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HomeMy WebLinkAbout04/13/2021,�ORTfli' v I BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 13,2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Associate Minister Scott Blount, Vero Christian Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Ella Goodman on Her Retirement from the Indian River County Sheriffs Office Attachments: Proclamation 5.B. Presentation of Proclamation Recognizing National Public Safety Telecommunications Week - April 11 - 17, 2021. Attachments: Proclamation April 13, 2021 Page 1 of 6 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Final "State Approved" Indian. River County Local Housing Assistance Plan for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 Attachments: Staff Report 2021 - 2024 State Approved LHAP 7.B. Residential Paper Shredding Event on Saturday, April 17, 2021 Attachments: Staff Report 7.C. Environmental Control Hearing Board Committee Resignation -Vacancy Attachments: Staff Report 210326 Email Resignation - Christopher Murphy 8. CONSENT AGENDA 8.A. Jody H. Oliver's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-20-02-01 / 2019080148-85940] (Burlingham AOE) Attachments: Staff Report Location Map Affidavit of Exemption Layout 8.B. FDOT Small County Outreach Program (SCOP) Agreement and Resolution for Construction and Construction and Engineering Inspection (CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1 to 21st Street - Project No. IRC -1638, FM No. 438074-1-54-01 Attachments: Staff Report Indian River County Grant Form Authorizing Resolution FDOT SCOP Agreement 8.C. CR 512 Bridge Repairs (FDOT #884078 & #884079) Release of Retainage and Change Order No. 1, IRC -1727 Attachments: Staff Report Change Order No. 1 8.D. FDEP Grant Agreement 21IR1 (Vero Beach Restoration - Sector 5 Construction and Monitoring) Attachments: Staff Report FDEP Grant Agreement 21 IR1 Indian River County Grant Form No. 21 IR1 April 13, 2021 Page 2 of 6 8.E. Approval of Egret Marsh Slide Gate Replacement Project Construction Contract with Costello Brothers Marine Construction, Inc Attachments: Staff Report - Costello Sample Agreement: S.F. FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 for 66th Avenue Roadway Widening (49th Street to 69th Street) FM No. 436379-1-54-01;436379-1-54-02 (IRC -1505) Attachments: Staff Report Indian River County Grant Form Authorizing Resolution FDOT TRIP Supplemental Agreement No. 2 8.G. 43rd Avenue Bridge Replacement Over S. Relief Canal (IRC -2014), Amendment No. 1 to Work Order No. 33 with Kimley-Horn and Associates, Inc. Attachments: Staff Report Amendment No.1 to Work Order 33 8.11. The Reserve At Grand Harbor, Plat 33 - Request for 2 -Year Extension to Final Lift of Asphalt Contract - Developer: GH Vero Beach Development LLC Attachments: Staff Report Second Modification (extension) Exhibit "A" to Second Modification 8.I. Cove At Falcon Trace PD Plat 1 - Request for 2 -Year Extension to Final Lift of Asphalt Contract - Developer: D.R. Horton, Inc. Attachments: Staff Report Modification to Contract Exhibit "A" to Modification to Contract S.J. Work Order #9 Well Abandonment and Additional Testing Attachments: Staff Report Tetra Tech Work Order #9 8.K. Final Pay TLC Diversified, Inc. for South County Reverse Osmosis Water Treatment Plant Blower Replacement Attachments: Staff Report Final Pay Application 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS April 13, 2021 Page 3 of 6 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Public Hearing Scheduled for April 20, 2021 to Consider rezoning ±40.25 from PDTND, Planned Development Traditional Neighborhood Design, to RM -8, Multiple Family Residential District (up to 8 units per acre). (Quasi -Judicial) Attachments: Staff Report 10.C.2. Notice of Scheduled Public Hearing for April 20, 2021 for a Proposed FPL Solar Energy Site (Quasi -Judicial) Attachments: Staff Report 10.C.3. Notice of Scheduled Public Hearing on April 20, 2021, to Consider North Sebastian Water and Sewer Phase 2, Resolution III (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Update Regarding COVID-19 Vaccinations Attachments: Staff Report 11.B. American Recovery Plan Act of 2021 - Proposed Spending Plan Attachments: Staff Report - ARP ARP Proposed Spending Plan 12. DEPARTMENTAL MATTERS A.. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Designation of Trane U.S. Inc., as Sole Source Provider for HVAC Control Systems, System Refurbishments, and Equipment Replacement Attachments: Staff Report. IRC Health Dept AHU and VAV Replacement Proposal Proposal - Supplied Equipment Courthouse AHU evaluation report April 13, 2021 Page 4 of 6 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Acquisition of Right -Of -Way .for Phase II of 66th Ranch, LLC - 66th Avenue, Parcel ii 29 Attachments: Staff Report Exhibit "2" Agreement to purchase Exhibit "A" Parcel 129 sketch/description Exhibit "B" TCE & driveway agreement i 13.B. Request . for Waiver of Interest on Demolition Investments, LLC Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams i D. Commissioner Joseph H. Earman I E. Commissioner Laura Moss Avenue Improvements - Jeta Lien - Unity Development i 14.E.1. Naming of Pavilion at Jones Pier Conservation Area Educational Pavilion Attachments: Commissioner's Memorandum Resolution 2011 �i042 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of January 19, 2021 15.B.2. Approval of Meeting Minutes Fbbruary 02, 2021 to Ruth Stanbridge 15.B.3. Approval of Work Change Directive and Final Pay to Summit Construction of Vero Beach, LLC Attachments: Staff Report Summit Work Change Directive and Final Invoice 15.11.4. Approval of Final Pay to Timothy Rose Contracting, Inc. Attachments: Staff Report Timothy Rose Contracting Final Invoice April 13, 2021 i Page 5 of 6 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for. public comment prior to. the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. 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. April 13, 2021 Page 6 of 6 1�__A PROCLAMATION HONORING ELLA GOODMAN ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE WHEREAS, Deputy Ella Goodman is retiring from the Indian River County Sheriff's Office, effective April 30, 2021; and ; WHEREAS, Ella began her journey at the 'Indian River County Sheriff's Office on March 4, 1991, and has served with distinction for thirty years; and i WHEREAS, Ella was employed as a corrections deputy for the entirety of her career and reached the position of Corrections Deputy III in 1996; and WHEREAS, Ella was named Corrections Deputy of the Year in 2012 and 2018, placing her in an elite group of agency members to be two-time recipients of this prestigious, peer -nominated award; and WHEREAS, Ella's dedication and professionalism have been recognized through numerous awards over her lengthy career, including a Technical Award, an Exceptional Duty Award, an Honorable Service Award, and multiple "Going the Extra Mile" Awards; and WHEREAS, Ella worked diligently under five sheriffs to protect and serve the citizens of Indian River County and the State of Florida; and WHEREAS, Ella's remarkable dedication to her profession has earned her the appreciation of Sheriff Flowers and all those who have had the honor of working with her. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board praises the contributions Deputy Ella Goodman has made to the citizens of Indian River County during her highly -successful law enforcement career, and wishes her a joyful and prosperous retirement. Adopted this 13th day of April, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman 1 Susan Adams Joseph H. Earman Laura Moss 1 PROCLAMATION RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers andl firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and I WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring their activities, providing them with information, and ensuing their safety; and WHEREAS, Public Safety Dispatchers of the Indian River County Sheriffs Office have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients. They are knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their duties in the past year; and WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 238,811 calls for service for Law Enforcement and 30,119 calls for Fire Rescue in 2020; and WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers answered 63,453 9-1-1 calls and 100,081 administrative calls; and WHEREAS, each year, the second full week of April is dedicated to the men and women who serve as public safety telecommunicators. i NOW, THEREFORE, BE IT PROCLAIMED BYi THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 11 through April 17, 2021, be designated as National Public Safety Telecommunications Week in Indian River. County, in honor of the men and women whose diligence and professionalism keep our county and citizens sai fe. Adopted this 13th day of April, 2021. ! BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice -Chairman Susan Adams Joe Earman Laura Moss 2 74 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: March 31, 2021 SUBJECT: Final "State Approved" Indian River County Local Housing Assistance Plan for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 13, 2021. DESCRIPTION AND CONDITIONS According to Rule 67-37.005, Florida Administrative Code, all local governments receiving SHIP funds must every three years submit a new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation (FHFC). Accordingly, the county's plan was revised and submitted to the FHFC in 1994, 1997, 2000, 2003, 2006, 2009, 2012, 2015, and 2018. Those plans were approved by the FHFC. In 2018, the Board of County Commissioners approved the county's current 3 -year plan. Subsequently, the FHFC approved the county's plan and authorized the disbursement of SHIP funds until June 30, 2021. The Board approved the county's new proposed plan on December 1, 2020, and directed staff to submit the new 3 -year plan for FY 2021-2022, FY 2022-2023, and FY 2023-2024 to the FHFC and to make any changes subsequently required by the state. After receiving the plan, the FHFC recommended some minor final changes. Similar to the past, staff coordinated with the FHFC and revised the LHAP per state recommendations. Subsequently, the FHFC approved the County's plan with the minor changes made. Staff now submits the revised and "state approved" LHAP to the Board for its information. ANAT,VSTS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements, county staff has prepared a new Local Housing Assistance Plan. The new plan is a continuation of the county's previous plan with minor changes and updates. The plan includes updated information and projected expenditures for the new fiscal years. As indicated in the plan, the county will continue its affordable housing incentives and utilizing ten percent (10%) of the state SHIP allocation for administration of the SHIP Program. The county's plan meets all state and local requirements and provides the basic framework and operating procedures, including program strategy qualification requirements and other provisions, for the SHIP program for the next 3 fiscal years. The state's approval of the new plan makes the county eligible to receive SHIP funds until June 2024. As previously indicated, the FHFC recently approved the County's proposed plan with some minor changes. Those changes include relocating text, correcting numbering, revising language for internal consistency, adding language to clarify requirements/processes (# of applications pulled for processing at one time), removing a cross reference, attaching the Indian River County Guidelines and Procedures for Implementing Strategies (state required document), removing a first-time homebuyer definition and requirement (state deleted), and adding tenant selection criteria for projects using SHIP funds in conjunction with Federal or State Programs matching loans (SHIP income requirements). FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. RECOMMENDATION The attached approved LHAP for FY 2021-2022, FY 2022-2023, and FY 2023-2024 is provided to the Board for its information. No action is needed at this time. ATTACHMENTS 1. Approved Indian River County Local Housing Assistance Plan for FY 2021-2022, FY 2022- 2023, and FY 2023-2024 FACommunity Development\SHIP\LHAP\2021-2024 LHAP\FINAL LHAP to BCC\BCC-4-3-21 LHAPIan 2021-2024 information.doc 4 Indian River County 4 OR 0 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2021-2022, 2022-2023, and 2023-2024 Adopted by BCC: December 1, 2020 (Resolution 2020-107) Approved by FHFC: March 29, 2021 Effective: July 1, 2021 0, Equal Housing Opportunity Attachment 1 5 Table of Contents Description ` Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans I 7 B. Purchase Assistance with Rehabilitation Loans I 9 C. Purchase Assistance without Rehabilitation Loans 4 11 D. Emergency Repair Loans 12 E. Disaster Mitigation Loans i 14 F. Impact Fee / Capacity Charge Loans 15 G. New Construction (Federal or State Programs Matching Loans) 16 Section III, Incentive Strategies 18 A. Expedited Permitting 18 B. Ongoing Review Process 19 C. Other Incentive Strategies Adopted 19 Section IV, Exhibits 21 A. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Charts (HDGC) ,For 2021-2022, 2022-2023, and 2023-2024 D. Signed LHAP Certification E. Signed, Dated, Witnessed or Attested Adopting Resolution F. Ordinance: No Change to the Original Ordinance G. Interlocal Agreement: No Interlocal Agreement H. State Housing Initiatives Partnership (SHIP) Program Information Sheet I. Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan I. Program Details: A. LG (s) Name of Local Government Indian River County Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) N/A B. Purpose of the program: • To meet the housing needs of the very low, low and moderate income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2021-2022, 2022-2023, and 2023-2024 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP: Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to.increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants, loans or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders, neighborhood associations, Affordable Housing Advisory Committee, and the Indian River County Affordable Housing Partnership Group. Public input was solicited through the county website and in the advertising of the Local Housing Assistance Plan Notice of Funding Availability in the local newspaper. H. Advertising and Outreach: SHIP funding availability shall be advertised in the Press Journal (the local newspaper of general circulation) and on the county website, at least 30 days before the beginning of the application period. If no funding is available due to a queue list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program. Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will be assigned based on that order.' Adjustments to the queue order will be made to achieve %/ any established funding priorities as described in this plan. Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans for home repair related to a dire situation that needs to be mitigated immediately to prevent damage to the home or to resolve an immediate health hazard to the occupants. 2. Special Needs Households (until the program's required percentage has been met) 3. Very low income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling:; Support services are available from various sources. Available support services may include, but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant iCounseling, Foreclosure Counseling and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. 0. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan in the original amount of $10,000 or less shall not be subject to this annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. Administrative Budget: A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. Indian River County finds that the funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Admin. Fee Percentage Indian River County Administer the program 10% 9 First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. S. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost associated with Owner Occupied Rehabilitation Loans, not to exceed $2,750.00 (flat fee) to cover inspection services, preparation of work write-ups, and construction inspections performed by non -county employees for rehabilitation projects. Since the county Building Division is set as an enterprise fund, if SHIP utilizes a building inspector, SHIP must reimburse the Building Division for the building inspector's time. For all loans, housing delivery cost will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. Green Building: The county will, when economically feasible as . determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bath rooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star qualified refrigerator (for new construction); 4. Energy Star qualified dishwasher (for new construction); 5. Energy Star qualified washing machine (for new construction) if provided in units; 6. Energy Star qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14 (or higher if required by code). 10 V. Special Needs: The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set-aside. The goals will be met through all loan assistance strategies. W. Describe Efforts to Reduce Homelessness: The Treasure Cost Homeless Services Council (TCHSC) provides continuum of care to the homeless population within Indian River County. County staff works with the TCHSC staff to apply for grants, exchanges information, and provides assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families and manages affordable rental properties. X. Total assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh, similar retirement savings accounts, and dedicated college saving accounts of an eligible household applying for SHIP assistance shall not exceed twenty thousand dollars ($20,000.00). Y. The maximum active SHIP loans on any property shall not exceed $60,000, except when utilization of disaster and/or emergency funds are necessary. Section II. LHAP Strategies: A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, and low d. Maximum award: Very Low and Low Income $60,000 e. Terms 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3%'Simple Annual Interest. 3. Years in Loan term: 10 years (5 years if used in conjunction with CDBG funding). 11 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon death of the homeowner; whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 or 5 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term (for loans that are not used in conjunction with CDBG funds), the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. 7. Property shall not be eligible to re -apply until after expiration of a 10 year rehab loan, except when utilization of disaster and/or emergency rehabilitation funds are necessary. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on the timing that preliminary intake information is received with the priorities as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. Provided funding is available, more than one applicant will be pulled from the que list at the same time so that multiple applications can be processed and assistance provided at the same time. L Residential Construction'Hurricane Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. When available the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, 12 I and moderate income homeowners with homestead exemptions for homes that have insured values Inot exceeding $294,601 (SHIP program maximum). Applications will be reviewed on first qualified, first served basis. Eligible retrofit improvements work activities include the following: i 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans Code 1 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal'reduction to households to purchase an existing home. An existing home must be in need of rehabilitation. I b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low and moderate d. Maximum award: e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years for Purchase Assistance Portion and 10 Years for Rehabilitation Portion. 1 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of'occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The to Ian will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 13 Income Category Purchase Rehab Portion Max. Total Assistance Portion Very Low $20,000 $12,000 $32,000. Low $15,000 $11,500 $26,506 Moderate $10,000 $11,000 $21,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years for Purchase Assistance Portion and 10 Years for Rehabilitation Portion. 1 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of'occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The to Ian will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 13 10 years for Rehabilitation Assistance Portion): sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I :of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants for purchase assistance loans must provide a 1St mortgage pre -qualification letter from a lender in order to participate with the County program. Applicants must secure a first mortgage from an approved lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage ' Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original first mortgage interest mortgage amount may be used For other loans up to 2 rate. for closing costs associated with points allowed the refinancing. No'cash out to applicant 14 C. Purchase Assistance without Rehabilitation Loans Code 2 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase a newly constructed home. A newly constructed home must have received a certificate of occupancy within the last twelve months. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low and moderate d. Maximum award: Very Low: $20,000 Low $15,000 Moderate $10,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 20 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. 15 g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. j. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original first mortgage interest mortgage amount may be used For other loans up to 2 rate. for closing costs associated with points allowed the refinancing. No cash out to applicant D. Emergency Repair Loans I Code 6 1 a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes: damaged roofing that is leaking, damaged windows causing exposure to the elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. This strategy, may be used in cases where the health department, a jurisdiction's building official, or SHIP administrator utilizing a SHIP inspector's inspection report(s) determined that a home is in such a condition that it jeopardizes the occupant's health and safety. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d.. Maximum award: $25,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 16 3. Years in Loan term: 10 years (5 years when used in conjunction with CDBG funds). 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy, except that emergency repair loans in conjunction with CDBG funding will be forgiven in 5 years, or upon death of the homeowner, whichever comes first. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the 10 year loan term (for loans not used in conjunction with CDBG funds), the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort'to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. 2. Provide proof of homeowner's insurance policy if it is available, any proof whether or not the,insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. 3. When an applicant is assisted with emergency repairs, they will not lose their place on the queue list. However, the amount of funds expended for the emergency repairs will be counted towards the maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be' awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan 17 document. E. Disaster Mitigation Loans Code 5 a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared. by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to make the home habitable. 4. Repairs to mitigate dangerous situations (such as exposed wires). b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in section I of this plan. 1. Proof of homeowner's insurance if available. 2. Must file for and use proceeds from insurance as first option. 3. Must file for FEMA, SBA and other assistance available prior to applying to SHIP. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. Impact Fee / Capacity Charge Loans Code 8 a. Summary of the Strategy:.To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very Low, low, moderate (in conjunction with PA loan only) d. Maximum award: $20,000 e. Terms: 1. Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years (5 years in conjunction with CDBG funding). 19 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term, sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. 7. In cases where the qualifying homeowner(s) die(s) during the loan term (for loans not used in conjunction with CDBG funds), the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on actual amount of impact fees/capacity charges charged by the county. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. G. New Construction (Federal or State Programs Matching Loans) Code 21 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very low, low and moderate d. Maximum award: $25,000 per unit, and $100,000 per project. 20 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. f 2. Interest Rate 3% i 3. Term 10 years e 4. Forgiveness4 the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. 5. Repayment: Not required as long as the project is constructed and meets the' federal or state housing program requirements for occupancy by very low, low, and/or moderate income households. 6. Default: When the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7. Developer Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: a. Capacity and Capability to Carry -out Project b. Scale of.Project/Utilization of Density Bonuses c. Experience in Completing Similar Projects d. Use of, Personnel from Wages and Workforce Development Programs e. Leveraging f. Site Cori trol g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design I. Attractiveness of Design m. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques Tenant Selection: Management of the development will select potential renters for the SHIP assisted units on a first qualified, first served basis. All applicants for residence in a SHIP assisted unit must meet income qualifications of the program as 21 determined and reported by the developers' management company for the development. g. Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP and from the Low Income Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67- 37.007(12) F.A.C. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects (Housing Element policies 1.5 and 1.6) - Housing Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; - Minor site plan - 5 weeks; - Major site plan - 6 weeks; and - Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the work load of the review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing 22 project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. In 2019, after recommendation from the Affordable Housing Advisory Committee (AHAC), the County revised the permit expediting process to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - Housing Element Policy 1.7 POLICY 1.7: As part of the adoption process for any county regulations which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). 23 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 6. Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. New single-family housing impact fee reduction/waiver categories added to County impact fee schedule; reducing or eliminating impact fees for certain sized housing units occupied by households with household incomes below 80% of the Area Median Income. 10. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 11. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 12. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). 13. Policy for assistance to non-profit organizations to establish CDCs (Housing Element policy 4.11). 14. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 15. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 16. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). . 17. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). 24 IV. EXHIBITS: A. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Charts (HDGC) For 2021-2022, 2022-2023, and 2023-2024 D. Signed LHAP Certification E. Signed, Dated, Witnessed or Attested Adopting Resolution F. Ordinance: No Change to the Original Ordinance G. Interlocal Agreement: No Interlocal Agreement H. State Housing Initiatives Partnership (SHIP) Program Information Sheet I. Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan F:\Community Development\SHIP\LHAP\2021-2024 LHAP\Revised Versions - Comments Accepted\Indian River 2021-2024 LHAP - State Changes Accepted V2.doc 25 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Indian River Co Fiscal Year: 2021-2022 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Su lies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2022-2023 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2023-2024 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK *All 'other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: Other = Professional Services. There will also be additional administrative income from SHIP program loan repayments and interest earned (not included in the above numbers). 26 I I [eff. date] Exhibit B Timeline for SHIP Expenditures Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended. 151 Year AR 2nd Year AR Closeout AR 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023. 9/15/2024 2022-2023 6/30/2024 6/30/2025 9/15/2023 9/15/2024 9/15/2025 2023-2024 6/30/2025 6/30/2026 9/15/2024 9/15/2025 9/15/2026 1 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Expended I 151 Year AR Not Submitted 2nd Year AR Not Submitted Closeout AR Not Submitted 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 2022-2023 3/30/2024 3/30/2025 6/15/2023 6/15/2024 6/15/2025 2023-2024 3/30/2025 3/30/2026 6/15/2024 6/15/2025 6/15/2026 Requests for Expenditure Extensions (close-outyear ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff@floridahousing.ors and terry.aurineer@floridahousing.ors and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year .I 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (lune 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email terry.aurineer@floridahousing.org when you are ready to "submit" the AR. i Other Key Deadlines: I AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. 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E 0 E a a o 1.555 id 9 ° u W H N evl �O Vf O M Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or'Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within -21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to. the, document shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. 31 Exhibit D (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e)'. To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been imple.ted...... p Miami -Dade County). Witness Ij I Witness December 1, 2020 Date OR Attest: (Seal) Chief Elected or dekA ee ..,..•nay°P� Joseph E. Flescher, BCC Chairman Type Name and Title 2 APPROVED AS TO FORM AliD L ' SLS Flri� N �Y E,Y WILLIA^:1 !C. QEBRAAL DEPUTY COUNTY ATi ORNEY 32 Exhibit E RESOLUTION #: 2020 - I07 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37., FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR. REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop at least every three -years a Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy within its Local Housing Assistance Plan; and WHEREAS, the SHIP Act further requires local. governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.90 75, F. S. If it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible 33 Exhibit E RESOLUTION #: 2020 - 107 municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Indian River County Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County .Commissioners made a determination that it is in the best interest of the Indian River County citizens to submit the Local Housing. Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2017-118, that was approved by the Board on December 5, 2017. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approve the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2021-2022, 2022-2023, 2023-2024. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance. Corporation as related to the Local Housing Assistance Plan, and perform all necessary and proper tasks to carry out the term and conditions of said program. Section 3: The County shall utilize up to 10 percent of the local housing distribution plus 5 percent of the program income deposited into the trust fund to administer the program. 