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HomeMy WebLinkAbout06/15/2021L0i @m A E1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 15, 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 Pastor Joe Moore, Rivers of Living Water 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Joel V. Herman on His Retirement From Indian River County Board of County Commissioners Department of Veterans Services with Twenty -One Years of Service Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 15, 2021 Page 1 of 5 7.A. The Hospital District's Public Official Bond for Ms. Kerry Bartlett has been received from Attorney Jennifer D. Peshke's Office. The Bond is on file .in the Office of the Clerk to the Board. 8. CONSENT AGENDA 8.A. Final Ranking of Consultants and Authorization to Negotiate - RFQ 2021020 for . Sandridge Clubhouse Architectural Design Attachments: Staff Report 8.11. Award of Bid 2021043 - Oslo Riverfront Conservation Area Fencing Attachments: Staff Report Sample Agreement 8.C. Award of Bid 2021044 - Hallstrom Farmstead Conservation Area Fencing Attachments: Staff Report Sample Agreement 8.D. Award of Bid No: 2021045, 4th Street Culvert Replacement at 90th Avenue (IRC -2022) Attachments: Staff Report Sample Agreement 8.E. Award of Bid No. 2021024 Fleet Facility Fuel Island Canopy Refurbishments, IRC -2025 Attachments: Staff Report Sample Agreement 8.F. 66th Avenue - Amendment No. 10 to Kimley-Horn & Associates, Inc. (IRC -1505) Attachments: Staff Report Amendment No. 10 8.G. Opioid Litigation Attachments: Staff Report Letter to Chairman Flescher dated 04.13.21 Memorandum of Understanding Proposal Resolution 8.11. Amendment 1 to Work Order No. 10. for Masteller & Moler, .Inc., North County Water and Sewer Project Phase 2 - Additional Design Services Attachments: Staff Report Amendment 1 to Work Order No 10 Masteller & Moler Inc 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES June 15, 2021 Page 2 of 5 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Paul Zelno, Safe Harbor for Life re: Request to Approve Ordinance Attachments: Public Discussion Request Paul Zelno 10.B.2. Request to Speak from Katherine Booth of Anglicans for Life re: Safe Harbor Attachments: Request to Speak - Booth 10.13.3. Request to Speak from Ruth Kuvlesky of Indian River Freedom Coalition re: Safe Harbor Ordinance Attachments: Public Discussion Request Kuvlesky 10.13.4. Request to Speak from Chris Allen re: Safe Harbor for the Unborn Attachments: Public Discussion Request Allen C. PUBLIC NOTICE ITEMS 10.C.1. City of Vero Beach - Indian River County Conflict Assessment Meeting - June 24th Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Legislative Update Attachments: Staff Report 11.B. Indian River Lagoon Conservation Lands Bond Referendum - Capital Project and Land Purchase Options Attachments: Staff Report - Lagoon Conservation Land Bonds 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 H. Utilities Services June 15, 2021 Page 3 of 5 12.11.1. South . County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Improvements Bid Award Attachments: Staff Report KHA South County WTP Improvements Project Bid Review Sample Agreement 12.11.2. Approval of Work Order 6 to Kimley-Horn and Associates for South County Reverse Osmosis Water Treatment Plant Construction Phase Services Attachments: Staff Report Work Order No 6 with KHA 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting March 16, 2021 15.B.2 Approval of Minutes Meeting April 13, 2021 15.B.3. Approval for Temporary Off -Site Disposal of Concentrated Leachate Attachments: Staff Report Quotation from Rain for Rent Quotation from Aqua Clean 15.B.4. Change Order No.I to SCS Field Services for Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project (Bid #2021006) Attachments: Staff Report CDM Smith Recommendation and Change Order No 1 C. Environmental Control Board 16. ADJOURNMENT June 15, 2021 Page 4 of 5 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.ircizov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. June 15, 2021 Page 5 of 5 54 PROCLAMATION HONORING JOEL V. HERMAN ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF VETERANS SERVICES WHEREAS, Joel Herman has announced his retirement from the Indian River County Department of General Services, Veterans Services Office effective May 28, 2021; and WHEREAS, Joel Herman began his career with Indian River County on May 8, 2000, as a Veterans Services Officer I. He has continually received excellent marks for his performance. On January 11, 2008, he was promoted to Veterans Services Manager, which is the position he has held until his retirement; and WHEREAS, Joel Herman proudly served in the United States Air Force from September, 1976 to October 1, 1997, attaining the rank of Master Sergeant; and WHEREAS, Joel Herman's performance reflects his dedication to the County and under his supervision Veterans Services Offices have been maintained at the highest level. Joel Herman is highly respected by all of his co-workers and has been a huge asset to Indian River County. Joel Herman is an integral member of our community and his leadership during his years of County Service is reflected in performance and his resident -focused values. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Joel Herman's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Dated this 18th day of May, 2021 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher 1 PROCLAMATION HONORING WILLIE MAE DARRISAW ON HER 100THBIRTHDAY WHEREAS, Willie Mae Darrisaw, the youngest of seven children born to Willie and Lizzie Roberson of Swainsboro, Georgia, celebrated her 100th birthday on May 20th, 2021; and WHEREAS, when she was 17 years old, Willie Mae moved with her family to Indian River County, where she has lived ever since; and WHEREAS, Willie Mae took Aristell Darrisaw as her husband and was blessed with two daughters, Helen and Barbara Jean, and three sons, Dan, William, and Carl; and WHEREAS, Willie Mae is a longtime member of the House of God, Church of the Living God, Pillar, Ground and Truth Without Controversy in Gifford, where she taught Sunday School and still serves as a deaconess; and WHEREAS, Willie Mae became the first president of the Gifford High School PTA, joining forces with Principal Wiggins and the late Walter Jackson to secure new books, provide clean drinking water, and eventually achieve the desegregation of Indian River's local public schools; and WHEREAS, Willie Mae assisted in many voter registration drives and worked as a door-to-door census worker to count all of Gifford's residents so that a fair distribution of tax dollars would be achieved for the community; and WHEREAS, Willie Mae's life has spanned a century during which the United States became the world's leading nation, contributing her story among those who sacrificed so much to make our country a better place. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Willie Mae Darrisaw is congratulated on reaching her 100th birthday, and the Board extends its sincere best wishes for many more happy and productive years. Adopted this 15th day of June, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss vs INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 2, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Consultants and Authorization to Negotiate - RFQ 2021020 for Sandridge Clubhouse Architectural Design BACKGROUND: On behalf of the Sandridge Golf Club, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for architectural design services for the expansion of current clubhouse facilities. The existing single - story clubhouse opened in December of 1992 and consists of a cafe, pro shop, bathrooms and staff offices. The intent of the new facility is anticipated to include event space and commercial grade kitchen for both the cafe and new event space. RFQ RESULTS: Advertising Date: February 18, 2021 RFQ Opening Date: March 31, 2021 DemandStar Broadcast to: 379 Subscribers RFQ Documents Requested by: 28 Firms Replies: 5 Firms ANALYSIS: A selection committee comprised of Bela Nagy, Sandridge Golf Professional, Jon Clark, Manager of Golf Operations, Michael Zito, Assistant County Administrator, Kevin Kirwin, Parks & Recreation Director and Rich Szpyrka, P.E., Public Works Director, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ and the Purchasing Manual. The three top ranked firms were invited to participate in the discussion phase, and at the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. 2 The final ranking established by the committee is: :Responding Firm Location 1. Sun Patrick Architecture, Inc. (dba sparcdesign) Jupiter 2. Edlund, Dritenbas, Binkley & Associates, P.A. Vero Beach 3. Slattery & Associates Boca Raton 4. REG Architects, Inc. West Palm Beach 5. West Architecture + Design, LLC Lantana Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. 11L111acia Funding for the design portion of this project in the amount of $150,000 is budgeted in the Sandridge Clubhouse Renovation account (418-169000-21018). RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 3 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 3, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2021043 — Oslo Riverfront Conservation Area Fencing BACKGROUND: On behalf of the Parks & Conservation Resources Division, sealed bids were solicited for the installation of perimeter fencing and access gates at the Oslo Riverfront Conservation Area located at 175 9th Street SE, Vero Beach, FL 32960. Proposed fencing includes installation of approximately 5,476 feet of field fence, approximately 94 feet of chain link fence, and associated gates. BID RESULTS: Advertising Date: April 23, 2021 Bid Opening Date: May 18, 2021 Demandstar Broadcast to: 161 Subscribers Specifications/Plans Downloaded by: 16 Vendors Replies: 4 Vendors Firm Location Total Bid Price A&B Fence Co., LLC Palm Bay $41,697.64* Doug Wilson Enterprises, Inc. Merritt Island $64,575.23 Boromei Construction Okeechobee $90,072.00 A Great Fence, LLC Port St. Lucie $237,699.84 * Denotes mathematical errors on bid form were corrected. ANALYSIS: The department has reviewed the bids received and recommended award to A&B Fence Co., LLC as the lowest, responsive and responsible bidder. 4 SOURCE OF FUNDS: Funding is provided in the updated Capital Improvement Element of the Comprehensive Plan, adopted on December 1, 2020, and will come from Optional Sales Tax in the Oslo Riverfront Conservation Area Boardwalks Replacement & Fence (31521072-066510-18002) account. Account Name Account Number I Amount Optional Sales Tax/Parks/Oslo Riverfront Conservation Area 31521072-066510-18002 1$41,697.64 RECOMMENDATION: Staff recommends the Board award Bid 2021043 to A&B Fence Co., LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required insurance, and after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample Agreement 5 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: Installation of perimeter fencing and access gates at the Oslo Riverfront Conservation Area 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: Oslo Riverfront Conservation Area Fencing Bid Number: 2021043 Project Address: 175 9th Street SW, Vero Beach, FL 32960 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the. specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 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 4.013, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 6 Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment 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 COUNTY Project Manager will authorize payment to be. made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release 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. 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. 7 D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of.construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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; (5) Invitation to Bid 2021043; (6) Addenda (number 1); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace 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) 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 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 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: 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: 10 (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment; as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites.. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (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 11 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. 12 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on. , 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 By: Joseph E. Flescher, 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 Attest: Deputy Clerk (SEAL) Designated Representative: Name: Beth Powell Title: Assistant Director Address: 5500 77th Street Phone: 772-226-1873 Email: bpowell@ircgov.com 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.) 