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11/17/2020
;OR -W COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 17, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com This meeting can be attended virtually via Zoom. Instructions can be found 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 2.11. INVOCATION Pastor Jeremy Rebman, First United Methodist 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 3.A. OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS The Honorable David C. Morgan, County Judge, Nineteenth Judicial Circuit Court of Florida 3.B. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 3.C. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation For The Source Attachments: Proclamation 5.11. Presentation by Elaine McNeal re: Salvation Army Annual Red Kettle Campaign 6. APPROVAL OF MINUTES November 17, 2020 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Freddie Green on His Retirement From Indian River County Board of County Commissioners Department of General Services / Parks and Recreation Division with Thirty -Four Years of Service Attachments: Proclamation 7.11. Skilled Trades Virtual Career Fair Flyer Attachments: Career Fair Flyer 7.C. Landfill Closure and Collection Service Changes for the Thanksgiving Holiday Attachments: Staff Report 7.D. Appointment of District 1 Appointee to the Planning & Zoning Commission (P&Z) Attachments: Commissioner's Memorandum 8. - CONSENT AGENDA 8.A. Checks and Electronic Payments October 16, 2020 to October 22, 2020 Attachments: Finance Department Staff Report 8.11. Checks and Electronic Payments October 23, 2020 to October 29, 2020 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments October 30, 2020 to November 5, 2020 Attachments: Finance Department Staff Report 8.D. Award of Bid No. 2020053, Roseland Community Center Building & Site Improvements, IRC -1855 Attachments: Staff Report Sample Agreement Location Map 8.E. Approval of Work Order No. EM -1 with GK Environmental, Inc. for Maintenance of Invasive Vegetation Species at Egret Marsh Stormwater Park Attachments: Staff Report Exhibit A Attachment A - GKE WO EM -1 November 17, 2020 Page 2 of 7 8.F. Approval of Work Order OA -1 with GK Environmental, Inc. for Maintenance of Invasive Vegetation Species within Osprey acres Floway and Nature Preserve's Floway and Shallow Marsh Areas Attachments: Staff Report Work Order OA -1 Exhibit A- proposal OA -1 8.G. Approval of Work Order No. MM -1 with Kimley-Horn and Associates, Inc. for Structural Design of the Moorhen Marsh Low Energy Aquatic Plant System Redesign Attachments: Staff Report Work Order No. MM -1 Facility Cast -in -Place Structures -Workplan 8.H. Addendums to Administrative Services Agreements - RX Benefits and Express Scripts effective January 1, 2019, October 1, 2019, and January 1, 2020 Attachments: Staff Report Addendum 01.01.2019 Addendum 10.01.2019 Addendum 01.01.2020 U. Change Order to TLC Diversified, Control Equipment Replacement Attachments: Staff Report Change Order to Proposal Inc., for the South Reverse Osmosis Odor 8.J. Work Order No. 37 - Kimley-Horn and Associates, Inc., IRC Vulnerability Assessment Study Attachments: Staff Report Work Order No.37 8.K. Corrective Resolution for Release of an Easement Located at 3755 9th Street SW Attachments: Staff Report Proposed Corrective Resolution Releasing Easement 8.L. Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue/37th Street Right -Of -Way from Woodrow Dawsey and Belinda Dawsey, husband and wife; and 58th Avenue Right -Of -Way from Wayne C. McClain and Nancy A. McClain, husband and wife) Attachments: Staff Report Resolution (Dawsey purchase) Resolution (McClain purchase) November 17, 2020 Page 3 of 7 8.M. Miscellaneous Budget Amendment 012 Attachments: Staff Report 2019 2020 Resolution Exhibit "A" 8.N. Miscellaneous Budget Amendment 001 Attachments: Staff Report 2020 2021 Resolution Exhibit "A" 8.0. Award of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2021003) Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Clerk of Circuit Court and Comptroller Budget Amendment Request for Fiscal Year 20/21 Attachments: Budget Amendment Request 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Face Covering Ordinance - LEGISLATIVE Attachments: Staff Report Draft Face Covering Ordinance B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Paul Zelno Regarding Establishing a Higher Safety Standard for the Unborn Attachments: Public Discussion Request Safe Harbor for Life Ordinance 10.13.2. Request to Speak from Steve Aden Regarding Constitutional Authority to Enact Pro -Life Legislation Attachments: Public Discussion Request 10.13.3. Request to Speak from Catherine Glenn -Foster Regarding Constitutional Authority to Enact Pro -Life Legislation Attachments: Public Discussion Request November 17, 2020 Page 4 of 7 10.11.4. Request to Speak from Bonnie Martinelli Regarding Creating Community Awareness of the Pressures of Unplanned Pregnancies Attachments: Public Discussion Request C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. Recommendation of Award of Bid 2021005 for Alternate Care Site Cots Attachments: Staff Report IMS Letter of Protest IMS Amended Protest Response to IMS Protest IMS Appeal G. Public Works 12.G.1. Designation of Trane U.S. Inc., as Sole Source Provider for Installation of Bi -Polar Ionization System Attachments: Staff Report Trane Proposal for the Courthouse Trane Proposal for Buildings A & B Trane Proposal for the EOC Trane Proposal for the IG Recreation Facility Statement Regarding Lobbying H. Utilities Services 13. COUNTY ATTORNEY MATTERS November 17, 2020 Page 5 of 7 13.A. Indian River County Committees - Member Reappointments Attachments: Staff Report Committee Members Term Renewal - 2021 Vacancies List (Term Exp 2021) - Info Only Non -Renewal Vacancies List - Term Exp 2021 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams B. Commissioner Joseph E. Flescher C. Commissioner Joseph H. Earman D. Commissioner Peter D. O'Bryan E. Commissioner Laura Moss 14.E.1. Creation of an Area of Native/Florida Friendly Plants Attachments: Commissioner's Memo 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Budget Workshop Minutes July 15, 2020 15.B.2. Approval of Minutes Meeting August 18, 2020 15.B.3. Approval of Minutes Meeting of September 15, 2020 15.B.4. Approval of Minutes Preliminary Budget Hearing of September 16, 2020 15.11.5. Change Order No. 1 to Summit Construction of Vero Beach, LLC Attachments: Staff Report Summit Construction Change Order No 1 15.11.6. Work Order No. 39 to Kimley-Horn for the Solid Waste Disposal Annual Financial Reports Attachments: Staff Report Work Order No 39-KHA C. Environmental Control Board 16. ADJOURNMENT November 17, 2020 Page 6 of 7 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 ordistributed 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.ircizov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m, Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. November 17, 2020 Page 7 of 7 R5 PROCLAMATION For The Source WHEREAS, The Source is a 5,000 sq. ft. outreach facility open seven days a week, addressing the complex needs of the poor and homeless in Indian River County; and, WHEREAS, their purpose is to offer life -changing possibilities to residents in crisis; offering emergency hunger relief, clothing, counseling, support groups, hygiene items, showers, mail and telephone services, benefit referrals, cold weather refuge, and much more; and, WHEREAS, they are families struggling to pay bills, single parents living paycheck to paycheck, or individuals who have lost their homes, hope, and their peace of mind; and, WHEREAS, The Source helps provide critical care for physical, spiritual, civic, and social needs; and, WHEREAS, The Source believes that food is a tool to strengthen bodies physically and spiritually, empower minds, and build communities. To that end, The Source feeds hundreds of poverty stricken residents free of charge every day; three meals a day through their Dining with Dignity program; and, WHEREAS, the Dining with Dignity food kitchen at The Source provides professional training to homeless students, in preparation for them acquiring food -related employment within the community; including employment preparing and serving food from their new Dignity Food Truck, which has brought expanded awareness to the organization, and has enabled the culinary students to take a step closer to transitioning into a paid food service/restaurant position; and, WHEREAS, the programs of The Source helps people to transform their lives when they have the right tools of training, support, love and respect. Ultimately, these tools provide the solutions for the homeless to transition into long term sustainability in the community while offering them a glimpse. of hope and, comfort, 24 hours a day, 7 drays a week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes November 15-22, 2020, National Homeless Awareness Week, on behalf of The Source and the positive and untiring work they are doing in our Indian River County communities. Adopted this 17th day of November, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams Joseph E. Flescher Joseph H. Earman Peter D. O'Bryan Laura Moss 1 PROCLAMATION HONORING FREDDIE GREEN ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/ PARKS AND RECREATION DIVISION WHEREAS, Freddie Green has announced his retirement from the .Indian River County Department of General Services, Parks and Recreation effective November 5, 2020; and WHEREAS, Freddie began his career with Indian River County on December 2, 1986, as a Motor Equipment Operator I with the Parks Division. In 1988, his position was upgraded to Maintenance Worker V and he was designated as a crew leader. On July 29, 1994 his position was reclassified and he was promoted to Foreman, which is the position he has held until his retirement; and WHEREAS, Freddie's performance reflects his dedication to the County and the parks under his supervision have been maintained at the highest level. Freddie is highly respected by all of his co-workers and has been a huge asset to Parks Division and Indian River County. Freddie is an integral member of our community and his leadership during his years of County Service is reflected in performance and his resident -focused values. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Freddie Green's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-four years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 17th day of November 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Chairman 2 A012 FPP7I \ d 46 E ;Virtual Career [fair vim ! 7 9�/ i Ak 8 i' r� Nov. 18, 2020 19 a.m. -1 p.m. .......... .. Join Us ... Where Opportunity Meets Talent Are you looking for a career in skilled trades and construction? Join us for a special hiring event and chat live with employers looking for quality candidatesVETERANS v just like you. All veterans receive 8 a.m. early entry asVof PRIORITY part of our commitment to priority of service. SERVICE FREE,IL Click nor scan the""QR code'to register�or visit ; " Career°raidir. 4 jlr- ca'reersourcerc.com/events j ❑ �•�.13 f ©�� ORNER COUNTY aONO C COUNN TY CHAMBER O 4 F9 St. Lucie L!' F b ! `! � � � _ COMMERCE nDrxw. OePArtr —' 1 !. Q PUOLIC SCHOOLS ECO Tc OPPORTUNT, �.oRlo.• Q//fi'ff f� 00BtNi. ® KEISER co EQJccuL _ J ST LUCIE COUNTY SR TUAT/MARTIN COUNTY UNIVERSITY 4—�'� Chamber of Commerce C H A M F! E R 0, C O M M E RC E s _ St. Lucie TREASURE COAST tET4N�CAl CpllEOE �� EDC''' t.`ATE COLLEGE Y`r qC STATE C:OLL¢G¢ `J ,`� �L tH`+� 'A An equal opportunity employedprogrom. Auxiliary aids and services are available upon request to individuals with disabilities for program funding details in compliance with the Stevens AmendmenC please visit www.careersourcerccom/progrom-funding. Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 2, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Thanksgiving Holiday In observance of the Thanksgiving Holiday, the Main County Landfill and the five Customer Convenience Centers will be closed on Thursday, November 26, 2020. In addition, there will be no residential curbside services for recycling, garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at ircrecycles.com for more information. Location Garbage and Yard Waste Services Recycling Services Unincorporated IRC Garbage and Yard Waste Services will be shifted by one day. City of Fellsmere Thurs. customers will be serviced on Fri. Nov. 27th Fri. customers will be serviced on Sat. Nov. 28th If you have questions regarding your service schedule, Recycling services will be please call Waste Management at 569-1776. shifted by one day. Thurs. customers will be City of Sebastian Garbage services for Thurs. customers will be serviced on Wed. Nov. 25th serviced on Fri Nov. 27th Yard waste services for Thurs. customers will be Fri. customers will be serviced on Thurs. Dec. 3rd. serviced on Sat. Nov. 28. If you have questions regarding your service schedule, If you have questions regarding please call Waste Management at 569-1776. your service schedule, please call Waste Management at 569-1776. City of Vero Beach Garbage services for Thurs. and Fri. customers will be serviced on their next scheduled service day. No changes to yard waste services. If you have questions regarding your service schedule, please call the City of Vero Beach at 978-5300. Town of Orchid No changes No changes Indian River Shores Garbage services for Thurs. customers will be No changes serviced on their next scheduled service day. If you have questions, please No changes to yard waste services. call Republic services at If you have questions regarding your service schedule, 562-6620. please call Republic Services at 562-6620. 4 7, November 17, 2020 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 9, 2020 SUBJECT: Appointment of District 1 Appointee to the Planning & Zoning Commission (P&Z) FROM: Kimberly K. Moirano, Commissioner Assistant, District 1 Commissioner Susan Adams has reappointed Beth Mitchell as the District 1 Appointee to the Planning & Zoning Commission. 5 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t` Street Vero Beach, FL 32960. TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: ' JEFFREY R. SMITH, COMPTROLLER DATE: October 22, 2020 �GOMPTR 0 I H 9 f p Lq�FRCOU14 4fy SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 16, 2020 to October.22, 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 October 16, 2020 to October 22, 2020. 6 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 400740 10/16/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,902.20 400741 10/16/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 400742 10/16/2020 NORTH CAROLINA CHILD SUPPORT 105.69 400743 10/16/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 400744 10/16/2020 TX CHILD SUPPORT SDU 163.85 400745 10/16/2020 BEVERLYNN JACKSON 500.00 400746 10/20/2020 CLERK OF CIRCUIT COURT 400.00 400747 10/22/2020 PORT CONSOLIDATED INC 563.82 400748 10/22/2020 STURGIS LUMBER & PLYWOOD CO 91.62 400749 10/22/2020 COMMUNICATIONS INTERNATIONAL 13,906.75 400750 10/22/2020 TEN -8 FIRE EQUIPMENT INC 201.32 400751 10/22/2020 RANGER CONSTRUCTION IND INC 404.70 400752 10/22/2020 VERO CHEMICAL DISTRIBUTORS INC 2,827.00 400753 10/22/2020 RICOH USA INC 14.08 400754 10/22/2020 KIMLEY HORN & ASSOC INC 4,962.35 400755 10/22/2020 SAFETY PRODUCTS INC 2,670.45 400756 10/22/2020 AT&T WIRELESS 314.29 400757 10/22/2020 SEWELL HARDWARE CO INC 337.14 400758 10/22/2020 GRAINGER 161.81 400759 10/22/2020 GENES AUTO GLASS INC 240.00 400760 10/22/2020 SAFETY KLEEN SYSTEMS INC 335.39 400761 10/22/2020 GRAYBAR ELECTRIC 11,294.44 400762 10/22/2020 LFI FORT PIERCE INC 149.10 400763 10/22/2020 CLIFF BERRY INC 240.45 400764 10/22/2020 BOUND TREE MEDICAL LLC 6,024.08 400765 10/22/2020 PETES CONCRETE 950.00 400766 10/22/2020 ECOTECH CONSULTANTS INC 950.00 400767 10/22/2020 EXPRESS REEL GRINDING INC 3,500.00 400768 10/22/2020 CITY ELECTRIC SUPPLY COMPANY 95.74 400769 10/22/2020 AMERICAN WATER CHEMICALS INC 25,754.00 400770 10/22/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,200.00 400771 10/22/2020 WORLD BOOK INC 2,350.00 400772 10/22/2020 KETCHUM MANUFACTURING CO INC 1,531.50 400773 10/22/2020 UTILITY SERVICE CO INC 2,893.00 400774 10/22/2020 BAKER & TAYLOR INC 3,838.82 400775 10/22/2020 MIDWEST TAPE LLC 1,222.87 400776 10/22/2020 BAKER DISTRIBUTING CO LLC 97.68 400777 10/22/2020 ATKINS NORTH AMERICA INC 14,616.24 400778 10/22/2020 SUNSHINE REHABILATION CENTER OF IRC INC 3,000.00 400779 10/22/2020 CLERK OF CIRCUIT COURT 62.50 400780 10/22/2020 CITY OF VERO BEACH 450.00 400781 10/22/2020 LANDIA INC 20,157.00 400782 10/22/2020 UNITED WAY OF INDIAN RIVER COUNTY 594.94 400783 10/22/2020 INDIAN RIVER ALL FAB INC 540.00 400784 10/22/2020 AT&T CORP 465.61 400785 10/22/2020 AT&T CORP 2,922.04 400786 10/22/2020 UNITED STATES POSTAL SERVICE 240.00 400787 10/22/2020 FLORIDA FISH & WILDLIFE 5,704.33 400788 10/22/2020 TREASURE COAST HOMELESS SERVICES 1,000.00 400789 10/22/2020 UNIVERSITY OF FLORIDA 3,630.00 400790 10/22/2020 FLORIDA DEPT OF AGRICULTURE AND 13,821.36 400791 10/22/2020 ACUSHNET COMPANY 5,559.02 400792 10/22/2020 GEOSYNTEC CONSULTANTS INC 7,922.01 400793 10/22/2020 FEDERAL EXPRESS CORP 552.11 400794 10/22/2020 MUNICIPAL CODE CORPORATION 573.94 400795 10/22/2020 LIBERTY FLAGS INC 1,091.10 400796 10/22/2020 FAMOSO INC 596.40 400797 10/22/2020 SIEMENS INDUSTRY INC 2,736.00 7 TRANS NBR DATE VENDOR AMOUNT 406798 10/22/2020 TIMOTHY ROSE CONTRACTING INC 180,542.22 400799 10/22/2020 TIMOTHY ROSE CONTRACTING INC 471,153.73 400800 10/22/2020 CALLAWAY GOLF SALES COMPANY 4,705.40 400801 10/22/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 4,773.05 400802 10/22/2020 FLORIDA POWER AND LIGHT 65,780.90 400803 10/22/2020 FLORIDA POWER AND LIGHT 3,009.99 400804 10/22/2020 NEW HORIZONS OF THE TREASURE COAST 26,657.00 400805 10/22/2020 SUNSHINE STATE ONE CALL OF FL INC 1,097.00 400806 10/22/2020 -STRUNK FUNERAL HOMES & CREMATORY 425.00 400807 10/22/2020 TOCOMA RUBBER STAMP & MARKING SYSTEM 118.39 400808 10/22/2020 TREASURE COAST SPORTS COMMISSION INC 1,685.00 400809 10/22/2020 NATIONAL ASSOC OF CONSERVATION 775.00 400810 10/22/2020 ESRI INC 6,200.00 400811 10/22/2020 ARNOLD AIR CONDITONING INC 181.00 400812 10/22/2020 INDIAN RIVER COUNTY HISTORICAL 1,993.75 400813 10/22/2020 JOHN BROWN & SONS INC 6,300.00 400814 10/22/2020 CHILDRENS HOME SOCIETY OF FL 2,500.00 400815 10/22/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 5,199.25 400816 10/22/2020 NATIONAL ASSOC OF ENVIRONMENTAL 175.00 400817 10/22/2020 CAROLINA SOFTWARE INC 500.00 400818 10/22/2020 SHRIEVE CHEMICAL CO 12,188.24 400819 10/22/2020 ST LUCIE COUNTY BOCC 3,096.30 400820 10/22/2020 COASTAL AUTOMOTIVE EQUIPMENT 4,970.00 400821 10/22/2020 HELEN WHITE 2,625.00 400822 10/22/2020 TOWN OF ORCHID 14,717.54 400823 10/22/2020 TMQ INC 570.00 400824 10/22/2020 FLORIDA DEPT OF JUVENILE JUSTICE 19,155.99 400825 10/22/2020 SYNAGRO-WWT INC 96,941.34 400826 10/22/2020 FLORIDA RURAL LEGAL SERVICES INC 2,334.75 400827 10/22/2020 THE SHERWIN WILLIAMS CO 599.83 406828 10/22/2020 SOUTHERN JANITOR SUPPLY INC 541.90 400829 10/22/2020 SWANK MOTION PICTURES INC 1,572.00 400830 10/22/2020 MBV ENGINEERING INC 2,224.00 400831 10/22/2020 MASTELLER & MOLER INC . 5,220.00 400832 10/22/2020 GERELCOM INC 27,160.00 400833 10/22/2020 FLORIDA CONSERVATION DIST EMP ASSOC 10.00 400834 10/22/2020 AMERICAN WATER WORKS ASSOCIATION 245.00 400835 10/22/2020 FLORIDA SUPERIOR SAND INC 1,360.20 400836 10/22/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,101.89 400837 10/22/2020 D & D GARAGE DOORS OF PSL INC 2,507.00 400838 10/22/2020 MATTHEW J MC ALARNEN 2,250.00 400839 10/22/2020 CEMEX INC 44.64 400840 10/22/2020 REDLANDS CHRISTIAN MIGRANT ASSOC 10,421.04 400841 10/22/2020 VIKBOL IN 4,500.00 400842 10/22/2020 TREASURE COAST FOOD BANK INC 799,999.75 400843 10/22/2020 VERO BEACH BROADCASTERS LLC 3,770.00 400844 10/22/2020 MARINCO BIOASSAY LABORATORY INC 3,880.00 400845 10/22/2020 YOUTH GUIDANCE DONATION FUND 6,249.99 400846 10/22/2020 EQ THE ENVIRONMENTAL QUALITY COMPANY 12,031.51 400847 10/22/2020 WINSUPPLY OF VERO BEACH 260.72 400848 10/22/2020 HELPING ANIMALS LIVE -OVERCOME 59.00 400849 10/22/2020 MURPHY & WALKER P L 1,073.00 400850 10/22/2020 OVERDRIVE INC 2,642.98 400851 10/22/2020 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 400852 10/22/2020 BERMUDA SANDS APPAREL LLC 1,670.56 400853 10/22/2020 ORLANDO FREIGHTLINER INC 219.35 400854 10/22/2020 VERO BEACH PARTNERSHIP 1,944.00 400855 10/22/2020 GFA INTERNATIONAL INC 11,062.50 400856 10/22/2020 CARDINAL HEALTH 110 INC 946.27 400957 10/22/2020 MUNICIPAL EMERGENCY SERVICES INC 680.81 TRANS NBR DATE VENDOR AMOUNT 400858 10/22/2020 ATLANTIC ROOFING 11 OF VERO BEACH INC 31,661.95 400859 10/22/2020 LEARNING ALLIANCE 30,113.75 400860 10/22/2020 KRAUS ASSOCIATES INC 22,475.00 400861 10/22/2020 THE LAW OFFICES OF 350.00 400862 10/22/2020 NAPIER & ROLLIN PLLC 1,342.50 400863 10/22/2020 KATHLEEN PARISOT 120.00 400864 10/22/2020 TREASURE COAST COMMUNITY HEALTH INC 72,050.00 400865 10/22/2020 COSTELLO BROTHERS MARINE CONSTRUCTION INC 15,000.00 400866 10/22/2020 BAUER INTERNATIONAL PURVEYORS LLC 8,390.00 400867 10/22/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,135.00 400868 10/22/2020 INDIAN RIVER LACROSSE ASSOCIATION INC 6,000.00 400869 10/22/2020 UNIFIRST CORPORATION 552.56 400870 10/22/2020 MOTION PICTURE LICENSING CORPORATION 670.57 400871 10/22/2020 CDA SOLUTIONS INC 19,148.57 400872 10/22/2020 WILSON SPORTING GOODS CO 2,531.76 400873 10/22/2020 BARSALOU VENTURES LLC 361.88 400874 10/22/2020 AC VETERINARY SPECIALTY SERVICES 222.94 400875 10/22/2020 COVERALL NORTH AMERICA INC 2,230.00 400876 10/22/2020 MATHESON TRI-GAS INC 2,025.08 400877 10/22/2020 UNITED AGAINST POVERTY INC 10,642.00 400878 10/22/2020 WILLIS SPORTS ASSOCIATION INC 2,772.74 400879 10/22/2020 COLE AUTO SUPPLY INC 450.46 400880 10/22/2020 RICHARD B VOTAPKA 73.45 400881 10/22/2020 ENVIRONMENTAL OPERATING SOLUTION INC 8,118.25 400882 10/22/2020 STUART RUBBER STAMP & SIGN CO INC 140.03 400883 10/22/2020 CORE & MAIN LP 46,086.60 400884 10/22/2020 SECURE BY DESIGN INC 600.00 400885 10/22/2020 DJD EQUIPMENT HOLDINGS LLC 2,514.60 400886 10/22/2020 ABISCOM INC 475.45 400887 10/22/2020 TYKES & TEENS INC 14,044.19 400888 10/22/2020 REXEL USA INC 553.95 400889 10/22/2020 ENGINEERED SERVICES INC 750.00 400890 10/22/2020 DIRECTV GROUP INC 137.06 400891 10/22/2020 COASTAL WATERWAYS DESIGN & ENGINEERING LLC 10,295.00 400892 10/22/2020 TETRA TECH INC 8,541.64 400893 10/22/2020 HINTERLAND GROUP INC 58,305.00 400894 10/22/2020 STATE OF FLORIDA 10,261.02 400895 10/22/2020 AMAZON CAPITAL SERVICES INC 1,179.65 400896 10/22/2020 PIRATE PEST CONTROL LLC 9.00 400897 10/22/2020 KINDERGARTEN READINESS COLLABORATIVE 344.52 400898 10/22/2020 HOPPING GREEN & SAMS PA 405.00 400899 10/22/2020 RAUNO J KIRVES 1,510.00 400900 10/22/2020 THE HOPE FOR FAMILIES CENTER INC 5,043.40 400901 10/22/2020 DIGITAL GOLF TECHNOLOGIES INC 320.00 400902 10/22/2020 JORDAN POWER EQUIPMENT CORP 121.95 400903 10/22/2020 LIBERTY TIRE RECYCLING LLC 1,412.97 400904 10/22/2020 R&S RADIO LLC 975.00 400905 10/22/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 185.70 400906 10/22/2020 DESK SPINCO INC 979.23 400907 10/22/2020 TELEFLEX LLC 4,400.00 400908 10/22/2020 WITT O'BRIEN'S LLC 310.00 400909 10/22/2020 STAPLES INC 27.90 400910 10/22/2020 STAPLES INC 179.15 400911 10/22/2020 LOWES COMPANIES INC 1,927.27 400912 10/22/2020 PEOPLEREADY INC 520.00 400913 10/22/2020 GOMEZ BROTHERS ENTERPRISES INC 2,158.00 400914 10/22/2020 BISSINO CONSTRUCTION CO INC 4,800.00 400915 10/22/2020 SONRISE APARTMENT PROPERTIES LLC 2,379.00 400916 10/22/2020 CONSOR ENGINEERS LLC 93,006.92 400917 10/22/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 2,918.00 9 TRANS NBR DATE VENDOR AMOUNT 400918 10/22/2020 JLA GEOSCIENCES INC 360.00 400919 10/22/2020 SOURCE MOLECULAR CORPORATION 3,960.00 400920 10/22/2020 J -MAC CLEANING SERVICES INC 4,833.33 400921 10/22/2020 BLUEBEAM INC 3,553.75 400922 10/22/2020 ALUMA TOWER COMPANY INC 6,510.00 400923 10/22/2020 BRITTON INDUSTRIES INC 143.20 400924 10/22/2020 MICROSOFT CORPORATION 1,198.00 400925 10/22/2020 AUE CONSTRUCTION GROUP LLC 7,050.00 400926 10/22/2020 RANDSTAD NORTH AMERICA INC 745.77 400927 10/22/2020 PEOPLE READY FLORIDA INC 520.00 400928 10/22/2020 MR COOPER GROUP INC 3,546.12 400929 10/22/2020 RANDALL CORPORATION OF AMERICA 2,121.11 400930 10/22/2020 MISS SAIGON RESTAURANT - 5,000.00 400931 10/22/2020 MIND YOUR MANORS LLC 5,000.00 400932 10/22/2020 ART WORKS OF VERO LLC 5,000.00 400933 10/22/2020 T MCGUIRE INC 5,000.00 400934 10/22/2020 TUAN T NGUYEN 5,000.00 400935 10/22/2020 CRAB STOP SEAFOOD BAR & GRILL II LLC 5,000.00 400936 10/22/2020 WEISS FAMILY ENTERPRISES LLC 5,000.00 400937 10/22/2020 DAVID EUGENE LLC 5,000.00 400938 10/22/2020 TICKET TO PARADISE TRAVEL INC 5,000.00 400939 10/22/2020 HAROLD BIRDWELL 2,149.18 400940 10/22/2020 DINSMORE & SHOHL LLP 444.71 400941 10/22/2020 UTIL REFUNDS 39.16 400942 10/22/2020 UTIL REFUNDS 72.64 400943 10/22/2020 UTIL REFUNDS 658.43 400944 10/22/2020 UTEL REFUNDS 23.72 400945 10/22/2020 UTIL REFUNDS 61.20 400946 10/22/2020 UTIL REFUNDS 49.87 400947 10/22/2020 UTIL REFUNDS 50.95 400948 10/22/2020 UTIL REFUNDS 179.35 400949 10/22/2020 UTIL REFUNDS 55.96 400950 10/22/2020 UTIL. REFUNDS 34.31 400951 10/22/2020 UTIL REFUNDS 42.06 400952 10/22/2020 UTIL REFUNDS 38.42 400953 10/22/2020 UTIL REFUNDS 117.06 400954 10/22/2020 UTIL REFUNDS 9.29 400955 10/22/2020 UTIL REFUNDS 26.98 400956 10/22/2020 UTIL REFUNDS 31.90 400957 10/22/2020 UTIL REFUNDS 84.95 400958 10/22/2020 UTIL REFUNDS 57.55 400959 10/22/2020 UTIL REFUNDS 68.60 400960 10/22/2020 UTIL REFUNDS 67.45 400961 10/22/2020 UTIL REFUNDS 153.10 400962 10/22/2020 UTIL REFUNDS 34.41 400963 10/22/2020 UTIL REFUNDS 55.06 400964 10/22/2020 UTIL REFUNDS 65.84 400965 10/22/2020 UTIL REFUNDS 92.58 400966 10/22/2020 UTIL REFUNDS 43.34 400967 10/22/2020 UTIL REFUNDS 48.71 400968 10/22/2020 UTIL REFUNDS 40.67 400969 10/22/2020 UTIL REFUNDS 72.06 400970 10/22/2020 UTIL REFUNDS 38.03 400971 10/22/2020 UTIL REFUNDS 11.04 400972 10/22/2020 UTIL REFUNDS 102.25 400973 10/22/2020 UTIL REFUNDS 69.36 400974 10/22/2020 UTIL REFUNDS 111.44 400975 10/22/2020 UTIL REFUNDS 82.27 400976 10/22/2020 UTIL REFUNDS 87.96 400977 10/22/2020 UTIL REFUNDS 40.42 10 TRANS NBR DATE VENDOR 400978 10/22/2020 UTIL REFUNDS 400979 10/22/2020 UTIL REFUNDS 400980 10/22/2020 UTIL REFUNDS 400981 10/22/2020 UTIL REFUNDS 400982 10/22/2020 UTIL REFUNDS 400983 10/22/2020 UTIL REFUNDS 400984 10/22/2020 UTIL REFUNDS 400985 10/22/2020 UTIL REFUNDS 400986 10/22/2020 UTIL REFUNDS 400987 10/22/2020 UTIL REFUNDS Grand Total: AMOUNT 92.43 35.86 48.47 86.02 72.93 32.67 42.96 87.09 46.86 106.38 2,632,506.71 11 TRANS NBR 900817 900818 900819 900820 900821 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE VENDOR 10/16/2020 GRACES LANDING LTD 10/22/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 10/22/2020 FOUNDATION FOR AFFORDABLE RENTAL 10/22/2020 WATSON REALTY GROUP 10/22/2020 PORTLAND HOUSING AUTHORITY AMOUNT 10,329.00 480.00 158.06 473.00 1,828.04 13,268.10 12 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017271 10/16/2020 OFFICE DEPOT INC 1,192.61 1017272 10/16/2020 AT&T CORP 1,061.03 1017273 10/16/2020 WASTE MANAGEMENT INC OF FLORIDA 946.21 1017274 10/19/2020 NORTH SOUTH SUPPLY INC 591.05 1017275 10/19/2020 UNIVERSAL SIGNS & ACCESSORIES 1,095.00 1017276 10/19/2020 MEEKS PLUMBING INC 5,603.00 1017277 10/19/2020 WORLD INDUSTRIAL EQUIPMENT INC 10,866.64 1017278 10/19/2020 WIGINTON CORPORATION 494.00 1017279 10/19/2020 PRIDE ENTERPRISES 3,269.43 1017280 10/19/2020 STRYKER SALES CORP 1,625.00 1017281 10/19/2020 RECHTIEN INTERNATIONAL TRUCKS 278.30 1017282 10/19/2020 METRO FIRE PROTECTION SERVICES INC 178.00 1017283 10/19/2020 STAT MEDICAL DISPOSAL INC 275.00 1017284 10/19/2020 RADWELL INTERNATIONAL INC 285.34 1017285 10/19/2020 PACE ANALYTICAL SERVICES LLC 11,516.50 1017286 10/22/2020 AT&T CORP 36.00 1017287 10/22/2020 OFFICE DEPOT INC 1,778.12 1017288 10/22/2020 WASTE MANAGEMENT INC OF FLORIDA 10,874.64 1017289 10/22/2020 AT&T CORP 2,593.97 1017290 10/22/2020 COMCAST 128.78 1017291 10/22/2020 PARKS RENTAL & SALES INC 495.00 1017292 10/22/2020 INDIAN RIVER BATTERY 394.35 1017293 10/22/2020 CENTER POINT INC 5,268.78 1017294 10/22/2020 ALLIED UNIVERSAL CORP 2,542.79 1017295 10/22/2020 WORLD INDUSTRIAL EQUIPMENT INC 14,563.00 1017296 10/22/2020 COMO OIL COMPANY OF FLORIDA 32.00 1017297 10/22/2020 RECHTIEN INTERNATIONAL TRUCKS 612.82 1017298 10/22/2020 SPINNAKER VERO INC 75.34 1017299 10/22/2020 GUARDIAN ALARM OF FLORIDA LLC 3,336.50 1017300 10/22/2020 NEXAIR LLC 95.69 1017301 10/22/2020 PACE ANALYTICAL SERVICES LLC 1,116.00 1017302 10/22/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 Grand Total: 83,275.79 13 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8054 10/16/2020 KIMLEY HORN & ASSOC INC 1,440.00 8055 10/16/2020 CULTURAL COUNCIL OF IRC 370.00 8056 10/16/2020 CITY OF SEBASTIAN 363,000.00 8057 10/16/2020 VETERANS COUNCIL OF I R C 3,841.49 8058 10/16/2020 VEROTOWN LLC 10,524.46 8059 10/16/2020 RX BENEFITS INC 272,060.84 8060 10/16/2020 CDM SMITH INC 22,166.75 8061 10/16/2020 IRC FIRE FIGHTERS ASSOC 10,070.12 8062 10/16/2020 FL SDU 4,754.84 8063 10/16/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 65,680.16 8064 10/16/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 8,226.62 8065 10/16/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,644.47 8066 10/19/2020 SCHOOL DISTRICT OF I R COUNTY 78,368.00 8067 10/19/2020 IRS -PAYROLL TAXES 486,387.69 8068 10/20/2020 IRS -PAYROLL TAXES 681.33 8069 10/20/2020 ATLANTIC COASTAL LAND TITLE CO LLC 7,126.00 8070 10/20/2020 SENIOR RESOURCE ASSOCIATION 234,839.58 8071 10/21/2020 SENIOR RESOURCE ASSOCIATION 51,211.80 8072 10/22/2020 KDvILEY HORN & ASSOC INC 18,249.89 8073 10/22/2020 IRC CHAMBER OF COMMERCE 6,339.23 8074 10/22/2020 IRC CHAMBER OF COMMERCE 55,685.23 8075 10/22/2020 NATIONAL METERING SERVICES INC 37,520.55 8076 10/22/2020 ATLAS ORGANICS INDIAN RIVER LLC 134,745.73 Grand Total: 1,884,934.78 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 29, 2020 g+Gompp •% ql�" y �9 p ryR��FR COU��j f� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 23, 2020 to October 29, 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 October 23, 2020 to October 29, 2020. 15 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 400988 10/28/2020 PAUL CARONE 5,316.00 400989 10/28/2020 WILLIE C REAGAN 2,354.00 400990 10/28/2020 LARRY STALEY 639.00 400991 10/28/2020 DAVID SPARKS 1,407.00 400992 10/28/2020 FORT PIERCE HOUSING AUTHORITY 725.00 400993 10/28/2020 THE PALMS AT VERO BEACH 2,355.00 400994 10/28/2020 ARTHUR PRUETT 756.00 400995 10/28/2020 MICHAEL JAHOLKOWSKI 547.00 400996 10/28/2020 STEVEN RENNICK 661.00 400997 10/28/2020 ROBERT L BRACKETT 780.00 400998 10/28/2020 SUNCOAST REALTY & RENTAL MGMT LLC 641.00 400999 10/28/2020 PAMELA R CUMMINGS 689.00 401000 10/28/2020 SYLVESTER MC INTOSH 633.00 401001 10/28/2020 OKEECHOBEE PARTNERS LLC 807.00 401002 10/28/2020 MISS INC OF THE TREASURE COAST 1,748.00 401003 10/28/2020 DANIEL CORY MARTIN 3,357.00 401004 10/28/2020 FIVE STAR PROPERTY HOLDING LLC 1,060.00 401005 10/28/2020 VAL APTS LLC 852.00 401006 10/28/2020 AUGUSTUS B FORT JR 785.00 401007 10/28/2020 H&H SHADOWBROOK LLC 657.00 401008 10/28/2020 VERO BEACH PLACE LLC 2,133.00 401009 10/28/2020 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,129.00 401010 10/28/2020 ALIX DENEAU 750.00. 401011 10/28/2020 NKW PIP HOLDINGS I LLC 3,268.00 401012 10/28/2020 BRANDON ROUER 1,515.00 401013 10/28/2020 HUDSON CONSULTING & MANAGEMENT LLC 868.00 401014 10/28/2020 PAMELA CHAVEZ 744.00 401015 10/28/2020 PHILIPPE ALEXANDER 700.00 401016 10/28/2020 STANLEY L JENNINGS 762.00 401017 10/28/2020 SHARON P BRENNAN 661.00 401018 10/28/2020 CORNELIA H LAHEY 1,126.00 401019 10/28/2020 IXORIA LLC 711.00 401020 10/28/2020 DEEP REAL ESTATE INC 487.00 401021 10/28/2020 SHAUNA WALGRAVE 950.00 401022 10/28/2020 A PLUS PROPERTY MANAGEMENT INC 6,247.00 401023 10/28/2020 ORCHARD GROVE VENTURE LLC 2,507.00 401024 10/28/2020 GEORGIA KING LLC 757.00 401025 10/28/2020 BREGO PROPERTIES LLC 2,971.00 401026 10/28/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 858.00 401027 10/28/2020 YELLOW RING HOLDINGS LLC 911.00 401028 10/28/2020 SREIT LEXINGTON CLUB LLC 3,963.00 401029 10/28/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 808.00 401030 10/28/2020 MARLBROS HOLDINGS LLC 1,036.00 401031 10/28/2020 JARROD CANNON 2,118.00 401032 10/28/2020 REPUBLIC SERVICES INC 314,840.64 401033 10/28/2020 CLERK OF CIRCUIT COURT 0.00 401034 10/28/2020 INDIAN RIVER COUNTY HEALTH DEPT 61,555.83 401035 10/28/2020 VICTIM ASSISTANCE PROGRAM 6,310.58 401036 10/28/2020 ROGER J NICOSIA 1,500.00 401037 10/28/2020 CITY OF VERO BEACH 1,234.23 401038 10/28/2020 CITY OF VERO BEACH 2,230.27 401039 10/28/2020 CITY OF VERO BEACH 11,987.50 401040 10/28/2020 UNITED WAY OF INDIAN RIVER COUNTY 1,037.00 401041 10/28/2020 TREASURE COAST HOMELESS SERVICES 5,031.53 401042 10/28/2020 FLORIDA POWER AND LIGHT 2,040.97 401043 10/28/2020 FLORIDA POWER AND LIGHT 1,459.45 401044 10/28/2020 G K ENVIRONMENTAL INC 8,750.00 401045 10/28/2020 ST LUCIE COUNTY BOCC 40,795.83. 16 TRANS NBR DATE VENDOR AMOUNT 401046 10/28/2020 COASTAL TECHNOLOGY CORPORATION 7,000.00 401047 10/28/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 401048 10/28/2020 NORTH CAROLINA CHILD SUPPORT 105.69 401049 10/28/2020 THOMAS C CLARK 3,000.00 401050 10/28/2020 GUETTLER BROTHERS CONSTRUCTION LLC 43,404.78 401051 10/28/2020 AUGUSTUS B FORT JR 144.00 401052 10/28/2020 TOTAL ADMINISTRATIVE SERVICES CORP 840.84 401053 10/28/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 401054 10/28/2020 PJD HOLDINGS LLC 500.00 401055 10/28/2020 TX CHILD SUPPORT SDU 163.85 401056 10/28/2020 PRODUCTION BASICS INC 9,122.40 401057 10/28/2020 MOES FAMILY DELI INC 5,000.00 401058 10/28/2020 ANDREWS HIT OR MISS ENTERPRISES LLC 5,000.00 401059 10/28/2020 JONATHAN MARTIN 2,700.00 401060 10/28/2020 LAKEWOOD VILLAGE MHC LLC 1,572.00, 401061 10/28/2020 CENLAR FSB 3,000.00 401062 10/28/2020 JUDY WU-HAMEL 2,400.00 Grand Total: 608,799.69 17 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017303 10/28/2020 PARKS RENTAL & SALES INC 140.00 1017304 10/28/2020 INDIAN RIVER OXYGEN INC 312.50 1017305 10/28/2020 MIKES GARAGE & WRECKER SERVICE INC 320.00 1017306 10/28/2020 DAVES SPORTING GOODS & TROPHIES 49.50 1017307 10/28/2020 APPLE INDUSTRIAL SUPPLY CO 1,959.89 1017308 10/28/2020 GALLS LLC 358.40 1017309 10/28/2020 ABCO GARAGE DOOR CO INC 389.00 1017310 10/28/2020 ALLIED UNIVERSAL CORP 12,438.89: 1017311 10/28/2020 COMO OIL COMPANY OF FLORIDA 57.54 1017312 10/28/2020 COMPLETE ELECTRIC INC 11,800.00 1017313 10/28/2020 HARCROS CHEMICALS, INC. 1,173.62 1017314 10/28/2020 CUMMINS INC 991.10 1017315 10/28/2020 STAT MEDICAL DISPOSAL INC 550.00 1017316 10/28/2020 WRIGHT FASTENER COMPANY LLC 408.00 1017317 10/28/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1017318 10/28/2020 GUARDIAN ALARM OF FLORIDA LLC 135.00 1017319 10/28/2020 NEXAIR LLC 117.02 1017320 10/28/2020 EFE INC 412.92 1017321 10/28/2020 PACE. ANALYTICAL SERVICES LLC 11,549.50 1017322 10/28/2020 AT&T CORP 7,758.16 1017323 10/28/2020 OFFICE DEPOT INC 268.77 1017324 10/28/2020 COMCAST 6.99 1017325 10/28/2020 WASTE MANAGEMENT INC OF FLORIDA 344.49 Grand Total: 51,626.29 18 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 8077 10/28/2020 8078 10/28/2020 8079 10/28/2020 8080 10/28/2020 8081 10/28/2020 8082 10/29/2020 Grand Total: VENDOR KIMLEY HORN & ASSOC INC VEROTOWN LLC VEROTOWN LLC C E R SIGNATURE CLEANING COALITION FOR ATTAINABLE HOMES INC RX BENEFITS INC AMOUNT 32,998.00 1,476.00 15,950.00. 11,491.00 1,803.00 227,126.26 290,844.26 19 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: " JEFFREY R. SMITH, COMPTROLLER DATE:, November 5, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 30, 2020 to November 5, 2020 comp". R�yFR COU10"� 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 October 30, 2020 to November 5, 2020. 20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 401063 11/04/2020 COMMUNICATIONS INTERNATIONAL 611.44 401064 11/04/2020 RANGER CONSTRUCTION IND INC 2,327.34 401065 11/04/2020 VERO CHEMICAL DISTRIBUTORS INC 1,468.40 401066 11/04/2020 PALMDALE OIL COMPANY INC 52,132.73 401067 11/04/2020 RICOH USA INC 162.98 401068 11/04/2020 RICOH USA INC 264.48 401069 11/04/2020 HENRY SCHEIN INC 3,446.86 401070 11/04/2020 AT&T WIRELESS 3,152.07 401071 11/04/2020 THOMAS P WHITE 40.00 401072 11/04/2020 PARALEE COMPANY INC 1,200.00 401073 11/04/2020 DELTA SUPPLY CO 59.21 401074 11/04/2020 GRAINGER 125.10 401075 11/04/2020 VERO MARINE CENTER INC 155.65 401076 11/04/2020 GRAYBAR ELECTRIC 1,192.94 401077 11/04/2020 REPUBLIC SERVICES INC 278,775.31 401078 11/04/2020 CHANDLER EQUIPMENT CO INC 326.08 401079 11/04/2020 LFI FORT PIERCE INC 745.50 401080 11/04/2020 AVERY DENNISON CORPORATION 2,184.00 401081 11/04/2020 BOUND TREE MEDICAL LLC 5,650.12 401082 11/04/2020 ECOTECH CONSULTANTS INC 6,273.00 401083 11/04/2020 CITY ELECTRIC SUPPLY COMPANY 31.92 401084 11/04/2020 CHILDCARE RESOURCES OF IRC INC 66,580.72 401085 11/04/2020 MYRON L COMPANY 409.65 401086 11/04/2020 UTILITY SERVICE CO INC 5,329.00 401087 11/04/2020 BAKER & TAYLOR INC 6,841.69 401088 11/04/2020 MIDWEST TAPE LLC 632.49 401089 11/04/2020 PRIZE POSSESSIONS 402.10 401090 11/04/2020 VERO COLLISION CENTER 3,134.43 401091 11/04/2020 NEWSBANK INC 35,957.00 401092 11/04/2020 CENGAGE LEARNING INC 10,174.91 401093 11/04/2020 PALM TRUCK CENTERS INC 318.52 401094 11/04/2020 SOFTWARE HARDWARE INTEGRATION 1,549.04 401095 11/04/2020 FLORIDA ASSOCIATION OF COUNTIES INC 100.00 401096 11/04/2020 BOYS & GIRLS CLUB OF INDIAN 7,500.00 401097 11/04/2020 INDIAN RIVER COUNTY HEALTH DEPT 2,100.00 401098 11/04/2020 INDIAN RIVER COUNTY HEALTH DEPT 70.00 401099 11/04/2020 CITY OF VERO BEACH 450.11 401100 11/04/2020 AT&T CORP 3,256.41 401101 11/04/2020 EBSCO INDUSTRIES INC 19,307.00 401102 11/04/2020 JANITORIAL DEPOT OF AMERICA INC 59.98 401103 11/04/2020 TREASURE COAST HOMELESS SERVICES 3,817.50 401104 11/04/2020 PUBLIX SUPERMARKETS 32.41 401105 11/04/2020 UNIVERSITY OF FLORIDA 590.83 401106 11/04/2020 INTERNATIONAL GOLF MAINTENANCE INC 99,675.46 401107 11/04/2020 GEOSYNTEC CONSULTANTS INC 6,469.65 401108 11/04/2020 ST JOHNS RIVER WATER MGMT DISTRICT 2,110.00 401109 11/04/2020 FEDERAL EXPRESS CORP 365.55 401110 11/04/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 63.92 401111 11/04/2020 TYLER TECHNOLOGIES INC 58,100.00 401112 11/04/2020 FAMOSO INC 745.50 401113 11/04/2020 CITY OF SEBASTIAN 24,682.90 401114 11/04/2020 CALLAWAY GOLF SALES COMPANY 2,439.39 401115 11/04/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 19,848.07 401116 11/04/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 20,910.90 401117 11/04/2020 FLORIDA POWER AND LIGHT 129,652.56 401118 11/04/2020 FLORIDA POWER AND LIGHT 2,771.10 401119 11/04/2020 AMERICAN PLANNING ASSOCIATION 1,150.00 401120 11/04/2020 EPSILON SIGMA PHI 150.00 21 TRANS NBR DATE VENDOR AMOUNT 401121 11/04/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 18,489.22 401122 11/04/2020 CITY OF FELLSMERE 45.88 401123 11/04/2020 NSI ALPHA CORPORATION 994.00 401124 11/04/2020 CATHOLIC CHARITIES DIOCESE OF PALM BCH 8,485.88 401125 11/04/2020 LANGUAGE LINE SERVICES INC 59.83 401126 11/04/2020 TOCOMA RUBBER STAMP & MARKING SYSTEM 21.19 401127 11/04/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 45.00 401128 11/04/2020 SHERILEE D PARSELL 182.50 401129 11/04/2020 TREASURE COAST SPORTS COMMISSION INC 4,195.91 401130 11/04/2020 BUILDING OFFICIALS ASSOC OF FLORIDA 1,350.00 401131 11/04/2020 IRC HEALTHY START COALITION INC 7,500.00 401132 11/04/2020 IRC HEALTHY START COALITION INC 7,078.64 401133 11/04/2020 IRC HEALTHY START COALITION INC 2,499.99 401134 11/04/2020 IRC HEALTHY START COALITION INC 21,065.52 401135 11/04/2020 FLORIDA STATE GOLF ASSOCIATION 270.00 401136 11/04/2020 GREY HOUSE PUBLISHING 5,620.00 401137 11/04/2020 COUNTY VETERAN SERVICE OFFICERS 120.00 401138 11/04/2020 THE FLORIDA BAR 150.00 401139 11/04/2020 JOHN BROWN & SONS INC 17,840.00 401140 11/04/2020 CHILDRENS HOME SOCIETY OF FL 11,088.11 401141 11/04/2020 INTERNATIONAL CODE COUNCIL INC 265.00 401142 11/04/2020 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 401143 11/04/2020 BRIDGESTONE AMERICAS INC 1,855.92 401144 11/04/2020 FAE4-HA 140.00 401145 11/04/2020 ENVISIONWARE INC 8,236.50 401146 11/04/2020 SHRIEVE CHEMICAL CO 4,102.82 401147 11/04/2020 ECONOLITE CONTROL PRODUCTS INC 70,800.00 401148 11/04/2020 PELICAN ISLAND AUDUBON SOCIETY INC 2,298.68 401149 11/04/2020 ARCADIS U S INC 23,551.00 401150 11/04/2020 CELICO PARTNERSHIP 340.32 401151 11/04/2020 CINTAS CORPORATION NO 2 53.90 401152 11/04/2020 U S BANK NATIONAL ASSOCIATION 944.69 401153 11/04/2020 ELECTRONIC ACCESS SPECIALIST 142.38 401154 11/04/2020 BIG BROTHERS AND BIG SISTERS 2,500.00 401155 11/04/2020 BIG BROTHERS AND BIG SISTERS 12,376.05 401156 11/04/2020 DASIE BRIDGEWATER HOPE CENTER INC 10,720.80 401157 11/04/2020 FASTENAL COMPANY 737.97 401158 11/04/2020 OTC DIRECT INC 824.81 401159 11/04/2020 COASTAL TECHNOLOGY CORPORATION 13,715.00 401160 11/04/2020 SOUTHERN JANITOR SUPPLY INC 4,016.74 401161 11/04/2020 MASTELLER & MOLER INC 3,805.00 401162 11/04/2020 ETR LLC 1,896.75 401163 11/04/2020 HEVERON GROUP INC 22,166.16 401164 11/04/2020 GLOVER OIL COMPANY INC 27,147.63 401165 11/04/2020 ORCHID ISLAND PROPERTY MGMT 11 INC 500.00 401166 11/04/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,944.14 401167 11/04/2020 JOHNNY B SMITH 125.00 401168 11/04/2020 POWER -TEL UTILITY PRODUCTS INC 840.00 401169 11/04/2020 GLOBALSTAR USA 196.20 401170 11/04/2020 CHARLES A WALKER 50.00 401171 11/04/2020 FISHER & PHILLIPS LLP 980.00 401172 11/04/2020 REDLANDS CHRISTIAN MIGRANT ASSOC 18,251.03 401173 11/04/2020 PROQUEST LLC 9,514.55 401174 11/04/2020 TREASURE COAST FOOD BANK INC 109.46 401175 11/04/2020 DANA SAFETY SUPPLY INC 9,736.00 401176 11/04/2020 FLEETBOSS G P S INC. 5,391.00 401177 11/04/2020 NICOLACE MARKETING INC 5,989.75 401178 11/04/2020 WINSUPPLY OF VERO BEACH 81.06 401179 11/04/2020 SNYDER PLUMBING OF THE TREASURE COAST INC 2,296.00 401180 11/04/2020 FLORIDA ARMATURE WORKS INC 2,275.00 22 TRANS NBR DATE VENDOR AMOUNT 401181 11/04/2020 OVERDRIVE INC 741.37 401182 11/04/2020 KEITH GROCHOLL 125.00 401183 11/04/2020 ALAN JAY CHEVROLET CADILLAC 69,446.00 401184 11/04/2020 MOORE MOTORS INC 159.00 401185 11/04/2020 JOSHUA HARVEY GHIZ 1,625.00 401186 11/04/2020 EASY PICKER GOLF PRODUCTS INC 3,988.12 401187 11/04/2020 MUNICIPAL EMERGENCY SERVICES INC 6,557.98 401188 11/04/2020 ALEX MIKLO 50.00 401189 11/04/2020 BURNETT LIME CO INC 22,939.90 401190 11/04/2020 STRAIGHT OAK LLC 51.90 401191 11/04/2020 STEWART & STEVENSON FDDA LLC 421.00 401192 11/04/2020 C E R SIGNATURE CLEANING 2,600.00 401193 11/04/2020 CHEMTRADE CHEMICALS CORPORTATION 2,863.71 401194 11/04/2020 FLORIDA DESIGN DRILLING CORP 24,474.00 401195 11/04/2020 DATABASES USA LLC 6,293.00 401196 11/04/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,611.72 401197 11/04/2020 SYLIVIA MILLER 104.00 401.198 11/04/2020 HAWKINS INC 1,015.00 401199 11/04/2020 ANFIELD CONSULTING GROUP INC 10,000.00 401200 11/04/2020 INNOVATIVE INTERFACES INC 32,663.05 401201 11/04/2020 UNIFIRST CORPORATION 3,247.26 401202 11/04/2020 CDA SOLUTIONS INC 8,016.63 401203 11/04/2020 WILSON SPORTING GOODS CO 238.23 401204 11/04/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 248.36 401205 11/04/2020 GOTTA GO GREEN ENTERPISES INC 517.36 401206 11/04/2020 CENTRAL FLORIDA EXPRESSWAY 6.38 401207 11/04/2020 BARSALOU VENTURES LLC 604.45 401208 11/04/2020 ADVANCE STORES COMPANY INCORPORATED 42.95 401209 11/04/2020 AWC INC 1,631.54 401210 11/04/2020 THE GIFFORD FLORIDA YOUTH ORCHESTRA 14,100.00 401211 11/04/2020 CROSSOVER MISSION 17,498.01 401212 11/04/2020 EAST COAST RECYCLING INC 2,768.25 401213 11/04/2020 AC VETERINARY SPECIALTY SERVICES 98.00 401214 11/04/2020 TRIHEDRAL INC 9,517.50 401215 11/04/2020 CDW LLC 1,145.30 401216 11/04/2020 MATHESON TRI-GAS INC 10,529.40 401217 11/04/2020 ROBERT O RICHARDSON III 200.00 401218 11/04/2020 CREATIVE EMPIRE LLC 5,182.92 401219 11/04/2020 COLE AUTO SUPPLY INC 2,730.68 401220 11/04/2020 KREMEDY LLC 1,160.00 401221 11/04/2020 PRP CONSTRUCTION GROUP LLC 62,797.95 401222 11/04/2020 SECURITAS ELECTRONIC SECURITY INC 76,748.61 401223 11/04/2020 NESTLE WATERS NORTH AMERICA 240.71 401224 11/04/2020 STUART RUBBER STAMP & SIGN CO INC 85.53 401225 11/04/2020 CORE & MAIN LP 124,211.06 401226 11/04/2020 WOERNER AGRIBUSINESS LLC 1,719.00 401227 11/04/2020 REXEL USA INC 2,108.23 401228 11/04/2020 TETRA TECH INC 25,713.10 401229 11/04/2020 EMPIRE PIPE ORLANDO LLC 79,800.00 401230 11/04/2020 TYCO FIRE & SECURITY MANAGEMENT INC 6,274.98 401231 11/04/2020 STATE OF FLORIDA 8,471.24 401232 11/04/2020 CORNELIUS VAN DONGEN 28.49 401233 11/04/2020 DECKS & DOCKS LUMBER COMPANY INC 595.20 401234 11/04/2020 AMAZON CAPITAL SERVICES INC 5,242.96 401235 11/04/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 401236 11/04/2020 AMERIGAS PROPANE LP 2,732.88 401237 11/04/2020 JOHN J DRISCOLL 225.00 401238 11/04/2020 DAVID MIKE 50.00 401239 11/04/2020 JORDAN POWER EQUIPMENT CORP 1,236.91 401240 11/04/2020 DEANGELO BROTHERS LLC 2,246.00 23 TRANS NBR DATE VENDOR AMOUNT 401241 11/04/2020 LIBERTY TIRE RECYCLING LLC 2,640.02 401242 11/04/2020 PC SOLUTIONS & INTEGRATION INC 2,050.20 401243 11/04/2020 COASTLINE COOLING LLC 80.30 4011244 11/04/2020 MULLINAX FORD OF VERO BEACH 20.68 4011245 11/04/2020 JUDITH A BURLEY 65.00 401246 11/04/2020 SAFEWARE INC 280.26 401247 11/04/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 580.96 401248 11/04/2020 DESK SPINCO INC 2,637.82 401249 11/04/2020 XGD SYSTEMS LLC 33,253.77 401250 11/04/2020 JO-ANN STORES HOLDING INC 4,000.00 401251 11/04/2020 FERGUSON US HOLDINGS INC 1,870.00 401252 11/04/2020 BLUE GOOSE CONSTRUCTION LLC 12,965.61 401253 11/04/2020 STAPLES INC 3,971.43 401254 11/04/2020 LOWES COMPANIES INC 3,052.46 401255 11/04/2020 PEOPLEREADY INC 3,744.00 401256 11/04/2020 SMI TRADING LLC 94.22 401257 11/04/2020 TOTAL GOLF CART LLC 399.96 401.258 11/04/2020 CHRIS ZAVESKY 100.00 401.259 11/04/2020 FM: SYSTEMS GROUP LLC 6,250.00 401260 11/04/2020 DEX IMAGING LLC 68.18 401261 11/04/2020 ROBERT A HUDSON 125.00 401262 11/04/2020 THEODORE SEMI 175.00 401263 11/04/2020 THALES CONSULTING INC 1,000.00 401264 11/04/2020 CARTEGRAPH SYSTEMS LLC 9,995.00 401265 11/04/2020 CARLON INC 1,391.70 401266 11/04/2020 BRITTON INDUSTRIES INC 396.31 401267 11/04/2020 RANDALL J STANTON 125.00 401268 11/04/2020 LAWRENCE LEE CONSTRUCTION SERVICES INC 21,600.00 401269 11/04/2020 COMPETITIVE DIVE BOARDS INC 266.00 401270 11/04/2020 RANDSTAD NORTH AMERICA INC 740.79 401271 11/04/2020 ALAMO GROUP INC 173,019.22 401272 11/04/2020 PEOPLE READY FLORIDA INC 5,966.40 401273 11/04/2020 TRAILHEAD LABS INC 1,000.00 401274 11/04/2020 VERO IMPLANT & ESTHETIC DENTISTRY 1,024.65 401275 11/04/2020 GAIL A BAZINET 60.00 401276 11/04/2020 PROSPECTSELECT BASEBALL, INC. 1,500.00 401277 11/04/2020 SHELBY GRANT 5,000.00 401278 11/04/2020 ADZ LLC 5,000.00 401279 11/04/2020 CELICO PARTNERSHIP 300.23 401280 11/04/2020 ORCHID ISLAND PROPERTY MGMT II INC 19,800.00 401281 11/04/2020 REDLANDS CHRISTIAN MIGRANT ASSOC 7,473.70 401282 11/04/2020 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,455.38 401283 11/04/2020 UNIFIRST CORPORATION 218.83 401284 11/04/2020 COLE AUTO SUPPLY INC 23.57 401285 11/04/2020 KONICA MINOLTA BUSINESS SOLUTIONS 86.03 401286 11/04/2020 TYKES & TEENS INC 8,179.35 401287 11/04/2020 TETRA TECH INC 615.07 401288 11/04/2020 STAPLES INC 1,591.72 401289 11/04/2020 LOWES COMPANIES INC 114.87 401290 11/04/2020 PLAYCORE WISCONSIN INC 55,670.11 401291 11/04/2020 RITA STRICKLAND 42.63 Grand Total: 2,356,395.15 24 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900822 11/03/2020 GRACES LANDING LTD 10,383.00 900823 11/03/2020 WILLIE C REAGAN 468.00 900824 11/03/2020 BETTY DAVIS SCROGGS 772.00 900825 11/03/2020 CREATIVE CHOICE HOMES XVI LTD 16,619.00 900826 11/03/2020 DAVID YORK 577.00 900827 11/03/2020 ST FRANCIS MANOR OF VERO BEACH 632.00 900828 11/03/2020 TREASURE COAST HOMELESS SERVICES 3,199.00 900829 11/03/2020 FLORIDA POWER AND LIGHT 153.00 900830 11/03/2020 DAVID SPARKS 366.00 900831 11/03/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,447.00 900832 11/03/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,160.00 900833 11/03/2020 CRAIG MERRILL 743.00 900834 11/03/2020 THE PALMS AT VERO BEACH 16,846.00 900835 11/03/2020 DAVID CONDON 708.00 900836 11/03/2020 HILARY MCIVOR 466.00 900837 11/03/2020 PELICAN ISLES LP 7,034.00 900838 11/03/2020 SUNCOAST REALTY & RENTAL MGMT LLC 5,212.00 900839 11/03/2020 OAK RIVER PROPERTIES INC 221.00 900840 11/03/2020 ADINA GOLDMAN 709.00 900841 11/03/2020 INDIAN RIVER RDA LP 3,763.00 900842 11/03/2020 LAZY J LLC 1,712.00 900843 11/03/2020 JESSE LEWIS 778.00 900844 11/03/2020 SKOKIE HOLDINGS INC 679.00 900845 11/03/2020 OSLO VALLEY PROPERTIES INC 364.00 900846 11/03/2020 SAID S MOOBARK 1,393.00 900847 11/03/2020 OSCEOLA COUNTY SECTION 8 759.26 900848 11/03/2020 ANTHONY ARROYO 683.00 900849 11/03/2020 DANIEL CORY MARTIN 712.00 900850 11/03/2020 YVONNE KOUTSOFIOS 120.00 900851 11/03/2020 ALAN R TOKAR 656.00 900852 11/03/2020 VERO BEACH VILLAS I LLC 438.00 900853 11/03/2020 BRIAN E GALLAGHER 595.00 900854 11/03/2020 SCOT WILKE 207.00 900855 11/03/2020 FOUNDATION FOR AFFORDABLE RENTAL 27,952.00 900856 11/03/2020 RICHARD KUSSEROW 449.00 900857 11/03/2020 JOHN T STANLEY 953.00 900858 11/03/2020 WEDGEWOOD RENTALS LLC 1,676.00 900859 11/03/2020 MCLAUGHLIN PROPERTIES LLC 1,345.00 900860 11/03/2020 MYRIAM MELENDEZ 565.00 900861 11/03/2020 WATSON REALTY GROUP 1,888.00 900862 11/03/2020 SHER LLC 435.00 900863 11/03/2020 SUNQUESTAPRTMENTS LLC 2,689.00 900864 11/03/2020 PJD HOLDINGS LLC 1,150.00 900865 11/03/2020 ORCHARD GROVE VENTURE LLC 5,094.00 900866 11/03/2020 SONRISE APARTMENT PROPERTIES LLC 2,689.00 900867 11/03/2020 SREIT LEXINGTON CLUB LLC 21,023.00 900868 11/03/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 11,692.00 900869 11/03/2020 LAWRENCE C SALTER TRUST 463.00 900870 11/03/2020 B4 TC PROPERTIES LLC 855.00 900871 11/04/2020 CELICO PARTNERSHIP 14.34 Grand Total: 165,506.60 25 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017326 10/30/2020 AT&T CORP 2,925.25 1017327 10/30/2020 OFFICE DEPOT INC 1,539.65 1017328. 