that un -stabilized residuals could be recirculated back into the Landfill as "leachate"). While the pilot study did not provide additional information that would materially change the previously calculated leachate management/treatment costs (as most of these cost estimates were provided by Heartland), the previously excluded items of heat/energy source and residuals management could materially change the overall costs. Evaluation of Permitting Implications Air Permitting — Air permitting will need to -be discussed with the FDEP Division of Air Resource Management (DARM). At a minimum, an application for both Title V Air Construction and Operation permits from DARM would be required. Geosyntec does not believe that this air ; permitting effort would pose an unsurmountable obstacle to the project. Solid Waste Permitting and ERP Requirements —If an evaporator was proposed to be constructed and operated off --site, a solid waste permit as a waste processing facility will likely be required to address treatment of the leachate and management of the residuals. Therefore, it is suggested that solid waste permitting requirements be discussed with FDEP Tallahassee. SWDD will have to modify its solid waste operation permit, and specifically the Operations :Plan, to include management of its leachate at an off-site facility and/or the acceptance and disposal of stabilized residuals from the evaporation process. The construction of the evaporator facility off-site may also require an environmental resource permit (ERP) depending on whether or not existing stormwater management facilities can be used for the evaporator. Construction Permitting — Routine construction permitting will be required to develop an evaporator unit off-site. This includes construction and building permits required by local (e.g., IRC Engineering Department) and state agencies. There are no construction permitting implications for the IRCL or the SWDD for LFG since the LFG delivery infrastructure is already in place. Conclusions The IRED/Heartiand Leachate Pilot Test was successful in demonstrating greater than 93% volume reduction and confirming with laboratory results that the residuals from the on-site treatment can be disposed in the IRC Landfill as they .passed both the Paint Filter Test and the TCLP tests. 238 Recommendations Geosyntec recommends the following: Option 1 • IRC and SWDD should negotiate with Heartland and IRED to get a clear answer of a narrow cost range for accepting and managing leachate from the IRCL to facilitate comparison with range of costs presented in Geosyntec's 3 July 2019 memorandum; this cost range should include an "all -in" per gallon price that considers management of 20,000 gpd of leachate over 10 years, including the ultimate disposal of the stabilized residuals. • Heartland and IRED should provide significant assurance in the form of an approved permit or conceptual approval letter from FDEP that the evaporation process is a "complete process that consists of processing from raw leachate to stabilized residual for disposal" and therefore can be disposed at a Class I landfill in Florida; or • Heartland should provide examples, including reference contact information, of similar off-site facilities that leachate from Class I municipal solid waste (MSW) landfills have been evaporated and the resulting stabilized residual sent back to the same MSW landfill for disposal. Option 2• • IRC and SWDD should issue a Request for Proposals (RFP) to invite vendors to propose leachate treatment of 20,000 gpd using Evaporation Technology either on the IRCL property or an off-site property using LFG or an alternative heat source. If a vendor proposes to build on an off-site property, then they should demonstrate the regulatory and permitting approvals for leachate treatment and residual disposal at a Class I landfill in Florida. 239 Closure Geosyntec appreciates this opportunity to offer our services. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Herwig Goldemund, Ph.D., Senior Scientist Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Attachment — Technical Memorandum 240 I ATTACHMENT Technical Memorandum 241 Gepsynteccl' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.geosyntec.com 11 May 2020 Subject: Project Management Completion Report and Transmittal of Invoice No. 401011 IRC —Evaluation of Landfill Liquids Management Options Amendment 1 to IRC Work Authorization No. CCNA-2018 Work Order No. 4 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion. report for Geosyntec Project No. FL3551A — Evaluation of a Pilot Study of Using Evaporation Technology for Leachate Management for the Indian River County Landfill Facility. This project was completed under Amendment 1 to IRC Work Order No. CCNA2018 Work Order No. 4 authorized on November 19, 2019, pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 401011, dated 11 May 2020. SCOPE OF WORK The scope of work authorized under Amendment 1 to Work Order No. CCNA2018 Work Order No. 4 was divided into four phases: (i) general consulting/meeting support/project management; (ii) pilot study coordination and site visit; (iii) evaluation of pilot study results; and (iv) preparation of a technical memorandum. The following is a phase by phase summary of the work that Geosyntec performed under this Work Order. engineers I scientists I innovators 242 Mr. Himanshu H. Mehta, P.E. 11 May 2020 Page 2 Phase 1.— General Consulting/Meeting Support/Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD and. IRC Department. of Utility Services (IRCDUS); invoice review and preparation; project coordination; and project administration. Phase 2 — Pilot Study Coordination and Site Visit Under this phase, Geosyntec coordinated with SWDD, IRCDUS, Indian River Eco -District, LLC (IRED), and Heartland Water Technology, Inc. (Heartland) to conduct the pilot study on the IRC Landfill property. Geosyntec also contacted the Florida Department of Environmental Protection (FDEP) Solid Waste Section and Division of Air Resource Management (DARM) to obtain the permits (or approvals) to conduct the pilot study. Geosyntec also coordinated with SWDD and/or IRED/Heartland for the sampling of leachate and final (concentrated and stabilized) residuals from the evaporation for testing by an approved testing laboratory. Geosyntec, represented by Drs. Kwasi Badu-Tweneboah, P.E., and Herwig Goldemund, conducted a site visit at the beginning of the pilot trial during the afternoon of 27 January and the morning of 28 January 2020.. Phase 3 — Evaluation of Pilot Study Results Under this phase, Geosyntec evaluated the results of the plot study to: (i) assess the LFG or heat energy requirements to evaporate the Landfill leachate; (ii) effectiveness of the evaporation system to confirm the percent volume reduction; (iii) the need to further process the residuals to pass the Paint Filter Liquids Test and TCLP requirements for disposal at the IRCL facility or another off-site facility and its cost implications; and (iv) re-evaluate final system costs. Geosyntec participated in two teleconferences: (i) one with SWDD and IRCDUS; and (ii) the other with SWDD<.IRCDUS, IRED, and Heartland to discuss the results and their impalcations. Phase 4 - Response to Regulatory Comments Under this phase, Geosyntec prepared a technical memorandum as the deliverable for the above scope .of work. A draft memorandum was first issued to SWDD and IRCDUS for review. Geosyntec subsequently addressed comments from SWDD and IRCDUS in a final report submitted to SWDD on 5 May 2020. engineers; I scientists I innovators 243 Mr. Himanshu H. Mehta, P.E. 11 May 2020 Page 2 BUDGET The approved budget for Amendment 1 to Work Order No. CCNA2014 Work Order No. 4 was for a lump sum amount of $19,975.00. The total invoiced amount, including the final invoice is $19,975.00. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 450-4259. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure: Invoice No. 441011 engineers I scientists I innovators 244 GeosyntecO' COI1SUItantS Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 Fx 904 858.1818 FAX 904 396,1143 www.geosyntec.com 11 May 2020 Subject: Project Management Report and Transmittal of Invoice No. 401011 IRC Evaluation of a Pilot Study of Using Evaporation Technology for Leachate Management Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) prepared this project management report to address the professional services for the Evaluation of a Pilot Study of Using Evaporation Technology for Leachate Management at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 30 April 2020. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL3551A: Evaluation of a Pilot Study of Using Evaporation Technology for Leachate Management — Indian River County Landfill Facility (Amendment 1 to IRC Work Authorization No. CCNA-2018 Work Order No. 4) Budget Overview Invoice No. 401011 (enclosed) dated 11 May 2020 for $1,824.18 is the 5th and final invoice for Project No. FL3551A. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $19,975.00 Invoiced Amount: $19,975.00 Remaining Budget $0.00 FL3551A-01\FL3551A JL20029 engineers I scientists I innovators 245 Geosyntec is within the budget appropriated for this project. WORK COMPLETED TO DATE The tasks performed under this invoice include review of draft comments and preparation of final third -party evaluation report (i.e., memo) and transmittal of summary letter; correspondence with SWDD/IRCUD; and project administration, including project management. WORK: REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($1,824.18) is associated with review of draft comments and preparation of final 3`d -party evaluation report; and project management including invoicing. • Other expenses are associated with communications fee are built into the lump sum amount above. ONGOING WORK Geosyntec provided a final technical memorandum (memo) and transmittal letter to SWDD on 5 May 2020. Geosyntec has completed work under this Work Order and is awaiting to hear from SWDD on the next steps. RECOMMENDED ACTIONS None engineers I scientists I innovators 246 Mr. Himanshu H. Mehta, P.E. 11 May 2020 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.450.4259. Sincerely,. Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure — Invoice No. 401011 FL3551A-01\FL3551A JL20029 engineers I scientists I innovators 247 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 3551A IRC — Evaluation of a Pilot Study of Using Evaporation Technology for Leachate Management :Geosyntec Project Number/IRC.Work Invoice No. Invoice Date Amount Authorization Number 390503 01/15/2020 $265.30 392561 02/07/2020 $4,238.48 FL3551A/Amendment 1 to CCNA2018-WORK ORDERNo.4 395456 03/11/2020 $606.18 399090 04/17/2020 $13,040.86 401011 05/11/2020 $1,824.18 TOTAL $19,975.00 FL3551A-01\FL3551A JL20029 248 Geosyntec",o"' PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway Suite 200 consultants Boca Raton, Florida 33487-27-2 775 USA Tel (561) 995-0900 Fax (561) 995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Invoice # : 401011 Project: FL3551A Invoice Date: 5/11/2020 Attention: HIMANSHU MENTA, P.E. For Professional Services Rendered through transaction date: 4/30/2020 Project Name: PILOT STUDY EVALUATION IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU'-TWENEBOAH AT 904-858-1818 CCNA2018 AMENDMENT 1 TO WO #4 % Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 01) PROJECT MGMT/MEETINGS 2,653.00 100.00 1,989.75 663.25 2,653.00 o Previously Total Invoiced Phase Fee Complete Billed To Date , 02) PILOT STUDY COORD & SITE VISIT 4,261.00 100.00 4,261.00 4,261.00 o Previously Total Invoiced Phase Fee Complete Billed To Date' 03) EVALUATION OF PILOT STUDY RESUL 6,232.00 100.00 6,232.00 6,232.00 % Previously Amount DueTotal Invoiced Phase Fee Complete Billed This Invoice To Date 04) TECHNICAL MEMORANDUM 6,829.00 100.00 5,668.07 1,160.93 6,829.00 249 Paid To Date $5,109.96 **Amount Due This Invoice** $1,824.18 250 Total Contract Fee $19,975.00 Total % Complete To Date 100.00,% Total Fee Earned To Date $19,975.00 Less Previous Billings $18,150.82 Total This Invoice $1,824.18 **Amount Due this Invoice** $1,824.18 Statement Prior Billings $18,150.82 Project Budget $19,975.00 Current Invoice $1,824.18 Billed to Date $19,975.00 Billed To Date (Includes Retainage) $19,975.00 Contract Balance $0.00 Paid To Date $5,109.96 **Amount Due This Invoice** $1,824.18 250 lndiau Ricer Eco District Indian River Eco District, LLC 925 74th Ave SW Vero Beach, FL. 32968 To: Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, FI. 32960 772-567-8000 Invoice I I Date: MaY 11, 2020 Invoice M 1102 Customer ID: IRC-LeachatePilot Location Job Payment Terms Due Date IRC -Landfill. Leachate Treatment Pilot Due upon receipt Qtv Description Unit Price Linp Total 1/3 IRED/Heartland 5 Day Pilot Effort $ 6,966.66 1/3 Remaining Balance of Estimated Out -Of -Pocket Expenses for Pilot* $ 8,491.67 *estimated out-of-pocket expenses = $25,475; $16,983.33 previously. invoiced 1 Change Order -Additional Expenses Incurred $ 3,211.63 Subtotal $ 18,669.96 Total $ 18,669.96 251 T m O m CL .. C m an m O rr+ m, A rt CL W, m O H rt m A O rt f+ i m r+ C. n r+ m 0 r+ CL 0) fD n 0 C e -t ami tl-/ O O VUi N O ' T m O m CL .. C m an m O rr+ m, A rt CL W, m O H rt m A O rt f+ i m r+ C. n r+ m 0 r+ CL 0) fD n 0 C e -t ami tl-/ A T Gallons per Day y, p rv~i o in' o g o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o �a O r�rr� G Q CD Gq Q v V1 r a A � � n O n � 0-q :3 O �_ N fD Q, C - (A O -h — -O CD � O n X r -r OL) fD r..t. 