13 Rim INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 3, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2021044 — Hallstrom Farmstead Conservation Area Fencing BACKGROUND: On behalf of the Parks & Conservation Resources Division, sealed bids were solicited for the installation and repair of perimeter fencing at the Hallstrom Farmstead Conservation Area located at 1273 Old Dixie Highway, Vero Beach, FL 32960. Proposed fencing work includes installation of 1,384 feet of field fence, and repair of 3,149 feet of existing field fence. BID RESULTS: Advertising Date: April 23, 2021 Bid Opening Date: May 18, 2021 Demandstar Broadcast to: 161 Subscribers Specifications/Plans Downloaded by: 16 Vendors Replies: 3 Vendors Firm Location Total Bid Price A&B Fence Co., LLC Palm Bay $ 21,330.57* Doug Wilson Enterprises, Inc. Merritt Island $26,855.07 A Great Fence, LLC Port St. Lucie $200,395.56 * Denotes mathematical errors on bid form were corrected. The department has reviewed the bids received and recommended award to A&B Fence Co., LLC as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Funds are budgeted and available in the Conservation Lands/Other Improvements Except Buildings account in the General Fund (00121572-066390). Account Name I Account Number Amount General Fund/Conservation Lands/Other Improvements Except Buildings 1 00121572-066390 $21,330.57 14 RECOMMENDATION: Staff recommends the Board award Bid 2021044 to A&B Fence Co., LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required insurance, and after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample Agreement 15 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: Installation of perimeter fencing and access gates at Hallstrom Farmstead Conservation Area 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: Hallstrom Farmstead Conservation Area Fencing Bid Number: 2021044 Project Address: 1273 Old Dixie Highway, Vero Beach, FL 32960 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and.Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 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: Numerical Amount: $ 16 Written Amount: ARTICLES - PAYMENT PROCEDURES 5.01 Method of Payment 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 COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release 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. 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. 17 D. CONTRACTOR hat obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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; (5) Invitation to Bid 2021044; (6) CONTRACTOR'S Bid Form; (7) Qualifications Questionnaire; (8) Drug Free Workplace Form; (9) Affidavit of Compliance; 18 (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (12) Certification Regarding Lobbying; (13) 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 cove nants,.agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance . 19 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 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: 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: 20 (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment; as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (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 21 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 orthe 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. 22 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on -120 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, 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 Attest: Deputy Clerk (SEAL) Designated Representative: Name: Beth Powell Title: Assistant Director Address: 5500 77th Street Phone: 772-226-1873 Email: bpowell@ircgov.com 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.) 23 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: I 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: Award of Bid No: 2021045 4th Street Culvert Replacement at 90th Avenue (IRC -2022) DATE: May 20, 2021 DESCRIPTION AND CONDITIONS On October 3`d, Indian River County Road & Bridge Staff discovered that the 96 -inch corrugated metal culvert crossing under 4th Street at 90th Avenue had collapsed due to corrosion and had destroyed the overlying roadway and was partially blocking the Indian River Farms Water Control District's Sub -Lateral D-4 Canal. Staff stabilized the site and removed soil that was blocking the drainage conveyance; however, roadway restoration was not able to be performed due to the size of the culvert. The project consists of the replacement of an existing culvert at the intersection of 4th Street and 90th Avenue and restoration of the 4th Street roadway. Other work will include sheet piling, temporary canal bypass, earthwork, sodding, maintenance of traffic, erosion control and. any other incidental work required to complete the project. A bid opening for the project was held on May 19.2021. Nine (9) bids qualified bids were received. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID Florida Site Contracting Vero Beach, Florida $334,472.00 Ferreira Construction Southern Division Co., Inc. Hobe Sound, Florida $342,170.35 Loren Jock Trucking, Inc. Stuart, Florida $347,346.00 Johnson -Davis, Inc. Fort Pierce, Florida $349,500.00 Timothy Rose Contracting, Inc. Vero Beach, Florida $359,907.70 Gregori Construction, Inc. Titusville, Florida $381,490.00 Ryan Incorporated, Southern Stuart, Florida $419,517.00* Hinterland Group, Inc. Riviera Beach, FL $486,230.00 Boromei Construction, Inc. Okeechobee, Florida $591,510.00 *Denotes mathematical errors on bid form corrected 24 Florida Site Contracting is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $334,472.00. This bid is $65,528 below the engineer's cost estimate of $400,000.00. Upon checking references, County.Staff, has determined that Florida Site Contracting has successfully completed similar construction projects. FUNDING Funding is budgeted and available in Account No. 31521441-066510-21008/Optional Sales Tax, Road & Bridge/90th Avenue Culvert Replacement in the amount of $334,472.00. RECOMMENDATION Staff recommends that the project be awarded to Florida Site Contracting in the amount of $334,472.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR JUNE 15, 2021 25 I SECTION 00520 - Agreement (Public Works) 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 1.01 CONTRACTOR shall complete all Work as specified\o\indic ated in the Contract Documents. The Work is generally described as follows: � The project will consist of the replacement of an existing culvert atIthe,inter/ection of 41^ Street and 901 Avenue, in the Indian River.F.arms Water\Control Disfrict,Sub-Lateral D-4 Canal. The proposed pipe will be a 96�ReinforceConcrete d Corete Pipe (RCP)7with Rip -Rip Rubble end treatment at the upstream, southerly end of the.pipe. Other)work will include sheet piling, temporary canal bypass, earthwork, sodding, maintenance of traffic, erosion control and any other incidental wor requi ed*to complete the pr`ojec't. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described,as follo-.ws: Project Name`. 4T" County Project,,Number,_IR( Bid Number: \`2U11 Proiect Address: Into AMICLE,3 - ENGINEER 3.01 The Indian River�County_Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority�assigned to ENGINEER in the Contract Documents in connection with the completio of -the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 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 Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 26 A. The Work will be substantially completed on or before the 60 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within'the times specified in paragraph 4.02 above, plus any extensions thereof allowed in,accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties,mvolved in proving in a legal proceeding the actual loss suffered by OWNER if the Work<is ,not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,170.00 for each calendar day that expires after4he time specified in paragraph 4.02 for Substantial Completion until the Work—is-substantially complet er/Substantial Completion, if CONTRACTOR shall neglect; refuse, or-faihto complete the remaining Work within the Contract Time or any proper extension�hereof granted by OWNER, CONTRACTOR shall pay OWNER $1170,00 for each calendar�,day�that expires after the time specified in paragraph 4.02 for completion and readiness forfinal payment until the Work is completed and ready for fnal,paymenti / ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay\CONTRACTOR\ Contract Documents, an amount in determined,pursuant to paragraph`5.0 A. For all Work. at -the prices stated'in C( B. THE,CONTRACT SUM'subiect to Numerical _----------- ARTICLE 6 - PAYMENT�PROCEDURES 6.01 Submittal and Processing of Payments Uthe Work in accordance with the equal to the sum of the amounts rized in paragraph 5.01.13, below: R's Bid, attached hereto as an exhibit. and deductions provided in the Contract: A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in 27 accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subjectio federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such -event, payment and retainage.,provisions shall be governed by the applicable grant requirements ar`8,6uidelines. 6.05 Acceptance of Final Payment,as Release. A. The acceptance by the CON, TRACTOR payment shall be and shall operate as a release to the OWNER frorn all claims and all liability to the CONTRACTOR other than claims in stated amounts as ma\y) be specifically excepted by the CONTRACT.OR�for all things,,done or furnished in connection with the work under this Contract an`&for every act and and of the OWNER and others relating to or arising out of-,the\work. Any\payment; however, final or otherwise, shall not release the CONTRACTORor-its sureties from any obligations under the Contract Documents or the Public�Construction Bond. 7.01 E CONTRACTOR `shall indemnify -OWNER, ENGINEER, and others in accordance with \para_grap.h_6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOWS)REPRESENTATIONS 1 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:' A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 28 D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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/a/pplying 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 _ F. CONTRACTOR does not consider that any further examinations, fin'vestigations, explorations, tests, studies, or data are necessary for the performanceof�the Work at the Contract Price, within the Contract Times,-and`in accordance with the`gtlier terms and conditions of the Contract Documents G. CONTRACTOR is aware of others at the Site that relates rk to be`performed by OWNER and in the Contract Documents. H. CONTRACTOR has correlated tHe information knownto CONTRACTOR, information and observations obtained -from visits to\the Site, reports,and,drawings identified in the Contract Documents, and all'additional examinations6nvestigations, explorations, tests, studies, and data with the Contract -Documents. I. CONTRACTOR has given`ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolut on thereof by ENGINEER is acceptable to CONTRACTOR. J.Caillterms ontract Documentsare .generally sufficient to indicate and convey understanding of and conditio nsTor performance and furnishing of the Work. K. Contractoris er gisteer� diwith and will use the Department of Homeland Security's E -Verify system,(www:e-verifv.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 for all subcontractors. ,/ ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 29 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion ( pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1): 9. General Conditions (pages 00700-1 to 00700-37, inclusive-). 10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive_); 11. Specifications as listed in Division 1 (,General Requirements) and`D visibn,2 (Technical Provisions); ,/ 12. Drawings consisting of a cover sheet anid s each sheet bearing the following genegaaI'tit 13. Addenda (if applicable N 14. Appendices to this Agreement Appendix A — Perm`i Appendix B — Indian Appendix C- , Indian 'S 16. Bid Bond( 7, inclusive, with as follows) Br Ordinances Engineering Special Conditions for Right of to 00310-6, inclusive); 17. SwornStatement Under Section 105.08, Indian River County Code, on Disclosure of Relationship s(pages00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); _/ 19. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 30 22. 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 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated,in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or 'interest�in the Contract will be binding on another party hereto without the written consent ohhe 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 (exept 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 Contractoocumenis. 