10/30/2020 COMCAST 177.82 1017329 10/30/2020 WASTE MANAGEMENT INC OF FLORIDA 403.33 1017330 11/03/2020 INDIAN RIVER BATTERY 112.45 1017331 11/03/2020 MEEKS PLUMBING INC 2,820.72 1017332 11/03/2020 IRRIGATION CONSULTANTS UNLMTED INC 39.68 1017333 11/03/2020 GROVE WELDERS INC 209.48 1017334 11/03/2020 RECHTIEN INTERNATIONAL TRUCKS 440.53 1017335 11/03/2020 AUTO PARTNERS LLC 982.04 1017336 11/03/2020 L&L DISTRIBUTORS 119.90 1017337 11/03/2020 RADWELL INTERNATIONAL INC 194.06 1017338 11/03/2020 HORIZON DISTRIBUTORS INC 445.00 1017339 11/03/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 4,000.00 1017340 11/03/2020 GUARDIAN ALARM OF FLORIDA LLC 1,747.00 1017341 11/03/2020 EFE INC 1,938.96 1017342 11/04/2020 HELENA CHEMICAL 3,160.35 1017343 11/04/2020 RECHTIEN INTERNATIONAL TRUCKS 795.18 1017344 11/04/2020 AT&T CORP 59.84 1017345 11/05/2020 OFFICE DEPOT INC 1,178.08 1017346 11/05/2020 COMCAST 69.95 1017347 11/05/2020 POLYDYNE INC 2,645.00 1017348 11/05/2020 WASTE MANAGEMENT INC OF FLORIDA 1,576.35 Grand Total: 27,580.62 26 ELECTRONIC PAYMENTS - WIRE & ACH TRANS DATE VENDOR AMOUNT NBR 8083 10/30/2020 IRC FIRE FIGHTERS ASSOC 10,030.00 8084 10/28/2020 TEAMSTERS LOCAL UNION #769 5,357.50 8085 10/28/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 39,140.00 8086 10/28/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,944.16 8087 10/28/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 66,936.07 8088 10/28/2020 CHARD SNYDER & ASSOCIATES INC 92.00 8089 10/30/2020 FL SDU 4,254.84 8090 10/30/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,577.17 8091 11/02/2020 ST LUCIE BATTERY & TIRE CO 1,030.00 8092 11/02/2020 CLERK OF CIRCUIT COURT 95,282.83 8093 11/02/2020 INDIAN RIVER COUNTY SHERIFF 4,532,390.32 8094 11/02/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 107,874.34 8095 11/02/2020 IRS -PAYROLL TAXES 498,706.28 8096 11/02/2020 CHARD SNYDER & ASSOCIATES INC 329.60 8097 11/02/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 1,496.55 8098 11/03/2020 ST LUCIE BATTERY & TIRE CO 30.90 8099 11/03/2020 INDIAN RIVER COUNTY SHERIFF 5,941.10 P -CARD 11/03/2020 TD BANK, N.A. 7,392.88 8100 11/04/2020 AMERICAN FAMILY LIFE ASSURANCE CO 21,544.22 8101 11/04/2020 FL RETIREMENT SYSTEM 1,090,504.00 8102 11/04/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 2,005.20 8103 11/05/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 1,140.00 8104 11/05/2020 MUTUAL OF OMAHA 19,636.34 8105 11/05/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,388.42 8106 11/05/2020 TOWN OF INDIAN RIVER SHORES 7,024.76 Grand Total: 6,542,049.48 27 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Award of Bid No. 2020053 Roseland Community Center Building & Site Improvements, IRC -1855 DATE: November 4, 2020 DESCRIPTION AND CONDITIONS On November 5, 2019, the Board of County Commissioners approved Work Order #12 with MBV Engineering, Inc. to design civil and structural plans for repairs to the Roseland Community Center located at 12925 83rd Avenue in Sebastian. The improvements will consist of floor and roof improvements to the existing building site work to include a handicapped parking space and sidewalk replacement, both conforming to ADA regulations and additional site work to improve drainage and eliminate soil erosion. A bid opening for the project was held on August 25, 2020. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID Kerns Construction & Property Management, Corp. Port St. Lucie, FL $232,431.00 Boromei Construction, Inc. Okeechobee, FL $247,000.00 Kerns Construction & Property. Management Corp. isconsidered to be the lowest, responsive, responsible bidder for the project with a bid totaling $232,431.00. This bid is $29,530.50 below the engineer's cost estimate of $261,961.50. Kerns Construction & Property Management Corp. completed a project for the County in a satisfactory manner and upon checking references staff has determined that Kerns Construction & Property Management Corp. has successfully completed similar construction projects. 28 FUNDING Funding for this expenditure is not currently budgeted but can be made available with a budget amendment from Optional Sales Tax/Cash Forward -Oct 1St to Optional Sales Tax/Facilities Mgmt./Roseland Community Center Improvements, Account No. 31522019-066510-18004 in the amount of $232,431.00 Account Name Account Number Optional Sales Tax/Facilities Mgmt./Roseland Community Center Improvements 31522019-066510-18004 RECOMMENDATION Staff recommends the project be awarded to Kerns Construction & Property Management Corp. in the amount of $232,431.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and the public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement Location Map AGENDA ITEM FOR NOVEMBER 17, 2020 29 SAMPLE AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: PROJECT DESCRIPTION: Site work: to include demolition of existing concrete sidewalk, retaining walls, stairs, removal of trees, and signs. New construction to include sidewalk, concrete parking spaces, drainage improvements, signage, and stripping. Structural work: to include removing interior floor sections, replacing masonry pier, replacing floor beams, replacing floor joists, leveling of floor, installing new flooring, remove existing roofing, rafter repairs, installing new roof sheeting and shingles, remove and replace doors, remount/ or reseal windows, remove and replace sections of wood siding, painting exterior, constructing new retaining wall, constructing new stairs, handrails, fencing. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) Bid Number: 2020053 Project Address: 1297383 RD AVENUE, SEBASTIAN, FL 32958 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 30 A. The Work will be substantially completed on or before the 120 calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 150 calendar day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,241.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Pay Requests. A. On a form provided by the OWNER, each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the 31 CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.02 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.03 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — PUBLIC CONSTRUCTION BOND 6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. 32 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences; and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 33 I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2020053; (2) CONTRACTOR'S Bid Form (pages 14 to 16, inclusive); (3) Drug Free Workplace Form (page 17); (4) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive); (5) Bidders Qualifications Questionnaire (pages 20 to 22, inclusive); (6) Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive); (7) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 25 (8) List of Subcontractors (page 26); (9) Civil Drawings Sheets C-1 to C-6 Structural Drawings Sheets S-1 to S-5 Total of 11 sheets (10) This Agreement (pages 27 to 36, inclusive); (11) Public Construction Bond (if applicable) (pages 37 to 39 inclusive); (12) Certificate of Liability Insurance (page 40); (13) Notice to Proceed (page 41); (14) Addenda (if applicable) to (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; 34 b) Work Change Directive(s); c) Change Order(s) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 35 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC.RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgovxom Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11- TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents;. (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; 36 (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contractor any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR . in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those. related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 37 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in. Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] W: IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Chairman Bylason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and. Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director Address: 180127th Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email:. iennis@irceov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 39 w 0 a z o �. 2J $ c rvloo O '•..1 �r. �T mo 0 -•••4 •`I' ? !)• ! �'!,a•• Ly. -� /tip J CO ^. WZZ � O Z�WZ�O�� w= I QQZpN .�. °u I z 0 Wm 00> II. y N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Work Order No. EM -1 with GK Environmental, Inc. for Maintenance of Invasive Vegetation Species AT Egret Marsh Stormwater Park DATE: November 6, 2020 DESCRIPTION AND CONDITIONS The purpose of this Work Order is to provide exotic vegetation control and elimination services at Egret Marsh Stormwater Park (Egret Marsh). GK Environmental, Inc. (GKE) provided these services through the end of fiscal year 2019/2020 and the intent of this Work Order is to continue the services as. GKE's exotic vegetation control work has been very good. GKE has submitted a not -to -exceed fee for the services for $38,500. FUNDING Funding for the project is provided for in FY 20/21 in Transportation Fund/Stormwater/Other Contractual Services, Egret Marsh, Acct #11128138-033490-05057. Funding Source Amount Transportation Fund/Stormwater/Other Contractual Services, Egret Marsh, Acct #11128138-033490-05057 $38,500 RECOMMENDATION Staff recommends the Board approve Work Order No. EM -1 in the amount of $38,500, executed by GK Environmental, Inc. and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Work Order No. EM -1 Exotic Control Exhibit A Attachment A - GKE WO EM -1 APPROVED AGENDA ITEM FOR NOVEMBER 17, 2020 41 EXIIIBIT A G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGER. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Email Qke a me.com October 25, 2020 Mr. Keith McCully, P.E. Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960-3388 RE: Professional Service Agreement for: 11.0 Ac. / Egret Marsh / 2 Lakes & Woodstork Island GKE Bi -Monthly Maintenance / 22 events Dear Keith, This letter is in response to the requested proposal for the above referenced project in Indian River County, Florida, for environmental services as generally required for Industry Standards. G. K. Environmental, Inc. (GKE) will be pleased to provide this scope of service under this contract, which is outlined below: TASK 1.0 GKE to provide bi-monthly exotic vegetation control at Egret Marsh (mowing not included) of the areas delineated in Attachment A. 1.1 Bi -monthly maintenance — 2 visits per month for 11 months / 22 visits (November .2020—September 2021) with boat, spray bike, backpacks, equipment, chemicals, and crew. $3,50.0.00 per month (22 visits) over 11 months = $38,500.00. This includes a 10 percent subcontractor markup per GKE's continuing services contract ($3,850.00). 42 J GKE FEES / COMPENSATION Invoices will be submitted following work completed at GKE hourly rates or as may be noted for each Task are payable within 30 days of date of invoice(s). GKE hourly rates (2020/2021) are $150.00 / hour for Principal Ecologist and $45.00 / hour for administrative / staff assistance, and if needed $85.00 / hour for CAD operator and $75.00 / hour for field biologist / chemist / field assistant, and $55.00 per hour for field assistant. If additional related work beyond the above scope is required, an additional proposal will be provided. Your endorsement below will serve as agreement by client to compensate G. K. Environmental, Inc. for services rendered in connection with this agreement within thirty (30) days of date of invoice(s). 43 IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2020. OWNER G.K. Environmental, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) > Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Circuit Court (Signature) George R. Kulczycki, President (Printed name and title) Witnessed by: Deputy. Clerk (Printed name) Approved as to Form and Legal Sufficiency: Dylan Reingold, Sr., County Attorney (Printed name) Jason Brown, County Administrator 44 f� 4 L r • i y a. $, W 'o,'r-I L L J .rk"..« .�. f �, :fir`" • +.a w.c ��' r O 4�07- U) U O cn - �0z0 O `-0 a) OXO aD cv c CU CD W U cin -- @ m ca a p o E E _ O (TS Q O OCN O cn c N 102 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Work Order No. OA -1 with GK Environmental, Inc. for Maintenance of Invasive Vegetation Species Within Osprey Acres Floway and Nature Preserve's Floway and Shallow Marsh Areas DATE: November 6, 2020 DESCRIPTION AND CONDITIONS The purpose of this Work Order is to provide exotic vegetation control and elimination services at Osprey Acres Floway and Nature Preserve (Osprey Acres). Specifically, the services will be provided along Osprey Acres' floway, trails, and fence perimeter; and within Osprey Acres' large shallow marsh area. GK Environmental, Inc. (GKE) provided these services through the end of fiscal year 2019/2020 and the intent of this Work Order is to continue the services as GKE's exotic vegetation control work within these areas has been very good. GKE has submitted a not -to -exceed fee for the services for $71,500. FUNDING Funding for the project is provided for in FY 20/21 in Transportation Fund/Stormwater/Other Contractual Services, Osprey Acres, Acct #11128138-033490-16022. Funding Source Amount Transportation Fund/Stormwater/Other Contractual Services, Osprey Acres, Acct #11128138-033490-16022 $71,500 RECOMMENDATION Staff recommends the Board approve Work Order No. OA -1 in the amount of $71,500, executed by GK Environmental, Inc. and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Work Order No. OA -1 Exhibit A - Proposal OA -1 APPROVED AGENDA ITEM FOR NOVEMBER 17, 2020 :1 WORK ORDER NUMBER OA -1 MAINTENANCE OF INVASIVE VEGETATION SPECIES WITHIN OSPREY ACRES FLOWAY AND NATURE PRESERVE'S FLOWAY AND SHALLOW MARSH AREAS This Work Order Number OA -1 is entered into as of this day of , 2020, pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services entered into as of October 10, 2017 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and G.K. Environmental, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSULTANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with- the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are 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 G.K. ENVIRONMENTAL, INC. OF INDIAN RIVER COUNTY 0 Title: a Attest: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. Debraal, Deputy County Attorney 47 ATTACHMENT 1 to WORK ORDER NUMBER 2 MAINTENANCE OF INVASIVE VEGETATION SPECIES WITHIN OSPREY ACRES FLOWAY AND NATURE PRESERVE'S FLOWAY AND SHALLOW MARSH AREAS SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide exotic vegetation elimination services in Osprey Acres Floway and Nature Preserve's floway and shallow marsh areas. The Work is generally described in Exhibit A, included herein. **END OF ATTACHMENT 1 ** 48 ATTACHMENT 2 to WORK ORDER NUMBER 2 MAINTENANCE OF INVASIVE VEGETATION SPECIES WITHIN OSPREY ACRES FLOWAY AND NATURE PRESERVE'S FLOWAY AND SHALLOW MARSH AREAS 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $71,500 for services rendered according to Attachment 1 of this Work Order and as summarized on Exhibit A, included herein. Additional services shall be performed at the hourly rates as set forth in the Agreement. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. **END OF ATTACHMENT 2** 49 ATTACHMENT 3 to WORK ORDER NUMBER GKE 2 MAINTENANCE OF INVASIVE VEGETATION SPECIES WITHIN OSPREY ACRES FLOWAY AND NATURE PRESERVE'S FLOWAY AND SHALLOW MARSH AREAS 1. TIME FOR COMPLETION Invasive vegetative species control will begin immediately after the Work Order is approved by the COUNTY. **END OF ATTACHMENT 3** 50 EXHIBIT A G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Email gke?_me.com Mr. Keith McCully, P.E. November 3, 2020 Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960-3388 RE: GKE Professional Service Agreement for: Osprey Acres — Flow Way (Task I -A) Shallow Marsh (Task I -B) 11 -Month Maintenance (2x's per month) of Invasive Species within the Flow Way and the Shallow Marsh Area (November 15, 2020 — September 31, 2021) Dear Keith, This letter is in response to the requested proposal for the above referenced project in Indian River County, Florida, for environmental services as generally required for Industry Standards and/or State and Federal Environmental. Resource / Individual Permits and Compliance. G. K. Environmental, Inc. (GKE) will be pleased to provide this scope of service under this contract, which is outlined below: Flow Way - TASK I -A 1.0 GKE to provide: Onsite Maintenance / 11 Months (22 treatments) for Invasive, Exotic Plant Control (November 2020 -September 31, 2021). 1.1 GKE will coordinate labor, herbicide, equipment, materials, and incidentals necessary for the maintenance treatment. 1.2 Site will be visited twice each month with treatments as necessary to control undesirable growth within the flow way, 3 trails, and inside fence line. 51 1.3 All Florida Exotic Pest Plant Council (FLEPPC) listed exotic nuisance native species will be cut and/or treated in place with EPA -certified herbicides to preserve the desirable native vegetation. 1.4 Native vegetation will be left for the benefit of wildlife, unless otherwise requested. 1.5 A management report will be submitted detailing work preformed upon completion of each service visit. 1.6 Perform maintenance as necessary to ensure plant survivability. Take special care not to disturb birds, nests or other wildlife. GKE agrees to perform (same as previous contract) the vegetation management services stated above as follows: $1,500.00 per visit, twice monthly / $3,000.00 per month for 11 months Total Cost: $33,000.00 for 22 visits. This includes a 10 percent subcontractor markup per GKE's continuing services contract ($3,300.00). NOTE: No increase from last year. Shallow Marsh - TASK I -B 1.0 GKE to provide: Bi -monthly maintenance of Shallow Marsh site. 1.1 Bi -monthly maintenance — 2 visits per month for 11 months / 22 visits (November 2020—September 2021) with boat, spray Gator, backpacks, equipment, chemicals, and crew. $3;500,00 per month ($1,750.00 per visit / 2 visits per month / 22 visits) for 11 months Total Cost: $38,500.00*. This includes a 10 percent subcontractor markup per GKE's continuing services contract ($3,850.00). *Price remains the same as last year except for doubling the visits to 2 times per month vs. 1 time per month. . OSPREY ACRES - 30± Acres of Maintenance TOTAL for TASK 1-A and TASK 1-B = $ 6,500.00 / month TOTAL for TASK 1-A and TASK 1-B = $71,500.00 / year CONDITIONS: . 1) GKE shall not be responsible for acts beyond its reasonable control, including adverse soil and/or water conditions, adverse weather 52 conditions unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. 2) Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.00% will be computed on all past due balances. 3) Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 4) This proposal shall be valid for 30 days. Either party may cancel this contract with 30 -day written notice. This agreement automatically renews upon anniversary of execution date, unless notice is given by either party, with at least 30 days written notice. 5) GKE and subcontractor will maintain insurance coverage, which includes but is not limited to: General Liability, Property Damage, Automobile Liability, and Workman's Compensation, at its own expense. 6) No alterations, oral or written, of the terms contained above shall be valid. unless made in writing and wholly accepted by authorized representatives of GKE. GKE FEES / COMPENSATION Invoices will be submitted following work completed. Invoices are payable within 45 days of date of invoice(s). Any additional work outside the above scope will be invoiced per GKE hourly rates as approved by IRC continuing contract or agreed upon lump sum. GKE hourly rates (2020/2021) are $150.00 / hour for Principal Ecologist and $45.00 / hour for administrative / staff assistance, and if needed $85.00 / hour for CAD operator and $75.00 / hour for field biologist / chemist / field assistant, and $55.00 per hour for field assistant. If additional related work beyond the above scope is required, an additional proposal will be provided. Your endorsement below will serve as agreement by client to compensate G. K. Environmental, Inc. for services rendered in connection with this agreement within thirty (30) days of date of invoice(s). 53 IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2020. OWNER G.K. Environmental, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Circuit Court Deputy Clerk Approved as to Form and Legal Sufficiency: (Signature) George R. Kulczycki. President (Printed name and title) Witnessed by: (Printed name) Dylan Reingold, Sr., County Attorney (Printed name) Jason Brown, County Administrator 54 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Work Order No. MM -1 With Kimley-Horn and Associates, Inc. for Structural Design of the Moorhen Marsh Low Energy Aquatic Plant System Redesign DATE: November 12, 2020 DESCRIPTION AND CONDITIONS Bids for construction of Moorhen Marsh Low Energy Aquatic Plant System (Moorhen Marsh) were received July 14, 2020 and bid prices were significantly higher than anticipated. Consequently, on August 18, 2020, the Board of County Commissioners voted to reject all bids and directed staff to design a more basic treatment facility that would result in lower construction costs. Staff is approaching the ninety percent design level and now requires specialized structural engineering assistance for the concrete facilities. Work Order MM -1 with Kimley-Horn and Associates, Inc. (KH) for the structural design assistance is attached. Specific services are listed in the Work Order. The lump sum professional services fee associated with Work Order No. MM -1 is $46,555. 411MI Milo Funding is available from Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018. Funding Source Amount Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018 $46,555 RECOMMENDATION Staff recommends the Board approve Work Order No. MM -1 in the amount of $46,555, executed by Kimley-Horn and Associates, Inc. and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Work Order No. MM -1 Facility Cast -in -Place Structures -Workplan APPROVED AGENDA ITEM FOR NOVEMBER 17, 2020 55 WORK ORDER NUMBER MM -1 Moorhen Marsh Structural Services for Revised Facility Cast -In -Place Structures Project Number: IRC -1909 This Work Order Number MM -1 is entered into as of this _ day of 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set.forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A — SCOPE OF WORK Moorhen Marsh Structural Services for Revised Facility Cast -in -Place Structures The COUNTY is designing the Moorhen Marsh Leaps treatment facility in-house and has requested structural design services for structures in the revised facility layout. The new facility layout maintained the previous layout of the headworks structure. Structural services for the headworks structure were completed under a previous work authorization. The requested structural design services are limited to the preparation of construction drawings and specifications for cast -in-place structures that were revised with the revised facility layout listed below; • Water Lettuce Scrubber Access Ramp Walls • Water Lettuce Scrubber Sumps S-8 through S-15 • Water Lettuce Scrubber Perimeter curb • Solid Sludge Sump/Discharge Weir • Discharge/Reoxygenation Flume • Final Discharge Structure S1 • Solids Holding Ingress/Egress Ramp • Revised Headworks work slab 1IPage 56 Task 1— Structural Design Services The structural services are included for to the following list of components: • Concrete elements of the above listed structures • Aluminum grating support structures at the applicable above listed structures • Aluminum handrail design at the applicable above listed structures The structural drawings for the above listed structure will be a component set of the overall project plan set and will consist of the following elements; • Additional general notes and material specifications • Structural Plan Views • Structural sections • Structural details, including typical jointing plan • Handrail details • Grating support details Design shall be performed in accordance with current Florida Building Code criteria, supplemented by ACI. Deliverable will consist of structural plan sheets, inclusive of specifications as notes on the plans, to be incorporated into the overall set of construction plans being prepared by the COUNTY. This scope assumes there will be only two submittals to the COUNTY: at the 90% stage and at the 100% stage. Task 2 — Coordination and Meetings The Consultant will attend up to two meetings with the COUNTY. The first meeting (kickoff meeting) shall occur upon NTP to verify layout and design criteria for the above listed structures. The second meeting will take place upon receipt of 90% submittal comments. Task 3 — Bid Phase Services The Consultant will attend the pre-bid meeting and respond to bidders structural related bid questions received during the bidding process. 57 Additional Services Any other services, including but not limited to the following, are not included in the Agreement. 1. The above listed structures in configuration other that the initial configuration provided by the COUNTY at or before the kickoff meeting. 2. Structural services associated with the precast structures and pole barn operation building 3. Structural Service for the Miscellaneous Work Slabs, Dumpster Pad, and other slabs on grade not listed above. 4. Design and details for aluminum or stainless-steel hatches 5. Precast Structures S2 -S7 6. Additional meetings 7. Construction Phase Services Any services not specifically provided for in the above scope of work will be billed as additional services at our then current rates. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the COUNTY or the COUNTY's consultants or representatives. The COUNTY shall provide all information requested by the Consultant during the project, including but not limited to the following: 1. Geotechnical information 2. COUNTY's AutoCAD files EXHIBIT B— FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Structural Design Services $ 39,800 Coordination and Meetings $3,410 Bid Phase Services $3,345 Project Total $46,555 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 59 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to follow the below schedule from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Interim Submittal (90% Design Drawings) 6 weeks following NTP Final Submittal (100% Design Drawings) 3 weeks following 90% comments (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 60 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: Brian Good, P.E. Title: Senior Vice President By: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved as to form and legal sufficiency: Deputy Clerk Dylan T. Reingold, County Attorney 61 Indian River County Moorhen Marsh Structural Services for Revised Facility Cast -in -Place Structures PROPOSED STAFF HOURS AND FEE ' TASK SENIOR SR SUPPORT PRINCIPAL PROFESSIONAL PROFESSIONAL 2 STAFF TOTAL HOURS $240.00 $175.00 $125.00 $75.00 Task 1- Structural Design Services General Plans Sheets Cover Sheet 4.0 4.0 General Site plan 8.0 24.0 32.0 Water Lettuce Scrubber enlarged site plan 1.0 8.0 24.0 33.0 Water Lettuce Scrubber Jointing Plan 1.0 8.0 24.0 33.0 Individual Structures Design and Details Water Lettuce Scrubber Access Ramp Walls 6.0 10.0 16.0 Water Lettuce Scrubber Sumps S-8 through 5-15 1.0 6.0 10.0 17.0 Water Lettuce Scrubber Perimeter curb 4.0 8.0 12.0 Solid Sludge Sump 1.0 12.0 30.0 43.0 Discharge/Reoxygenation Flume 8.0 16.0 24.0 Final Discharge Structure Sl 1.0 14.0 30.0 45.0 Solids Holding Ingress/Egress Ramp 6.0 10.0 16.0 Revised headworks work slab 2.0 4.0 6.0 $1,200.00 $14,350.00 $24,250.00 $0.00 $39,800.00 Task 2 - Coordination and Meetings Kickoff Meeting with County 1.0 4.0 5.0 90% Coment Discussion Metting Miscellanous Coordination 1.0 2.0 4.0 6.0 5.0 Task 3 - Bid Phase Services $960.00 $2,450.00 $0.00 $0.00 $3,410.00 Prepare and Attend Prebid meeting Respond to structural related bid questions 1.0 2.0 $720.00 4.0 11.0 $2,625.00 $0.00 $0.00 $3,345.00 Subtotal $46,555.00 Total $46,555.00 TOTAL FEE TE $46,555.00 FH. DEPARTMENTAL MATTERS INDIAN RIVER COUNTY IIM4if, 191:L101Bill MI TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: November 6, 2020 SUBJECT: Addendums to Administrative Services Agreements — RX Benefits and Express Scripts effective January 1, 2019, October 1, 2019, and January 1, 2020 BACKGROUND: Effective May 1, 2018, Indian River County Board of County Commissioners approved a recommendation to carve -out the pharmacy benefit under the County's group health insurance program from Florida Blue and select Express Scripts as the pharmacy benefit manager. Administrative services for the pharmacy benefit are provided by RX Benefits. Since the initial selection of Express Scripts, pharmacy pricing improvements have occurred and cost savings programs have been implemented as approved by the Board of County Commissioners. The cost savings programs are: 1. Low Clinical Value 2. High Dollar Claims Review 3. Manufacturers Assistance Program 4. Out of Pocket Protection Program The attached addendums to the Administrative Service Agreement reflect these changes. Our benefits consultant, Lockton Companies, has reviewed the addendums and does not have any concerns with the addendums as presented. They reflect the programs and pricing that are in place under our current programs. FUNDING: Funding. for the pharmacy benefit is included in the health plan trust fund (Account Number: 50412719-034586). RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve and.authorize the Board Chairman to sign the administrative services agreement with RXBenefits after review and approval by the County Attorney. Attachments: Addendum 1/1/2019 Addendum 10/1/2019 Addendum 1/1/2020 63 ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT (this "Addendum"), entered into effective as of January 1, 2019 (the "Addendum Effective Date"), is made by and between RxBenefts, Inc. f/k/a Prescription Benefits, Inc. ("Administrator"), and Indian River County Board of County Commissioners ("Client'). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement'). . 2. Administrator and Client hereby execute this Addendum for the purpose of documenting that Exhibit A (Client Application) to the Agreement has been amended and restated to reflect, among other things, new pricing terms. Such amended and restated Exhibit A (Client Application) shall be attached and affixed to the Agreement as Exhibit A (Client Application) in lieu of the prior Exhibit A (Client Application) upon execution of this Addendum by the parties' authorized representatives below and shall be in full force and effect as said Exhibit A from and after the Addendum Effective Date. 3. Except for the amendment and restatement of Exhibit A (Client Application) effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect.and is hereby ratified and incorporated herein. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. ADMINISTRATOR: RxBenefits, Inc. By: Name: Lauren Simmons Title: Director of Compliance and Legal Affairs CLIENT: Indian River County Board of County Commissioners By: _ Name: Title: 64 EXHIBIT A CLIENT APPLICATION CONTRACT EFFECTIVE DATE [IMPORTANT — PLEASE READ CAREFULLY: Client should carefully review Sections A, B and C of this Exhibit A below which have been completed by Administrator in order to ensure the accuracy and completeness of such information. Client shall promptly notify Administrator of any inaccuracy or omission with respect to such terms and conditions, if applicable (including, without limitation, the Client Information in Section A). Client should also carefully review and complete Section D of this Exhibit A below.] A. INFORMATION ABOUT CLIENT Client Name: Indian River County Board of County Commissioners HR/Primary Contact: Phone: Mail Address: 1801 27th Street HR Contact Email: Fax: City/State/Zip: Vero Beach, FL 32960-3365 Billing Contact: Phone: Main Phone: Billing Contact Email: Fax: Send Invoices and Confidential Standard Reports to: Authorized Website Users of Client (User's Name and E-mail Address): * Note: Client may add or delete Authorized Website Users by providing written notice of such changes to Administrator pursuant, to the notice provisions of Article VIII.B of the Agreement. B. PLAN DESIGN; MEMBER COST SHARE Member -Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan Design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety (90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. Client agrees that it is responsible for Losses resulting from any failure to implement Plan Design changes which are not communicated in writing to Administrator. In addition, Client shall notify Members of any Plan Design changes prior to the effective date of any such changes. 65 C. SERVICES; FORMULARY; PRICING. I . 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this Exhibit A (the "Base Administrative Services'), as applicable: • Administration of eligibility submitted via tape or telecommunication • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections • Annual analysis of program utilization and impact of plan design and managed care interventions • Welcome Package and ID Cards for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and Representatives 2. Additional Administrative Services: Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under the program as follows: 2.1 Administrative Fees Administrative Services Fees Transaction Fees Payable for Administrative Services $0.65 per Prescription Drug Claim made by (per Article IV.B of the Agreement) Members payable on a bi-monthly basis Transaction Fees Payable for Administrator's Clinical N/A Advantage Program individual prices listed in table below Manufacturer Copay Assistance Programs • Out of Pocket Protection (Accumulation) • No Charge (Not Elected) • Out of Pocket Protection + Variable Copay • No Charge (Not Elected) Assistance Program • SaveOnSP 9 $0.40 per claim (Not Elected) • Out of Pocket Protection + SaveOnSP • $0.40 per claim of Elected Reviews and Appeals Management • Low Clinical Value Exclusions (LCV) 0 $0.30 per claim minimum (Not Elected) • High Dollar Claim Review (HDCR) • $0.75 per claim minimum (Not Elected) Initial Determinations (i.e. coverage reviews) and Level Included in the existing utilization One Appeals for the Coverage Authorization Program, management PMPM charge consisting of: OR Prior Authorization Step Therapy Included in the existing PA charge of $55 per DrugQuantityManagement review 66 Administrative Services Fees Initial Determinations and Level One Appeals for the $55 per review Benefit Review Program, consisting of reviews known as: $10.00 Plan Design Related Requests $3.00 per claim Plan Exclusion Reviews (clinical or administrative $3.00 per claim reviews of non -Covered Drugs) $0.32 / PMPM If Elected Copay Reviews $0.03 / PMPM f Elected Plan Limit Reviews (e.g. age, gender, days' supply Services to manage combined medical -pharmacy benefits limits) that are not a consumer -directed health (CDH) plan. Plan Rule/Administrative Reviews/Non-clinical Services include ongoing management of the data exchange Reviews platform with the medical vendor/TPA, production Clinical Benefit Reviews monitoring and quality control, and designated operations Direct Claim Reject Reviews team. Combined benefit types may include deductible, out Final and Binding Appeals — Level Two Appeals * and/or $0.00 per review* (incremental to PMPM fees Urgent Appeals** or the per review fees above) *Level One for clients with only one level of appeal * This additional fee is applied to each ** Appeals can be urgent at Level One or Level Two initial determination. and decisions are final and binding. External Reviews by Independent Review Organizations -for F$_l00 per review non -grandfathered plans PBM Services Fees Advanced Utilization Manag ement (AUM Bundle $0.51 / PMPM Manual/hardcopy eligibility submission $10.00 Member -submitted paper claims processing fee $3.00 per claim Medicaid subrogation claims fee $3.00 per claim Opioid Program $0.32 / PMPM If Elected ACA Statin "Trend Management" Program $0.03 / PMPM f Elected Combined Benefit Management Services to manage combined medical -pharmacy benefits $0.10 PMPM per combined accumulator up to that are not a consumer -directed health (CDH) plan. maximum of $0.20 PMPM for existing Services include ongoing management of the data exchange connection with medical carrier or TPA. platform with the medical vendor/TPA, production monitoring and quality control, and designated operations Fees to establish connection with new medical team. Combined benefit types may include deductible, out carrier or TPA are quoted upon request. of ocket, spending account and lifetime maximum. Network Pharmacy Services Network Pharmacy Audit Program 20% of audit recoveries 67 -Comprehensive Consumer Driven Health CD Solution Customer service for Members Consumer Choice Plan All services: $0.65 PMPM Technical • Technical and Member Advocacy. $0.35 Bi-directional data exchange; dedicated operations; 24-hour PMPM a day, seven -days a week monitoring and quality control; . Health Choices and Drug Choices: $0.30 performance reporting; and analytics PMPM Member Advocacy Benefit education Prescription delivery — standard Dedicated CDH member services, open enrollment tools • Web -based client reporting — • Annual Strategic Account Plan report and member communications library, robust online "these charges would be in addition to any pricing features, and preventive care adjustments if greater than ten percent of Client's Health Choices total utilization for all Plans is attributable to a Medication Adherence Monitoring and Outreach and CDHC. proactive, personalized member communications Drug Choices Benefit Coaching, Prescription Benefit Review Statements, proactive, personalized member communications Medicare Part D — Retiree Drug Subsidy S Part D subsidy enhanced service (ESI sends reports to CMS $1.12 PMPM for Medicare -qualified Members on behalf of Client) with a minimum annual fee of $7,500 i Notice of Creditable Coverage $1.35/letter+ postage Part D Subsidy standard service (ESI sends reports to $0.62 PMPM for Medicare -qualified Members Client) with a minimum annual fee of $5,000 $1.35/letter + postage A. Notice of Creditable Coverage PBM Services — No Additional Fee Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan setup Standard coordination of benefits (COB) reject for primary carrier Software training for access to our on-line system(s) • FSA eligibility feeds A. Network Pharmacy Services -Pharmacy help desk Pharmacy reimbursement Pharmacy network management • Network development (upon request) B. Home Delivery Services Benefit education Prescription delivery — standard • Reporting Services • Web -based client reporting — • Annual Strategic Account Plan report • Ad-hoc desktop parametric reports 0 Billing reports • Claims detail extract file electronic (NCPDP format) • Inquiry access to claims processing system • Load 12 months claims history for clinical reports and revortina • Website Services Express-Scripts.com for Members — access to benefit, drug, health and wellness information; prescription ordering -capability; and customer service Implementation Package and Member Communications • New Member packets (includes two standard resin ID • Implementation support cards) • Member replacement cards printed via web (For hard- copy cards, charges are passed through from the PB • Clinical Concurrent Drug Utilization Review (DUR) Prior Authorization — Administrative a. Non -clinical Prior Authorization b. Lost/stolen overrides c. Vacation supplies 2.2 Administrator Clinical Programs If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. If elected, Administrator's High Dollar Claim Review program ("HDCR"), will provide Client with umbrella protection against high-cost prescription claims for approved formulary drugs. Prescription claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. The following may apply: ■ RxBenefits manages the clinical review process for high dollar claims, providing oversight of the process. We communicate trends and savings results to clients through detailed reporting and analytics.; ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or ■ If denied, an appeal process is available. Foundational Utilization Management. UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate QL promotes FDA - approved dispensing guidelines by ensuring appropriate quantities are dispensed. ST ensures the most clinically appropriate item is used first as part of adhering to accepted guidelines. When faced with two similar agents, the lowest cost option is promoted first. PA ensure FDA - approved guidelines with respect to indications are being met. Utilizing the PBM or customized criteria, RxBenefits has carved out the QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a 69 documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that a client elect a standard Utilization Management Programs promoted by Administrator. NOTE: Must have HDCR component in place to elect this component. The following may apply: ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or ' ■ If denied, an appeal process is available. ■ If elected, PBM's Manufacturer Assistance Program for Specialty Medications ("MAP"), consists of 1 or 2 components when available, dependent on the specific plan design: (1) Accumulator Protection using Manufacturer Copay assistance dollars to help lower member out-of-pocket costs and client costs where funds are not applied to member deductible and member out-of-pocket maximum totals; and (2) Accumulator Protection Plus Variable Cost - Share, where plan changes can maximize available assistance funds to offset plan costs and cover the members' cost -share but does not apply to their deductible and out-of-pocket maximum, yielding high savings potential, or Therapeutic Interchange Programs where the specialty pharmacy will move members to preferred agents in order to allow the usage of copay assistance funds from manufacturers. Requires exclusive specialty pharmacy relationship. o If elected, the SaveOnSP program is a benefit design change implemented by PBM in conjunction with a third -party vendor, SaveOnSP. Within the SaveOnSP program, certain specialty medications are classified as non-essential health benefits. This means that any funds spent on these drugs no longer apply to the members' accumulators. In addition, the targeted drugs are assigned higher copays. In all cases, SaveonSP helps the member coordinate manufacturer -sponsored copay assistance. SaveOnSP targets drugs in six of the top ten specialty categories. ■ If elected, PBM's Advanced Opioid ManagementsM program reaches out to physicians, pharmacists and patients at key touchpoints to minimize early exposure to opioids and to prevent patients from progressing to overuse and abuse. Patients will be required to start therapy with no more than a 7 -day supply of short-acting medications (with certain exceptions). Member Education will start at the first fill. Doctors will be notified at the point of care when specific signs of misuse and abuse are observed. 3. Pricing. The financial terms set forth are conditioned on such exclusive arrangement and all other specified conditions set forth in Exhibit A of the Agreement. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of Brand Drug and Generic Drug pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined plan design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or (iii) discounted AWP (including MAC price, when MAC pricing is applicable). Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). 70 3.1 Pricin . (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's next Renewal Term as described in Article VI(A) of the Agreement. [1 -(total discounted AWP ingredient cost (excluding dispensing fees and claims with ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Notwithstanding anything herein to the contrary: (i) a Prescription Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates), as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Brand guarantee below; and (ii) a Prescription Drug Claim that processes at the Generic Drug rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates) above, as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Generic Drug guarantee below. The only Prescription Drug Claims that may be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" column of the table below. All other Prescription Drug Claims may be included in the reconciliation of the guarantees. Type of Guarantee Participating Pharmacy Retail Maintenance Network (84-90 Days' Supply) Mail Service Pharmacy Claims Excluded OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Limited Distribution Claims, vaccines, Specialty Products and/or claims with a Brand AWP — AWP — AWP — high -dollar undiscounted AWP value, 18.25% 21.00% 25.00% biosimilar products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable) OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Limited Distribution Claims, vaccines, Specialty Products and/or claims with a Generic AWP — AWP — AWP — high -dollar undiscounted AWP value, 82.25% 82.25% 85.00% biosimilar products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable) (b) Dispensing Fee. ESI will guarantee a maximum average aggregate annual per claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable claims for the annual period divided by total claims for the annual period]. 71 Type of Guarantee Participating Pharmacy Mail Service Pharmacy / Retail Maintenance Network* Claims Excluded OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Limited Distribution Claims, vaccines, Generic Drug Specialty Products and/or claims with a high - Dispensing $0.75 $0.00 dollar undiscounted AWP value, biosimilar Fee/Claim products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies if applicable) " OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Limited Distribution Claims, vaccines, Brand Specialty Products and/or claims with a high - Dispensing $0.75 $0.00 dollar undiscounted AWP value, biosimilar Fee/Claim products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies if applicable) * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). Guarantees will be measured and reconciled on an annual basis within 180 days of the end of each Contract Year. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. Guarantees for pricing components are measured and reconciled in the aggregate across all pricing components. Any dollar savings generated in excess of one component may be used to offset a short fall for any other component. Notwithstanding anything in this Agreement to the contrary, the Generic average annual ingredient cost discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand average annual ingredient discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. Any claim that is considered a single source generic will be included in the generic reconciliation. 3.2 Specialty Products (a) Exclusive Care. ESI Specialty Pharmacy is the exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product rates 72 shown below. Upon ESI Specialty Pharmacy acquisition of limited distribution products, Members will obtain prescriptions through ESI Specialty Pharmacy. (b) Pricing for ASES is as follows: (i) For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, the following standard per diem and nursing fee rates shall apply. Exceptions to the standard per diem and nursing rates are set forth in (ii), below, which list may be updated from time to time by ESI. Pricing for home infusion supplies and services provided at Participating Pharmacies (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be pass through. Standard Per Diem $6 /dose Standard Nursing Fee/ First 2 Hours $150 Standard Nursing Hourly $75 (ii) Additional exceptions to AWP Discount Rates and Standard Per Diem & Nursing Fees Brand Name Ingredient Cost Dispensing Fee Exclusive ESI Specialty See Exclusive Specialty Product List $0.00 Pharmacy Participating Pharmacy Participating Pharmacy Specialty Product $0.75 Specialty Products List (b) Pricing for ASES is as follows: (i) For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, the following standard per diem and nursing fee rates shall apply. Exceptions to the standard per diem and nursing rates are set forth in (ii), below, which list may be updated from time to time by ESI. Pricing for home infusion supplies and services provided at Participating Pharmacies (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be pass through. Standard Per Diem $6 /dose Standard Nursing Fee/ First 2 Hours $150 Standard Nursing Hourly $75 (ii) Additional exceptions to AWP Discount Rates and Standard Per Diem & Nursing Fees Brand Name AWP Discount Per Diem EPOPROSTENOL 1.0% $65/da REMODULIN 5.0% $65/da The AWP discount includes Phone Support Nursing, Supplies, Pump, first two training visits, and Coordination of In -Person Nursing. In-home nursing that is requested/needed beyond the first two training visits will be charged at a rate of $150 for the first two hours and $75 for every hour after. (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. (d) Unless otherwise set forth in an agreement directly between ESI Specialty Pharmacy and Client, if a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Client directly by ESI Specialty Pharmacy instead of being processed through ESI and Administrator, Client agrees to timely pay ESI Specialty Pharmacy for such claim pursuant to the rates above and within thirty (30) days of Client's, or its designee's, receipt of such electronic or paper claim from ESI Specialty Pharmacy. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. (e) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE - Administrator guarantees that the overall annual net effective discount for the products listed on the Specialty Products List will be at least AWP (- ) minus 19.25% for Client (excluding limited distribution products). Within one hundred and eighty (180) days following the end of each Contract Year, ESI will calculate the actual net effective discount for the products listed on the Specialty Products List that were dispensed through the mail order channel to determine if the guarantee has been met. If the actual overall net effective discount is less than the guaranteed net effective discount Administrator will reimburse Client the full dollar amount of the difference between the actual and guaranteed net effective discounts. 73 Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Products List) divided by (Total AWP for the products listed on the Specialty Products List)) minus 1. This guarantee is contingent on Client's participation in the National Preferred Formulary and an exclusive specialty arrangement. 3.3 Influenza and Other Vaccinations. Vaccinations shall adjudicate at the lower of: (a) * The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in the Agreement. This Vaccine Program Fee will apply to any vaccine claims, whether at contracted rates or U&C, and is in addition to any per Prescription Drug Claim administrative fee set forth in the Agreement. OR (b) the combined ingredient cost, dispensing fee (if any) and professional service fee (if any) that the Participating Pharmacy generally charges an individual paying cash, without coverage for prescription drug benefits, plus the Vaccine Program Fee set forth above. Coverage is subject to Plan provisions. No vaccine claims will be included in any guarantees set forth in the Agreement and/or amendments thereto. D. REBATES 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: Formulary: Participating Pharmacy Participating Pharmacy INFLUENZA OTHER VACCINES Ingredient Cost Participating Pharmacy Participating Pharmacy Ingredient Cost as set + Ingredient Cost as set forth in forth in the Agreement the Agreement Dispensing Fee Participating Pharmacy Participating Pharmacy Dispensing Fee as set + Dispensing Fee as set forth in forth in the Agreement the Agreement $157.00 per Professional Service Fee $460.00 per brand $1,150.00 per brand (PSF); cost for Pass -Through Pass -Through pharmacist to (capped at $15 per vaccine (capped at $20 per vaccine claim) administer the vaccine claim Vaccine Program Fee * $2.50 $2.50 per vaccine claim per vaccine claim * The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in the Agreement. This Vaccine Program Fee will apply to any vaccine claims, whether at contracted rates or U&C, and is in addition to any per Prescription Drug Claim administrative fee set forth in the Agreement. OR (b) the combined ingredient cost, dispensing fee (if any) and professional service fee (if any) that the Participating Pharmacy generally charges an individual paying cash, without coverage for prescription drug benefits, plus the Vaccine Program Fee set forth above. Coverage is subject to Plan provisions. No vaccine claims will be included in any guarantees set forth in the Agreement and/or amendments thereto. D. REBATES 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: Formulary: ESI National Preferred Retail Maintenance National Plus Network Home Delivery Specialty Products Network Products (g4-90 Days' Supply) Rebates per Brand $157.00 per $375.00 per brand $460.00 per brand $1,150.00 per brand Rx brand claim claim claim. claim Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the 84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design 74 whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions. Member Submitted Claims, Subrogation Claims, Limited Distribution products, biosimilar products, OTC products (except for insulin and diabetic supplies), vaccines, claims older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section 1 above. 