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O -+ _v (l} (D 3 �' v 0 O e -F O W G � � v (D =3 =r (D C• w 3 Om c cOn' =3f+ 0 r+ ? p O a) O r* F" N + °rv° Q_ a0i O =3 S m O Q m r -r m �G (D 671'// Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 11, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared by: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Landfill Gas to Energy Project - Approval for Indian River EcoDistrict's request to Change Commencement Date Descriptions and Conditions: On July 16, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved an agreement with the Indian River Eco -District, LLC (IRED) for a Landfill Gas (LFG) to Energy Project, wherein they purchase the LFG for producing electricity and/or Renewable Natural Gas (RNG). The initial term of the LFG agreement is for 20 years following the LFG commencement date, and there are two consecutive 10 -year renewal terms included in the agreement The LFG Commencement Date was one year from the effective date of the agreement, which is one year from July 16, 2019, or July 15, 2020. Otherwise, SWDD can issue a written notice to IRED electing to terminate the agreement within six months unless Force Majeure events, or the acts or omission of SWDD, allow for a cure. If IRED is able to commence within the six months, then the agreement does not terminate. IRED has submitted a request for an extension of the LFG commencement date from July 15, 2020, to September 30, 2021, based on their desire to pursue a RNG project. Analysis: The primary support for entering into a long-term (potentially up to 40 years) agreement with IRED was that, compared to the current practice of flaring the landfill gas, it was more beneficial for the health, safety and welfare of the citizens of Indian River County that we either produce electricity or RNG from the landfill gas. During contract negotiations, staff was persistent in making sure that the agreement included the option for a RNG project as that provided more financial opportunity to SWDD than just a gas -to -electricity project. Therefore, staff is supportive of IRED's request to pursue a RNG project. Although staff did not anticipate a 14 -month delay in the project, the complexities associated with a RNG project have added time to the process, and ultimately the overall successful outcome of this project continues to be a benefit to SWDD and our community. 252 Staff recommends approval of IRED's request for an extension to the commencement date based on negotiation of a revised agreement, which will need to be brought back to the SWDD Board for approval at a future meeting. Staff is proposing that Article 6.7 of the agreement that references 225 standard cubic feet per minute (SCFM) for use by. SWDD for the processing of leachate be increased to 350 SUM based on technical advice from consulting engineers. In addition, staff is proposing that Article 13.1 be modified to only allow three months as the cure period for any further delay in the commencement date (i.e., cure on or before December 31, 2021). Funding: At this time, there are no funding implications for this Landfill Gas to Energy Project. Recommendation: Solid Waste Disposal District staff offers the following options for Board approval: a) Approve the request by the Indian River Eco -District, LLC to change the commencement date from July 15, 2020, to September 30, 2021. b) Authorize the County Attorney to prepare an amendment to the Landfill Gas Agreement to include the change in commencement date, the request to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date. Attachments: 1. Letter from the Indian River Eco -District, LLC 253 IBJ May 12, 2020 Indian, River County 1801 27th Street Vero Beach, FL 32960 Attn: Vincent Burke Director of Utility Services Re: Indian River Eco -District Landfill Gas Contract Dear Vincent, Per the Landfill Gas ("LFG") Contract between Indian River County ("County") and the Indian River Eco District ("IRED") executed July 16th, 2019, per Article 13, Section 13.1 of the LFG contract, IRED is requesting approval to delay the LFG Commencement Date of the Landfill Gas project. IRED hereby requests a change in the LFG Commencement Date, from July 16th, 2020 to September 30th, 2021, based on several factors: • Delays due to COVID-19 — IRED's ability to process the LFG project's engineering, permits, etc. has been significantly delayed due to our and our service providers ability to travel, visit the site, etc. • Proposed Change, from power generation to to Renewable Natural Gas f"RNG") — IRED has further investigated the technical viability as well as the social, environmental, regional and economic benefits between an LFG to Power project versus an LFG to RNG project, and wishes to officially convert the project to an LFG to RNG project. As you will recall, from the outset of our project efforts, IRED and the County Administration team have always intended to include RNG production.as an option for the LFG contract. In fact, the County LFG contract includes separate and distinct compensation scenarios in the case whereby the project development team elected to go in the direction of an RNG project. As part of our analysis, IRED has investigated the social, environmental, regional and economic benefits of the originally planned. LFG to Power project, versus an LFG to RNG project. Although we are still refining our technical engineering designs and associated financial plans, it has become clear to IRED that the LFG to RNG project represents a substantially better. alternative for IRED as well as for the County. From a solely economic perspective, IRED expects that the County would likely realize over three to four times the annual royalties from an 254 RNG project, as compared to the royalties projected from the LFG to Power project previously envisioned at the IRED site. The IRED team and its engineering partners are confident of the technical viability of the project, but require additional time to complete the technical design efforts, sign RNG gas off -take agreements, select equipment suppliers and deploy the construction. IRED has partnered with a highly experienced engineering firm, Nexus PMG, to complete the technical and market feasibility report for the project, as well as provide the engineering design services with the intent of having the engineering design of the RNG facility completed by June 1St, 2020. IRED has already reviewed the preliminary report content, and due to the overwhelming benefit(s) of the RNG project, IRED is electing to notify the County Administration team as far in advance as possible in hopes of promptly gaining approval of the newly proposed LFG Commencement Date that would be required in order for IRED to proceed with this path. The requested modification to the commencement date will provide IRED with enough time to convert the LFG site designs to support an RNG project, complete discussions with counter- parties. to secure an RNG off -take agreement, negotiate and structure all equipment contracts and commence construction. We thank you for considering this extension and look forward