10.03 Successors and Assigns A. OWNER and CONTRACTOR eachbindsitself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, greements, and obligations contained in the Contract Documents. �� \, \ 10.04 Severability A. Any provisiorn`or p6rt-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 upo-,OWN ERand CONTRACTOR, who agree that the Contract Documents shall,be ref6mie' d 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 sttickenprovision. 10.05 Venue j A. This Contractshall be governed by the laws of the State of Florida. Venue for any lawsuit brought by eit eh _r. party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 31 (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` isclosure requirements. If the contractor keeps and maintains public records upon completion ofthe contract, the Contractor shall meet all applicable requirements for retaining public lrecords!AII 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,systemsof the County. B. IF THE CONTRACTORHAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER�1�19, FLORID�A`STATUTES, TO THE CONTRACTOR'S DUTY TO,PROVID�E PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424.., Indian River Ceu 180127, t".Street Vero Beach ---FL 3 C. Failure of the this Agreement. J% :`he`County Attorney mply vJith these requirements shall be a material breach of of this page was left blank intentionally] 32 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND SUFFICIENCY: By: Dylan Reingold, County Atto Jeffrey R. Smith, Clerk of Attest: (SEAL) Name: James W Title: Assistant 1801 27th;Street Vero Beach, Flor (772) 226-1221 Facsimile: (772) CONTRACTOR: By: 0- o6tractor) (CORPORATE SEAL) for giving notices: No. (Where applicable) rk Agent for service of process: Ennis, P.L."PMP Designated Representative: blic Works Director Name: Title: da Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 33 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Award of Bid No. 2021024 Fleet Facility Fuel Island Canopy Refurbishments, IRC -2025 DATE: June 1, 2021 DESCRIPTION AND CONDITIONS The Fleet Facility was constructed in 2004. Since that time the fuel canopy has been weathered by many hurricanes and other inclement conditions. Inspecting the canopy carefully led to a list of items that need repainting, repair, and/or replacement. A bid opening for the project was held on May 25, 2021. Four (4) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID JSR Enterprises East Coast, LLC d/b/a/JSR Fueling Technologies, LLC (JSR) $128,004.22* Melbourne, FL Doug Wilson Enterprises, Inc. Merritt Island, FL $139,621.37 A Thomas Construction, Inc. Ft. Pierce, FL $194,849.00 Boromei Construction, Inc. :j Okeechobee, FL $212,030.00 *Denotes mathematical errors on bid form corrected JSR is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $128,004.22. This bid is $21,995.78 below the engineer's cost estimate of $150,000.00. JSR has provided professional services for.the County in a satisfactory manner and upon checking references staff has determined that JSR has successfully completed similar construction projects. 34 FUNDING Funding for this expenditure is currently budgeted in Account No. 50124291-044301 in the amount of $128,004.22. Account Name Account Number Fleet/Vehicle Maintenance/Fuel Island Maintenance 50124291-044301. RECOMMENDATION Staff recommends the project be awarded to 1SR in the amount of $128,004.22. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and the public construction bond bythe County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance bythe Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR JUNE 15, 2020 35 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: FURNISH MATERIAL, LABOR, AND EQUIPMENT TO REFURBISH THE FLEET FACILITY FUEL ISLAND CANOPY TO NEW CONDITION AS FOLLOWS: 1. Replace 140LF of prefinished white aluminum fascia panels and check/re-secure 276LF of existing fascia panels. 2. Clean & reseal 532 LF of canopy gutters. 3. Remove, repair, and re -install twelve (12) canopy drains. 4. Replace 12 column trim kits. 5. Replace twenty-six (26) rusted 3" x 16" x 43' white ceiling panels. 6. Prep, prime, and paint twelve (12) canopy columns with Sherwin Williams Kem Kromik primer and finish in Sherwin Williams Sher-Cyrl top coat white. 7. Prep, prime, and paint 732 LF of island curbs with Sherwin Williams Pro -Park safety yellow. 8. Prep, prime, and paint thirty-six (36) bollards with Sherwin Williams Pro -Park safety yellow. 9. . Prep and prime upper structural steel with one coat of Sherwin Williams Pro-Cyrl primer in red oxide. 10. Prep, prime, and paint 10,810 SF of canopy deck with Sherwin Williams Kern Kromik primer and finish in Sherwin Williams Sher-Cyrl top coat white. 11. Prep, prime, paint 416 LF of canopy fascia with Sherwin Williams Kern Kromik primer and finish in Sherwin Williams Sher-Cyrl top coat white. 12. Install four (4) scuppers to relieve water at center gutters. 13. Replace an approximate 1000 additional deck clips to reinforce existing deck panels. (old clips are rusting off) 14. Inspect, repair, replace light fixtures, bulbs as needed. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: FLEET FUEL ISLAND CANOPY REFURBISHMENT Bid Number: 2021024 Project Address: 5235 41st St # A, Vero Beach, FL 32967. 36 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90" calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 120th calendar day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,405.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: LE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. 37 A. The OWNER shall : make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which arepaid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the. Public Construction Bond. 5.02 Acceptance of Final Payment as Release 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. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data With the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 IE -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 39 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; (5) Invitation to Bid 20210XX; (6) Addenda (numbers _ to_ , inclusive); (7) CONTRACTOR'S Bid Form.- (8) orm;(8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace 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) 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 40 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 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street 41 Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The.CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 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: !N (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. 43 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 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 Bv: CONTRACTOR: By: Joseph E. Flescher, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director Address: 180127th Street, Vero Beach, FL 32960 Phone: (772) 226-1221 Email: jennis@ircgov.com 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.) 44 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM SEA 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: David W. Schryver, PSM, Indian River County Surveyor SUBJECT: 661h Avenue - Amendment No. 10 to Kimley-Horn & Associates, Inc. (IRC -1505) DATE: June 3, 2021 DESCRIPTION AND CONDITIONS In 1995, the widening of 66th Avenue, from 2 -lanes to a 4 -lane divided roadway, was added to the Indian River County Long Range Transportation Plan. In 2005, the Board of County Commissioners approved an Engineering/Land Surveying Services Agreement with Kimley-Horn & Associates, Inc. Nine (9) amendments have been approved to date. Amendment No. 10 provides for revisions to the 66th Avenue right-of-way map due to roadway design and right-of-way changes. This includes revising the right-of-way map to reflect the revised right-of- way location; revising land acquisition legal descriptions and certified land corner records. This task also includes removal of previously set right-of-way markers and placing of new markers to coincide with the revised right-of-way location. The total negotiated lump sum fee for Amendment No. 10 is $25,175.00 to be billed upon the attached fee schedule. Amendment No. 10 increases the total contract amount from $3,063,629.50 to $3,088,804.50. FUNDING Funding in the amount of $25,175.00 for Amendment 10 is available in Account No. 10215241-066510- 07806/ Traffic Impact Fees/ District 2 Roads/Construction Progress/ 66th Avenue/ 49th Street to 69th Street. Account Name Account No. Amount Traffic Impact Fees/District 2 Roads/Construction Progress/66th Avenue /49th Street to 69th Street 10215241-066510-07806 $25,175.00 45 RECOMMENDATION Staff recommends approval of Amendment No. 10 to Kimley-Horn & Associates, Inc., and requests the Board authorize the Chairman to execute Amendment No. 10 on their behalf for a lump sum amount of $25,175.00. ATTACHMENT Amendment No. 10 AGENDA ITEM FOR JUNE 15, 2021 46 INDIAN RIVER COUNTY 66th Avenue Right of Way Map Revisions Project Number: IRC -1505 AMENDMENT NO. 10 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated February 22nd, 2005 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III — Scope of Services", "Section V — Compensation" and "Section XVI — Duration of Agreement" of the AGREEMENT. Amendment Description "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Task 1— Revisions to the Right of WaV Map and Parcel Descriptions The ENGINEER will provide professional services as specifically stated below: 1. Replace the baseline alignment and right of way lines with the revised Microstation alignment and right of way lines from 81st Street to CR 510. 2. Prepare new sketch and descriptions for parcels 133, 134, 135, 136, 139 and 140. Revise the sketch and descriptions for parcels 303, 313 , 316, 105 and 105 SWMF. 3. Remove the previously set right of way monumentation from 81st Street to CR 510 and set new monumentation on the revised right of way lines. 4. Field locate and revise the references to the Section Corners along 66th Avenue from 57th Street to CR 510. Revise Certified Corner Records. 47 Amendment No. 10 66`h Avenue ROW Map EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Task Task 1- Right -of -Way Map revisions $ 25,175 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 48 Amendment No. 10 66t1 Avenue ROW Map EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the acquisition of the right of way parcels, which is estimated to be approximately 6 months. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 49 Amendment No. 10 661 Avenue ROW Map The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 10 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2021. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. 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 Dylan T. Reingold, County Attorney 50 EM, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 7, 2021 SUBJECT: Opioid Litigation BACKGROUND. On April 13, 2021, the Office of the Attorney General wrote a letter to Indian River County concerning the ongoing opioid litigation and the several different negotiations with defendants in that litigation. The Office of the Attorney General has provided similar letters to local governments across the State of Florida. The Office of the Attorney General is seeking approval of a Memorandum of Understanding that will serve as the allocation agreement between the State of Florida and the local governments. This would govern the distribution of settlement proceeds obtained from Purdue Pharma, L.P., Mallinckrodt PLC, Cardinal Health, Inc., McKesson Corp., AmerisourceBergen Corp. and Johnson & Johnson and any potential settlements with other parties. Please note that Indian River County has not hired outside counsel or filed a lawsuit in any of the opioid litigation cases. As part of the proposed Memorandum of Understanding, money would go into a City/County Fund, a Regional Fund and a State Fund. Depending on the amount of the settlements, Indian River County could receive an estimated $65,000 to $121,000 from the City/County Fund. The other local governments in Indian River County would receive money as well. The amount of the allocation was determined using a model based upon the amount of opioids shipped to the county, the number of opioid deaths in a county, and the number of people who suffer opioid use disorder in the county. It is estimated that the Regional Fund would receive $184,000 to $3.42,000. Since Indian River County has less than 300,000 people, the money would go to the Managing Entity in our region, Southeast Florida Behavioral Health Network. Southeast Florida Behavioral Health Network would then use that money to support programs in our community. Currently, Southeast Florida Behavioral Health Network is involved in Indian River County through the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. 