3. Rebate Payment Terms. Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred eighty (180) days following calendar quarter adjudicated for Rebates received during the prior calendar quarter. Administrator shall pay Client the guaranteed amounts set forth in Section 1 above within approximately thirty (30) days following receipt of the Rebate payments from ESI. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, Rebates or other financial incentives on pharmaceutical products or formulary programs for Prescription Drug Claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative Rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or Rebates on claims for Covered Drugs without prior written approval of ESI, such activity will be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.3 Under its Rebate program, ESI may implement ESI's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. ESI reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by ESI to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then ESI and Administrator may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guaranty of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever 75 discharges ESI and Administrator from any Losses arising from a pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the PDL, the Plan's design features, Client meeting criteria for Rebates, and the extent of participation in ESI's formulary management programs, as well as ESI/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that ESI may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event ESI does initiate collection action against a pharmaceutical company to collect Rebates, ESI may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Notwithstanding any provision of this Agreement to the contrary, Administrator shall only be responsible for payment of Rebates to Client pursuant to the terms of this Agreement if such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from ESI. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement is signed by Client. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts" pursuant to the federal anti -kickback statute set forth at 42 U.S.C. § 1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. ESI will refrain from doing anything that would impede Client from meeting any such obligation. E. ESI'S INFLATION PROTECTION PROGRAM 1. IP Program. The Inflation Protection Program ("ESI IP Program"). Subject to the terms and conditions set forth in Section 2 below, under the ESI IP Program Administrator will pay to Client $2.00 per Formulary Brand Drug claim ("Client Inflation Payment"). Subject to the terms and conditions set forth herein, under the ESI IP Program, Administrator will pay Client the Client Inflation Payment within approximately one hundred and eighty (180) days following the end of each calendar quarter for utilization occurring during such calendar quarter. All non -Formulary claims and Generic Drug claims shall be excluded. 2. Terms and Conditions of ESI's IP Program. 2.1 Exclusions. The following claims will be excluded from all calculations related to ESI's IP Program: • Medicare claims, Medicaid claims and any other government health care program claims • OTCs, member submitted claims, subrogation claims, compounds, Generic Drugs, claims submitted by Client -owned, in-house, or on-site pharmacies, 340B claims, claims submitted through a 100% Member cost -share program, biosimilars, drugs where the quantity or packaging has been changed by the manufacturer from the prior year, and drugs for which there was no utilization in the calendar year prior to the calendar year for which the Client Inflation Payment is being determined. 76 2.2 ESI's Right of Equitable Adjustment. If Client makes material changes to its Formulary or benefit design that negatively impact ESI's ability to control inflation relative to Client's Formulary drug mix, then Client acknowledges that ESI or Administrator reserves the right in ESI's discretion to make an equitable adjustment to the Client Inflation Payment. 2.3 The ESI IF Program, and the underlying economics, is separate and apart from rebates and manufacturer administrative fees, and the amounts described above in this Section E will be paid to Client in addition to any rebate payments to which Client is entitled pursuant to the terms of this Agreement. Client will not be entitled to receive any amounts related to drug price inflation or a related guarantee other than as set forth above in this Section E of this Exhibit A (Client Application). 2.4 No payments will be made to Client unless Client has executed this Agreement. F. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in Sections B, C, D and E of this Client Application. Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Client Application Exhibit A) is a part of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Client Application but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Client Application is attached and made a part of. 77 IN WITNESS WHEREOF, Client has caused this Client Application(Exhibit A to the Agreement) to be executed as of the Effective Date. In the event this Client Application is amended by the Parties after the Effective Date, the Parties may substitute such amended Client Application for the former Client Application, provided the Parties set forth the date from and after which such amended Client Application shall be effective (the "date" line at the bottom of the Administrator's acknowledgment signature block on an amended Client Application shall be such new effective date with respect to such amended Client Application). The Parties further agree that they will attach such amended Client Application to this Agreement and provide a copy of this Agreement with the amended Client Application (Exhibit A) to Administrator and Client for their respective records. Any such amended Client Application must be signed by Client's authorized representative and acknowledged, agreed to, accepted and dated by Administrator's authorized representative. CLIENT: Indian River County Board of County Commissioners By: Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. By: Printed Name: Lauren Simmons Its: Director of Compliance and Legal Affairs 78 ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT, (this "Addendum"), entered into effective as of October 1, 2019 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. f/k/a Prescription Benefits, Inc. ("Administrator"), and Indian River County Board of County Commissioners ("Client"). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement'). 2. Administrator and Client hereby execute this Addendum for the purpose of documenting that Exhibit A (Client Application) to the Agreement has been amended and restated to reflect, among other things, new pricing terms. Such amended and restated Exhibit A (Client Application) shall be attached and affixed to the Agreement as Exhibit A (Client Application) in lieu of the prior Exhibit A (Client Application) upon execution of this Addendum by the parties' authorized representatives below and shall be in full force and effect as said Exhibit A from and after the Addendum Effective Date. 3. Except for the amendment and restatement of Exhibit A (Client Application) effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect and is hereby ratified and incorporated herein. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. ADMINISTRATOR: RxBenefits, Inc. By: Name: Lauren Simmons Title: Director of ComDliance and Legal Affairs CLIENT: Indian River County Board of County Commissioners By: Name: Title: NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR�q AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 1W41 -11.30W.1 CLIENT APPLICATION October 1, 2019 [IMPORTANT — PLEASE READ CAREFULLY: Client should complete Section A and carefully review this Exhibit A, which has been completed by Administrator, in order to ensure the accuracy and completeness of such information. Client shall promptly notify Administrator of any inaccuracy or omission with respect to such terms and conditions, if applicable (including, without limitation, the Client Information in Section A).] A. INFORMATION ABOUT CLIENT Client Name: Indian River County Board of County Commissioners HR/Primary Contact: Phone Mail Address: 1801 271 Street HR Contact Email: Fax: City/State/Zip: Vero Beach, FL 32960 Billing Contact: Phone: Main Phone: Billing Contact Email: Fax: Send Invoices and Confidential Standard Reports to: Authorized Website Users of Client (User's Name and E-mail Address): * Note: Client may add or delete Authorized Website Users by providing written notice of such changes to Administrator pursuant to the notice provisions of Article VIII.B of the Agreement. B. PLAN DESIGN; MEMBER COST SHARE Member Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety (90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. Client agrees that it is responsible for Losses resulting from any failure to implement Plan design changes which are not communicated in writing to Administrator. In addition, Client shall notify Members of any Plan design changes prior to the effective date of any such changes. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARM AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS . 2 C. SERVICES: FORMULARY. 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this Exhibit A) (the "Base Administrative Services"), as applicable: • Administration of eligibility submitted via tape or telecommunication • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections • Annual analysis of program utilization and impact of plan design and managed care interventions •_ Welcome Package and ID Cards for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and representatives 2. Additional Administrative Services: Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under. the program as follows: 2.1 Administrative Fees Administrative Services Fees Transaction Fees Payable for Administrative $0.65 per Prescription Drug Claim made by Services(per Article IV.B of the Agreement) Members payable on a bi-monthlybasis Transaction Fees Payable for Administrator's $1.45 per claim Clinical Advantage Program individual prices listed in table below Manufacturer Copay Assistance Programs • Out of Pocket Protection (Accumulation) • No Charge (Not Elected) • Out of Pocket Protection + Variable Copay • No Charge (Not Elected) Assistance Program • SaveOnSP • $0.40 per claim (Not Elected) • Out of Pocket Protection + SaveOnSP $0.40 per claim(Elected) Reviews and Appeals Management • Low Clinical Value Exclusions (LCV) • $0.30 per claim (Elected) • High Dollar Claim Review (HDCR) • $0.75 per claim (Elected) Initial Determinations (i.e. coverage reviews) and No Charge Level One Appeals for the Coverage Authorization Program, consisting of: Prior Authorization Step Therapy Drug Quantity Management NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARX1 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 3 Administrative Services Fees Initial Determinations and Level One Appeals for the No Charge Benefit Review Program, consisting of reviews $3.00 per claim known as: $3.00 per claim Plan Design Related Requests $0.32 / PMPM of Elected Plan Exclusion Reviews (clinical or $0.03 / PMPM of Elected administrative reviews of non -Covered Drugs) Copay Reviews $0.10 PMPM per combined accumulator up to Plan Limit Reviews (e.g. age, gender, days' maximum of $0.20 PMPM for existing supply limits) connection with medical carrier or TPA. Plan Rule/Administrative Reviews/Non-clinical Fees to establish connection with new medical Reviews carrier or TPA are quoted upon request. Clinical Benefit Reviews Direct Claim Reject Reviews Final and Binding Appeals — Level Two Appeals * No Charge and/or Urgent Appeals** *Level One for clients with only one level of appeal 20% of audit recoveries ** Appeals can be urgent at Level One or Level Two and decisions are final and binding. External Reviews by Independent Review No Charge Organizations - for non -grandfathered plans PBM Services Fees Advanced Utilization Management AUM Bundle $0.46 / PMPM Member -submitted paper claims processing fee $3.00 per claim Medicaid subrogation claims fee $3.00 per claim O ioid Program $0.32 / PMPM of Elected ACA Statin "Trend Management" Program $0.03 / PMPM of Elected Combined Benefit Management Services to manage combined medical -pharmacy $0.10 PMPM per combined accumulator up to benefits that are not a consumer -directed health maximum of $0.20 PMPM for existing (CDH) plan. connection with medical carrier or TPA. Services include ongoing management of the data Fees to establish connection with new medical exchange platform with the medical vendor/TPA, carrier or TPA are quoted upon request. production monitoring. and quality control, and designated operations team. Combined benefit types may include deductible, out of pocket, spending account, and lifetime maximum. Network Pharmacy Services Network Pharmacy Audit Program 20% of audit recoveries Comprehensive Consumer Driven Health (CDH) Solution Consumer Choice Plan - Technical $0.35 PMPM • Bi-directional data exchange; dedicated *these charges would be in addition to any pricing operations; 24-hour a day, seven -days a week adjustments if greater than ten percent of Client's total monitoring and quality control; performance utilization for all Plans is attributable to a CDHC. reporting; and analytics NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR2 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS Medicare Part D — Retiree Drug Subsidy S Customer service for Members Part D subsidy enhanced service (ESI sends reports $1.12 PMPM for Medicare -qualified Members to CMS on behalf of Client) with a minimum annual fee of $7,500 i Notice of Creditable Coverage $1.35/letter+ postage Part D Subsidy standard service (ESI sends reports to $0.62 PMPM for Medicare -qualified Members Client) with a minimum annual fee of $5,000 B. Home Delivery Services $1.35/letter + postage A. Notice of Creditable Coverage Web -based client reporting — Annual Strategic Account Plan report PBM Services — No Additional Fee Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan setup Standard coordination of benefits (COB) reiect for primary carrier Software training for access to our on-line system(s) • FSA eligibility feeds A. Network Pharmacy Services Pharmacy help desk Pharmacy reimbursement Pharmacy network management Network development (upon request) B. Home Delivery Services Benefit education Prescription delivery — standard Reporting Services Web -based client reporting — Annual Strategic Account Plan report Ad-hoc desktop parametric reports Billing reports Claims detail extract file electronic CPDP format Inquiry access to claims processing system Load 12 months claims history for clinical reports and reporting Website Services Express-Scripts.com for Members — access to benefit, drug, health and wellness information; prescription ordering capability; and customer service Implementation Package and Member Communications • New Member packets (includes two standard resin ID cards) • Member replacement cards printed via web (For hard -copy cards, charges are passed through from the PBM Implementation support Clinical Concurrent Drug Utilization Review (DUR) Overrides a. Sponsor -requested overrides b. Lost/stolen overrides c. Vacation supplies No Charge NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARN3 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 2.2 Administrator Clinical Programs ■ If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. ■ If elected, Administrator's High Dollar Claim Review program ("HDCR"), will provide Client with umbrella protection against high-cost prescription claims for approved formulary drugs. Prescription claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. The following may apply: o RxBenefits manages the clinical review process for high dollar claims, providing oversight of the process. We communicate trends and savings results to clients through detailed reporting and analytics; o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. Foundational Utilization Management. UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate QL promotes FDA -approved dispensing guidelines by ensuring appropriate quantities are dispense. ST ensures the most clinically appropriate item is used first as part of adhering to accepted guidelines. When faced with two similar agents, the lowest cost option is promoted first. PA ensure FDA -approved guidelines with respect to indications are being met. Utilizing the PBM or customized criteria, RxBenefits has carved out the QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that a client elect a standard Utilization Management Programs promoted by Administrator. NOTE: Must have HDCR component in place to elect this component. The following may apply: o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR4 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS ■ If elected, PBM's Manufacturer Assistance Program for Specialty Medications ("MAP"), consists of 1 or 2 components when available, dependent on the specific plan design: (1) Accumulator Protection using Manufacturer Copay assistance dollars to help lower member out-of-pocket costs and client costs where funds are not applied to member deductible and member out-of-pocket maximum totals; and (2) Accumulator Protection Plus Variable Cost -Share, where plan changes can maximize available assistance funds to offset plan costs and cover the members' cost -share but does not apply to their deductible and out-of-pocket maximum, yielding high savings potential, or Therapeutic Interchange Programs where the specialty pharmacy will move members to preferred agents in order to allow the usage of copay assistance funds from manufacturers. Requires exclusive specialty pharmacy relationship. o If elected, the SaveOnSP program is a benefit design change implemented by PBM in conjunction with a third -party vendor, SaveOnSP. Within the SaveOnSP program, certain specialty medications are classified as non-essential health benefits. This means that any funds spent on these drugs no longer apply to the members' accumulators. In addition, the targeted drugs are assigned higher copays. In all cases, SaveonSP helps the member coordinate manufacturer -sponsored copay assistance. SaveOnSP targets drugs in six of the top ten specialty categories. ■ If elected, PBM's Advanced Opioid ManagementsM program reaches out to physicians, pharmacists and patients at key touchpoints to minimize early exposure to opioids and to prevent patients from progressing to overuse and abuse. Patients will be required to start therapy with no more than a 7 -day supply of short-acting medications (with certain exceptions). Member Education will start at the first fill. Doctors will be notified at the point of care when specific signs of misuse and abuse are observed. 3. Pricing. The financial terms set forth are conditioned on such exclusive arrangement and all other specified conditions set forth in Exhibit A of the Agreement. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of brand and generic pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined plan design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or (iii) discounted AWP (including MAC price, when MAC pricing is applicable). Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). 3.1 PricinE. (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's next Renewal Term as described in Article VI(A) of the Agreement. [1 -(total discounted AWP ingredient cost (excluding dispensing fees and claims with ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Notwithstanding anything herein to the contrary: (i) a Prescription Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates), as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Brand guarantee below; and (ii) a Prescription Drug Claim that processes at the Generic rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates) above, as NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARN5 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Generic guarantee below. The only Prescription Drug Claims that shall be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" column of the table below. All other Prescription Drug Claims shall be included in the reconciliation of the guarantees. Type of Guarantee Participating Pharmacy Retail Maintenance Network (84-90 Days' supply) Mail Service Pharmacy Claims Excluded OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Limited Distribution Claims, vaccines, Specialty Brand AWP — AWP— AWP— Products and/or claims with a high -dollar 18.25% 21.00% 25.00% undiscounted AWP value, biosimilar products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies if applicable) OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Limited Distribution Claims, vaccines, Specialty Generic AWP — AWP— AWP— Products and/or claims with a high -dollar 82.25% 82.25% 85.00% undiscounted AWP value, biosimilar products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies if applicable) [Remainder of this Page Intentionally Left Blank] NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR6 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS (b) Dispensing Fee. ESI will guarantee a maximum average aggregate annual per claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable claims for the annual period divided by total claims for the annual period]. Type of Guarantee Participating Pharmacy / Retail Maintenance Network Mail Service Pharmacy* Claims Excluded See Exclusive Specialty Product List $0.00 Pharmacy OTC, compounds, U&C claims, Member Submitted Participating Pharmacy Participating Pharmacy Specialty Product List Claims, Subrogation Claims, Coordination of Benefit Generic Lesser of AWP discount, U&C or MRA as applicable) Claims, Limited Distribution Claims, vaccines, Specialty Drug $0.75 $0.00 Products and/or claims with a high -dollar undiscounted Dispensing AWP value, biosimilar products, long term care Fee/Claim pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable) OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Brand Claims, Limited Distribution Claims, vaccines, Specialty Dispensing $0.75 $0.00 Products and/or claims with a high -dollar undiscounted Fee/Claim AWP value, biosimilar products, long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable) * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the term of this Agreement, the Dispensing Fee guarantees will not be increased to reflect such increase(s). Guarantees will be measured and reconciled on an annual basis. To the extent Client changes its benefit design or Formulary during the term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, ESI will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement; over performance in any component will not be used to offset performance in any other measured pricing component. 3.2 Specialty Products (a) Exclusive Care. ESI Specialty Pharmacy is the exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product rates shown below. Upon ESI Specialty Pharmacy acquisition of limited distribution products, Members will obtain prescriptions through ESI Specialty Pharmacy. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARN7 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 9 Ingredient Cost Dispensing Fee Exclusive ESI Specialty See Exclusive Specialty Product List $0.00 Pharmacy Participating Pharmacy Participating Pharmacy Specialty Product List $0.75 Specialty Products Lesser of AWP discount, U&C or MRA as applicable) NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARN7 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 9 (b) Pricing for ASES is as follows: (i) For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, the following standard per diem and nursing fee rates shall apply. Exceptions to the standard per diem and nursing rates are set forth in (ii), below, which list may be updated from time to time by ESI. Pricing for home infusion supplies and services provided at Participating Pharmacies (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be pass through. Standard Per Diem $65/dose Standard Nursing Fee/ First 2 Hours $150 Standard Nursing Hourly $75 (ii) Additional exceptions to AWP Discount Rates and Standard Per Diem & Nursing Fees Brand Name AWP Discount Per Diem EPOPROSTENOL 1.0% $65/da REMODULIN 5.0% $65/da The AWP discount includes Phone Support Nursing, Supplies, Pump, first two training visits, and Coordination of In -Person Nursing. In-home nursing that is requested/needed beyond the first two training visits will be charged at a rate of $150 for the first two hours and $75 for every hour after. (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. (d) Unless otherwise set forth in an agreement directly between ESI Specialty Pharmacy and Client, if a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Client directly by ESI Specialty Pharmacy instead of being processed through ESI and Administrator, Client agrees to timely pay ESI Specialty Pharmacy for such claim pursuant to the rates above and within thirty (30) days of Client's, or its designee's, receipt of such electronic or paper claim from ESI Specialty Pharmacy. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. (e) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE - Administrator guarantees that the overall annual net effective discount for the products listed on the Specialty Products List will be at least AWP (-) minus 19.25% for Client (excluding limited distribution products). Within one hundred eighty days (180) following the end of each contract year ESI will calculate the actual net effective discount for the products listed on the Specialty Price List that were dispensed through the mail order channel to determine if the guarantee has been met. If the actual overall net effective discount is less than the guaranteed net effective discount ESI will reimburse Client the full dollar amount of the difference between the actual and guaranteed net effective discounts. Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Price List) divided by (Total AWP for the products listed on the Specialty Price List)) minus 1. This guarantee is contingent on Client's participation in the National Preferred Formulary and an exclusive specialty arrangement. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR98 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 10 3.3 Influenza and Other Vaccinations. Vaccinations shall adjudicate at the lower of: (a) * The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in the Agreement. This Vaccine Program Fee will apply to any vaccine claims, whether at contracted rates or U&C, and is in addition to any per Prescription Drug Claim administrative fee set forth in the Agreement. OR (b) the combined ingredient cost, dispensing fee (if any) and professional service fee (if any) that the Participating Pharmacy generally charges an individual paying cash, without coverage for prescription drug benefits, plus the Vaccine Program Fee set forth above. Coverage is subject to Plan provisions. No vaccine claims will be included in any guarantees set forth in the Agreement and/or amendments thereto. D. REBATES 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan design conditions identified in the table below, ESI will pay to Client the following guaranteed amounts: Formulary; Participating Pharmacy Participating Pharmacy National Plus INFLUENZA OTHER VACCINES Ingredient Cost Participating Pharmacy Participating Pharmacy Maintenance Ingredient Cost as set forth in the Ingredient Cost as set forth in Agreement the Agreement Dispensing Fee Participating Pharmacy Participating Pharmacy $157.00 per brand Dispensing Fee as set forth in the Dispensing Fee as set forth in $1,150.00 per brand Agreement the Agreement Professional Service Fee Pass -Through Pass -Through (PSF); cost for pharmacist (capped at $15 per vaccine claim) (capped at $20 per vaccine to administer the vaccine claim) Vaccine Program Fee * 1 $2.50 per vaccine claim $2.50 per vaccine claim * The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in the Agreement. This Vaccine Program Fee will apply to any vaccine claims, whether at contracted rates or U&C, and is in addition to any per Prescription Drug Claim administrative fee set forth in the Agreement. OR (b) the combined ingredient cost, dispensing fee (if any) and professional service fee (if any) that the Participating Pharmacy generally charges an individual paying cash, without coverage for prescription drug benefits, plus the Vaccine Program Fee set forth above. Coverage is subject to Plan provisions. No vaccine claims will be included in any guarantees set forth in the Agreement and/or amendments thereto. D. REBATES 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan design conditions identified in the table below, ESI will pay to Client the following guaranteed amounts: Formulary; ESI National Preferred National Plus Retail Home Delivery Specialty Network Maintenance Network 0) Rebates per $157.00 per brand $375.00 per brand $460.00 per brand $1,150.00 per brand Brand Rx claim claim claim claim Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the -84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARN9 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 11 2. Exclusions Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Limited Distribution products, biosimilar products, OTC products (except for insulin and diabetic supplies), vaccines, claims older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section 1 above. 3. Rebate Payment Terms Subject to the conditions set forth herein, ESI shall pay Client the guaranteed amounts set forth in Section 1 above within approximately one hundred and fifty (150) days following the end of each calendar quarter for utilization occurring during such quarter. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay Client amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI will have the right to apply Client's allocated Rebate amount to unpaid Fees. 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, rebates or other financial incentives on pharmaceutical products or formulary programs for claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or rebates on claims for Covered Drugs without prior written approval of ESI, such activity will be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.3 Under its Rebate program, ESI may implement ESI's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. ESI reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by ESI to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then ESI may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guaranty of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever discharges PBM and Administrator from any Losses arising from a pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETA4o AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 12 PDL, the Plan's design features, Client meeting criteria for Rebates, and the extent of participation in PBM's formulary management programs, as well as PBM/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that PBM may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event PBM does initiate collection action against a pharmaceutical company to collect Rebates, PBM may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Administrator shall only be responsible for the payment of Rebates to Client pursuant to the terms of this Agreement to the extent such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from PBM. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement is signed by Client. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts" pursuant to the federal anti -kickback statute set forth at 42 U.S.C. §1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. ESI will refrain from doing anything that would impede Client from meeting any such obligation. E. ESI's Inflation Protection Program IP Program. The Inflation Protection Program ("ESI IP Program"). Subject to the terms and conditions set forth in Section 2 below, under the ESI IP Program Administrator will pay to Client $2.00 per Formulary Brand Drug claim ("Client Inflation Payment"). Subject to the terms and conditions set forth herein, under the ESI IP Program, Administrator will pay Client the Client Inflation Payment within approximately one hundred and eighty (180) days following the end of each calendar quarter for utilization occurring during such calendar quarter. All non -Formulary claims and Generic Drug claims shall be excluded. Terms and Conditions of the Inflation Protection Program The following claims will be excluded from all calculations related to the Inflation Protection Program: Medicare claims, Medicaid claims, any other government health care program claims, OTCs, member submitted claims, subrogation claims, compounds, Generic Drugs, claims submitted by Sponsor owned, in- house, or on-site pharmacies, 340B claims, claims submitted through a 100% member cost -share program, Biosimilars, drugs where the quantity or packaging has been changed by the manufacturer from the past year, and drugs for which there was no utilization in the calendar year prior to the calendar year for which the Inflation Guarantee payment is being determined. If Sponsor makes material changes to its Formulary or benefit design that negatively impact ESI's ability to control inflation relative to Sponsor's Formulary drug mix, then ESI reserves the right to make an equitable adjustment to the Inflation Guarantee. ESI's Inflation Protection Program, and the underlying economics, is separate and apart from rebates and manufacturer administrative fees and the amounts described above will be paid to Sponsor in addition to any rebate payments to which Sponsor is entitled. Sponsor will not be entitled to receive any amounts related to drug price inflation or a related guarantee other than as set forth above. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR§1 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 13 F. The following pricing assumptions shall apply for purposes of this Agreement: 1. If Client decides to implement a mandatory generic, mandatory mail, step therapy or other program during the Term, ESI has agreed that proposed pricing terms other than rebate guarantees will remain unchanged. 2. ESI must agree to propose pricing based on its broad national retail network that includes all major national and regional pharmacy chains. 3. Pricing is not based upon the assumption that ESI will be the exclusive PBM. Client reserves the right to purchase specialty products from other sources. Client will have the option to select an open or exclusive specialty provider. Additionally, Administrator will work with Client as needed to re -direct specialty medications to a preferred provider. DISCOUNTS 4. The proposed "effective"eg neric discount and theeg neric discount guarantee calculation INCLUDES the following: • MAC Generics • Non -MAC Generics • Single Source Generics • Multi -Source Generics • Generics in their FDC -granted exclusivity period • Patent litigated claims • Generics with limited supply • Generic medications prescribed and/or dispensed in conjunction with a specialty medication 5. All Claims filled in Most Favored Nation states are INCLUDED in discount guarantees. 6. All Claims filled in rural pharmacies are INCLUDED in discount guarantees. 7. Ingredient Cost (including Member share) is defined as the lesser of the following: • AWP -Discount %; • MAC Price; or • Usual & Customary Price. 8. Discount will always be calculated using this formula (all Claims, including ZBDs): (1- [Ingredient Cost] / [AWP Price]) x 100. 9. "Gross Cost" is defined as: [Ingredient Cost] + [Dispensing Fee] + [Sales Tax]. 10. ESI agrees to apply Client -specific guarantees to all pricing components: • Discounts • Rebates • Admin Fees • Dispensing Fees 11. During the Term, contract guarantees will not change unless one of the following items occurs which could change the economics of the pricing arrangement and would need to be evaluated: (i) a change in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 12. There will be NO dispensing fee applied to Reversed/Rejected Claims. CLAIMS ADJUDICATION 13. There will be no price floors for amount paid on any Prescription Drug Claims. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR�(2 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 7 14 REBATES 14. Rebate revenue will not have any impact on discount guarantee reporting and/or true up. 15. Rebates will be paid for brand Prescription Drug Claims and at a flat minimum dollar -for -dollar guarantee basis 16. Contract rebate guarantees are not subject to change as a result of known brand patent expirations. 17. The rebate guarantees are not subject to formulary percentage criteria. DATA 18. Audit files will be supplied to Client and Client's consultant directly from the source system and should include all Prescription Drug Claims processed including, but not limited to, paid, reversed and denied Prescription Drug Claims. 19. ESI will provide the above mentioned extract at no charge to Client. 20. At no charge, ESI must be able to transfer data to Client's other vendor partners (e.g., medical plan administrator, stop loss vendor, disease management vendor, catastrophic claimant advocate, etc.), with an appropriate non -disclosure agreement in place. 21. ESI can provide the fully identified NCPDP expanded format to Client's consultant on a monthly basis at no additional charge for use by both the InfoLock team and the Pharmacy Analytics Team. 22. InfoLock Data feeds that are in place will be honored even after termination at no cost to Client or Client's consultant. In other words, if the Agreement is not renewed following the Term, InfoLock must still receive the 4th quarter data even though it will not be available until after termination of this Agreement. AUDITS 23. Third Party Audits- Client may employ a third party auditor, at Client's sole cost and expense, to conduct audits of the terms of this Exhibit A, including, but not limited to: • Pharmacy Claims transactions • Financial performance guarantees 24. Client's consultant (Lockton) may perform a pre -implementation audit prior to the Effective Date. MISCELLANEOUS 25. Any costs bidding 'entities may incur as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 26. Client will not be responsible for any unpaid Member co -payment or co-insurance amounts. 27. Client may not terminate this Agreement without cause and may only terminate this Agreement as expressly provided for in Article VI of the Agreement. 28. If this Agreement is terminated prior to the completion of a Contract Year, the financial guarantees associated with that partial Contract Year will still apply and be reconciled accordingly. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR43 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 15 29. Coordination of Benefits claims accounted for in the claims data and discount guarantees by a flag indicating that a transaction utilized COB functionality within the RxCLAIM system. COB claims are excluded from pricing guarantees, but are assessed an administrative fee if applicable. RxBenefits - ESI will be able to support Client's custom/current Rx Plan Design. G. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in Sections B, C and D of this Client Application. Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Client Application Exhibit A) is apart of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Client Application but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Client Application is attached and made a part of. IN WITNESS WHEREOF, Client has caused this Client Application Exhibit A to the Agreement) to be executed as of the Effective Date. In the event this Client Application is amended by the Parties after the Effective Date, the Parties may substitute such amended Client Application for the former Client Application, provided the Parties set forth the date'from and after which such amended Client Application shall be effective (the "date" line at the bottom of the Administrator's acknowledgment signature block on an amended Client Application shall be such new effective date with respect to such amended Client Application). The Parties further agree that they will attach such amended Client Application to this Agreement and provide a copy of this Agreement with the amended Client Application Exhibit A) to Administrator and Client for their respective records. Any such amended Client Application must be signed by Client's authorized representative and acknowledged, agreed to, accepted and dated by Administrator's authorized representative. CLIENT: Indian River County Board of County Commissioners Lo Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. By: Printed Name: Its: NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETAR§4 AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS lL ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT (this "Addendum"), entered into effective as of January 1, 2020 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. UWa Prescription Benefits, Inc. ("Administrator"), and Indian River County Board of County Commissioners ("Client'). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement'). 2. Administrator and Client hereby execute this Addendum for the purpose of documenting that Exhibit A (Client Application) to the Agreement has been amended and restated to reflect, among other things, new pricing terms. Such amended and restated Exhibit A (Client Application) shall be attached and affixed to the Agreement as Exhibit A (Client Application) in lieu of the prior Exhibit A (Client Application) upon execution of this Addendum by the parties' authorized representatives below and shall be in full force and effect as said Exhibit A from and after the Addendum Effective Date. 3. Except for the amendment and restatement of Exhibit A (Client Application) effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect and is hereby ratified and incorporated herein. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D EXHIBIT A CLIENT APPLICATION January 1, 2020 [IMPORTANT — PLEASE READ CAREFULLY: Client should complete Section A and carefully review this Exhibit A, which has been completed by Administrator, in order to ensure the accuracy and completeness of such information. Client shall promptly notify Administrator of any inaccuracy or omission with respect to such terms and conditions, if applicable (including, without limitation, the Client Information in Section A).] A. INFORMATION ABOUT CLIENT Client Name: Indian River County Board of County Commissioners HR/Primary Contact: Phone Mail Address: 1801 27th Street HR Contact Email: Fax: City/State/Zip: Vero Beach, Florida 32960-3365 Billing Contact: Phone: Main Phone: Billing Contact Email: Fax: Send Invoices and Confidential Standard Reports to: Authorized Website Users of Client (User's Name and E-mail Address): * Note: Client may add or delete Authorized Website Users by providing written notice of such changes to Administrator pursuant to the notice provisions of Article VIII:B of the Agreement. B. . PLAN DESIGN; MEMBER COST SHARE Member Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety.(90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. - Client agrees that it is responsible for Losses resulting from any failure to implement Plan design changes which are not communicated in writing to Administrator. In addition, Client shall notify Members of any Plan design changes prior to the effective date of any such changes. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D C. SERVICES: FORMULARY. 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this .Exhibit A) (the "Base Administrative Services"), as applicable: • Administration of eligibility submitted via tape or telecommunication • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections • Annual analysis of program utilization and impact of plan design and managed care interventions • Welcome Package and ID Cards for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and representatives 2. Additional Administrative Services: Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under the program as follows: 2.1 Administrative Fees 97 Transaction Fees Payable for Administrative Services (per $0.65 per Prescription Drug Claim made Article IV.B of the Agreement) by Members payable on a bi-monthlybasis Transaction Fees Payable for Administrator's Clinical $1.45 per claim Advantage Program individual 2rices listed in table below • Out of Pocket Protection Accumulation Not Elected • Out of Pocket Protection + Variable Copay Not Elected Assistance Program • SaveOnSP Not Elected • Out of Pocket Protection + SaveOnSP $0.40 per claim • Low Clinical Value Exclusions (LCV) $0.30 per claim • High Dollar Claim Review (HDCR) $0.75 per claim Initial Determinations (i.e. coverage reviews) and Level Included in the existing utilization One Non -Urgent Appeals for the Coverage Authorization management PMPM charge Program, consisting of: OR Prior Authorization Step Therapy Included in the existing PA charge of $55 Drug Quantity Management per initial determination* OR No Charge if Client elects HDCR Initial Determinations and Level One Non -Urgent Appeals $55 per initial determination for benefit reviews. Examples: copay review, plan OR excluded drug coverage review, administrative plan design No Charge if Client elects HDCR .review. 97 Additional Reviews for Initial Determinations (only $70.00 per review (incremental to initial applicable if client does not elect FIDCR): determination fees above) Additional review that require obtaining and reviewing $3.00 per claim medical records/chart notes by a provider, including.but not $3.00 per claim limited to a nurse or pharmacist 1 $0.32 / PMPM of Elected Final and Binding Appeals — Level Two Appeals and/or $10.00 per review* Urgent Appeals for UM, formulary, and benefit reviews. OR Services to manage combined medical -pharmacy benefits No Charge if Client elects HDCR External Reviews by Independent Review Organizations - for $800 per review non -grandfathered plans OR platform with the medical vendor/TPA, production No Charge if Client elects HDCR The following terms and conditions apply only if client does not elect HDCR: ■ Initial determination — this is the first review of drug coverage based on the plan's conditions of coverage. Initial determinations are also referred to as initial reviews, coverage reviews, prior authorization reviews, UM reviews, or benefit reviews. ■ The Level 2 and Urgent Appeal Service is an optional service for Clients to enroll in and there is an incremental fee of $10 per initial determination. ■ Level 2 and Urgent Appeals are not included in the UM package fees. ■ The Level 2 and Urgent Appeal Service fee is not charged per appeal. It is charged for each initial review. This allows Client to better estimate their appeal costs since it is based on the number of initial'determinations. The fees cover the legal and operational costs involved with handling final and binding appeal reviews, which includes, but is not limited to the following: staffing of clinical professionals and supportive personnel, notifications to patients and prescribers, and maintaining a process aligned with state and Federal regulations. ■ Charges for the Level 2 and Urgent Appeal Service are billed on the monthly admin invoice for completed initial determination for UM, formulary, and benefit reviews. No subsequent charges are incurred when cases are appealed. ■ Appeals can be deemed urgent at Level 1 or Level 2. Urgent appeal decisions are final and binding. If a Level 1 Appeal is processed as urgent, there is no Level 2 appeal. Advanced Utilization Management (AUM Bundle $0.46 / PMPM Member -submitted paper claims processing fee $3.00 per claim Medicaid subrogation claims fee $3.00 per claim Opioid Program 1 $0.32 / PMPM of Elected ACA Statin "Trend Management" Program $0.03 / PWM of Elected Services to manage combined medical -pharmacy benefits $0.10 P per combined accumulator up that are not a consumer -directed health (CDH) plan. to maximum of $0.20 PMPM for existing Services include ongoing management of the data exchange connection with medical carrier or TPA. platform with the medical vendor/TPA, production monitoring. and quality control, and designated operations Fees to establish connection with new team. Combined benefit types may include deductible, out of medical carrier or TPA are quoted upon pocket, spending account, and lifetime maximum. request: Network Pharmacy Audit Program 20% of audit recoveries 11 1 1 1 Customer service for Members Technical. $0.48 PMPM Bi-directional data exchange; dedicated operations; 24-hour Standard coordination of benefits (COB) reject for primary carrier a day, seven -days a week monitoring and quality control; *these charges would be in addition to any performance reporting; and analytics pricing adjustments if greater than ten Decision Support percent of Client's total utilization. for all Dedicated CDH member services, Prescription Benefit Plans is attributable to a CDHC. Review Statements, Retail Pricing Transparency Web -based client reporting — Annual Strategic Account Plan report Member Adherence Claims detail extract file electronic CPDP format Inquiry access to claims processing system ScreenRx . 