2 34 Exhibit E RESOLUTION #: 2020 - 107 Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by. Commissioner Peter a. o'Brvag and seconded by Commissioner. Susan Adams and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher AYE Vice Chairman, Peter D. O'Bryan AYE Commissioner, Susan Adams AYE Commissioner, Joseph H. Farman AYE Commissioner, Laura Moss AYE, The Chairman thereupon declared the resolution duly passed and adopted this i s t day of December 2020. Board of County Commissioners of Indian River County By:(/Joseph E. Fl Scher, Chairrn`an;,'• �;��� • �' ATTEST byo0j �' yi 7 Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Dylan Reingold County Attorney FACommunity Development\SHOLHAM2021-2024 LHAP\2020 LHAP RevisionsWC Item - LHAP\LHAP resolution 2020.docx 35 EXHIBIT F No change to the Original Ordinance EXHIBIT G No Interlocal Agreement F:\Community Development\SHIP\LHAP\2021-2029 LHAP\Submission to State 3-26-21\Exhibit F and G.doc 36 EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Indian River County, Florida Y CHIEF ELECTED OFFICIAL: Joseph E. Flescher, Chairman, Board of County Commissioners .I ADDRESS: 1801 271` Street, Vero Beach, FL 32960 SHIP ADMINISTRATOR: ADDRESS: TELEPHONE: EMAIL ADDRESS: ADDITIONAL SHIP CONTACTS: ADDRESS: EMAIL ADDRESS: PLANNER ADDRESS: EMAIL ADDRESS: Bill Schutt, AICP, Chief, Long Range Planning 180127` Street, Vero Beach, FL 32960 (772) 226-1250 FAX: (772) 226-1922 1 bschutt(a)ircaov.com Vickie Johnston 1801 27 . Street, Vero Beach, FL 32960 viohnston@irc,izov.com Matt Kalap 1801 27`h Street, Vero Beach, FL 32960 i mkalapLtVircaov.com INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): I The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 1 80127th Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: i ❑ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 1 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 F:\Community Development\SHIP\LHAP\2021-2024 LHAP\Submission to State 3-26-21\Exhibit H.doc 37 / 7f 0RI k Exhibit I I Indian River County i GUIDELINES AND PROCEDURES FOR IMPLEMENTING STRATEGIES OF LOCAL HOUSING ASSISTANCE PLAN (LHAP) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FY FY FY Effective: July 1, 2021 2021-2022 2022-2023 2023-2024 Equal Housing Opportunity 38 TABLE OF CONTENTS PURPOSE AND INTENT I. PROGRAM DETAILS Exhibit I Page 1 1 • General Loan Application Process 1 • Local Loan/Applicant Requirements 2 II. LHAP ASSISTANCE STRATEGY DESCRIPTIONS, 4 IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) 4 B. Purchase Assistance with Rehabilitation Loans (Code #1) 8 C. Purchase Assistance without Rehabilitation Loans (Code #2) 12 D. Owner Occupied Emergency Rehabilitation Loans (Code 96) 16 E. Disaster Mitigation Loans (Code 45) 19 F. Impact Fee/Capacity Charge Loans (Code 48) 22 G. New Construction Federal or State Programs Matching Loans 24 (Code #21) 39 PURPOSE AND INTENT This document outlines and provides the guidelines and operating procedures for implementing assistance strategies of the Indian River County Local Housing Assistance Plan as established by the Indian River County Board of County Commissioners via Ordinance 93-13; pursuant to the requirements of the State of Florida State Housing Initiatives Partnership (SHIP) Program statute 420.907-420.9079 and Rule Chapter 67-37, Florida Administrative Code (FAC). The purpose and intent of this document is to provide consistent and clear guidelines and operating procedures for implementing assistance strategies identified in the Indian River County Local Housing Assistance Plan. SECTION I: PROGRAM DETAILS Program details are provided in the Local Housing Assistance Plan. However, a more detailed implementing guideline and operating procedure is provided in this document. • General Loan Application Process At the application acceptance period, each applicant receives an application (queue) number after submission of a preliminary intake form, which is given to him by the County's SHIP Program staff in consecutive order. At the end of the application acceptance period, staff will conduct reviews based on the priorities identified in the Local Housing Assistance Plan and this document. When an applicant's queue number is reached as may be adjusted to achieve any established funding priorities established in the LHAP; staff will send the applicant a letter, or email or call the applicant letting him or her know what is needed to complete the application. A complete application and all required documents must be submitted to the SHIP office within 4 weeks. For complete applications, staff will verify the household's income and assets and then send a conditional award (eligibility) letter to the applicant, indicating the household's information and informing the applicant that a specific amount of the funds is reserved for him for 90 days. The conditional award letter identifies what is needed for an application to be ready for Loan Review Committee review. The Loan Review Committee consists of three members: the Indian River County Community Development Director or his designee, a financial institution representative or his or her alternates, a member of the Indian River County Board of County Commissioners or his or her designee, who shall serve as chairman of the Loan Review Committee. The completed applications will then be submitted to the County's SHIP Program Loan Review Committee (LRC). After Loan Review Committee approval, staff will send a Loan Review Committee approval letter to the applicant and notify him or her that the loan must be closed within 90 days. The Loan Review Committee approval letter specifies steps and documents needed prior to scheduling a loan closing. Mortgage document and promissory notes are then prepared, and a closing is scheduled. At the closing, the applicant signs all appropriate documents that will be recorded and then funds are expended according to each strategy. 40 For rehabilitation loans, after the recorded documents are returned from the county courthouse, staff sends a notice to proceed to the contractor. The contractor then pulls building permits and completes the work. The appropriate jurisdiction's building department inspector inspects the completed work, and the contractor sends the county or the housing inspector, if a major rehabilitation project, the final invoice, final contractor affidavit, contractor final waiver of lien, sub -contractor final waiver of lien (if applicable), approved final inspection(s), and a final satisfaction from the owner. For loans that are paid back and for loans that terminate after affordability timeframe, staff will prepare and record a Satisfaction of Mortgage. • Local Loan/Applicant Requirements Eligible persons or sponsors applying for participation in the County's SHIP Program in addition to State requirements, shall comply with the following local requirements: a. Asset Verification Total household's assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh and similar retirement savings accounts of an eligible household applying for SHIP' assistance shall not exceed twenty thousand dollars ($20,000.00). b. Credit Verification 1. Credit Requirement for Purchase Assistance Loans For applicants applying for both a SHIP purchase assistance loan and a loan from a financial institution, the applicable financial institution shall determine whether each applicant's credit is satisfactory based upon the applicable financial institution's credit standards. Applicants that received a purchase assistance loan, but foreclosed on the first mortgage, are not eligible to re -apply for another SHIP purchase assistance loan. 2. Credit Requirement for Rehabilitation and Impact Fee Loans Applicants for rehabilitation and impact fee loans will be deemed to have satisfactory credit if the applicable title search report shows that there is no active lien, judgment, or foreclosure action against the applicant or applicant's property. For rehabilitation loans to very low and low income households using SHIP funds as match for CDBG funds, Residential Construction Mitigation Program (RCMP) funds, or other state and federal housing funding, no credit requirements shall apply. , All applicants must be current on their mortgage loans and property taxes. 41 c. Home Inspection For applicants applying for both SHIP funds and a loan from a financial institution, the applicable financial institution shall determine what type of home inspection is needed. The financial institution shall arrange for the inspections through their established procedures and shall be responsible for all approval contingencies. For Purchase Assistance loans, the following inspections for all existing housing units five years or older is recommended: i. Termite Inspection ii. Roof iii. Plumbing system iv. Electrical system V. Heating and air conditioning system All inspections must be performed by public service licensed inspectors; registered or certified residential, building, general contractors; or licensed trade contractors as appropriate. Home inspection reports requested by the county shall be reviewed by the county's staff to determine the condition of the home. Based on the results of the home inspection reviewed by the bank or the county, one of the following three actions will be taken: i. If the home is in good condition, the purchase assistance loan application will be submitted to the loan review committee for approval; or ii. If the home needs some rehabilitation work, the applicant may receive a combination purchase assistance and rehabilitation loan. A combined purchase assistance and rehabilitation loan application will be submitted to the loan review committee for approval; or iii. If the home is in excessive disrepair and cannot be fixed, the loan application will not be approved. Home inspection charges are considered to be eligible closing cost expenses and payable through SHIP funds. In cases where the county requests a home inspection, but due to the condition of the home a purchase assistance loan cannot be approved, the cost of the home inspection will be paid through the administration portion of SHIP funds. 42 SECTION II: LHAP ASSISTANCE STRATEGY DESCRIPTIONS, IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) a. Summary of the Strategy: To fund all or a portion of the cost encountered in rehabilitating existing owner -occupied housing units or rehabilitation of acquired owner occupied housing units in conjunction with purchase assistance loans. b. Fiscal Years Covered: FY 2021-2022; FY 2022-2023, and FY 2023-2024 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 50-80% of median income) d. Maximum Award: Maximum award: Very Low and Low $60,000 e. Terms, Recapture, Default: Rehabilitation loans are deferred payment 10 -year loans secured by a mortgage and note (5 years if used in conjunction with -CDBG funding). The repayment of funds awarded as a rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to, termination of the unit's affordable classification timeframe (10 years without CDBG funding or 5 years with CDBG funding), or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 3% simple interest rate for rehabilitation loans. The entire loan amount and interest accumulated will be forgiven after 10 years occupancy for very low and low income households (5 years when used in conjunction with CDBG funds). Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon death of homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis 43 subject to funding availability as may be adjusted per the LHAP based on ranking priorities. The following information for applicants will be checked/verified to confirm eligibility and for record management and reporting: i. Income ii. Employment iii. Assets iv. Credit for moderate income households only V. Disability Status vi. Other information as deemed necessary to meet program requirements First time applicants will be given priority over previously assisted persons. g. Other Rehabilitation Loan requirements: The County's SHIP Program anticipates providing low interest loans to eligible households to fund all or a portion of the cost encountered in rehabilitating of existing or rehabilitating acquired housing units eligible for occupancy by eligible persons. Rehabilitation loans shall be provided consistent with the requirements of the county's minimum standards for rehabilitation of residential properties document. Rehabilitation loans will not be awarded for rehabilitation work completed prior to the county loan approval. All rehabilitation work must be performed by licensed contractors. Rehabilitation loans may be awarded only for rehabilitation work activities that are identified in the county's designated inspector work write-up and include only items that are in poor condition and cannot be repaired. Rehabilitation loans may be awarded for the following rehabilitation work activities: 1. Roof (shingle or 5V metal), including replacement of all rotten wood 2. Plumbing work as needed 3. Electrical work as needed 4. Heating and air conditioning, including insulation and ceiling fans 5. Replacement of doors, garage doors, and windows, if in poor condition 6. Replacement of kitchen cabinets and countertops, if in poor condition with plastic laminate type 7. Patching or replacement of dry wall as needed 8. Painting, only as part of larger rehabilitation work 9. Replacement of rotted siding 10. Replacement of bathroom tubs, lavatories, and sinks, as needed to bring the units to a safe and sanitary standard 11. Replacement of kitchen sinks as needed 12. Pressure wash, only to prepare for any allowed painting or repair 13. Driveway/culvert (only if no driveway exists) 14. Repairs to make a house accessible for a disabled member of a household 15. Repair or replacement of septic tank, lift station, drain field or private well as required by the public health department 16. Termite repairs and treatment 17. Installation of Aluminum storm window shutters 18. Installation of gutters 19. Hurricane Mitigation work activities 20. Replacement of water heater as needed (including solar panels for a water heater) 21. Other repairs as required by the building department to bring the house up to current minimum housing code 22. Replacement of stairs as needed 23. Application of green building standards to increase the energy efficiency of the unit 24. Repair of permitted porch to make it safe 25. Replacement of range hood if existing one is not working; installation if none existing 26. Repair or replacement of existing smoke alarm and/or carbon monoxide alarm; installation if none existing 27. Plastic screen, metal screen, or metal mesh for soffit vents 28. Other needed rehabilitation work approved by the SHIP administrator 29. Replacement of flooring with the same existing flooring type (tile floor in a wet area such as kitchen and bathrooms only) 30. Mold and mildew remediation that is not covered by the homeowner's insurance. 31. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible Following rehabilitation work activities are NOT eligible for SHIP funding: 1. Appliances 2. Wood flooring 3. Sauna or Hot Tub 4. Tile floor or wall (except in wet areas such as kitchen and bathrooms) 5. Patio and porch addition 6. Painting which is not part of larger rehabilitation work 7. Building a garage or any house addition 8. Landscaping, sodding, and similar work 9. Any kind of cosmetic work 10. Swimming pool and similar facilities 11. Tile or slate roofing 12. Hardi plank siding unless replacing existing portions 13. Fence Rehabilitation loan amounts shall be based upon a minimum of two written licensed contractor estimates for the exact same scope of work, identifying all necessary rehabilitation work and the expected costs of the rehabilitation work. One bid may be allowed at the discretion of the LHAP Administrator. Contractors' estimates for major rehabilitation work must be based on a work write-up prepared by the county designated inspector. The applicant shall choose one of the contractors to complete the identified rehabilitation work provided that the contractor cost estimate does not exceed 110% of the estimate provided by the county designated inspector. When there is no work write-up applicant must receive two comparable bids for the exact same job from two licensed contractors. In this case, the applicant shall choose one of the acceptable bids provided that the contractor's cost estimate does not exceed 5% of the average of all bids received. Where the proposed rehabilitation is minimal or involves specific activities such as 45 replacement of a septic tank, replacement of A/C, roof, window shutters and other similar work, there may be no work write-up. In such cases the applicant must contact licensed contractors, obtain at least two comparable bids for the exact same job and submit the bids to the county. i Once the contractor estimate is selected and the rehabilitation loan amount including contingencies established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the rehabilitation work."Change orders must be approved by the county designated inspector and/or local housing assistance program staff. The county will order a title search for each rehabilitation property. The county will use the title search results to ensure that all property taxes are current and that there are no delinquent liens or judgments against the property or the property owner(s). Any liens/mortgages identified on the county title search requires proof/documentation that the lien/mortgage is current. 1 The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all rehabilitation work activities. The funds for rehabilitation loans of less than $5,000 shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. Funds for rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed five draws total, based upon the'completion of individual components of the rehabilitation work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw of funds shall not be less than $5,000 and it shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. The contractor must submit an invoice, a copy of the final inspection report, signed and notarized contractor's final affidavit, contractor final waiver of lien, and sub -contractor's final waiver of lien (if any). Staff will make sure that the final draw is not less than $5,,000 by keeping track of all draw requests. No SHIP funds will be paid for any work completed prior to the county's notice to proceed. Rehabilitation loans can be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, and other state and federal programs as appropriate. h. Additional Information: i. Geographic Area I Rehabilitation loans may be made anywhere in the county, including all municipalitieslocated within the county; ii. Housing Unit Classification 46 Eligible housing units receiving rehabilitation loans must be owner - occupied single-family, or condominium residences. Mobile homes are not eligible; and Residential Hurricane Mitieation: I The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding $294,601. Applications will be reviewed on first qualified, first served basis. Applications, however, will be approved based on first application completed, first application to receive funding. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the' roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors i B. Purchase Assistance with Rehabilitation Loans (Code #1) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. b. Fiscal Years Covered: FY 2021-2022, FY 2022-2023, and FY 2023-2024 C. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d.. Maximum Award: Income Category Purchase Assistance Portion Rehab Portion Max. Total Very Low $20,000 $12,000 $32,000 Low $15,000 $11,500 $26,500 Moderate $10,000 $11,000 $21,000 47 e. Terms, Recapture, Default: Purchase assistance with rehabilitation loans are deferred payment 20 year loans for the purchase assistance portion and deferred payment 10 year loans for the rehabilitation portion, both secured by a mortgage and note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 3% simple annual interest rate for Purchase Assistance with Rehabilitation loans. After 20 years for purchase assistance and after 10 years for rehabilitation assistance; the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: Income; ii. Employment; iii. Assets; iv. First time Homebuyer Status; V. Credit Verification and/or approval from the financial institution that is granting the first mortgage; vi. Approval of first mortgage from a financial institution; vii. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyet's Educational Workshop Certificate); and viii. Disability Status. g. Bonsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance with 'rehabilitation loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification All housing units shall be owner -occupied single family or condominium residences; iii. Purchase assistance loans can be given in combination with a rehabilitation or impact fee loan, for purchase of existing homes or combination with an impact fee/capacity charge loan for construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance with rehabilitation funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front end ratio) may be up to 35% as long as the back end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant such as the applicant's debts being short term, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low income Habitat for Humanity applicants, a household's monthly housing cost to income ratio (front end ratio) shall not fall below 20%. Because. Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front end ratio may be as low as 17%. Housing units constructed as new units, within one calendar year, substantially rehabilitated within one (1) calendar year prior to purchase, or units to be rehabilitated in conjunction with the purchase assistance loans shall be classified as constructed,. rehabilitated, or repaired units; Indian River County has a lending consortium, consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members 49 waive certain fees and charge interest rates close to the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation 30 to 60 day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance with rehabilitation loans, the number of points, which may be charged by the financial institution providing the first mortgage, shall be as follows: • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender, does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance with rehabilitation loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance with rehabilitation loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation_ Pilot Program (CWHIP), and other applicable State or Federal Programs. vii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $294,601. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: 50 Requirements for a Refinanced First Morta e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed assoc � ated with the refinancing. No cash out to applicant ix. Partial Loan Payment I The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%' C. Purchase Assistance without Rehabilitation Loans (Code #2) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. Purchase assistance loans without rehabilitation are intended to be used by applicants that find new homes that do not need any rehabilitation. b. Fiscal Years Covered: FY 2021-2022,,FY 2022-2023, and FY 2023-2024 , C. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51:780% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum Award: Very Low -Income Person $20,000 Low -Income Person $15,000 Moderate -Income Person $10,000 e. Terms, Recapture, Default: I Purchase assistance loans are deferred'payment 20 year loans secured by a mortgage and 51 note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 3% simple annual interest rate for Purchase Assistance loans. After 20 years the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: ix. Income; X. Employment; xi. Assets; xii. First time Homebuyer Status; xiii. Credit Verification and/or approval from the financial institution that is granting the first mortgage; xiv. Approval of first mortgage from a financial institution; xv. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate); and xvi. Disability Status. g. Sponsor Selection Criteria: N/A h. Additional Information: L Geographic Area Purchase assistance loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification All housing units shall be owner -occupied single family or condominium residences; - 13 - 52 iii. Purchase assistance loans can be given in combination with an impact fee/capacity charge loan for construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front end ratio) may be up to 35% as long as the back end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant such as the applicant's debts being short term, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low income Habitat for Humanity applicants, a household's monthly housing cost to income ratio (front end ratio) shall not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front end ratio may be as low as 17%; Housing units constructed as new units, within one calendar year, substantially rehabilitated within one (1) calendar year prior to purchase shall be classified as new units; Indian River County has a lending consortium, consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and "charge interest rates close to the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation 30 to 60 day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance loans, the number of points, which may be charged by the financial institution providing the first mortgage, shall be as follows: 53 • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above • For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWHIP), and other applicable State or Federal Programs. viii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $294,601. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Morta e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed associated with the refinancing. 54 No cash out to applicant X. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%.. D. Owner Occupied Emerggngv Rehabilitation Loans (Code #6) a. Summary of the Strategy: To fund all or a portion of the cost encountered for emergency repair of existing owner - occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in cases where the health department, a jurisdiction's building official, or SHIP administrator utilizing a SHIP inspector's inspection results determine that a structure or other items such as a septic tank is in such condition that it threatens the occupant's health or safety. b. Fiscal Years Covered: FY 2021-2022, FY 2022-2023, and FY 2023-2024 c. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81-120% of median income) d. Maximum Award: The maximum monetary award for an emergency repair loan shall not exceed: Up to $25,000 per single family or a condominium -housing unit. e. Terms, Recapture, Default: Emergency rehabilitation loans are deferred payment 10 year loans secured by a mortgage and note (5 years in conjunction with CDBG funding). The repayment of funds awarded as an emergency rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years without CDBG funding, 5 years with CDBG funding), or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 3% simple interest rate for emergency rehabilitation loans. After 10 years without CDBG funds, or 5 years with CDBG funds, the original loan amount and accumulated interest will be forgiven. 55 Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon death of homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on 'ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: i. Emergency needs identified by a building official, health department, or SHIP administrator ii. Income First time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current and the property must not be in a foreclosure process. g. Other Emergency Rehabilitation Loan Requirements: The county's SHIP Program anticipates providing emergency rehabilitation loans to eligible very low income, low-income, and moderate income households to fund all or a portion of the cost of emergency repair for existing single-family or condominium owner occupied housing units. Emergency repair loans will not be awarded for repair work previously completed. All emergency repair work must be performed by licensed contractors. Applicants must first apply to their own home insurance for needed repairs. Emergency rehabilitation loans may be awarded, if needed, for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Emergency repair loans may not be awarded in combination with purchase assistance loan assistance. Emergency rehabilitations eligible for SHIP funding are limited to weatherization activities and repair activities to prevent further damage to the house. Weatherization means materials or measures and their installation which are used to improve the thermal efficiency of a residence. SHIP funds may be provided for emergency repairs with at least two written licensed contractor estimates and an expedited approval process. The contractor with the lowest bid will be awarded the job. Emergency rehabilitation loans may be awarded for the following rehabilitation work activities. i. Roof repair and shoring activities to protect and stabilize housing unit ii. Plumbing work found to be unsafe by a jurisdiction's building official or his designee 17 - iii. Electrical work found unsafe by a jurisdiction's building official or his designee iv. Repair of septic tank, lift station, drain field or private well as required by the public health department v. Demolition of unsafe structures as determined by the jurisdiction's building official vi. Mold and mildew remediation that is not covered by the homeowner's insurance vii. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible For any other rehabilitation needs the applicant may apply under regular rehabilitation loan assistance strategies. Emergency rehabilitation loan amounts shall be based upon the lowest written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. Once the contractor estimate is selected and the emergency repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Department of Health or Building Department for all repair activities. The funds for emergency rehabilitation loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department that all required repair activities for the eligible housing unit are completed. Funds for emergency rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Emergency rehabilitation loans may be leveraged with private funds, Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, or other state and federal programs as appropriate. h. Additional Information: L Geographic Area 57 Emergency rehabilitation loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving emergency rehabilitation loans must be owner -occupied single-family or condominium residences. Mobile homes are not eligible. E. Disaster Mitigation Loans (Code #S) a. Summary of the Strategy: To fund all or a portion of the cost encountered for disaster related repair of existing owner -occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in the event of a disaster declared by state or federal executive order. This strategy will be implemented only in the event of a disaster using any funds that have not yet been encumbered and/or additional disaster funds issued by the Florida Housing Finance Corporation. b. Fiscal Years Covered: FY 2021-2022, FY 2022-2023, and FY 2023-2024 C. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award for a disaster mitigation repair loan shall not exceed: Up to $30,000 per single family or a condominium -housing unit. e. Terms, Recapture, Default: Disaster mitigation repair loans are deferred payment 10 year loan secured by a mortgage and note. The repayment of funds awarded as a disaster mitigation repair loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years) or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 3% simple interest rate for disaster mitigation repair 10 year loans. After 10 years the entire loan amount and accumulated interest is forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: L Disaster related rehabilitation needs ii. Income Eligibility iii. Disability Status To expedite approval process, a Disaster Self Certification of Income Form may be utilized. g. Other Disaster Mitigation Repair Loan Requirements: The county's SHIP program anticipates providing disaster repair 10 year loans to eligible, very low income, low-income, and moderate income households to fund all or a portion of the cost of disaster repair for existing single-family or condominium owner occupied housing units. Disaster repair loans will not be awarded for repair work previously completed. All disaster repair work must be performed by licensed contractors. Disaster loans may not duplicate repairs that may be done by the resident's homeowners insurance, FEMA, and similar assistances. Disaster repair loans may be awarded if needed for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Disaster repair loans may not be awarded in combination with a purchase assistance loan. Disaster repair loans will be used in the event of a natural, state, or federally declared disaster. SHIP funds may be provided for disaster associated repairs with only one written licensed contractor estimate and expedited approval process. Disaster repair loans may be awarded only for rehabilitation work activities related to a declared emergency or disaster. Disaster repair loans may be awarded for the following rehabilitation work activities. i. Purchase of emergency supplies for eligible households to weatherproof damaged homes; ii. Interim repairs to avoid further damage; tree and debris removal required to make the individual housing habitable; iii. Construction of wells or repair of existing wells where public water is not available; iv. Payment of insurance deductibles for rehabilitation of homes covered under homeowner insurance and homeowner association policies; v. Repair or replacement of septic tanks damaged through a disaster; or 59 vi. Other activities as proposed by the county and approved by Florida Housing Finance Corporation. For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Disaster repair loan amounts shall be based upon a written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. The applicant shall choose a licensed contractor to complete the identified repair work. Once the contractor estimate is selected and the disaster repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Building Department for all repair activities. The funds for disaster repair 10 year loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. Funds for disaster repair 10 year loans of $5,000 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000.00 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Disaster repair loans may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, FEMA funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Disaster repair loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving disaster repair 10 year loans must be owner -occupied single-family, or condominium residences. Mobile homes are not eligible. - 21 - 60 F. Impact Fee/Capacity Charge Loans (Code #8) a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: FY 2021-2022, FY 2022-2023, and FY 2023-2024 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income). Low -Income Persons (between 51-80% of median income). Moderate -Income Persons (between 81-120% of median income) in conjunction with down payment/closing cost loans only. d. Maximum Award: The county provides loans for the actual amount of impact fees and capacity charges, not to exceed $20,000 per unit for the cost of impact fees and/or capacity charges. e. Terms, Recapture, Default: Impact fee/capacity charge loans are deferred payment 10 year loans (5 years in conjunction with CDBG funding) secured by a mortgage and note whereby repayment of the entire loan and accumulated interest will be forgiven after 10 years of occupancy (5 years with CDBG funding). There will be 3% simple annual interest rate for impact fee/capacity charge loans. The repayment of funds awarded as an impact fee/capacity charges loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the unit's affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. In these cases, repayment of the entire original loan amount and accumulated interest is required. Program income funds will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon death of homeowner). SHIP Deferred Payment Loans (DPL), in conjunction with CDBG funded projects, will be forgiven in 5 years or upon death of the homeowner, whichever comes first. 61 f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Homebuyer Status V. Disability Status As needed, applicants may apply for a capacity charge loans when water or sewer service becomes available. First time applicants will be given priority over previously assisted persons. Exceptions may be made :for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current and property must be free of code enforcement liens. g. Sponsor Selection Criteria: Non-profit organizations or for-profit developers may utilize this strategy only when the impact fee/capacity charge loan is a match for another housing program, such as the CDBG Program, Home Investments Partnership (HOME), Low Income Housing Tax Credit Program (LIHTC), State Apartment Incentive Loan Program (SAIL), Multi -Family Mortgage Revenue Bond Program, or other state and federal housing programs. Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program shall be selected according to the following criteria: i. Ability to proceed with the construction or rehabilitation activities and receive a certificate of occupancy within one year of the closing transaction date; ii. Number of units provided per year; iii. Ability to provide maximum leverage against SHIP funds; iv. The length of time the organization has been in Indian River County; v. Experience in the development of affordable housing; vi. The non-profit organization must be an entity with current 501(c)(3) tax-exempt status. h. Additional Information: i. Geographic Area Impact fee/capacity charge loans may be made anywhere in the county, including all municipalities located within the county; 62 ii. Housing Unit Classification; All housing units shall be owner -occupied; and iii. Impact fee/capacity charge loans may be given in combination with purchase assistance or rehabilitation loans. G. New Construction Federal or State Programs Matching Loans (Code #21) a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: FY 2021-2022, FY 2022-2023, and FY 2023-2024 C. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award will be up to $100,000 for each LIHTC project or it is capped at a maximum of $25,000 per unit. These amounts may be administratively lowered by SHIP staff with Loan Review Committee approval if limited SHIP funds are available (due to a larger waiting/que list than funds available) and/or if a lower award amount will achieve the same point outcome for federal or state housing programs funding for development of rental affordable housing projects. Terms, Recapture, Default: The federal and state programs matching loans are Deferred Payment Loans (DPL). The county will sign agreements with developers for performance of the loan. This DPL is secured by a recorded subordinate mortgage and note. The entire loan amount and interest accumulated will be 'forgiven after 10 years of compliance with federal and State housing program requirements. The compliance period for developments receiving SHIP funds as a match for any state and/or federal funds will be consistent with applicable state and federal fund requirements for 10 years of affordability. Monitoring of these developments will be done through the appropriate state or federal programs. The repayment of funds awarded as a matching loan is not required as long as the project is constructed and meets the federal or state housing program requirements, except in cases where the assisted housing has changed to a market rate prior to expiration of the affordability period. In that case, the entire original loan amount is due and payable. 63 There will be a 3% interest rate for matching loans. Recaptured funds will be deposited in the county's affordable housing trust fund. f. Sponsor Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state application to the appropriate agencies to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: 1. Capacity and Capability to Carry -out Project 2. Scale of Project/Utilization of Density Bonuses 3. Experience in Completing Similar Projects 4. Use of Personnel from Wages and Workforce Development Programs 5. Leveraging 6. Site Control 7. Neighborhood Compatibility with Area Redevelopment Plan 8. Creation of Mixed Income Communities 9. Recapture Provisions 10. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools 11. Incorporation of Transit -Oriented Design 12. Attractiveness of Design 13. Multistory Buildings Must Have Elevators and be ADA Compliant 14. Use of Green Building Techniques g. Additional Information: Developers receiving assistance from both SHIP and the Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, State or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C.; ii. Geographic Area Matching loans may be made anywhere in the county, including all municipalities located within the county. iii. Housing Unit Classification 64 Exhibit I Eligible housing units provided by federal or state housing funds may be rented or owner -occupied. FACommunity Development\SHIP\LHAP\2021-2024 LHAP\Submission to State 3-26-21\Guidelines, Procedures, and Strategies 2021-2022,2022- 2023,2023-2024-2-9-21.docx 65 Ir Informational Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 9, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Residential Paper Shredding Event on Saturday, April 17, 2021 This is to remind Indian River County residents that. the Solid Waste Disposal District (SWDD) will be partnering with Southeast Secure Shredding and Waste Management to host the Spring Residential Paper Shredding Event on Saturday, April 17, 2021. All residents of Indian River County are invited to bring up to 3 boxes/bags of paper (up to 35lbs. each) to be shredded and recycled at no cost. The event will be held from 9 am to 2 pm at Southeast Secure Shredding located at 3910 U.S. Highway 1 in Vero Beach. From This: To This: _ry ., 2 i. A 1W Recycled Into This'. Brought tb you by IRC Solid'Waste DUplosal District FREEResidential Paper Shredding Event Yourdocuments will be securely shredded Shredded paper cannot be recycled curbside and by certified professionals at No Charge! should never be placed In your blue recyciing cart. . Maximum 3 boxes/bags per vehicle, one time through only (weighing up to 35 Ibs each). That's o S40 value/ Saturday, April 17.2021 • Limited to the first 800 cars. 9 am, to 2 pm • Staples and paperclips are acceptable, but please Southeast Secure Shredding remove all binders and hanging folders. 3910 u5 1 -Vero Beach• Pre -shredded paper is acceptable (up to 3 bags). . • IRCRESIDENTS ONLY No businesses lease LCM p 66 SWDD Agenda - Page 1- 7C MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 7, 2021 SUBJECT: Environmental Control Hearing Board Committee Resignation -Vacancy On March 26, 2021, Christopher Murphy submitted his email resignation as the "Member -at -Large; Citizen not holding elective office" to the County Attorney Office. Mr. Christopher Murphy's term expires in January 2023. Anyone interested in serving on the Environmental Control Hearing Board, and meeting the requirements for the "Member -at -Large; Citizen not holding elective office" representative, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircgov.com/boards/committee-applications, or at the Board of County Commissioner's Office. ATTACHMENT(S). • March 26, 2021, Christopher Murphy's email resignation DR:cm 67 Christina Moore i From: Chris Murphy <cmeng2@att.net> Sent: Friday, March 26, 2021 12:47 PM To: Christina Moore Subject: Re: Request for Updated Committee Application and Resume I CAUTION: This message is from an external source. Please use caution when opening attachments or clicking finks. Hello Christina. I am going to need to step down from the board due to some other commitments I now have. Do you still need the form? Please let me know. Thank you On Monday, March 15, 2021, 01:49:57 PM. EDT, Christina Moore <cmoore @ ircgov.com> wrote: Good afternoon: In reviewing our files, it was noted that your application and `resume on file is approximately 2 years old. Could you please provide•us with an updated application and resume? Below is a link to the application for your convenience. Please let me know if you have any questions. www.ircgov.com/Boards/Committee Application.pdf_ Christina Moore, ACP, C.Psy.D. Advanced Certified Paralegal Legal Assistant Office of County Attorney — Indian River 180127 1h Street Vero Beach, Florida 32960-3365 (772) 226-1405 ph; (772) 569-4317 - fax cmoore@ircgov.com 1 68 o INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE:. April 6, 2021 SUBJECT: Jody H. Oliver's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-20-02-01 / 2019080148-85940] (Burlingham AOE) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 13, 2021. DESCRIPTION, CONDITIONS, & ANALYSIS: Carter Associates, Inc., on behalf of Jody H. Oliver, as Trustee, the owner of the subject property, submitted an application for an Affidavit of Exemption (AOE). The project consists of six lots on 30.82 acres of land situated on the north side of 65th Street, approximately one-half mile west of 66th Avenue (Attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 dwelling unit/5 acres), and has an AG -1 Agricultural -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that limited access easements will be required along the project's 65th Street frontage, except for three shared driveways that will provide access to the six lots. In addition, 30' of right-of-way (ROW) needs to be dedicated for 65th Street to complete the 60' wide local road minimum. The purpose of the limited access easements is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easements to the Board will allow the County to enforce use of the common entrance connections to 65th Street for all lots within the Burlingham AOE. Normally an AOE may be approved at staff level; however, dedication of 5' limited access easements and 30' of 65th Street ROW to the Board requires Board acceptance of the easements and ROW. Once accepted by the Board, staff may concurrently approve the AOE and the appropriate documents may be recorded in the public records. The recordable Burlingham AOE plan accurately depicts the required ROW dedication and limited access easements, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. Also, the 69 dedication language has been reviewed and approved by the County Attorney's office. The Board may now consider acceptance of the dedication of the limited access easements and ROW from the property owner as part of the AOE approval. RECOMMENDATION: Based on the provided analysis, staff recommends that the Board of County Commissioners accept the dedication of the limited access easements and ROW, and authorize the chairman to execute the subject Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. 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QO UNO UO F G O m x�S LC'l95 3IF,CLW N 46'689 3 .l£,fLW (d) ,If'IfCI M ,If,FLW 5 a_ N a O a .. m c�i Aga` �tls' p0 5¢ ati g arc LI`:�V,� �'�,7/�I;•1�. a Hrym �mw yig� z W 1 \ 11 w rvo 3 .GZ.90.00 I I MaliINDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., '.Public Works Director FROM: Jill Williams, Contract Support Specialist i SUBJECT: FDOT Small County Outreach Program (SCOP) Agreement and Resolution for ,Construction and Construction and Engineering Inspection (CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1 to 21st Street - Project No. IRC -1638, FM No. 438074-1-54-01 DATE: March 30, 2021 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in Ithe amount of $1,06.1,672 for the Construction and Construction Engineering Inspection (CEI) Services for milling and resurfacing 611 Avenue from SR-5/US 1 to 21St Street (estimated total cost for the project is $2,039,152). The proposed improvements will include milling, resurfacing and pavement markings, along with drainage improvements. The County's portion is estimated to be $977,480. 1 FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $1,061,672 of the total cost for the project. Funding for the County's cost share in the amount of $977,480 of the estimated cost is budgeted in Account No. 10921441-053360-19008/Secondary Roads/6T" Avenue Resurfacing US1 to 211t Street. RECOMMENDATION Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS Indian River County Grant Form Authorizing Resolution FDOT Small County Outreach Program (SCOP) Agreement FM No. 438074-1-54-01 APPROVED AGENDA ITEM FOR APRIL 13. 2021 73 GRANT NAME: FDOT Small County Outreach Program (SCOP) CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR 6TH AVENUE FROM SR-5/US-1 TO 21ST STREET. GRANT # 438074-1-54-01 AMOUNT OF GRANT: $1,061,672.00 DEPARTMENT RECEIVING GRANT: Public Works i CONTACT PERSON: James W. Ennis. P.E. PMP, County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December31.2023 2. Does the grant require you to fund this function after the' grant is over? 3. Does the grant require a match? i If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 47.935 I 5. Grant match amount required $ 977.480 1 Starting Date: Once FDOT issues NTP Yes X No X Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes _2�_No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 977,480 Signature of Preparer: Date: Grant Amount Other Match Costs Not Covered Match Total First Year $ 1,061,672 $ $977,480 $ 2,039,152 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ ' $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: RESOLUTION NO. 2021 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION .(CEI) SERVICES FOR 6TH AVENUE FROM SR-5/US-1 TO 21ST STREET. WHEREAS, the milling and resurfacing of 6th Avenue from SR5/US-1 to 21St Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the construction (milling and resurfacing) and CEI .of 6th Avenue from SR5/US-1 to 21St Street, as well as minor drainage improvements and pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the resolution passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 75 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i I 525-010-60 PROGRAM MANAGEMENT 10/2020 i FPN: 438074-1-54-01 Fund: GRSC, SCOP FLAIR Category: 085576 Org Code: 5504 30 10 404 FLAIR Obj: 751000 FPN: FPN: Fund: FLAIR Category: Org Code: I FLAIR Obj: Fund: Org Code: County No:88 Contract No: FLAIR Category: FLAIR Obj: Vendor No: VF596-000-679 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on I (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER COUNTY, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: i 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority , Insert Fundinq Prograrn Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this,Agreement is to provide for the Department's participation in Construction (Milling and Resurfacing) and Construction Enqineerinq Inspection (CEI) Services for 6T" Ave. from SR-5/US-1 to 21 st Street, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and. completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31, 2023. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the 76 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $2,039,152.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,061,672.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B". The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: -i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; 77 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. 78 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 10/2020 If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency.! The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of 'costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Departmeht for a proper audit of costs. i h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient.' See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds.; Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services toibe rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 79 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, :ih STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible. charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not 81 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department -owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit "O", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. L The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted :in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and 82 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 10/2020 financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: L In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules'of the Auditor General. Exhibit "J", State Financial Assistance (Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 21.5.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida .Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the, Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: RN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(cDdot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email; flaudgen localgovt(a)aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law,, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers,- agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights 85 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 1012020 granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein 86 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT 10/2020 shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable. state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes L This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. 87 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT loizozo c. ❑ Alternative Advance Payment Financial Provisions are used on.this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit O, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. f. ❑ The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated into this Agreement: g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements *Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance (Florida Single Audit Act) *Exhibit K: Advance Project Reimbursement *Exhibit O: Terms and Conditions of Construction in Department Right -of -Way *Additional Exhibit(s): Exhibit P - STATE =FUNDED GRANT AGREEMENT ADDENDUM *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. ATTEST: BOARD OF COUNTY COMMISSIONERS Jeffrey R. Smith, Clerk of Court & Comptroller INDIAN RIVER COUNTY Name of RECIPIENT) BY: Deputy Clerk BY: TITLE: CHAIRMAN Print Name: Joseph E. Flescher Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY: `Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Date: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: See attached encumbrance form for date of Funding approval by Comptroller. Page 14 of 14 89 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 438074-1-54-01 This exhibit forms an integral part of the Local Agency ;Program Agreement between the State of Florida, Department of Transportation and INDIAN RIVER COUNTY (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 1.814 Miles. 6TH AVENUE FROM SR-5/US-1 (MP 0.000) TO 21ST STREET (MP 1.814) PROJECT DESCRIPTION: Milling, resurfacing and pavement markings along with drainage improvements on 61' Avenue from SR-5/US-1 to 21st Street. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by December 31, 2023. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: The CEI consultant cannot be the Engineer of Record (EOR) for the project. The Department will not execute this Agreement, until the final plans, for the Project, have been approved and until all construction work including a Maintenance map is showing all resurfaced areas are within the existing right of way. In addition, the County will not be able to proceed with construction of the project, until the Department provides the Recipient Notice to Proceed. 90 EXHIBIT A DELIVERABLES 438074-1-54-01 6TH AVENUE FROM SR-5/US-1 TO 21ST STREET Pay ItemItem Number Description T Quantity Unit ROADWAY 01011 MOBILIZATION 1 LS 01021 MAINTENANCE OF TRAFFIC 1 LS 01041 EROSION CONTROL i 1 LS 011011 STANDARD CLEARING AND GRUBBING 13.5 AC 0110410 REMOVAL OF EXISTING CONCRETE PAVEMENT/REMOVAL OF EXISTING CONCRETE 1,220 SY 01201 REGULAR EXCAVATION 313 CY 01206 EMBANKMENT 156 CY 01604 STABILIZATION TYPE B 20 SY 02861 TURNOUT CONSTRUCTION/DRIVEWAY BASE - OPTIONAL MATERIALS I 20 SY 0327 70 6 I MILLING EXISTING ASPHALT PAVEMENT (1-1/2" AVG DEPTH) 39,457 SY 0337783 ASPHALTIC CONCRETE FRICTION COURSE (TRAFFIC C) (FC 12.5) (PG 76-22) 4,053.2 TN 0400011 CONCRETE CLASS NS, GRAVITYiWALL 1.33 CY 0425 15 52 I INLET TOP, REPLACE, DITCH BOTTOM INLET 1 EA 051512 PIPE HANDRAIL - GUIDERAIL, ALUMINUM 14 LF 0520110 CONCRETE CURB & GUTTER, TYPE F 879 LF *0522 2 CONCRETE SIDEWALKS & DRIVEWAYS, 6" THICK (3,000 PSI FIBERMESH REINFORCED) 3,158 SY 05272 DETECTABLE WARNINGS 948 SF 57012 PERFORMANCE TURF, SOD (BAHIA) 1,533 SY SIGNALIZATION & ITS *0630 2 11 CONDUIT, FURNISH & INSTALL, OPEN TRENCH 3,044 LF *0630 2 12 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE 7,870 LF *0632 7 1 SIGNAL CABLE - NEW OR RECONSTRUCTED INTERSECTION, FURNISH & INSTALL 1 3 PI 91 Pay Item Number Item Description ' , Quantity Unit *0633 1 123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS 12,918 LF *0635 2 11 PULL & SPLICE BOX, F&I, 12" x'24" COVER SIZE 54 EA *0635 2 12 PULL & SPLICE BOX, F&I, 24" x136" COVER SIZE 25 EA *0635 2 13 PULL & SPLICE BOX, F&I, 30" x'60" RECTANGULAR OR 36" ROUND COVER SIZE 7 EA *0646 111 i ALUMINUM SIGNALS POLE, PEDESTAL 4 EA *0646 112 ALUMINUM SIGNALS POLE, FURNISH & INSTALL PEDESTRIAN DETECTOR POST , 5 EA *0646 160 ALUMINUM SIGNALS POLE, REMOVE 4 EA *0653 111 PEDESTRIAN SIGNAL, FURNISH& INSTALL LED COUNTDOWN, 1 WAY i 7 AS *0653 112 PEDESTRIAN SIGNAL, FURNISH & INSTALL LED COUNTDOWN, 2 WAYS 4 AS *0653 160 PEDESTRIAN SIGNAL, REMOVE PED SIGNAL-POLE/PEDESTAL TO REMAIN 9 AS *0665 111 PEDESTRIAN DETECTOR, FURNISH & INSTALL, STANDARD 15 EA *0665 140 PEDESTRIAN DETECTOR, RELOCATE 1 EA *0665 150 PEDESTRIAN DETECTOR, ADJUST/MODIFY ON EXISTING POLE 1 EA *0665160 PEDESTRIAN DETECTOR, REMOVE-POLE/PEDESTAL TO REMAIN 1 8 EA *0676 1500 TRAFFIC SIGNAL CONTROLLER CABINET, ADJUST/MODIFY 3 EA SIGNING AND. PAVEMENT MARKINGS 0700111 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF 1 AS 0700 150 SINGLE POST SIGN, RELOCATE I ! 6 AS 070611 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE MARKINGS 699 EA 071090 PAINTED PAVEMENT MARKINGS, FINAL SURFACE 1 LS 0711 11123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT 2,894 LF 0711 11125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINES AND CROSSWALK 674 LF 0711 11160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL 71 EA 0711 11170 THERMOPLASTIC, STANDARD, WHITE, ARROWS 34 EA 0711 11224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONALS AND CHEVRONS i 221 LF 0711 16101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6" 3.410 GM 92 Pay Item Item Description Quantity Unit Number THERMOPLASTIC, OTHER SURFACES, WHITE, SKIP, 6", 10-30 0711 16131 SKIP OR 3-9 LANE DROP 0.032 GM THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, 0771 16201 SOLID, 6" 3.444 GM THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, 0711 16231 SKIP, 6" 0.112 GM *1080 21108 UTILITY FIXTURE, VALVE BOX, FURNISH & INSTALL, 8" 0 *0999 1 AS BUILT DRAWINGS (BY REGISTERED SURVEYOR) 0 (*) = Non -Participating items CEI CLASSIFICATIONS Ass Public Works Dir Roadway Prod Mgr Sr. Inspector Inspector 93 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 438074-1-54-01 1801 27TH STREET VERO BEACH, FL 32960 I. PHASE OF WORK by Fiscal Year: FY 2021 FY2022 FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 - % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A' or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 1,797,126.83 $ 242,025.00 $ 0.00 $2,039,151.83 Maximum Department Participation - (SMALL COUNTY 75% 75% % 75% OUTREACH PROGRAM) or $ 819,647.00 or $ 242,025.00 or $ or $ 1,061,672.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") 25% % % 25% or or or or $ 977,479.83 $ 0.00 $ 0.00 $977,479.83 In -Kind Contribution $ 977,479.83 $ $ $ 977,479.83 Cash $ $ $ $ 0.00 Combination In-Kind/Cash I $ $ $ $ 0.00 94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE COST_ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C Corredor District Grant Manager Name Signature Date Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A°) % or $ 0.00 % or $ 0.00 % or $ 0.00 % or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST- $1,797,126.83 $242,025.00 $0.00 $2,039,151.83 COST_ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C Corredor District Grant Manager Name Signature Date STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION:CONSTRUCTION (MILLING AND RESURFACING) AND CEI OF 6TH AVENUE FROM SR-5/US-1 TO 21ST STREET FPID#: 438074-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL:. By: P: E. Name: Date: 96 STATE -FUNDED GRANT AGREEMENT EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. Page 1 of 1 97 STATE -FUNDED GRANT AGREEMENT I EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts i Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for. cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. I Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must The includes submission of the claim on the supporting receipts and invoices. in accordance with s. 112.061, F.S., which approved state travel voucher along with Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts 'which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. 98 Page 1 of 2 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/`documents/ReferenceGuideforstate Expenditures.pdf. 99 STATE -FUNDED GRANT AGREEMENT Page 1 of 1 EXHIBIT J STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑.County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $1,061,672.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: hftps:Happs.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/searchComr)liance.aspx The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/compliance.aspx 100 EXHIBIT P STATE -FUNDED GRANT AGREEMENT ADDENDUM THIS STATE -FUNDED GRANT AGREEMENT ADDENDUM ("Addendum") is made and entered into by and between the State of Florida Department of Transportation ("Department") and INDIAN RIVER County, Florida ("Recipient"). -RECITALS- 1. The terms and provisions set forth in this Addendum are incorporated in and made part of the State -Funded Grant Agreement, Financial Project Number: 438074-1-54-01 ("Grant Agreement") executed contemporaneously; and 2. This Addendum shall be merged into and made part of the Grant Agreement and both documents shall be collectively referred to herein as the "Agreement"; and 3. The sole purpose of this Addendum is to revise the indemnification provision of the Grant Agreement; and 4. In the event of any conflict or inconsistency between the Grant Agreement and this Addendum, the provisions of this Addendum shall control. NOW THEREFORE, with full knowledge and understanding of the laws governing the subject matter of this Agreement, and in consideration of the recitals and the mutual covenants and conditions contained in this Agreement, the parties, intending to be legally bound hereby, acknowledge and agree as follows: 1. RECITALS AND EXHIBITS The above recitals are specifically incorporated by reference and made part of this Agreement. 2. EFFECTIVE DATE The "Effective Date" of this Agreement shall be the date the last of the parties to be charged executes the Agreement. 3. INDEMNIFICATION AND INSURANCE The parties specifically agree that Paragraph 14, Subsection C of the Grant Agreement is stricken in its entirety and replaced with the following: C. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relatingto, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder. This indemnification shall survive the termination of this Agreement." All other terms and conditions of the Grant Agreement shall remain unchanged and in full force and effect. 101 State -Funded Grant Agreement Addendum Page 1 IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereby execute this Agreement, consisting of two (2) pages, exclusive of exhibits. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("Department') By: Name: Title: LEGAL REVIEW BY: RECIPIENT By: Name: Title: LEGAL REVIEW BY: INTENTIONALLY LEFT BLANK 102 State -Funded Grant Agreement Addendum Page 2 1 • 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., PMP, Asst. Public Works Director FROM: Rob Skok, InfrastructurIe Project Manager i I SUBJECT: CR 512 Bridge Repairs (FDOT #884078 & #884079) Release of Retainage and Change Order No. 1, IRC -1727 DATE: March 30, 2021 DESCRIPTION AND CONDITIONS On August 18, 2020 the Board of County Commissioners awarded Bid No. 2020033 to Proshot Concrete, Inc. in the amount of $331,375.00 for the structural and non-structural repairs to support the rehabilitation of the Eastbound (FDOT#884078) and Westbound (FDOT#884079) CR 512 Bridges over the St. Sebastian River Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $25,456.80 for a final cost) of $305,918.20 and makes contract time adjustments. Proshot Concrete, Inc. has successfully completed the project and has been paid $290,622.29 with $15,295.91 held in retainage to date. Proshot Concrete, Inc. has submitted Contractor's Application for Payment No. 5 for final payment in the amount of $15,295.91 for release of retainage. FUNDING Funding in the amount of $15,295.91 is budgeted and available from the following accounts: Account Name Account No. Secondary Roads/Retainage 109-206000 Payable/ Proshot Concrete 103 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 5 to Proshot Concrete, Inc. in the amount of $15,295.91 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 5 2. Change Order No. 1 APPROVED AGENDA ITEM FOR April 13, 2021 104 I SECTION 00942 - Change Order Form i No. 1 I DATE OF ISSUANCE: 3/26/2021 EFFECTIVE DATE: 4/13/2021 OWNER: Indian River County CONTRACTOR Proshot Concrete, Inc. i Project: CR 512 Bridge Repairs (FDOT # 884078 & # 884079) OWNER's Project No. IRC -1727 I OWNER'S Bid No. 2020033 You are directed to make the following changes in the Contract Documents: Reason for Change Order: 1 The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $331,375.00 Net (decrease) of this Change Order: ($25,456.80) Contract Price with all approved Change Orders: $305,918.20 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 90 Final Completion: 120 Net (decrease) this Change Order: Substantial Completion: (days or dates) Final Completion: 8 8 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 98 Final Completion: 128 RECOMMENDED: Rob Skok By: PROJECT MANAGER (Signature) I Date: APPROVED: By: OWNER (Signature) Date: 105 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: CR 512 Bridge Repairs (FDOT #884078 & #884079) PROJECT NO: IRC -1727, BID NO. 2020033 Item No. Description Unit Unit Price Quantity Price Increase Price Decrease 121-70 I WCD #1 LS 19543.20 1.00 19,543.20 999-25 FORCE ACCOUNT I LS 45000.00 1.00 -45,000.00 s SUBTOTALS 19,543.20 -45,000.00 CR 512 Bridge Repairs (FDOT #884078 8r #884079) TOTAL ($25,456.80) 106 00310-1 FAPublic Works\ENGINEERING DNISION PROJECTS\1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Agenda Items\Project Closeout\IRC-1727_CO#1_20210413 .1 CONSENT 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: FDEP Grant Agreement 211111 (Vero Beach Restoration — Sector 5 Construction and Monitoring) DATE: March 31, 2021 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2020/2021 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. The FDEP has allocated $326,329.00 under Local Government Funding Request Grant 211111 as a cost share for construction and construction related monitoring expenses for Indian River County's Sector 5 Beach and Dune Restoration Project which completed construction in March of 2020 but requires post -construction monitoring to take place over the next 4 years. The attached agreement commits up to $326,329.00 in cost -share funding from FDEP to the County's local cost share of up to $373,196.00 and an estimated Federal funding allocation of up to $111,876.00 (Federal Emergency Management Act (FEMA) and Department of Emergency Management (DEM)), totaling up to $811,401.00 for construction and construction related monitoring expenses for the County's Sector 5 Beach and Dune Restoration Project. Cost -share is outlined in the below table. The agreement identifies Indian River County as the Local Sponsor, Natural Resources Manager Eric Charest as the project manager, and has an expiration date of June 30, 2023. Task # Eligible Project Task DEP Cost Share (%) FEMA and DEM Cost Share DEP Cost Share Local Cost Share Total 1 Construction 46.65% $ 111,876.00 $17,397.00 $19,895.00 $149,168.00 2 Construction 46.65% $208,634.00 $238,599.00 $447,233.00 3 Monitoring 46.65% $100,298.00 $114,702.00 $215,000.00 Total $ 111,876.00 $326,329.00 $373,196.00 $811,401.00 FUNDING Funding for construction related activities is available in the Sector 5 Beach and Dune Restoration Project Beach Restoration Fund/Sector 5 Beach Renourishment/Hurricanes Matthew, Irma and Dorian, Account # 12814472-066510-17001 and includes funding from the Local Option Tourist 107 Tax Revenue, FEMA Project Worksheets, and Local Government Funding Request Grant 191113 reimbursements. Funding for post -construction related monitoring activities is available in the Sector 5 Post -Construction Monitoring Fund Account # 12814472-033490-15021. Account Name Account Number Budgeted Amount Sector 5 Beach and Dune Restoration Fund 12814472-066510-17001 $258,494.00 Sector 5 Post -Construction Monitoring '. 12814472-033490-15021 $114,702.00 Total $373,196.00 RECOMMENDATION Staff recommends the Board approve FDEP Grant Agreement No. 211111 for up to $326,329.00 and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 211R1 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. FDEP Grant Agreement 211111 2. Indian River County Grant Form No. 211111 APPROVED AGENDA ITEM FOR: APRIL 13, 2021 108 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Aereement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Vero Beach Restoration - Sector 5 21181 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 i (Department) Grantee Name: Indian River County I Entity Type: Local Government Grantee Address: 180127th Street, Building A, Vero Beach, FL 32960 FEID: 59-60000674 (Grantee 3. Agreement Begin Date: I Date of Expiration: 1/1/2019 12/31/2023 4. Project Number: Project Location(s): (rfdi erent from Agreement Number) Indian River County p Project Description: The project consists of construction and post -construction monitoring. 5. Total Amount of Funding: $326,329.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal ! FY 20-21 GAA Line #1676 (LATF) $326,329.00 ❑ State ❑Federal { ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $326,329.00 6. Department's Grant Manager Grantee's Grant Manager Name: Patricia Wagner or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS #3601 Tallahassee, Florida 32399 Phone: 850-245-7546 Name: Eric Charest Address: Indian River County 1801 27th Street, Building A Vero Beach, Florida 32960 Phone: 772-226-1569 or successor Email: Patricia.Wagner@FloridaDEP.gov Email: echarest@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference:: { ® Attachment 1: Standard Terms and Conditions Applicable io All Grants Agreements ® Attachment 2: Special Terms and Conditions V Attachment 3: Grant Work Plan ® Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements j ❑ Attachment 6: Program -Specific Requirements { ❑ Attachment 7: Grant Award Terms'(Federal) *Copy available at httns://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ® Exhibit A: Progress Report Form i ❑ Exhibit B: Property Reporting Form { ® Exhibit C: Payment Request Summary Form ! ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. 21I111 I 11%v. 6/20/18 & The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Grantee Name Lo (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT LIM Secretary or Designee Date Signed Print Name and Title of Person Signing V Additional signatures attached on separate page. DEP Agreement No. 21IR1 1 Rev. 6/20/18 ORCP Additional Signatures I DEP Grant Manager I DEP QC Reviewer Local Sponsor may add additional signatures'if needed below. 111 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement.. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as_ designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%),of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 8/10/2020 112 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev. 8/10/2020 113 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https: //www.myfloridacfo.com/Divi sion/AA/Manual s/documents/ReferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wap-es. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev. 8/10/2020 114 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be,supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed' -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements; License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4of11 Rev. 8/10/2020 115 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable ,insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and Attachment 1 5of11 Rev. 8/10/2020 116 to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. . d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing Attachment 1 6of11 Rev. 8/10/2020 117 resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee"s sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. Attachment 1 7ofIt Rev. 8/10/2020 118 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole Attachment 1 8of11 Rev. 8/10/2020 119 option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping: The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://d6s.myflorida.com/libraiy-arch ives/records-mana2ement/.eeneral-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S:, to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form Attachment 1 9ofII Rev. 8/10/2020 120 number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its' obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Attachment 1 10 of 11 Rev. 8/10/2020 121 Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable froth other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 8/10/2020 122 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.21IR1 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Vero Beach Restoration. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on January 1, 2019 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Cateaory ❑ . ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 2 Rev. 8/10/2020 123 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily.injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance, None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2 of 2 Rev. 8/10/2020 124 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration — Sector 5 PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R70 and R86 along the Atlantic Ocean in Indian River County, Florida. PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.1 miles of shoreline between DEP reference monuments R70 and R86 in Indian River County. The County conducted a feasibility study in 2017 and the final design was completed in 2018. The restoration will have a federal cost share from FEMA to address damages from Hurricanes Irma and Matthew. PROJECT DESCRIPTION: The Project consists of construction and monitoring. PROJECT ELIGIBILITY: The Department has determined that 93.3 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $326,329 for this Project or up to 46.65 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 6213-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: httDS://floridader). izov/sites/default/files/PhvsicalMonitorin2Standards.odf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. 125 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code FEMA — Federal Emergency Management Agency F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction 126 i environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. I Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost PROJECT TIMELINE & BUDGET DETAIL' The tasks must be completed by, and all deliverables received by, the corresponding task end date. i Task No. Task Title State Federal Task Start Date Deliverable Due Date 1 Construction Contractual Services Cost i Estimated 6/30/2023 2 Monitoring Task # Eligible Project Tasks 1/1/2019 6/30/2023 DEP Local Total Share Project Costs 1 Construction 46.65% 1 $111,876.00 $17,397.00 $19,895.00 $149,168.00 1 Construction 46.65% ! $208,634.00 $238,599.00 $447,233.00 2 Monitoring 46.65% $100,298.00 $114,702.00 $215,000.00 TOTAL PROJECT COSTS '$111,876.00 $326,329.00 $373,196.00 $811,401.00 PROJECT TIMELINE & BUDGET DETAIL' The tasks must be completed by, and all deliverables received by, the corresponding task end date. i Task No. Task Title IBudget Budget Category Amount Task Start Date Deliverable Due Date 1 Construction Contractual Services $226,031 1/1/2019 6/30/2023 2 Monitoring Contractual Services $100,298 1/1/2019 6/30/2023 Total: $326,329 127 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of trarismission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions.apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. i d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesgfloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 128 STATEOF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by. the Chief Financial Officer (CFO) or Auditor General. PART L FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1; the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.zov Attachment 5 1 of 6 129 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htti2s:Hal2ps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.lea.state.fl.us/Welcomehndex.cfin, State of Florida's website at http://www.mvflorida.coml, Department of Financial Services' Website at hqp://www.fldfs.com/and the Auditor General's Website at htti)://ww-w.in,vflorida.com/audy,e . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding. the full cost of such additional audits.) PART IW REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 130 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hn://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin%zleAtidii@dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399=1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAud itkdep. state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 131 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and. for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 132 10 \ \ \ ( _ \ \ \ \ \ § / \ .2 .§ � 5 o a 5 0 / § 0 / k V)co 2 2 U a / j �0. % 0 f_ 0 $_ / k � \ ( / / | i 7 2 " 2 I I \ 2 G � � \ © 2 ? U \ \ \ � | ) § � I .a 4 .§ cr a � © k / 8 § ) © 2 Cd \ E § �2 § §�X a / 2 � 2 ® u) 2 2 ] d ■ �$ k4 $ �■ .� . � �3 \ \ �2 / 2 .� �2 $�� 4 $ � ■ .] $ E a 2 E a _ \ \ \ \ \ § / \ en � � \\ / § / k 2 2 a / j % / k � ( / i 7 2 Ctx 2 \ © 2 \ \ \ \ .a $. .§ cr a E © / 8 § ) © 2 Cd \ E § U § U / 2 / 2 ® u) 2 2 ] d d �$ k4 $ �■ � a � en � � \\ O S ,r O o z ti � m o 0 I i 0 �0� 0t U ¢ U L � C C 0. 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I EXHIBIT A I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: Vero Beach Restoration - Sector 5 Local Sponsor: Indian River County i DEP Agreement Number: 211R1 Report Year: Report Period (select one): Q 1: Jan —Mar 31 F-1 Q2: Apr — Jun 310 F] Q3: Jul — Sep 30 0 Q4: Oct — Dec 31 1 For each task, include the following information: Describe the work performed during the reporting period (including percent of task completed to date), problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. ( Use additional pages, if needed). Task 1: Task 2: Task 3: Task 4: 135 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: Vero Beach Restoration — Sector 5 Local Sponsor: Indian River County DEP Agreement Number: 21IRI Remittance Address: Billing Number: Billing Type: ❑ Interim Billing Costs Incurred This Payment Request. Federal Share* State Share *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage State Funds Remaining ❑ Final Billing Local Share Total Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining DEP Agreement No. 21IR1, Exhibit C, Page 1 of 5 136 r � a 2 d a REQ a d R L G M 3a R C •� R V as a�� y L o 0 o C> o O i I I U , w L a o � w � U = 7 s H I; �.4 y ti on o � C U A b ° >� O ti U - zdso�o U y Q C N y Q 'pp y 0U ° U cD DO v IS O Y iG U N N PW .� G N U yj v � c m a�ssv� _ y Y U aatli of E ai `-' .o:°;° vrw �v]w ° to T 0 c 0 a o Z 20 r ►1 Oc lod Ty G.E^VJ O ° o �Y tQ N H U R ago � N Q U it y 0, O� D O .O-. .b R G7 �. ° 0 0�� L v c a0i H d wL6 a° A V] O cl En maH� ocnk no��o cw= wZw`"a dv w d u O = > O = H E Q L' z L d Y � Fz� L d V � uz d O R i >A I I L u � i � of I z I I O R >Z I � I I 3 0 " N M V 4 V) �o t- oo O, t— en rm 0 w U 0 y o � a o � w � U = 7 s H I; �.4 y ti on o 3 ou C U A b ° >� O ti U - y R C U y Q C N y Q 'pp y 0U ° U cD DO v IS O Y iG U N N PW .� G N U yj v � c m a�ssv� _ y Y U aatli of E ai `-' .o:°;° vrw �v]w ° to T 0 c 0 a o Z 20 ►1 Oc lod Ty G.E^VJ O ° o �Y tQ N H U R ago � N Q U it y 0, O� D O .O-. .b R G7 �. ° 0 0�� L v c a0i 0 ` n O O a° A V] O cl En maH� ocnk no��o cw= wZw`"a " N M V 4 V) �o t- oo O, t— en rm 0 w FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III INVOICE REPORT Name of Project: Vero Beach Restoration — Sector 5 Local Sponsor: Indian River County DEP Agreement Number: 21IR1 Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice period: Identify any delays or problems encountered: DEP Agreement No. 21IR1, Exhibit C, Page 3 of 5 138 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Name of Project: Vero Beach Restoration — Sector 5 Local Sponsor: Indian River County DEP Agreement Number: 21IRI Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan. I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator 'Signature of Project Administrator Date Name of Project Financial Officer 'Signature of Project Financial Officer Date 139 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CONTRACT COMPLETION CERTIFICATION PART V Name of Project: Vero Beach Restoration — Sector 5 Local Sponsor: Indian River County DEP Agreement Number: 2 11R Task Completion ❑(List Task) Contract Completion ❑ *I hereby certify that the above-mentioned Project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the Department, have been returned to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date 140 GRANT NAME: FDEP-Vero Beach Restoration — Sector 5 GRANT # 21 IRI AMOUNT OF GRANT: $ 811,401.00 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: 772-226-1569 1. How long is the grant for? June 30, 2023 Expected Starting Date: November 1, 2019 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X. 4. Percentage of match to grant 53.35 % after Federal contribution 5. Grant match amount required $373,196.00 after Federal contribution 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding is available in the Restoration Fund, Hurricane Matthew/Irma/Dorian Account- Sector 5, No. 12814472-066510- 17001 and the Sector 5 Post -Construction Monitoring Fund Account # 12814472-033490-15021. An estimated $111,876.00 Federal contribution includes both FEMA and DEM funding and is included in the total grant amount. Federal contribution will be made through FEMA Proiect Worksheets (Hurricane Matthew PW #808, Hurricane Irma PW #3025, and Hurricane Dorian). YES NO 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) YES NO 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security . 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ 11 Fifth Year $ 1 $ $ $ Signature of Preparer: Date: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM I 1 TO: Jason E. Brown, County Administrator I THROUGH: Richard B. Szpyrka P.E., Public Works Director I FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Egret Marsh Slide Gate Replacement Project Construction Contract with Costello Brothers Marine Construction, Inc. DATE: April 1, 2021 DESCRIPTION AND CONDITIONS The purpose of this Project is to replace Egret Marsh Stormwater Park's original six slide gates. The fiberglass gates have been in service since April 2010 and have begun to leak excessively and cannot be repaired. The construction contract includes removing the original six slide gates and installing six new Type 316 stainless steel slide gates that are expected to have a much longer service life. I The Project was bid on March 10, 2021 and three bids were received on March 31, 2021: 1. Costello Brothers Marine Construction, Inlc. = $108,186.96 2. Boromei Construction, Inc. = $116,000.00 3. Razorback, LLC =$192,364.00 Costello Brothers Marine Construction, Inc. (CBMC) has performed several projects for Public Works Stormwater Division, including work at Egret Marsh. Staff has found the Company to possess extraordinary integrity and its work to be high quality. Staff reviewed CBMC's bid and determined it to be the lowest apparent responsive and responsible bidder. FUNDING Funding for the project is budgeted in FY 20/21 in Optional Sales Tax/Public Works/Egret Marsh Slide Gates. Funding Source Amount Optional Sales Tax/Public Works/Egret Marsh Slide Gates $108,186.96 Acct#31524338-066510-21013 RECOMMENDATION Staff recommends the Board: 1. Approve award to the lowest apparent responsive and responsible bidder, Costello Brothers Marine Construction, Inc. for $108,186.96. 142 BCC Meeting — April 13, 2021— CONSENT Page 2 2. Authorize the Chairman to execute the agreement on behalf of the County, upon review and approval of both the agreement and required 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 DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR APRIL 13, 2021 143 i 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: 1. 1 This project involves removing up to six existing slide gates and replacing them with up to six new slide gates at Egret Marsh Stormwa1 ter Park and Nature Preserve (Egret Marsh). 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: EGRET MARSH SLIDE GATE REPLACEMENT PROJECT Bid Number: 2021035 Project Address: 7295 4T" Street; Vero Beach, FL 32968 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, Fi inal Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 15th day after the date when all material arrives at the job site. 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 Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: 144 Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment A. Due to the short duration allocated for this project, the OWNER shall make only one payment for the entire amount of the contract when the Work has been completed. Upon a determination of satisfactory completion, the OWNER's 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.). 5.02 Acceptance of Final Payment as Release B. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 145 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. 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. J. Contractor is registered with and will use the Department of Homeland Security's E-Verify.system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S.. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; 146 (5) Invitation to Bid 2021035; (6) CONTRACTOR'S Bid Form, completed (Exhibit 1); (7) Bid Bond; (8) Specifications; (9) Qualifications Questionnaire; (10) Drug Free Workplace Certification Form; (11) Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) Attachment A—Technical Specifications; (16) Attachment B — Contractor's Final -Application for Payment for the Egret Marsh Slide Gate Replacement Project; (17) Attachment C— Contractor's Final Certification of the Work; (18) Attachment D — Drawings and Information Related to the Slide Gate Replacements; (19) 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. 9.04 Severability 147 A. .Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF .CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 148 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 - This Article is not applicable for this Contract. 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. 149 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. 150 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. I This Agreement will be effective on i , 2021 (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 i By: Joseph E. Flesher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller I Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone: Email: CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest 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.) 151 INDIAN RIVER COUNTY, FLORIDA mini MEMORANDUM I TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Jill M. Williams, Contract Support Specialist SUBJECT: FDOTTransportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 for 66th Avenue Roadway Widening (491h Street to 69th Street) FM No. 436379-1-54-01;436379 1-54-02 (IRC -1505) DATE: April 4, 2021 DESCRIPTION AND CONDITIONS On May 7, 2019 the Board of County Commissioners approved Resolution No. 2019-034 and a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) forthe widening of 66th Avenuefrom a two-lane to a four -lane divided highwayfrom 49th Street to 69th Street as well as for Construction Engineering Inspection (CEI) services with an estimated cost of the project of $36,700,692. The FDOT TRIP grant amount approved was for $4,747,018 with the County's cost share to be $31,953,674.00 and the agreement was executed by the FDOT on May 22, 2019. On April 7, 2020 the Board approved Resolution No. 2020-033 and Supplemental Agreement No. 1 to increase the grant amount by $8,500,000 to a new total of $13,247,018 and it was executed by the FDOTon May 15, 2020.' The FDOT has requested Indian River County execute and deliver FDOTTRIP Supplemental Agreement No. 2 to increase the grant amount by $5,366,317.00 to'a new total of $18,613,335 for construction and CEI costs, as well as a Resolution authorizing the Board of County Commissioner's to execute FDOTTRIP Supplemental Agreement No. 2. This would decrease the County's cost share to $18,613,336. The cost of the project has increased to $37,226,671, which total includes the actual award of bid amounts to Halley Engineering Contractors, Inc. (construction) and Consor Engineers, LLC (CEI). FUNDING Per the TRIP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOTto a maximum amount of $18,613,335 of the total cost for the project. The County currently has $38,358,567 programmed in the approved 5 -year Capital Improvement Element. for the project. For FY 20/21, $5,818,991 is budgeted and available from Traffic Impact Fees/District 2 Roads/Construction Progress/66thAvenue/49th-691,h. The remaining $32,539,576 is programmed in Optional Sales Tax/66th Ave/49th-69th in FY 21/22 and FY 22/23. Account Name I Account Number Amount Traffic Impact Fees/District 2 Roads/Construction i Progress/66th Ave/49th St - 69th St 10215241-066510-07806 $5,818,991 Optional Sales Tax/66th Ave/49th St - 691h St I 31521441-066510-07806 $32,539,576 152 RECOMMENDATION Staff recommends the Board of County Commissioners approve FDOTTransportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Authorizing Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT TRIP Supplemental Agreement No. 2 FM No. 436379-1-54-01 & 436379-1-54-02 APPROVED AGENDA ITEM FOR APRIL 13,202 153 i GRANT NAME: FDOT Transportation Regional Incentive lPro rg am (TRIP) GRANT # 436379-1-54-01 & 436379-1-54-02 1 AMOUNT OF GRANT: $18,613,335 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis P.E.. PMP Asst Public Works Director TELEPHONE: (772) 226-1221 1. How long is the grant for? Until June 30 2022 Starting Date: Agreement commences upon full execution 2. Does the grant require you to fund this function after the grant is over? Yes _2L_No i 3. Does the grant require a match? _X—Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No I 4. Percentage of match to grant 50 % 5. Grant match amount required $ t 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? This is budgeted and funded in CIE. 7. Does the grant cover capital costs or start-up costs? , Yes --.X--No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes —.2L --No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL i 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost. of the grant to the county over five years? 1816111116 Signature of Preparer: Date: 154 Grant Amount Other Match Costs Not Covered Match Total First Year $ 18,613,335 $ $18,613.336 $37,226,671 Second Year $ $ $ Third Year $ $ $ $ Fourth Year $ $ i $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 154 RESOLUTION NO. 2021 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF TRANSPORTATION REGIONAL INCENTIVE PROGRAM SUPPLEMENTAL AGREEMENT NO. 2 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR 66TH AVENUE ROADWAY WIDENING FROM 49TH STREET TO 69TH STREET FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES WHEREAS, the widening of 66th Avenue from a two-lane to a four -lane divided highway from 491h Street to 691h Street and all ancillary construction work is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 49th Street to 69th Street and all ancillary construction work, as well as construction engineering inspection (CIE) services under the Transportation Regional Incentive Program (TRIP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Transportation Regional Incentive Supplemental Agreement No. 2 increasing the amount of the grant from $13,247,018 to $18,613,335. NOW, THEREFORE, BE IT RESOLVED BY.THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of.the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Transportation Regional Incentive Program Supplemental Agreement No. 2 for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Joseph E. Flescher Vice -Chairman Peter O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this day of. , 2021. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and.Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 155 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. CONTRACT NO. G1P92 FPN 436379-1-54-01: 436379-1-54-02 Recipient: INDIAN RIVER COUNTY This Supplemental Agreement ("Supplemental"), dated 525-010-60 PROGRAM MANAGEMENT 12/18 Page 1 of 2 arises from the desire to supplement the State - Funded Grant Agreement ("Agreement") entered into and executed on May 22nd, 2019 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: This Amendment extends the Term of the Agreement. Paragraph 3 of the Agreement is amended to read as follows: This Agreement shall commence upon full execution by, both Parties and the Recipient shall complete the Project on or before June 30, 2022. This Amendment increases the total funding needed for the Construction and CEI Services of the Project by FIVE MILLION THREE HUNDRED SIXTY SIX THOUSAND THREE HUNDRED SEVENTEEN DOLLARS AND NO CENTS ($5,366,317.00). Paragraph 6a of the Agreement is amended to read as follows: The estimated cost of the Project is $37,226,671.00. This amount is based upon the Schedule of Financial Assitance in Exhibit "B", attached and incorporated into this Amendment. Paragraph 6b of the Agreement is amended to read as follows: The Department. agrees to participate in the Project cost up to the maximum amount of $18,613,335.00 and, additionally the Department's participation in the Project shall not exceed 50% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. Pragraph 6c remains in full force and effect. Reason for this Supplemental and supporting engineering and/or cost analysis: The funding increase is due to the actual accepted bid being higher than the original cost estimate for Construction and CEI services 156 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY Name of RECIPIENT) W TITLE: CHAIRMAN Print Name: Joseph E. Flescher Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller 0 , Deputy Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MM TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: STEVEN C. BRAUN, P.E. FDOT OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: See attached encumbrance form for date of Funding approval by Comptroller APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Page 2 of 2 157 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 436379-1-54-01, 436379-1-54-02 1801 27TH STREET, BUILDING A VERO BEACH, FLORIDA 32960 I. PHASE OF WORK by Fiscal Year: FY 2019 FY2020 FY2021 TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $:0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 15,359,800.00 $6,500,554.00 $ 5,366,317.00 $37,226,671.00 Maximum Department Participation - (Transportation Regional % % % % Incentive or oror or $ 3,246,464.00 $3 , 500,554.00 $ 5,366,317.00 $ 12,113,335.00 % Maximum Department Participation - (CIGP) or or or or $ $ 6,500,000.00 $ $ 6,500,000.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 12,113,336.00 $ 6,500,000.00 $ 0.00 $18,613,336.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 12,113,336.00 $ 6,500,000.00 $ $ 18,613,336.00 Combination In-Kind/Cash $ $ $ $ 0.00 158 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. NORMA CORREDOR District Grant Manager Name Signature Date 159 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % or $ 0.00 % oror $0 . 00 % $0.00 % or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $15,359,800.00 $16,500,554.00 $5,366,317.00 $37,226,671.