51 Board of County Commissioners June 7, 2021 Page 2 After attending conference calls with the Office of the Attorney General, the County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to approve the proposed Memorandum of Understanding and the related resolution. Since. Indian River County has not filed litigation or hired attorneys, this is an effective way for Indian River County to provide additional money for services in our community. If and when the County receives a distribution per the Memorandum of Understanding, County staff will present a spending plan determined on needs and the amount of funds being allocated to the County. FUNDING. There is no funding at this time. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to approve the proposed Memorandum of Understanding and the related resolution and authorize the chair to execute a Memorandum of Understanding substantially similar to that presented to the Board, and any and all other documents necessary to effectuate the Memorandum of Understanding. ATTACHMENT(S). Letter to Chairman Joseph Flescher, dated April 13 Memorandum of Understanding Proposal Resolution 52 ASHLEY MOODY ATTORNEY GENERAL STA'T'E OF FLORIDA April 13, 2021 Chairman Joseph Flescllcr Indian River County ISO 127th St Vero Beach, FL 32960 Ji�- LESCI-IER@IRCGOV.COM RE: Opioid Litigation Dear Chairman Joseph Fleseher: OFFICE OF THE A°CTORNEY GENERAL. 111,-0 1 The Capitol Tallahassee, IT 32399-1050 Phone (8M)4 14-3300 fax (850) 487-0168 lutli:Lhrnu'• n{tJlaridnle�aLcan My name is John Guard and i am the Chief Deputy Attorney General for the State of Florida (the "State"). Since she took office, Attorney General Moody has been heavily involved in leading both the State's ongoing opioid litigation and several different negotiations with defendants in that litigation. Those negotiations have included litigation counsel representing cities and counties. y As part of those negotiations to enable Florida to achieve the maximum amount recoverable for both the State and its subdivisions, the State has been negotiating fora lengthy time with outside counsel for nearly all litigating political subdivisions within the State. After multiple sessions and significant compromise by both sides, the attached memorandum of understanding (` vfOU") has been reached. We have olfered and the lawyers for the litigating subdivisions are recommending to their clients that the attached MOU be accepted. This proposal is the result.of numerous meetings and includes feedback and comments from many local subdivisions. Based on the status of this litigation, the likely structure of any resolution, the potential litigation risks in the absence of such an agreement, the State believe that this proposal reflects a reasonable compromise betxvicen the State and its political subdivisions. The purpose of this letter is to summarize the primary terms of the MOU and attempt to anticipate questions that you, your commission, and your internal and/or other legal counsel may have regarding this litigation and allocation proposal. Page 1 of 7 53 What cases does this MOV apply? This allocation agreement is intended to govern the distribution of settlement proceeds obtained through the Purdue Pharma L.P. ("Purdue") bankruptcy, the Mallinckrodt PLC ("Mallinckrodt") bankruptcy, the distributor (Cardinal Health, Inc., McKesson Corp., and AmcrisourceBergen Corp. (collectively referred to as the "Distributors")) and Johnson & Johnson ("J&J") potential deal, as well as any additional settlements obtained related to the opioid litigation. Why is an allocation agreement necessary and why now? Almost 100 political subdivisions within the State of Florida, as well as the State of Florida itself. have filed shit against numerous entities engaged in the manufacture, marketing, promotion, distribution or dispensing of opioids. Another 30 political subdivisions within the State of 11orida have filed claims in the Purdue bankruptcy. The State and the Plaintiffs' Executive Committee for the Opioid Litigation Multi - District Litigation panel (the "PLC') are in ongoing negotiations with Purdue, Mallinckrodt, the Distributors, and J&J with potential resolutions anticipated in the coming weeks. Under the likely settlement structure for these cases, states and their political subdivisions are strongly incentivized to reach a joint resolution of all State and political subdivision claims. Under the Distributor and J&J deal, the State and its subdivisions receive a substantially larger settlement amount the higher the number of subdivisions sign on to the deal. Therefore, it is in the best interest of all political subdivisions and the State of Florida to reach an allocation agreement which will permit the joint resolution of all claims within the state. The deals contemplate the need for relatively quick buy in by subdivisions in order to maximize recovery. The pace of negotiations is accelerating, and Purdue has riled its plan of reorganization. Given this accelerating pace, there is a greater sense of urgency among all counsel to come to agreement and resolve how monies are going to be allocated, so that we can move .Purdue, Mallinckrodt, and other potential settlements toward finality. Given the Sunshine law, the likely need for public notice and comment, and the complexity of the deals, we need to agree to an allocation plan now to ensure that Florida maximizes recovery. How can funds be utilized? You will see as you review the MOU that the State and its subdivisions, who execute this MOU, are agreeing that almost all the funds from anv settlement will go to abatement activities. In other words, finds must be utilized for strategics, programming and services used to expand the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring Substance Use Disorder and Mental Health disorders ("Approved Purposes"). A non-exclusive list of potential abatement programs and uses are included in Exhibits A and 13 to the agreement. The list was developed nationally consulting with public health officials in multiple states, experts for the states and subdivisions, and officials within the United States Department of Health and Human Services. These uses are intended to best serve the overall purpose and Page 2 of 7 54 intention of this litigation, which is to abate the continuing public health crisis of opioid addiction within our communities. While supported by the State, this requirement was imposed the defendants for tax and other reasons. It is also necessary to militate against the United States seeking substantial amounts of settlement lands from both the State and subdivisions as recoupment. How are the funds :allocated amongst the States? While not part of the MOU, the States have been negotiating the national allocation for almost two years with an agreement reached in late 2019. Florida's interstate allocation is 7.03%. That allocation is tile, second largest allocation in the nation ahead of Texas, which is the second largest state. Florida is one of a handful of states whose allocation is greater and greater by a siinifcant percentage above its population (Florida has 6.54% of the. United States' population). The only states that have larger gains over their population are the opioid belt states: West Virginia, Kentucky, etc. The interstate allocation is the product of: two measures. One calculated by the PEC and the other calculated by the States. The data sets chosen are slightly different (including different years and what measures were selected), but the main difference is that some states demanded that population play a more significant factor in the state allocation and it is not a factor in the PEC calculation. Given how much Florida's allocation percentage is above its population, the need in these settlements to maximize:the number of states settling, and the potential litigation risks in the absence of such an agreement, it would be our recommendation that cities and counties accept the interstate allocation. Ilow much money does the State expect for it and its subdivisions? It depends. Each of the current or proposed settlements are for different lengths of time and each contain different variability. In Purdue, payments are paid over sten-year period and vary with the perforniancc of the ongoing business of the new company and payments from third parties. In Mallinckrodt, payment amounts are still beim; negotiated, but will be paid over seven years and will vary depending on the value of tilt emerging company seven years later as part of the recovery is warrants in the re-emerged company. In the Distributor and J&J proposed deal, the proposed deal is over eighteen years and the amount paid varies depending on subdivision participation and whether other subdivisions file opioid related litigation in the future. As part of the MIOU, the State is willing to seek judicial or legislative action to reduce the variability of the monies, especially in connection with the Distributor and J&J deal. Our current best guess based on projections and assuming total participation is 5120-140M a year for the first few years, $90- 110M a year for the middle years, and then 560-70M a year for the later years of the deal for the State and its subdivisions. Again, these numbers can and will vary and hopefully will increase if additional settlements are reached. I -low are the funds allocated amongst the State anti its subdivisions? This Proposal divides all settlement finds between three funds: (1) the City/County Fund; (2.) the Regional Fund; and (3) the State Fund. Page 3 of 7 55 The Cih,/Counh, Fund consists of 15% of the total settlement amounts allocable to the State of Florida. These funds arc distributed to all counties and qualifying municipalities in the State of Florida. The allocation of the City/County bund between counties and municipalities is based on a model referred to as the "Negotiation Class Metrics." This model was developed in the National Prescription Opiate MDL by the PLC, and considers: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who. suffer opioid use disorder in that county. Allocations between counties and municipalities within each county use historical federal data showing how the specific county and the cities within it have made opioids -related expenditures in the past. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The ResionAl Fund consists of sliding scale between 30% and 40% of the total settlement amounts allocable to the State of Florida, with the largest percentages occurring in the immediate years after settlement and decreasing over time. These finds are allocated to counties in accordance with the "Negotiating Class Metrics" described above. In the case of counties with a population of over 300,000, and which satisfy other criteria regarding abatement infrastructure, (termed "Qualified Counties") these fluids are provided directly to the county. For the remainder of counties within the State, these funds are provided to the Managing Entity (tile entity that the State. has contracted with. to provide substance abuse treatment) for that county, to be spent on approved purposes within the region that the county is a part. For Counties with pol-nda/ions greater than 300, 000: We encourage you to review the definition of Qualified County in the MOU, so that you can understand the other requirements that you will have to meet. Importantly, the:definition of Qualified County requires that you reach an agreement with at least some municipalities (at least 500/o of the: population) within your county as to how these .funds are spent. The requirements of such agreements are subject to Further discussion and negotiation. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The amount will vary for qualified counties depending on how many municipalities in that County: (])join a settlement; and (2) enter an agreement with a County. Foo- Counties u4th popnlations less than 300.000 or that (Io nol gtwlffy as a OttaliJied Cotutty: Currently, a majority of the monies being utilized to respond to.the opioid epidemie.in the State flow through Managing Entities located regionally who provide service in cacti community. When we traveled the state before COVID and had discussions with many of you, most (outside a couple large counties) indicated that they Page 4 of 7 M had a good working relationship with their Managing Entity. Indeed,. several indicated that they were already involved with their Managing :Entity. The actual dollar amounts annually paid to smaller counties under the contemplated settlement agreements are not substantial enough to support standalone programs. Given that reality, but wanting to maximize services locally, it made sense to have the monies flow through the existing structure to expand services in each county. If there are issues or problems with Managing Entities, we are happy to engage. Weare also happy to try and help communities get involved in or engage with their Managing Entity. We have attached a spreadsheet to. this letter that demonstrates the amounts attributable to each county per year for an amount within each range in the previous question. The State Fund consists of the remaining 45% to 55% of the total settlement amounts allocable to the State of Florida, depending on the amount of the Regional bund above. As with the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes M'hy should %ve agree to this allocation? The proposed allocation in the MOU is better than the alternative that subdivisions will receive if they do not enter an agreement with the State. Two of the defendants who we have negotiated with. Purdue and Mallinckrodt are now in bankruptcy. In advance of and in connection with those bankruptcies, the states, the PEC, and city and county representatives negotiated a default intrastate allocation and agreed that it will apply unless a state and its cities and counties agree to something else. A Deputy County Attorney for Broward County, Florida, was involved in the negotiations related to Purdue. Something like the Purdue default allocation is currently in the draft connected to the Distributor and J&J deal. The allocation above is superior for Florida's subdivisions than that default allocation. hndeed, the State offered substantial improvements over those terms from the beginning ofthe negotiations that led to this MOU. We have attached a copy of the Purdue abatement term sheet for your review. Under that default allocation, there is no city/county find. Only subdivisions with populations greater than 400,000 people are eligible to receive any monies directly. Almost all the monies will flow through the Managing Entities who are regionally supplying services. The allocation percentages for the regional bucket are dollar based and decrease to hair far more quickly than in the MOU. In other words, the allocation in this MOU allows a far greater recovery directly to each Florida city and county than the alternative and greater recoveries regionally for all subdivisions. The allocation is also better than the cities and counties would achieve if damages were proportionally allocated. In the Purdue bankruptcy, over one hundred twenty-five l lorida subdivisions filed proofs of claims. When the size of those claims is compared to that of the State's claim, the State's claim was more than four, almost five times larger than all the subdivisions' claims combined. Subdivisions are getting substantially more than what their proportional share would be. The State is willing to agree to the larger because it frankly reflects the reality of how monies are currently being spent and is. consistent with how the legislature has been appropriating monies to combat this crisis. Page 5 of 7 57 If individual subdivisions do not agree to a settlement, what will happen? If there are hold outs or subdivisions that do not respond, the MOU contemplates that the State will either file a new suit or sever its claims against settling defendants from its existing opioid lawsuit and add political subdivisions and through either a class action mechanism or declaratory relief seek to bar future subdivision claims: Such action is necessary to ensure that the State and any subdivisions that agree to a settlement maximize their recoveries. This not a novel position and there is a substantial body of Florida law that exists that the State may resolve and release public claims including subdivision claims..' That being said, the State would prefer that we reach agreement on the allocation under the proposed MOU and handle things consensually. But, if there are holdouts, the State is prepared to litigate or seek legislation from the legislature to ensure that cities and counties that agree to this MOU are protected and will receive the recovery contemplated under the allocation. What are the next steps and the timeline? We would ask that you review the attached MOU and proposed model resolution supporting an agreement on the MOU terms. We will be scheduling calls to answer questions about the MOU. We would ask each subdivision to think about who is attending each session and ensure that any of those discussions will not violate Florida's government -in -the -sunshine law. If you will contact my administrator, Janna Barineau, by e-mail (.larnna.Bai-lneau:crmiN,noridalc�2al.com), we will include you in those discussions. After those discussions, we would then ask that you follow Florida law for approving such a resolution by Your commission and in due course, pass it, and return a copy to me at the address on the first page of the letter. Potential settlements are anticipated in the coming weeks or months, but I cannot tell you exactly when a settlement will be finalised. "these proposed settlements are 1 See Fla. Stat. 5501.207(1)(c)(authorizing the Attorney General to bring "[a]n action on behalf of one or more consumers or government entities for actual damages.. "tinder Florida's Deceptive and Unfair `Trade Practices Act); e.g., Eggle v. Liggett Group, hic., 945 So. 2d 1.246, 1258-62 (Fla. 2006); Young v. iViami Beach huprovement Co., 46 So. 2d 26, 30 (Fla. 1950); Castro v. Stat Bank of Bal Harbour, 370 So. 2d 392, 393 (Fla. 3d DCA 1979); Cil), q0tell, tell, P01-1 Richey v* Stale e.v rel. O'jllalley, 145 So. 903, 905 (Fla. 2d DCA 1962); also Seale of I"lorida cis rel. SheviIl V. E.Y on Crnp., 526 F.2d 266, 275 (5"' Cir. 1976) (holding that the Attorney General could file suit seeking damages for injuries sustained by government entities who had not specifically authorized tine Attorney General to do so); Eggers v. City of Ke), JVesl, 2007 WL 9702450, at *3 (S.D. Fla. Feb. 26, 2007) (concluding "[a]pplicablc Florida law states that a judgment in an action brought against a public entity that adjudicates matters of general interest to the citizens of the jurisdiction is binding on all citizens of that jurisdiction."); Aerojel-General Corp. v. Aske»>, 3661. Supp. 901, 908-11 (N.D. Fla. 1973). Page 6 of 7 58 anticipated to include provisions which establish time limits ori'ag. reeinents lietwccn states and political subdivisions. As a result; we would request that you pass a resolution in the next 60-90 days, if possible. incerely, to t Ari. Guard, h of Deputy Attorney General cc: Dylan Reingold 1801 27th Street Vero Beach, 1=1., 32960 dreingold ct irceov.com Eric. Proposal with Lx. A and B Recovery Spreadsheet Purdue Abatement Tenn Sheet Page 7 of 7 59 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence -based "best practices"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1. "Approved Purpose(s)" shall .mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence -based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the 000003/01288125_1 60 daily operational delivery of behavioral health services through a coordinated system of care. The singular "Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular "Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at http s: Hallocationmap. iclaimsonline. com. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties" shall mean the State and Local Governments. The singular word "Party" shall mean either the State or Local Governments. 11. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain" shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 61 15. "Qualified County" shall mean a charter or non -chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1) below. 18. "State" shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 62 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) Ci , /Coun , Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non -Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 63 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Taskforce" or "Council") to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. 64 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting_- The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls.on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability - Prior to July 1 st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with 65 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Participation in the Settlement (by percentage of the population) Amount that shall be paid into the Expense Fund from (and as a percentage o the City/County City/Countyfund 96 to 100%. 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. M111 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in lst year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1 st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018 -CA -001438 (the "Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third -neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. 67 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and impatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 69 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (DTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 70 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank — to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 71 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. 72 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 73 f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 74 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 75 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffmg, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 76 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 77 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/Mu conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 78 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 79 RESOLUTION NO. [INSERT] A Resolution authorizing [City/County] (herein referred to as this "Governmental Unit") to join with the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan. WHEREAS, the [City/County] has suffered harm from the opioid epidemic; WHEREAS, the [City/County] recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") and [City/County] [is/is not] a litigating participant in that action; WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan") sets forth sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and, WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations; WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, [City/County], and every other Florida city and county; NOW, THEREFORE, BE IT RESOLVED BY THIS GOVERNMENTAL UNIT: SECTION 1. That this Governmental Unit finds that participation in the Florida Plan would be in the best interest of the Governmental Unit and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit "A." SECTION 3. That [official name] is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit "A." SECTION 4. That [official name] is hereby authorized to execute the any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. SECTION 6. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this Ordinance/Resolution to the Florida [Florida League of Cities/Florida Association of Counties] Attorney General Ashley Moody c\o John M. Guard The Capitol, PL -01 Tallahassee, FL 32399-1050 SECTION 7. This Resolution shall take effect immediately upon its adoption. Adopted this day of, , 2021. (Mayor/Commissioner/etc.) ATTEST: 81 N 00 � 8 s � s' �Q mM9.N9m3a81,14 ^8 , s ` 14 4 u a g � � Y LL s` 0 8 r$ N n ^o, e A 34 m 8 a n 9 R p mn o a» N v o v m e m m 8 9 a B m o e a0m e9.«SAq. 's? LL i � u a s s � s s s� xs v08�e8e $ r N o u o s �3 a xx�x��Cmxx��e xxx N���`e��`e �ex��X n�C�exxx��mx�xx�exex �3�m��NNxx$m$�x 9 mnffi�«�mn � �ffier�R°'� mffi a 5tm�6on i4n��^S��G'^ m���8� 0 6 c o o 900 8^0 "»8880 0 d m8�oisss8«»o8g� r d d d o 0 d o d d ^o gt ononHi�o�s d 0 a 0 o 0 0 0 0 0 d o r k X B �m8 888 888 88 . maAz i �. v+... ... .n .°.n ... —¢ mGF m3�Fs i9N �iiiis aaauiiiiz3 m3 u5 HK3 m6ii u°c"o"oLLiii� z z h v �za se vs R a N 00 M 00 1-9 �o 00 a C-7 a 00 PURDUE PHARMA L.P. ABATEMENT PLAN TERM SHEET SUMMARY OF TERMS AND CONDITIONS THIS TERM SHEET DOES NOT CONSTITUTE (NOR SHALL IT BE CONSTRUED AS) AN OFFER, AGREEMENT OR COMMITMENT' Issue Description 1. APPLICABILITY These terms (once agreed) shall apply to the allocation of value received OF AGREEMENT under, and shall be incorporated into,�any plan of reorganization (the "Chapter 11 Plan") in the chapter 11 cases of•Pur e,Pharma L.P. and its affiliates (collectively, "Purdue�)_pending\in the;U.S. Bankruptcy Court for the Southern District of New`Y..ork (the "Barikr'uptcy IN between the states, territories and the District oeColumb a (each a "State") on the one hand, each county, ity; town, pari'sh\vil age, municipality that functions as a political 'subdivision under State law or a governmental entity that has the authority to bring 'Drug Dealer Liability Act ("DDLA `(collectively; Claims") under State law the ` Local Governments"), and each federallyrrecognized Native American Native Alaskan or American Indian Tribe ('each a `Tribe") on thn other. 