1 Preventive Medications Member Education Proactive, personalized member communications open enrollment tools and member communications library, robust online features, and preventive care proactive, ersonalized member communications Part D subsidy enhanced service (ESI sends reports to CMS $1.12 PMPM for Medicare -qualified on behalf of Client) Members with a minimum annual fee of (i) Notice of Creditable Coverage $7,500 $1.35/letter+ postage Part D Subsidy standard service (ESI sends reports to Client) $0.62 PMPM for Medicare -qualified Members with a minimum annual fee of A. Notice of Creditable Coverage $5,000 $1.35/letter+ postage 99 Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan setup Standard coordination of benefits (COB) reject for primary carrier Software training for access to our on-line system(s) FSA eligibility feeds A. Network Pharmacy Services -Pharmacy help desk Pharmacy reimbursement -Pharmacy network management Network development (upon request) B. Home Delivery Services Benefit education Prescription delive — standard • 1 1 Web -based client reporting — Annual Strategic Account Plan report Ad-hoc desktop parametric reports Billing reports Claims detail extract file electronic CPDP format Inquiry access to claims processing system Load 12 months claims history for clinical reports and re ortin 1 Express-Scripts.com for Members — access to benefit, drug, health and wellness information; prescription ordering capability; and customer service 99 • New Member packets (includes two standard resin ID Implementation support cards) • Member replacement cards printed via web (For hard- coDv cards. charges are t)assed through from the PBM) Concurrent Drug Utilization Review (DUR) No Charge Overrides a. Sponsor -requested overrides b. Lost/stolen overrides c. Vacation supplies 2.2 Administrator Clinical Programs • If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already: in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. • If elected, Administrator's High Dollar Claim Review program C'HDCR'), will provide Client with umbrella protection against high-cost prescription claims for approved formulary drugs. Prescription claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. The following may apply: o RxBenefits manages the clinical review process for high dollar claims, providing oversight of the process. We communicate trends and savings results to clients through detailed reporting and analytics; o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. Foundational Utilization Management. UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate QL promotes FDA -approved dispensing guidelines by ensuring appropriate quantities are dispense. ST ensures the most clinically appropriate item is used first as part of adhering to accepted guidelines. When faced with two similar agents, the lowest cost option is promoted first. PA ensure FDA -approved guidelines with respect to indications are being met. Utilizing the PBM or customized criteria, RxBenefits has carved out the QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that a client elect a standard Utilization Management Programs promoted by Administrator. NOTE: Must have HDCR component in place to elect this component. The following may NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARYOTD apply: o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours.; o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. ■ If elected, PBM's Manufacturer Assistance Program for Specialty Medications ("MAP"), consists of 1 or 2 components when available, dependent on the specific plan design: (1) Accumulator Protection using Manufacturer Copay assistance dollars to help lower member out-of-pocket costs and client costs where funds are not applied to member deductible and member out-of-pocket maximum totals; and (2) Accumulator Protection Plus Variable Cost -Share, where plan changes can maximize available assistance funds to offset plan costs and cover the members' cost -share but does not apply to their deductible and out- of-pocket maximum, yielding high savings potential, or Therapeutic Interchange Programs where the specialty pharmacy will move members to preferred agents in order to allow the usage of copay assistance funds from manufacturers. Requires exclusive specialty pharmacy relationship. o If elected, the SaveOnSP program is a benefit design change implemented by PBM in conjunction with a third -party vendor, SaveOnSP. Within the SaveOnSP program, certain specialty medications are classified as non-essential health benefits. This means that any funds spent on these drugs no longer apply to the members' accumulators. In addition, the targeted drugs are assigned higher copays. In all cases, SaveonSP helps the member coordinate manufacturer -sponsored copay assistance. SaveOnSP targets drugs in six of the top ten specialty categories. ■ If elected, PBM's Advanced Opioid ManagementsM program reaches out to physicians, pharmacists and patients at key touchpoints to minimize early exposure to opioids and to prevent patients from progressing to overuse and abuse. Patients will be required to start therapy with no more than a 7 -day supply of short-acting medications (with certain exceptions). Member Education will start at the first fill. Doctors will be notified at the point of care when specific signs of misuse and abuse are observed. 3. Pricing Terms. The financial terms set forth are conditioned on such exclusive arrangement and all other specified conditions set forth in Exhibit A of the Agreement. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of Brand Drug and Generic Drug pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined plan design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: ■ Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or (iii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ If no adjudication rates are specified herein, each claim will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. The discounted ingredient cost will be the lesser of MAC (as applicable), U&C or the applicable AWP discount. Claims dispensed at ESI Mail Pharmacy will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARYO f D 3.1 Pricing. (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's Renewal Term (as described in Article VI(A) of the Agreement) that begins on or after the Addendum Effective Date. [1 -(total discounted AWP ingredient cost (including any retrospective pharmacy payments) but excluding dispensing fees and ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Discounted ingredient cost will be the lesser of MAC (as applicable), U&C or AWP discount. Notwithstanding anything herein to the contrary: (i) a Prescription Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates), as indicated on. the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Brand guarantee below; and (ii) a Prescription Drug Claim that processes at the Generic Drug rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates) above, as indicated on the ingredient cost .field of the Prescription Drug Claim's data record, shall be reconciled as part of the Generic Drug guarantee below. The only Prescription Drug Claims that may be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" column of the table below in addition to claims dispensed in Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, Hawaii, Massachusetts, and Alaska. All other Prescription Drug Claims may be included in the reconciliation of the guarantees. PARTICIPATING PHARMACY i ' 1 1' • 11' RETAIL MAINTENANCE C ' 1 NETWORK (84 90 DAI'S' SUPPLY) 1' • 11' MAIL SERVICE PHARIMACY ' ' 1 11' ' 86.50%_ Claims Excluded: OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee), biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable) (b) Dispensing Fee. ESI will guarantee an average aggregate annual per Prescription Drug Claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable Prescription Drug Claims for the annual period divided by total of applicable Prescription Drug Claims for the annual period which will represent the same underlying claims dataset used to calculate the "Ingredient Cost Guarantee" of this Exhibit A]. Dispensing fees will be calculated using the NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARYI"D. lesser of MAC (as applicable), U&C or AWP discount adjudication methodology. Claims Excluded: OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee), biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). Notwithstanding the foregoing, Administrator guarantees that Client will only be responsible for up to a twenty percent increase over the carrier rates of the previous calendar year. At Client's request, Administrator will reimburse Client for any payments made in excess of such twenty percent increase in carrier rates. Guarantees will be measured and reconciled on an annual basis. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the then current contract year (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such Partial Contract Year. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement; over performance in any component will not be used to offset performance in any other measured pricing component. Notwithstanding anything in this Agreement to the contrary, the Generic average annual ingredient cost discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand average annual ingredient discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and generic pricing may be subject to certain "dispensed as written" (DAW) protocols and Client or Plan defined plan design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. Notwithstanding anything in this Agreement to the contrary, any rebate guarantees set forth in this Agreement will be reconciled using ESI's NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D BRAND $0.65 dispensing fee GENERIC $0.65 dis ensin fee 9INVEYN BRAND O .. $0.65 dispensing fee GENERIC $0.65 dispensing fee BRAND $0.00 dispensing fee GENERIC $0.00 dispensing fee Claims Excluded: OTC, compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee), biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). Notwithstanding the foregoing, Administrator guarantees that Client will only be responsible for up to a twenty percent increase over the carrier rates of the previous calendar year. At Client's request, Administrator will reimburse Client for any payments made in excess of such twenty percent increase in carrier rates. Guarantees will be measured and reconciled on an annual basis. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the then current contract year (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such Partial Contract Year. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement; over performance in any component will not be used to offset performance in any other measured pricing component. Notwithstanding anything in this Agreement to the contrary, the Generic average annual ingredient cost discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand average annual ingredient discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and generic pricing may be subject to certain "dispensed as written" (DAW) protocols and Client or Plan defined plan design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. Notwithstanding anything in this Agreement to the contrary, any rebate guarantees set forth in this Agreement will be reconciled using ESI's NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D proprietary brand/generic algorithm. Any claim that is considered a single source generic will be included in the generic reconciliation. 3.2 Specialty Products (a) Exclusive Care. ESI Specialty Pharmacy is the exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product rates shown below. Upon ESI Specialty Pharmacy acquisition of limited distribution products, Members will obtain prescriptions through ESI Specialty Pharmacy. * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESI Specialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. Client shall be responsible for the costs of all ASES. Immune Deficiency All Immune Deficiency Drugs requiring $60.00 / Infusion Exclusive ESI Specialty Pharmacy See Exclusive Specialty Product List $0.00 Enzyme Deficiency Participating Pharmacy Specialty Products Participating Pharmacy Specialty Product List $0.65 * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESI Specialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. Client shall be responsible for the costs of all ASES. (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms 104 Immune Deficiency All Immune Deficiency Drugs requiring $60.00 / Infusion Per Diem Enzyme Deficiency All Enzyme Deficiency Drugs required $60.00 / Infusion Per Diem Miscellaneous Specialty Duopa $65.00 / Day Conditions Miscellaneous Specialty Soliris $60.00 Infusion Conditions PAH Flolan, Veletri, Epoprostenol Sodium $65.00 / Day (generic-Flolan/Veletri), and Remodulin PAH Ventavis $65.00 / Day PAH Tyvaso $30.00 / Day Inflammatory Conditions Remicade $60.00 / Infusion Alpha 1 Deficiency All Alpha 1 Deficiency Drugs requiring $55.00/Infusion Per Diem Nursing Rates All drugs / therapies requiring nursing $150.00 per initial visit up to two (2) hours/$75.00 per additional hour or a fraction thereof (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms 104 specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. (d) Unless otherwise set forth in an agreement directly between ESI Specialty Pharmacy and Client, if a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Client directly by ESI Specialty Pharmacy instead of being processed through ESI and Administrator, Client agrees to timely pay ESI Specialty Pharmacy for such claim pursuant to the rates above and within thirty (30) days of Client's, or its designee's, receipt of such electronic or paper claim from ESI Specialty Pharmacy. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. (e) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE - Administrator guarantees that the overall annual net effective discount for the products listed on the Specialty Products List will be at least AWP (-) minus 19.50% for Client (excluding limited distribution products). Within one hundred and eighty (180) days following the end of each Contract Year, ESI will calculate the actual net effective discount for the products listed on the. Specialty Products List that were dispensed through the mail order channel to determine if the guarantee has been met. If the actual overall net effective discount is less than the guaranteed net effective discount Administrator will reimburse Client the full dollar amount of the difference between the actual and guaranteed net effective discounts. Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Products List) divided by .(Total AWP for the products listed on the Specialty Products List)) minus 1. This guarantee is contingent on Client's participation in the National Preferred Formulary or Basic Formulary and an exclusive specialty arrangement. 3.3 Vaccine Claims (NO VACCINE CLAIMS WILL BE INCLUDED IN ANY PRICING OR REBATE GUARANTEE SET FORTH IN THE AGREEMENT). (a) General Terms applicable to Vaccine Claims 1. "Vaccine Claim" means a claim for a Covered Drug which is a vaccine. 2. "Vaccine Vendor Transaction Fee" means the data interchange fee that ESI is charged by its third party vendor to convert Vaccine Claims submitted electronically by physicians to NCPDP 5.1 format in order for ESI to process the claim. 3. Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. In the case of Vaccine Claims, the U&C shall be the retail price charged by a Participating Pharmacy for the particular vaccine, including administration and dispensing fees, in a cash transaction on the date the vaccine is dispensed as reported to ESI by the Participating Pharmacy. 4. The Vaccine Administration Fee for Vaccine Claims for Members enrolled in Client's Medicaid programs, if any, will be capped at the maximum reimbursable amount under the state Medicaid program in which the Member is enrolled. 5. All Vaccine Claims will be subject to any Administrative Fees set forth in the Agreement. 6. Vaccine Claims will be charged a program fee of $2.50 per Vaccine Claim (except for Medicare Part D covered Vaccine Claims, if applicable). The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in this Agreement. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D (b) Commercial (Including Medicaid and Exchange, if applicable) (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. kORIM MIULUI Owl Mau Lower of submitted ' Vaccine Pass -Through Pass -Through amount or pharmacy Administration (capped at $15 per (capped at $20 per amount Fee vaccine claim vaccine claim)Submitted $20.00 if administered at a Ingredient Cost Participating Pharmacy Participating Pharmacy Participating Pharmacy) Ingredient Cost as set Ingredient Cost as set Submitted amount forth in the Agreement forth in the Agreement amount or pharmacy Dispensing Fee Participating Pharmacy Participating Pharmacy contracted rate Dispensing Fee as set Dispensing Fee asset Submitted amount forth in the Agreement I forth in the Agreement amount or pharmacy Administrative Administrative Fee per Prescription Drug Claim as Administrative Fee per Fee/Vaccine set forth in the Agreement Prescription Drug Claim Claim (plus manual claim Transaction Fee N/A administrative fee) as set for Vendor Transaction forth in the Agreement Vaccine Program $2.50 per vaccine claim N/A Fee subject to change) (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. 106 MIULUI Owl Mau Lower of submitted ' Vaccine Administration Pass -Through amount or pharmacy Pass -Through Fee (capped at $20 per Vaccine contracted rate (capped at (capped at $20 per Claim) $20.00 if administered at a Vaccine Claim) Participating Pharmacy) Ingredient Cost Lower of submitted Pass -Through amount or pharmacy Pass -Through contracted rate Dispensing Fee Lower of submitted Pass -Through amount or pharmacy Pass -Through contracted rate Vendor Pass through at ESI cost Transaction Fee N/A N/A for Vendor Transaction Fee (currently $3.75, subject to change) 106 D. REBATES Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: The Extended Days' Supply pricing set forth in this Agreement shall be subject to certain requirements, as follows. Extended Days' Supply shall mean; (1) for all lines of business other than Medicare or EGWP, any supply of a covered drug of 84 days or greater; and (2) for Medicare or EGWP, if applicable, any supply of a covered drug of 35 days or greater. Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the 84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions. Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products, biosimilar products, OTC products (except for insulin and diabetic supplies), vaccines, claims.older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section 1 above. 3. Rebate Payment Terms Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred eighty (180) days following calendar quarter adjudicated for Rebates received during the prior calendar quarter. Administrator shall pay Client the guaranteed amounts set forth in Section 1 above within approximately thirty (30) days following receipt of the Rebate payments from ESI. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. ESI will retain Manufacturer Administrative Fees on Specialty Products. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARYI"ID NATIONAL PLUS NETWORK $180.00 per Brand claim RETAIL MAINTENANCE NETWORK $430.00 per Brand claim 84-90 DAYS' SUPPLY HOME DELIVERY PRODUCTS $529.00 per Brand claim SPECIALTY PRODUCTS $1,400.00 per Brand claim The Extended Days' Supply pricing set forth in this Agreement shall be subject to certain requirements, as follows. Extended Days' Supply shall mean; (1) for all lines of business other than Medicare or EGWP, any supply of a covered drug of 84 days or greater; and (2) for Medicare or EGWP, if applicable, any supply of a covered drug of 35 days or greater. Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the 84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions. Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products, biosimilar products, OTC products (except for insulin and diabetic supplies), vaccines, claims.older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section 1 above. 3. Rebate Payment Terms Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred eighty (180) days following calendar quarter adjudicated for Rebates received during the prior calendar quarter. Administrator shall pay Client the guaranteed amounts set forth in Section 1 above within approximately thirty (30) days following receipt of the Rebate payments from ESI. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. ESI will retain Manufacturer Administrative Fees on Specialty Products. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARYI"ID 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, Rebates or other financial incentives on pharmaceutical products or formulary programs for Prescription Drug Claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative Rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or Rebates on claims for Covered Drugs without prior written approval of ESI, such activity will be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.3 Under its Rebate program, ESI may implement ESI's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. ESI reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by ESI to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then ESI and Administrator may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guaranty of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever discharges ESI and Administrator from any Losses arising from a pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the PDL, the Plan's design features, Client meeting criteria for Rebates, and the extent of participation in ESI's formulary management programs, as well as ESI/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that ESI may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event ESI does initiate collection action against a pharmaceutical company to collect Rebates, ESI may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Notwithstanding any provision of this Agreement to the contrary, Administrator shall only be responsible for payment of Rebates to Client pursuant to the terms of this Agreement if such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from ESI. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement is signed by Client. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts pursuant to the federal anti -kickback statute set forth at 42 U.S.C. §1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. ESI will refrain from doing anything that would impede Client from meeting any such obligation. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D E. The following pricing assumptions shall apply for purposes of this Agreement: 1. If Client decides to implement a mandatory generic, mandatory mail, step therapy or other program during the Term, ESI has agreed that proposed pricing terms other than rebate guarantees will remain unchanged. 2. ESI must agree to propose pricing based on its broad national retail network that includes all major national and regional pharmacy chains. DISCOUNTS 3. The proposed "effective"eg neric discount and theeg neric discount guarantee calculation INCLUDES the following: MAC Generics Non -MAC Generics Single Source Generics Multi -Source Generics Generics in their FDC -granted exclusivity period Patent litigated claims Generics with limited supply Generic medications prescribed and/or dispensed in conjunction with a specialty medication 5. All Claims filled in Most Favored Nation states are INCLUDED in discount guarantees. 6. All Claims filled in rural pharmacies are INCLUDED in discount guarantees. 7. Ingredient Cost (including Member share) is defined as the lesser of the following: AWP -Discount %; MAC Price; or Usual & Customary Price. 8. Discount will always be calculated using this formula (all Claims, including ZBDs): (1- [Ingredient Cost] / [AWP Price]) x 100. 9. "Gross Cost" is defined as: [Ingredient Cost] + [Dispensing Fee] + [Sales Tax]. 10. ESI agrees to apply Client -specific guarantees to all pricing components: Discounts Rebates Admin Fees Dispensing Fees 11. During the Term, contract guarantees will not change unless one of the following items occurs which could change the economics of the pricing arrangement and would need to be evaluated: (i) a change in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 12. There will be NO dispensing fee applied to Reversed/Rejected Claims. CLAIMS ADJUDICATION 13. There will be no price floors for amount paid on any Prescription Drug Claims. REBATES NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY"D 14. Rebate revenue will not have any impact on discount guarantee reporting and/or true up. 15. Rebates will be paid for brand Prescription Drug Claims and at a flat minimum dollar -for -dollar guarantee basis. 16. Contract rebate guarantees are not subject to change as a result of known brand patent expirations. 17. The rebate guarantees are not subject to formulary percentage criteria. DATA 18. Audit files will be supplied to Client and Client's consultant directly from the source system and should include all Prescription Drug Claims processed including, but not limited to, paid, reversed and denied Prescription Drug Claims. 19. ESI will provide the above-mentioned extract at no charge to Client. 20. At no charge, ESI must be able to transfer data to Client's other vendor partners (e.g., medical plan administrator, stop loss vendor, disease management vendor, catastrophic claimant advocate, etc.), with an appropriate non -disclosure agreement in place. 21. ESI can provide the fully identified NCPDP expanded format to Client's consultant on a monthly basis at no additional charge for use by both the InfoLock team and the Pharmacy Analytics Team. 22. InfoLock Data feeds that are in place will be honored even after termination at no cost to Client or Client's consultant. In other words, if the Agreement is not renewed following the Term, InfoLock must still receive the 4th quarter data even though it will not be available until after termination of this Agreement. AUDITS 23. Third Party Audits- Client may employ a third -party auditor, at Client's sole cost and expense, to conduct audits of the terms of this Exhibit A, including, but not limited to: 24. Pharmacy Claims transactions Financial performance guarantees Client's consultant (Lockton) may perform a pre -implementation audit prior to the Effective Date. MISCELLANEOUS 25. Any costs bidding entities may incur as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 26. Client may not terminate this Agreement without cause and may only terminate this Agreement as expressly provided for in Article VI of the Agreement. 27. If this Agreement is terminated prior to the completion of a Contract Year, the financial guarantees associated with that partial Contract Year will still apply and be reconciled accordingly. 28. Coordination of Benefits claims accounted for in the claims data and discount guarantees by a flag indicating that a transaction utilized COB functionality within the RxCLAIM system. COB claims are excluded from pricing guarantees but are assessed an administrative fee if applicable. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY]iD 29. RxBenefits - ESI will be able to support Client's custom/current Rx Plan Design. F. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in Sections B, C and D of this Client Application. Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Client Application Exhibit A) is a part of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Client Application but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Client Application is attached and made a part of. IN WITNESS WHEREOF, Client has caused this Client Application Exhibit A to the Agreement) to be executed as of the Effective Date. In the event this Client Application is amended by the Parties after the Effective Date, the Parties may substitute such amended Client Application for the former Client Application, provided the Parties set forth the date from and after which such amended Client Application shall be effective (the "date" line at the bottom of the Administrator's acknowledgment signature block on an amended Client Application shall be such new effective date with respect to such amended Client Application). The Parties further agree that they will attach such amended Client Application to this Agreement and provide a copy of this Agreement with the amended Client Application (Exhibit A) to Administrator and Client for their respective records. Any such amended Client Application must be signed by Client's authorized representative and acknowledged, agreed to, accepted and dated by Administrator's authorized representative. CLIENT: Indian River County Board of County Commissioners 0 Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. By: Printed Name: Lauren Simmons Its: Sr. Director of Compliance & Legal Affairs NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARyffD E• Indian River County, Florida Department of Utility Services Board Memorandum Date: November 9, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Change Order to TLC Diversified, Inc., for the South Reverse Osmosis Odor Control Equipment Replacement Background/Analysis: On April 9, 2019, the Board of County Commissioners (BCC) approved Work Order 12 to Kimley-Horn and Associates, Inc. (KHA) for design, bidding assistance, and construction management services for the replacement of the degasified/scrubber blower (odor control system) at the South County Reverse Osmosis (RO) Water Treatment Plant. Design was completed, and bids solicited and accepted on behalf of the Indian River County Department of Utility Services (IRCDUS). On December 17, 2019, Bid #2020-009 was awarded to TLC Diversified, Inc., (TLC) of Palmetto, FL, as the lowest, most responsive bidder with a price of $208,100.00. The Notice to Proceed (NTP) was issued on February 13, 2020. During the replacement of the new blowers, it was found that the five actuator valves that control the air flow through the blower are in need of replacement. TLC submitted a proposal to replace and install five actuator valves for a lump sum of $60,194.25. Staff and our consultant have evaluated the proposal and believe that the scope and fee are reasonable. At this time, we are requesting a change order to Bid #2020-009 with TLC in the amount of $60,194.25 for additional repairs. The repairs provided through this change order will increase the contract total to $268,294.25 and add 60 days to the contract time. If approved, the substantial completion will be 270 days, and 300 days for final completion from the NTP. Funding: Funds for this project are derived from the South RO Blower Replacement account in the Utilities Operating Fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount South RO Water Plant Blower Replacement 1 47121936-044699-19519 $60,194.25 112 Recommendation: Staff recommends that the Board of County Commissioners approves the change order to Bid #2020- 009 with TLC Diversified, Inc., in the amount of $60,194.25, and authorize the Chairman to execute the change order on their behalf. Attachment: 1. Change Order to Proposal 113 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: November 6, 2020 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR TLC Diversified, Inc. Project: Oslo Water Treatment Plant Blower Replacement OWNER'S Bid No. 2020-009 You are directed to make the following changes in the Contract Documents: Description: Replacement of the five (5) existing post-treatment system off -gas electric actuators. The existing dampers are to remain. Reason for Change Order: Field investigation during startup of the newly installed blowers discovered the dampers are not fully closing/opening. IRC had the actuator field service technician visit site to service these actuators which identified that the actuators failed, and repairs would be cost prohibitive. These dampers are critical to off -gas treatment system and also protect the recently replaced blowers from reverse spinning when not in operation. Accordingly, it is our recommendation these actuators be replaced immediately. Attachments: Change proposal from TLC and Limatorque Actuator Evaluation Report. CHANGE IN CONTRACT F___ PRICE: Time Description Amount Original Contract Price $208,100.00 Net Increase (Decrease) $0.00 from previous Change 0 Orders No. : (days) Contract Price prior to this $ 208.100.00 Change Order: 0 Net increase (decrease) of $ 60,194.25 this Change Order: (days or dates) Contract Price with all $ 268,294.25 approved Change Orders: 240 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 210 Final Completion: 240 Net change from previous Change 0 Orders No.: (days) Substantial Completion: 0 Final Completion: 0 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 210 Final Completion: 240 Net increase (decrease) this 60 Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 270 Final Completion: 300 MMENDED: By:. ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: CO -1 -Actuator Replacement n -t 00942-1 October 6, 2020 Mr. Nick Black P.E. Kimley Horn and Associates 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 RE: Oslo Water Treatment Plant Blower Replacement Change Proposal 02 — Replace Limitorque Actuators Mr. Black, TLC Diversified, Inc. Keeping Water Moving. Environmental Construction Professionals Serving the Water & Wastewater Industry CG C041816 CU C053963 Please see attached our proposal for furnishing and installing five (5) new Limitorque actuators on the existing Degas System valves. We have included all labor, equipment, and materials necessary to complete the following: 1. Replace Limitorque Actuators a. Furnish and install five (5) new Limitorque actuators on the existing Degas System valves for the lump sum price of Sixty Thousand One Hundred Ninety Four Dollars and 25/100 ($60,194.25) This additional work will require an extension of Contract time.. Please add sixty (60) calendar days to the Project Completion date. We appreciate the opportunity to work with you on the project. Should have any questions please free to contact us, Thanks. Respectfully, nk'el�aee nleea�ctry Michael McCarty Sr. Project Manager TLC Diversified, Inc. 561-315-5688 N N no �j N N LL a c W K E o C CL U. cOi O` � cLLN UO m L ZO C? `y > � O 9 U w O E m A N O CD m �. 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PIERCE, FL WW #1730 Deliver To: 4510 PROSPERITY DRIVEFrom: Gary Morgan WATERWORKS FORT PIERCE, FL 34981-0000Comments: Phone: 772.467-0137 Fax: 772-467-0472 10:52:34 OCT 05 2020 Page 1 of 1 FEL -POMPANO BEACH, FL WW #125 Price Quotation Phone: 772-467-0137 Fax: 772-467-0472 Bid No: B450327 Bid Date: 09/29/20 Quoted By: GM dust Phone: 941-722-0621 Terms: NET 10TH PROX Customer: TLC DIVERSIFIED INC Ship To: TLC DIVERSIFIED INC 2719 17TH STREET EAST 2719 17TH STREET EAST PALMETTO, FL 34221 PALMETTO, FL 34221 Cust PO#: LIMITORQUE Job Name: IRC OSLO BLOWERS Item Description Quantity Net Price UM Total SP-LQX2460VOCAWWA LIMITORQUE ELECT ACT QX -2 O/C 5 7565.000 EA 37825.00 OPEN/CLOSE,.120VAC NEMA 4/4X EXISTING 'LY' UNITS ARE OBSOLETE & CURRENT REPLACEMENT IS QX. EXISTING MOUNTING BASE CAN BE RE -USED, WE WILL MACHINE THE NEW DRIVE NUTS,BUT WILL NEED TO KNOW MAKE/MODEL/STEM SIZE IN ORDER TO MACHINE PROPERLY. VERIFY POWER/FUNCTION PRIOR TO REL. 3-4 WKS LEAD TIME **MOUNTING/INSTALL BY OTHERS **INCLUDES 5 DAYS OF STARTUP **IF TRAINING NEEDED, ADDT'L DAY TO BE CHARGED AT PER DAY COST** Net Total: $37825.00 Tax: $2319.50 Freight: $0.00 Total: $40144.50 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to 117 complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1208&on=4981 F tech Your Vatve & Automation Experts REF: PO# A1730-515 Location: City of Vero Beach 1500 91h Street SW c/o TLC Diversified Vero Beach, FL 32962 Gary, Our Technician arrived onsite on 9/11/20 and found that the assemblies in question look to have a loose fit in the coupling mounting to the actuator. We found that the limits were not set properly, causing the valve to both open too far and come up short of closing. The Limitorque LY Actuator was leaking oil into the electrical compartment, causing damage to the electric components of the actuator. The seat inside of the valve looks to be damaged due to the incorrect setting of the actuator. We also found that (1) motor seemed to have bearings going bad. This was discovered via the noise the bearings are making. Due to the issues noted above and the costs that would be incurred to correct the issues found, we are recommending that the best path forward is to replace the actuators. After evaluation, our technician did a final checkout with the End User and exited the facility. Please let us know if there are any questions or any further information that is needed. Thank You John Allen Flotech, Inc. 118 gS INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip). Matson, AICP, Community Development Director Andy Sobczak, Chief, Environmental Planning and Code Enforcement FROM: Steven S. Hitt, M.S., Senior Environmental Planner SUBJECT: Work Order No. 37 - Kimley-Horn and Associates,, Inc. Indian River County Vulnerability Assessment Study DATE: November 6, 2020 DESCRIPTION AND CONDITIONS On September 15, 2020, the Board of County Commissioners (BCC) approved a Grant Agreement with the Florida Department of Environmental Protection (FDEP) for a $75,000.00 Resilience Planning Grant (RPG), and authorized the chairman to execute the Grant Agreement. Subsequently, staff received a fully executed Grant Agreement back from FDEP and authorization to begin work on the Vulnerability Assessment Study. On April 17, 2018, the Board of County Commissioners approved a Continuing Consulting Engineering Services Agreement (RFQ2018008) between Indian River County and Kimley-Horn and Associates, Inc. (KHA) for professional services. To complete the Vulnerability Assessment Study, County staff requested a proposal from KHA. As such, KHA submitted Work Order No. 37 for completion of the Vulnerability Assessment Study. FUNDING In accordance with the Grant Agreement, a portion of the grant award may be used to pay for staff time related to the project's oversight. Accordingly, $8,272.00 of the grant award will go towards County staff time, while the remaining $66,728.00 will go towards the KHA's completion of the project through Work Order No. 37. Funding for the grant will be provided by a budget amendment of $75,000 to the revenue account MSTU/DEP/ Sea Level Rising Study Grant, Account # 004033-334300-20043, and to the expense account MSTU/Env. Planning/Other Professional Services/DEP-Sea Level Rising Study, Account # 00420724-033190-20043. RECOMMENDATION Staff recommends that the BCC approve Work Order No. 37 for Kimley-Horn and Associates, Inc. to complete the Vulnerability Assessment Study as outlined in Work Order No. 37, and authorize the 119 Chairman to execute Work Order No. 37 in the lump sum amount of $66,728.00. ATTACHMENTS 1. Kimley-Horn and Associates, Inc. Work Order No. 37 120 WORK ORDER No. 37 KIMLEY-HORN AND ASSOCIATES, INC. INDIAN RIVER COUNTY VULNERABILITY ASSESSMENT STUDY This Work Order Number 37 is entered into as of this 17th day of November. 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the.terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS 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 AttorneY21 Exhibit A — Scope of Work Overview Kim ley -Horn Associates Inc., hereinafter referred to as the "Consultant," has been contracted by the Indian River County, hereinafter referred to as the "County, to provide Continuing Engineering Services under Agreement RFQ 2018008. The contractual terms and reference for this task order are based on Agreement RFQ 2018008. Background In 2018, Indian River County revised its 2030 Comprehensive Plan - Coastal Management Element (CME) to bring it into compliance with the Peril of Flood Requirements of Sec. 163.3178(2)(f) F.S. During that process, potential sea level rise (SLR) inundation scenarios were mapped and impacts based on general land use types were analyzed. Basic mitigation and adaptation strategies were also discussed during the CME update. To build upon this effort, a more specific analysis of SLR and flooding risk is needed. To do this, a vulnerability assessment for assets, infrastructure, and communities in Indian River County will be completed. In addition, and as part of this project, the vulnerability assessment will be used to develop adaptation strategies that address the risk of impacts from SLR and coastal flooding. While the proposed grant project will cover the unincorporated areas of Indian River County located east of I- 95 (excluding the City of Vero Beach, City of Sebastian, City of Fellsmere, Town of Orchid and Town of Indian River Shores), the main area of focus will be the coastal areas along the eastern end of the study area (see Figure 1 below). The grant for this project was made possible through the Florida Department of Environmental Protection's Resilient Coastlines Program. Figure 1- Project Area COUP TK' - AD 'COV 41 Y I �#rS n Z1+Ri 6L..�7 .L •y ilf Fil ve ti ':�, fiFrsr ` � tucle COUNTY -r fN ! ,C 41 ! v c r C,. (f I! 1 3 (} ' it j r� f� K `. r l„ i r a n tA : 1. F i r C •� t 1 C.1 n � 1 Y t o i. o- z o n- l? �iZJn4�'a 122 The tasks required to deliver this project are identified below. Task #1 A. Title: Coordination and Public Meeting B. Goal: The County will establish a working group who will be involved in the project and aid in delivery. The County will advertise and schedule a public meeting to solicit information from the general public, community representatives, and stakeholders with respect to coastal flooding. C. Description: (COORDINATION) The Consultant will attend a kickoff meeting (web -based) with the County to introduce team members, establish the lines of communication and flow of information. Prior to the kick-off meeting, the County will assemble an.internal working group. During the kick-off meeting the Consultant will liaise with the working group to solicit information regarding perceived or real threats from SLR and coastal flooding to assets, infrastructure, and communities in the County. The working group members will provide the following information to the Consultant for inclusion in the project: • Latest GIS file including shapefiles of the COUNTY's boundaries; • Copy of the County's 2030 Comprehensive Plan - Coastal Management Element (CME) published in 2018 • Existing and future land use; • Latest Digital Elevation Model (2007); • Inventory or stormwater/water/wastewater assets; • COUNTY -maintained streets; • Shelters/Schools/Hospitals/County building — shapefile of building footprints and available finished floor information; • County Maintained parks; • Highwater marks and repetitive loss reports at or near the critical infrastructure owned or maintained by the COUNTY; • Known trouble spots or reports of concern at or near as selected by the COUNTY. The Consultant will prepare a register to track data collected from the County and to be further supplemented in Task 2. Description: (PUBLIC MEETING): The County will advertise and schedule a public meeting to solicit information from the public, community representatives, and stakeholders regarding real and perceived threats from SLR and coastal flooding for inclusion in the project. The Consultant will attend the public meeting (web -based) and will assist the County in answering questions from the public. D. Deliverable(s): 1) Agendas and sign -in sheets for all workshops/meetings showing the location, date and time of the workshop/meetings 2) Copies of presentations and workshop/meeting materials —where pertinent 3) Brief summary reports (meeting highlights) of each workshop/meeting including attendee input and workshop/meeting outputs 4) Register of inventory of assets, infrastructure, and communities identified — prepared in a technical memorandum. 5) Attend one web -based public meeting Task #2 A. Title: Data Collection and Review B. Goal: Acquire recent SLR and coastal flooding data from government sources. Establish a planning level horizon for vulnerability assessment. C. Description: The Consultant will review the data provided by the County in Task 1 and will acquire the latest Digital Elevation Model (DEM) to use as the basis for the vulnerability assessment. The D will provide the basis of the Vulnerability Assessment and will be used "as is" to project flood deptMtial conditions will be set based on the DEM. The CONSULTANT will not review the DEM for topographic voids and will not include any as -built conditions or cut -over dates since the publication of the DEM. The Consultant will also collect the following published data: • SLR information from both the Army Corps of Engineers and National Oceanic Atmospheric Administration (NOAA). SLR information will be based on the 2017 NOAA rates; • Available tidal elevations from nearby NOAA gauges; • Design rainfall even based on the South Florida Water Management District's Basis of Review for the 100-year/1-day event; • Latest Federal Emergency Management Agency (FEMA) flood maps; • Predicted storm surge for a Category 1 and 3 Hurricanes (based on available data from the Indian River County Emergency Management Division) The Consultant will facilitate a meeting with County Staff to establish the planning horizon for the project (i.e. 30 years or 2050 based on asset class). D. Deliverable(s): 1) Technical memorandum summarizing the data collection results and the planning level horizon. Task #3 A. Title: Preliminary Exposure Analysis B. Goal: Create a paired asset threat matrix based on ranking of SLR and coastal flooding impacts to County assets, infrastructure, and communities. C. Description: Based on the assets identified in Task 1 (Working Group and Public Meeting) unincorporated areas of the County located east of 1-95 will be screened for exposure to SLR and coastal flooding using online tools such as NOAA's Coastal Flood Exposure Mapper, NOAA's Sea Level Rise Viewer, University of Florida Sea Level Rise Sketch Tool Viewer, and other resources. The following are examples of screening parameters for Task 3: • SLR for the low/medium/high projections -given exposure (i.e. if SLR does not impact all assets on a given curve — the next highest curve will be used) • Top 3 King Tide elevations (highest recorded elevation through 2019 as available on nearby NOAA gauge) • Predicted storm surge for a Category 1 Hurricane (based on data from Indian River County Emergency Management Division) • Predicted storm surge for Category 3 Hurricane (based on date from Indian River County Emergency Management Division) • Combined sea -level rise (low projection) with FEMA flood information — (static evaluation — no coastal modeling of wave action will be performed) • Combined sea -level rise (high projection) with FEMA flood information (static evaluation — no coastal modeling of wave action will be performed) • Category 1 event with combined SLR — high projection (static evaluation no coastal modeling of wave action will be performed) A preliminary ranking of areas, as reasonably defined by topography or exposure limits, will be established based on flooding depths and potential disruption of services. (The areas will be ranked (qualitatively) to assign criticality for the paired asset threat matrix for the purposes of completing a vulnerability assessment in Task 4). D. Deliverable(s): 1) Technical memorandum of the paired asset threat matrix, showing the preliminary exposure analysis. Task #4 A. Title: Vulnerability Assessment 124 B. Goal: Complete a vulnerability assessment based on a paired -asset threat matrix, flood inundation information, and other available risk data. C. Description: The Preliminary Exposure Analysis from Task 3 will be populated with DEM and SLR inundation data to generate flood rasters. Once the paired -asset threat matrix has been populated with these data; qualitative risks (i.e. high, medium or low) will be assigned based on direct or operational impact to the assets, infrastructure, and communities. The results will be organized into the formal vulnerability assessment. D. Deliverables(s): 1) Vulnerability Assessment Technical: Memorandum Task #5 A. Title: Public Meeting B. Goal: Present draft findings during advertised/scheduled public meeting to solicit feedback to the final acceptance of report. C. Description: The project results will be presented during a public meeting and feedback will be incorporated into the final report. The Consultant will assist the County in developing a presentation to be used at the public meeting (web -based). D. Deliverable(s): 1) Agenda and sign -in sheets from each workshop/meeting, indicating location„ date, and time of workshop/meeting 2) Presentation(s) and other material from each workshop/meeting 3) Brief summary report from one workshop/meeting including attendee input and workshop/meeting outcomes. 4) Attendance at 1 public -meeting (web -based) Task #6 A. Title: Development of Adaptation Strategies B. Goal: Develop adaptation strategies for the assets, infrastructure, and communities identified to be vulnerable to SLR or coastal flooding. C. Description: Based on the results from Task 3 and Task 4, a range of adaptation strategies for the exposed assets, infrastructure, and communities in the County will be assembled. These strategies will be screened according to the following criteria: • Ability to Increase Resilience • Economic Feasibility . e Environmental Impacts • Ability to Implement The results from the screening will be provided in a report based on a qualitative analysis (i.e. high/medium/low) to implement. An Engineer's Opinion of Probable Construction will not be provided. D. Deliverable(s): 1) Adaptation Strategies Report—summarizing previous efforts and addressing adaptive strategies. Assumptions applying to all Tasks. • The County is responsible for making key staff available during the delivery of this project. • Deliverables will be issued as a draft for review by the County. We have estimated an approximate 14 - day time frame for the comments. After receiving the comments from the County, the Consultant will reconcile the comments/edits into a final version. The Consultant will address one round of County comments. • All Stakeholder and Community Engagement logistics as it relates to securing meeting locations, procuring safety, providing visual and audio platforms, internet connections, and invitations to the public are the responsibility of the COUNTY. 125 Exhibit B — Fee Schedule The Consultant will commence professional services upon written receipt of Notice to Proceed (NTP) from the County. The fees for this project will be lump sum based on deliverables submitted to the County. An illustration of the fee and schedule is provided in the Table below. Task Task Title Task Senior Registered Professional Support Total Amount Professional Professional $130/hr Staff Cost $230/hr $170/hr $70/hr 1 Coordination &Public $2,932 6 hrs. 10 hrs. 3.6 hrs. $2,932 Meeting 2 Data Collection & Review $8,966 4 hrs. 12 hrs. 44. hrs.: 4.1 hrs. $8,966 3 Preliminary Exposure $20,966 8 hrs. 28 hrs. 104 hrs. 12.1 hrs. $20,966 Analysis 4 Initial Vulnerability $8,966 4 hrs. 12 hrs. 44 hrs. 4.1 hrs. $8,966 Assessment 5 Public Meeting $5,932 4 hrs. 4 hrs. 24 hrs. 17.3 hrs. $5,932 6 Development of $18,966 24 hrs. 16 hrs. 80 hrs. 4.7 hrs. $18,966 Adaptation Strategies Total $66,728 50 hrs. 72 hrs. 306 hrs. 45.8 hrs. $66,728 by the Consultant M1 126 am INDIAN RIVER COUNTY MEMORANDUM TO: Jason E Brown County Administrator DEPARTMENT. HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director THROUGH: Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 11/9/2020 RE: Corrective Resolution for Release of an Easement Located at 3755 9th Street SW It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of November 17, 2020. DESCRIPTION AND CONDITIONS On October 6, 2020, the Board of County. Commissioners approved a resolution to release a (5) foot limited access easement located at 3755 9th Street SW. Since that action, an update to the legal description for the easement has been identified. As such, a corrective resolution including this update has been prepared for the Board's approval consideration. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed corrective resolution, approve release of the limited access easement described in the corrective resolution. Attachments: 1. Proposed County Corrective. Resolution Releasing Easement 127 RESOLUTION NO. 2020 - A CORRECTIVE RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CORRECTING THE LEGAL DESCRIPTION IN RESOLUTION 2020-085 RELEASING AN EASEMENT LOCATED AT 3755 9TH ST. SW WHEREAS, on October 61, 2020, Board of County Commissioner approved Resolution 2020-085, partially releasing an easement, said Resolution 2020-085 is recorded at OR Book 3347 Page 70, Public Records of Indian River County, however said easement contained an incorrect legal description. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY CORRECT THE LEGAL DESCRIPTION contained in Resolution 2020-085 recorded at OR Book 3347, Page 070 to the following: THE SOUTH FIVE 5 FEET OF THE NORTH 35 FEET OF THE EAST % OF THE NORTH '/: OF THE WEST 20 ACRES OF TRACT 3, SECTION 27, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. This Corrective Resolution is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS CORRECTIVE RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2020, by the following vote: Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Joseph E. Flescher Commissioner Laura Moss Commissioner Peter O'Bryan The Chairman declared the resolution duly passed and adopted this day of , 2020 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO LEGAL FORM: County Attorney 128 CONSENT:11/17/2020 qL Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: November 9, 2020 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue/37th Street Right -Of -Way from Woodrow Dawsey and Belinda Dawsey, husband and wife; and 58th Avenue Right -Of -Way from Wayne C. McClain and Nancy A. McClain, husband and wife) Resolutions have been prepared for the purpose of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: 58th Avenue/37th Street right-of-way Location/Description: Parcel 32-39-29-00005-0000-00010.1 Purchased from: Woodrow Dawsey and Belinda Dawsey, husband and wife Instrument: Warranty Deed recorded in O.R. Book 3329, Page 793 Public Purpose: 58th Avenue right-of-way Location/Description: Portion of Parcel 32-39-29-00005-0000-00009.0 Purchased from: Wayne C. McClain and Nancy A. McClain, husband and wife Instrument: Warranty Deed recorded in O.R. Book 3351, Page 1676 129 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute each Resolution to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 130 purchased from Woodrow Dawsey and Belinda Dawsey, husband and wife public purpose: for 58th Avenue and 37th Street right-of-way tax parcel 32-39-29-00005-0000-00010.1 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 131 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Woodrow Dawsey and Belinda Dawsey, husband and wife, for 58th Avenue and 37th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3329, Page 793, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was.seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Joe Earman Commissioner Peter D. O'Bryan Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2020. 132 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA a ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Tax Certificates Outstanding X _ (2018& 2019 years redeemed at closing) Yes No Current Prorated Tax Received and Deposited with Tax Collector $1,272.35 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney , Chairman 133 purchased from Wayne C. McClain and Nancy A. McClain, husband and wife public purpose: for 58th Avenue right-of-way portion of tax parcel 32-39-29-00005-0000-00009.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN. RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 134 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Wayne C. McClain and Nancy A. McClain, husband and wife, for 58th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3351, Page 1676, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Joe Earman Commissioner Peter D. O'Bryan Commissioner Laura Moss The Chairman thereupon .declared the resolution duly passed and adopted this day of November, 2020. 135 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA a , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 136 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: November 10, 2020 Subject: Miscellaneous Budget Amendment 012 Description and Conditions On May 19, 2020, the Board of County Commissioners approved the early payoff of the Land Acquisition Bond using General Fund reserves. The amount needed to close out the Land Acquisition Bond Fund in FY 19/20 is $1,133,943. Due to the timing of excess fees remitted by the Tax Collector and Property Appraiser in FY 20/21, $50,323 was deposited directly into the General Fund in order to prevent a balance of funds in the Land Acquisition Bond Fund in FY 20/21. Therefore, the net expense to the General Fund for the early payoff of these bonds is $1,083,620. Exhibit "A" appropriates $1,869,941 GO Bond/Cash Forward -Oct 1St and $1,133,943 from General Fund/Cash Forward -Oct 1St 2. On September 22, 2020, the Board of County Commissioners approved writing off all past due utility fees of $483,468.74 on the former Gifford Gardens property. The General Fund pre- payment of $13,627.68 for 24 months of 22 ERU's will occur in FY 20/21. The current 19/20 budget for the bad debt/water sewer account is $20,000. Exhibit "A" appropriates $463,469 from Utilities/Cash Forward -Oct 1St 3. Due to Generally Accepted Accounting Principal requirements, the Solid Waste Disposal District is transferring water improvements, leachate detection system, leachate forcemains, leachate collection system and electrical instrumentation & control panel to the Utility Department. The Utility Department will be responsible for the maintenance of these infrastructure improvements. Exhibit "A" appropriates $777,875 from SWDD/Cash Forward - Oct 1 St 4. The contract with Major League Baseball for the Jackie Robinson Training Center runs from September 1St to August 31St. Expenses have been incurred during the month of September. Exhibit "A" appropriates funding of $6,620 from JRTC/Cash Forward -Oct 1St 5. On September 22, 2020, the Board of County Commissioners approved the CARES Act Phase 2 — Proposed Spending Plan. Exhibit "A" appropriates funding of $4,662,600 to the various agencies and municipalities. 6. A budgetary adjustment is needed to balance the Utility Impact Fee Transfer In from Optional Sales Tax for the North Sebastian Septic to Sewer payment. Exhibit "A" appropriates $139,800 from Utility Impact Fees/Transfer In. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. X31 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2019-2020 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2020. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 012 Entry Type Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $1,133,943 $0 GO Bond/Fund Transfer In 245039-381020 $1,133,943 $0 GO Bond./Cash Forward -Oct 1st 245039-388040 $1,869,941 $0 Expense General Fund/Transfer Out 00119981-099210 $1,133,943 $0 GO Bond/Principal-Debt Service 24511717-077110 $2,970,000 $0 GO Bond/Budget Transfer -Tax Collector 24511786-099070 $33,884 $0 2. Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $463,469 $0 Expense Utilities/Customer Service/Bad Debt- Water/Sewer 47126536-036510 $463,469 $0 3. Revenue SWDD/Cash Forward -Oct 1st 411039-389040 $777,875 $0 Utilities/Transfer In 471039-389120 $777,875 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $0 $777,875 Expense SWDD/Landfill/Transfer Out 41121734-099210 $777,875 $0 4. Revenue JRTC/Cash Forward -Oct 1st 308039-389040 $6,620 $0 Expense JRTC/JRTC Capital 30816275-066490-19024 $6,620 $0 Revenue CARES Act/ COVID 19 Relief 139033-331600-20701 $4,662,600 $0 CARES Act/Agencies/United Way 13911069-088006 $700,000 $0 CARES Act/Agencies/City of Fellsmere 13911069-088115 $100,000 $0 CARES Act/Agencies/Indian River Shores 13911069-088125 $25,000 $0 CARES Act/Agencies/Treasure Coast Food Bank 13911069-088142 $400,000 $0 CARES Act/Clerk of Court 13930086-099020 $25,000 $0 CARES Act/Tax Collector 13940086-099070 $75,000 $0 5. CARES Act/Property Appraiser 13950086-099060 $5,000 $0 Expense CARES Act/Sheriff/Law Enforcement 13960086-099040 $450,000 $0 CARES Act/Small Business Grants 13911059-088715 $500,000 $0 CARES Act/Mortgage Payment Assistance 13922869-088081 $500,000 $0 CARES Act/Rental Payments Assistance 13922869-088082 $1,500,000 $0 CARES Act/BCC Operations 13910111-036990 $595,000 $0 CARES Act/Town of Orchid 13911069-088713 $47,600 $0 CARES Act/Economic Development & Su ort 13911059-088716 $0 $190,000 CARES Act/State Agencies 13911069-088717 $0 $70,000 6. Revenue Utilities Impact Fees/Transfer In 472039-381020 $139,800 $0 Expense Utilities Impact Fees/Cash Forward -Sept 30 47223536-099920 $139,800 $0 1of1 ►31 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: November 10, 2020 Subject: Miscellaneous Budget Amendment 001 Description and Conditions 1. Each year it becomes necessary to "roll over" certain expenses to the current fiscal year. Several purchases that were initiated on fiscal year 2019-20 purchase orders were not received or completed prior to September 30, 2020. Exhibit "A" appropriates funding for these projects from fiscal year 2019-20 to fiscal year 2020-21 for an amount not to exceed $2,939,831. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. 140 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this .Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of . , 2020. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Resolution No. 2020 Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $44,396 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $2,277 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $16,093 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $9,638 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $128,861 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $1,270,530 $0 SHIP/Cash Forward -Oct 1st 123039-389040 $163,549 $0 SHIP/crf/Cash Forward -Oct 1st 131039-389040 $2,000 $0 CARES Act/Cash Forward -Oct 1st 139039-389040 $32,503 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $467,095 $0 Sandridge/Cash Forward -Oct 1st 418039-389040 $8,390 $0 Bldg Department/Cash Forward -Oct 1st 441039-389040 $2,183 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $687,370 $0 Fleet/Cash Forward -Oct 1st 501039-389040 $26,954 $0 Self Insurance/Cash Forward -Oct 1st 502039-389040 $19,291 $0 Information Technology/Cash Forward -Oct 1 st 505039-389040 $58,701 $0 Total Revenue $2,939,831 General Fund/Human Resources/Software 00120313-068803 $62 $0 General Fund./Parks/Maintenance-Buildings 00121072-034610 $12,480 $0 General Fund/Facilities Mgmt./Maintenance-Buildings 00122019-034610 $31,854 $0 MSTUfiG Facility/Other Machinery & Equip 00411572-066490 $2,277 $0 Impact Fees/ParksNictor Hart Restroom 10321072-066510-18028 $16,093 $0 Secondary Roads/Traffic Controllers 10921441-066510-05017 $8,450 $0 Secondary Roads/Engineering/Maint-Traffic Signals 10924441-034670 $1,188 $0 Transportation/R&B/Other Road Material/Supplies 11121441-035390 $18,000 $0 142 1 of 3 Resolution No. 2020 Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation/Traffic Engineering/Automotive 11124541-066420 $84,092 $0 Transportation/Traffic Engineering/Other Machinery & Equip 11124541-066490 $9,736 $0 Transportation/Stormwater/Other Cont Services -Egret Marsh 11128138-033490-05057 $15,000 $0 Transportation/Stormwater/Other Cont Service -Main Canal 11128138-033490-07026 $2,033 $0 ESD/Fire Rescue/Maint-Buildings 11412022-034610 $4,803 $0 ESD/Fire Rescue/Mant-Heavy Equipment 11412022-034650 $23,526 $0 ESD/Fire Rescue/Automotive 11412022-066420 $1,045,671 $0 ESD/Fire Rescue/Comm Equip -All 11412022-066450 $182,623 $0 ESD/Fire Rescue/Other Machinery & Equipment-PEMT 11412022-033490-20023 $13,907 $0 911 Surcharge/Comm Ctr/Communication Equip 12013325-066450 $71,374 $0 911 Surcharge/Comm Ctr/Geocomm Dispatch PSAP Maps 12013325-066510-20010 $79,857 $0 911 Surcharge/Comm Ctr/Software 12013325-068003 $12,318 $0 SHIP/CRF/Software 13122869-068003 $2,000 $0 CARES Act/Telecom/Other Professional Services 13923419-033190 $655 $0 CARES Act/IS/Other Machinery & Equipment 13924113-066490 $27,150 $0 CARES Act/Telecom/Other Operating Supplies 13923419-053290 $4,698 $0 Optional Sales Tax/Fire Services/Comm Equip 31512022-066450 $44,947 $0 Optional Sales Tax/Parks/Noise Shuman Park Imp 31521072-066390-18011 $55,671 $0 Optional Sales Tax/Facilities Mgmt/Other Improvements Except Bldgs 31522019-066390 $83,530 $0 Optional Sales Tax/Facilities Mgmt/Other Improvements Except Bldgs 31522019-066510 $17,705 $0 Optional Sales Tax/Facilities Mgmt/New Courtroom Facilities 31522019-066510-12009 $30,228 $0 Optional Sales Tax/Facilities MgmWoice Over IP 31522019-066510-19026 $189,129 $0 Optional Sales Tax/Facilities Mgmt/JRTC Improvements 31522019-066510-17003 $1,935 $0 Optional Sales Tax/Public Works/Moorhen Marsh 31524338-066510-16018 $14,950 $0 Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $29,000 $0 Sandridge/Golf Maint/Golf Renewal & Replacement 41822172-044698 $8,390 $0 143 2of3 Resolution No. 2020 Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Building Dept/Maint-Auto Equip 441233247-034640 $2,183 $0 Utilities/WW Treatment/Renewal & Replacement 47121836-044699 $11,778 $0 Utilities/WW Treatment/South WWTF 47121836-044699-19526 $196,981 $0 Utilities/Water Production/Other Professional Svcs 47121936-033190 $19,442 $0 Utilities/Water Production/R&R/N. RO Well Rehab 47121936-044699-19540 $150,471 $0 Utilities/Water Production/R&R/N. RO Valve Replacement 47121936-044699-20516 $34,370 $0 Utilities/Sludge/Sludge Facilities Maint 47125736-044810 $5,688 $0 Utilities/Customer Service/Computer Software 47126536-035120 $4,901 $0 Utilities/WW Collection/Replace & Repair 47126836-044699-19545 $122,468 $0 Utilities/Water Dist/Valve Replacement 47126936-044699-19551 $141,271 $0 FleeWeh Maint/Other Contractual Services 50124291-033490 $26,954 $0 Self Insurance/Risk/General Liability Ins. 50224619-034530 $19,291 $0 IT/Telecom/Other Professional Services 50523419-033190 $36,850 $0 IT/IS/Computer Software 50524113-035120 $21,851 $0 Total Expense $2,939,831 144 3 of 3 CONSENT AGENDA INDIAN RIVER COUNTY INFORMATION TECHNOLOGY DEPARTMENT INFORMATION SYSTEMS &TELECOMMUNICATIONS DIVISION DATE: November 17, 2020 TO: BOARD.OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Award of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2021003) BACKGROUND: On September 30, 2020, the current Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation contract expired. On October 6, 2020 the Board approved a limited extension through November 30, 2020 to the existing agreement to allow staff sufficient time to complete the solicitation and bid process associated with the new contract. The results of the solicitation and staff recommendations are as follows: BID RESULTS: Advertising date: Bid opening date: Solicitation broadcast to: Bid documents requested by: Replies: September 27, 2020 October 22, 2020 194 Subscribers 14 Suppliers 3 Supplier A minimum of three firms bid on each of the five project groups. Within each group, bids were ranked from lowest price to highest price, and costs evaluated against typical needs. Firm Location Group 1 Group 2 Group 3 Group 4 Group 5 Gerelcom, Inc. Port St. Lucie 1 1 2 1 1 Precision Contracting Services, Inc. Jupiter .2 2 1 2 2 * Danella Construction, Inc. was disqualified due to failure to acknowledge Addendum 1. ANALYSIS: Items in Groups 1 and 3 are the most commonly needed, and include many of the materials and services often required on an urgent or emergency basis. To enable efficient response in cases where one Vendor may not be able to respond, staff proposes to award those groups to two firms. 145 CONSENT AGENDA The proposed term of award. is through September 30, 2021, with two one-year extensions available upon Board approval. SOURCE OF FUNDS: Funding for work under this award will come from multiple sources, based on project and associated County department. Expenditures for this work over the past 12 months were $143,649.25. RECOMMENDATION: Staff recommends the Board award the bids as follows: Group 1 to Gerelcom, Inc. and Precision Contracting Services, Inc. Group 2 to Gerelcom, Inc. Group 3 to Gerelcom, Inc. and Precision Contracting Services, Inc. Group 4 to Gerelcom, Inc. Group 5 to Gerelcom, Inc. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency. Finally, staff recommends the Board authorize the Purchasing Division to issue Purchase Orders for work as needed under this award and authorized within the sample agreement. ATTACHMENT: Sample Agreement 146 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Annual Bid for Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Bid for Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation Bid Number: 2021003 Project Address: Various throughout Indian River County ARTICLE 3 - CONTRACT TIMES The initial term of this award is from through September 30, 2021, with two one-year renewals available. ARTICLE 4 - CONTRACT PRICE 4.01 Work shall be completed at the prices provided in the Contractor's bid, and as modified by amendment to this agreement. 4.02 All services provided by the CONTRACTOR for the OWNER shall be identified in Work Authorization and performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 4.03 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the OWNER and the CONTRACTOR by which the OWNER accepts Contractor's proposal for specific services and CONTRACTOR indicates a 147 willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the OWNER. 4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the OWNER as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER. 4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. ARTICLE 5 — METHOD OF PAYMENT 5.01 Work Authorizations that are less than $100,000.00 may not require a Public Construction Bond; however, pursuant to The Code of Indian River County, Indian River County as Owner shall make only one payment for the entire amount of the related applicable Work Authorization when the terms of the related applicable Work Authorization have been fulfilled. Upon a determination of satisfactory completion, the OWNER Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Owner shall make only one payment for the entire amount of each work order when the work has been completed. Upon a determination of satisfactory completion, the OWNER Project Manager will authorize payment to be made. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons em ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 148 D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to _, inclusive); (2) Notices to Proceed/Work Authorizations/Purchase Orders (3) Public Construction Bond(s) (4) Certificate(s) of Liability Insurance (5) Invitation to Bid 2021003 (6) Addenda (numbers to , inclusive); 149 (7) CONTRACTOR'S Bid Form (pages _ to J inclusive); (8) Drug Free Workplace Form (9) Affidavit of Compliance; (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (12) Certification Regarding Lobbying (13) Indian River County Fiber Infrastructure Non -Disclosure Acknowledgement (14) Bidders Questionnaire; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the. Contract Documents. 150 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the OWNER to perform the service. (2) Upon request from the OWNER's Custodian of Public Records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. (4) Upon completion of the contract, transfer, at no cost, to the OWNER all public records in possession of the Contractor or keep and maintain public records required by the OWNER to perform the service. If the Contractor transfers all public records to the OWNER upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the OWNER. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 151 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the .contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions.of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant .thereto, and will permit access to his books, records, and accounts by the. administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of 152 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is -attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 153 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 - day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, 154 and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates. prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of 155 this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, 156 but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at 157 less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a 158 clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor.or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Rights to Inventions Made Under a Contract or Agreement. If any work under this agreement meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 159 F. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. G. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. H. Energy Policy and Conservation Act– The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated ,funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 160 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. K. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA -designate items is available at http://www.epa.pov/cpg/products.htm. L. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. M. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. N. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance may be used to fund the contract only. The contractor will comply will all applicable.federal law, regulations, executive orders, FEMA policies, procedures, and directives.: O. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter. resulting from the contract. P. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Q. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: 161 (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the. Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 162 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the OWNER in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 163 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: TBD, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 164 Exhibit 1— Pricing 165 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 November 10, 2020. Chairman of the Board of County Commissioners Indian River County Board of County Commissioners 180127 th Street Vero Beach, FL 32960 Dear Chairman and County Commissioners: GOMPT q�p 9 O� COWAI4 Q� I would like to request to be placed on the November 17, 2020 Board agenda to discuss additional budget needs. I would like to respectively request a budget amendment in the amount of $65,000 to my fiscal year 20/21 Board of County Commissioners funded budget. This funding is for the addition of a new position. Due to the future retirements of both my Internal Audit Director and Chief Deputy over the next two years, I will need to bring on a new position that can learn and assume the duties. This new position will also be included in our fiscal year 21/22 budget request. The amount requested is only to fund the portion of the position related to the non -court functions of the Clerk. I appreciate the Board's consideration of this request. Sincerely, Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Court and Comptroller Cc: Jason Brown, County Administrator Kristin Daniels, Budget Director Elissa Nagy, Finance Director 166 JOA` 104 1 Dtu to) 911,191 1Ii TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 30, 2020 SUBJECT: Face Covering Ordinance - LEGISLATIVE BACKGROUND. On July 14, 2020, the Indian River County Board of County Commissioners (the "Board") enacted an emergency face covering ordinance. The ordinance required all persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public to wear face coverings. The ordinance also required all persons entering an indoor County facility and those utilizing public transit and transportation in Indian River County to wear face coverings. All other persons physically present in any public place were strongly encouraged to wear face coverings. The ordinance contained various exceptions, and although the ordinance was intended to serve as a mechanism to seek voluntary compliance, the ordinance did include the ability to issue citations for noncriminal, civil infractions. The ordinance applied throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. That ordinance was set to expire on September 15, 2020, however, on that date, the Board enacted Ordinance 2020-10, which continued the requirements and recommendations, with a change to two of the exemptions, until November 17, 2020. On September 25, 2020, Governor Ron DeSantis issued Executive Order 20-244, which stated that "[t]his order, consistent with Executive Order 20-92, suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals." The County Attorney's Office has drafted the attached proposed ordinance and provided legal notice of the public hearing on the proposed ordinance. The proposed ordinance continues the requirements and recommendations set forth in Ordinance 2020-10 until January 19, 2021. The only changes are a reduction in the number of whereas clauses and the Penalties and Enforcement section has been modified to state "[c]onsistent with Executive Order 20-244, there shall be no collection of fines and penalties from individuals for any violation of this Ordinance." Due to the issuance of Executive Order 20-244, County staff recommends that the Board allow Ordinance 2020-10 to expire, but direct County staff to take the necessary measures to continue to require face coverings in indoor County buildings and facilities and on public transit. 167 Board of County Commissioners October 30, 2020 Page 2 FUNDING. The cost of publication of the required public notice for the public hearing was $119.70. The cost was funded from the Cares Act Fund/County Attorney's Office/Recording Fees (account number 13910214- 034830). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Indian River County Board of County Commissioners vote to deny the proposed ordinance and direct County staff to take measures to maintain requirement for face coverings in indoor County facilities and on public transit. ATTACHMENT(S). Draft Face Covering Ordinance 168 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. WHEREAS, COVID-19, a respiratory illness caused by a virus that spreads rapidly from person to person that can cause serious illness or death, constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Indian River County, and WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID- 19; and WHEREAS, on March 1, 2020, the State Surgeon General declared a public health emergency in the State of Florida; and WHEREAS, the Centers for Disease Control and Prevention (CDC) advises that COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes or talks; these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet; and WHEREAS, The CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre -symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity -- for example, speaking, coughing, or sneezing -- even if those people are not exhibiting symptoms; and WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS, The CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance 169 for making "do-it-yourself' coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, the CDC, the Florida Department of Health and the University of Florida recommend the use of face coverings, including those which are homemade to slow the spread of the disease; and WHEREAS, in a recent United States Supreme Court Case, the Court denied injunctive relief where California limited attendance at places of worship due to COVID- 19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time there is no known cure, no effective treatment, and no vaccine" and "(b)ecause people may be infected but asymptomatic, they may unwittingly infect others." Chief Justice Roberts also stated the precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable disagreement. Our Constitution principally entrusts '(t)he safety and the health of the people' to the politically accountable officials of the States' to guard and protect' ... When those officials'undertake() to act in areas fraught with medical and scientific uncertainties, 'their latitude' must be especially broad.' ... Where those broad limits are not exceeded, they should not be subject to second-guessing by 'an unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." S. Bay United Pentecostal Church v. Newsom, 140 S. Ct. 1613; and WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face masks in certain circumstances. The County's Emergency Order was challenged in State Circuit Court and in Federal District Court. Both Courts issued Orders denying Plaintiffs' Emergency Motions for Temporary Injunction. In denying the request for temporary injunction, State Circuit Judge Donna M. Keim stated, "The protection of the safety and welfare of the public is inherent in the role of local government ... The requirement to wear a facial covering during the limited circumstances set forth in the ordinance is a minimal inconvenience; and, its benefits to the public in potentially reducing the spread of COVID- 19 outweighs any inconvenience." "Here, there is a global pandemic involving COVID- 19, a virus which the CDC and others advise is spread through airborne transmission and is spread by asymptomatic individuals. Multiple sources relied upon by the County reflect that mitigation is dependent upon the use of social distancing and personal protection equipment, such as face masks/coverings. The County's need to take measures to control the spread of COVID-19 clearly outweighs the Plaintiffs private interest in not wearing a mask in the limited circumstances required by the county's emergency order; and an injunction in this situation would disserve the public interest." Green v. Alachua County, Case No.: 01- 2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua County Board of County Commissioners et. al., Case No. 1: 20cv111- MW/ GRJ (Order dated June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have 170 not demonstrated that Alachua County exceeded its broad limits and this Court, like the Supreme Court, will not engage in secondguessing"); and WHEREAS, the Florida Medical Association President Dr. Ronald Giffler issued a statement saying that "the Florida Medical Association, the state's largest physician organization, encourages local officials to adopt regulations requiring individuals to wear face coverings in public places" and applauded municipalities in Florida that have already adopted mandatory mask use ordinances; and WHEREAS, the CDC and Florida Department of Health continue to remind residents that by wearing a face covering, the resident protects others from exposure as well as themselves; and WHEREAS, additional steps are needed to minimize the spread of COVID- 19 in response to the recent spike in positive COVID-19 cases and hospital admittances; and WHEREAS, per CDC guidance, persons working in restaurants and businesses frequently come into close contact with members of the public and thus have a greater risk of spreading COVID-19. Wearing face coverings will significantly help reduce the spread of COVID-19 in Indian River County; and WHEREAS, on June 26, 2020, the County Administrator issued Emergency Order No. 20-15 concerning face coverings; and WHEREAS, in determining whether to enact this Ordinance, the Indian River County Board of County Commissioners considered information received from the Department of Health, the State Surgeon General, the CDC and other health care providers and medical professionals regarding challenges raised at this point in time by COVID-19; and WHEREAS, adopting face covering requirements via ordinance, as opposed to local emergency powers, would permit enforcement through civil citations and fines instead of criminal prosecution as a second-degree misdemeanor; and WHEREAS, on July 14, 2020, the Board enacted Ordinance 2020-09, which established certain face covering requirements and recommendations; and WHEREAS, on September 15, 2020, the Board enacted Ordinance 2020-10, which continued and established certain face covering requirements and recommendations; and WHEREAS, Ordinance 2020-10 sunsets on November 17, 2020, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted 171 Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein and adopted as the legislative findings of the Indian River County Board of County Commissioners. Section 2. Face Coverings 1. All persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public shall wear face coverings. 2. All persons entering an indoor County facility including, but not limited to; the County Administration Building, libraries, iG center, fire rescue stations, etc. shall wear face coverings. 3. All persons utilizing public transit and transportation in Indian River County shall wear face coverings. 4. All other persons physically present in any public place in Indian River County are strongly encouraged to wear face coverings. 5. A face covering includes any covering which snugly covers the nose and mouth, whether store bought or homemade, and which is secured in place. Persons who wear masks should review the CDC and Florida Department of Health guidelines regarding properly and safely applying, removing, and cleaning masks. 6. EXCEPTIONS: A face covering shall not be required for the following persons: A. Persons under the age of six years; B. Employees for whom a face covering would cause impairment due to an existing health condition or disability; l C. Persons working in a business or profession who maintain social distancing from another person or work in their personal office with no interactions from other persons; ID. Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or profession; E. Persons exercising, while maintaining social distancing; F. Persons eating or drinking; G. Public safety, fire and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies; or 172 H. The requirement shall not apply when a person who is hearing-impaired needs to see the mouth of someone wearing a face covering in order to communicate. Section 3. Penalties and Enforcement. Consistent with Executive Order 20-244, there shall be no collection of fines and penalties from individuals for any violation of this Ordinance. Section 4. Geographic Applicability. This Ordinance shall apply throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Sunset Date. This Ordinance shall sunset on January 19, 2021. Section 8. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 7th day of November, 2020, for a public hearing to be held on the 17th day of November, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this day of November, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 173 ATTEST: Jeffrey R. Smith, Clerk and Comptroller LM Deputy Clerk Chairman This Ordinance was filed by email with the Department of State on the day of November, 2020. 174 ea.sbie +ate Neta PART OF THE USA TO DAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 11/07/2020 Subscribed and sworn to before on November 7. 2020: Notary, State of WI, County of Brown TARA M0NDL-0CI-i Notary Public State of VVIsconsin My commission expires August 6, 2021 Publication Cost: $119.70 Ad No: 0004446788 Customer No: 1310775 PO #: # of Affidavitsl NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVID- ING FOR ADOPTION OF RECI- TALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND EN- FORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, November 17, 2020 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public, by appointment, during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) by calling the Office of the Clerk to the Board of County Commissioners at 772- 226-1916; or alternatively, the proposed ordinance may be inspected at www.ircgov.com. Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: Nov 7. 2020 #4446788 NO CoU'q OFF;7ORNEy. CE S ) 1 . L1 Randi Wardlow From: forms@ircgov.com Sent: Monday, November 16, 2020 7:57 PM To: CBCC-Mail Subject: [External] Public Comment to the BCC - No mask, no abortions The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Larisa Pakalin Email Laripakalin@gmail.com Address 1625 42nd Sq 102, Vero Beach , FL Phone 7728017041 Subject or No mask , no abortions Agenda Item Public Hello my name is Larisa Pakalin and I live in Indian River County. My family and I don't wear masks Comment because our doctors said it is not the best for our health and we understand it too. We haven't worn masks this entire pandemic and we aren't sick, have never been sick. Governor Desantis stated that there is to be no penalties or fines for not masking and it would be absolutely meaningless to continue any kind of masking mandate at any capacity because of this. If people want to wear masks for any reason that is their choice, if not it shouldn't be mandated. This is America. We are free and our health isn't the governments concern , especially because medical service isn't free . Indian River has never had a general mask mandate and we have always been under the 10 percent positive rate except for one week in July, this has to stop. We should not count the cases, but count the deaths. Not deaths that has happened with the virus, we should count the deaths from the virus , and this is absolutely small number. Children should never have to wear a masks in schools , this cruelty and negligence should stop . I vote no to any masking in any capacity. More Info: Form Submission Time 11/16/2020 19:57:00 EST(-0500 GMT) Visitors IP 69.247.235.144 Unique ID 6f985e3ae1ac6babbfe8882b31ae9c26 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 Q [1i If . . 7 ° Randi Wardlow I From: forms@ircgov.com Sent: Monday, November 16, 2020 7:11 PM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Masking The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Felicia Adams MD Email Jencaramma@aol.com Address Vero Beach, FL Phone 7727662765 Subject or Masking Agenda Item Public I'm a physician with 34 years experience in pathology. Masks do not work for virus protection. This is a Comment political agenda and it's absolutely disgusting that it has continued to go this far. If you want to wear the mask for your own health that's your right. For the people who don't want to wear the mask they should be given the same respect and not mask. Turn off the TV and read doctor peer reviewed studies and see the truth. Stop censoring the doctors that have no gain from this and want the truth out there. Stop masking healthy people. More Info: Form Submission Time 11/16/2020 19:11:01 EST(-0500 GMT) Visitors IP 73.205.125.210 Unique ID 1787cf23935681aa3947f6194b4d7457 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 '� ��� /08/. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL ORORGANIZATION: Paul Zelno. -- Safe Harbor for the Unborn & Mothers ADDRESS: 137 38th Ct, Vero Beach, FL 32968 PHONE: (772) 519-1669 Establishing a higher safety standard for the unborn SUBJECT MATTER FOR DISCUSSION: YES NO IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? E] WHAT RESOLUTION ARE YOU Pro-life Resolution REQUESTING OF THE COMMISSION? aARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form ✓ E -Mail Hand Delivered Phone None -- 10 -minute presentation COUNTY ADMINISTRATOR: MEETING DATE: Jason E.. Brown 11/17/2020 175 SAFE HARBOR FOR LIFE ORDINANCE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BILL No. By County Commissioner Member Section 1. Title. This Ordinance may be known and cited as the "Safe Harbor for Life Ordinance." Section 2. Findings and Purpose. (a) The Board of County Commissioners of Indian River County, Florida finds that: (1) The State of Florida and its municipal entities, including Indian River County, have "legitimate interests from the outset of pregnancy in protecting the health of women." Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992). More specifically, the State and its municipalities have "a legitimate concern with the health of women who undergo abortions." Akron v. Akron Ctr. for Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983). (2) Article VIII Section 2(b) of the Florida Constitution has conferred home rule powers upon its municipalities. (i) The Florida legislature has clarified that the grant of home rule powers "shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution." Fla. Stat. § 166.021(4).. (ii) The Florida legislature recognizes that "Any county or municipality may enact, in a manner prescribed by law, health regulations and ordinances not inconsistent with state public health laws and rules adopted by the department." Fla. Stat. § 381.0016. (iii) Through its broad home rule powers, the State of Florida has conferred upon Indian River County a legitimate interest in regulating abortion providers to ensure health and safety conditions in abortion clinics meet medical industry standards. (3) Regarding late -term pregnancy: (i) Abortion can cause serious physical and psychological (both short- and long-term) complications for women, including but not limited to: uterine perforation, uterine scarring, cervical perforation or other injury, infection, heavy bleeding, hemorrhage, blood clots, failure to actually terminate the pregnancy, incomplete abortion (retained tissue), pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic 176 disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm birth in subsequent pregnancies, free fluid in the abdomen, organ damage, adverse reactions to anesthesia and other drugs, psychological or emotional complications including depression, anxiety, sleeping disorders, an increased risk of breast cancer, and death. (ii) Abortion has a higher medical risk when the procedure is performed later in pregnancy. Compared to an abortion at eight (8) weeks gestation or earlier, the relative risk increases exponentially at higher gestations. L. Bartlett et al., Risk factors for legal induced abortion -related mortality in the United States, OBSTETRICS & GYNECOLOGY 103(4):729 (2004). (iii) In fact, the incidence of major complications is highest after twenty. (20) weeks of gestation. J. Pregler & A. DeCherney, WOMEN'S HEALTH: PRINCIPLES AND CLINICAL PRACTICE 232 (2002). (iv) According to the Alan Guttmacher Institute, the risk of death associated with abortion increases with the length of pregnancy, from one death for every one million abortions at or before eight weeks gestation to one per 29,000 abortions at 16 to 20 weeks' gestation and one per 11,000 abortions at 21 or more weeks gestation (citing L. Bartlett et al., Risk factors for legal induced abortion - related mortality in the United States, OBSTETRICS & GYNECOLOGY 103(4):729- 737 (2004)). (v) After the first trimester, the risk of hemorrhage from an abortion is greater and the resultant complications may require a hysterectomy, other reparative surgery, or a blood transfusion. (vi) In addition, there is substantial and well-documented medical evidence that an unborn child by at least 20 weeks' gestation has the capacity to feel pain during an abortion. K. Anand, Pain and its effects in the human neonate and fetus, N.E.J.M. 317:1321 (1987). (4) Regarding abortion -inducing drugs: (i) In September 2000, the Food and Drug Administration (FDA) approved the distribution and use of RU-486, an abortion -inducing drug, under the rubric of 21 C.F.R. § 314.520, also referred to as "Subpart H," which is the only FDA approval process that allows for post -marketing restrictions. Specifically, the Code 'of Federal Regulations (CFR) provides for accelerated approval of certain drugs that are shown to be effective but "can be safely used only if distribution or use is restricted." (ii) The FDA does not treat Subpart H drugs in the same manner as drugs which undergo the typical approval process. (iii) In September 2000, the FDA prescribed a specific gestation, dosage, and administration protocol for RU-486. 2 177 (iv) The approved FDA protocol for RU-486 was modified in March 2016; however, the new FDA guidelines maintain that certain distribution restrictions are still necessary because of the drug's potential for serious complications. (v) As approved by the FDA, the new administration protocol consists of mifepristone, followed by misoprostol taken 24 to 48 hours later, through seventy (70) days LMP (a gestational measurement using the first day of the woman's "last menstrual period" as a marker). The patient is to return for a follow-up visit to confirm that a complete abortion has occurred. (vi) The new FDA protocol also requires that .the distribution and use of RU- 486 be under the supervision of a qualified healthcare provider who has the ability to assess the duration of pregnancy, diagnose ectopic pregnancies, and provide surgical intervention (or has made plans to provide surgical intervention through another qualified physician). (vii) Court testimony by Planned Parenthood and other abortion providers has demonstrated that providers routinely and intentionally failed to follow the September 2000 FDA -approved protocol for RU-486. See, e.g., Planned Parenthood Cincinnati Region v. Taft, 459 F. Supp. 2d 626 (S.D. Oh. 2006). (viii) The use of RU-486 presents significant medical risks including, but not limited to, abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, viral infections, and pelvic inflammatory disease. (ix) The risk of complications increases with advancing gestational age and with the failure to complete the two-step dosage process for RU-486. (x) Studies document that increased rates of complications (including incomplete abortion) occur even within the FDA -approved gestational limit. (xi) In July 2011, the FDA reported 2,207 adverse events after women used RU- 486 for abortions. Among these events were 14 deaths, 612 hospitalizations, 339 blood transfusions, and 256 infections (including 48 "severe infections"). (xii) The Adverse Event Reports (AER) systems relied upon by the FDA have limitations and typically detect only a small proportion of events that actually occur. (xiii) "Off -label" or so-called "evidence -based" use of RU486 may be deadly. To date, 14 women have reportedly died after administration of RU-486, with eight deaths attributed to severe bacterial infections: All eight of those women administered RU-486 in an "off -label" or "evidence -based" manner then -advocated by abortion providers. The FDA has not been able to determine whether this off - label use led to the deaths. (xiv) Medical evidence demonstrates that women who use abortion -inducing drugs risk more complications than those who undergo surgical abortions. 3 178 (xv) The decision to abort "is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences." Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976). (xvi) The knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives information sufficient to make an informed choice. (xvii) Many women come to regret their decision to abort shortly after ingesting mifepristone, the first drug in the RU-486 regimen. (xviii) In recent years, physicians have developed a method to potentially reverse the effects of mifepristone. This abortion pill reversal process, which has been discussed in a peer-reviewed study, is based upon a well-established medical regimen that is used in other areas of healthcare—specifically, methotrexate and "leucovorin rescue." (xix) Methotrexate, a chemotherapy drug, kills rapidly dividing cells (cancer cells). It works by blocking the action of folic acid. Typically, physicians allow the methotrexate to work for a day or two, and then give the patient a high dose of folic acid (leucovorin) to compensate for what has been lost. This high dosage of folic acid, in essence, "kicks" the methotrexate off of the cells. This flooding of the patient's body with folic acid is called a "leucovorin rescue" and is a well- established medical procedure. (xx) Understanding the science behind the mechanism of action of mifepristone has allowed physicians to design a specific "rescue" for a woman who has used mifepristone to induce an abortion, but has not yet ingested the second drug in the RU-486 regimen. Since physicians know exactly how mifepristone works (i.e., by blocking progesterone), physicians know that treating a woman with progesterone can "kick off' the mifepristone (i.e., displace mifepristone from the progesterone receptors). This allows the woman's body to respond naturally to the progesterone and to effectively fight the effects of the mifepristone -induced blockage. (xxi) In short, mifepristone floods the progesterone receptors (thus, blocking progesterone). To block or the effects of the mifepristone, a pregnant woman's body is flooded with progesterone. (xxii) Progesterone itself has been used safely in pregnancies for decades. It is used in in vitro fertilization, infertility treatments,. and high-risk pregnancies (such as those experiencing pre -term labor). Using progesterone to rescue an embryo or fetus from the effects of mifepristone is a targeted response that is safe for the woman. (xxiii) Over a thousand healthy infants have been born following this rescue process. See Heartbeat International, "Abortion Pill Rescue Network," https://www.heartbeatintemational.Org/our-work/aprr. 4 179 (xxiv) To facilitate reliable scientific studies and research on the safety and efficacy of abortion -inducing drugs, it is essential that the medical and public health communities have access to accurate information both on the efficacy and use of abortion -inducing drugs, as well as on resulting complications. (xxv) Abortion "record keeping and reporting provisions that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible." Planned Parenthood v. Danforth, 428 U.S. 80 at 52, 79-81 (1976). (xxvi) Abortion and complication reporting provisions do not impose an "undue burden" on a woman's right to choose whether or not to terminate a pregnancy. Specifically, "[t]he collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the requirements serve no purpose other than to make abortions more difficult."' Planned Parenthood v. Casey, 505 U.S. 833 at 900-901 (1992). (xxvii) To promote its interest in maternal health and life, Indian River County maintains an interest in: (A) Collecting certain demographic information on all drug-induced abortions performed in the County; (B) Collecting information on all complications from all drug-induced abortions performed in the County; and (C) Compiling statistical reports based on abortion complication information collected pursuant to this Ordinance for future scientific studies and public health research. (5) Regarding prenatal discrimination: (i) Regarding sex -selection abortion: (A) Women are a vital part of our society and culture and possess the same fundamental human rights as men. (B) In spite of this, sex -selection abortion, which is abortion done to prevent the birth of a child of an undesired sex, has been documented to exist, outside the U.S. and, increasingly, inside it, and the victims of sex - selection abortion are overwhelmingly female. (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex -selection abortion a crime against women. 