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. NORMA CORREDOR District Grant Manager Name Signature Date 159 g INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 'TO: Jason E. Brown, CountyAdministrator THROUGH: Richard B. Szpyrka, P.E.,�Public Works Director James W. Ennis, P.E., Asst. Public Works Director FROM: Kirstin Leiendecker, P.E] Roadway Production Manager SUBJECT: 43rd Avenue Bridge Replacement Over S. Relief Canal (IRC -2014) Amendment No. 1 to Work Order No. 33 Kimley-Horn and Associates, Inc. DATE: April 1, 2021 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. On August 18, 2020, the Board of County Commissioners approved Work Order No. 33 to provide survey, geotechnical, structural and roadway design and permitting services to replace the functionally obsolete bridge, originally constructed in 1951, that currently exists over the 43rd Ave Bridge over Indian River Farms Water Control District South Relief Canal. Amendment No.1 to Work Order No. 33 will extend the project limit about 1000 feet to the south to connect the planned 3 -lane roadway section over the bridge with the existing 3 -lane roadway section just north of the intersection of 43rd Ave with 5th Street SW. The total negotiated not -to exceed fee for Amendment No. 1 to Work Order No. 33 is $10,805.00. Amendment No 1 to Work Order No. 33 increases the total contract amount from $166,405.00 to $177,210.00. I FUNDING Funding in the amount of $10,805.00 for Amendment No.1 is available in Account No. 31521441-066510- 20041/ Optional Sales Tax/43`d Ave Bridge Over South Canal. Account Name I I Account Number I Amount Optional Sales Tax/43`d Ave Bridge Over South Canal 131521441-066510-200411 $10,805.00 RECOMMENDATION Staff recommends approval of Amendment No. 1 Work Oder No. 33 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Amendment No.1 on their behalf for an amount not to exceed of $10,805.00. { ATTACHMENTS Amendment No.1 to Work Order 33 AGENDA ITEM FOR APRIL 20, 2021 160 AMENDMENT 1 TO WORK ORDER 33 43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL/IRC-2014 This Amendment —L to Work Order Number 33 is entered into as of this day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 33, Effective Date August 18, 2018 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Print Name: Brian Good, P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman Title: Senior Vice President 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 William K. DeBraal, Deputy County Attorney 161 IV: Hlti,M441919*6117181:"7 The ENGINEER will extend the design 43,d Avenue as a 3 -lane rural roadway section connecting to the existing 3 -lane section to immediately north of 51h Street SW. This will extend the proposed roadway reconstruction limits approximately 600 linear feet beyond previously contemplated project limits. This amendment will provide for the supplemental topographic design survey and roadway design efforts to complete. EXHIBIT B— FEE SCHEDULE The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows: Lump Sum Components Task Labor Fee Task 1—Supplemental Topographic Design Survey $ 3,200 Task 2 — Supplemental Roadway Analysis and Plans $ 7,605 Amendment Total $ 10,805 EXHIBIT C -TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately five (5) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Interim Submittal (80% Design Drawings) 3 months following NTP Final Submittal (100% Design Drawings) 5 months following NTP 162 CONSENT: April 13, 2021 SN Office of INDIAN RIVER COUNTY ATTORNEY Dylan.Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney., MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: April 5, 2021 SUBJECT: The Reserve At Grand Harbor, Plat 33 Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: GH Vero Beach Development LLC In 2016, GH Vero Beach Development LLC, the developer of The Reserve At Grand Harbor PD Phase 1, Plat 33, in order to receive a Certificate of Completion for its project entered into a Contract for Construction for Final .Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703) and posted the required security in the form of cash in the amount of $212,131.88 to guarantee completion of the final lift of asphalt. In 2018, the developer requested and the Board of County Commissioners granted a 2 -year extension to this contract in order to avoid laying the final lift until after a majority of the construction is completed so that the finished roadways will be more aesthetically pleasing to potential buyers. The developer has again requested an additional 2 -year extension to complete the final lift of asphalt, has paid the pre -requisite extension request fee, and has submitted its engineer's updated certified cost estimate which reflects no change from the last submittal. Section 913.10(1)(E) of the County Code -states that for good cause shown the Board may in its discretion grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. 163 Staff has no objection to an additional .2 -year extension, and has approved the submitted updated certified cost estimate. A map depicting the location of where the final lift of asphalt is to be laid is available for viewing at the County Attorney's Office and will be attached to the original Second Modification. Additionally, if after an inspection is performed by the County and it reveals that there is any deficiency in the roadway base, the developer must repair any deficiency noted in such inspection prior to the laying of the final lift of asphalt. FUNDING: j There is no cost to be borne by Indian Riv ler County with respect to this item. RECOMMENDATION: Approve the Second Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703) to extend the completion date to December 16, 2022, and authorize the Chairman to execute same. It is noted that the supporting cash security will continue to remain in escrow. nhm attachment: Second Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -,FLA (2001020101-77703) with updated approved certified cost estimate 1 164 The Reserve At Grand Harbor PD Phase 1, Plat 33 SECOND MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) THIS SECOND MODIFICATION, made and entered into this day of , 2021, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability company;1 hereinafter referred to as "Developer', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: 1 WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt, Contract No. 1 PD -13 -10 -03 -FLA (2001020101-77703), guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion (December 16, 2016) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted cash in the amount of $212,131.88 as security to guarantee completion and entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and WHEREAS, in December, 2018, Developer was granted an additional 2 - year extension to install the final lift of, asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2020, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, the developer has I requested an additional 2 -year extension to December 16, 2022 to install the final lift of asphalt, as allowed by code; 2. provided an updated certified cost estimate attached as Exhibit "A" which amount has been 'approved by County engineering and did not change from the 2018 updated cost estimate; and I 3. paid the required $660.00 extension fee request to County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 165 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final.Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, is, extended to December 16, 2022. 2. The $212,131.88 shall continue to be held in escrow for the guaranty for the final lift of asphalt and represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's updated certified cost estimate as approved by County engineering, attached as Exhibit „A» 3. The extension fee in' the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code has been paid. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, remain in full force and effect as well as the Cash Deposit and Escrow Agreement For Final Lift of Asphalt. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. GH VERO BEACH DEVELOPMENT LLC 0 printed name: Authorized Signatory DEVELOPER INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners COUNTY ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph E. Flescher, Chairman Deputy Clerk BCC approved: Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 166 MASTELLER & MOLER. INC. M ^• CIVIL ENGINEERS ^- RESERVE AT GRAND HARBOR (PHASE 1 ) CERTIFIED COST ESTIMATE FINAL LIFT ASPHALT 2/8/2021 Description Quantity Unit Unit Price TOTAL Mobilization , 1 LS $3,500.00 $3,500.00 1.0" SP 9.5 - 2nd Lift (Grand Harbor Reserve Sq.) 3,321 SY $9.00 $29,889.00 Mill Existing Asphalt (1.5") 9,579 SY $2.50 $23,947.50 Overlay w/ 1.5" SP 9.5 Asphalt 9,579 SY $11.00 $105,369.00 Restripe Pavement 1 LS $4,000.00 $4,000.00 Reset PCP's 1 LS $3,000.00 $3,000.00 TOTAL $169,705.50 JSurety Amount 125% $212,131.88 CERTIFICATE OF COST ESTIMATE I, Stephen E.. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate.has been prepared, in part, to induce approval by the County of a final plat for the Reserve at Grand Harbor Phase 1 project, and for the purpose of establishing proper surety amowrifstlt',; opted therewith. STATE OF Stephen S,ler,'`$.317.� Vice Presid*"NiF'z' `i 0; File#1357 1655 27th Street, Suite 2 IUof 1 ADMIN\Constmction\Maintenance Bond Estimate Vero Beach, Florida 32960 (PerformanceBond_Flnall.iftAsphaltExtenslon_21-0208.xlsx) (772) 567-5300 CONSENT: April 13, 2021 ?IT Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: April 5, 2021 SUBJECT: Cove At Falcon Trace PD Plat 1 Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: D.R. Horton, Inc. In 2019, D.R. Horton, Inc., the developer of Cove At Falcon Trace PD Plat 1, in order to receive a Certificate of Completion for its project entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -14 -07 -06 -FLA (2001050202-80548) and posted the required security in the form of a Wells Fargo Bank, N.A. irrevocable standby letter of credit in the amount of $140,450.00 to guarantee completion of the final lift of asphalt. The developer has now requested a 2 -year extension to this contract in order to avoid laying the final lift until after a majority of the construction is completed so that the finished roadways will be more aesthetically pleasing to potential buyers. The developer has paid the pre- requisite extension request fee, has submitted its engineer's updated certified cost estimate which reflects no change from the 2019 cost estimate, and has submitted an acceptable amendment to its existing letter of credit to extend the letter of credit expiration date to August 22, 2023. Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in its discretion grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. 168 Staff has no objection to an additional 2 -year extension (until February 22, 2023), and has approved the submitted updated certified cost estimate. Additionally, if after an inspection is performed by the County and it reveals that there is any deficiency in the roadway base, the developer must repair any deficiency noted in such inspection prior to the laying of the final lift of asphalt. - FUNDING: There is no cost to be borne by Indian River County with respect to this item. RECOMMENDATION: Approve the Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -14 -07 -06 -FLA (2001050202-80548) to extend the completion date to February 22, 2023, and authorize the Chairman to execute same. nhm attachment: Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -14 -07 -06 -FLA (2001050202-80548) with updated approved certified cost estimate 169 Cove At Falcon Trace PD Plat 1 MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -14X07 -06 -FLA (2001050202-80548) THIS MODIFICATION, made and entered into this day of 2021, by and between D.R. HORTON, INC., a Delaware corporation, hereinafter referred ;to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". I WITNESSETH: WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt, Contract No.! PD -14 -07 -06 -FLA (2001050202-80548) guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's Certificate of Completion (February 22, 2019) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted a letter of credit in the amount of $140,450.00 as security to guarantee completion; and WHEREAS, the developer has I 1. requested an additional 2 -year extension to February 22, 2023 to install the final lift of asphalt, as allowed by code; , 2. provided an updated celrtified cost estimate attached as Exhibit "A" which amount has been approved by County engineering and did not change from the initial cost estimate; 3. paid the required $660.00 extension fee request to County; and 4. provided an acceptable amendment to its existing Wells Fargo Bank, N.A. Irrevocable Standby Letter of Credit No. IS000073838U which extends the expiration date to August 22, 2023. i NOW, THEREFORE, IN CONSIDERATION OF THE. MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion 'of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -14 -07 -06 -FLA (2001050202-80548) is extended to February 22, 2023. 170 2. The amendment to the Wells Fargo Bank, N.A. Irrevocable Standby Letter of Credit No. IS000073838U extending the expiration date to August 22, 2023 is acceptable and shall continue to be held for the guaranty for the final lift of asphalt and represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's updated certified cost estimate as approved by County engineering, attached as Exhibit "A". 3. The extension fee in the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code has been paid. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -14 -07 -06 -FLA (2001050202-80548) remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. D.R. HORTON, INC. M printed name: title: DEVELOPER INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners COUNTY ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman BCC approved: 171 KMA Engineering & Surveying, LLC 2345 141, Avenue, Suite 3 Vero Beach, FL 32960 KMA(772) 569-5505 The Cove at Falcon Trace Phase 1 LDP No. 2001050202-73084 Cost Estimate — 2nd Lift AC March 26, 2021 r)Pcrrintinn []uantity t ]nit l )nit Prir_a Amni int 1" Second Lift Asphalt 16,800 SY $ 6.45 $ 108 360.00 Striping LS 1 $ 2,000.00 $ 2,000.00 Survey Re -Setting of PCPs LS 1 $ 2,000.00 $ 2,000.00 Total $ 112,360.00 125% of Total $ 140,450.00 172 IE f Consent Item Indian River County, Florida Department of Utility Services Board- Memorandum Date: March 17, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Scott Reynolds, Environmental Compliance Analyst Subject: Work Order #9 Well Abandonment and Additional Testing Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) recently purchased 243 acres, located at 375 82nd Avenue, to serve as additional storage of reuse water from the West Regional Wastewater Treatment Facility (WWTF) during the rainy season when the necessity for reuse water is limited. The goal of the proposed reclaimed water storage will be to provide sufficient capacity to store water during the wet season, and supply reuse water in the dry season and achieve a zero discharge to the relief canal. Tetra Tech, Inc. (Tetra Tech), as part of the County's due diligence process prior to purchasing the property, was contracted to provide professional services and has completed the Phase I and Limited Phase II Environmental Site Assessments (ESA) for this project. Analysis: In the next phase, Tetra Tech will manage the permitting and abandonment of two ground water wells on the site. These wells are not being used and are outside the scope of the current cattle lease. Tetra Tech will provide additional soil delineation of the arsenic impact found at the tank laydown site. Based on the results of the assessment, additional soil and ground water analysis may be necessary as detailed in the attached scope of work. Task Description Cost Task 1 Mobilization —Work Plan & Permits $ 1,322.64 Task 2 Well Abandonment $ 18,078.42 Task 3 Removed $ Task 4 Supplemental Site Assessment $ 4,325.32 Task 5 Site Assessment Report' $ 4,149.84 Project Total $ 271876.22 Note: In 2019, staff estimated clean-up costs of $200,000 — $300,000. This phase is the beginning of the clean-up process. Additional costs may be necessary, but are not yet identified. Site assessments conducted during the clean-up will help to identify and prioritize additional costs. These additional potential costs may F:\Utilities\UTILITY - Engineering\WASTEWATER\Effluent Storage Site\BCC Items\2021_0317_Tetra Tech W09.docx 173 Consent Item include, but are not limited to: soil remediation, Solid Waste Disposal District dump fees, Florida Department of Environmental Protection requirements/permits, and monitoring wells. Funding: Funds for the services are in the Other Professional Services budget in the Utilities Operating Fund. Utilities operating funds are generated from water and sewer revenues. ACCOUNT NAME ACCOUNT NUMBER AMOUNT W WWTF Wet Weather Storage 47121836-033190-20518 $27,876.22 Recommendation: Staff recommends approval of Work Order Number 9 to Tetra Tech, Inc., authorizing Professional Services, in accordance with the 2018 Continuing Consulting Engineering Services Agreement, outlined in Exhibit A (Scope of Work) and requests the Board of County Commissioners to authorize the Chairman to execute Work Order Number 9 on their behalf for a not to exceed amount of $27,876.22. Attachments: Tetra Tech Work Order No. 9 Well Abandonment and Building Assessment F:\Utilities\UTILITY - Engineering\WASTEWATER\Effluent Storage Site\BCC Items\2021_0317_Tetra Tech W09.docx 174 I CCNA2018i WORK ORDER 09 Well Abandonment and Building Assessment This Work Order Number 09 is entered' into as of this _ day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Tetra Tech, Inc. ("Consultant"). 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. I I IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. I CONSULTANT: By: Print Name: Title: Matthew Shelton Project Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 175 TETRATECH March 17, 2021 Scott Reynolds Indian River County Department of Utility Services 1801 27th Street, Vero Beach 32960-3388 Email: sreynolds(a)irc ov.com Subject: Proposal to Indian River County for Well Abandonment and Building Assessment (removed) Revl 3775 8211 Avenue, Vero Beach, Florida Dear Mr. Reynolds: Tetra Tech, Inc. (Tetra Tech) is pleased to provide Indian River County Department of Utility Services (IRCDUS) with this Scope of Work for services to provide Well abandonment and additional Site Assessment services for the former Premier Citrus Property, located at 3775 82nd Avenue, Vero Beach, Florida (the Site). BACKGROUND Indian River County needs additional storage of reuse water from the West Regional WWTF during the rainy season when the necessity for reuse water is limited. The West Regional WWTF is sized for a treatment capacity of 6 million gallons per day (MGD). The plant is currently operating at approximately 2 MGD but can only discharge approximately 0.4 MGD or exceed the load allocations into the relief canal. The remainder of the treated water is sent back to the community for reuse. The goal of the proposed reclaimed water storage will be to provide sufficient capacity to store water during the wet season and supply reuse water in the dry season and achieve a zero discharge to the relief canal. Tetra Tech assisted in the due diligence process, and the IRCDUS recently purchased the Site. The county has identified an approximately 250 -acre parcel immediately to the south of the West Regional WWTF as a potential site for the reclaimed water storage. It is zoned RS -3 and is a citrus grove. The County contacted Tetra Tech to complete due diligence required to assess this potential project, zoning and permitting issues associated with project, geotechnical conditions, limitations from Federal Aviation Administration (FAA) or other agencies, and other business and environmental risks associated with the purchase of the proposed parcel. The Phase I Environmental Site Assessment identified the following Recognized environmental conditions (RECs) for the Site: The potential for soil and groundwater impacts from current and former petroleum and/or pesticide and herbicide ASTs, former underground storage tanks (USTs) storing petroleum and/or pesticides and herbicides, and application of pesticides and herbicides, are potential RECs for the Site. The ASTs have now been removed, and the petroleum issues on the site have been resolved. Tetra.Tech, Inc. I I Riverside Drive, Suite 204, Cocoa; FL 32922 Tel 321.636.6470 Fax 321.636.6473 www.tetratecIG76 Tetra Tech recommended additional investigation for the Site, including investigation of potential asbestos containing material (ACM), lead-based paint (LBP), and mold. The Site has five artesian wells and one community water system well on Site. Consumptive Use Permits have been received for the Site converting ownership to IRCDUS from the previous owner. SCOPE OF WORK Florida Power and Light (FPL) intends to use the fenced in area of the Site as a construction laydown area for work in the vicinity. Tetra Tech has been asked to abandon the public supply well and artesian well inside the fenced area and complete the investigation of the arsenic in the soils within the fenced area. i Task 1— Mobilization - $1,322.64 Upon notice to proceed, Tetra Tech will conduct the following activities: Update the Health and Safety Plan (HASP); and Procure Subcontractors Necessary for,Project Completion (Licensed Well Driller, Florida, laboratory, and equipment). Tetra Tech will update the Site -Specific Health and Safety Plan in accordance with OSHA HAZWOPER requirements outlined in 29 CFP 1910 to include the newly added well abandonment task. This plan update will be prepared by a health and safety professional under the supervision of a Certified Industrial Hygienist. Technical specifications and subcontract agreement for required subcontracted work will be prepared under this task. These specifications', will include, well abandonment, laboratory analysis of soil samples, and equipment. Tetra Tech will obtain all state and district permits the well abandonment under this task, as needed. This Task will be completed on a fixed fee basis in accordance with the provided assumptions. Task 2 — Well Abandonment - $18,078.42 Tetra Tech and the subcontracted Licensed Well Driller will be on site to properly abandon two wells located within the fenced area at the Premier Citrus Site. This includes: • Abandonment of the 2 -inch diameter 75466t deep commercial supply well • Abandonment of the 4 -inch diameter 735 -feet deep artesian agricultural supply well with a casing set at 250 feet deep. • The well shall be abandoned in accordance'with State of Florida requirements. • If access to the well requires removal of the roofed structure and or shed, means to remove these items will not require a demolition permit, and removal of materials associated with the structures from the site will not be required: • Restoration of the well pad areas shall be compacted clean sandy fill. 177 This task will be completed on a fixed fee basis in accordance with the above assumed construction. Additional depths may require. additional grout and additional days to complete. The proposal assumes that the wells will be abandoned by a 2 -man crew over 3 days. Additional charges may apply for on-site time required beyond 3 -days and additional grout required if necessary. Task 3 — Asbestos and Lead Assessment - (REMOVED) Task 4 — Supplemental Site Assessment - $4,325.32 Tetra Tech will provide additional delineation of the arsenic impact found at the Site in the previous investigation under TO 7. Based on the results of this assessment, additional soil and groundwater assessment will be required, and this task will fund the costs of any additional investigation that may exceed the remaining balance in TO 7, as required. The goal of the supplemental assessment will be to vertically and horizontally delineate the soil concentrations in exceedance of the FDEP Residential Direct Exposure Soil Cleanup Criteria and satisfy the FDEP Site Assessment Requirement outlined in F.A.C. 62-780. This task may include laboratory analysis and laboratory subcontractors, field equipment, travel, field personnel, and reporting. This task will be competed, as needed, on a time and materials basis not to exceed $4,325.32. Task 5 — Site Assessment Report - $4,149.84 A separate Site Assessment Report will also be prepared to provide the details of all findings of the soil delineation, and include the following sections: ➢ Executive Summary ➢ Introduction, Scope of Services, and Limitations ➢ Background ➢ Geology and Hydrogeology ➢ Contamination Assessment ➢ Results and Discussion ➢ Conclusion and Recommendations ➢ Figures ➢ Appendices (i.e., field data sheets, laboratory analytical reports, etc.) This task will be completed on a fixed fee basis. PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. 178 Task Timeline Notice to Proceed (NTP) March 17, 2021 Well Abandonment Completed ( May 17, 2021 Supplemental Site Assessment activities completed As needed Draft Site Assessment Report submitted to IRCDUS i i Upon completion of the delineation Final Site Assessment Report submitted to IRCDUS (assumes 7 calendar day IRCDUS review) I ASSUMPTIONS I Tetra Tech's scope of services and project costs were developed with the following assumptions: • Tetra Tech will review available datalprovided by Indian River County. • Surveying services are not included. I • Permitting fees are not included in this proposal. • The cost proposal does not include any remediation or investigation activities that are not specifically described herein. Additional assessment and remediation may be required. • A Sunshine State One -Call request for subsurface utility location will be completed. This proposal assumes there are no utilities in the vicinity of the USTs. Any utilities in this area must be identified by IRCDUS. Tetra Tech is not responsible for the damage to subsurface infrastructure that is not identified by IRCDUS prior to Tetra Tech initiating AST Closure or Site Assessment activities. • "Face-to-face" meetings with regulators are not proposed as part of this work. • It is assumed that additional restrictions or limitations as a result of COVID-19, weather, or other unforeseen circumstances will not inhibit Tetra Techs level of effort or schedule. • Tetra Tech assumes that Draft reports will have only minor edits by IRCDUS. • Tetra Tech assumes IRCDUS will provide ready access to the Site as needed. PROJECT COST The estimated costs are based on our current understanding of the project requirements and best estimates of level of effort required to perform the basic services and may be subject to change upon agreement between Indian River County Iand Tetra Tech. The estimated project costs are shown in the attached Table 1. This project would be provided as lump sum per task not to exceed $23,550.90, and additional time and materials tasks not to exceed $4,325.32. 179 Indian River County will be invoiced each month for services rendered during the previous . calendar month based on percent complete. Tetra Tech shall be paid for all invoices within 30 days of an approved submittal. Tetra Tech looks forward to working with you on this project. We are available to discuss our approach with you in detail at your convenience. Should you have any questions regarding this proposal, please contact me at (321) 636-6470. Sincerely, WrAatthe'w- D. Shelton Project Manager Cc: Brian Watson, P.E., Tetra Tech David Giddens, P.G., Tetra Tech 180 r -III 00 r.( . \,,§,! `»® ®-------- -- § ® (22|7\" '• " " ' |$ -®------ ---- � k)z- ! - .........; .... .. . .. . . .. . . ! $|. I -------- � )} ---- )I\ ........, , ■ „ �, ! I }`.--/.. .,.. |. - � |;;- »\ • ! -�7 ± (),� . §(!■§ ! \�\ | �/ ;q f) |i \ ���%�k\]�))�� }})�/\ � (� �� � ({ k\ y = al�� } k2 •. • �;; al�.�i.;,r! a: a» i Exhibit 8 Tetra Tech, Inc. Indian River County Professional Services Hourly Rate Fee Schedule Effective october 3, 2017, through September 30, 20Z0"' RawlaborRates is DlrectUbor Raw tabor Rates x Multiplier Rate Positlor0des Minimum Maximum Mutdoner Minimum Maximum Profest Manopment I Sr Project Manager $ SIM S 80.00 34 $ 1S6.OD $ 240.00 Project Manager $ 41.00 S 68.00 3.0 S 123.00 S 104.00 Englneers Principal Engineer $ 70.00 $ 49.00 3.0 S 210AD $ 297.00 Sr. Engineer $ SOAD $ 79AD 3.0 S 150.011 S 237.011 gntlineery S 39405 61.00 3A S 117.00 $ 183.00 Enalneeriv $ 32.00 S j I 49.00 3A S 95.00 $ 147.011 Enelnearill $ 26.00 S 140.00 3.0 $ 78.00 $ 120.00 Engbueril S 24A0 S 3AAO 3.0 $ 7100 $ 102.00 Engtneerl $ 22.00 S 129.00 3.0 S 66.00 $ 87.00 Engineering Technician S 12.00 S 12200 3.0 S 36.00 S 8600 scientbits ScientlitM $ 05.00 71.00 3.0 S 135.00 $ 213.00 Sdentistv $ 314D S 3.0 S 93.00 $ 171.00 Sdandtt'IV $ 27.00 157.011 6 1138.00 3.0 $ 81.00 S 114.00 Scientist 01 S 24Ao $ ? 30AD 3.11 $ 72.00, S 9090 $dentist11 $ 20A0 S 26.00 3.0 $ 60.00 $ 78.00 Scientist 3 19A0 S 23.00 3.0 $ 57.00 $ 69.00 Design Professlanals Sr CAD/EngDesigner 11 $ 39.0 S 52.00 3.0 $ 117.00 S 156.00 Sr CAD/Eng Designer I S 26.00 $ 40.00 3.0 S 78.00 $ 120.00 CAD/EnglnaedngDesigner 91 S 24.00 $ I33Ao 3.0 $ 72.00 S 99.00 CAD/EnginearingDesigner 11 S 18.00 $ 14.00 3A $ 54.00 S 72.00 CAU/Enginearing Designari S 36.00 $ 122.00 3.0 S 400 $ 63.00 Sorveyotr Sr Lind Surveyor $ 4190 $ i SOAO 3.0 S 123AO S 150.00 Land Surveyor S 28,00 S 140.00 10 S 84.00 S 120.00 Survey CrowChlef S 24AD S 38.011 3.0 S 7200 S 314.00 SurvayTech S 17.011 S 130.011 3.0 $ 51.00 S 90.00 ArWiteets Architectural Program Mgr $ 65.00 S 85.00 3.0 S 195:06 S 255.00 SrArcWtW -$ 55.00 S 7SAO 3A $ moo S 225.00 Ardiltect S 35.00 $ SSAO 3.0 S 105.00 $ 165.00 Architectural Designer S 17.00 S 35.00 30 $ 5100 $ 105.00 Constrvddon Professionals construction Project lisp S 21.00 42.W 3.0 S 66.00 $ 126.00 Construction Manager 11 S SHOD S '70A0 3.0 S 150.00 $ 210.00 Construction Manager I 5 38.00 S 54AD 3.0 $ 114.00 S 162.00 Construction Administrator S 2100 S 39.00 3.0 $ 69.00 $ 217.00 WSAnalysts SrAnalyst S 30.00 $ 6SA0 3.0 $ 90.00 S 295.00 Project Analyst 11 S 24.00 $ 40.00 3.0 S 72.110 $ !20.00 ProjectAnalystI $ 20.00 $ 29.00 3.0 S 54.00 S 84.00 ProfectAdmintstroRon Sr Project Administrator $ 27.00 $ 35.00 3A $ 81.00 S 105.011 ProjadAdmlidstrator S 15.OD $ 32.00 3.0 S 4SA0 $ 9690 Project Assistant S 1200 $ 12AD 3.0 S 36.00 S 66.00 Contract Administrator S 25.00 S 36.00, 3.0 75.00 $ 108.00 Subconsultant Colt+ lllx Reimbursable (teases EnglneorsReimbursable Travel/Mileage At Cost i Other Direct Costs At Cost nlrltese hourly billing rates will remain effective for die Initial duration of this Agreemen4 and may be renegotiated shoald an additional renewal pedod be exercised. EXHIBIT C 1 PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. Task '11mellne Notice to Ped P) i March 1 7, 2421 '►Nell .Adandorrrnent Completed I May 17,202-1 Supplemental Site Assessment activities completed As needed Draft Site Assessment Report submitted to IRMUS Upon completion of the delineation Final Site Assessment Report bubmitted to IRMUS, (assumes 7 calendar day IRMUS review) I 183 Consent Item <�k Indian River County, Florida Department of Utility Services Board Memorandum Date: March 24, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Final Pay TLC Diversified, Inc. for South County Reverse Osmosis Water Treatment Plant Blower Replacement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) located at 1550 91h Street SW, Vero Beach. 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 Degasifer/Scrubber Blower (Odor Control System) at the SCRO WTP. Design was completed, and bids were solicited and accepted. On December 17, 2019, the BCC approved Bid #2020009 to TLC Diversified, Inc., (TLC) for the amount of $208,100.00 to replace the existing blowers. This amount included the base bid of $198,100 and unforeseen conditions/contingency account allowance of $10,000. The notice to proceed (NTP) was issued on February 13, 2020. During the replacement of the new blowers, it was discovered that the five actuator valves that control the air flow through the degasifiers and odor control scrubbers had failed. The contractor was authorized, under Work Change Directive #1, to utilize $2,584.05 from the contingency account to evaluate the condition of the actuators and determine necessary steps for repair. This evaluation concluded that the actuators were not repairable and in need of replacement. Following said evaluation, TLC submitted a proposal to replace and install five actuator valves for a lump sum of $60,194.25. On November 17, 2020, the BCC approved Change Order #1. The project has since concluded. TLC prepared a deductive work change directive to credit $7,415.95 back to IRCDS for the unused funds from the contingency account. Therefore, the new total for TLC is $260,878.30. Analysis: TLC has completed the blower and valve replacement at the SCRO WTP successfully and is requesting a final payment and release of retainage. TLC has submitted all close-out documentation required per contract to 184 F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Final Pay TLC Blowers draft_KH.docx IRCDUS. To date, TLC has been paid $231,640.47. Payment in the amount of $29,237.83, including release of retainage; will complete the county's obligation to the contractor. Funding: Funds for this project are derived from the renewal and replacement (R&R) budget in the Utilities operating fund. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount SWTF Odor Control Equip Replac 47121936-044699-19519 $ 3,500.00 Retainage—TLC Diversified 471-206000-19519 $25,737.83 Total $29,237.83 Recommendation: Staff recommends that the Board of County Commissioners approve the final pay application in the amount of $29,237.83, which includes the release of retainage to TLC Diversified, Inc. Attachments: Final Pay Application F:WtilitieALITILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Final Pay TLC Blowers draft_KH.docx 185 Kimlep»Horn Memorandum To: Terry Southard —Indian River County Utilities From: Nick Black, P.E. Date: February 12", 2021 Subject: Oslo WTP Blower Replacement Payment Request No. 7 ICHA Project No. 044572053 Bid #2020009 This .pdf presents Application for Payment No. 7 from TLC Diversified, Inc. in the amount of $29,237.83 for the period through February 28"', 2021. We have reviewed the pay request and recommend payment of the attached invoice. This presents the final payment application for this project. Included in this pay application are the release of liens, consent of surety and record drawings. Spare parts are at Oslo WTP and punch list has been completed as per site visit on March ;11", 2021. Should you have any questionsplease do not hesitate to contact me directly at 561-421-1979. 34?-?ozl Attachinents: Application for Paymment No. 7 Copy to: Mark Miller, P.E./File (w/ attachments) K:\WPB_Civil\044572053 —South Oslo Blower Replacement\Construction\Pay App\7\Pay Request No. 7.mem.docx c - 1920 Wekiva \\ray_ Suite 200. West Palm 13rad. FL 33411 561 8450665; O IL �I O O IOU N O� N ,34 O� d O a7 z w �U W Q O W Z F- Z 3 O W OU a I 1 y D � w o d N W J W D LL y r W a i cyi rn to n M U? C N C-4 W u N, LL O - J i V U. 'O C7 a7 d W ar cn U. 0Z@) >w o0 F o a U U Q a m� m o zC dm fir. NN. a7 r 0 Eh Q5> Hcc4arn cn a U J a o a. 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LL LO 0 M d rn d N 0 N N Q co Cl a N c CL 1 LO 0 M d rn d N 0 N N Q co Cl a N c CL O C� w d (C CL IL e O O LO N M 0 {f} N O .-i O O O M O1W C O N d' Q� 0 .o LO 10 N M O' N ON M 10 LO 10 W N Y rn � O 0 3 10 J Q d Q 3 � O Z > O o J o Z u Q U N -0U } O LU o 3 = v � O .0 ?� U � C Q a' •-+ O N co M d' 0 In 0 .O 0 N N N N N N O C� w d (C CL IL a) a J g V) i mo L� h � 0 N W O a ?F I S o fA W co M :) J o Q V Ch Cl W N 9L Q W o W� a VLL, LL LU N �~ w 0 o o vI !n W Cl) I M U. OWw� 1 In O I W W J a ` M W TZIOZ6 oo U ' Z O , Q of _U W a U .� a. a m a. N `Q > I a d C: ~ 00 LL ctl IL N ZN o Q a = aw c _ 0:F m m •• i 0 C` aiLLI v F` O p m y c m LL o� O 1 y O 'fl 5 m L- LU a) a WAIVER AND RELEASE OF LIEN AND/OR BOND UPON FINAL PAYMENT (SECTIONS 713.20(5) AND 255.05(2)(C), FLORIDA STATUTES) KNOW ALL MEN BY THESE PRESENTS: The undersigned lienor, in consideration of the final payment in the amount of one dollar and .00/100 cents ($1.0o) paid by TLC DIVERSIFIED, INC. The undersigned hereby waives and releases its lien and right to claim a lien, and any right to claim against any payment bond, for labor, services or materials furnished to TLC DIVERSIFIED, INC., and Indian River County the Owner, and the building on premises legally described as: IR Oslo Blower TLC Job # 19-18-01 on account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND SEAL THIS 26thDAY OFFebruary , 2021 WITNESSES: 1 _�riwrr��rrni,Q,6sc, ,! STATE OF Virginia COUNTY OF News I HEREBY ACKNOWLEDGE THAT THI FOREGOING WAIVER OF RIGHT TO CLAI: :ASE OF LIEN ARE TRUE AND CORRECT. / Aimee Pickup PERSONALLY KN+..._. __ _.— _.. ___. _._ ______—__ 3EFORE ME THIS 2 _IMAM OF February, 2021 MY COMMISSION EXPRIES 11/30/22 NOTARY PUBLIC C C J � nEa mut <� O� rr eiiniip� Z nrm= L7 EALTHd �t rw•tw� 192 CONSENT OF Ow f Ar 0 Arrhitnrt El rnniyarinr 11 SURETY COMPANY o Ofharft TO FINAL PAYMENT AIA Document. G707 I Bond No. 050894C PROJECT: OSLO WATER TREATMENT PLANT BLOWER REPLACEMENT TO (Owner) ARCHITECT's PROJECT NO: 2020009 INDIAN RIVER COUNTY 180027 1h Street Vero Beach, FL 32960 CONTRACT FOR: OSLO WTP BLOWER REPLACEMENT CONTRACTOR: TLC Diversified, Inc. 271917`h Street East Palmetto FL 34221 CONTRACT DATE: December 17, 2019 In accordancewith the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Westfield Insurance Company I PO Box 5001 I Westfield Center, OH 44251 , SURETY COMPANY, On bond of (here insert name and address of Contractor) TLC Diversified, Inc. 271917'h Street East Palmetto, FL 34221 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not - relieve the Surety Company of any of its obligations to (here insert name and address of owner) INDIAN RIVER COUNTY 1800 27th Street Vero Beach, FL 32960 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this Attest:. a$ per attach Poor of Attorney 's (Seel): v?Certifi%te & Seal ;. , i a 2nd day of March, 2021. Westfield I nce ompany Su y nature uthorized Repres Laura D. Moshoider, Attorney -in -Fact & Florida Licensed Resident Agent 1 Title Inquiries: 407-330-3990 AIA DOCUMENT • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIA a ONFI"E ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 I THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 02/20/20, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0994592 00 j Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. CERTIFIED coPv Ohio Farmers Insurance Co. Westfield Center, Ohio Know Alt Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existingunder theconstitute andlawslaws of the State of Ohio, and having Its principal office in Westfield dCenter• Medina County, Ohio, do by these N BRAMLAents GE, LAURA 0. MOpSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY i I of ST PETERSBURG and State of FL its true and lawful Attorney(s)-in. Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship........................................................ .. . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED' TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate sealofthe applicable Company and duly attested by Its de under and YSecretary. hereby ratifyingg and confirming all that the said Attorney(s)-in-Fact may do in the WESTFIELD sIN INSURANCE COMPANY WEESTFIELD NATIONAL1ority of the followINSURANCE COMPANY ratifying solution OHIO FAPted RMERS INSURANCE the Board ICOMPANYof each of the "Be It Resolved that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions; i The Attorney-in-fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds. recognizances, contracts. agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed b the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designatedpersonand the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be vafid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8. 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 20th du of FEBRUARY A.D., 2020 . r,ur,r, p unu„p Corporate . y�� WESTFIELD INSURANCE COMPANY Seals \:dP4 r, apt:°Nn�.:;.sG ,�11_..,„•.� WESTFIELD NATIONAL INSURANCE COMPANY Affixedp': '' ••• OHIO FARMERS INSURANCE COMPANY fav M ,� ��” - • •'• .-..•� •. i t. '••shun np,„`d',,, y���,uiu,,,",N'"f� State of Ohio By: County of Medina ss.: I Gary W. jumper, Natlona Surety Leader and Senior Executive On this 20th day of FEBRUARY A.D., 2020, before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal at A L S Affixed P,.•• ”' % zr�\11t1 State of Ohio NA&o County of Medina ss.: q ..,,O,r.+•"" David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 2nd day of March A•D••2021 �".R"4 ONAl t e7riAL + i N� SEA. em • Srssrtd"', a+9 ��„ ^^ � i i''•. r o',3 �•. 1848 ;�� . �•• •''•..�.•''+rE Frank A. Carrino, Secretary "••„uueu.a•. SPOAC2 (combined) (08.02) i -'194 1661 INDIAN RIVER COUNTY, FLORIDA 1 MEMORANDUM I TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director I THROUGH: Bill Schutt, AICP; Chief, Long Range Planning FROM: Matt Kalap, Planner, Long -Range Planning DATE: April 1, 2021 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting I It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 13, 2021. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: Anri120.2021 1. Sunnyside Up 1 LLC's request to rezone ±40.25 acres located south of and adjacent to 26th street approximately ±775 feet east of 66th avenue and approximately ±700 feet west of 58th avenue and north of the Indian River Mall, from PDTND, Planned Development Traditional Neighborhood Design, to RM -8, Multiple Family Residential District (up to 8 units per acre). [Quasi; Judicial] RECOMMENDATION: The referenced public hearing item is providedfor the Board's information. No action is needed at this time. 195 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: John Stoll; Senior Planner DATE: April 1, 2021 SUBJECT: Notice of Scheduled Public Hearing for a Proposed FPL Solar Energy Site It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April, 13, 2021. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: April 20, 2021: 1. Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (FPL Grove Solar Energy Center) [SP -SE -21-02-04 / 2020090097-88553] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 196 Public Notice (Informational) /0 C 3 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 22, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Notice of Scheduled Public Hearing on April 20, 2021, to Consider North Sebastian Water and Sewer Phase 2, Resolution III (Legislative) It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of April 20, 2021. Descriptions and Conditions: Please be advised that the following public hearing item has been scheduled for BCC consideration: April 20, 2021 Considering an assessment for North Sebastian Water and Sewer Phase 2, Resolution III. [Legislative]. Recommendation: The referenced public hearing item is provided for the Board of County Commissioners' information. No action is needed at this time. 197 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2021 Agenda Items\Agenda Public Hearing Notice North Sebastian.docx !la Office of the INDIAN RIVER COUNTY ADMINISTRATOR I i Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Boardi of County Commissioners FROM: Jason E. Brown County Administrator DATE: February 2, 2021 1 SUBJECT: Update Regarding COVID-19 Vaccinations I I would like to present an update regarding COVID-19 Vaccinations I 198 El? C a °a� Office of the z -010INDIANRIVER COUNTY * * ADMINISTRATOR ORVO* Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator PREPARED BY: Kristin Daniels Director, Management,& Budget DATE: April 5, 2021 SUBJECT: American Recovery Plan Act of 2021 — Proposed Spending Plan BACKGROUND: On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United State's recovery from negative economic health and economic impacts of COVID-19. Indian River County's ARP allocation is anticipated to be $31,292,756. Funding will be awarded in two phases with the first 50% or $15,646,378 being awarded within 60 days of the bill being signed which is scheduled to be sometime in mid-May. The remaining 50%, phase 2 allocation will be awarded not earlier than 12 months after the date on which the first allocation was paid. The County will have until December 31, 2024 to fully exhaust the $31.3M award. Use of funds as outlined in the bill text are as follows: "(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; "(B) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; 199 "(C) for the provision ofgovernment services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recen tfullfiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or "(D) to make necessary investments in water, sewer, or broadband infrastructure. Unfortunately, at this time the County has not been provided any further details regarding eligibility of expenses. As with the CARES !Act, guidance will likely be forthcoming and may change multiple times over the next few months and years as the pandemic evolves. ANALYSIS: The following table shows the proposed spending per the categories outlined in the bill, with the exception of Constitutional Officer Expenses. As shown below, $15,646,378 or 50% will be prioritized as phase 1, with the remaining 50% reserved for phase 2. Because Indian River County municipalities were awarded direct funding under the ARP, they have not been included in the proposal below. Items such as mortgage/rental. assistance and the rapid credentialing program have unspent funding under the CARES Act and have therefore also not been included. Details regarding individual changes are itemized over the following pages. i Spending Plan Expense Category Phase 1 ; Phase 2 Total Respond to the Public $3,120,372 $3,735,378 $6,855,750 Health Emergency Workers Performing $572,006 $450,000 $1,022,006 Essential Work Reduction in Revenues $6,000,000 $0 $6,000,000 Water/Sewer or Broadband $3,250000 $8,750,000 $12,000,000 Infrastructure Constitutional Officer $2,704,'000 $2,711,000 $5,415,000 Expenses Total $15,646;378 $15,646,378 $31,292,756 Respond to the Public Health Emergency Staff is proposing an allocation of $6,855,750 be reserved for responding to the COVID-19 public health emergency. As the bill states, "(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprof ts, or aid to impacted industries such as tourism, travel, and hospitality; Because of the economic impacts COVID-19 has had on rising home prices, staff is proposing a $4.5M allocation be earmarked for administering a program similar to the County's SHIP 200 program. This funding would be available to!assist low income households in homebuying or rehabilitation costs associated with improving a home. The County did not receive a SHIP allocation in FY 20/21, and will likely receive only a fraction of the normal SHIP allocation in FY 21/22. This program would assist those in need to purchase or rehabilitate a home that may not otherwise be affordable given the current economic conditions. Staff has begun developing specific program guidelines since the program will differ slightly from the County's traditional SHIP program. An additional $1M allocation is being proposed for the Small Business Grant Program. Staff is not recommending expanding or altering the previously existing program at this time. These additional funds would be available to businesses that did not receive funding under the CARES Act appropriation as the CARES Act allocation was exhausted before all eligible businesses could receive funding. The County has partnered with the Indian River County Chamber of Commerce to offer a tourism promotion campaign estimated to cost $275,000. This advertising campaign would promote the County as being "Open for Business" while targeting the hospitality and tourism industries. The proposed program would offer vouchers for a free night's stay or discount at local restaurants and tourism related businesses after an initial stay in Indian River County. The program would encourage repeat visitors and strive to increase tourism over the summer months when hotel vacancies are at their peak. The County is also proposing to partner with the United Way to address the ongoing impact of COVID-19. Areas of focus include mental health assistance, child abuse prevention and absentee diversion which are all expected to increase as the pandemic continues. The need for most of the other existing programs has reduced significantly over the last few months. This trend is expected to continue as we move forward. Staff estimates this program to cost $540,750. The remaining $540,000 is being proposed to address ongoing COVID-19 related response within the BCC departments including enhanced cleaning of buildings, PPE, Munis modules to support teleworking and paperless transactions, consultant services if needed (reporting requirements still have not been released) and jT upgrades. Workers Performing Essential Work Funding for COVID-19 related overtime, Emergency Services District related expenses such as hands-free CPR devices, and worker's compensation costs for first responders is estimated to need an allocation of $1,022,006 through December 31, 2024. Reduction in Revenues Although the County is awaiting further guidance regarding eligible revenue loss reporting, staff anticipates to claim approximately $6M in lost revenue as a result of COVID-19 through September 30, 2021. These estimates are based on months where the County experienced a decrease in revenues related to COVID-19 when compared to actual revenues collected in FY 18/19, the first full fiscal year prior to the onset on the pandemic. Initial revenue loss was incurred 201 in the County's State Shared Revenues, Half -Cent Sales Tax, Gas Tax, Court Facility Surcharges, Tourist Taxes, Optional Sales Tax, Golf Course, Pools, Shooting Range, iG Facility, and Utilities. The County continues to experience losses Court Facility Surcharges, Pools, iG Facility, as well as Utilities when compared to FY 18/19. Staff has estimated these losses through September 30, 2021. Water/Sewer or Broadband Infrastructure As specifically referenced in the bill text, improvements to water/sewer and broadband infrastructure are eligible expenses under the ARP. Currently, the City of Fellsmere is undergoing a broadband study to determine where these services are most needed throughout the City, and how best to address the issue. Broadband is crucial in the City of Fellsmere and many other parts of the County to ensure teleworking and distance learning are able to take place. Staff plans to undertake a broadband study to evaluate needs throughout the unincorporated areas of the County to determine broadband needs and identify potential solutions. Staff is proposing an allocation of $4M toward broadband improvements in the County. Septic to sewer projects continue to remain a priority of the County and staff is proposing a $2M allocation towards these efforts. Funding for septic to sewer projects in Roseland, West Wabasso, and Floravan Shores will be provided with this allocation. Staff will have these projects completed by the December 31, 2024 deadline. The South County Water Treatment Plant is scheduled to undergo a significant renewal and replacement project which includes membrane replacement, high service pump replacement, piping modifications, a membrane cleaning system, and increased recovery as part of the overall improvement project. The engineer's estimated cost for the project is $16M. Staff is proposing a $6M allocation to offset the significant cost of these enhancements. Constitutional Officer Expenses Staff has received requests totaling $5,415,000 from the Constitutional Officers. The Clerk of Court has requested a $1M allocation, the majority ($625,000) of which is to offset reduced revenues experienced as a result of courthouse closures. The remaining $375,000 would be to respond to the public health emergency by improving IT infrastructure to support teleworking and remote redundancy for disaster recovery. The Sheriff has requested an allocation of $4M. Expenditures related to responding to the public health emergency total $3.5M of the total request. These activities include PPE/disinfecting, infrastructure improvements to promote social distancing, and improvement in IT infrastructure to promote teleworking. The remaining $500,000 requested is for essential workers to conduct essential work including overtime expenses incurred as well as COVID detail. The Supervisor of Elections has requested an allocation of $100,000 in order to respond to the public emergency. This funding will be used to purchase a DS850 ballot tabulator. Due to the 90% increase in main -in ballots the Supervisor of Elections processed due to COVID-19, an additional ballot tabulator is needed. 202 The Tax Collector and Property Appraiser have requested allocations of $300,000 and $15,000 respectively. These requests are providing funding to respond to the public health emergency and include miscellaneous purchases and COVID-19 related sick pay. RECOMMENDATION: Staff recommends that the Board consider the proposed spending plan (see attachment) as further detailed above totaling $31,292,756, consider any changes, and approve the attached plan (with any amendments as needed). Staff further recommends that the Board authorize staff to submit the funding plan to the Treasury Department, complete any documentation necessary to do so, and authorize the Chair to execute any agreements with the funding partners that is consistent with our Federal requirements. i ATTACHMENTS: ARP Proposed Spending Plan 203 Indian River County American Recovery Plan (ARP) Act Spending Plan Initial 50% Allocation $15,646,378 Second 50% Allocation to be received May of 2022 $15,646,378 Total Allocation $31,292,756 .Proposed Spending Plan Originally Estimated Type of Expense Expenses Phase 1 Phase 2 Total Constitutional Officer Expenses $5,415,000 $2,704,000 $2,711,000 $5,415,000 Clerk $1,000,000 $500,000 $500,000 $1,000,000 Sheriff $4,000,000 $2,000,000 $2,000,000 $4,000,000 Property Appraiser $15,000 $4,000 $11,000 $15,000 Supervisor of Elections $100,000 $100,000 $0 $100,000 Tax Collector $300,000 $100,000 $200,000 $300,000 Reduction in Revenues $6,000,000 $6,000,000 $0 $6,000,000 Workers Performing Essential Work $1,022,006 $572,006 $450,000 $1,022,006 COVID-19 Overtime $100,000 $50,000 $50,000 $100,000 Emergency Services District Expenses $650,000 $350,000 $300,000 $650,000 Worker's Comp - First Responders $272,006 $172,006 $100,000 $272,006 Respond to the Public Health Emergency $6,855,750 $3,120,372 $3,735,378 $6,855,750 Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.) $125,000 $75,000 $50,000 $125,000 IT Upgrades $200,000 $200,000 $0 $200,000 Munis Modules to Support Teleworking $50,000 $50,000 $0 $50,000 Enhanced Cleaning of Buildings $150,000 $150,000 $0 $150,000 Consultant Services $15,000 $5,000 $10,000 $15,000 Small Business Development Grant $1,000,000 $1,000,000 $0 $1,000,000 Downpayment & Rehabilitation Assistance $4,500,000 $1,000,000 $3,500,000 $4,500,000 Tourism Promotion $275,000 $275,000 $0 $275,000 United Way $540,750 $365,372 $175,378 $540,750 Water/Sewer or Broadband Infrastructure $12,000,000 $3,250,000 $8,750,000 $12,000,000 South RO Water Plant Enhancements $6,000,000 $1,250,000 $4,750,000 $6,000,000 Septic to Sewer $2,000,000 $1,000,000 $1,000,000 $2,000,000 Broadband in Rural Areas $4,000,000 $1,000,000 $3,000,000 $4,000,000 Total $31,292,756 $15,646,378 $15,646,378 $31,292,756 204 Randi Wardlow From: forms@ircgov.com Sent: Tuesday, April 13, 202114:31 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Covid relief funding for small nonprofits 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 Email Janice Broda . jcbroda@comcast.net Address 12396 Hwy AIA, Vero Beach Phone 772-538-5223 Subject or Covid relief funding for small nonprofits Agenda Item Public Small nonprofit organizations are an impo Comment adversely impacted by covid-19, as have making provisions to see that these small relief funds that IRC is administering. More Info: Form Submission Time 4/13/2021 04:31:14 EDT( -0400 G Visitors IP 69.137.163.163 Unique ID 5c75e96e47eff8a63b9a4195e77c --Warning-- it part of the fabric of our community and have been ny businesses, large nonprofits & IRC. Please consider lanizations can, where warranted, have access to the covid 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 handlediwith extreme caution. --Warning-- ZpA-1 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, CountyA'dministrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Designation of Trane U.S. Inc., as Sole Source Provider for HVAC Control Systems, System Refurbishments, and Equipment Replacement DATE: April 7, 2021 DESCRIPTION AND CONDITIONS Indian River County Public Works has been utilizing Trane U.S. Inc., for the replacement of our large air conditioning equipment, replacement or refurbishment of our aging Trane air handlers, replacement of our aging Variable Air Volume (VAV's) systems and the replacement of the existing Johnson Control Systems throughout the County for more than 10 years. The equipment and services have typically been obtained through piggyback or cooperative contract. Trane provides design services as part of their analysis of our systems for replacement or refurbishment as part to their service along with permitting the work through the Building Division. On large projects such as the replacement of the VAV's and controls at the Courthouse, the design services alone save the County tens of thousands of dollars with every project, as well as months of staff time. This sole source request is only for Courthouse, Buildings A & B, the Health Department, the Sheriffs Administration Building, the IG Center, Main Library, North County Library, and Sebastian Corners. The remaining systems within the County will continue to be serviced and replaced by local vendors. Upcoming projects include the Health Department which has been analyzed by Trane for replacement of the original air handlers (6) and the original VAV's (16), installed in 1993, with high efficient equipment and Trane Controls for further operational efficiency, currently budgeted at $800,000. Attached are the costs for installation and the purchase of the equipment at the Health Department. It is estimated that the County saved over $75,000 in design costs by working with Trane on this project. Staff has also been working with Trane to refurbish the remaining air handlers in the Courthouse, originally installed in 1993, with new coils, motors, and other equipment currently budgeted at $400,000 per year for the next three years. There are 16 air handlers remaining in the Courthouse that need refurbishment. See the attached assessmentfor the air handlers at the Courthouse. The utilization of cooperative agreements will continue to be the primary method of cost verification for ,all Trane Proposals, however staff is requesting -the sole source designation for the above locations to provide flexibility not afforded using cooperative agreements, which require item by item cost verification against the agreement. FUNDING Funding for infrastructure improvements is available in the Optional Sales Tax Fund, Facilities Management, Capital Improvements Element, Health Department VAV Replacement Account 31522019- 066510-21004 and Courthouse Air Handler Refurbishments 31522019-066510-21005. 205 RECOMMENDATION Staff recommends the Board of County Commissioners declare Trane U.S. Inc., as the County's sole source provider for HVAC system controls, system replacement and refurbishment at the Courthouse, Buildings A & B, Health Department, Sheriffs Administration Building, IG Center, Main Library, North County Library, and Sebastian Corners, and authorize the Purchasing Division to issue Purchase Orders to Trane, as funds are authorized by the Budget Office, and as the Trane Terms and Conditions are approved by the County Attorney as to form and legal sufficiency. Attachments IRC Health Department AHU and VAV Replacement Proposal Proposal — Supplied Equipment Indian River County Courthouse — AHU Evaluation Report Agenda Item for April 13, 2021 206 TRIWE' Building Services Prepared For: Indian River County 4305 431d Avenue Vero Beach, FL 32967 Job Name: IRC Health Dept. AHU and VAV Replacement WE MAKE BUILDINGS WORKBETTER FOR LIFE. - Fax: Project Location: Indian River County Health Department 1900 27th Street Vero Beach, FL 32960 Revised: April 6, 2021 Proposal Number: 2904393 Trane is pleased to offer you this proposal to replace six existing chilled water air handling units and convert two direct expansion systems with two new chilled water air handling units. Replace the sixteen VAV boxes and six duct heaters that are located within the building. Provide the integration of the new equipment listed above into the existing Tracer SC building controls system. Each new air handler also includes bi polar ionization. Mechanical Scope of Work: Field Verification I • Field verification and review of engineered drawings prior to commencement of any work. Existing Air Handling Units Demolition • Shut down the six (6) existing AHUs and drain the chilled water piping to a level just below the main isolation valves. ' • Disconnect the existing electrical wiring from the existing AHU. • Disconnect the existing ductwork, chilled water piping, and any other mechanical attachments. • Disassemble the existing air handling units, remove from the mechanical room and dispose. • Shut down the two (2) existing split systems located in the conference room and the front mechanical room. • Recover the refrigerant per the EPA guidelines. • Disconnect the existing electrical wiring from the existing AHUs and Condensers. • Disconnect the existing ductwork, refrigerant piping, and any other mechanical attachments. • Remove the air handling units from their locations and the existing condensing units from the roof and dispose. I New Air Handling Units Installation • Install six (6) new (customer supplied) Trane chilled water AHUs unit into the existing mechanical rooms located in the building. • Install two (2) new (customer supplied) Trane chilled water AHUs unit into the existing mechanical room and Conference Room. • Furnish and install two (2) new chilled water electronic control valves (one per AHU) for the converted DX AHUs. • Modify the existing chilled water piping and reconnect to the new air handling units. • Furnish and install new pipe insulation for the water piping that was disturbed during this project only. • Fabricate and install new supply air duct connections to the new AHUs. • Furnish and install six (6) new VFDs for the larger AHUs in the mechanical rooms. 207 T I WE MAKE BUILDINGS WORK BETTER FDR LIFE'" ,Building Services • Reconnect the existing electrical wiring to the new VFDs and AHUs. • Connect to existing condensate drains. • Furnish and install six (6) new outside air dampers onto the existing outside air duct located in the mechanical rooms. = • Install eight (8) Bipolar Ionization devices (1 per,AHU) on to the new AHUs including power wiring. • Upon completion the AHUs will be started and satisfactory operation verified. Existing Air Terminal Units and Duct Heater'Demolition • Disconnect the existing ceiling grid in the locations of the existing air terminal units and duct heaters. • The high voltage electrical connections to the aii terminal units and duct heaters will be disconnected. • Remove the air terminal units and duct heaters form the existing locations. • The existing air terminal units and duct heaters will be removed from the site. • Trane will provide all rigging needed for demolition. I New Air Terminal Units and Duct Heater Installation • Install sixteen (16) new (Customer Supplied) Variable Air Volume (VAV) air terminal units back into the existing locations. • Install six (6) new (Customer Supplied) duct heaters back into the existing locations. • Modify as necessary the existing ductwork to reconnect the new air terminal units. • Reinsulate as necessary the disturbed areas of ductwork and match to the existing insulation. • Modify as needed the existing high voltage electrical and reconnect to the new air terminal units and duct heaters. • Reconnect the existing ceiling grid in the locations of the existing air terminal units and duct heaters as required. Controls Scope of Work: Trane proposes to enhance the building automation system at Indian River County Health Department. We will be converting the air -handling units to a single zone VAV sequence, which will provide energy savings to the building. We are also providing an optional addition to implement Demand Control Ventilation, which will also allow for additional energy savings. As part of the Demand Control Ventilation, there will be a $3,000 FPL rebate. The controls for this project will be tied into the system using wireless communication. EXISTING TRACER SC, INCLUDING: • 2 Wireless Communication Interface Coordinators REPLACED FACE & BYPASS AIR HANDLER UNIT AND CONVERTED TO SINGLE ZONE VAV AIR HANDLER UNITS CONTROLS, TYPICAL FOR 1 (AHU-1), INCLUDING: • Supply Fan VFD Start/Stop • OAU Start/Stop I • Exhaust Fan Start/Stop EF -10 (Existing) i • Supply Fan VFD Status • Filter Status • Supply Fan VFD Speed Control • Chilled Water Valve i • Outside Air Damper Control (Damper & Actuator installed and provided by Mechanical Contractor) • Supply Air Temperature • Zone Temperature 208 U L!1 -_r -i °!VT Building Services i I RVArm 0 rl"11 WE MAKE BUILDINGS WORK BETTER FOR LIFE— • Return Air CO2 Sensor — Option Add i • Demand Control Ventilation — Option Add • Outside Air Flow Sensor • Return Air Humidity Sensor- Option Add ' • DDC BACnet Controller (Existing) A REPLACED FACE & BYPASS AIR HANDLER UNIT AND CONVERTED TO SINGLE ZONE VAV AIR HANDLER UNITS CONTROLS, TYPICAL FOR 1 (AHU-2), INCLUDING: • Supply Fan VFD Start/Stop • Exhaust Fan Start/Stop EF -1 (Existing) ! • Exhaust Fan Start/Stop EF -4 (Existing) • Supply Fan VFD Status i • Filter Status • Supply Fan VFD Speed Control • Chilled Water Valve • Outside Air Damper Control (Damper & Actuator installed and provided by Mechanical Contractor) • Supply Air Temperature • Zone Temperature , • Return Air CO2 Sensor — Option Add ` • Demand Control Ventilation — Option Add • Outside. Air Flow Sensor • Return Air Humidity Sensor— Option Add • DDC BACnet Controller (Existing) ' REPLACED FACE & BYPASS AIR HANDLER UNIT AND CONVERTED TO SINGLE ZONE VAV AIR HANDLER UNITS CONTROLS, TYPICAL FOR 2 (AHU-3 & AHU-4), INCLUDING: • Supply Fan VFD Start/Stop • Exhaust Fan Start/Stop (Existing) • Supply Fan VFD Status • Filter Status • Supply Fan VFD Speed Control • Chilled Water Valve • Outside Air Damper Control (Damper & Actuator installed and provided by Mechanical Contractor) • Supply Air Temperature • Return Air Temperature • Return Air CO2 Sensor — Option Add I. • Demand Control Ventilation — Option Add • Outside Air Flow Sensor • Return Air Humidity Sensor — Option Add • DDC BACnet Controller (Existing) REPLACED VAV AIR HANDLER UNIT CONTROLS, TYPICAL FOR 2 (AHU-5 & AHU-6), INCLUDING: • Supply Fan VFD Start/Stop • Exhaust Fan Start/Stop (Existing) , • Supply Fan VFD Status • Filter Status (Factory) • Supply Fan VFD Speed Control • Chilled Water Valve • Outside Air Damper Control (Damper & Actuator installed and provided by Mechanical Contractor) • Duct Static Pressure Sensor (Existing) • Supply Air Temperature • Return Air Temperature 209 TRANS' Building Services nc. 6965 Vista Parkwav North. Suite 11 West Palm • Return Air CO2 Sensor — Option Add • Demand Control Ventilation — Option Add • Outside Air Flow Sensor • Return Air Humidity Sensor — Option Add • DDC BACnet Controller (Existing) REPLACED CV AIR HANDLER UNITS CONTROLS, • Supply Fan Start/Stop • Supply Fan Status • Filter Status • Condensate Overflow Switch (Factory) • Chilled Water Valve • Supply Air Temperature • Return Air Humidity Sensor — Option Add • Air-FiTM WCS-SD Wireless Zone Sensor • WCI Wireless Communication Interface (Factory) • DDC BACnet Controller (Factory) WE MAKE BUILDINGS WORK BETTER POR LIFE.'" TYPICAL FOR 2 (AC -A & AC -B), INCLUDING: REPLACED VAV BOXES CONTROL, TYPICAL FOR 16, INCLUDING: • Supply Air Temperature (Factory) • Modulating Actuator (Factory) i • Air-FiTM WCS-SD Wireless Zone Sensor • WCI Wireless Communication Interface (Factory) • DDC Controller (Factory) I NEW ELECTRIC DUCT HEATER CONTROL, TYPICAL FOR 6, INCLUDING: • Heating Stages Start/Top ; • Air-FiTM WCS-SD Wireless Zone Sensor • WCI Wireless Communication Interface • DDC Controller LABOR INCLUDING: • Engineering I • Installation • Custom color graphic displays, reports and alarm sequences • Low voltage wiring • Startup & checkout • Owner training • One year warranty CONTROLS PRICE ASSUMES: • Scope and pricing excludes any repairs or additions to the existing Building Automation System other than defined above. • Existing Equipment is working properly. • A total of 16 VAV Boxes will be replaced on 2ND. floor; if additional VAV Boxes have to be replaced during the installation, a separate proposal will be provided to add them to the new control system. • Warranties excluded on any hardware not provided under this proposal (i.e. Controllers, Building Control Units, laptops, etc...). • Power Wiring to BCS Controllers by Div. 16 • Standard production & delivery cycles • All work to be performed during normal working hours 210 WE MAKE BUILDINGS WORK BETTER FOR LIFE.