2. PURPOSE Virtually' all credit rs and the Court itself in the Purdue bankruptcy recogmze the need sand value m developing a comprehensive abatement crisis strategy to ddress the opioid as the most effective use of the funds -that < can\be derived from the Purdue estate (including without limitation msurance,proceeds_and,/if included in the Chapter 11 Plan, payments by third-parhes,seeking releases). Because of the unique impact the crisis has � had thio ugliout all regions of the country, and as repeatedly recognized by IJudge Drain, d'iv'ision of a substantial portion of the bankruptcy estate `should occur,through an established governmental structure, with the use ofd uch funds strictly limited to abatement purposes as provided herein.' Asaoc ndit n to parrtticipating in this abatement structure, the settlements that the states of Kentucky and Oklahoma separately entered into with Purdue must be taken into account in any allocation to them or flowing through them. Potential adjustments may include a different Government Participation Mechanism structure for the disbursement of fundsto benefit Local Governments in those states or some redirection of funds, which would still be used solely for abatement purposes. z See, e.g., Hrg. Tr at 149:22-150:5 (Oct. 11, 2019)(` "I would hope that those public health steps, once the difficult allocation issues that the parties have addressed here, can be largely left up to the states and municipalities so that they can use their own unique knowledge about their own citizens and how to address them. It may be that some states think it's more of a law enforcement issue, i.e. interdicting illegal opioids at this point. Others may think education is more important. Others may think treatment is more important."); id. At 175:24-176:6 ("I also think, and again, I didn't say this lightly, that my hope in the allocation process is that there would be an understanding between the states and the municipalities and localities throughout the whole process that[,] subject to general guidelines on how the money should be used, specific ways to use it would be left up to the states and the municipalities, with guidance from the states primarily."); Hr'g Tr. At 165:3-165:14 (Nov. 19, 2019) ("I continue to believe that the states play a major role in [the allocation] process. The role I'm envisioning for them is not one where they say we get everything. 4812-5294-4831 A 1 90 Issue Description This approach recognizes that funding abatement efforts — which would benefit most creditors and the public by reducing future effects of the crisis through treatment and other programs — is a much more efficient use of limited funds than dividing thin slices among all creditors with no obligation to use it to abate the opioid crisis. Because maximizing abatement of the opioid crisis requires coordination of efforts by all levels of government, particularly when the abatement needs far exceed the available funds, this structure requires a collaborative process between each State and its Local Governments. This Term Sheens intended =to establish the mechanisms for distribution and allocat of n-of'funds to States, Local Governments and Tribes (the "Abatement Funds',') to be incorporated into the Chapter 11 Plan and any order approving the Chapter 11 Plan (Abatement Funds net of the�portion thereof, allocated to a Tribal Abatement Fund under Section, JS[hereofwae eferred to herem as "Public Funds"). The parties agree that X100% of the Public Funds distributed under the Chapter 11 Plan shall'be usedito abate, the\pioid crisis. Specifically, (i) no less than ninety five percent.(95%)of the. Public Funds distributed under the Chapter 11 Plan shall be used1or abatement of the opioid crisis by funding opioid or substance use disorder related projects or programs that fall within the list of uses<in Schedule B (the "Approved Opioid Abatement rises")�(ii) priorityshall' be given to the core abatement strategies Core Strategies") as identified on Schedule A; and (iii) no more than fivielpercent�\(5%) of the Public Funds may be used to fund expenses incurred\in adnuestering the distributions for the Approved Opibi.d�Abatement Uses, including the process of selecting programs to ( receive,distnbutions of Public Funds for implementing those programs and in conn ction—with the Government Participation Mechanism3 ("Allowed -Administrative Expenses," and together with the Approved Opioid,Abatement Uses, "Approved Uses").' Notwithstanding anything \in this term.sheet that might imply to the contrary, projects or programs that `c nstitute`Approved Opioid Abatement Uses may be provided by States, State agencies, Local Governments, Local Government agencies or nongovernmental parties and funded from Public Funds. 3. GENERAL (NOTES The governmental entities maintain that the most beneficial and efficient use of limited bankruptcy funds is to dedicate as large a portion as possible to abatement programs addressing the opioid crisis. If this v I think that should be clear and I think it is clear to them. But, rather, where they act — in the best principles of federalism, for their state, the coordinator for the victims in their state."); Hr'g Tr. at 75:19-76:1 (Jan. 24, 2020) ("Even if there ultimately is an allocation here — and there's not a deal now, obviously, at this point on a plan. But if there is an allocation that leaves a substantial amount of the Debtors' value to the states and territories, one of the primary benefits of a bankruptcy case is that the plan can lock in, perhaps only in general ways, but perhaps more in specific ways, how the states use that money ......). 3 Capitalized terms not defined where first used shall have the meanings later ascribed to them in this Term Sheet. ° Nothing in this term sheet is intended to, nor does it, limit or permit the ability of funds from the Purdue estate (other than Public Funds) to be used to pay for legal fees and expenses incurred in anticipation of or during Purdue's chapter 11 case, or once confirmed, in implementing the Chapter 11 Plan. 4812-52944831.v 1 2 91 Issue Description approach is taken, the governmental entities involved in the mediation — states, territories, tribes, counties, cities and others — would commit the Public Funds allocated to them to such future abatement, in lieu of direct payment for their claims. a. Resolution of States' and Local Governments' claims under this model presumes signoff by and support of the federal government, including an agreement that the federal government will also forego .its past damages claims. Continued coordination with the federal government therefore is necessary as -this odel is finalized. b. This outline addresses the allocation -of Abatement Funds among governmental entities to provide abatement programs to the public for the benefit of not o�nly�thegovernmental entities and their constituents, but also a substantial number of other creditors. The States Local Governments and welcome,other, private -side creditor groups to enter discussions concerning h \w such creditors may participate in, contribute to and/or benefit from the government - funded abatement\programs contemplated herein in lieu of direct payment on their cl`ai ms for past�damages. ' In c g abateim� t c. addit �providi services, it is understood that, if their claims are to be released_ in .al reorganization plan, a portion of the -Purdue estate -,will also need to be dedicated to personal injury claimants, A is being developed proposal regarding such claims x� \\epaiately Funds distributed from the Purdue bankruptcy estate as `Al`Public parrtf\this_abatement structure shall be used only for such Appr= ed'Uses. Compliance with these requirements shall be verified through reporting, as set out in Section 8. This outline and the terms herein are intended to apply solely to the use and allocation of Public Funds in the Purdue Chapter 11 Plan, and do not apply to the use or allocation of funds made available as the ' result of judgments against or settlements with any party other than those released asp art of the Chapter 11 Plan. 4. DISBURSEIVIENT� Disbursement of Abatement Funds OF FUNDS��� The Bankruptcy Court shall appoint [a third -party administrator ("Administrator")] [Trustee(s)] who will perform the ministerial task of overseeing distribution of all Abatement Funds, which will consist of all assets transferred to such fund by way of the confirmed Chapter 11 Plan, and any, growth, earnings, or revenues from such assets, as well as proceeds from any future sale of such assets. The [Administrator] [Trustees] shall distribute the Abatement Fund consistent with the Chapter 11 Plan and shall provide to the Bankruptcy Court an annual report on such distributions. [Points to be addressed regarding disbursements: 4812-5294-4831.v 1 92 Issue Description • Trigger and timing for disbursements. • Insert details to show how these funds shall be distributed for abatement uses and that the funds will not flow into the state general revenue accounts (unless constitutionally required and, in that event, the funds shall still be disbursed for abatement uses as required by the terms of the document), including possible distribution to state points of contact and block grant recipients. • Possible creation of template document fAbatement Funds distribution requests. • If trust mechanism is employed, trust-locat oon.and governing law.] N� 5. ATTORNEYS' A separate fund will be establish df_or attorneys' fees and -litigation costs FEES AND COSTS in the final bankruptcy plan. Agreement by the parties to this Abatement FUND Plan Term Sheet is contingent upon the establishment of this fund and the details of the fund, which are subject to furtheenegotiation, including without limitation the paiticipants,�amount, juii sdiction, oversight, and administration. Participation in, aniabatement program, receipt of abatement services>or benefits\will not affect; acrid specific percentages in the abatement structure received,by�various parties will not determine, the amount of -fees nd c sts that maybe recovered. 6. TRIBAL r a. j[X%] of -,the 'Abatement Funds will be allocated to a Tribal ABATEMENT Abatement Fund and',these funds will not be a part of the structure FUNDING involving olving abatement programs funded by state and local governments`\J b: The�Trrbes'are working on their proposal for allocation among �Trilies,-,which would be included as part of the overall abatement �pIan. c. The Tribes will use the tribal allocation of Abatement Funds for - \` programs on the approved list of abatement strategies (see J Schedule B) and also for culturally appropriate activities, practices, teachings or ceremonies that are, in the judgment of a tribe or tribal health organization, aimed at or supportive of remediation and abatement of the opioid crisis within a tribal community.' The Tribes will have a list of representative examples of such culturally appropriate abatement strategies, practices and programs which is attached as Schedule [ 1. The separate allocation of abatement funding and illustrative list of culturally appropriate abatement strategies recognizes that American Indian and Alaska Native Tribes and the communities they serve possess unique cultural histories, practices, wisdom, and needs that are highly relevant to the health and well-being of American Indian and Alaska Native ' [NTD: Discuss how private claimants will be treated under Tribal Allocation, if at all.] 4812-5294-4831.v 1 1t 93 Issue Description people and that may play an important role in both individual and public health efforts and responses in Native communities. 7. DIVISION OF Public Funds are allocated among the States, the District of Columbia and PUBLIC FUNDS Territories in the percentages set forth on Schedule C. Except as set forth below in section 7(C) for the'District of Columbia and. Territories, each State's Schedule C share shall thembe allocated,within the State in accordance with the following: ' ���n f 1. Statewide Agreement. Each State�and�rfs-Local Governments will have until [the later o`f 60 day�m',en frotry of an order confirming the Chapter-ll-.Plan�or the, Effective Date of the Chapter 11 PIan] 6 (the" greementDate") t file with the Bankruptcy Court an tagreed uponallocation or method for allocating the Public Funds for that State dedicated only to �6at Approved Uses (each a "Statewide Ment Agreement" or "SAA") Any State and its L co al Governments that have reached agreem n before the Effective Date -of the Chapter 11 Plan that satisfies�the metric for approva�as described in the immediately following -paragraph shall -file notice with the Bankruptcy Court �that_it�has adopted a binding SAA and either include the SAA twith its,filing or indicate where the SAA is publicly available for he SAi6q\be effect/ for the Purdue Bankruptcy. Any dispute e regarding allocation within a State will be resolved as provided by`the,Statewide Abatement Agreement. A�Stat ide=Abatement Agreement shall be agreed when it has been approved by the State and either (a) representatives of its Local'Governments whose aggregate Population Percentages, determined as set forth below, total more than Sixty Percent ' ' < (60%), or (b) representatives of its Local Governments whose aggregate Population Percentages total more than fifty percent (50%) provided that these Local Governments also represent 7� 15% or more of the State's counties or parishes (or, in the case of States whose counties and parishes that do not function as Local - Governments, 15% of or more of the State's incorporated cities ' or towns), by number.8 e Should there be provision for extension of the date for filing Statewide Abatement Agreement? An authorized "representative" of local, or even State, government can differ in this Term Sheet depending on the context. 