180 (D) Countries such as India, Great Britain, and China have taken steps to end sex -selection abortion. For example, China and India do not allow doctors to reveal the sex of an unborn child. (E) The United States prohibits discrimination on the basis of sex in various areas including employment, education, athletics, and health insurance. (F) It is undesirable to have a sex imbalance within a society, particularly when there is a shortage of women. Countries with high rates of male -preference have experienced ill effects as a result of an increasing number of young, unmarried men. (G) A large population of young, unmarried men can be a cause of increased violence and militancy within a society. (ii) Regarding abortion and Down syndrome: (A) Persons with Down syndrome possess the same fundamental human rights as all other human beings. (B) In spite of this, various studies have found that a high degree — in excess seventy (70) percent — of unborn children diagnosed with Down syndrome are aborted. (C) Recent years have seen an increase in the use of amniocentesis and other prenatal testing to diagnose potential health problems in unborn children. (D) Amniocentesis and other prenatal testing often give correct results, but also give many false -positive results. (E) Roughly one (1) in every seven hundred (700) to one thousand (1,000) children is born with Down syndrome. (F) Down syndrome is not considered a severe disability. (G) In various circumstances, the United States prohibits discrimination against persons with Down syndrome. (H) In many situations such as education, the United States requires that accommodations be made for the benefit of persons with Down syndrome. (1) Persons with Down syndrome contribute to American culture and are a valuable part of our society. 6 181 (J) Many persons with Down syndrome are able to maintain employment, obtain an education, and live with varying degrees of independence. (K) As technology advances and as medical treatments and educational methods improve, persons with Down syndrome will increasingly be self - dependent and productive citizens. (iii) Regarding abortion and genetic abnormalities: (A) Persons with physical or mental deformities or handicaps possess the same fundamental human rights as all other human beings. (B) The United States prohibits discrimination against persons with physical or mental deformities or handicaps in various circumstances including housing and employment. (C) In many situations, the United States requires that accommodations be made for the benefit of persons with physical or mental deformities or handicaps. (D) In spite of this, studies have revealed that a high percentage of unborn children who are diagnosed with genetic abnormalities or a potential for genetic abnormalities are aborted. (E) Recent years have seen an increase in the use of amniocentesis and other prenatal testing to diagnose potential health problems in unborn children. (F) Amniocentesis and other prenatal testing often give correct results, but also give false -positive results. (G) There are approximately four thousand (4,000) known genetic abnormalities. (H) Persons with physical or mental deformities or handicaps contribute to American culture and are, a valuable part of our society. (I) Many persons with physical or mental deformities or handicaps are able to support themselves financially, obtain an education, and live independently. (J) As technology advances and as medical treatments and educational methods improve, persons with physical or mental deformities or handicaps will increasingly be self -dependent and productive citizens. (iv) Regarding maternal health: 7 182 (A) It is undisputed that abortion's risks to maternal health increases as gestation increases. (B) The risk of death at eight (8) weeks' gestation is one death per one (1) million abortions; at sixteen (16) to twenty (20) weeks, that risk rises to one death per twenty-nine thousand (29,000) abortions; and at twenty one (21) weeks' gestation or later, the risk of death is one per every eleven thousand (11,000) abortions. (C) This means that a woman seeking an abortion at twenty (20) weeks is thirty-five (35) times more likely to die from the abortion than she was in the first trimester. At twenty-one (2 1) weeks or more, she is ninety-one (9 1) times more likely to die from an abortion than she was in the first trimester. (D) Because abortions performed solely based on a child's sex or genetic diagnosis are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks including an exponentially higher risk of death. (b) Based on the findings in subsection 2(a), it is the purpose of this Ordinance to: (1) To regulate abortion facilities to ensure the health and safety of pregnant women while protecting the lives of unborn children as consistent with the public policy recognized by Indian River County, Florida in this Safe Harbor for Life Ordinance. (2) Regarding the findings in subsection 2(a)(5)- on late -term pregnancy: (i) Based on the documented risks to women's health, to prohibit ,abortions at or after 20 weeks' gestation, except in cases of a medical emergency. (ii) To prohibit abortions at or after 20 weeks' gestation, in part, because of the pain felt by an unborn child. (3) Regarding the findings in subsection 2(a)(6) on abortion -inducing drugs: (i) Protect the health and welfare of every woman considering a drug-induced abortion; (ii) Ensure that a qualified healthcare provider examines a woman prior to dispensing an abortion -inducing drug in order to confirm the gestational age of the fetus prior to administering the abortion inducing drug, the intrauterine location of the fetus, and that the fetus is alive since administration of mifepristone with miscarriage is unnecessary and exposes the woman to unnecessary risks associated with both mifepristone and misoprostol; (iii) Ensure that a qualified healthcare provider does not prescribe or dispense an abortion -inducing drug beyond the FDA -approved gestational limit; 183 (iv) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed." Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); (v) Ensure that every woman considering a drug-induced abortion receives comprehensive information on abortion -inducing drugs, including the potential to rescue the embryo or fetus effects of the drugs should she change her mind, and that every woman submitting to an abortion does so only after giving her voluntary and fully informed consent to the procedure; and (vi) Promote the health and safety of women, by adding to the sum of medical and public health knowledge through the compilation of relevant data on drug- induced abortions performed in the State, as well as on all medical complications and maternal deaths resulting from these abortions. (4) Regarding the findings in Section 2(a)(5) on prenatal discrimination: (i) Ban abortions performed for reasons of sex -selection or diagnosed or anticipated genetic abnormalities; and (ii) To protect women from the risks inherent in later -term abortions. Section 3. Definitions. As used in this Ordinance only: (a) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to: (1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; (3) Remove an ectopic pregnancy; or (4) Treat a maternal disease or illness for which the prescribed drug is indicated. (b) "Abortion -inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes the off -label use of drugs known to have abortion -inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications (e.g., chemotherapeutic agents, diagnostic drugs, etc.). 184 The use of such drugs to induce abortion is also known as "medical" or "drug-induced" abortion. (c) "Attempt to perform" means an act or omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion. (d) "Conception" means the fusion of a human spermatozoon with a human ovum. (e) "Consent" means the voluntary agreement or acquiescence by a person of age and with the requisite mental capacity who is not under duress or coercion and who has knowledge or understanding of the act or action to which he or she has agreed or acquiesced. (f) "Department" means the Indian River County Department of Health. (g) "Down syndrome" refers to a chromosome disorder associated either with an extra chromosome twenty-one (2 1) (in whole or in part) or an effective trisomy for chromosome twenty- one (21). Down syndrome is sometimes referred to as "trisomy 21 syndrome." (h) "Genetic abnormality" means any defect, disease, or disorder that is inherited genetically. The term genetic abnormality includes, but is not limited to: any physical disability, any mental disability or retardation, any physical disfigurement, scoliosis, dwarfism, Down syndrome, albinism, Amelia, or any other type of physical or mental abnormality or disease. "Facility" or "medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person. (i) "Final printed labeling (FPL)" means the FDA -approved informational document for an abortion -inducing drug which outlines the protocol authorized by the FDA and agreed upon by the drug company applying for FDA authorization of that drug. 0) "Healthcare provider" means any individual who may be asked to participate in any way in a healthcare service, including, but not limited to, the following: a physician; physician's assistant; nurse; nurses' aide; medical assistant; hospital employee; clinic employee; nursing home employee; pharmacist; pharmacy employee; researcher; medical or nursing school faculty, student, or employee; counselor; social worker; or any professional, paraprofessional, or any other person who furnishes or assists in the furnishing of healthcare services. (k) "Incompetent" means any person who has been adjudged a disabled person and has had a guardian legally appointed for him/her. (1) "Infant" means a child of the species homo sapiens who has been completely expulsed or extracted from his or her mother, regardless of the stage of gestational development, until the age of thirty (30) days post birth. (m) "LMP" or "gestational age" means the time that has elapsed since the first day of the woman's last menstrual period. 10 185 (n) "Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (o) `.`Mifeprex regimen" means the abortion -inducing drug regimen that involves administration of mifepristone (brand name "Mifeprex") and misoprostol. It is the only abortion - inducing drug regimen approved by the FDA (along with a generic). It is also known as the "RU- 486 regimen" or simply "RU-486." (p) "Mifepristone" means the first drug used in the Mifeprex regimen. (q) "Minor" means any person under the age of eighteen (18) who is not and has not been married and has not been legally emancipated. (r) "Misoprostol" means the second drug used in the Mifeprex regimen. (s) "Nurse" means a person who has undergone training, passed an examination, and obtained a license from the State of Florida conferring authorization to provide care for patients. The term includes Registered Nurses (RN), Nurse Practitioners (NP), Advanced Registered Nurse Practitioners (ARNP), Licensed Practical Nurses (LPN), and Advanced Licensed Practical Nurses (ALPN), and Clinical Nurse Specialist (CNS). (t) "Physician" means any person licensed to practice medicine in this State. The term includes medical doctors and doctors of osteopathy. (u) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's uterus. (v) "Pregnant woman" means any female, including those who have not reached the age of eighteen (18), who is in the reproductive condition of having an unborn child in her uterus. (w) "Premature" or "preterm" means occurring prior to the thirty-seventh (37th) week of gestation. (x) "Probable gestational age" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is considered, performed, or attempted. (y) "Qualified healthcare provider" means a healthcare provider licensed in this State who has the ability to assess the duration of pregnancy, diagnose ectopic pregnancies, and provide surgical intervention or has made plans to provide surgical intervention through another qualified physician; provided, however' that in no event shall the term be construed to authorize any individual to provide abortion who is not authorized to do so pursuant to the law of the State of Florida. (z) "Qualified person" means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician. 11 186 (aa) "Reasonable medical judgment" means that medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical condition(s) involved. (bb) "Sex -selection abortion" means an abortion performed because of the sex of the unborn child. (cc) "Unborn child" means the offspring of human beings from conception until birth. (dd) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support. Section 4. Prohibition and Reporting of Abortion Performed After 20 Weeks Gestational Age. (a) Prohibition on late -term abortion performed after 20 weeks gestational age. (1) No abortion shall be performed, induced, or attempted unless the physician has first made a determination of the probable gestational age of the unborn child. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent physician, knowledgeable about the medical facts and conditions of both the woman and the unborn child involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the physician shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. (2) No physician or person shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least twenty (20) weeks. (b) Reporting of abortions performed after 20 weeks gestational age. Any physician who performs an abortion pursuant to Section 4(a)(1) of this Ordinance shall report, in writing, to the medical facility in which the abortion is performed the reason(s) for the determination that a medical emergency existed. The physician's written report shall be included in a written report from the medical facility to the State Agency for Health Care Administration. If the abortion is not performed in a medical facility, the physician shall make the written report of the reason(s) for the determination that a medical emergency existed directly to the agency. The physician and the medical facility shall retain a copy of the written reports required under this Section for not less than five (5) years. Section 5. Prohibition of Unlawful Distribution, Requirements, and Reporting of Abortion - Inducing Drugs. 12 187 (a) Prohibition of Unlawful Distribution of Abortion -Inducing Drugs. (1) Because the failure and complication rates from a drug-induced abortion increase with advancing gestational age; because the physical symptoms of drug-induced abortion can be identical to the symptoms of ectopic pregnancy; and, because abortion -inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the qualified healthcare provider giving, selling, dispensing, administering, or otherwise providing or prescribing an abortion -inducing drug must first examine the woman and document, in the woman's medical chart, the gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise providing or prescribing an abortion -inducing drug. (2) Every pregnant woman to whom a qualified healthcare provider gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion -inducing drug shall be provided in person with a copy of the drug's final printing label (FPL). (3) Every qualified healthcare provider giving, selling, dispensing, administering, or otherwise providing or prescribing an abortion -inducing drug must have a signed contract with a physician who agrees to handle complications and be able to produce that signed contract on demand by the patient or by the Department. Every pregnant woman to whom a qualified healthcare provider gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion -inducing drug shall receive the name and phone number of the contracted physician. (4) The qualified healthcare provider giving, selling, dispensing, administering, or otherwise providing or prescribing any abortion -inducing drug or an agent of the qualified healthcare provider shall inform the patient that she may schedule an appointment to take each drug included in the regimen under the supervision of the qualified healthcare provider. (5) The qualified healthcare provider giving, selling, dispensing, administering, or otherwise providing or prescribing any abortion -inducing drug or an agent of the qualified healthcare provider shall schedule a follow-up visit for the woman at approximately seven (7) to fourteen (14) days after administration of the abortion -inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified healthcare provider or an agent of the qualified healthcare provider shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical record. (b) Informed Consent Requirements for Abortion -Inducing Drugs. (1) No abortion -inducing drug shall be given, sold, dispensed, administered, or otherwise provided or prescribed without the voluntary, informed, and in person consent of the woman to whom the abortion -inducing drug is given, sold, dispensed, administered, or otherwise provided or prescribed. 13 188 (2) A form created by the Indian River Health Department shall be used by a qualified healthcare provider to obtain the consent required in person and prior to giving, selling, dispensing, administering, or otherwise providing or prescribing an abortion -inducing drug. The Health Department shall have sixty (60) days from the effective date of this Ordinance to publish a consent form in accordance with the provisions of this Ordinance. Said consent form shall be posted by United States Mail, return receipt requested, and via electronic mail to any qualified healthcare provider who provides notice to the Health Department of their intention to provide abortion -inducing drugs pursuant to this Ordinance. The form shall be deemed to have been received immediately by electronic mail and three (3) days after the date of mailing. (3) A consent form is not valid and consent is not sufficient, unless: (i) The patient signs the "consent statement" described in subsection 5(b)(5)(vii) in person; and (ii) The qualified healthcare provider signs the "qualified healthcare provider declaration" described in Section 5(b)(4)(x) in person. (4) The consent form shall include, but is not limited to, the following: (i) The probable gestational age of the unborn child as determined by both patient history and by ultrasound results used to confirm the gestational age; (ii) A printed copy of the ultrasound image that is dated and time -stamped, with the presence of a fetal heart tone confirmed; (iii) A detailed description of the drug-induced abortion regimen or procedure; (iv) A detailed list of the risks and hazards related to the specific drug-induced abortion regimen or procedure to be used including, but not limited to hemorrhage (heavy bleeding); failure to remove all products of conception which may require an additional procedure; sepsis; sterility; and possible continuation of pregnancy; (v) That the risks of complications from a drug-induced abortion, including incomplete abortion, increase with advancing gestational age; (vi) That it may be possible to slow or stop the effects of the drug-induced abortion should she change her mind, but that time is of the essence; (vii) That information on and assistance with rescuing the embryo or fetus from the effects of abortion -inducing drugs are available in printed materials available from the Indian River Health Department; (viii) That information on and assistance with adoption services are available from the Indian River Human Services Department; and 14 189 (ix) A "consent statement" which must be signed by the patient. The consent statement must include, but is not limited to the following declarations, which must be individually initialed by the patient: (A) That the patient understands that the abortion -inducing drug regimen or procedure will end her pregnancy and will result in the death of her unborn child; (B) That the patient is not being forced to have an abortion, that she has the choice not to have the abortion, and that she may withdraw her consent to the abortion -inducing drug regimen or procedure; (C) That the patient understands that the drug-induced abortion regimen or procedure to be used has specific risks and may result in specific complications; (D) That she has been given a copy of the final printing label (FPL) of the chosen abortion -inducing drug regimen or procedure to be used. (E) That the patient has been given the opportunity to ask questions about her pregnancy, the development of her unborn child, alternatives to abortion, the abortion regimen or procedure to be used, and the risks and complications inherent in the regimen or procedure to be used; (F) That she was specifically given information on the potential ability of qualified medical professionals to slow or stop the effects of an abortion obtained through the use of abortion -inducing drugs,.such as mifepristone (brand name "Mifeprex"), commonly referred to as "RU-486," including information directing women to obtain further ° information at http://www.abortionpillreversal.com/ and by contacting (877) 558-0333 for assistance in locating a medical professional that can aide in the reversal of an abortion. (G) That she has been provided access to printed materials prepared by Indian River County on informed consent for abortion and County -prepared and maintained Internet information on informed consent for abortion. (H) That she has been given the name and phone number of the contracted physician who has agreed to provide medical care and treatment in the event of complications associated with the abortion -inducing drug regimen or procedure; (I) That she has been informed that she may schedule an appointment to take each drug included in the abortion -inducing regimen or procedure under the direct supervision of the qualified healthcare provider; (J) That the qualified healthcare provider or an agent of the qualified healthcare provider will schedule an in person follow-up visit for the woman 15 190 at approximately seven (7) to fourteen (14) days after administration of the abortion -inducing drug regimen or procedure to confirm that the pregnancy is completely terminated and to assess the degree of bleeding and other complications; and (K) That the patient has received or been given sufficient information to give her informed consent to the abortion -inducing drug regimen or procedure. (x) A "qualified healthcare provider declaration," which must be signed by the qualified healthcare provider, stating that the qualified healthcare provider or another qualified person has explained the abortion -inducing drug regimen or procedure to be used, has provided all of the information required in Sections 5(b)(4)(i) through 5(b)(4)(viii) hereinabove, and has answered all of the woman's questions. (c) Information Required in County -Prepared Materials for Abortion -Inducing Drugs. (1) The Department shall cause to be published in the County -prepared, printed materials on informed consent for abortion and the County -prepared and maintained website on informed consent for abortion the following statement: "Information on the potential ability of qualified medical professionals to reverse the effects of an abortion obtained through the use of abortion - inducing drugs, such as mifepristone (brand name "Mifeprex"), commonly referred to as "RU-486," including information directing women to obtain further information at http://www.abortionpillreversal.com/ and by contacting (877) 558-0333 for assistance in locating a medical professional that can aide in the reversal of an abortion." (2) On an annual basis, the County Health Department shall review and update, if necessary, the statement required in subsection 5(c)(1) of this Section. (d) Reporting on Abortion -Inducing Drugs and Drug -Induced Abortions. (1) For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a report of each drug- induced abortion performed shall be made to the to the County Health Department on forms prescribed by it. The reports shall be completed by the hospital or other facility in which the abortion -inducing drug was given, sold, dispensed, administered, or otherwise provided or prescribed; signed by the qualified healthcare provider who gave, sold, dispensed, administered, or otherwise provided or prescribed the abortion -inducing drug; and transmitted to the Department within fifteen (15) days after each reporting month. The Department shall in turn provide said reports to the State Agency for Health Care Administration. (2) Each report shall include, at minimum, the following information: 16 191 (i) Identification of the qualified healthcare provider who gave, sold, dispensed, administered, or otherwise provided or prescribed the abortion -inducing drug; (ii) Whether the abortion drug regimen or procedure was completed at the hospital or facility in which the abortion -inducing drug was given, sold, dispensed, administered, or otherwise provided or prescribed or at an alternative location; (iii) The referring physician, agency, or service, if any; (iv) The county and state in which the woman resides; (v) The woman's age and race; (vi) The number of the woman's previous pregnancies, number of live births, and number of previous abortions; (xi) The probable gestational age of the unborn child as determined by both patient history and by ultrasound results used to confirm the gestational age. The report will include a printed copy of the ultrasound image that is dated and time - stamped, with the presence of a fetal heart tone confirmed; (vii) The abortion -inducing drug used and the date it was given, sold, dispensed, administered, or otherwise provided or prescribed to the woman; and (viii) Preexisting medical condition(s) of the woman which would complicate her pregnancy, if any; and (ix) Whether the patient returned for a follow-up examination to determine completion of the abortion procedure and to assess bleeding and the date and results of any such follow-up examination. (3) Reports required under this subsection shall not contain: (i) The name of the woman; (ii) Common identifiers such as her social security number or motor vehicle operator's license number; or (iii) Other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who has obtained or seeks to obtain a drug-induced abortion. (4) The Indian River County Health Department shall forward all such reports to the State Agency for Healthcare Administration within thirty (30) days of receipt. The County Health Department shall review and assess the reports provided under this Ordinance for. compliance with State law and shall refer any failure to comply to the appropriate State authority. 17 192 (5) If a qualified healthcare provider provides an abortion -inducing drug to another for the purpose of inducing an abortion as authorized in Sections 5(a) and 5(b) of this Ordinance, and if the qualified healthcare provider knows that the woman who uses the abortion -inducing drug for the purpose of inducing an abortion experiences, during or after the use of the abortion -inducing drug, an adverse event, the qualified healthcare provider shall provide a written report of the adverse event within three (3) days of the event to the FDA via the Medwatch Reporting System and to the County Health Department, which shall in turn within thirty (30) days forward the report to the State Agency for Health Care Administration. For the purposes of this Ordinance, an "adverse event" shall be defined according to the FDA criteria given in the Medwatch Reporting System. Section 6. Prohibitions on Prenatal Discrimination. (a) Prohibition on sex -selection abortion. (1) No person may intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion because of the sex of the unborn child. (2) Nothing in this Section shall be construed to proscribe the performance of an abortion because the unborn child has a genetic abnormality or disorder that is linked to the unborn child's sex. (3) If this Section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability. (b) Prohibition on abortion for Down syndrome. (1) No person may intentionally perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child has been diagnosed with either Down syndrome or a potential for Down syndrome. (2) If this Section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability. (c) Prohibition on abortion for a genetic abnormality. (1) No person may intentionally perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either a genetic abnormality or a potential for a genetic abnormality. (2) If this Section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability. 18 193 Section 7. Criminal Penalties. (a) Regarding abortion performed after 20 weeks' gestation: (1) Any person who intentionally or knowingly violates this Ordinance is guilty of a second-degree misdemeanor. (2) Any physician who intentionally or knowingly performs or induces an abortion in violation of this Ordinance and thereby kills an unborn child shall be fined not less than five hundred dollar`s ($500.00) under this Ordinance, or be imprisoned not less than six (6) months, or both. (b) Regarding abortion -inducing drugs: Any person who intentionally, knowingly, or recklessly violates any provision of this Ordinance is guilty of a second-degree misdemeanor. (c) Regarding prenatal discrimination: Any physician or other person who intentionally or knowingly performs or attempts to perform an abortion prohibited by this Ordinance shall be guilty of a second degree misdemeanor, and shall be fined not less than five hundred dollars ($500.00) or be imprisoned not less than six (6) months or both. (d) The State Attorney for Indian River County shall have authority to investigate and prosecute violations of this Ordinance in coordination with the Indian River County Sheriff's Office. The Board of County Commissioners shall have authority to budget the sum of ten thousand dollars ($10,000.00) to the Office of the State Attorney for the investigation and prosecution of alleged violations of this Ordinance, provided, however, that said sum shall not be expended unless and until the State Attorney or the Sheriff's Office informs the Board that a credible allegation of violation has occurred. Section 8. Civil Remedies and Professional Sanctions. (a) Regarding abortions performed after 20 weeks gestational age: (1) The woman, the father of the unborn child if married to the mother at the time she receives an abortion in violation of this Ordinance, and/or, if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the unborn child may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiffs criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion. (2) Such relief shall include (i) Money damages for all psychological and physical injuries occasioned by the violation of this Ordinance; and (ii) Statutory damages equal to three times the cost of the abortion performed in violation of this Ordinance. 19 194 (b) Regarding abortion -inducing drugs: (1) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was attempted, induced, or performed. (2) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant. (3) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff. (c) Regarding prenatal discrimination: (1) Any physician or person who intentionally or knowingly violates this Ordinance shall be liable for damages as set forth in subsection (2) below. He or she may also be enjoined from future acts prohibited by subsections 6(a) through 6(c) of this Ordinance, pursuant to subsection (3) below. (2) A pregnant woman upon whom an abortion has been performed in violation of this Ordinance, the parent or legal guardian of the woman if she is an unemancipated minor, or the legal guardian or conservator of the woman if she has been adjudged incompetent may commence a civil action for any knowing, intentional, or reckless violation of the Ordinance and may seek both actual and punitive damages. Such damages shall include, but are not limited to: (i) Money damages for all psychological and physical injuries occasioned by the violation(s) of this Ordinance; and (ii) Statutory damages equal to three times the cost of the abortion performed in violation of this Ordinance. (3) A cause of action for injunctive relief against any physician or other person who has knowingly violated this Ordinance may be maintained by the woman upon whom the abortion was performed or attempted to be performed in violation of this Ordinance; any person who is the spouse, parent, guardian, conservator, or a current or former licensed healthcare provider of the woman upon whom an abortion has been performed or attempted to be performed in violation of this Ordinance; or by a District Attorney with appropriate jurisdiction. The injunction shall prevent the physician or person from performing further abortions in violation of this Ordinance. Section 9. Exclusion of Liability For a Woman Who Undergoes Abortion Prohibited Under this Ordinance. 20 195 (1) Any woman upon whom an abortion in violation of this Ordinance is performed or attempted may not be prosecuted under this Ordinance for a conspiracy to violate this Ordinance or otherwise held criminally or civilly liable for any violation. (2) In any criminal proceeding or action brought under this Ordinance, any woman upon whom an abortion in violation of this Ordinance is performed or attempted is entitled to all rights, protections, and notifications afforded to crime victims under the law of the State of Florida and Indian River County. (3) In every civil proceeding or action brought under this Ordinance, the anonymity of the woman upon whom an abortion is performed or attempted shall be preserved from public disclosure unless she gives her consent to such disclosure. A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of . the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who initiates a proceeding or action under Section 8(b) or Section 8(d) of this Ordinance shall do so under a pseudonym. Section 10. Construction. (a) Nothing in this Ordinance shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this Ordinance to make lawful an abortion that is currently unlawful. (c) Nothing in this Ordinance shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive (as defined in this Ordinance). (d) Nothing in this Ordinance shall be construed to affect existing federal, State or County law regarding abortion. (e) Nothing in this Ordinance shall be construed to alter generally accepted medical standards. Section 11. Right of Intervention. The County Commission of Indian River County, Florida may appoint one or more of its members, who sponsored or cosponsored this Ordinance in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this Ordinance or any portion thereof is challenged. Section 12. Severability. Any provision of this Ordinance held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the 21 196 application of such provision to other persons not similarly situated or to other, dissimilar circumstances. Section 13. Effective Date. This Ordinance takes effect immediately on the date of its approval by the Board of County Commissioners. 22 197 1oa l A AMERICANS n tTNITED FOR LIFE November 17, 2020 Chair and Members Indian River County Board of County Commissioners 1801 27th Street Vero Beach 32960-3388 Re: Indian River Safe Harbor for Life Ordinance Ladies and Gentlemen: Thank you for the privilege of testifying this morning on behalf of Americans United for Life in support of the Indian River Safe Harbor for Life Ordinance. AUL is the nation's first national pro-life legal advocacy organization, headquartered in Washington, DC. We are the legal architects of the pro-life movement, having participated in every U.S. Supreme Court case involving human life issues since Roe u. Wade in 1973. AUL's principal area of expertise is state pro-life policy; most of the over 500 pro-life state laws enacted in the last 10 years have been authored in whole or in part by our legal team, or inspired by AUL model legislation. The proposed Safe Harbor for Life Ordinance includes three essential components that are designed to express the County's strong preference for choosing life over abortion and to impose legal and commonsense regulations on providers of abortion that may seek to establish their business here. The first is a limit on abortion after twenty weeks' gestation, in light of the serious health and safety risks that an abortion at that late stage of gestation presents and the medical science that teaches us that infants in the womb feel the pain of an abortion at that age. The second is a series of regulations of RU-486 abortion, known as "chemical abortion", that are consistent with and reinforce U.S. Food & Drug Administration regulations that are designed to protect patients who undergo this procedure. The third is a limit on abortion availability when done for invidiously discriminatory reasons related to the baby's gender or disability. All of these provisions are in keeping with Florida state law and within the County's legal and constitutional authority. My colleague, Katie Glenn, will discuss the legal and medical reasons for these provisions. The remainder of my testimony will focus on addressing the County's legal AMERICANS UNITED FOR LIFE AUL.ORG 202.289.1478 1 150 CONNECTICUT AVE., STE. 500, WASHINGTON, DC 22036 rif 11/w authority to regulate in this area under Home Rule, and its constitutional authority to do so pursuant to the federal and state constitutions. I. THE COUNTY HAS LEGAL AUTHORITY UNDER HOME RULE To ENACT MEASURES TO REGULATE ABORTION. The State of Florida and its municipal entities, including Indian River County, have "legitimate interests from the outset of pregnancy in protecting the health of women." Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992). More. specifically, the State and its local. governmental entities have "a legitimate concern with the health of women who undergo abortions." Akron v. Akron Ctr. for Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983). "The decision whether to obtain an ,abortion is fraught with specific physical, psychological, and economic implications of a uniquely personal nature for each woman." In re T.W., 551 So. 2d 1186, 1193 (Fla. 1989). Non -charter Florida counties like Indian River County have authority to enact health and safety measures that are congruent with State law. Art. VIII, Sec.. 1(f) of the Florida Constitution grants the power of self-government to counties, provided that non -charter counties may enact ordinances not inconsistent with State law: (f) NON -CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict. See also Florida Association of Counties, "Basic Differences Between Charter and Non -Charter Counties;" National Association of Counties, COUNTY AUTHORITY: A STATE BY STATE REPORT 36-39 (Florida) (Dec. 2010). The Florida legislature recognizes that "Any county or municipality may enact, in a manner prescribed by law, health regulations and ordinances not. inconsistent with state public health laws and rules adopted by the department." FLA. STAT. § 381.0016. Thus, through its broad home rule powers, the State of Florida has conferred upon Indian River County a legitimate interest in regulating abortion providers to ensure health and safety conditions in abortion clinics meet medical industry standards. 1 Available at https://www.fl-counties.com/themesibootstrap subtheme/ sitefinity/documents/basic-differences-between-charter-and-non-charter-counties-p df -.p df. AMERICANS UNITED FOR LIFE AUL.ORG 202.289.1478 1 150 CONNECTICUT AVE.; STE. 500, WASHINGTON, DC 22036 I q' - II. CONSTITUTIONAL AUTHORITY OVER THE LAW OF ABORTION APPLIES REGARDLESS OF THE NATURE OF THE GOVERNMENTAL ENTITY. Regardless of the level of federal, State or local government that enacts laws or regulations affecting abortion, the same constitutional principles apply. Federal courts, including the U.S. Supreme Court, have reviewed abortion laws, regulations, andpolicies enacted by Congress, presidential administrations, States, and municipalities. For purposes of constitutional analysis, these cases refer to these legal enactments interchangeably as "State" action, and the constitutional analysis employed by the courts is not altered by the structure of government. An early example of this principal is Poelker v. Doe, 432 U.S. 519, 520 (1977), in which the U.S. Supreme Court applied the standard announced in Roe v. Wade, 410 U.S. 113.(1973); to a municipal policy prohibiting city funding of abortion and the pro-life staffing, policy of a city hospital: The Court of Appeals concluded that Doe's inability to obtain an abortion resulted from a combination of a policy directive by the Mayor and a longstanding staffing practice at Starkloff Hospital. The directive, communicated to -the Director of Health and Hospitals by the Mayor, prohibited the performance of abortions in the city hospitals except when there was a threat of grave physiological injury or :death to the mother. Under the staffing practice, the doctors and medical students at the obstetrics -gynecology clinic at the hospital are drawn from the faculty and students at the St. Louis University School of Medicine, a Jesuit -operated institution opposed to abortion. Id. at 520. In spite of the mayor's pro-life views, the Court held that a city,. like a State, may express pro-life policy through its policies: [E]mphasis is placed on Mayor Poelker's personal opposition to abortion, characterized as "a wanton, callous disregard" for the constitutional rights of indigent women. Although the Mayor's personal position on abortion is irrelevant to our decision, we note that he is an elected . official responsible to the people of St. Louis. His policy of denying city funds for abortions such as that desired by Doe is subject to public debate and approval or disapproval at the polls. We merely hold... that the Constitution does not forbid a State or city, pursuant to democratic processes, from expressing a preference for normal childbirth as St. Louis has done. Id. at 521 (citation omitted). AMERICANS UNMED FOR LIFE AUL.ORG 202.289.1478 1 150 CONNECTICUT AVE.; STE. 500, WASHINGTON, DC 22036 1g13 Likewise, in Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), the City Council of Akron regulated the performance of abortion within city limits through a multifacted pro-life ordinance: [T]he City Council of Akron enacted Ordinance No. 160-1978, entitled "Regulation of Abortions." The ordinance_ sets forth 17 provisions that regulate the performance of abortions, 5 of which are at issue in this case: (i) Section 1870.03 requires that all abortions performed after the first trimester of pregnancy be performed in a hospital. (ii) Section 1870.05 sets forth requirements for notification of and consent by parents before abortions . may be performed on unmarried minors. (iii) Section 1870.06 requires that the attending physician make certain specified statements to the patient "to insure that the consent for an abortion is truly informed consent." (iv) Section 1870.07 requires a 24-hour waiting period between the time the woman signs a consent form and the time the abortion is performed. (v) Section 1870.16 requires that fetal remains be "disposed of in a humane and sanitary manner." Id. at 421-24 (citations omitted). The Akron ordinance provided that violations of the ordinance were punishable as a criminal misdemeanor. Id. at 425. In addressing the constitutionality of these provisions, the Supreme Court did not make any distinction between state and local forms of government. In fact, it repeatedly referred to Akron as "the State", and applied precedent that related to "State" laws to the City of Akron, using the terms interchangeably. See generally id. at 423-32 The same result pertains with respect to Supreme Court precedent involving U.S. territories, Ada v. Guam Soc'y of Obstetricians & Gynecologists, 113 S. Ct. 633 (1992) (petition for writ of cert. den.; Scalia, J., with White, J., dissenting) (constitutional analysis applied to unincorporated U.S. territory); the District of Columbia, United States v. Vuitch, 402 U.S. 62 (1971) (same as to federal District of Columbia); and the federal government, Gonzales v. Carhart, 550 U.S. 124 (2007) (applying constitutional standard to uphold an Act of Congress; the Partial -Birth Abortion Act). Consequently, a county may enact legislation regulating abortion, AMERICANS UNrrED FOR LIFE AUL.ORG 202.289.1478 1 150 CONNECTICUT AVE., STE. 500, WASHINGTON, DC 22036 subject to the same federal constitutional strictures as federal and state governmental entities. III. THE PROVISIONS OF THE PROPOSED SAFE HARBOR FOR LIFE ORDINANCE ARE CONSTITUTIONALLY SOUND. Each of the main provisions of the Ordinance has been upheld by the U.S. Supreme Court or fits within existing federal and state constitutional precedent. The regulations pertaining to chemical abortion are consistent with and in furtherance of FDA requirements for RU-486 abortion. The limitation of abortion to twenty weeks' gestation and the prohibition on discriminatory abortion are not inconsistent with State law's regulation of abortion.2 The State statute provides for procedures and conditions relating to third -trimester abortion, but does not preclude appropriate regulation of abortion below that gestational age.3 The U.S. Supreme Court has not considered a provision of this kind, but its decision in Carhart u. Gonzales, 550 U.S. 124 (2007), which upheld the federal Partial Birth Abortion Ban Act, suggested that the Court would be open to prohibitions on later -term procedures. State constitutional law is to the same effect. Although the Florida Supreme Court has suggested in past cases that abortion regulations must survive strict scrutiny,4 that higher level of review has been reserved for laws that significantly burden the right to abortion. When the law merely imposes reasonable requirements, such as informed consent requirements, there is no significant burden and no strict scrutiny. Therefore, in State v. Presidential Women's Center, the state Supreme Court upheld the Woman's Right to Know Act, which prohibits abortions "unless either the referring physician or the physician performing the procedure first obtains informed and voluntary written consent," without applying strict scrutiny or identifying any burden on the right of privacy. 937 So. 2d 114, 116-20 (Fla. 2006). That law required "voluntary and informed written consent" before any abortion and specified that abortion practitioners must inform each woman, orally and in person, of the nature and risks of abortion, the probable gestational age of the woman's fetus, and any medical risks—to the woman and her fetus—of carrying the pregnancy to term. Id. at 115 n.1 (quoting § 390.0111(3)(a)(1)(b), Fla. Stat.). "[W]ithout a full understanding of what .she faces, "a `consent' does not represent a choice and is ineffectual." Id. (quoting Bowers v. Talmage, 159 So. 2d 888, 889 (Fla. 3d DCA 1963)).5 The provisions 2 See. FLA. STAT. § 390.0111. 3 See generally ibid. 4 See, e.g., In re T.W., 551 So. 2d 1186, and North Florida Women's Health & Counseling Services, Inc., 866 So. 2d 612 (Fla. 2003). 