- TJNNE' ' Building Services Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Phone: (561) 683-8227 Fax: (561) 697-8714 Additional Items Included: • Mechanical and electrical engineering for AHU replacement. • All rigging, as required. • First year warranty on installation and equipment. • All applicable taxes and insurance. • Project Management, subcontractor and material coordination. General Conditions: • If a permit is required Trane will procure it and pass the permit fees, if any, through to the customer via a change order. I • The Customer will provide a secure staging area at the job site for use by Trane to receive and store materials. • Trane will also require uninhibited access to the surrounding area for the entirety of the job during normal working hours as well as after hours if required. • Commencement date to start upon engineer's approval. • Work performed by Trane or its subcontractors will comply with all applicable Federal, State and Local codes and standards. • This proposal is subject to acceptance of the attached Trane Standard Contract Terms and Conditions. Proiect Exclusions on the Scope of Work: • Bond • Furnishing of the above mentioned equipment • Permits fees will be charged to the customer via a change order if required. • Replacement, repair, or tie-in to any life safety devises or systems. • Upgrades or repairs to existing mechanical equipment, piping, or controls other than specified above. • Cutting, patching, or painting of walls. • Pipe freezing of any kind for isolation valve installation. • Building energy modeling. • Development of new CAD floor plans. • Upgrades or modifications to the existing supply air, outside air or return air ductwork. • Identification, testing, or abatement of any hazardous materials. • Removal or relocation of any existing obstacles ifirequired. • Redesigns to other existing mechanical equipment or controls other than specified above. • Redesigns to other existing electrical service equipment, other than that specified above. • Modifications to the general building exhaust systems. • Ceiling replacement of any kind. • Electrical upgrades including but not limited to wiring, circuit breakers, and/or disconnects • Work incurred due to any existing code violations' • Smoke control sequences, material or labor • Any High Voltage wiring • Provision, control and wiring of Fire, Smoke, or combination Fire -Smoke dampers, actuators, and/or end -switches — by Fire Alarm Contractor i • Dampers/damper actuators not integral to the HVAC equipment and/or associated wiring • Smoke detectors and/or associated smoke detector wiring • Firestats and/or freezestats • Excludes furnishing or installing starters or disconnects for HVAC equipment. • Excludes furnishing or installing lighting controls, photocells, switches, or contactors 211 f L Building Services Pricing: WE (HAKE BUILDINGS WORK BETTER FOR LIFE.'" Your price for the aforementioned scope of work isJ ......................................................... $586,877 HVAC BAS Technician ($172 x 200 hours) $ 34,400 HVAC Commercial AC Tech ($154 x 770 hours) I $118,580 Pipefitter ($174 x 360 hours) $62,640 HVAC AC Tech Overtime Labor ($231 x 80) $18,480 Engineering Design ($234 x 72 hours) ( $16,848 Test & Balance ($201 x 48 hours) + $9,648 Project Manager ($174 x 340 hours) $59,160 Project Administration ($127 x 140 hours) I $15,240 Sheet Metal ($147 x 120 hours) $20,580 Insulation ($154 x 80 hours) $12,320 Electrician ($234 x 240 hours) $ 56,160 Outside Air Dampers $3,750 Outside Air Damper Actuators $4,610 Trane Control End Devices, CO2 sensors, Tracer 1pro service subscription, OA air flow meter, Outside air sensors and humidity sensors, supply air temp sensors, zone temp sensors, filter status switches, wireless coordinators, new wireless comm $22,470 interface, new heater DDC bacnet controllers, Tracer SC License, transformers, relays, differential pressure sensors Temp sensors, Wells and Switches 1 $3,724 Air Handler Control Valves i $14,700 Isolation Valves $3,957 I Misc Materials (consumable materials, rags, cleaner, lubricant, disposal fee, etc.) $4,750 Freight $2,450 Warranty $4,740 Electrical Materials (Copper Wire, conduit, new whips, new 50 amp circuit, transformers, relays, low voltage wire,) $38,870 Mechanical Materials (steel pipe, pipe fittings/adapters, welding materials, insulation material, service kits, steel beams, air handler stands, VAV hanging kits, all thread, anchors, ceiling tiles allowance to replace as needed, sheet metal, foam insulation, insulation sealant, sleeves) I $58,800 !I I 212 i wE MAKE BUILOINGs WORK BErfER FOR LIFE.'" MA11V.lE' Building services i ' I rang U.J. Inc. baby vista rarxway NOrtn, Julte ii west calm Heacn, 1-L 33411 t -none: (bbl) tits-bZZ / rax: (5151) ba/-tf/14 I Please see the attached Trane Terms and Conditions, as they form part of this proposal. If you have any questions concerning this proposal, please do not hesitate to contact me. We thank you for this opportunity to be of service. Respectfully, I Bra& RtAzyc" I Brad Ruzycki James Desousa Account Manager, Account Manager, Trane Commercial Systems Trane Commercial Systems I This proposal is valid for 30 days from the date of proposal. This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions. 1 Proposal Date: April 6, 2021 Submitted By: Brad Ruzycki Customer Acceptance Trane Authorized Representative Title Acceptance Date Authorized Representative Title Signature Date 213 WE MAKE BUILDINGS WORK BETTER FO:LIFE. Building Services, .i;+�f• Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Phone: (561) 683-8227 Fax: (561) 697-8714 TERMS AND CONDITIONS — COMMERCIAL INSTALLATION "Company" shall mean Trane U.S. Inc.. 1. Acceptance; 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 commercial goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 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 Company's acceptance or assent to terms and/or conditions otherthan 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 Customers terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not rejector object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customers acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. 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 Customers obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer's tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be increased a straight 1 % (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company's option, the order will be cancelled. Any delay in shipment caused by Customers actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customers expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 5. Payment Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 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 and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Wok including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customers building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customers request. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer's failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, 214 T/"E' WE MAKE BUILDINGS WORK SETTER FOR LIFE"' Building Services �.l Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Phone: (561) 683-8227 Fax: (561) 697-8714 assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also 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. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or otherwork connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively. "Hazardous Materials"). Customer warrants and represents that, except asset forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in anyway affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. 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 exclusively 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 and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or aboutthe Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials orwhen the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. 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 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work 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; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court orderor 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. 15. Customer's 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 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 Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend 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 tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other 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 parry. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement Company does not warrant against infringement by reason of Customers design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour fumished is warranted to have been 215 WE MAKE BUILDINGS WORK BETTER FOR LIFE'" Building Services Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Phone: (561) 683-8227 Fax: (561) 697-8714 properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, Iaborf abour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; 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. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. 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 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 AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES.. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed 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 waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 22. 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 Work is 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 Work is 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 Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the 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 orwritten, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. 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, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's 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. 23. Equal Employment Opportunity/Affirmative Action Clause. Company is a 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 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. 24. U.S. Government Work. 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 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 in effect as of the date of this subcontract: 52.203-19; 52.204-21; 52.204-23; 52.219-8; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-50; 52.225-26; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer 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 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 work that is the subject of the Proposal or this Agreement, otherthan the Proposal or this Agreement. 216 I WE MAKE BUILDINGS WORK BETTER FOR ME- rAWE' 6uildidg Services Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Phone: (561) 683-8227 Fax: (561) 697-8714 25. 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 thatjudsdiction 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 orvenue; (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. 26. 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 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 obligation 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. 27. COVID-19 LIMITATION ON LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air inclosed environments. IN NO EVENT WILL TRANE BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVID-19 LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH COVID-19 LIABILITIES. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 1-26.251-10(1019) Supersedes 1-26.251-10(0315) 217 TRANS° Proposal (Valid for 30 days from Proposal date) PROPRIETARYAND CONFIDENTIAL PROPERTY OF Trane U.S. Inc. { DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED O 2016 Trane All rights reserved Prepared For. Indian River County Job Name: IRC - Health Dept Airside Replacement — Supplied Equipment Delivery Terms: Freight Allowed & Prepaid 1 st Destination/Jobsite Date: July 30, 2020 REV: April 5, 2021 IProposal Number. H6-58120-2 i I Payment Terms: Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Tag Data - Performance Climate Changer (CSAA) (Qty: 6) Item Ta s Oty Description I Model Number Al AHU-1 1 Performance Climate Changer CSAA CSAA008UA A2 AHU-2 1 Performance Climate Changer CSAA CSAA008UA A3 AHU-3 1 Performance Climate Changer CSAA CSAA006UA A4 AHU-4 1 Performance Climate Changer CSAA CSAA006UA A5 AHU-5 1 Performance Climate Chan er CSAA CSAA021 UA A6 AHU-6 1 Performance Climate Changer CSAA CSAA021 UA ' I Product Data - Performance Climate Changer (CSAA) All Units Unit level options Indoor unit 6in. integral base frame j UL listed unit Controls Unwired controls end devices Warranty I 5 year Parts warranty (excludes existing wall -mounted UC controllers being reused) 15t year Labor warranty (excludes existing wall -mounted UC controllers being reused) Filter section (Pos #1) Flat filter 2in. filter frame MERV 8 Pleated media 1 set (Fld) Coil section (Pos #2) CHW Cooling coil i Stainless steel drain pan Bi -polar Ionization unit (Fld) Fan section (Pos #3) Supply fan Outward swing access door I NEMA premium compliant ODP Voltage 200-208/3 Trane TR200 VFD with Main Disconnect & Bypass (Shipped Loose for Field installation) HP to match fan motor HP below VFD Start-up 3 year VFD Parts & Labor warranty J: IJOBS146158120111Proposal - Supplied Equipment - IRC Health Department Airside Repl 7-30-20. doc 1 IRC - Health Dept Airside Real Item: Al Qty: 1 Tag(s): AHU-1 Unit level options Unit size 8 Filter section (Pos #1) Flat filter Door- right side Coil section (Pos #2) Vertical coil Large module 6 rows Fan section (Pos #3) Door- right side 12in. diameter FC, H press 5 HP Item: A2 Qty: 1 Tag(s): AHU-2 Unit level options Unit size 8 Filter section (Pos #1) Flat filter Door- right side Coil section (Pos #2) Vertical coil Large module 6 rows Fan section (Pos #3) Door- right side 12in. diameter FC, M press 3 HP Item: A3 Qty: 1 Tag(s): AHU-3 Unit level options Unit size 6 Filter section (Pos #1) Flat filter Door- left side Coil section (Pos #2) Vertical coil Large module 6 rows Fan section (Pos #3) Door- left side 10in. diameter FC, M press 3 HP Item: A4 Qty: 1 Tag(s): AHU-4 Unit level options Unit size 6 Filter section (Pos #1) Flat filter Door- left side Coil section (Pos #2) Vertical coil Large module 6 rows Fan section (Pos #3) Door- left side gin. diameter FC, M press 1.5 HP Item: A5 Qty: 1 Tag(s): AHU-5 Unit level options Unit size 21 Others 2020 by Trane U. S. Inc. / Installed by Equipment Proposal Page 2 of 8 IRC - Health Dent Airside Reol Filter section (Pos #1) Flat filter Door- right side Coil section (Pos #2) Horizontal coil Medium module 6 rows Fan section (Pos #3) Door- right side 20in. diameter AF, M press 10 HP Item: A6 Qty: 1 Tag(s): AHU-6 Unit level options Unit size 21 Filter section (Pos #1) Flat filter Door- left side Coil section (Pos #2) Horizontal coil Medium module 6 rows Fan section (Pos #3) Door- left side 20in. diameter AF, M press 10 HP Excludes: DDC Controller, CHW Valves, Dampers, Actuators, Installation, Smoke Detectors, Factory Start-up, Anything not listed above. Tag Data - BCXD Blower Coil - Direct Drive Item Tag(s) Oty Description j Model Number B1 AC -A 1 BCXD Blower Coil - Direct Drive BCXD BCCD036132 B2 AC -B 1 BCXD Blower Coil - Direct Drive (BCXD) BCCD060B2 Product Data - BCXD Blower Coil - Direct Drive All Units Compact Vertical Configuration 208/60/1 Foil Faced Insulation 1" Front Return Stainless Steel Drain Pan - Front Conn 6 Row High Capacity Hydronic Coil 1" Throwaway Filter (1 set) Factory —mounted UC400-B with Air-Fi WCI Condensate Overflow, Discharge Air Sensor Wireless display sensor (Fld) Bi -polar Ionization unit (Fld) 5 year Parts warranty 1 st year Labor warranty Item: 61 Qty: 1 Tag(s): AC -A Unit Size 36; 3 Ton 1/2 Horsepower No Heat Item: B2 Qty: 1 Tag(s): AC -B Unit Size 60 - 5 Ton 1 Horsepower 6.5 kW Electric Heater, 2 -steps 24 Volt Magnetic Contactors FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Proposal Others j 4 Page 3 of 8 Heat Int -lock Non -Fuse Disc. & Htr. Fuse Excludes: CHW Valves, Dampers, Actuators, Installation, Smoke Detectors, Factory Start-up, Anything not listed above. Tag Data - Variable Air Volume Single Duct Terminal Units (Qty: 16 ItemTa s Qt IDescription Model Number C1 I VAV-XX 116 1 Variable Air Volume Single Duct Terminal VCEF i Product Data - Variable Air Volume Single Duct Terminal Units Item: C1 Qty: 16 Tag(s): VAV-XX Single duct with electric heat Dual wall with 1" matte insulation UC210 DDC -Basic (Electric heat- staged) i Standard actuator Air - Fi Wireless Communication Module Four point averaging temperature sensor I 208/24 volt transformer Disconnect switch Power Fuse 208 volt, 3 phase Electric heater kW — as per original mechanical plans Stages - 3 - equal 24vac magnetic contactors 5 year Parts warranty 1 sc year Labor warranty Excludes:, Installation, Duct modifications, Mounting hardware, Factory Start-up, Anything not listed above. Tag Data - Duct Heaters Qt : 6 Item I Tag(s) Qt D1 I EDH-1 thru EDH-6 16 Product Data - Duct Heaters Item: D1 Qty: 6 Slip -in style duct heaters kW to match original mechanical plans Disconnecting Contactors Air Pressure Switch Transformer Class II Door -Interlock Disconnect Switch Hinged Lid 1 year Parts only warranty Excludes:, Installation, Duct modifications, Mounting hardware, Factory Start-up, Anything not listed above. Total Net Price (Excluding Sales Tax)....................'.................................................................... $ 123,825 Pricing is based on standard lead times. I This proposal is subject to your acceptance of the attached Trane terms and conditions i FLD = Furnished by Trane Others nt). by Equipment Proposal Page 4 of 8 IRC - Health Dept Airside Repl July 30, 2020 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 (US), provincial (Canada) 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 parry 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. 222 FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Proposal Page 5 of 8 Others IRC - Health Dept Airside Repl July 30, 2020 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc.. 1. Acceptance. 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 sale of the described commercial equipment and any ancillary services (the "Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 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 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 Equipment in accordance with the Proposal and the Company's terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customer's acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. 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. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trane.com[TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 4. Pricing and Taxes. Following acceptance without addition of any other terrns and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Company's factory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date, prices will be increased a straight 1 % (not compounded) for each 1 month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after the date of order acceptance, the prices are subject to renegotiation or at Company's option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable. All prices include packaging in accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 5. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal, and in submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement, and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Force Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the 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 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work 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; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour 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. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company -designated shipping point, freight -allowed to Company's warranty agent's stock location, for all non -conforming Company -manufactured Equipment (which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where applicable. 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. COMPANY MAKES NO REPRESENTATION OR WARRANTY, OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the EgOpment shown to be defective. Additional warranty protection is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Proposal Page 6 of 8 Others IRC - Health Dept Airside Repl July 30, 2020 DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend 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 their respective employees or other 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. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. 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 waive any rights of subrogation. 11. 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, require payment prior to shipping, 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 Equipment furnished and all damages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 13. COVID-19 LIMITATION ON LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL TRANE BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVID-19 LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH COVID-19 LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 15. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non-infringing, or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or instructions. 16. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 17. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company's invoices within net 30 days of shipment date. 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 and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company's acceptance of Customer's order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 18. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel of. Company, FLD = Furnished by Trane U.S. Inc. /Installed by Others Page 7 of 8 IRC - Health Dept Airside Repl July 30, 2020 Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 19. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be "exporter of record" with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 20. 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 of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International Sale of Goods. 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 Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the 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 subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. 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, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's 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. 21. Equal Employment Opportunity/Affirmative Action Clause. Company is a 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 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. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement 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). 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 sale of the Equipment is in connection with a U.S. Government contract, Customer 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 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 work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 23. 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 thatjurisdiction 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. 1-26.130-4 (0720) Supersedes 1-26.130-4 (0620) 225 FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Proposal Page 8 of 8 Others September 3, 2020 Customer: Indian River Courthouse 2000 16th Ave Vero Beach, FL ATTENTION: Rich —T YOND - ' Trane U.S. Inc. 6965 Vista Parkway North, Ste. 11 West Palm Beach, FL 33411 Fax: (561) 697 - 8714 Service Contact: (561) 683 - 1521 Site Address: Indian River Courthouse 2000 16th Ave Vero Beach, FL I PROJECT NAME: Indian River Courthouse – Aging' Equipment Report Per recent factory evaluation, see below list of units condition, age and budget information for Factory R'newal refurbishment services. Also note we have done a few units already as emergency projects. The majority of the units are past due for a major service based on 27 years old, most have original parts and coils and are showing signs of rust, corrosion and lack of capacity and efficiency. EQUIPMENT LIST: Equipment Model Number Serial Number Asset Ta Location Budget Exhaust Fan BBSQ-300-10 931-09 NIA 1proposal submitted to replace cluded with' Air Handler MCCA040JBD K93K75646 AHU 1-1 [Proposal submitted to Refurbish' 1$85,000', Air Handler MCCA008BBD K93E35678 AHU 1-2 I Pirty coil and blower, water leakagO rain pa $60,000 Air Handler MCCA014BBD K93E34787 AHU 1-3 LPoor shape, 27 years of $70,000 Air Handler MCCA006GAE K93E35593 AHU 2-1 Poor shape, 27 years of $60,000 Air Handler MCCA006GA K93E35658 AHU 2-2 Poor shal2e, 27 years of $60,000 Air Handler MCCA006GAE K93E35652 AHU 2-4 oor shal2e, 27 years of $60,000 Air Handler MCCA010GAE K93E35580 AHU 2-5 Poor shape. 27 years of $65,000 Air Handler MCCA006GAE K93E35584 AHU 2-6 oor sha a 27 ears of $60,000 Air Handler MCCA006GAE K93E35627 AHU 2-7 oor sha a 27 yjars old$60,000 Air Handler MCCA006MAD K93E35664 AHU 3-1 Poor shal2e, 27 years of $60,000 Air Handler MCCAOOGAE K93E35635 AH ff 3-2 Poor shape. 27 years of $75,000 Air Handler MCCA006GA K93E35618 AHU 3-4 To—orshal2e, 27 years of $60,000 Air Handler MCCA010 K93E35319 1 AHU 3-5goortshal2e, x y " t — _ oo Air Handler MCCA030GAE K93E34794 AHU N-127 years of $80,000 Air Handler MCCA021 GAE K93E34785 AHU N-2 I 06, ..,y+ ' e — oo • NIA Air Handler MCCA021GAE K93E34797 AHU N-3 oor sha a 27 years of $70,000 Air Handler MCCA017GAE K93E34791 AHU N-4 Poor shape. 27 years of $70,000 Air Handler IMCCA017GAE K93E34800 AHU N-5 oor sha a 27 years of $70,000 Air Handler I MCCA017GAE K93E34782 AHU—N--61 oor sha a 2Zyears_old $70,000 226 Greenheck Exhaust Fan — Proposed for replacement, included in the AHU 1-1 proposal • Poor Condition • Recommendation — Repair Required 227 AHU 1-1 (Proposal Submitted 9/2 for Factory Refurbishment $83,530) • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation — Factory Refurbishment L,� 228 !, I 228 AHU 1-2 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation — Repair Required 229 ' `*'�. .i.", d -.p..-• Y� ` .?E �,G''9'� #twpw"4� � t' '" " ''i t �d � � � " � � i� F rt � tr "�•ei?" y�". *w:�n. b' r w�''L�.-. ''i�, yd � .r '< ,;•���„�� 1� � ALr+R 'situ ���`">� k r`��.��1 10 �S•u • •�. „ d• � y . 70 [� �( � ���il��,��,���{��MI����f�l��';���?�'�7�t�J�IF,�Rj�,ft'�,�Jr!'E�•, vd � °t � it 'il,tlt( i'RII 1 ' a �' t�j kip aSCt�jt t1��l� IM1111juji"',91.I l(!��1('l�s;'Ul`J �"G�aJY{�f!/Ut�,u/tr,p y rr., ;,• *- __ •"_' _ ��t�l��l�(Il����j tl�lll������� iY����1}�tfy?�:t)':li}���i. r� � i ,1 � rN� . � I t _ .✓� l f{�{PMt;�i'f�'�Ft'NUO�IIR�i�Pf��i���[��M����4(ltllyfl�ui�,t���lli�br„nnNn�bf-1 "ru-”. �' �3 �ferR � ., i� r�. r AHU 2-1 • Poor Condition • Dirty Blower Wheel • Rusted And Leaking Drain Pan • Recommendation — Repair Required 231 AHW2-2 ° Poor Condition ° Dirty Blower Wheel ° Dirty Chilled Water Coil ° Rusted And Leaking Drain Pan • Recommendation — Repair Required 232 AHU 2-4 • Poor Condition • Dirty Blower Wheel • Rusted And Leaking Drain Pan • Recommendation —Repair Required 233 AHU 2-5 • Poor Condition • Dirty Blower Wheel • Rusted And Leaking Drain Pan • Bad Fan Status Switch • Low Duct Static Pressure • Recommendation — Repair Required 234 AH U 2-6 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation — Repair Required 235 AHU 2-7 • Poor Condition • Dirty Blower Wheel • Rusted And Leaking Drain Pan • Dirty Chilled Water Coil • Recommendation — Repair Required 236 -: 1� ., . i I�.-�z ;% s � �� „r -- � P� as�`^ 11 i! 1 ��� � �. �Yd � , /� ' � f � f+t - .�. •: g ..... _-' Y, S ar-: AH U 3-2 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Bad Fan Status Switch • Recommendation — Repair Required 238 AHU N-1 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation — Repair Required 240 " -^-sem t)"1 a {1.1'� %f,�F •,,,g�^ ,,f�- f of WINS, ' k m • „� ltllt(l�llJSft1t1�1G�irtt + t � � AHU N-3 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation — Repair Required 242 AHU N-4 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Loose Fan Belt • Recommendation — Repair Required 243 AHU N-5 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Bad Fan Status Switch • Bad Filter Status Switch • Recommendation — Repair Required 245 AHU N-6 • Poor Condition • Dirty Blower Wheel • Dirty Chilled Water Coil • Rusted And Leaking Drain Pan • Recommendation —Repair Required 246 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney l3a Attorney's Matters 04/13/2021 Oce of la INDIAN RIVER COUNTY i ATTORNEY MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka,liP.E., Public Works Director FROM: Susan J. Prado, Assistant County Attorney DATE: April 7, 2021 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements — Jeta Ranch, LLC - 66th Avenue, Parcel 129 Jeta Ranch, LLC is the owner of the property identified as Parcel ID Number 31393200000500000008.0 and located, at 66th Avenue, Vero Beach, Florida 32967 between 77th Street and 81St Street, depicted on the legal sketch and description attached to this memorandum as Exhibit "A". The parcel is 70.27 feet along the east side of 66th Avenue, 39.71 feet along the north property line and 25.59 feet on the south approximating 0.053 acres directly abutting the east side of 66th Avenue. The parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This is an irregularly shaped property. The site is a former citrus grove, and currently is used for grazing animals and has a pole barn in the back of the property. The pole barn is not withinIthe area of take, however improvements in the area of take consist of 3 -board fencing with 6 -inch posts and barbed wire and driveway gravel. Construction plans call for the County to acquire the following from Jeta Ranch, LLC.: ■ Parcel 129 which is made up of 0.053 acres of right-of-way consisting of 70.27' along the east side of 66th Avenue, 39.71' along the north property line and 25.59' along the northern border of the 11.2718. acre parcel; The County's appraisal for Parcel 129i was performed by Armfield & Wagner. The appraisal assigned Parcel 129 a value of $2,500. The appraisal did not find any severance 247 damages. Jeta Ranch, LLC and it's attorney negotiated with Bill DeBraal and Susan Prado on the sale of the piece of right-of-way. Staff and Jeta Ranch, LLC agreed on the terms of the Agreement that is attached to this memorandum as Exhibit "2". The Agreement terms are: • The County will pay Jeta Ranch, LLC $15,000 as a global settlement which includes the right-of-way Parcel 129, temporary construction easement, statutory attorney's fees, and expert fees. • The County previously paid $1,000 for Appraisal fees. • The County's cost to construct the driveway is approximately $4,000. The total settlement cost to the County is $16,000. A legal sketch and description of Parcel 129 is attached to this memo (See Exhibit "A"). By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Jeta Ranch, LLC. As noted in the past, expert witness fees for both parties often exceed $75,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees for Jeta Ranch, LLC. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. Jeta Ranch, LLC is represented by Mickey Barkett, of Barkett Law, in Orlando. FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact Fees/District I/ROW/66th Ave/69th Street -85th Street, Account # 10215141-066120-16009. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to purchase and sell real estate for the Jeta Ranch, LLC property and authorize the Chairman to execute all documents on behalf of the Board to effectuate the purchase. Attachments: Exhibit "A" Parcel 129 sketch/description Exhibit "2" Agreement to purchase Exhibit "B" TCE & driveway agreement 248 AGREEMENT AGREEMENT. made this day of , 2021, by and between the Board of County Commissioners of Indian River County, Florida (hereinafter "COUNTY") and Jeta Ranch LLC, a Florida Limited Liability Company (hereinafter "OWNER") WHEREAS, COUNTY is in the process of acquiring certain lands necessary for the widening and improvement of 66th Avenue; and WHEREAS, OWNER owns certain real, property abutting 66th Avenue; and WHEREAS, a portion of the lands owned by OWNER (herein designated as Parcel 129) are necessary for the COUNTY to make its planned improvements to 66th Avenue; and WHEREAS, the COUNTY and OWNERS desire to amicably. resolve all issues related to the acquisition of Parcel 129 by COUNTY on the following terms and conditions. NOW, THEREFORE, COUNTY and OWNER agree as follows: 1. The above -referenced recitals are true and correct and incorporated herein by reference. 2. Within twenty (20) days from the date of approval of this Agreement by the Indian River County Board of County Commissions, OWNER shall convey to COUNTY, by Warranty Deed, the parcel designated as Parcel 129 a& legally described in attached Exhibit A. Ad valorem real estate taxes for Parcel 129 shall be prorated as of the date of closing. Non - ad valorem taxes shall be paid in full by the OWNER. 3. OWNER shall convey marketable title to Parcel 129 to COUNTY free and clear of any mortgages, liens or other encumbrances of any nature. OWNER shall obtain partial releases of mortgage and such other documents as may be necessary in order to convey free and clear title to COUNTY. 4. Upon delivery of the above -referenced Warranty Deed and in consideration for the conveyance, COUNTY shall: a. Make payment to the trust account of David W. Barkett, PA in the amount of $15,000 for Parcel 129 less prorated taxes and assessments. This payment shall also include the reimbursement for attorney's fees, expert costs and other costs and expenses of any nature. b. At the time of construction of the 66th Avenue improvements by COUNTY, COUNTY shall install a 20 foot wide concrete driveway as depicted on the 66th 249 Avenue Plan and Profile sheet attached as Exhibit B. The owner agrees to allow temporary access to the property for the construction of the concrete driveway as shown on Exhibit B. c. At the time of commencement of the 66th Avenue improvements by COUNTY, COUNTY shall stake the new right-of-way/property line so that OWNER may install a new fence at the western property line and install a new gate on the north access point where the new driveway is to be installed. OWNER shall be fully responsible for all costs and expenses of the installation of the new fence and gate. d. OWNER shall seek no other compensation or payment of any nature from COUNTY arising from or related to the acquisition of the lands subject to this Agreement. COUNTY shall be responsible for recording costs and documentary stamps, if any, due concerning the above conveyance. 5. This Agreement is subject to and contingent upon approval of the Board of County Commissioners of Indian River County. In the event such approval is not obtained, this Agreement shall be null and void and shall not be admissible in evidence in any Court proceedings pertaining to COUNTY'S acquisition of Parcel 129. DATED on the day and year first above written. Terri A. Hale, Managing Member of Jeta Ranch, LLC. (Owner) Jeffrey D. Hale, Managing Member of Jeta Ranch, LLC. (Owner) Approved as to form and Legal Sufficiency Mickey Barkett Attorney for the OWNER 250 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency Susan J. Prado Assistant County Attorney Approved:. By Jason E. Brown County Administrator 251 E N W >> E 0 S 100' GRAPH. N w � Li o N L1 L4 Asn .I �: �. a) I 1-25' o:wF W 0 W I1 Z LU II Q I� I� I n 30' N I NM Zo JI IWw mmA — POINT OF REVERSE CURVE 31393200000500000008.0 ORB 2301, PG 11 PARCEL 129 >,286 SQ. FT. 0.05 ACRES SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST I 55' CANAL R -14E P.O.C. S.W. CORNER SECTION 32 LINE TABLE M O LATERAL 14E 16 " CANAL P, I W ,� L2 V1 K N00'32'54"E N M 39.71 O 0 _ TOWNSHIP 31 SOUTH TH TOWNSHIP 32 SO1411" N89'49'36"W 77th STREET LO M — POINT OF REVERSE CURVE 31393200000500000008.0 ORB 2301, PG 11 PARCEL 129 >,286 SQ. FT. 0.05 ACRES SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST I 55' CANAL R -14E P.O.C. S.W. CORNER SECTION 32 LINE TABLE LINE LENGTH BEARING L1 25.00 S89'27'06"E L2 70.27 N00'32'54"E L3 39.71 S89'49'35"E L4 25.59 N89'49'36"W CURVE TABLE CURVE I LENGTH I RADIUS rANGENTJ CHORD I BEARING DELTA C1 1 11.89 13080.001 5.941 1 11.89 1 512'17'38"W 1 0'13'16" C2 1 59.88 12920.001 29.94 1 59.88 1 511'49'01"W 1 1'10'30" LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY oris certil/es that a legal description and sketch of the property shown PARCEL I aped sketch meets the staan was made under ndar of fon and that this /ego/ the practice set (orfl/ by the Rorlda — — RIGHT OF WAY LINE I Boord of Professional Surras and Mappers in Chapter 5J-17, Rorida I P.O.C. PONT OF COMMENCEMENT AAdministrativeda Copursuant to Section 472027, Rorlda Statute% and P.O.B. PONT OF BEGINNING that this drow/ng Is a true and accurate roprwentat/on thereof to the best of my knowledge and be/%f. Subject to notes and notations shown R/W RIGHT OF WAY hereon. ORB OFFICIAL RECORDS BOOK PG PAGE I FDOT FLORIDA DEPARTMENTIOF TRANSPORTATION I EC DEME7M ASM. Na 5179 SECT. SECTION DA 7F., Not wild without the signature and the original raised seal of a Rcrido Ueonsed Surveyor and Mapper. SCAE I'�10fY • Kim Horn DA7E LEGAL DESCRIPTION AND SKETCH OF 9iEE7 NUMBER D� ep 7/10/17 mAw sr. DM © =7 ��� Ave A�oaATEM �e PARCEL 129 2 O1M=BY ECD "en1HS?e .9M2AM1OW-9 M 32 PRO"TNO. RIVER COUNTY, FLORIDA 51zoF PHM 7n-704-4100 FAX M'7s w •ew�oaar�aaaca 047035041 `INDIAN TH AVENUE RCEL 129 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL' OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 32; TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; I COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 1,759.34 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE,I BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; I THENCE, BEARING NORTH 00'32'54" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 70.27 FEET TO A POINT; THENCE, LEAVING SAID EAST RIGHT OF WAY LINE, BEARING SOUTH 89'49'35" EAST, A DISTANCE OF 39.71 FEETITO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'13'16", A CHORD LENGTH OF 11.89 FEET BEARING SOUTH 12'17'38" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 11.89 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2,920.00 FEET, A CENTRAL ANGLE OF 01'10'30", A CHORD LENGTH OF 59.88 FEET BEARING SOUTH 11'49'01" WEST; I THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 59.88 FEET TO A POINT; THENCE, BEARING NORTH 89-49'36l WEST, A DISTANCE OF 25.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2,286 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING'MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND!SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. I p9l Kimley>»Horn 7�ATE LEGAL DESCRIPTION AND SKETCH OF �T"""B" ©=7,a"cv_,ammn, lm„m PARCEL129 �OF 2 "°;H 777.7 „m � 79 m30 atO�CTNO' I INDIAN RIVER COUNTY, FLORIDA ,_�M 047035041 Prepared by and return to: Office of Indian River County Attorney 180127" Street Vero Beach, FL 32960 772-226-1425 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONSTRUCTION OF DRIVEWAY i This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT, (Easement) made and executed this day of , 2021, by , whose mailing address is I , their heirs, successors and assigns, hereinafter called Owner, and Indian River County,.a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called County, WHEREAS, the County is performing the construction of a road widening project on 66th avenue; WHEREAS, the County has obtained Right of Way from Owner for the aforementioned project; I WHEREAS, in part of the consideration for the Right of Way obtained from Owner for the aforementioned project the County has agreed oto construct a driveway at the western property line at the north access point; and WHEREAS, the County is in need of a Temporary Construction Easement to construct said driveway. NOW THEREFORE, Owner, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the County a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: Parcel ID No.: 31393200000500000008.0 Parcel Address: 66th Avenue, Vero Beach, Florida 32967 Legal Description: I The South 428.52 feet of the South Y2 of the Northeast'/4 of the Southwest'/ of Section 32, Township 31 South, Range 39 East and North 70.27 feet of the South 498.79 feet of the West 330 feet of The South'/2 of the Northwest % of the Southwest'/ of Section 32, Township 31 South, Range 39 East, LESS AND EXCEPT the Following described parcel: I The East 230 feet of the West 255 feet of the North 378.78 feet of The South 478.78 feet of the Northwest % of the Southwest '/4 of Section 32, Township 31 South, Range 39 East; AND LESS AND EXCEPT the West 25 feet for SR 505-A (66th Avenue) right-of- way and the South 50 feet for Canal No. R-1 4E right-of-way. Page 1 of 3 254 This Easement is for the purpose of: 1. Construction of the north access point driveway. This Easement shall expire after the completion of the construction of the 66th Avenue Project. IN WITNESS WHEREOF the Owners have herein set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: signature: printed name: signature: printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER By Terri A. Hale, Managing Member of Jeta Ranch, LLC. (Owner) By: Jeffrey D. Hale, Managing Member of Jeta Ranch, LLC. (Owner) The foregoing instrument was acknowledged before me by means of online or in person notarization, this day of , 2021 by Terri A. Hale, one of the Managing Members of Jeta Ranch, LLC. She is either personally known to me or has produced (passport/driver's license) as identification. SEAL: STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC printed name: Commission No.: Commission Expiration: The foregoing instrument was acknowledged before.me by means of online or in person notarization, this day of , 2021 by Jeffrey D. Hale, one of the Managing Members of Jeta Ranch, LLC. He is either personally known to me or has produced (passport/driver's license) as identification. Page 2 of 3 255 SEAL: Signed in the presence of the following witnesses: Sign: Print: Sign: Print: Approved as to form and legal sufficiency: Susan Prado Assistant County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC printed name: Commission No.: Commission Expiration: INDIAN RIVER COUNTY, FLORIDA By: Richard B. Szpyrka Public Works Director Authority: Date: The foregoing was acknowledged before me by means of online or _ in person notarization this day of , 2021, by Richard B. Szpyrka, the Public Works Director of Indian River County, Florida, a political subdivision of the State of Florida, who executed on behalf of and with the authority of the Indian River County Board of County Commissioners and who is personally known to me. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: Page 3 of 3 256 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /36 Attorney's Matters: 04113121 Ofce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney r DATE: April 7, 2021 SUBJECT: Request for Waiver of Interest on Demolition Lien — Unity Development Investments, LLC BACKGROUND. On August 14, 2018, the Board of County Commissioners approved a demolition lien against Nicholas J. Liddi. Mr. Liddi is the owner of a parcel of property located at 8720 92nd Avenue, Vero Beach. This 0.45 - acre lot is located in Vero Lake Estates Subdivision and is zoned RS -3, Single Family Residential, up to three units per acre. The lot was the former site of a single-family home that was severely damaged as evidenced by a collapsed roof. The County initiated demolition action against the property which resulted in the removal of the dilapidated structure and the property being brought into compliance, the cost of which was reduced to a lien in the amount of $7,490.98 and recorded in the public records. A breakdown of the costs of demolition is included in the memo as Figure 1, and the Lien is included as Figure 2, below. I The County Attorney's Office was contacted by Juan Ortega of Unity Development Investments, LLC (Unity) of Key Biscayne, Florida. Unity is under contract'with Mr. Liddi to purchase the lot for $32,000. Aside from the demolition lien, the lot is also encumbered by a Code Enforcement lien from 2013 that is accruing at a rate of $100.00 per day and is currently estimated to be $288,000. Unity is scheduled to appear at the next Code Enforcement Board meeting on April 26, 2021 and will seek a reduction in that fine. Unity is trying to clear title to the property so it may be sold or developed. Unity now asks the Board to waive the interest that has accrued on the demolition lien since 2018. 1 The demolition lien was recorded on August 15, 2018 in O.R. Book 3141, Page 964, Public Records of Indian River County. The lien noted that it would accrue interest at a rate of 5% per year, so as of the date of this memo, the lien has accrued approximately $975.00 in interest. I In the recent past, the Board has addressed similar requests for waiver of interest on demolition liens as follows: • October 13, 2020, Estate of Glen Legwen; 5900 5th Street SW, $7,989.84 lien with $7,226.01 interest reduced to $8,712.44 (lien amount plus 10% interest) October 22, 2019, Estate of Tessie Gordon, 4231 24th Court, $2,957.54 lien, waived interest of $4,447.29 if principal was paid in full within 120 days. C.IU ,sllegi.,L4ppD..lL-.ATempIBCL Technot.gi.le yPDF81@BCL@9COFB89FI@BCL@9COFB89F.d.- 257 • September 10, 2019, Nicole Knowles, 4855 341 Avenue, $3,003.68 lien, waived interest of $1,564 if principal was paid in full within 90 days. • March 26, 2019, Red Bird Investments, LLC, 13185 76th Court, $6,715.40 lien, waived interest of $1,451.42 if paid within 60 days. FUNDING. Lien proceeds will be deposited into MSTU Fund/Building Demolition Liens Revenue account number 004038-369092. The costs of recording the release of the lien will be borne by Unity. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive 90% of accrued interest, so long as the lien plus 10% of the interest for a total of $7,588.48 is paid within 120 days and once paid, that the Board authorize the Chairman to execute a release of the lien. Figure 1. Liddi Costs of Demolition COSTS FOR LIEN ATTACHMENT' CALCULATIONS: 8720 92nd Avenue 31-38-27-00004-0030-00008.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 4 ($6.56 EA) $ 26.24 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL x 4 ($6.56 EA) $ 26.24 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL - INTENT TO LIEN (RESOLUTION) - NOTICE OF COMMENCEMENT -ACTUAL LIEN COSTS OF DEMOLITION TOTAL. COSTS: $ 10.00 $ 18.50 $ 10.00 $ 10.00 $ 7,000.00 $ 7,490.98 C.lUsersllegmtarlAppDatalLocallTemplBCL Teclmologiesl-a vPDF8l@BCL@9COFB89P@BCL@9COFB89F.doc 258 Figure 2. Liddi Demolition Lien 4/5/2021 i Landmark Web Official Records Search 3120180050498 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3141 PG: 964,8/,15/2018 3:07 PM Thls.document was prepared by: Indian Rlver County Attorney's Office 180127- Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the 14 day of August, 2018, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section j403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 8 and the South 50 feet of Lot 9, Block C of Vero Lake Estates, Unit A, according to the Plat thereof as recorded In Plat Book 4, Page(s) 70, of the Public Records of Indian River County, Florida. Parcel No. 31-38-27-00004-0030-00008.0 The name of the record owner of the above-described property Is: Nicholas J. Liddi THIS LIEN is filed against the real property to secure the payment of Seven Thousand Four Hundred Ninety and 98/100 Dollars ($7,490.98), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. _ •"••A�Mf$S INDIA 1VGR CO NT�, FLORIDA t•C- Y'� • •'* i By: ` 1 Peter D. O'Bryan, CharrniUn ' =Q: Board of County Commissioners•�y:_ BCC approved: n„e„a+ 14. 901A ••°`�:;IERCO�?N�rE`f ATTEST: Je,Jfrey. R. Smith f' rcuit Court m troller B "I'Deput3tClerk 7. STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED A5 TO PORM AND LEGAL SUFFICIE 8 DYLAN REINOOLD COUNTY ATTORNEY The foregoing Instrument was acknowledged before me this 14_ day of August, 2018, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. � NOTARYU LIC: Signature Printed name: misty Pursel 1 Commission No.: GG 166068 uary 11, 2022 SEAL: , yo„ryv eucstaroorttam . 0'1a i;F, Misty L. Pune! ON i https://orl. i nd la n -river. o rg/searchfindex?theme=.blue&section=sea rch CritdriaN ame&.q uickSe arch S election=# i Copies to: Scott McAdam, Building Official Unity Development Investments, LLC C.lU rrllegismrl4ppDaoVocaltremplBCL Techno1ogi.1--PDF 81@BCL@9COFB89FI@BCL@9COFB89Fdoc 259 111 April 13, 2021 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 07, 2021 SUBJECT: Naming of Pavilion at Jones Pier Conservation Area to: Ruth Stanbridge Educational Pavilion FROM: Laura Moss Commissioner, District 5 Discussion Item: This memorandum shall serve as my respectful request that the BCC name the educational pavilion at Jones Pier Conservation Area in honor of Ruth Stanbridge, whose dedication to our community over the decades is well-known to us all, especially with regard to Jungle Trail. Staff has been consulted in this matter, and our County Attorney has provided Resolution No. 2011-042 (F. Requests for Name Dedications or Nonconforming Commemorative Works) in this regard. The building then would be designated and signage would indicate as such: Ruth Stanbridge Educational Pavilion I thank my colleagues in advance for their consideration of this matter. 260 RESOLUTION NO. 2011 - 042 A RESOLUTION OF THE BOARD OF COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING PROCEDURES, GENERAL SPECIFICATIONS AND FEES FOR THE INSTALLATION OF COMMEMORATIVE WORKS WHEREAS, the Board of County Commission finds it to be in the best interest of the County to establish a consistent policy to review all applications to plant dedication trees and install commemorative benches (collectively "Commemorative Works") at Indian River County facilities; and WHEREAS, the Board of County Commission seeks to enhance the beautification of County facilities while encouraging the public to honor the County's most distinguished citizens for their significant contributions to the local community; and WHEREAS, the purpose of this Resolution is to establish: (1) procedures and general criteria for the review of Commemorative Works applications; (2) fees that shall be paid by all applicants for the procurement and installation of Commemorative Works. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: SECTION L DEFINITION OF COMMEMORATIVE WORKS; PROCEDURES AND GENERAL CRITERIA FOR THE REVIEW OF COMMEMORATIVE WORKS APPLICATIONS. A. Definition of Commemorative Work Commemorative Work shall be defined as dedicated tree or bench installed in recognition of individuals, groups, or organizations. B. Application for Installation of Commemorative Works I An application for dedication of a Commemorative Work, accompanied by the applicable procurement and installation fees, shall be filed with the Director of Public Works. The application shall identify the preferred location of the Commemorative. Work and select the form of a dedication tree or bench and whether a tree dedication plaque or bench engraving is desired. The application shall be filed on the form prescribed by the County and may be obtained from the County website, Department of Public Works, or Parks Division of the Department of General Services. C. Application Review by County Staff All applications to install Commemorative Works shall be reviewed by the Public Works Director or his designee together with County staff from the applicable County Department charged with maintaining the facility. In evaluating a Commemorative Work application, the Public Works Director or his designee shall make best efforts to accommodate the location preferred by the applicant, however, the standard of review must emphasize the overall 261 RESOLUTION NO. 2011- 042 beautification of the designated County facility and be consistent with the existing landscape design and facility improvements. D. Dedication Plague Specifications If a dedication plaque is desired by the applicant, the plaque shall be a cast bronze type with raised letters and border, with a standard size of approximately five inches wide by seven inches long (5" x 7") by two hundredth inches (.02") thick and installed at the base of the tree or affixed to the bench. Variations in plaque dimensions may be approved by the Public Works Director or his designee in order to maintain consistency with existing facility amenities. E. Engraving of a Dedication Bench If an engraved dedication bench is desired by the applicant, the application shall include the desired language of an appropriate nature not to exceed 32 characters centered on a 6 foot bench or 43 characters centered on an 8 foot bench. The content of the engraved message shall be . subject to approval by the Public Works Director or his designee as part of the application review process. F. Requests For Name Dedications or Nonconforming Commemorative Works Special requests for name dedications or commemorative works outside of the policy may be considered by Board. of County Commission on a case by case basis. Only the Board of County Conunission is authorized -to grant a name dedication or exception to this policy upon a showing of special circumstance or good cause as presented and sponsored by a County Commissioner holding office. SECTION 2. ADOPTION OF FEES FOR THE PROCUREMENT AND INSTALLATION OF COMMEMORATIVE WORKS. A. Costs& Fees:. The cost to the applicant to install a Commemorative Work and Dedication Plaque shall be based on current cost to .the County for the requested Commemorative Work. The costs and, fees shall include: 1. Procurement of Commemorative Work: Actual Cost 2. Dedication Plaque (Optional): Actual Cost 3. Bench Engraving (Optional): Actual Cost 4. Installation Fee $100 Payment of the Commemorative Work Procurement and Installation Fees shall be made at the time the application is filed. The procurement fee shall be refunded to the applicant if the application. is not approved by the Public Works Director or his designee. 2 262 RESOLUTION NO. 2011- 042 B. Use of Procurement and Installation Fees The funds collected for the Procurement Fees shall be deposited into the County's General Fund and applied to the Department incurring the procurement cost as a direct reimbursement for the cost of procurement. The Installation Fees shall be deposited into the County's General Fund to offset the labor cost associated with the installation of the Commemorative Work at the facilities upon which they are displayed. C. Replacement of Dedication Trees: If a Dedication Tree dies within one year of its planting date, the County shall make one replacement of such Dedication Tree only if sufficient funds are available. Any replacement Dedication Tree shall meet the staniard set forth by Section I (C). Replacement of a Dedication Tree by the County shall not include replacement of a damaged or destroyed Dedication Plaque which may be funded by the Applicant to cover the actual cost at the time of replacement. SECTION 3. ADOPTION The foregoing resolution was moved for adoption by Commissioner Flescher and Seconded by Commissioner Davis , and was voted upon as follows: Bob Solari, Chairman Aye Gary C. Wheeler, Vice Chairman Aye Peter D. O'Bryan, Commissioner Ave Wesley S. Davis, Commissioner Ayp Joseph E. Flescher, Commissioner Aye The Chairman there upon declared the resolution duly passed and adopted this 24tjlday of May, 2011. e ATTEST: Jeffre K. Barton "'° COUtS1`i.`0 Y °°�•anssaN� Clerk of Court By Deputy Clerk BOARD OF COUNTY COMMISSIONERS 1NDIAN RIVER COUNTY, FLORIDA Z APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ✓ Alan S. la ich my tto ey Bob Solari, Chairman 263 1563 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 31, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Approval of Work Change Directive and Final Pay 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 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 was satisfied. This requirement concerned Permit No. 2020090290 and the submittal need of full size administrative approval (AA) drawings that were approved by the IRC Planning Department as well as construction documents for the slab and footings, signed and sealed from a Florida Licensed Engineer. On November 17, 2020, the SWDD Board approved staff request for Change Order No. 1 to Summit for the installation of the vapor barrier, additional footings, and dirt for $7,015, increasing the total project costs to $190,015. The project was completed satisfactorily and Summit submitted a final invoice for payment. Analysis: As part of the project, Summit needed to add additional concrete footing and thickened edge per plans from our engineer in order to comply with Florida Building Code Chapter 16. To keep the project moving, staff issued a work change directive on December 21, 2020, for $14,839. Staff is recommending approval by the SWDD Board of this work change directive as part of the final pay. Summit completed the project and submitted the final invoice on March 12, 2021, for $51,042 to close out the project. Staff recommends approval of the final payment of $51,042, which includes approval of the work change directive of $14,839. There was no retainage held on the project. SSWDD Agenda - Work Change Directive and Final Pay to Summit Construction of Vero Beach LLC Page264 SWDD Item 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 $51,042 Amount PHASE 1 Construct 80' x 240' concrete pad for the purpose of collecting and 119,200 Square Feet Lump sum $ 183,000 loading transport trucks Barrier as needed & Change Order No. 1 � two footings Lump sum $ 7,015 Work Change Directive Install additional concrete footing and thickened edge Lump sum $ 14,839 I Total = $ 204,854 Paid to Date = $(153,812) Final Pay= $ 510042 Description Account Number Amount Other Improvements 411-164051 $51,042 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve Work Change Directive with Summit Construction of Vero Beach, LLC, for $14,839 to install additional concrete footing and thickened edge, and authorize the Chairman to execute the same, as presented. r b) Approve Final Pay to Summit Construction of Vero Beach, LLC of $51,042. i Attachment (s): Summit Work Change Directive & Final Invoice SSWDD Agenda - Work Change Directive and Final Pay to Summit Construction of Vero Beach LLC Page1615 I © IRC-SWDD i Project #2020050 All Rights Reserved December 2020 WORK CHANGE DIRECTIVE. No. 001 PROJECT: #2020050 Concrete Pad DATE OF ISSUANCE: 12/21/20 OWNER: IRC — Solid Waste Disposal District 132574 1h Avenue SW ' Vero Beach, FL 32968 CONTRACTOR: Summit Construction of Vero Beach OWNER'S Project No.: 2020050 ENGINEER: R.T. Jones, BSCE- SWDD CONTRACT FOR: Concrete Pad ENGINEER's Project No.: 2020050 You are directed to proceed with the following change(s): Description: Add additional concrete footing & thickened edge per plan from Kimley Horn dated 10/30/20 1 Purpose of Work Directive Change: Install footings to comply with Florida Building Code Chapter 16 I Attachment(s) (list documents supporting change.): Florida Building Code Chapter 16 Structural Design If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). ' Method of determining change in Contract Price:. Method of determining change in Contract Time: [X] Time and Materials [ ] Contractor's records [ ] Unit Prices i [X] Engineer's records [ ] Cost plus fixed fee [ ] Other Estimated increase (decrease) in Contract Price ; Estimated increase (decrease) in Contract Time $ 14,839.00 . If the None days. If the change involves an change involves an increase, the estimated ! increase, the estimated time is not to be exceed amount is not to be exceeded without further without further authorization. authorization. Once the Work covered by the directive is completed or final cost and time determined, CONTRACTOR should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A' CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. RECOMMENDED: By: Ronnie T. Jones, BSCE - SWDD ENGINEER Date: 12/21/20 ACCEPTED BY CONTRACTOR: By: PROJECT MANAGER Date: 12/21/20 APPROVED : By: i OWNER Date: APPROVED: By: OWNER Date: 266 i Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive, Vero Beach, FL 32960 I CBC 1259095 267 Fax 772-794-2097 SWDD Item Indian River County, Florida 1 Solid Waste Disposal District Board Memorandum i Date: March 31, 2021 To: Jason E. Brown, County Administrj ator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Approval of Final Pay to Timothy Rlose Contracting, Inc. I Descriptions and Conditions: On Tuesday, August 18, 2020, the Solid Waste Disposal District (SWDD) Board approved the Ratification of Award of Bid 2020050 (Phase 2) — Demolition of existing structures to Timothy Rose Contracting, Inc. (Tim Rose) for $55,000. I, On August 26, 2020, a formal Notice to Proceed was issued to Tim Rose with a 60 -day period for completion. Unfortunately, Tim Rose did not start the project I until October 26, 2020, and had immediate issues with equipment. The Purchasing Manager issued a notice of intent to terminate to Tim Rose on January 26, 2021, with a completion of the project by February 19, 2021. a Tim Rose completed the project on February 22, 2021, and submitted a final invoice on March 16, 2021. Analysis: I One of the prime objectives for the demolition project was the removal of the old styrofoam building that had been damaged during Hurricane Irma. A structural report by MBV Engineering in 2017 also confirmed the need to demolish the building. Below are some pre -demolition pictures. SWDD Item Although there was some delay in completion of the project, staff is satisfied with the work performed as shown below. v r - ' ,_y{ Funding: * •� ��...�i��-.. sem` S� �-ti . _ Funding for the SWDD demolition project is budgeted and available in the SWDD capital improvement accounts, which are funded from SWDD assessments and user fees. Description I Account Number Amount Landfill Int Roadway/Drainage 1 411-169000-20031 $55,000 Recommendation: Solid Waste Disposal District staff recommends that its Board approve final pay to Timothy Rose Contracting, Inc. of $55,000. Attachment (s): Timothy Rose Contracting, Inc. — Final Invoice SSW DD Agenda - Final Pay to Timothy Rose Contracting Inc Page 20M9 Timothy Rose Contracting, Incorporated I 1360 SW Old Dixie Hwy Suite 106 jl • Vero Beach FL 32962 Phone : 772.564.7800 i Email: TimRose7@comcast.net Bill To Indian River County 1800 27th Street Vero Beach, FL 32960 Ship To: Demolition Invoice Invoice # 6153-480 I P.O. No. Payment Terms Invoice Date: Net 30 3/16/2021 I Quantity Description Unit Price Amount 1 Demolition of Existing Structures I �I I I I i 1 I 55,000.00 - 55,000.00 I Total Invoice Amount $55,000.00 Rayments/Credits Applied $0.00 I Balance Due $55,000.00 270 i