to discussing any questions or comments the County may have regarding IRED's request. Sincerely, rNON-4-11UO:.h�=1 Alain J. Castro Managing Partner Indian River Eco District 925 74th Ave. SW Vero Beach, FL 32968 Tel: +1-312-767-7723 email: acastro@irecodistrict.com www.irecodistrict.com Indian River Eco District 925 74th Ave. SW, Vero Beach, FL 32968 www. irecodistrict. com 255 / 13 3 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 11, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Indian River County Landfill Gas Expansion — Work Order No. 2 to CDM Smith, Inc. Descriptions and Conditions: On June 6, 2017, the Solid Waste Disposal District (SWDD) Board authorized negotiations with the top ranked firm, CDM Smith, Inc. (CDM Smith), in accordance with Florida Statutes (FS) 287.055, Consultant's Competitive Negotiation Act, per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction. The Board approved the contract agreement with CDM Smith on July 18, 2017. Staff requested a proposal from CDM Smith to provide professional engineering services for the proposed expansion of the landfill gas collection system (Project). The existing Segment 3; Cell 1 is nearing full capacity based on the practical approach to filling the cell from the top. There is additional capacity in the cell that will be filled during the filling of the new Segment 3, Cell 2. However, there are no gas wells in Segment 3, Cell 1 and no specific plans for the installation of gas wells in Segment 3, Cell 2 as it begins to fill. This project will be completed in multiple phases. Phase I includes final design, drawings, specifications and Opinion of Probable Construction Cost as well as permitting/regulatory agency support and bidding assistance. Phase II will include engineering services during construction. This agenda item requests authorization to CDM Smith to initiate Phase 1 of the Project under Work Order No. 2. Analysis:. CDM Smith has prepared Indian River County (IRC) Landfill Work Order No. 2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for the project. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The table below shows the expected completion date and their estimated fees. 256 TASK DESCRIPTION. AMOUNT Engineering Services Task 1— Project Quality Management $26,990 Task 2 — Meetings and Data Collection $13,935 Phase Task 3 — Final Design, Drawings, Specifications, and Opinion of Probable Construction Cost Estimate $96,180 1 Task 4 — Permitting Assistance $24,375 Task 5 — Bidding Assistance $18,330 Total Work Order (Lump Sum Amount) $179,810 Task 6 —Additional Engineering Services (Not To Exceed) $20,000 $199,810 The costs above are consistent with what SWDD has paid historically for these services. Please note, the current proposed Phase 1 and the future Phase 2 work for the expansion of the landfill gas system does not include any optimization analysis or infrastructure upgrades of our blower system or the automation of the control panel system. This additional work will need to be evaluated and performed in order to maximize the reliability of the quantity and quality of gas that is provided to IRED. Since the Indian River County Landfill has a voluntary gas collection system, the installation of landfill gas wells have generally. occurred during the closure of landfill gas cells. Our primary reason for gas collection is to minimize odors, reduce the potential for fires and protect the environment by capturing and flaring the gas as carbon dioxide rather than pure methane, which is 22 times more harmful as a greenhouse gas. Per guidance from CDM Smith in April 2018, the landfill gas expansion into Segment 3 Cell 1 and Segment 3 Cell 2 was contemplated as part of the closure work for these areas along with the construction of Segment 3 Cell 4 several years in the future. However, once SWDD entered into a Landfill Gas Agreement with the Indian River Eco -District, LLC in July 2019, it became more prudent to expedite just the gas portion of the work as to maximize the flow and quality for the development of a potential landfill gas to electricity or a landfill gas to Renewable Natural Gas (RNG) project. Funding: Funding for this work is budgeted and available in the Engineering Services account number (41121734- 033130), which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT NO. AMOUNT Engineering Services 41121734-033130 $199,810 Staff has recommended a landfill gas expansion capital improvement project of $2.5 million in the upcoming Fiscal Year (FY) 20/21 budget. If approved, the expense for.these engineering costs will be moved to the project expense. Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: 257 a) Approve Indian River County Landfill Work Order No. 2 with CDM Smith Inc. in the amount of $199,810 to. provide engineering services related to Phase 1 of the Class I Landfill Segment 3 Cell 1 expansion of the landfill gas collection system. b) Authorize the Chairman to execute the same, as presented. Attachment: 1) IRC Landfill Work Order No. 2 258 WORK ORDER NUMBER 2 SEGMENT 3 CELLS 1 AND 2 LANDFILL GAS SYSTEM EXPANSION DESIGN, PERMITTING, AND BIDDING SERVICES This Indian River. County (IRC) Landfill Work Order Number 2 is entered into as of this _ day of , 2020, in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction, dated July 18, 2017 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith 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 A (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 Section 1 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: CDM Smith Inc. w I� By: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman Print Name: Eric J. Grotke, P.E., BCEE Title: Vice President 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 259 EXHIBIT A WORK ORDER NO. 2 INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELLS 1 AND 2 LANDFILL GAS SYSTEM EXPANSION DESIGN, PERMITTING, AND BIDDING SERVICES This Work Order No. 2, when executed, shall be :incorporated in and become part of the Agreement for Consulting Services between the Indian River County Solid Waste Disposal District (SWDD) and CDM Smith Inc., (CONSULTANT), dated July 18, 2017 hereafter referred to as the AGREEMENT. PROJECT BACKGROUND The SWDD, the owner of the Indian River County Landfill, has requested that CONSULTANT prepare this Work Order to provide professional engineering services for the design, permitting, and bidding for the proposed expansion of the landfill gas collection (LFG) system of Class I Landfill Segment 3 Cells 1 and 2. The proposed locations of LFG header piping and vertical extraction wells after the final buildout of Segment 3 are shown on Drawing No. 27 of the 20 -Year Permit Drawings dated March 2010. Due to current waste elevations, only the final LFG system expansion design for Segment 3 Cell 1 will be included in the final Contract Documents. The LFG system will be