5 Additionally, it is an open question whether the state Supreme Court will continue to hew to the strict scrutiny standard for abortion suggested in older cases. The Court's most recent pronouncement, Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017)., which AMERICANS UNMED FOR LIFE AUL.ORG 202.289.1478 1 150 CONNECTICUT AVE., STE. 500, WASHINGTON, DC 22036 1q��5 of the Safe Harbor ordinance mandating full information about chemical abortion and the availability of adoption alternatives are congruent with the state informed consent provisions. Thank you once again for the privileging of providing testimony in support of . these important, commonsense health measures. Very truly yours, Steven H. Aden, J.D. Chief Legal Officer/General Counsel AMERICANS UNITED FOR LIFE cc: Interested parties held that strict scrutiny still applies, was decided by a very different court, and only one member of the four-justice. majority in that case is still on the court. AMERICANS UNITED FOR LIFE AUL.ORG 202.289.147.8 1 150 CONNECTICUT AVE., STE. 500, WASHINGTON, DC 22036 1� _ - o V 4 O Go to my_petition's dashboard Make Indian River County a Safe Harbor for the Preborn & their Mothers Committee for Sanctity ofLi e started this petition to Indian River County Board of Commissioners Every day we grow closer to being able to fully restore the rights of preborn children and protect women with the same action. Would you choose a higher standard of care to preserve the sanctity of life? Indian River County is a special community and we must strive to uphold the values from which we all benefit. Join us to make Indian River County a Safe Harbor for the most vulnerable of our county, the prebo2n children and their mothers. Be a voice for those who cannot speak. There are no abortion facilities in our county now, so enacting this ordinance will not close or target any businesses, only ensure Indian River County remains a safe oasis that respects the sanctity of all human life. One of the primary purposes of this ordinance is prevention. The other is to protect the health and welfare of pregnant women by improving the quality of care with safety standards and choices. Your signature on this petition validates the future principles of Indian River County will remain the same, protecting our special coiner of the world. Your signature embraces the determination of respect for the dignity of all human life. 801 e)signed. I ` Ij -1 Signatures Name Name Xingchen Wang Charmaine Bonge Name Dalena Soun Kyle Frey Gerri Krempel Glenn Ramos Kathleen Barton Melissa Boatright Kristen Stadelmaier Nicholas Bellofatto Patty Bruzzese lindsey mcfarland Brandon Lee Frieda Mangulas Erin Klock Haley Gunther Kathryn Carvell Madelyn Fernandez Garfield Hudnell Benjamin Paul Zelno Christian Rankin Heather Gutierrez Dick Van Mele Kaci Pace A Lawson Michael Glatz sienna smith Lamarre Notargiacomo Lillian Worthington Sarah Bekele Christine Franke Carolyn Dean Abigail Rodriguez Gloria Lewis Susan Baldwin Lilibeth Rivera Tiffany Anderson Jackson Hester Arianna Vargas Beryisha Ansele Kharizma Prejean Kai M timmm C Susie Avila Maribel Archer Hattie Jones harmandeep gill Olivia Baum Grayson Scheer Eva Fierro Torrence Crocetto Liberty Fereles Sydney Rose Kira Fahlstrom Corbin Schaefer Klarissa Haney Lunae Catter Connor Chang joe mama Xavier Hopkins Daniel Graham Richard Irvin Miller Madison Davis Son Lam Name Name Name Monica Shotwell Renee Williams Emma Dedua Char Bever Alana Brown-Davis Judy Mars Carolyn Kleinpeter Susan Murphy Karolina Orishchal Kelly anderson Susie Beale Sinai Reyes Chris Allen Holli Skrapits Kelly Hall Michael Correa Gloria Timblin . Jasmine Hendricks Ruthy Correa John Rorick marlee blauvelt Christine Odeven Jacqueline Hunter Gwyneth Fowler Donna Gaspar Erin Fox Alexiah Brown Maria Iribar-Rojas Marie Ferretti Sneha Poranki Heather Rossi Lois Ventimiglia Daneta Elder ELAINE BROWN Peggy Johnson Steven Mckim Cyndi Margotta William Wetzel Tiffany Flores Tracy Borcheller Freddy Castillo Nabila Omar Miracles Medina Lilliam Tobar Landon Norris Kaitlyn Casais Ms. Shawn wise Jayden Mcniel October Wolfe Tamra Johnson Janine Ochoa Emely Del Pezo Barbara DiVenuto Damien Parker Alexa Perez cliff palmer Salma Salazar Jenna Wesley Coral Heady Esmeralda Ramire; Odette Avendano Andrea Ayala Emma Maher savannah davidson Donald Baldwin Beatriz Oliveira L l�� Name Name Name Jayonna Willert Antony Wanniappa Peggy Mac-Lellan Ryleee Woodfield Hayley Erickson Judith Minard Kimora Carter Aya Kader Jose L Mac-Lellan Keyla Gomez Annabelle Meaney Carolina Pardo Siena Cohen Alison Lopez Ana Rojas Horya Barak ally hi Leslie Hernandez Madison Lenzi Justice Hives Regulo Moncada Surnwor Chauhan Jhanvi Dyavarshetty Sylvain Suzzoni Tammy Burnett Everardo Claro Ahmed Rao Valerie Cespedes Jordan Cash Andrea Linde Rego Senora Traviesita Jessica Simmons Eddy Space Shelby Hawkins Tiffany Watson Nurliza Syahrindah Rangkuti Crystal Sanchez Heidi Leigeb Adela Sanchez Lima Jordan Varun Mudunuri Justine Styer Chelsea Aamold Annie Huynh Yan Lei Kam ryn Calhoun Donna Ousley Lawrence Donini Isabella Jones Joanne Jung salai#am Voogt Natalia Johnson Philip Brown Tatiana Vinueza Michelle Gonzalez Alyssa Arroyo Jocelyn Yanez Tyler Tyler Jimena Sanchez Alicia Cutteridge Aaliyah Cuevas Guadalupe Colins stephany cardenas Alejandro Martinez Lizette Bohler Laura Luu Name Name Name Patrick Senfuma suheily rios Edgelline Arlequin Alexis Gleason Debbie Maines Francine Amy Stephanie Salazar Kate Robledo William Woody stella jean Shauntea Black Bill Manville hi cherry Lisa juris Jim Paige Lynx Bailey Ellen Brownstone Kei Inoue Aaliyah Conteh Julia Mceneny JJ Cannon Julia Carneiro Nancy Torres Jeremy Leonard Penny Quiroa Madina A Jovanny Castro Aubree Creeks Ceceilia Campbell Emeka Nicholas Laci Miller Brooke Maya Donya Becton Renea Chafe Patricia Harrison Silvia Lara Daylon Hucks Bonnie Martinelli Savannah Burton Malis Frimpong Cade Herman Evan Nawrocki Carmen Shoemaker doria wosk Claire Osterhout kathy morales Thomas Frederick Alexis Berry Iola kimberly Tommy Aiello William Cummings Bisola Abiola Robert Walsh Hanna Myers Krista Noneya Luisa Mariani Pattie Soto Kelsey Frank Sherrill McMahon Alfrazier Cannon Megan Giles George pepe Jim Manhardt Raymond Berrios Juan Carlos Lara Ashley Kline Name Name Name CB Rowe Katie Smith Nat Liaxh Dana Deluca Shixiong Hu Davina Brown Mikayla Moran Lauren Sanchez Maureen Biah Jazzmine Harper James Morse Daniela Romero Madison Stewart Madelyn Kearns Tatsiana Usovich Liz M Kiomi Rincon Luke Kantowitz Benjamin Mihm AmyJuan Rose Mary Dodd Ashley Valdes Berenice Francisco Gary Refsland Kymber Foster Paula Ambos Edward Welch Emma Muehlenbeck Sophie Stanley Ruby Bell Nikki Glaspie paige merchant Ruth M Danielle Christian -Lang Jiffany Rodriguez Isailiz Troche Kyle Williams Jennifer Zeleneski Beverly Boughner Amina Syed Martha Tamayo Abby Wilson Marc Ghen Kara Horne Vedra Spruill Lacey Flippen Dulce Rosales Shurily Gonzalez Sophia Schaller ADEETA SINGH Sonoma Steiner Samson Mason Yenifer Meza Lynn gaouette Jose Claudio Carly Schook A alnidawi DEBERA SMITH, MS, LSW, 0 Alex Medina-Pillado Amanda Wilcox Elisabeth Pointer Luciana McManus RC y Sergio Vazquez Anissa Whitworth Patricia Alonso x-11 -IZ Name Carol Corr Millie Mcwhorter Frank Cramblitt Juliana M Jeri Stewart Williams Jim Sullivan Robert Farrell Philp Parker Walter hall Wendy Watkins Shawn Van Hook ML Norris Sandra Orozco David Parker Mary Diamond Tania Weibel Jenny Weatherwax Audrey Schiffli Nikisha Ross Cole Barker Francine potvin Diane Marie Roselli, Name Name Julia J Karlee Moffat Alma Jamieson-Destin eva deleon Forrest Seuser Ellyce Lineton Jack Kennedy Jose Restrepo Crystal Garcia Mayra Figueroa Kat Cerdan Nastajia Walker Eugenia Ahern Evelyn Vazquez Suzanne Siegler Jasmine Matos Mariya Metelskiy Madeline Arp John Kovacsiss Jr Rae Ades Frank Gonzales Jr. Tonia Boston-Crumbley Trinity Ortiz Robin Wechsler Roger Parauka Dan Purnell Sandra Parauka Debi Morrison Sr. Nancy Tomaso Elisa Kownacki connie harris Hope Eneanya Mark Beardslee Erica mckinzie noga Wallach Donald L Jackson Bill Walsh Aryan Nolette richard keller Ashley Rust Gerard Koziel Angie Falgout Paul Gallagher Heather Waters Name Name Name Skye Wilson Mathilda Goldberg Elliana Rodger Costantino Ruggeri Gloria Bonell Nancy w Rampino Sandra lackas Kanen Jeganathan Christine Sturkey Betty Bunda Carlo Bolanos Adalie Heller Cammy Provencher Catherine Dobson Melanie Murvine Sven Garcia Daniel Nolan Linda Kovacsiss Pierre Akladios Daniela Rodriguez Stephen Bell Kathy Jones Aiyona Blue Karen Downey Jeremy Chesher Miyana Flowers Marge Repasz Benjamin Embers Pamella Mthabela Julieann Farrell Michael Short Ifadat Salim Ann Nolan Rebecca Smith Erika alikaj malissa ranasinghe Nabil Adam Ellan Rice Viola Bell -Gayton Nathan Gordon SUSAN DAHL joseph coscia Olga Melnikova Mei Fung Patrick kester Kenny Champion Roger Murray Karen Alfred juan Balderrama Joao Vitor Ribeiro Rosalie Roth Susan Davis Kawin Subaskody Juliann Mars Randel Jeffries Joanna Way Robert Casper Tina God love Mark Rademacher Millie Del Grosso Melvin Hsu Madison Jean Shakayla Thomas Christopher Navarro vicky singer Paul Tanner Name Name Name Jack Red Sandra No les DaeMiere Spencer Frank Scattini A,eHVIc PbIWKOB Tiffany Nunez STELLA ZOPES aven kuang John McCarthy Cathy Zopes Kevin Fitzgerald Hailey Duran Shia Lederman Gia Lasswell Jessica Barnhill Mellissa Ballie Kyra Phillips Lexi Carlo Danica Carmack John Kramer Leo Garcia Guillaume Nadeau Erik Granado Aleigha Hare Ron Hunkapiller Kathy Karamusyan Miranda Puga Alan Marquez Mary McGovern Trenton Pena Regina Moses -Blackwell Barbara Luetzow Cori Loggins yonne k Suada Sela Wah Law Maureen Zminkowski Carla Gomes Corlyn Brownlee Taylor Kendziora Renee Spomer Jazzni Neill Josephine Lin Giselle Chavez Tracy Wong Gregory Brown Maureen Dunn Brooke Colekan Chelsea Stewart Aaliyah Payne Kairy Gonzalez paloma freedman Cynthia Carmona Rebecca Straw Ethan Abney Matthew Hoag Ella Bouman Jaikherrick Lawrence Stephen Bonillas Tom Kvach Jarrett Cloud Corey Levine Natalie Ramirez Sabrina Hardee Luis Bustamante Martin Bacierto Name Name Name Emily Weaver Muhammad Ijaz geya ling bu natalie sarmiento Jake Helberg Catarina Dantas Marilyn Dickerson Sara Lee Niilo Eerola Johnica Banks Judy Landgrave Saamia Tejani MaKayla Whittie Linda Anselmini Ajla Khan joan sweet Connie Bishop Kathleen Serrano Mari Lynn Robert Frangione Nabiha Mahboob queen elizah Brandon White Kira Hotaru Melissa Heithaus Sharon Correa Carla Gutierrez Peter McGonagall Raymond Mello Cristina Mailhos David Lin Curtis Hamlin Long DARRYL PRICE Kristina Booth Mary Wright Gail Regets Buffie Strickland Connie Webb Justin Kaufman Giovanni Santi Wije Hewapathirana Michael Keefe Richard Winger Roxane Edwards marilyn mitchell Anna Strike varun ramardar Jacquelyn Earley Anji Badran Ryan DiGiovanni Miranda Harlan Daniel Clocksin Thomas Kenny Cinthia Saenz Cameron Jeff David Ruleman florence TREBOUTTE Boe Garcia. Conor Loney David Fitch Braxton Kohere Faith Jackson Mike Cannon Zoe Van Tonder Caden Hold Ted Larson i�—1 - icy Name Name Name Ann -Marie Franken Aayush Shah Izabella Wire Daniel Garcia Ana Ivanova Sheylin Tineo Mia Meilandt Rim Laaraichi Scooby Doo Adella Brown Pamela Holbert Jessica Moreno Ross Lewis antonella rey fagioli Marc Richard Franklin Matias Jennifer Pippin Andrea Forsythe Teyo Merino Ilapmca MaTMWHa Marguerite Rowe Emily Rodriguez Ni B Anabel Mastandrea Breckin Peterson elizabeth ehringer Kiara Recuay Adam Chacon Cate Hinton Trish Wesely liam johnson Kevin Jackson Maxine Gallagher Keith Walden Douglas Lovejoy Brock rawlins Judy Shaffer bernadette brown. Thotty McHottie Janaea Stephenson alissa barajas Max Williar Javier Vargas Inaya Haider Mariam Gasparjan Gabby Daum Kyle Pratt Emmett Imboden Chr baf Natasha Dillon Louise Brownwarren .Annette Barroso Ruben Rivera Chaeli Kurch Patrick Gwinn Marissa Cimato viviana ynclan Crystal Richardson Shama Sayani Jean Chagnon Eden walker Joseph Lopez Jeremy Baxter Alejandra Gonzalez Mason Wilcox Raj Bhullar Name Name Name Sean Farley Eduardo Cendejas Kiera Zema Debby Willette Phila Khumalo tara blase Kameron Dunn Sara Mulic Dilia Nolasco Emily Fedorko Karin Ohagen Quetta Anderson Hannah Bennett Tammy Muffley Christian Burton sam contreras Brittany Renninger Abby Bunting Sophie Shpall Ashley Whitt Mariyah B Jessie Bouton Ashley Jones Ryan C Simon Ish Joy Wilday Denise Rathbun Samhita Koruko Stephen Vaughan Filipe Henrique Waff Waff Clinton Vaughn Joseph Lewin Cynthia Saparito David Gerard Regina Brown miguel de souza andrade Jawhara Fares Ronald Lorenzen Sabrina Fleury Gabriella Mars rosemarie WILSON aubrey hutton G A Artem Muradyan Sofia Shakeoa Herbert Kett B. S Mary Le rosalba vasquez NAUHANA B. LUBASE Roriii fischer Mu Mu Zachary Faisst JudyJordan Emily Hamilton A S Lusine Grigoryan Stephanie Granados Vitor Capoia Rihanna Ramirez Michael Friday McKenna Shafer Emily Wootten Cayden N. John Smith Ir -6 Name Name Name Melissa Morelli Rebecca Schlund Landan Dayton Damaris Triana Max Yaychenya Hind Jassim Casey Banks Janice Paruolo Tationna Pack A'Lahnie McGrue Joanna Murmylo Baby Buns tara m Vanesa Alexandra Gonzalez Sierra Kyker Vilchez Ashley Dakers Angela Watlington Arielle Thompson Samantha Wotson Eleanor Brink Ryan McBride danielle chavez Ken Nowell Daniel Chukwu Ashley Rock Rita Gribben Rene Boisvert Duke soliz Shawn Wheeler Greggory Baehr Christopher Rubio Dawn Grogan Carol Therien Jonathan Luna ursula zahn Roopjoat Thandi Kayla Parada Michele Mackett Loretta DeBaggis Thai Tran Adeline Smith Back Blake Jeremy Selby Joan Cady MariaEliza Callaway jeanette santos Wendy Lee Razel Guadian Johnny McLain Jane Meeks Nanny Williams Kierra Harris Louise Klier Anne Andrews Kila Santos Ann Berglund Eduardo Angel Ramirez Ronald Mitchell Saavedra Denise Schmeer Robert Sanchez Alicia Bonilla Putang Inamo lynied rios Melanie Romero Beverly York (U ll � �. II • w to. 6. Randi Wardlow From: forms@ircgov.com Sent: Tuesday, November 17, 2020 9:22 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Safe Harbor For Life Ordinance The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Roger A Murray Email m8murray@msn.com Address 14 Tarpon Drive Phone 7725693914 Subject or Agenda Safe Harbor For Life Ordinance Item Public Comment I support this ordinance for the safety of the mother and the unborn child. I ask that you vote unanimously in favor of this ordinance. More Info: Form Submission Time 11/17/2020 09:21:58 EST(-0500 GMT) Visitors IP 69.254.17.94 Unique ID 88085d04bf61856e1ca0d080f5a12606 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 161\ 1 - 20 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing.to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL ORORGANIZATION: Steve Aden —Americans United for Life 1150 Connecticut Ave NW, PHONE: ADDRESS: Suite 500, Wash, EI.C2002-6 /a,6a (202) 741-4917 Constitutional authority to enact proposed pro-life legislation SUBJECT MATTER FOR DISCUSSION: YESz NO IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? E] WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Pro-life Resolution ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES z NO WHAT FUNDS OR ACTIVITIES ARE None -- 10 -minute presentation REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑_ Interactive Web Form ✓ E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR. MEETING DATE: Jason E. Brown 11/17/2020 198 10,,3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION .REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL ORORGANIZATION: Catherine "Katie" Glenn -Foster — Americans United for Life 1150 Connecticut Ave NW, PHONE: ADDRESS: (202) 741-4917 Constitutional authority to enact proposed pro-life legislation SUBJECT MATTER FORDISCUSSION: IS A DIGTTAL/ELECTRONIC PRESENTATION PLANNED? 1:1YES Yl NO WHAT RESOLUTION ARE YOU Pro-life Resolution REQUESTING OF THE COMMISSION? ❑ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑_ Interactive Web Form ✓ E -Mail Hand Delivered Phone None -- 10 -minute presentation COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 11/17/2020 199 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION ..REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL ORORGANIZATION: Bonnie Martinelli -- Care Net Pregnancy Center of IRC ADDRESS: 1503 24th St, Vero Beach, FL 32960 PHONE: (772) 569-7939 creating community awareness of the pressures of unplanned pregnancies SUBJECT MATTER FORDISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Fv] NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Pro-life Resolution ❑ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES 14/1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑_ Interactive Web Form ✓ E -Mail Hand Delivered Phone None -- 10 -minute presentation COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 11/17/2020 200 )0,C. (. pot -mo INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Bill Schutt, AICP; Chief, Long Range Planning FROM: Matt Kalap; Planner, Long Range Planning DATE: November 13, 2020 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County. Commissioners at its regular meeting of November 17, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 1, 2020 County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan. [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. C:\Users\tcournoyer\Desktop\Public Notice Item.doc INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 30, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommendation of Award of Bid 2021005 for Alternate Care Site Cots BACKGROUND: On September 22, 2020, the Board authorized a modification in scope of services for the Florida Department of Health's allocation in the CARES Act Spending Plan to purchase supplies for alternate care facilities that are necessary and required in adequately planning for the community's response to COVID-19. Through coordination with the Emergency Services Department, sealed bids were requested for transitional cots. BID RESULTS: Advertising Date: September 13, 2020 Bid Opening Date: October 6, 3030 Broadcast to: 75 Vendors Bid Documents Downloaded by: 3 Vendors Replies: 6 Vendors Firm Location Total Bid Price (350 cots/racks) ProPac, Inc. North Charleston, SC $86,625.00 Biscayne Hospitality Escondido, CA $87,493.00 Integrity Medical Solutions, Inc. Shelby, NC $147,323.00 SDVOSB Materials Technology and Supply, LLC Brooklyn, NY $169,414.08 Prism Health Services, LLC Jacksonville, FL $195,125.00 Pineland Group, LLC Beeleair Bluffs, FL $420,000.00 ANALYSIS: Specifications in the bid were based on the cots currently utilized for emergency evacuation shelters, and not intended to restrict competition or be brand specific. Bids were solicited for 350 cots and enough carts to store them. The Emergency Services Department has reviewed the bids 201 submitted and determined ProPac, Inc. ("ProPac") to be the lowest, responsive and responsible bidder. After the posting of notice of the recommendation of award, Integrity Medical Solutions, Inc. ("IMS"), the manufacturer of the cots currently utilized in emergency evacuation shelters, submitted a timely protest, arguing the ProPac bid did not meet the bid specifications. After review of the complaint and coordination with the Department and County Attorney, the protest was denied. Three of the six complaints against the ProPac bid were not supported and found to be inaccurate, two items argued had been determined to be acceptable substitutions or to meet or exceed standards, and one criteria was not considered as part of the responsiveness to the specifications. IMS has submitted an appeal of the denial of their protest, submitting additional documentation to support the claims in their original protest, as well as two additional complaints against the ProPac bid. The appeal is attached for your review and a representative of IMS plans to speak on the matter. After review of the bids submitted and the variances to the specifications, it appears only one bidder, IMS, can comply with the exact specifications as detailed in the bid. Staff believes IMS was inadvertently afforded an unfair advantage because the specifications were too closely based on the product currently on hand. The invitation to bid states, "item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution." Both the Purchasing Manual and Invitation to Bid state "the County reserves the right to cancel the bid, reject any and all bids or waive any irregularity or technicality in bids received. The County reserves the right to not make any award(s) under this bid." The Purchasing Manual defines a technicality or irregularity as "an item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request." Staff is satisfied with the cots and carts proposed by the low bidder, ProPac, and recommends the Board waive the irregularities regarding their bid's variance from the specifications (cots one inch narrower but one inch higher, carts eleven inches taller and decking nylon rather than vinyl). ProPac has confirmed delivery can still be made in full prior to December 30, 2020, as required under the CARES Act. Should the Board decide not to award to ProPac, staff recommends the Board reject all bids and rebid at a later time when funding again becomes available. Staff does not recommend award to 202 Biscayne Hospitality, because their time to deliver falls outside the deadline for receipt of CARES Act purchases and because they are a furniture manufacturer with no identified experience in building cots. Staff does not recommend award to IMS due to the large variance in their bid price from the low bid and because the specifications were too closely aligned with their product, and therefore too restrictive of open competition, which is required to receive funding under the CARES Act. Finally, their submitted bid offered a 60 day timeline to deliver, placing delivery after the December 30, 2020 deadline required for funding. The bid documents indicated up to 400 cots and related carts would be purchased, if within available budgeted amount. Cots $175 400 $70,000 Carts (each holds 10 cots) $725 40 $29,000 $99,000 SOURCE OF FUNDS: Expenses incurred for this purchase will be funded through the $400,000 allocation awarded to the Health Department under the CARES Act funding, account 13911069-088190. RECOMMENDATION: Staff recommends that the Board award bid 2021005 to ProPac, Inc. and authorize the Purchasing Division to issue a purchase order for 400 cots and 40 carts. Attachments IMS Letter of Protest IMS Amended Protest Response to IMS Protest IMS Appeal 203 Florida DOH Indian River Requesters Miranda C Hawker 1900 27th Street Vero Beach, FL 32960 . WEESTCOT NZWOM (E��VIT�E�R�PjR�S RE: 2021005 Bid for Alternate Care Site Cots –Protest Date: 10.13.2020 Dear Sir or Ma'am, I hope this reaches you well. I am writing this protest with great concern in regards to the county's recommendation to award ProPac the 2021005 Bid for Alternate Care Site Cots project. IMS has been aggrieved by the county's disregard for qualified products, the acceptance of products that are not going to assist with decontamination, and the acceptance of products that pose an extremely high-risk of cross contamination across shelter.clients who are displaced by natural disasters. Please reconsider the recommendation to award ProPac this project. Bidder does not meet the specifications of the request based on the following requirements: 1. Foam mattress with antimicrobial waterproof covering a. A foam mattress reduces bed sores and improves client comfort dramatically. ProPac offers a poly fill mattress that works as a sponge to soak up bodily fluids and many environmental contaminants. ProPac cots do not offer antimicrobial waterproof mattress covers which is critical in defending against Covid - 19 and other harmful bacteria. 2. Vinyl coated deck for easy decontamination a. ProPac uses a canvas decking material that is nearly impossible to decontaminate. A Vinyl coated deck is critical when dealing with Covid-19 Patients or the threat of cross contaminations. 3. Adjustable Head Rest a. ProPac does not offer a 5 Position Adjustable Head Rest 4. Dimensions: . a. .ProPac does not offer the minimum required dimensions of 80 x 32 x 18" 5. Addendum No. 1 posted September 25, 2020 a. Preference was given to American made products, ProPac is not a manufacturer of Cots, they import from China. 6. Addendum No. 1 posted September 25, 2020 a. IMS would like to request credit for Addendum No 1 which was posted after we submitted our proposal, as such we were not able to acknowledge the via our proposal. 7. An investment in Westcot products will yield the longest available life cycle of any similar product due to the qualified design and unmatched dependability. Westcot provides the best solution for decontamination, comfort, and functionality. Please reconsider the recommendation to award ProPac this project. And, please feel free to. contact me at your convenience in regards. Sincerest Regards, I ( ?,�111 V — J. S aun Taylor Vice President Business Development 704.692.5417 Shaun.Taylor@lntegrityModicalSolutions.com 1028 Railroad Ave, Shelby, NC 28152 855.505.9267 ims4beds.com 204 Florida DOH Indian River Requester: Miranda C Hawker 1900 27th Street Vero Beach, FL 32960 r WESTCOT" RE: 2021005 Bid for Alternate Care Site Cots —Protest Date: 10.14.2020 Dear Sir or Ma'am, I hope this reaches you well. I am writing this protest with great concern in regards to the county's recommendation to award ProPac the 2021005 Bid for Alternate Care Site Cots project. IMS has been aggrieved by the county's disregard for qualified products, the acceptance of products that are not going to assist with decontamination, and the acceptance of products that pose an extremely high-risk of cross contamination across shelter clients who are displaced by natural disasters. Please reconsider the recommendation to award ProPac this project. Bidder does not meet the specifications of the request based on the following requirements: 1. Foam mattress with antimicrobial waterproof covering a. A foam mattress reduces bed sores and improves client comfort dramatically. ProPac offers a poly fill mattress that works as a sponge to soak up bodily fluids and many environmental contaminants. ProPac cots do not offer antimicrobial waterproof mattress covers which is critical in defending against Covid — 19 and other harmful bacteria. 2. Vinyl coated deck for easy decontamination a. ProPac uses a canvas decking material that is nearly impossible to decontaminate. A Vinyl coated deck is critical when dealing with Covid-19 Patients or the threat of cross contaminations. 3. Adjustable Head Rest a. ProPac does not offer a 5 Position Adjustable Head Rest 4. Dimensions: a. ProPac does not offer the minimum required dimensions of 80 x 32 x 18" 5. Addendum No. 1 posted September 25, 2020 a. Preference was given to American made products, ProPac is not a manufacturer of Cots, they import from China. 6. Addendum No. 1 posted September 25, 2020 a. IMS would like to request credit for Addendum No 1 which was posted after we submitted our proposal, as such we were not able to acknowledge the via our proposal. 7. The Rolling Carts a. ProPac Carts hold 5 Cots, the county will require 70 carts to store the 350 cots. b. ProPac does not offer heavy duty casters c. ProPac does not have a Vinyl Dust Cover. IMS offers a Vinyl Dust Cover that is, antimicrobial, soil resistant, and puncture resistant. 8. An investment in Westcot products will yield the longest available life cycle of any similar product due to the qualified design and unmatched dependability. Westcot provides the best solution for decontamination, comfort, and functionality. Please reconsider the recommendation to award ProPac this project. And, please feel free to contact me at your convenience in regards. Sincere�gards, J. Shaun Taylor Vice President Business Development 704.692.5417 Shaun.Taylor@IntegrityMedicalSolutions.com 1028 Railroad Ave, Shelby, NC 28152 855.505.9267 ims4beds.com 205 BOARD OF COUNTY COMMISSIONERS r i • ORO' October 16, 2020 Mr. J. Shaun Taylor Integrity Medical Solutions Shaun.Taylor@lntegrityMedicalSolutions.com Reference: Response to Bid Protest Regarding Bid 2021005 — Alternate Care Site Cots Dear Mr. Taylor: We are in receipt of your October 13, 2020 protest, and October 14, 2020 amended protest of the recommendation of award of the subject bid to ProPac Inc. ("ProPac"). After review, your protest is denied. Backeround Bids for the subject project were opened on October 6, 2020. Six bids were received and determined initially responsive, with ProPac submitting the lowest bid and Tube Enterprises, Inc. dba Integrity Medical Solutions, Inc. ("IMS") submitting the third lowest bid. On October 13, 2020, the department made recommendation of award to ProPac. Your protest memo asserts the ProPac bid "does not meet the specifications of the request" and asks that the County "reconsider the recommendation to award ProPac this project." Basis for Decision The bid form states "In accordance with all terms, conditions, specifications and requirements, the Bidder offers the following:" above the line item pricing. By receiving a signed bid form with this statement, and no exceptions to the specifications of the bid noted on the signed and submitted Affidavit of Compliance form, the County expects the submitted bids to be in full compliance. Therefore, we do not find it necessary to demand proof of compliance with each specification with the bid, as it is implied with the signed and submitted bid. Your protest states ProPac's bid fails to comply with the specifications in the bid,.but:does not provide any documentation to support the statements. Three of your assertions are determined to be inaccurate: 1. You state "ProPac cots do not offer antimicrobial waterproof mattress covers." Only Prism and Pineland Group submitted evidence of compliance with the antimicrobial mattress covering with their bid, and ProPac has confirmed their mattress covering is antimicrobial. No evidence to the contrary was submitted with your protest. 2. Your protest complains "ProPac does not offer a 5 Position Adjustable Head Rest," however, the completed Cot Information table on the bid form submitted by ProPac states "5" as the number of head rest positions. 3. Your amended protest adds the complaint that the "ProPac Carts hold 5 cots... does not offer heavy duty casters ... does not have a Vinyl Dust Cover." ProPac has confirmed their proposed cart has heavy duty casters and comes with vinyl dust cover. Their submitted bid indicates a capacity of 10 cots. Office of Management and Budget • Purchasing Division 180027 th Street, Vero Beach, Florida 329609(772) 226-14169Fax: (772) 770-5140 2�6 E-mail: purchasine@iresov.com Response to IMS Protest Two complaints have been determined by the department to be considered approved substitutes or to "meet or exceed" the specifications: 1. Your protest argues the ProPac cots do not offer a vinyl coated decking for easy contamination. ProPac confirmed their decking is nylon, and the department has determined this to be an acceptable substitute material to. vinyl. Substitution is authorized under the "Variations to Specifications" paragraph in the Instructions to Bidders. 2. Your protest states "ProPac does not offer the minimum required dimensions of 80x32x18". The dimensions of their cot is stated at 80x31x19 in their bid, however, the department in their review determined the ProPac cot to "meet or exceed" the dimensions as necessary to fulfill the requirements at alternate care sites. Your protest argues that ProPac's cots are made in China, rather than in America, as was the preference noted in addendum 1. This criteria was not requested or required and was not considered in responsiveness review. Finally, your protest requests credit for IMS for Addendum 1, which was released prior to the deadline for questions, but afteryour bid had already been submitted. The addendum was released to answer questions, but did not modify the scope, and therefore was not required. The IMS bid was not impacted by failure to acknowledge the addendum. Conclusion Should IMS disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners. To do so, you must provide written notice of your appeal to me within seven (7) calendar days of receipt of this decision, per the protest procedure detailed in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of the subject procurement or an appeal regarding this decision. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at (772) 226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, �` Jennifer44yde Purchasing Manager Encl: IMS Protest Dated October 13, 2020 Updated IMS Protest Dated October 14, 2020 Cc: Amanda Hart, ProPac, Inc. (amandah@propacusa.com) Javed Bhaghani, Biscayne Hospitality (laved@biscaynehospitality.com) Prachi B. Rathi, Prism Health Services, LLC(prachi@prismhealthservices.net) Harrison James Kendall, SDVOSB Maerials Technology & Supply, LLC (Harrison.kendall@SDVOSBmaterials.com) Phillip B. Wyllie, Pineland Group, LLC(phillipwvllie@pinelanderoup.ors) 207 Florida DOH Indian River Requester:. Miranda C Hawker 1900 27th Street Vero Beach, FL 32960 WESTCOT" ENi UP R1110977111 RE: 2021005 Bid for Alternate Care Site Cots —Protest Date: 10.13.2020 Dear Sir or Ma'am, I hope this reaches you well. I am writing this protest with great concern in regards to the county's recommendation to award ProPac the 2021005 Bid for Alternate Care Site Cots project. IMS has been aggrieved by the county's disregard for qualified products, the acceptance of products that are not going to assist with decontamination, and the acceptance of products that pose an extremely high-risk of cross contamination across shelter.clients who are displaced by natural disasters. Please reconsiderthe recommendation to award ProPac this project. Bidder does not meet the specifications of the request based on the following requirements: 1. Foam mattress with antimicrobial waterproof covering a. A foam mattress reduces bed sores and improves client comfort dramatically. ProPac offers a poly fill mattress that works as a sponge to soak up bodily fluids and many environmental contaminants. ProPac cots do not offer antimicrobial waterproof mattress covers which is critical in.defending against Covid 19 and other harmful bacteria. 2. Vinyl coated deck for easy decontamination a. ProPac uses a canvas decking material that is nearly impossible to decontaminate. A Vinyl coated deck is critical when dealing with Covid-19 Patients or the threat of cross contaminations. 3. Adjustable Head Rest a. ProPac does not offer a 5 Position Adjustable Head Rest 4. Dimensions: a. ProPac does not offer the minimum required dimensions of 80 x 32 x 18" 5. Addendum No. 1 posted September 25, 2020 a. Preference was given to American made products, ProPac is not a manufacturer of Cots, they import from China. 6. Addendum No. 1 posted September 25, 2020 a. IMS would like to request 'credit for Addendum No I' which was posted after we submitted_ our proposal, as such we were not able to acknowledge the via our proposal. 7. An investment in Westcot products will yield the longest available life cycle of any similar product due to the qualified design and unmatched dependability. Westcot provides the best solution for decontamination, comfort, and functionality. Please reconsider the recommendation to award ProPac this project. And, please feel free to contact me at your convenience in regards. Sincerest Regards, (W— J. S aun Taylor Vice President Business Development 704.692.5417 Shaun.Taylor@IntegrityMedicalSolutions.com 1028 Railroad Ave, Shelby, NC 28152 855:505.9267 ims4beds.com 208 WESTCOT" Florida DOH Indian River Requester: Miranda C Hawker 1900 27th Street Vero Beach, FL 32960 RE: 2021005 Bid for Alternate Care Site Cots —Protest Date: 10.14.2020 Dear Sir or Ma'am, I hope this reaches you well. I am writing this protest with great concern in regards to the county's recommendation to award ProPac the 2021005 Bid for Alternate Care Site Cots project. IMS has been aggrieved by the county's disregard for qualified products, the acceptance of products that are not going to assist with decontamination, and the acceptance of products that pose an extremely high-risk of cross contamination across shelter clients who are displaced by natural disasters. Please reconsider the recommendation to award ProPac this project. Bidder does not meet the specifications of the request based on the following requirements: 1. Foam mattress with antimicrobial waterproof covering a. A foam mattress reduces bed sores and improves client comfort dramatically. ProPac offers a poly fill mattress that works as a sponge to soak up bodily fluids and many environmental contaminants. ProPac cots do not offer antimicrobial waterproof mattress covers which is critical in defending against Covid — 19 and other harmful bacteria. 2. Vinyl coated deck for easy decontamination a. ProPac uses a canvas decking material that is nearly impossible to decontaminate. A Vinyl coated deck is critical when dealing with Covid-19 Patients or the threat of cross contaminations. 3. Adjustable Head Rest a. ProPac does not offer a 5 Position Adjustable Head Rest 4. Dimensions: a. ProPac does not offer the minimum required dimensions of 80 x 32 x 18" 5. Addendum No. 1 posted September 25, 2020 a. Preference was given to American made products, ProPac is not a manufacturer of Cots, they import from China. 6. Addendum No. 1 posted September 25, 2020 a. IMS would like to request credit for Addendum No 1 which was posted after we submitted our proposal, as such we were not able to acknowledge the via our proposal. 7. The Rolling Carts a. ProPac Carts hold 5 Cots, the county will require 70 carts to store the 350 cots. b. ProPac does not offer heavy duty casters. c. ProPac does not have a Vinyl Dust Cover. IMS offers a Vinyl Dust Cover that is antimicrobial, soil resistant, and puncture resistant. 8. An investment in Westcot products will yield the longest available life cycle of any similar product due to the qualified design and unmatched dependability. Westcot provides the best solution for decontamination, comfort, and functionality. Please reconsider the recommendation to award ProPac this project. And, please feel free to contact me at your convenience in regards. Sincerest J. Shaun Taylor Vice President Business Development 704.692.5417 Shaun.Taylor@IntegrityMedicalSolutions.com 1028 Railroad Ave, Shelby, NC 28152 855.505.9267 ims4beds.com 209 www WN 1 i i Florida DOH Indian River 1800 27t' Street Vero Beach, FL 32960 WESTCOT RE: Appeal to IMS Protest Denial Bid 2021005 — Alternate Care Site Cots 10.20.2020 Dear Mrs. Hyde, Thank you for reviewing my protest, and the amended protest. My intentions with this appeal are to ensure the Indian River County Purchasing Division (IRCPD) and the Board County Commission (BCC) are not mislead, and that IMS is not distressed any further during this process. After performing additional research, IMS has identified the impossibility of ProPac or any other Bidder meeting the specifications of this Request. This conclusion is based on the conflicting information presented by the other Bidders as well as the unique product designs of IMS. IMS is appealing to BCC's denial decision with new evidence and IMS would appreciate attention to this matter. IMS Appeal: Per the first page / last sentence of the denial letter presented by the Board County Commissions, in regards to ProPacs Carts: "Their submitted bid indicates a capacity of 10 cots." Per the specification pages, the Request for Bid states: Dimensions: not to exceed 38.5 X42.5 X 73.25" i Must fit 8-10 cots per rack A picture ProPac's 10 Cot Cart side by side with IMS AT8 Cot Cart is displayed in Exhibit A. ProPac's 10 Cot Cartillustrated in the picture yields the dimensions of 79.5 x 44.5 x 38.25", which has been verified by Pasco County DOH (Timothy Excline: 727.619.0297) and is well below the standards of this request for bid, and therefore not compliant with the request, and it will not work for Indian River County's Operation when mobilizing these systems. IMS' AT8 Cot Cart matches the specifications exactly, with the yielded dimensions of 73.25 x 42.5 x 38.5" as per the request for bid. BCC states in their denial letter that the following points I brought forth were found inaccurate: The following will demonstrate the accuracy of my statements, based on factual evidence presented here as answers. Per BCC denial letter, "Only Prism and Pineland Group submitted evidence of compliance with the antimicrobialmattress covering with their bid, and ProPac has confirmed their mattress covering is antimicrobial. No evidence to the contrary was submitted with your protest. 210 Answer: Please find the attached properties (evidence) report (Exhibit B) which was provided by Sure-Chek, this material deems IMS' mattress antimicrobial, per the request of the bid. Notice under Biological Properties: Antimicrobial to protect the fabric: Test Method: ISO 22196, Average Test Results: Pass, Description: Resistant to organisms that degrade, stain, or impart odors." A Properties Report should be available from ProPac if they are in fact accurate in their claim of providing "antimicrobial" fabric. IMS is providing an exact match; If ProPac cannot provide the Biological Properties specification it is clear those statements are inaccurate and they should be challenged by the BCC to provide proof. Per BCC denial letter, "Your protest complains "ProPac does not offer a 5 Position Adjustable Head Rest," however, the completed Cot Information table on the bid form submitted by ProPac states "5" as the number of head rest positions. Answer: ProPac states 4 Position Head Elevator on their website (Exhibit Q. This false representation via a signed Affidavit renders ProPac's proposal fraudulent and not compliant with the request for bid. https://propacusa.coM/product/oversize-special-needs-cot-kit/ Per BCC denial letter, "Your amended protest adds the complaint that the "ProPac Carts hold 5 cots... does not offer heavy duty casters ... does not have a Vinyl Dust Cover." ProPac has confirmed their proposed cart has heavy duty casters and comes with vinyl dust cover." Answer: I am providing a side by side comparison (Exhibit D) of IMS and ProPacs claimed Heavy Duty Casters. Merriam -Webster Dictionary defines heavy-duty as: able or designed to withstand unusual strain. A 2" caster wheel cannot withstand much of anything. httos://www.merriam-webster.com/dictionarv/heavv-dutv Per the Technical Specification of the Request for Bid: Scope includes; "Indian River County is requesting bids to purchase new transitional cots for temporary emergency use meeting or exceeding the following minimum requirements." The Dimensions requested in the request for bid specify 80 x 32 x 18" which is an exact match to that of IMS/Westcot. It is prudent to believe these dimensions were pulled from the current inventory of Westcots that are being retired after more than ten years of service, and that these dimensions have been verified by Indian River County staff to be a necessity of care for displaced persons residing in Indian River County's Alternate Care Site. Exhibit E demonstrates the dimensions of ProPac's cot (78.5 x 27.5 x 17.5"), which has been verified by Pasco County DOH (Timothy Excline: 727.619.0297) and is well below the standards of this request for bid, and therefore not compliant with the request. Per BCC denial letter, "The bid form states "In accordance with all terms, conditions, specifications and requirements, the Bidder offers the following:" above the line item pricing. By receiving a signed bid form with this statement, and no exceptions to the specifications of the bid noted on the signed and submitted Affidavit of Compliance form, the County expects the submitted bids to be in full compliance. Therefore, we do not find it necessary to demand proof 211 of compliance with each specification with the bid, as it is implied with the signed and submitted bid." Answer: It is clear after investigating and presenting the facts within this appeal and those. presented by the BCC and IRCPD that the signing of the Affidavit by ProPac and Biscayne (ProPac Affiliate) was a fraudulent act. The illegality of these offers is confirmed by the Bid Tabulation (Exhibit F). Both ProPac and Biscayne are stated they offer no exceptions to the Technical Specifications of this request which are a direct match for Westcot's battle tested and confirmed products, yet they are obviously missing the mark tremendously. For my final point I would like to bring attention to Florida Statutes: Title VII Chapter 92 Subsection 3: (3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Link: httr)://www.le2.state.fl.us/statutes/index.cfm?Ann mode=Disnlav Statute&URL=0000- In conclusion, the illegally of the perpetration must yield a withdraw on the part of ProPac and Biscayne. I ask BBC to move forward with the withdraw of ProPac and Biscayne's illegal offers and thus find IMS the lowest price offer, and the only vendor matching the Technical Specifications of this request forbid with certainty. IMS is dedicated to quality products and service, we are shocked and insulted that these companies would claim to be Westcot caliber products. As a Small Business Owner, Husband, and Father, I will not yield to such malicious acts. Should this appeal be denied, IMS will follow up to ensure the awarded company delivers the specified products on time and that all specification where met as described. Thank you all for your time and please feel free to contact me should you have any questions or concerns. Exhibits A -F are attached for convenience. J. Shaun Taylor Vice President of Business Development Tube Enterprises, Inc. dba: Integrity Medical Solutions, Inc. Toll Free: 855.505.9267 Satellite: 704.692.5417 http://ims4beds.com 212 Exhibit A BIS MgSgj.AT3=38.5x42.5x73.25" ProPac 10 Cot Cart = 79.5 x 44.5 x 38.25 Exhibit B *K January 2078 Sure■Chek Linen® TYPICAL PROPERTIES REPORT PROPERTY TEST METHOD AVERAGE TEST RESULTS DESCRIPTION PHYSICAL PROPERTIES English Metric English Metric Weight oz per sq. yd. g/m2 ASI?N 133776 9-5o 4-10% 322 g+/- 10' o Lightweight. high strength Flame Resistance Amm Ii6413 NFPA 701 TM 1 Pus Inherent flame resistance to minimize fire hazards. Breaking Strength IbsJin. N725 mm ASTM D5034 W 125 F 100 W 556 F 445 Construction designed for ticking fabrics Tear Strength less. N ASTM D2261 W25 F30 Will F 133 rann�ming tear strength, punctures will not produce Hyrostadc Burst PSI kPa ASTM D751/A 200 1379 Constructed with non -penetrable surface. Liquid body waste and h t In icamens cannot penetrate. Adhesion (peel) IbsJ2 inches N/50 mm ASTM 751 (Fret Ped) 6 minimum 27 minimum Resistant to delamination from flexing action of hospital bed. BIOLOGICAL PROPERTIES Antimicrobial to protea die fabric ISO 22196 Pass Resistant to organisms that degmde. stain, or impart odors ELECTRICAL PROPERTIES Surface Resistivity, OHMS/SQ AATCC 76 <1 110" Permanent, not a surface treatment. FABRICATION: Capable al being fabricated by stitching, andlor cementing - can be patched, seamed and repaired. MAINTENANCE: Only necessary to wipe dovm with mild soap suds, rinse with warnrt vrater, when soiled. Disinfection, if required, fellow manufacturers'recemmeridedinstnxfi nsfordisirifectantused. The kdormatan contained in this report is believed b be retable. it is dtered In good Faith and intended for mew a general guWe. FkrgAim makes no guamnlee of results and assumes no obrgeton or liaalty whatme eer In connection with the possbte use of this nromhaSon. This mpoi, indudug any statements concerning the pwsihte use d ourproducb, Is not a rinse to operate under, or intended to suggest Infringement of any existing patents. Sun Chek Ub m is a mgigemd trademark d HeroiRe Products, Inc. Ernigsrtte, PA Exhibit C O 8 htcPs://ProPacusaram/Product/wersae-speda!-rteeas-cct-k-rJ Description 'EMERGENCY SHELTER EMERGENCY PUBLIC HEALTH ! CERT/ Mow us be{ore you neer! us? PREPAREDNESS � SUPPLIES v TRAILERS HOSPITAL / DPS � MRC Description i Oversize Model Kit: Reduce Workload - improve Logistics Here's an Efficient Storage Solution for Oversize Special Needs Cots. These ProPac heavy duty cots will support patients up to 450 lb. yet are surprisingb lightweight, thanks to high grade aluminum tubing. i Mobilize with ease:The ProPac oversize special needs cot kit features a rolling storage cart that is custom designed to fit efficiently in shelters or respor I trailers. ProPac has the only rack of it's kind, with a powder coated finish -harder than conventional paint -for added durability! i i Cot Features o V Heavy duty aluminum tubing with durable pounder coated finish o Capable of Trendelenburg (2 positions) o 4 -Position elevation for head and feet o Reinforced nyton fitting safety strap o Breathable, washable mesh matting o 2• Thick foam mattress with waterproof covering Exhibit. D IMS Heavy Duty Caster 7.5" ProPac Heavy Duty Caster 1.5" Exhibit E Exhibit F Bid No.: 2021005 Bid Tide: Alternate Care Site Cots M nness: Diane iLysftund MJ'nness: Jernntfer Hyde Bid Opening Date: October 06, 2020 Time. 2:00 pm tin Bidders Name Z Total Bid W ca W V) Prism Health Services, LLC N Y Y IN Y Y Y $195,'12.5.00 lDropac, Inc. Y Y Y Y Y Y Y $86,625.00 Integrity Medical Solutions, Inc- N Y Y N Y Y Y $147,323.00 Biscayne Hospitality Y Y Y IN Y Y Y $87,493.00 5®VOSB Materials Technology and N Y Y Y Y Y Y $169,414.08 Supply,, LLCPineland Group, LLC Y Y Y Y Y Y Y $420,000.00 COMMENTS: /1Q,9/. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Designation of Trane. U.S. Inc., as Sole Source Provider for Installation of Bi - Polar Ionization System DATE: November 2, 2020 DESCRIPTION AND CONDITIONS Indian River County Public Works Facilities has been utilizing Trane U.S. Inc., to repair, replace, and refurbish Trane air conditioning systems in Buildings A and B, the Health Department, the Courthouse, Emergency Operations Center, and the IG Recreation Center. The Trane systems are controlled by Trane proprietary control systems which allows the Public Works Facilities Division to monitor and adjust the systems as needed. The Trane control systems also notifies County staff when a system is not operating in accordance with normal set protocols. County staff has found that Bi -polar Ionization has demonstrated a 99.4% reduction rate on a SARS-CoV-2 (COVID-19) surface strain within.30 minutes of the first instance in which the bi-polar ionization air purification system is introduced into the air system. The test results were released by Global Plasma Solutions on June 10, 2020. Bi -polar Ionization devices use electricity to create plasma fields which charge particles both positively and negatively (ions). These ions then react with the substances in the air in order to become stable again. As they react, they change the overall charge of the molecule they react with which creates a cleaning effect. This helps clean the air by combatting viruses, bacteria, dust, smoke and mold. Additionally, these devices can be used to allow energy savings by reducing the outside air ventilation needed. The installation of the devices requires integration intotheTrane control system and programing for the system to monitor and function with the Trane air conditions systems. FUNDING Funding for the proposed Bi -polar Ionization systems will be made available through Cares Act funding, account number 13922019-035290 in the amount of $174,499. RECOMMENDATION Staff recommends the Board of County Commissioners declare Trane U.S. Inc., as the County's sole source provider for the installation of Bi -polar Ionization systems buildings that are currently part of the Trane control system utilized by the County. Staff also recommends that the Board of County Commissioners authorize Purchasing to issue a Purchase Orders in the amount totaling $174,499 forthe installation of Bi -polar Ionization systems in Buildings A & B ($49,241), for the Emergency Operations Center ($15,676), the IG Facility ($16,812), and the County Courthouse ($92,770). 216 ATTACHMENT Trane Proposal for the Courthouse Trane Proposal for Buildings A & B Trane Proposal for the EOC Trane Proposal for the IG Recreation Facility Statement Regarding Lobbying APPROVED AGENDA ITEM FCjR November 17, 2020 217 Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 Trane South Florida D Q � 6965 Vista Parkway N #11 West Palm Beach, FL 33411 Phone: (561)683-1521, Fax: (954)499-2218 Bi -polar Ionization Installation Proposal Prepared for: Indian River County Courthouse Attn: Richard Szpyrka November 11, 2020 218 ��Ingersoll Rand Indian River County Courthouse — (18) AHUs & (8) FCUs Bi Polar Ionization Installation Proposal ID: 2931643 Re: Bi -polar Ionization Installation Trane is pleased to offer this proposal to provide and install Bi -Polar Ionization Devices in (19) Air Handling Units (AHUs) and (8) Fan Col Units (FCUs) located at the above referenced site. The devices will be installed in the supply ductwork on each AHU and FCU. This proposal reflects a "Turnkey Project" and includes the necessary: Equipment, Materials, Installation Labor, Subcontracts, Project Management and Supervision. Our pricing and proposal is further defined by the following installation, scope of work. These devices are proven to help clean the air by combatting viruses, bacteria, VOCs, dust, smoke, and mold. Additionally, these devices are ASHRAE 62.1 approved which will allow for future energy savings by reduction of outside air ventilation. What is Bi -polar Ionization? Bi -polar ionization devices use electricity to create plasma fields which charges particles both positively and negatively (ions). These ions then react with the substances in the air in order to become stable again. As they react, they change the overall charge of the molecule they react with which creates a cleaning effect — the same way Earth's atmosphere cleans itself. Oct C v Airborne particles are charged by the ions causing them to cluster and be caught in filters Dust/ Smoke Testing & Results Human Coronavirus Noro Virus- S`CAPHIMRSA- E� Coli- TB- C. diff- Legionella - As they divide to reproduce, bacteria and virus cells bond with oxygen ions and are destroyed Virus/ Bacteria Odorous gases and aerosols oxidize on contact with oxygen ions and are neutralized Odors 'Reduced by 90.00% keducedby 96.24°Io Reduced by 99.68% Reduced by 69.01% Reduced by Q6.87% Reduced by 99.7'1 % Tast ftnods Reduced by 93.50% 15-60 min Oxygen ions cause a chemical reaction with VOCs breaking down their molecular structure For more information please visit http:Htol)oroductinnovations.com/what-is-covid-19.html VOCs 219 ��Ingersoll Rand Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 ASHRAE 62.1 ASHRAE is the governing body for the HVAC industry and standard 62.1 is used to set ventilation rates. The standards determine how much outside air is brought into a facility based upon building square footage, usage, and number of occupants - among other factors. If an ASHRAE approved device is implemented, the percentage of outside air can be significantly reduced which can significantly reduce your energy consumption. All devices included in this proposal are ASHRAE 62.1 approved. Please note: it is not recommended to reduce your ventilation rates during times of indoor air quality concern. When the facility's concerns are alleviated the ventilation rates can be easily adjusted to the lower levels and energy savings achieved. The future adjustments to the ventilation system are not included in this proposal. Equipment: Equipment Qty Manufacturer Model Number Serial Number Asset Tag Air Handler 1 Trane MCCA008BBD K93E35678 AHU 1-2 Air Handler 1 Trane MCCA014BBD K93E34787 AHU 1-3 Air Handler 1 Trane MCCA006GAE K93E35593 AHU 2-1 Air Handler 1 Trane MCCA006GA K93E35658 AHU 2-2 Air Handler 1 Trane MCCA006GAE K93E35652 AHU 2-4 Air Handler 1 Trane MCCA010GAE K93E35580 AHU 2-5 Air Handler 1 Trane MCCA006GAE K93E35584 AHU 2-6 Air Handler 1 Trane MCCA006GAE K93E35627 AHU 2-7 Air Handler 1 Trane MCCA006MAD K93E35664 AHU 3-1 Air Handler 1 Trane MCCAOOGAE K93E35635 AHU 3-2 Air Handler 1 Trane MCCA006GA K93E35618 AHU 3-4 Air Handler 1 Trane MCCA010GAE K93E35319 AHU 3-5 Air Handler 1 Trane MCCA030GAE K93E34794 AHU N-1 Air Handler 1 Trane MCCA021GAE K93E34785 AHU N-2 Air Handler 1 Trane MCCA021 GAE K93E34797 AHU N-3 Air Handler 1 Trane MCCA017GAE K93E34791 AHU N-4 Air Handler 1 Trane MCCA017GAE K93E34800 AHU N-5 Air Handler 1 Trane MCCA017GAE K93E34782 AHU N-6 Mechanical Installation Scope 1. During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment/AHUs to be worked on. 2. Provide and install Phenomenal Aire Series C Cold Plasma Generators on (18) AHUs and (8) FCUs - supply ductwork 3. Provide and install all necessary electrical components and materials (ie; transformers, electrical whips and wire) 4. Start up and verify operation of Bi -Polar Ionization Devices by Trane Factory Certified Technician, upon completion of the installation. S. One-year warranty on new equipment parts and labor. 