8 All references to population in this Term Sheet shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties- total.html 4812-5294-4831.v 1 ' 94 Issue Description Population Percentages shall be determined as follows: For States with counties or parishes that function as Local Governments,9 the Population Percentage of each county or parish shall be deemed to be equal to (a) (1) 200% of the population of such county or parish, minus (2) the aggregate population of all Primary Incorporated Municipalities located in such county or parish,10 divided by (b) 200% of the State's population. A "Primary Incorporated.Municipality.." means a city, town, village or other municipality incorporated under applicable state law with a population--ofwat feast 25,000 that is not located within another,"incor�por ted municipality The Population Percentage of each primary incorporated municipality shall be equal to its population (including the population of any incorporated or unincorporated municipality located therein) 'the divided by 200%o-ofState s\ t ation; provided that the Population Percentage of,,a primary\inco�iporated municipality that is not located within a county shall be equal to 200% of its population (including the' population; of any incorporated or umncorrporated municipalityto ac ted therein) divided by 200% of the;State's, population. or 111 Cates that do not have counties or parishes that function as -Local Governments, the Population Percentage of ,each incorporated municipality (including any incorporated or \unincorporated municipality located therein), s call be.equal to its population divided by the State's population. The Statewide Abatement Agreement will become effective within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. State and its Local Governments may revise, supplement, or :\A refine a Statewide Abatement Agreement by filing an amended Statewide Abatement Agreement that has been approved by the State and sufficient Local Governments to satisfy the approval standards set forth above with the Bankruptcy Court, which shall become effective within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. 2. Default Allocation Mechanism (excluding Territories and DC addressed below). The Public Funds allocable to a State ' that is not party to a Statewide Abatement Agreement as defined in 7(1) above (each a "Non -SAA State") shall be allocated as between the State and its Local Governments to be lents: Alaska, Connecticut, e counties or parishes that Issue Description used only for Approved Uses, in accordance with this Section (B) (the "Default Allocation Mechanism"). a. Regions. Except as provided in the final sentence of this paragraph, each Non -SAA State shall be divided into "Regions" as follows: (a) each Qualifying Block Grantee (as defined below) shall constitute a Region; and (b) the balance of the State shall be divided into Regions (such Regions to begesignated by: the State agency with primary responsibility yfor subsfance abuse disorder services employing jo`he maximum extent practical, existing regions established, in that State for opioid abuse treatment,or similar�publi'c,health purposes); such non -Qualifying Blbek) Grant a\Regions are referred to herein as "-Standard Regions"). The Non - SAA States which have populations under 4 million and do not have existing regons�de bribed in the foregoing clause (b) shall not be required to establish Regions;ll such a State that .does not_establish Regions but which does contain\one or more -Qualifying Block Grantees shall be deemed to consist of one Region for each Qualifying Block Grantee and one Standard Region for the balance of the State. b`RegiO n l,\Apportionment. Public Funds shall be ;allocated to each Non -SAA State, as defined in 7(1) above,as (a) a Regional Apportionment or (b) a Non- Reg.ional Apportionment based on the amount of Public Funds dispersed under a confirmed Chapter 11 Plan as i. First $1 billion - 70% Regional Apportionment/30% Non -Regional Apportionment ii. $142.5 billion - 64% Regional Apportionment /36% Non -Regional Apportionment iii. $2.5-$3.5 billion - 60% Regional Apportionment /40% Non -Regional Apportionment iv. Above $3.5 billion - 50% Regional Apportionment /50% Non -Regional Apportionment I I To the extent they are not parties to a Statewide Abatement Agreement, the following States will qualify as a Non - SAA State that does not have to establish Regions: Connecticut, Delaware, Hawai'i, Iowa, Maine, Nevada, New Hampshire, New Mexico, Rhode Island, Vermont [INSERT OTHERS]. 4812-5294-4831.v 1 7 96 Issue Description c. Qualifying Block Grantee. A "Qualifying Local Government" means a county or parish (or in the cases of States that do not have counties or parishes that function as political subdivision, a city), that (a) either (i) has a population of 400,000 or more or (ii) in the case of California has a population of 750,000 or more and (b) has funded or otherwise manages an established, health care and/or treatment infrastructure (e.g.,, health department or similar agency) to evaluate, award, manage and administer a Local Government Block' Grant. 12 A �_ ` I Qualifying Local Gove_r_nment that elects to receive. Public Funds through LocallGovernment Block Grants is referred to herein.as`aQualifying Block Grantee,l3 d. Proportionate Shares,of..Regional Apportionment. As used herein, they"iProp rtonate Share" of each Region in SA�AA�State'shalt for each�Nori be (a) States in which or counties parishes function�as Local Governments, the aggregate shares of the counties or parishes located in such Region under the allocation model employed in connection with the Purdue Bankruptcy (the "Allocation Model"),1, divided by the aggregate shares for all counti �or parishes in the State under the Allocation Model; and�(b) for all other States, the aggregate shares of,the cities, and towns in that Region under the Allocation Model's intra -county allocation formula, div ded, by the aggregate shares for all cities and towns 15 in,the,State under the Allocation Model. 01 e. Expenditure or Disbursement of Regional Apportionment. Subject to 7(2)(i) below regarding Allowed Administrative Expenses, all Regional Apportionments shall be disbursed or expended in the form of Local Government Block Grants or otherwise for Approved Opioids Abatement Uses in the Standard Regions of each Non -SAA State. 12 As noted in footnote 8, the population for each State shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/nonest/2010s- counties-total.html " [NTD: Perhaps provide for a Qualifying Political Subdivision to expand to include neighboring areas that are part of its metro area?] 14 Need to address whether to use the Negotiation Class Allocation Model or other metric to determine Proportionate Share. 15 Should this be all cities and towns or only primary incorporated municipalities? 4812-5294-4831.v 1 b 97 Issue I Description f. Qualifying Block Grantees. Each Qualifying Block Grantee shall receive its Regional Apportionment as a block grant (a "Local Government Block Grant"). Local Government Block Grants shall be used only for Approved Opioid Abatement Uses by the Qualifying Block Grantee or for grants to organizations within its jurisdiction for Approved Opioid Abatement Uses and for Allowed Administrative Expenses in accordance with 7(2)(i) below. Where,a municipality located wholly within a Qualifying Block Grantee would independently qualify as a block rant r �ipient� Independently Qualifying Municipality"), the • Qualifying Block Grantee and Iddependently�Qualifying�Municipality must make a substantiaKand good faith effort to reach agreement on use of A6abementNFunds as between the qualifyffig1jufisdictiods. \�\If the Independently Qualifying Municipality and the Qualifying Block Grantee'cannot reach such -an agreement on or before the Agreement\Dante [or [ e -later specified date], the Qualifying Block Grantee will receive the Local Government Eh ck Grant for its full Proportionate 1\Shaand and commit programming expenditures to the �be of the Independently Qualifying Municipality mi'�generai�>proportion to Proportionate Shares (determined as provided in 7(2)(d) above) of the mmumcipalities within the Qualifying Block Grantee. Notwithstanding the allocation of the Proportionate Share �\ of each Regional Apportionment to the Qualifying Block /' \\ Grantee, a Qualifying Block Grantee may choose to contribute a portion of its Proportionate Share towards a Statewide program. ` g. Standard Regions. The portions of each Regional \-� Apportionment not disbursed in the form of Local Government Block Grants shall be expended throughout the Standard Regions of each Non -SAA State in accordance with 95%-105% of the respective Proportionate Shares of such Standard Regions. Such expenditures will be in a manner that will best address Opioid abatement within the State as determined by the State with the input, advice and recommendations of the Government Participation Mechanism described in Section 8 below. This regional spending requirement may be met by delivering Approved Opioid Abatement Use services or programs to a Standard Region or its residents. Delivery of such services or programs can be 4812-5294-4831.vl 9 98 Issue Description accomplished directly or indirectly through many different infrastructures and approaches, including without limitation the following: i. State agencies, including local offices; ii. Local governments, including local government health departments; iii. State public hospital or iv. Health care deliver v. Contracting with al including nonprofit vi. Awardin r� ants to systems;. ice providers, tial entities; or h. Expenditure or Disbursement -of Public Funds Other Than Reg><onal,Apporhonmen& All Public Funds allocable to a Non, -.SAA' State that are not included in the State's Regional Apportionment shall be expended only on Approved Uses. The expenditure of such funds shall be at the difection of the State's lead agency (or other point of cont ct�designated by the State) and may be expended on a statewide and/or localized manner, ncluding�in the manners described in herein. Qualifying Block an will be eligible to participate in or receive the benefits of any such expenditures on the same bas0as other Regions. Allowed Administrative Expenses. Qualifying Block Grantees States may use up to 5% of their Non - Regional Apportionments plus 5% of the Regional Apportionment not used to fund Local Government Block Grants, for Allowed Administrative Expenses. Qualifying Block Grantees may use up to 5% of their Local Government Block Grants to fund their Allowed Administrative Expenses. 3. Records. The State shall maintain records of abatement expenditures and its required reporting will include data on regional expenditures so it can be verified that the Regional Distribution mechanism guarantees are being met.16 Qualifying Block Grantees shall maintain records of abatement expenditures and shall provide those records periodically to their State for inclusion in the State's required periodic reporting, and shall be subject to audit consistent with State law applicable to the granting of State funds. 16 Additional records and reporting requirements? 