preliminarily designed and permitted so that the SWDD can more easily expand into Segment 3 Cell 2 with horizontal gas collectors when conditions are preferable in the future. The Segment 3 LFG system was previously permitted under Construction/Operation Permit Nos: 0128769 -022 -SC and 0128769 -023 -SO and the construction of the LFG system shall be done in accordance with the approved gas management system design. This permit requires notification to the Florida Department of Environmental Protection (FDEP) before any changes to the approved design are implemented to include the proposed horizontal gas collectors into the design and permit. Since new gas extraction wells are being proposed in Segment 3 Cell 2 it is assumed that, at a minimum, a minor modification to the construction/operation permit will be required by the FDEP. Since no changes to the approved gas management system design are proposed in Segment 3 Cell 1, only a courtesy notification will be sent to the FDEP prior to construction activities. The Scope of Servicesfor this project are described below: SCOPE OF SERVICES CONSULTANT will undertake the design, permitting, and bidding of the Class I Landfill Segment 3 Cells 1 and 2 LFG system expansion located at the Indian River County Landfill. The LFG system has already been preliminarily designed and permitted in Segment 3. The permit drawings LFG system plan and details will need to be enhanced to become final design drawings suitable for bidding for construction. Also, additional horizontal collection wells will be added to the proposed design in Segment 3 Cell 2 as part of this project. Therefore, the CONSULTANT will modify/update the existing LFG system permit drawings previously prepared in 2010 by Geosyntec Consultants for the purpose of modifying the permit and bidding the project for construction. cS260 Smith Based on recent discussions with SWDD staff and our familiarity with the landfill site and preliminary review of the existing permit drawings, the proposed Scope of Services includes the following tasks: TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards. Task 1.0 includes the specific activities identified below: Subtask 1.1- Project Update Meetings CONSULTANT's project manager will prepare for status meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month for four months (4 project update meetings total). Subtask 1.2 - Quality Technical Reviews CONSULTANT maintains a quality management system (QMS) on all of its projects. One formal quality technical review committee (TRC) meeting has been budgeted for and will be conducted at the 60 percent completion stage of the project. SWDD's representatives will be invited to attend and participate in the TRC meeting. Deliverables: A Complete set of draft Contract Documents for review (electronic PDFs of the drawings and technical specifications) at 60 percent and the 100 percent design level. Subtask 1.3 - Final Design Review CONSULTANT will prepare and submit a complete set of Contract Documents (drawings and technical specifications as electronic PDFs) to SWDD for review at the 100 percent (final) completion stage. CONSULTANT will also perform a final comprehensive design review at the 100 percent milestone to perform final quality checks and to confirm that the proposed design meets the requirements of SWDD. CONSULTANT will prepare for and attend one meeting with SWDD staff to review comments on the 100 percent design drawings and technical specifications.. CONSULTANT will incorporate SWDD's written comments, prepare the final Contract Documents (Issued for Bid), and submit two hard copies and electronic PDFs of the design drawings and technical specifications to the SWDD. Deliverables: Final Contract Documents (Issued for Bid) —two signed and sealed hard copies and electronic PDFs. TASK 2.0 - MEETINGS AND DATA COLLECTION This task focuses on obtaining the necessary preliminary information to prepare detailed engineering plans and construction specifications. Task 2.0 includes the specific activities identified below: CDM Smith 261 Subtask 2.1- Kickoff Meeting CONSULTANT will organize a kickoff meeting with SWDD to discuss the proposed Segment 3 Cells 1 and 2 landfill gas system expansion. SWDD shall further define their requirements of the project. CONSULTANT will prepare and distribute meeting minutes. Subtask 2.2 - Previous Design Due Diligence CONSULTANT will collect and review available existing data and information already obtained including as-built/record drawings, site surveys, previously performed design calculations, analysis, drawings, permits and applications, and reports that were prepared by SWDD's previous engineering consultant and their subconsultants for the landfill gas system. Upon review of available existing data, CONSULTANT will prepare a data request letter for any additional data that is needed and submit it to SWDD for assistance with obtaining the additional data, if needed. If the requested additional data is not available, CONSULTANT will provide a list to SWDD to determine the appropriate manner to obtain it, which may include an amendment to this Work Order. Deliverables: ■ Kickoff meeting minutes. ■ Data request letter, if needed. TASK 3.0 - FINAL DESIGN, DRAWINGS, SPECIFICATIONS, AND OPINION OF PROBABLE CONSTRUCTION COST PREPARATION This task consists of performing final design and developing Contract Documents (drawings and specifications) in accordance with the design requirements set forth in Chapter 62-701, F.A.C., to procure and construct the project. Task 3.0 includes the specific activities identified below: Subtask 3.1- Design Drawing Preparation CONSULTANT will prepare detailed contract drawings for the expansion of the Segment 3 Cells 1 and 2 LFG system. Below is a preliminary list of drawings required to permit and construct this project. Note that the Permit Drawings submitted for the permit modification will be those that require changes, or are new, due to the proposed horizontal collectors in Segment 3 Cell 2. The Contract Drawings prepared for bidding will be those related to Segment 3 Cell 1. Permit Drawings: Drawing No.' Drawing Title New Revision No. 1 Title Sheet 3 27 Conceptual Gas Management System Plan 1 31 Gas Management System Details IV 1 37 Segment 3 Cell 2 Horizontal Collector Layout New Drawing Note: 'Assumes that these are the only approved permit drawings that would require modification to incorporate horizontal collectors in Segment 3 Cell 2. The drawing numbers are in reference to the currently approved 20 -year permit package. (20 -Year Permit Drawings dated March 2010). CDM Smith 262 Contract Drawings (for Segment 3 Cell 1): Sheet No. Title General G-0 Cover (Including Location Map) G-1 General Notes/Symbols/Legend/Index of Sheets G-2 Existing Conditions/Limits of Construction/Horizontal Control Plan Civil C-1 Landfill Gas System Plan C-2 Compressed