220 �I7/ Ingersoll Rand Indian River County Courthouse — (18) AHUs & (8) FCUs Bi Polar Ionization Installation Proposal ID: 2931643 Not Included: ➢ Overtime or premium time labor. (Project is priced to be performed primarily during normal weekday business hours)) ➢ Permit fees. Cost from municipality to be passed through to owner. ➢ Engineered drawings of any kind. (Should not be required) ➢ Building automation, chiller plant controls, components, relays,. programming, integration, piping, wiring or associated labor of any kind other than described above. ➢ Any fire alarm related controls, piping, wiring, components, permits, inspections, fees or fire protection of any kind. ➢ Any additional upgrades to the existing electrical service. (Other than those described above in installation scope) ➢ Any changes or additions to the scope of work as described above, including any building code upgrades required by the Building Department and not included in the above scope of work. 221 Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 Pricing: Total Price for Bi -polar Ionization Installation ....................$92,770 Labor Hour $150 x 180 hours $27,000 Application Engineering $5,900 Project Management $155 x 52 hours $8,060 Cost of materials $27,648 Warranty $4,212 Profit $12,840 Overhead $7,110 Add $6,135 for work to be performed afterhours COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date 222 Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 TERM AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount ducat the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty famished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 10. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre -Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects musta rted to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defer{art at Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company - provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY HIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY HIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services famished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous and Ings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extenpany Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) ora First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the famishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (1114) Supersedes 1-10.48 (0614) ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 225 Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standact, Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the" OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor 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 contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 227 Indian River County Courthouse – (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor, agrees to provide the FEMA Administrator or. his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements). applies to its actions pertaining to the contract. M.AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller. tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules; where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 228 Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit anyfurther right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not229the Indian River County Courthouse — (18) AHUs & (8) FCUs Bi -Polar Ionization Installation Proposal ID: 2931643 Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida. Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 230 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 ® Trane South Florida an6965 Vista Parkway N #11 g) West Palm Beach, FL 33411 IM!:7 Phone: (561)683-1521, Fax: (954)499-2218 Bi -polar Ionization Installation Proposal Prepared for: Indian River Administration County Complex Admin — A — (10 AHUs) Admin — B — (4 AHUs) Attn: Richard Szpyrka November 11, 2020 Ingersoll Rand Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 Re: Bi -polar Ionization Installation Trane is pleased to offer this proposal to provide and install Bi -Polar Ionization Devices in (14) Air Handling Units (AHUs) located at the above.referenced sites. The devices will be installed in the supply ductwork on each AHU. This proposal reflects a "Turnkey Project" and includes the necessary: Equipment, Materials, Installation Labor, Subcontracts, Project Management and Supervision. Our pricing and proposal is further defined by the following installation, scope of work. These devices are proven to help clean the air by combatting viruses, bacteria, VOCs, dust, smoke, and mold. Additionally, these devices are ASHRAE 62.1 approved which will allow for future energy savings by reduction of outside air ventilation. What is Bi -polar Ionization? Bi -polar ionization devices use electricity to create plasma fields which charges particles both positively and negatively (ions). These ions then react with the substances in the air in order to become stable again. As they react, they change the overall charge of the molecule they react with which creates a cleaning effect — the same way Earth's atmosphere cleans itself. Airborne particles are charged by the ions causing them to duster and be caught in filters Dust/ Smoke Testing & Results ,Huhian Coronavirus Noro 1%irus- .'NTAP'HIMR-A- E Coli- TB - C. diff- Legiondila- As they divide to reproduce, bacteria and virus cells bond with oxygen ions and .are destroyed Virus/ Bacteria Odorous gases and aerosols oxidize on contact with oxygen ions and are neutralized Odors iReduced by 90.00% - Reduced by 96.24% _. Reduced by 99.68,6 Reduced by 69.0,'% 1 (Reduced by Q61,8T/a Reduced by 99.71% Tali Pefiods Reduced by 93.5010 415-60 min 410 Oxygen ions cause a chemical reaction with VOCs breaking down their molecular structure For more information please visit http://topproductinnovations.com/what-is-covid-19.html VOCs 232 CDOIngersollRand Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal 111 2931655 ASHRAE 62.1 ASHRAE is the governing body for the HVAC industry and standard 62.1 is used to set ventilation rates. The standards determine how much outside air is brought into a facility based upon building square footage, usage, and number of occupants - among other factors. If an ASHRAE approved device is implemented, the percentage of outside air can be significantly reduced which can significantly reduce your energy consumption. All devices included in this proposal are ASHRAE 62.1 approved. Please note: it is not recommended to reduce your ventilation rates during times of indoor air quality concern. When the facility's concerns are alleviated the ventilation rates can be easily adjusted to the lower levels and energy savings achieved. The future adjustments to the ventilation system are not included in this proposal. Equipment: Admin A & B Equipment Qty Manufacturer Asset Tag Air Handler Unit 1 Trane AHU 1-1-1 Air Handler Unit 1 Trane AHU 1-1-2 Air Handler Unit 1 Trane AHU 1-1-3 Air Handler Unit 1 ITrane AHU 1-1-4 Air Handler Unit 1 Trane AHU 1-1-5 Air Handler Unit 1 Trane AHU 1-1-6 Air Handler Unit 1 Trane AHU 1-2-1 Air Handler Unit 1 Trane AHU 1-2-2 Air Handler Unit 1 Trane AHU 1-2-3 Air Handler Unit 1 Trane AHU 1-2-4 Air Handler Unit 1 Trane AHU 2-1-1 Air Handler Unit 1 Trane AHU 2-1-2 Air Handler Unit 1 Trane AHU 2-2-1 Air Handler Unit 1 Trane AHU Mechanical Installation Scope 1. During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment/AHUs to be worked on. 2. Provide and install Phenomenal Aire Series C Cold Plasma Generators on (14) AHUs supply ductwork 3. Provide and install all necessary electrical components and materials (ie; transformers, electrical whips and wire) 4. Start up and verify operation of Bi -Polar Ionization Devices by Trane Factory Certified Technician, upon completion of the installation. S. One-year warranty on new equipment parts and labor. AVIngersoll 233 Rand Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 Not Included: Overtime or premium time labor. (Project is priced to be performed primarily during normal weekday business hours) ➢ Permit fees. Cost from municipality to be passed through to owner. ➢ Engineered drawings of any kind. (Should not be required) ➢ Building automation, chiller plant controls, components, relays, programming, integration, piping, wiring or associated labor :of any kind other than described above. ➢ Any fire alarm related controls, piping, wiring, components, permits, inspections, fees or fire. protection of any kind. ➢ Any additional upgrades to the existing electrical service. (Other than those described above in installation scope) ➢ Provisions for temporary cooling of any kind. ➢ Any changes or additions to the scope of work as described above, including any building code upgrades required by the Building Department and not included in the above scope of work. 234 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 Pricing: Total Price for Bi -polar Ionization Installation ....................$49,241 Administration Building A...$33,716 Labor Hour $150 x 62 hours $9,300 Application Engineering $1,900 Project Management $155 x 16 hours $2,480 Cost of materials $10,820 Warranty $1,540 Profit $5,512 Overhead $2,164 Administration Building B...$15,525 Labor Hour $150 x 24 hours $3,600 Application Engineering $1,000 Project Management $155 x 8 hours $1,040 Cost of materials $5,230 Warranty $880 Profit $2,645 Overhead $1,130 Optional Add $3,270 for work to be performed on overtime/after hours I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. Sincerely, Account Manager This proposal is valid for 30 days from the date of proposal. COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. 235 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane's License Number: CAC#0023485 TERM AND CONDITIONS —,QUOTED SERVICE "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. 'These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date ofcancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company minder this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) S. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company.�;I�any may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for Ahpairs Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 10. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre -Existing Condition ofbuilding envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company - provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not wan -anted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY HIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY HIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and213l7upon request from Customer, provide a Certificate of evidencing the following coverage: Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. General. Except as provided below, to the maximum extent provided bylaw, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (1114) Supersedes 1-10.48 (0614) 238 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this. contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less 239 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract forthe District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty. hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000. financed in whole or in part with Federal assistance provided by FEMA. Debarment and Suspension (1) This contract is a covered transaction for purposes.of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subp240, in Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor 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 contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a. member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government isnot a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 241 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. M.AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Usingthe services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 242 Indian River Administration County Complex — (14) AHUs Bi -Polar Ionization Installation Proposal ID: 2931655 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt, of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work . and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 243 Indian River County Emergency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 ® Trane South Florida ❑ 6965 Vista Parkway N #11 West Palm Beach, FL 33411 Phone: (561)683-1521, Fax: (954)499-2218 Bi -polar Ionization Installation Proposal Prepared for: Indian River County Emergency Operations Center 4 AHUs Attn: Richard Szpyrka November 11, 2020 244 ��Ingersoll Rand Indian River County Emereeney Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 Re: Bi -volar Ionization Installation Trane is pleased to offer this proposal to provide and install Bi -Polar Ionization Devices in (4) Air Handling Units (AHUs) located at the above referenced sites. The devices will be installed in the supply ductwork on each AHU. This proposal reflects a "Turnkey Project" and includes the necessary: Equipment, Materials, Installation Labor, Subcontracts, Project Management and Supervision. Our pricing and proposal is further defined by the following installation, scope of work. These devices are proven to help clean the air by combatting viruses, bacteria, VOCs, dust, smoke, and mold. Additionally, these devices are ASHRAE 62.1 approved which will allow for future energy savings by reduction of outside air ventilation. What is Bi -polar Ionization? Bi -polar ionization devices use electricity to create plasma fields which charges particles both positively and negatively (ions). These ions then react with the substances in the air in order to become stable again. As they react, they change the overall charge of the molecule they react with which creates a cleaning effect — the same way Earth's atmosphere cleans itself. Airborne particles are charged by the dons causing them to cluster and ibe caught in filters Oust/ Smoke Testing & Results r� !Huriran Coronavirus Noro Vi us- STAPHIMRSA- E: Coli- TB - C. diff- Legiondlla- As they divide to reproduce, bacteria and virus cells bond with oxygen ions and are destroyed Virus/ Bacteria Odorous gases and aerosols oxidize on contact with oxygen ions and are neutralized Odors Reduced by 90,00% - Reduced by 96 .24% - -- Reduced by 99:680/4 Reduced by 619.011140 Reduced 'by Q6.87% Reduced 'by 9911 % , pQ Reduced by 93.'50% as -60 min Oxygen ions cause a chemical reaction with VOCs breaking down their .molecular structure For more information please visit http://topproductinnovations.com/what-is-covid-19.html VOCs 245 ®R �� Ingersoll Rand Indian River County Emereency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal 111 2931661 ASHRAE 62.1 ASHRAE is the governing body for the HVAC industry and standard 62.1 is used to set ventilation rates. The standards determine how much outside air is brought into a facility based upon building square footage, usage, and number of occupants - among other factors. If an ASHRAE approved device is implemented, the percentage of outside air can be significantly reduced which can significantly reduce your energy consumption. All devices included in this proposal are ASHRAE 62.1 approved. Please note: it is not recommended to reduce your ventilation rates during times of indoor air quality concern. When the facility's concerns are alleviated the ventilation rates can be easily adjusted to the lower levels and energy savings achieved. The future adjustments to the ventilation system are not included in this proposal. Equipment: Equipment Qty Manufacturer Asset Tag Air Handler Unit 1 Trane AHU 1 Air Handier Unit 1 Trane AHU 2 Air Handler Unit 1 Trane AHU 3 Air Handler Unit 11 Trane AHU 4 Mechanical Installation Scope 1. During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment/AHUs to be worked on. 2. Provide and install Phenomenal Aire Series C Cold Plasma Generators on (4) AHUs supply ductwork 3. Provide and install all necessary electrical components and materials (ie; transformers, electrical whips and wire) 4. Start up and verify operation of Bi -Polar Ionization Devices by Trane Factory Certified Technician, upon completion of the installation. S. Trane will connect the new device into the control system for status. Includes all of the set up and programming to bring the device into the Trane controls system. 6. Verify status in Trane Controls System 7. One-year warranty on new equipment parts and labor. Not Included. ➢ Overtime or premium time labor. (Project is priced to be performed primarily during normal weekday business hours) ➢ Permit fees. Cost from municipality to be passed through to owner. ➢ Engineered drawings of any kind. (Should not be required) ➢ Building automation, chiller plant controls, components, relays, programming, integration, piping, wiring or associated labor of any kind other than described above. ➢ Any fire alarm related controls, piping, wiring, components, permits, inspections, fees or fire protection of any kind. ➢ Any additional upgrades to the existing electrical service. (Other than those described above in installation scope) ➢ Provisions for temporary cooling of any kind. ➢ Any changes or additions to the scope of work as described above, including any building code upgrades required by the Building Department and not included in the above scope of work. 246 �/7/Ingersoll Rand Indian River County Ememency Operations Center — (4) AHUs Bi Polar Ionization Installation Proposal ID: 2931661 . Pricing: Total Price for Bi -polar Ionization Installation ....................$15,676 Labor Hour $150 x 40 hours $6,000 Application Engineering $950 Project Management $155 x 8 hours $1,240 Cost of materials $3,840 Warranty $710 Profit $1,870 Overhead $1,066 Add $1,482 for work to be performed afterhours COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This agreement is sub1ect to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane's License Number: CAC#0023485 Indian River County Emergency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 TERM AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty famished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repass made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 10. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre -Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is wan -anted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects mustr orted to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defeljic at Indian River County Emergency Operations Center — (4) AHUs Bi Polar Ionization Installation Proposal ID: 2931661 its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company - provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY HIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY HIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous ande**gings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company Indian River County Ememency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any role of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer wan -ants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (1114) Supersedes 1-10.48 (0614) 250 Indian River County Emereency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less 251 Indian River County Emergency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States,(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subp251, in Indian River County Emerpency Operations Center – (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor 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 contractor further agrees to, include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cps-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government:. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 253 Indian River County Emersency Operations Center — (4) AHUs Bi Polar Ionization Installation Proposal ID: 2931661 L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. M.AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to . permit maximum participation by small and minority businesses,.and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the.CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 254 Indian River County Emer¢ency Operations Center — (4) AHUs Bi -Polar Ionization Installation Proposal ID: 2931661 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERM INIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 255 Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 ® Trane South Florida o (I 6965 Vista Parkway N #11 West Palm Beach, FL 33411 Phone: (561)683-1521, Fax: (954)499-2218 Bi -polar Ionization Installation Proposal Prepared for: Indian River County Recreation Center 3 AHUs & 2 - FCUs Attn: Richard Szpyrka November 11, 2020 ti= . .. NMI f -4 I fill p t Re: Bi -polar Ionization Installation Trane is pleased to offer this proposal to provide and install Bi -Polar Ionization Devices in (4) Air Handling Units (AHUs) located at the above referenced sites. The devices will be installed in the supply ductwork on each AHU. This proposal reflects a "Turnkey Project" and includes the necessary: Equipment, Materials, Installation Labor, Subcontracts, Project Management and Supervision. Our pricing and proposal is further defined by the following installation, scope of work. These devices are proven to help clean the air by combatting viruses, bacteria, VOCs, dust, smoke, and mold. Additionally, these devices are ASHRAE 62.1 approved which will allow for future energy savings by reduction of outside air ventilation. 256 0 Ingersoll Rand Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi Polar Ionization Installation Proposal ID: 2954212 What is Bi -polar Ionization? Bi -polar ionization devices use electricity to create plasma fields which charges particles both positively and negatively (ions). These ions then react with the substances in the air in order to become stable again. As they react, they change the overall charge of the molecule they react with which creates a cleaning effect — the same way Earth's atmosphere cleans itself. Airborne particles are charged by the ions causing them to cluster and be caught in filters Dust/ Smoke Testing & Results LHuman Coronavirus -Koro Virus- _SNAroIMRSA- . Coli- . TB- C. diff- Legion6lia- As they divide to reproduce, bacteria and virus cells bond with oxygen ions and are destroyed Virus/ Bacteria Odorous gases and aerosols oxidize on contact with oxygen ions and are neutralized Odors ,Reduced by RO.00% Reduced by 88.24a/o Lj Reduced by 99.68% Reduced by 69.6:1% Reduced by 46,870/o Reduced by 99.71;% Test p rioft Reduced by 93.50%o 's-60 min Oxygen ions cause a chemical reaction with VOCs breaking down their molecular structure For more information please visit http://topi)roductinnovations.com/what-is-covid-19.html ASHRAE 62.1 VOCs ASHRAE is the governing body for the HVAC industry and standard 62.1 is used to set ventilation rates. The standards determine how much outside air is brought into a facility based upon building square footage, usage, and number of occupants - among other factors. If an ASHRAE approved device is implemented, the percentage 6f outside air can be significantly reduced which can significantly reduce your energy consumption. All devices included in this proposal are ASHRAE 62.1 approved. 57 �0 Ingersoll Rand Indian River County - Recreation Center— (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal 111 2954212 Please note: it is not recommended to reduce your ventilation rates during times of indoor air quality concern. When the facility's concerns are alleviated the ventilation rates can be easily adjusted to the lower levels and energy savings achieved. The future adjustments to the ventilation system are not included in this proposal. Equipment: Equipment Qty Manufacturer Asset Tag Air Handler Unit 1 Trane AHU-1 Air Handler Unit 1 Trane AHU-2 Air Handler Unit 1 Trane AHU-3 Fan Coil Unit 1 Trane FCU -1 Fan Coil Unit 1 Trane FCU -2 Mechanical Installation Scope 1. During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment/AHUs to be worked on. 2. Provide and install Phenomenal Aire Series C Cold Plasma Generators on (3) AHUs and (2) FCUs supply ductwork 3. Provide and install all necessary electrical components and materials (ie; transformers, electrical whips and wire) 4. Start up and verify operation of Bi -Polar Ionization Devices by Trane Factory Certified Technician, upon completion of the installation. 5. One-year warranty on new equipment parts and labor. Not Included. ➢ Overtime or premium time labor. (Project is priced to be performed primarily during normal weekday business hours) ➢ Permit fees. Cost from municipality to be passed through to owner. ➢ Engineered drawings of any kind. (Should not be required) ➢ Building automation, chiller plant controls, components, relays, programming, integration, piping, wiring or associated labor of any kind other than described above. . ➢ Any fire alarm related controls, piping, wiring, components, permits, inspections, fees or fire protection of any kind. ➢ Any additional upgrades to the existing electrical service. (Other than those described above in installation scope) ➢ Provisions for temporary cooling of any kind. ➢ Any changes or additions to the scope of work as described above, including any building code upgrades required by the Building Department and not included in the above scope of work. 258 ��Ingersoll Rand Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 Pricing: Total Price for Bi -polar Ionization Installation ....................$16,812 Labor Hour $150 x 34 hours $5,100 Application Engineering $950 Project Management $155 x 10hours $1,550 Cost of materials $5,070 Warranty $822 Profit $2,190 Overhead $1,130 Add $1,700 for work to be performed afterhours This proposal is valid for 30 days from the date of proposal. COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that theyere entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date 259 Indian_ River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 TERM AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 10. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre -Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must §� rted to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defecli at Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company - provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY HIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY HIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to cagy out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous and ings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a Fust Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself ofany ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer wan -ants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (1114) Supersedes 1-10.48 (0614) ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 262 Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked.in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract forthe District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety StandaM�ct, Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate. Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor 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 contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 264 Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is. available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to. provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, :excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the EEMA Administrator or the Comptroller General of the United States. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False. Claims and Statements) applies to its actions pertaining to the contract. M.AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules; where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 265 Indian River County - Recreation Center— (3) AHUs & (2) FCUs Bi Polar Ionization Installation Proposal ID: 2954212. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) . if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit anyfurther right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment,. facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not2"the Indian River County - Recreation Center — (3) AHUs & (2) FCUs Bi -Polar Ionization Installation Proposal ID: 2954212 Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 267 CERTIFICATION.REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (This form MUST be submitted with each bid or offer exceeding $100,000) The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. la�- The Contractor, � « � ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agree hat the provisions of 31 U.S.C.. § 3801 et seq., apply to this certification and disclosure, if any. t S' ature of Contractor's Authorized Off ial Name and Title of Contractor's A orized Official tl�/1-112--d Date 268 134 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 9, 2020 SUBJECT: Indian River County Committees — Member Reappointments BACKGROUND. On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which appointed the County Attorney's Office to monitor member terms of certain committees. Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's Office shall contact all board appointed committee members whose terms will expire in the following January, and determine whether those members want to be considered for reappointment, and (2) at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board a list of all committee members requesting reappointment — at which time the Board will reappoint members from the list as it deems appropriate. Thereafter, on approximately December 1st of each year, a list of committee vacancies will be created and posted on the County website, and the Board will make appointments to fill the vacancies no later than the following January 15tH The County Attorney's Office has contacted committee members whose term will expire in January 2021. Attached to this memorandum is a list of those members who have requested reappointment. The Board should now review the list and make such reappointments as it deems appropriate. It should be noted that in addition to those committee members not seeking reappointment, there are many existing vacancies. A list of the anticipated vacancies is attached for informational purposes. 269 Board of County Commissioners November 9, 2020 Page Two RECOMMENDATION. The County Attorney recommends that the Board consider the list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. ATTACHMENT(S). . 1. List of Committee Members Requesting Reappointment 2. List of Anticipated Committee Vacancies (Informational Purposes Only) 3. List of Individuals Who Chose Not To Renew (Informational Purposes Only) DTR:cm 270 COMMITTEE MEMBER TERM RENEWAL FOR 2021 Committee Members who terms were due to expire in January 2021, and wish to have their term renewed. 1. AFFORDABLE HOUSING ADVISORY COMMITTEE 2 Year Terms — No Residency Requirement o Kenneth "Chip" Landers - Actively serving on Local Planning Agency o David Myers, II - For-profit provider of Affordable Housing o Julianne Price - Advocate for Low Income Persons o Sheryl Vittitoe - Not-for-profit provider 2. AGRICULTURAL ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o David F. Howard - Horticulture Industry o Anna Kirkland - Associated Industry o Shawn Sexton - Cattle Industry 3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o David Barney - BCC Appointee o William Ferrell - BCC Appointee o Mark Tripson - BCC Appointee 4. CODE ENFORCEMENT BOARD 3 Year Terms — County Residency Requirement o Joseph Petrulak - Subcontractor o Karl L. Zimmerman - Realtor 5. ECONOMIC DEVELOPMENT COUNCIL 4 Year Terms — County Residency Requirement, except for Workforce Solution and Indian River State College o Brian Bauer -Workforce Development Board of the Treasure Coast Representative o Todd Howder - Member at Large o Joe Idlette, III - Gifford Community Representative o William J. Penney - Local Banking Industry Representative o Peter Robinson - Local Developers Representative o Karl L. Zimmerman - Member at Large 271 6. Environmental Control Hearing Board 4 Year (Staggered) Terms — County Residency Requirement and Registered Voter o Kevin Rollin - Attorney (FL Bar Licensed) and Recommended by IRC Bar Association o Patrick Walther — Engineer 7. Planning & Zoning Commission 4 Year Terms — County Residency Requirement o Todd Brognano - Member -at -Large 8. TOURIST DEVELOPMENT COUNCIL 4 Year Terms — No Residency Requirement o Will Collins - Owner/operator of Motel, Hotel, RV Park o Steve Hayes - Involved in the Tourist Industry and is Interested in Tourist Development o Amanda Smalley - Involved in the tourist industry and is interested in tourist development 272 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS (Terms expire in January 2021, unless noted as existing vacancy, and includes District specific appointments) • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Citrus Industry - (existing vacancy) • CHILDREN SERVICES ADVISORY COMMITTEE 4 Year (Staggered) Terms — County Residency Requirement o Member -at -Large • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect - (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Architect o Mechanical Contractor - (existing vacancy) o Plumbing Contractor - (existing vacancy) • ECONOMIC DEVELOPMENT COUNCIL — 4 year term, unless otherwise noted o Local Tourist Industry Representative • PLANNING & ZONING COMMISSION — 4 year terms, county residency requirement o BCC Appointee (District 3) o BCC Appointee (District 5) • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) 273 INFORMATIONAL ONLY COMMITTEE VACANCIES — List of Individuals Who Did Not Seek Renewal for 2021, does not include District specific appointments • CHILDREN'S SERVICES ADVISORY COMMITTEE — 4 year term, unless otherwise noted o Member at Large — Caryn M. Toole (Cannot be Re -appointed Per Code/Resolution) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Architect - Roy Lambert, Jr. • ECONOMIC DEVELOPMENT COUNCIL — 4 year term, unless otherwise noted o Local Tourist Industry Representative — Chad Olson 274 Al November 17, 2020 ITEM 14-E-1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 10, 2020 SUBJECT: Creation of an Area of Native/Florida Friendly Plants FROM: Laura Moss Commissioner, District 5 In partnership with Pelican Island Audubon Society and OF/IFAS Extension, we would like to create an area for Native/Florida Friendly Plants in front of the County Administration Buildings and the existing grass lawn to be removed. I would appreciate a discussion and the input of my fellow Commissioners regarding this subject. 275 R . ., s r 4 . I �( � •i , R i' �_ 1 rgei• ; � 11/17/2020 14. E.1. 2-15. 2 11/17/2020. 14. E.1: 215- 3 11/17/2020 14. E.1. 215. 4 11/17/2020 14. E.1. o Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 6, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Ronnie T. Jones, BSCE, Assistant Managing Director, SWDD Subject: Change Order No. 1 to Summit Construction of Vero Beach, LLC Descriptions and Conditions: On Tuesday, August 18, 2020, the Solid Waste Disposal District (SWDD) Board approved the Ratification of Award of Bid 2020050 (Phase 1) — Installation of New Concrete Pad at Indian River County (IRC) Landfill in the amount of $183,000. On August 25, 2020, a formal Notice to Proceed was issued to Summit Construction of Vero Beach, LLC (Summit) at the conclusion of the preconstruction meeting. Construction of the concrete pad began immediately with continued progression until multiple weather-related delays and a requirement by the IRC Building Department on September 18, 2020, (permit no. 2020090290) for full size administrative approval (AA) drawings that were approved by the IRC Planning Department and construction documents for the slab and footings, signed and sealed from a Florida Licensed Engineer, be submitted. As part of the project, Andersen Andre Consulting Engineers, Inc. (AACE) was utilized for geotechnical testing of the existing subsurface and to verify the compaction specifications of the project. AACE submitted their geotechnical report with a recommendation for the installation of a vapor/moisture barrier to prohibit the rapid curing of the concrete pad. This will allow the concrete slab to cure correctly and reach its minimum compressive strength of 4500 pounds per square inch (psi). SWDD, also recognizing the future need to relocate the existing big top tent it currently uses for single stream recycling, has determined that two (2) additional footings will need to be constructed to support the frame tent structure, which requires additional dirt work. Staff requested a change order from Summit for the installation of the vapor barrier, the additional footings, and dirt. 276 Analysis: Summit has prepared Change Order No. 1, provided in Attachment 1, for construction services detailing the scope of work, budget, and schedule for each of the items. Staff recommends approval of Change Order No. 1 for $7,015, which would bring the total cost of the project to $190,015, as well as approval of an additional 90 days of contract time due to weather and permit delays out of the control of the contractor. Funding: Funding for the SWDD Concrete Pad is budgeted and available in the SWDD capital improvement accounts, which are funded from SWDD assessments and user fees. Scope of Work Area Unit Type Unit Price Annual $190,015.00 Amount PHASE 1 Construct 80' x 240' concrete pad for the purpose of collecting and 19,200 Square Feet Lump sum $183,000 loading transport trucks Change Order No. 1— barrier and footings Barrier as needed & Lump sum $ 7,015 two footings Total = $190,015 Description IAccount Number Amount Other Improvements — Concrete Pad (Phase 1) 1 411-164051 $190,015.00 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Change Order No. 1 with Summit Construction of Vero Beach, LLC, for $7,015 to install additional footings, dirt work, as well as installation of a vapor/moisture barrier, and additional time of 90 days on the contract to complete the project. b) Authorize the Chairman to execute the same, as presented. Attachment (s): Summit Construction of Vero Beach, LLC. Change Order No. 1 277 CHANGE ORDER No. 001 PROJECT: 240 X 80 Concrete Pad DATE OF ISSUANCE 11/05/20 EFFECTIVE DATE 11/07/20 OWNER: Indian River County - SWDD OWNER'S Contract/Bid No. 2020050 CONTRACTOR: Summit Construction of Vero Beach LLC ENGINEER: Ronnie T. Jones, BSCE SWDD & Juan Fuentes, P.E. Kimley-Horn You are directed to make the following changes in the Contract Documents: Description: Per proposal dated 10/02/2020 from Summit Construction: Vapor Barrier under slab, Additional dirt work and install (2) 2' x 3'-6" x 10" footings for Big Top Tent structure (rib #1) Reason for change order: Andersen Andre Geotech recommendation for vapor barrier, relocation of Big Top Tent atop concrete pad requires additional time, separate footings and dirt work Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times 60 Days $ 183,000 Substantial Completion: 45 days Ready for final payment: 60 days Days or dates Net changes from previous Change Orders Net change from previous Change Orders No. to No. none No. to No. none 0 days $ 0.00 Contract Price prior to this Change Order Contract Time prior to this Change Order . $ 183,000 Substantial Completion: 45 days Ready for final payment: 60 days Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 7,015 90 days due to weather and permit requirements Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 190,015 Substantial Completion: 120 Ready for final payment: 150 Days or dates RECOMMENDED BY: APPROVED BY: ACCEPTED BY: Engineer Owner Contractor Date Date Date 278 Summit Construction of Vero Beach, LLC ClIC1259095 2837 Flight Safety Drive, Vero Beach, FL 32960 PROPOSAL TO: Ron T Jones IRC Assistant Managing Director Solid Waste Disposal District PROJECT NAME: Added Work Scope for Contract PROJECT ADDRESS: 1325 7411 AV SW Vero Beach, FL 32968 :PROPOSAL DATE: October 2, 2020 The scone of this proposal will include the following: • Install (2) 2'x3'6"x10" Foundations (Location supplied by IRC Rep.) • Install 80'x240' 6mi11 Vapor Barrier tape joints (As required in the geotechnical report submitted by Andersen Andre Consulting Engineers) • Added dirt work for the 6" slope added to slab. Total: $7,015.00 • We also will need an added 15 days to the contract with the delays. Contract time has stopped on 9/18/20 and will resume when building permit is issued. LincolnIrons o/ Please sign below if proposal is accepted — Payment will be due 10 days after invoice date. 279 15b Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 6, 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: Work Order No. 39 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) to prepare two (2) annual financial reports certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long-term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management, and disposal of solid waste in the County. Analysis: Kimley-Horn and Associates, Inc. (KHA) has prepared Work Order No. 39, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on April 17, 2018. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT. Task 1 Full Cost Accounting Report 30 Days from NTP $ 5,000 — Lump Sum Financial Assurance Report Task 2 2.1— Closure Cost Adjustment 15 Days from NTP (b) $ 41,700 — Lump Sum 2.2 — Survey/Air Space Adjustment 90 Days from NTP TOTAL (Lump Sum) _ $ 46,700 NTP — Notice to Proceed (a) And receipt of data from SWDD (b) Escrow balance and budget recommendations will be provided within 30 days of receipt of information from SWDD 00 Funding: Funding for the SWDD Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $415,000 for the 2020/2021 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $46,700 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Work Order No. 39 with Kimley-Horn and Associates, Inc. in the amount of $46,700, to provide engineering services related to the SWDD Annual Financial .Reports. b) Authorize the Chairman to execute the same, as presented. Attachment: 1. Work Order No. 39— KHA 281 WORK ORDER NUMBER FULL COST ACCOUNTING AND FINANCIAL ASSURANCE This Work Order Number No. 39 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 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 timeframemore particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: Comptroller SOLID WASTE DISPOSAL DISTRICT By: . Chairperson BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 1 jPage A2 Work Order No. 39 FCA and FA FY2021 EXHIBIT A - SCOPE OF WORK The County is required to document full cost accounting and financial assurance each year in accordance with their Solid Waste Operations Permit. SCOPE OF WORK Task 1.0 Full Cost Accounting Evaluation for Fiscal Year 2019-2020 The Consultant will assist the COUNTY in preparing a report and public notice reflecting the full cost for solid waste management for customers served by the COUNTY. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. Consultant will prepare a draft table using information provided by the COUNTY for review by COUNTY staff. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The Consultant will address up to two (2) rounds of reasonable comments on the report and public notice provided for review and resubmit the revised documents to the COUNTY for their use. Task 2.0 Financial Assurance The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.1. Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2020-2021, and escrow budget recommendations for Fiscal Year 2020-2021. Subtask 2.2 Financial Assurance Report Consultant will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed with the attached proposal from MM&T. For the Class I Landfill (Segments I, II, and III), the Consultant will evaluate waste compaction rate and utilize this evaluation in preparation of a Financial Assurance Report for the COUNTY's use. The Financial Assurance Report will utilize historical waste generation and landfill airspace data; current placement and generation rates; information on remaining landfill capacity; recent and planned project expenditures; and estimated closure costs to evaluate the current and projected escrow account balances for the landfill to determine what escrow deposits should be made during the 2021 fiscal year. Page 2 of 5 283 Work Order No. 39 FCA and FA FY2021 DELIVERABLES Task 1.0 Table and working documents.. Subtask 2.1 Closure Cost Estimates for FY 2021 Subtask 2.2 Survey (as described in MM&T's proposal),.Financial Assurance Report ASSUMPTIONS It is assumed that the closure cost estimates required for the FY 2021 will be escalation of existing, previously -approved full cost estimates using the FDEP approved escalation (tied to the CPI). If preparation of full closure cost estimates for the facility are required, that shall be as an additional services upon receipt of an executed amendment. The Consultant will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the COUNTY or by others for whom the Consultant is not legally responsible. The COUNTY acknowledges that verifying the accuracy and completeness of such items is not part of the Consultant's scope of services. This agreement is made in anticipation of conditions permitting continuous and orderly progress through the completion of services, times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. The COUNTY will provide any information requested by Kimley-Horn in a timely manner to avoid delay of the Project. In addition, the COUNTY will ensure that COUNTY representatives are available for all meetings in order to avoid delay to the Project. Page 3 of 5. 284 Work Order No. 39 FCA and FA FY2021 EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the. Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses as follows: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task 1.0 Full Cost Accounting 2.0 Financial Assurance Labor Fee $5,000 $23,200 Total Labor Fee $28,200 Sub-Consultants-MM&T Survey $18,500 TOTAL LABOR AND EXPENSE FEE (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) $46,700 Page 4 of 5 285 Work Order No. 39 FCA and FA FY2021 EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final documents are anticipated to take approximately three (3) months from the Notice to Proceed (NTP) and receipt of data from the COUNTY. NTP 1.0 Full Cost Accounting 2.1 Closure Cost Estimates for FY 2021 2.2 Survey 2.2 Financial Assurance Report a) And receipt of all required data from the COUNTY. contingent upon approval 30 days from NTP (a) 90 days from NTP (a) 60 days from NTP (a) 90 days from NTP (a) (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 5 V 286 Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 e-mail: dt5243@bellsouth.net AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING SERVICES PROJECT: IRC Landfill Volume Survey 2020 PHONE: Work - (305) 535-7712 CLIENT NAME: Kimley Horn & Associates - Barton Fye PHONE: Cell - (305) 431-4900 SITE ADDRESS: 1325 74th Avenue SW MAILING 355 Alhambra Circle, Suite 1400 Vero Beach, FL 32968 ADDRESS: Coral Gables, FL 33134 MMT, Inc. is pleased to provide you with this proposal for performance of surveying services in support of current landfill conditions for property located in Indian River County and lying in Section 25 -33S -38E and identified as The Indian River County Landfill Volume Calculation s.survey which shall include the following: Scope of Services: 1. Recover and expose existing aerial control for orientation and rectification of the aerial photography. 2. Coordinate with sub -consultant, Alert 5, Engineering Advanced Solutions to obtain new color aerial imagery and LIDAR data and production of a 1"=50' Planimetric and Topographic. This mapping is to be completed in AutoCAD format as one file at a scale of 1-inch=50-feet with 1 foot contours. The mapping will be completed for the entire landfill site including Segment I, Segment II, Segment III and the C & D areas. 3. Integrate aerial data into survey drawing and overlay with topographic data from previous year. 4. Calculate volumetric differences comparing current mapped areas against the prior data completed in March, 2020. Calculations shall be performed on Segments I, II, III and C & d areas. 5.. Prepare cross sections at 200 foot intervals across each of the Segment areas depicting current and prior data lines. Deliverables: a. Four (4) bond copies (24"x36") of the topographic map (1 inch = 50 feet contour map of each segment) b. Four (4) bond copies (85'x14") of the topographic map (1 inch = 200 feet contour map of each segment) c. Two (2) color digital ortho-rectified photo enlargements (24"06") of entire area. d. One (1) color photo enlargement (24"x36") for each Segment 1, II, III and C&D. e. Four (4) copies of Volumetric survey, including overall site, segments and cross sections. f. Two (2) copies of Report of Survey for aerial imagery from sub -consultant. g:: One CD containing PDF of each map, AutoCAD and ASCII point files. We propose to perform the above described Scope of Services for a lump sum fee of $18,500.00. We estimate the following time frame for the project: Field acquisition, quality control, ground verification and sub -consultant deliverables - 3-4 weeks from notice to proceed; Volumetric survey completed within 2 weeks from receipt of sub -consultant data. I, the undersigned, agree to all the terms of this Agreement and the Standard Conditions of this Contract attached hereto. Client's Printed Name Client's Signature Date 8/20/2020 David Taylor, President Date Masteller, Moler & Taylor, Inca 287