Air and Condensate Force Main Plan CD -1 Landfill Gas System Details I CD -2 Landfill Gas System Details II CD -3 Landfill Gas System Details III CD -4 Landfill Gas System Details IV (if required) Subtask 3.2 - Specifications CONSULTANT will prepare specifications, utilizing the EJCDC/CSI format (SO -Division), which will consist of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to this project. Specifications for construction will include the LFG system components, and other applicable items. CONSULTANT will include incorporating the construction permit conditions, if any, into the specifications prior to award of contract. Subtask 3.3 - Front -End Documents SWDD will supply the Front -End Documents and CONSULTANT will edit them to provide the project specific information needed to bid the project. CONSULTANT will work with SWDD to develop owner direct purchase language to be included in the front-end documents, if necessary. Subtask 3.4 - Opinion of Probable Construction Cost (OPCC) CONSULTANT will prepare an OPCC at the 100 percent completion stage and submit the estimate to SWDD for review. The estimate will be based on generally accepted costs for this type of work. Deliverables: ■ 60 and 100 percent drawings (electronic PDF and AutoCAD format, including associated. x -refs) and technical specifications (electronic PDF). ■ Final Contract Documents Package (two signed and sealed hard copies and electronic PDFs of the drawings and technical specifications). ■ Opinion of probable construction cost at 100 percent design (electronic PDF). TASK 4.0 - PERMITTING ASSISTANCE CONSULTANT will prepare and submit a minor modification to Construction/Operation Permit Nos: 0128769 -022 -SC and 0128769 -023 -SO to include the proposed Segment 3 Cell 2 horizontal gas collectors into the design and permit. Activities performed under this task consist of those functions required to prepare the application for a CDM Smith 263 minor modification to the Construction/Operation Permit (Permit Nos: 0128769-022=SC and 0128769- 023-50), participate in a pre -application meeting with FDEP, and respond to one of FDEP's requests for additional information (RAI). Also included are preparation of the notifications required by the operations permit. Task 4.0 includes the specific activities identified below: Subtask 4.1 - Pre -Application Meeting CONSULTANT will attend one pre -application meeting with FDEP staff via a teleconference. The purpose of the meeting will be to communicate with FDEP regarding the proposed contents of the permit application submittal package. Subtask 4.2 - Permit Application CONSULTANT will prepare and submit to FDEP the application for a minor modification to the Construction/Operation Permit required by Chapter 62-701.320, F.A.0 to include the horizontal gas collectors in Segment 3 Cell 2 into the design and permit. Subtask 4.3 - RAN CONSULTANT will respond to one RAI from FDEP. Subtask 4.4 - Construction Notification CONSULTANT will prepare and submit a courtesy notification to the FDEP prior to construction of the landfill gas system expansion in Segment 3 Cell 1. Deliverables: ■ Segment 3 Cell 2 LFG Gas system permit modification application ■ Design drawings to support permit modification. TASK 5.0 - BIDDING ASSISTANCE In this task, CONSULTANT will assist SWDD in obtaining bids for the construction of. the project, assist SWDD in evaluating the bids and in assembling and awarding the contract, and will arrange and preside over a pre-bid conference. Task 5.0 includes the specific activities identified below: Subtask 5.1 - CONSULTANT will provide,a Contract Documents Package in electronic PDF format suitable for distribution to bidders, coordinate the advertisement of the bid, respond to communications from Contractors, attend a pre-bid conference, and assist with the issuance of up to two addenda. SWDD will advertise for bids and distribute documents to the plan holders. Subtask 5.2 - CONSULTANT will attend one bid opening, evaluate bids, and recommend a bidder for award of contract to SWDD. The bidding phase of the project terminates when an assumed Notice of Award is issued to a Contractor. TASK 6.0 = ADDITIONAL ENGINEERING SERVICES Smith 264 At the request of the SWDD, CONSULTANT will perform additional engineering services for work expressly excluded from this Work Order as noted in the Assumptions above or requested by the SWDD during the project. Additional Engineering Service may include, but not be limited to, preparation of additional design modifications, assistance in preparing documents not expressly included in the above tasks, environmental assessments, additional permitting, or any other extended/additional engineering services. A not -to -exceed amount of $20,000 is established for services related to this task. ASSUMPTIONS 1. SWDD will be responsible for all permit application fees. 2. The FDEP Class I Landfill construction/operation permit will only require a minor modification to include the horizontal gas collectors for Segment 3 Cell 2. 3. Since no changes to the approved gas management system design are proposed in Segment 3 Cell 1, only a courtesy notification will be sent to the FDEP prior to construction activities. 4. The LFG system expansion will not require a modification to the facility Title V Air Operation Permit. 5. CONSULTANT has based this proposal upon utilization of previously permitted design documents. In the event that the CONSULTANT is unable to utilize these documents, CONSULTANT reserves the right to request additional compensation in order to obtain and or complete the required scope of services. 6. Unless otherwise stated in the tasks, all previously performed design calculations, analysis, drawings, and reports that were prepared by Geosyntec Consultants or their subconsultants as part of, and/or referenced in, the 20 -Year Renewal Permit Application and Drawings (dated March 2010 and September 2015), are complete, sufficient, accurate, and do not require any revisions/corrections. If CONSULTANT determines that the previously prepared design calculations, analysis, drawings, and reports.are incomplete or require revisions/corrections, CONSULTANT reserves the right to seek additional compensation. 7. This Work Order does not include engineering services during construction. 8. CONSULTANT reserves the right to seek additional compensation for work performed, as agreed to by SWDD, beyond what is described in this Work Order. 9. SWDD will provide the survey files, including CADD and 3-D surface. It is assumed that these existing survey files will be sufficient. If it is determined that additional survey is needed during the design, CONSULTANT reserves the right to seek additional compensation. 10. If requested, SWDD will provide all available existing data, as-built/record drawings, site surveys, previously performed design calculations, analysis, drawings, permits and applications, and reports. 11. SWDD will be responsible for providing information related to which vertical extraction wells will receive pumps in the Segment 3 Cell 1 design. PROJECT SCHEDULE It is anticipated that the Project will take approximately 6 months to complete, starting within two weeks of receipt of a formal notice to proceed (NTP). The estimated schedule by task its shown in Table 1. CONSULTANT will prepare an updated detailed schedule within the first thirty (30) calendar days after NTP. Smith 265 The following project schedule has been developed based on the NTP: Table 1 Design/Permitting/Bidding* Schedule (Calendar Days From NTP) Begin Design 14 days 60 -Percent Design Submittal to SWDD 44 days. TRC Meeting 51 days 100% Design Submittal to SWDD 81 days 100% Design Review 88 days . Final Design (Issued for Bid) Submittal to SWDD 102 days Submit Construction/Operation Permit Modification Application 58 days Receive Updated Construction/Operation Permit 118 days. Advertise for Bids 133 days Receive Bids 163 days Award Contract 193 days . Note: 'Project schedule will be dependent on permitting and procurement activities. Schedule will be adjusted accordingly. PAYMENT AND COMPENSATION Compensation for Work Order No. 2 described herein shall be made in accordance with the Contract between SWDD and CONSULTANT. The lump sum amount of this Work Order for Tasks 1 through 5 is $179,810; the not to exceed amount for Task 6 is $20,000; the total not to exceed contract amount is $199,810. CONSULTANT will submit monthly invoices for services rendered based on the percentage of work for each task completed for Tasks 1 through 5. Task 6 will be invoiced based on a percentage of work complete as authorized by SWDD. For invoice purposes only, the value of each task in this Work Order No. 2 is as shown in the Table 2. Table 2 Smith 266 TASK VALUE FOR INVOICE PURPOSE —WORK ORDER NO.2 TASK DESCRIPTION VALUE 1.0 Project Quality Management $26,990.00 2.0 : Meetings and Data Collection $13,935.00 3.0 Final Design, Drawings, Specifications, and Opinion of Probable Construction Cost Preparation $96,180.00 4.0 Permitting Assistance $24,375.00 5.0 1 Bidding Assistance $18,330.00 Total Work Order LUMP SUM AMOUNT $179,810.00 6.0 Additional Engineering Services — Not to Exceed $20,000.00 TOTAL WORK ORDER NO. 2 NOT TO EXCEED AMOUNT $199,810.00 Smith 266 N N z h z a a X H W W i u W >. r � J Y N E W H l7 z Q z N g � p J p N z m m W z p p. ~ om m 0 2 Occ �NC7 W cc W J Z W 2 ode z a z Z p V h W N u W M p r z WW C O m � W N N E O E" p V h O m � N N N D O O _m N N N U C ti t o f W N W R OD N V a VI a Z a V N t0 V t0 � � A Q d O C a O v o m � cm o a C C Cf6 c_ I Y I Y I I I N I LON:II1ki -]SIM BUDGET PROJECT: INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELLS 1 AND 2 LANDFILL GAS SYSTEM EXPANSION DESIGN, PERMITTING, AND BIDDING SERVICES DESCRIPTION: As Outlined in the Scope of Services, Exhibit A. REFERENCE: Agreement between Indian River County Solid Waste Disposal District and CDM Smith Inc. Labor Cateeory Hours Rate Labor Sr. Officer 19 $240 $4,560 Associate 33 $215 $7,095 Principal 112 $210 $23,520 Senior Professional 344 $175 $60,200 Professional 1 139 $120 $16,680 Sr. Technical Expert 116 $235 $27,260 Senior Support Services 104 $130 $13,520 Staff Support Services (Drafting) 128 $95 $12,160 Document Control Specialist 81 $90 $7,290 TOTAL HOURS 1,076 TOTAL LABOR COST. $172,285 OTHER DIRECT COSTS 7 525 (Field vehicle, field supplies, field safety equipment, etc.) TOTAL LUMP SUM AMOUNT FOR WORK ORDER NO. 2 $179,810 NOT TO EXCEED AMOUNT FOR TASK 6 $20,000 TOTAL AMOUNT FOR WORK ORDER NO. 2 199 810 Smith 268 156y Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 8, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE; Director of Utility Services Prepared by: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject:. Landfill Gas to Energy Project - Amendment No. 1 to Work Order No. 4 to Tetra Tech, Inc. Descriptions and Conditions: On May 7, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved Work Order No. 4 to Tetra Tech, Inc. (Tetra Tech) for professional services associated with the finalization of a landfill gas (LFG) agreement with the Indian River Eco District, LLC (IRED) as well as an inspection of the LFG system. The total estimate for the project on a time and materials basis was $30,994. The LFG system inspection was performed by Tetra Tech, and they provided an inspection report to staff in May 2019. Recommendations from Tetra Tech were utilized to modify the LFG Operations and Maintenance (0&M) portion of the Republic Services contract. On July 16, 2019, the SWDD Board approved an LFG agreement with IRED wherein they purchase the LFG for producing electricity and/or Renewable Natural Gas (RNG). Tetra Tech has continued to provide technical assistance on the LFG project with approximately $1,800 remaining in the budget. Analysis: As part of the Continuing Contract Agreement for Continuing Engineering Services entered into on April 17, 2018, SWDD staff requested Tetra Tech submit a proposal to provide professional and consulting services for the subject project. Tetra Tech's time and materials proposal, including scope of work, schedule and budget, is shown in the attached documents. Tetra Tech's proposal consists of the following: TASK DESCRIPTION AMOUNT 1 LFG to Energy Consulting Support / Energy Credits $ 28,364 Total = $ 28,364 The purpose of this amendment is to continue to utilize Tetra Tech on the Landfill Gas to Energy Project. 269 Funding: Funding for these professional services is budgeted and available in the Other Professional Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. Description Account Number Amount Other Professional Services 1 41121734-033190 $28,364 The total funding to Tetra Tech, including this work order would be $59,358. Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve CCNA-2018 Amendment No. Ito Work Order No. 4 with Tetra Tech, Inc. in the amount of $28,364 to provide professional services related to the Technical Assistance with the Landfill Gas to Energy Project. b) Authorize the Chairman to execute the same, as presented. Attachments: 1) CCNA-2018 Amendment No. 1 to Work Order No. 4—Tetra Tech 270 CCNA2018 AMENDMENT 1 TO WORK ORDER 4 Landfill Gas to Energy Project This Amendment 1 To Work Order Number 4 is entered into as of this day of May, 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 Tetra Tech, Inc. ("Consultant'). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 4 , Effective Date May 7, 2019. 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: By: Print Name: Matthew Shelton Title: Proiect Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 271 TETRA TECH EXHIBIT A May 8, 2020 Mr. Himanshu Mehta Indian River County Solid Waste Managing Director 1325 74th Avenue SW Vero Beach, FL 32968 RE: ENGINEERING SUPPORT-LFGE Dear Himanshu: Based on our recent discussions, please accept Tetra Tech's proposal for independent engineering utility services related to the Indian River County (IRC) landfill gas to energy project. This proposal consists of additional technical assistance in support of IRC's continued pursuit of landfill gas (LFG) as energy source and allows Tetra Tech to assist IRC during the remainder of calendar year 2020. IRC can continue to rely on the expertise of Tetra Tech's solid waste staff, Dave Knapp and Mike Michels, for this support as needed. Scope of Work: Technical Support; Energy Credits Tetra Tech will participate in general conference calls and other remote service requirements such as data review, contract review, and other pertinent issues related to defining the LFG to energy project with IRC offering advice to IRC related to available credits as well as options for capitalizing on those credits. In addition, this scope includes costs to allow for one trip for up to two senior staff. This scope does not anticipate Tetra Tech will prepare any paperwork/application for credits. If IRC wishes to pursue any credits, Tetra Tech will help prepare the necessary documentation, if adequate funds are available or under a separate change order Schedule Tetra Tech is aware that the contract between IRC and the end-user is subject to change or modification and therefore will rely on IRC to define the need and schedule. Other engineering support, if requested after contract award, will be addressed under a separate agreement between IRC and TetraTech. Cost Estimate The not -to -exceed cost estimate for this proposal covering the projected needs of the IRC, as described above, for the next several months is defined as 2020 LFGE Technical Support is $28,364. Terms and Conditions This work will be governed in accordance with the terms and conditions previously approved by the IRC under the continuing engineering services agreement, RFQ2018008 dated April 17, 2018, utility major. Any modifications to the attached language must be accepted by both parties. Tetra Tech, Inc. I I Riverside Drive, Suite 204, Cocoa, FL 32922 Tel 321.636.6470 Fax 321.636.6473 : www.tetratech.con272 Mr. Himanshu Mehta May. 8, 2020 Page 2 If you have any questions or need additional information, please contact David Knapp by phone or email at (770) 331-4086 or david.knapp(Ocornerstoneeg.com or Matt Shelton at (321) 961-5627 or matt. shelton(a),tetratech. com. Sincerely, &aew Shelton David Knapp Project Manager Senior Engineer cc: Brian Watson, P.E. Mike Michels, P.E. Attachment: Cost Spreadsheet 273 TETRA TECH r N oo�00000 0 000000 0000 0 rnornoo 00 00 000000 000000 i00 O 00 %O O 4 0 0 0 0 0 O O O O M p M �O 69 O sY h N 69 Cl V) N N O 0 Nv- 0 C. Nr N 0 -;+ 7 t 4 69 69 61) 69 1O f+1 F ^' [t CA CA 69 69 69 69 N 00 69 6A N 6A fry N 6 z;;9 69 69 R y 0 0 00 00 0 %D N O O O O O R O O O 7 ~ O i ay. y � � h 00O N 0 0 0 0 0 0 0 0 0 0 0 O O O O O I- O M O Cl O O .-+ 0 0 0 0 0 0 n O b N O O O b 0 0 0 0 0 0 O O O O b i •y N M 69 M Vi l— 69 69 6A NO O N O V' O V 7 N O �--� 7 r-, 69 6A CA 6/i vl C U Go,)C - V 00. .--� CA 69 6A 69 N U 69 69 69 69 69 7 y 69 yN �O �O O O O o w o� o 0 0 0 t `clo fl — ocvvov r o o o or - 7 L M 69 N O (IS O N 0q 6 A 69 Oo0 C O in. .O o; cA fA r H o h o U 69 69 69 U U U " Gn W M H it m 00 O N N �o N O H A 1� L. H O M M 00 1 Tl' W O\ O N Cl O O O O O O >, 00 0 0 0 0 0 0m C 0 0 0 o ear 13, o, ao0 00 kn wCC C C M 69 6N9 69 6N9 69 69 6�9 69 p 69 a o o w A t O 00 Ca o o W YC o a cuCU F, ti A W E0 W .0 ¢ y, ccl 0 C LO h a W a '� y O F H> N m U �� A u o 0 � •y m i ;? °' c `^ o per. 'p ,a .a K p i F u 0 > > a Vl E E co ca (7 v C C O �. C �„ ix„ co � L aacnacna`U.4 Q�>aaF ��aoiUcn "17hese hourly biting rates WH remain effective for Ute Initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. 275 0 Exhibit 13 Tetra Tech, Inc. Indian River County Professional Services Hourly Rate Fee Schedule .Effective October 1, 2017, through September 30, 20ZOftl Rawlabor8ates Direatabor Row laborRams xMultiplier - Rata Postilon/7ltles Minbnum Maximum Multiplier Minimum Mmlmum Prolecs Management seprojectManager $ 52.00 S go= 3.0 S 156:00 S 24040 Project Manager $. 41.00 S 611.£10 34 S 123.00 S 204.00: Enolneers PrindpolEngineer $ 70.00 $ 49.00 3.0 $ 220.00 $ 297.00 St. Engineer. $ 50.00 $ 79.00 3A S 250.00. $ 237.00 Engineery - S 39.00 S 61.00 3A $ 217.00 S 183.00 Engineer W $ 32A0 S '. 49.00 3.0 S 96.00 S 147AD Enginearlif S 26.00 S 40AD 3.0 S 78.06 S 120:00 Engineer $: 24.00 S 34" 3.0 $ 72.00 $ 102.00 Enilneerl $ 22.00 $ 29.00 - 3.0 $ 66.00 $ a7.00 EngineerinitTerhnician S 12.00 S 2200 3.0 S 36.00 S 66.00 rdentkk SdentfstVI S 45.00 $ 71.00 3.0 $ 135.00 S 213.00 Sdendst V $ 31.00 $: S7.00 3.0 S 93.00 S 371.00 .Scientist IV $ 27A0 $ 38.00 3.0 S slim $ 114.00 .Scientist III $ . 24.00 $ 30.00 3.0 $ 72.00. $ 90.00 Scientist it $ 20.00 S 26.00 3.0 $ '60.00 $ 78.00 Seioritist1 $ 19.00 S 23.00 3.0 $ 57.00 $ 69.00 Design Professlonaft SrcAo/Entoesignerll $ 39.06 $ 52.00 3.6 S 117.8D S 256.00 Sr CAD/Eng Oesigner I S 264o S : 40.00 3.0 $ '78.00 $ 120.00 CAD/Englncedng Designer 01 S 24.00 $ 33.00 3,0 S 72.60, $ 99.00 CAO/EnglneedngDesigner it S 18.00 $ 74.OD 3A $ 54.00 S 72.00 CAO/EdgineeringDesigner I S 36.00 $ 21A0 3.0 S 400 $ 63.00 Surveyors - Srtand5uruelf" $ 41.00 S 50.00 34 S 123.00 S 150,00 land Surveyor. S 28.00 - $ 40.00 3.0 S moo $ 22MOO SurveyCrmrChlef S 24.00 S 38.00 3.0 S 72.00 S 214.00 Survoy'Fach $ 17.01) S 30.00 3.0 S S1.00 S 90.00 Architects . Architectural Program Mgr $ 65.00 S 85.00 3.0 S 195:06 $ 255.00 SrArciiltect 3 55.00 $ 75.00 30 $ 16.5.00 S 225.00 Architect S 35.00 .S 55.00 3.0 S 105.00 $ 165.00 Mchitectural Designer $ 17.00 S 35.00 3.0 S 51.00 $ 10.000 Construction Professfam f, - ConstructionProjectRep S 2200 S 42.00 3.0 $ 66.00 $ 126.00 Consauctlon Manager it $ 50.00 S 70.00 30 $ 150.00 $ 210.00 Construction Manager 1 S 38.00 $ 54AO 3.0 $ 114AD $ 262.00 Construction Administrator S 2300 $ 39.00 3,0 S 69.00 $ 217.00 Q/SArrolysts . SrAnalyst $ 30.00 S 65.00 3.0 $ moo $ 195.00 Project Analyst R S 24.00 '$ 40A0 34 S 7t00 3 120,00 ProlectAnalystf S 1&00 $ 2840 3.0 6 S4A0 $ 84.00 ProJcctAdmbtistro0on Sr Project Administrator $ 27.00 $ 35.00 3.0 S 81.00 $ 305.00 Project Administrator $ 15.00 S 3200 3.0 S 45.00 S 96.00 ProjectA$dMnt 5 12.00 :$ 22.00 310 $ 36.00 $ 66.00 . Contract Administrator $ 25.00 $ 36.00 &0 S 75.00 S 208.00 Subconsu/tont tart r lox Achnbursable (tenses Englnecr'sReimbursable Travelftleage At Cost Other Direct Costs At Cost "17hese hourly biting rates WH remain effective for Ute Initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. 275 0 Exhibit C Landfill Gas System Inspection and Independent Landfill Gas Energy Engineering Support PROJECT SCHEDULE Tetra Tech is aware that the contract between IRC and the end-user is subject to change or modification and therefore will rely on IRC to define the need and schedule. 276