4812-5294-4831.v 1 10 99 Issue Description (C) Allocation for Territories and the District of Columbia Only The allocation of Public Funds within a Territory or the District of Columbia will be determined by its local legislative body [within one year of the Agreement Date ], unless that legislative body is not in session, in which case, the allocation of Public Funds shall be distributed pursuant to the direction of the Territory's or District of Columbia's executive, in consultation — to the extent applicable — with its Government Participation Mechanism [within ninety (90) days of the Agreement Date & GOVERNMENT In each Non -SAA State, as defined in 7(l) above., there shall'be a process, PARTICIPATION preferably pre-existing, whereby the State shall-allocate/funds under the MECHANISM Regional Distribution mechanism only,after meningfullyconsulting with its respective Local Governments.,Eac\such1State shall identify its mechanism (whether be it a ouncal\board committeeecommission, taskforce, or other efficient and transparent,sttructure) for consulting with its respective Local Governments (the "Government Participation Mechanism" or "GPM "),in a not e ;filed with the Bankruptcy Court identifying what GPM has been formed and describing the participation of its Local Governments in connection therewith.,./States may combine these notices into one or more notices for filing with the Bankruptcy Court. These notices"are reviewable by the Bankruptcy Court upon the motion of any Local Government in that State asserting that no GPM has been formed; Goveninm t Participati Mechanisms shall conform to the following: ( (A) C o`sa'tion\For each State, �he. State,on the one hand, and State's Local Governments, \a. on the other hand, shall have equal representation on a GPM; \\ b. Local Government representation on a GPM shall be weighted in favor of the Standard Regions but can include ' representation from the State's Qualifying Block Grantees; c. the GPM will be chaired by a non-voting Chairperson ' appointed by the State; d. Groups formed by the States' executive or legislature may be used as a GPM, provided that the group has equal ' representation by the State and the State's Local Governments. 18 Appointees should possess experience, expertise and education with respect to public health, substance abuse, and other related Territory and DC provisions to be discussed �$ Additional potential terms: mechanism for state and local appointment; duration of term, reimbursement of expenses. 4812-5294-4831.v 1 1 1 100 Issue Description topics as is necessary to assure the effective functioning of the GPM. (B) Consensus. Members of the GPMs should attempt to reach consensus with respect to GPM Recommendations and other actions of the GPM. Consensus is defined in this process as a general agreement achieved by the members that reflects, from as many members as possible, their active support, support with reservations, or willingness to abide by the decision oNhe other members. Consensus does not require�unanimity,or other set threshold and may include o actions of a GPM shall be e. majority of its Members. G] action shall note the e�is enc objections where requested 63 (C) Proceedings. Fadi-GPJM shall meetmgs annually, to be public reasonably designed to ,`facili throughout the State. Each GF consiste t with its"Sta'te's open similar Paws, and with the Amen( members shallbe�subject to Stat eetlucs-ihjzoverm\nent laws. events, however, -ted by at least a l'ations and other the substance of S). 'old no;fewer than four public .zed\an&4bcated in a manner ate attendance by residents VI shall function in a manner meeting, open government or ins with Disabilities Act. GPM conflict of interest and similar isultation and Discretion. The GPM shall be a mechanism ,which the State consults with community stakeholders, ig Lo'cal Governments (including those not a part of the •state_and local public health officials and public health tes, in connection with opioid abatement priorities and iture decisions for the use of Public Funds on Approved Abatement Uses. 19 (E) Recommendations. A GPM shall make recommendations regarding specific opioid abatement priorities and expenditures for the use of Public Funds on Approved Opioid Abatement Uses to the State or the agency designated by a State for this purpose ("GPM Recommendations"). In carrying out its obligations to provide GPM Recommendations, a GPM may consider local, state and federal initiatives and activities related to education, prevention, treatment and services for individuals and families experiencing and affected by opioid use disorder; recommend priorities to address the State's opioid epidemic, which recommendations may be Statewide or specific to Regions; recommend Statewide or Regional funding with respect to specific programs or initiatives; recommend measurable outcomes to determine the effectiveness of funds expended for 19 Address form of consultation with non -GPM members, public hearings, etc. 4812-5294-4831.v1 12 101 Issue Description Approved Opioid Abatement Uses; monitor the level of Allowed Administrative Expenses expended from Public Funds. The goal is for a process that produces GPM Recommendations that are recognized as being an efficient, evidence -based approach to abatement that addresses the State's greatest needs while also includingprograms reflecting particularized needs in local communities. It is anticipated \hat such a " process, particularly given the active participationN,of state representatives, will inform and assist the state_in`makingdecisions about the spending of the Public Funds To -the extent a�State chooses not follow ndation, willemake to a GPM Recomm it, publicly available within 14 days after the decision is made a written explanation of the reasons for.rts &cisibn , and allow 7 days for the GPM to respond. Review. Local Governments States (F) and may object to an allocation or expenditure of�Public Funds (whether a Regional Apportionment o \Non-Reg1<onal_Apportionment) solely on the basis/hat the issue is inconsistent allocation or exp.^enditure at (i) with -the provisions of ection 7(B)2 hereof with respect to the �1 el of�Regional Apportionments and Non -Regional (App`ortionments; (ii) is inconsistent with the provisions of ,Section 7,(B)(5)�hereof with respect to the amounts of Local G \ernme> rt, Block Grants or Regional Apportionment expenditures; (iii) is not for an Approved Use, or (iv) violates the; l tations set forth herein with respect to Allowed Administrative Fees. The objector shall have the right to bring tlih objection to either (a) a court with ,jurisdiction within the applicable State ("State Court") or (b) the Bankruptcy Court if the Purdue chapter 11 case has not been closed; provided that nothing herein is intended to expand the scope of the Bankruptcy Court's post -confirmation jurisdiction or be deemed to be a consent to any expanded post -confirmation jurisdiction by the Bankruptcy Court (each an "Objection"). If an Objection is filed within fourteen (14) days of approval of an Allocation, then no / funds shall be distributed on account of the aspect of the Allocation that is the subject of the Objection until the Objection is resolved or decided by the Bankruptcy Court or State Court, as applicable. There shall be no other basis for bringing an Objection to the approval of an Allocation. 8. COMPLIANCE, At least annually, each State shall publish on the lead State Agency's REPORTING, AUDIT website or on its Attorney General's website a report detailing for the AND preceding time period, respectively (i) the amount of Public Funds ACCOUNTABILITY received, (ii) the allocation awards approved (indicating the recipient, the 4812-529448i] .v 1 13 102 Issue Description amount of the allocation, the program to be funded and disbursement terms), and (iii) the amounts disbursed on approved allocations, to Qualifying Local Governments for Local Government Block Grants and Allowed Administrative Fees. At least annually, each Qualifying Block Grantee which has elected to take a Local Government Block Grant shall publish on its lead Agency's or Local Government's website a report detailing for. the preceding time period, respectively (i) the amount of Local Government Block Grants received, (ii) the allocation awards approved -(indicating the recipient, the amount of the grant, the program to be funded and\disbursement terms), and (iii) the amounts disbursed on approved allocations. , f As applicable, each State or Local Governments shall impose reporting eAhat are requirements on each recipient to ens ru Public Funds only being used for Approved Uses, in ac�cordance4wi-tl the terms of the allocation, and that the efficacy of the'`xpenditure of such Public Funds with respect to opioids abatement can be publicly mohitored�and�evaluated. The disbursement expenditure and of Publlc_Funds shall be subject to audit by States as follows [detail's of audit scope, -process, output, etc.] h ildsdiction nmthe_applicable (a) A court w'i wit State ("State Court") or (b) the Bankruptcy Court if the Purdue -chapter 11 case has not been closed shall have Jurisdiction o�nforce the terms of this agreement, and as applicable, a Statewide Abatement Agreement or Default Mechanism; pro nothing hereih�is intended to expand the scope of the Ba`nkfuptcy Court's po t`confirmation jurisdiction. 4812-5294-4831.v1 14 103 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule.B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually]. A. Naloxone/Narcan 1. Expand training for first responders, EM community support groups and families; 2. Increase distribution to non -Medicaid eli B. Medication Assisted Treatment ("MA treatment Ci' r D. 1. Increase distribution of MA individuals; 2. Provide MAT services to yc focused programs that,disco 3. Provide MAT -education �an( EMTs, lawenfo cr ement an 4. Non-MATrtreatment nclud 01 non- awenforcement, schools, or uninsured�individuals. ion d otherp �ioid-related d el>ible or uninsured th\and,dducation to -school-based and youth - rage �or preterit misuse; awareness training to healthcare providers, other first responders; and ig\ ddition and expansion of services for aced\systems such as detox, residential, )atient, outpatient, recovery housing, and Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non7Medicaid eligible or uninsured pregnant women; Expand\comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders from 60 days postpartum to 12 months (post -Medicaid coverage); 3. \�_/ Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 4812-5294-4831.v 1 15 104 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or other polysubstance abuse. problems; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/trafmng, and childcare; and •`' 5. Hire additional social workers to facilitate expansions above. F. Treatment for Incarcerated Population \�\ -"\\ 1. Provide evidence -based treatment and-recove, Nup'port including, MAT for persons with OUD and co-occurring SUD/1Vli. `disorders within and transitioning out of the crimin 1 justice system; an 2. Increase funding for jails that currently have or had detox units to treat inmates with OUD. G. Prevention Programs , 1. Funding for mediacampaign's to prevent opioid use (similar to the FDA's "Real Cos;" campaign to ,prevent youth from misusing tobacco); 2. Funding for school-based prevention programs, beyond education about MAT mentioned abovei ncluding�evidence-based school -wide programs; 3. Funding for medical provider education and outreach regarding best prescrrbing_practices for -opioids consistent with the 2016 CDC guidelines, ter �•\ � including providers at ho—SP itals (academic detailing); 4� Funding f r c mmuui ity drug disposal programs; and 5.Funding for additional city police officers/county sheriffs to specifically ,.\Qaddress OUD�and opioid -related ODs. H. -Expanding Syringe Service Programs 1.% Provide comprehensive syringe exchange services programs with more �.�wrap-around services including treatment information. I 11Evidence based data collection and research analyzing the effectiveness of the r abatement strategies within the State. 4812-5294-4831.vl 16 105 Schedule B Approved Uses20 Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT Support treatment of Opioid Use Disorder (OUD) and any co-occurring SubstanceVse Disorder or Mental Health (SUD/MH) conditions through evidence`b sa ed, evidence -informed; or promising programs or strategies that may include, but arenot limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring,,SUD/N1H conditions, including all forms of Medication -Assisted Treatment(MAT,`approved by the U.S. Food and Drug Administration. 2. Support and reimburse services,that include the f611,American Society of Addiction Medicine (ASAM) continuum -of carefor OUD and any -co-occurring SUD/MH conditions, including but hofliimtd to: a. Medication - L7 c. Treatment,-'recovery,br other -services provided by states, subdivisions, community Health -centers; non=for profit providers; or for-profit providers; d. Treatmen` by ;r�v`id;�thtat.focus on OUD treatment as well as treatment by providers that offer Oreatment along with treatment for other SUD/MH e\Evidence-informed residential services programs, as noted below. 3. Expand teleliealtli to -increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatrreni and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based, evidence -informed, or promising practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with 20 [NTD: Discuss expanded list of Approved Uses to be included. Discuss "self-executing" function based on additional information received from NCSG.] 4812-5294-4831.v 1 17 106 OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, including medical,-detox, referral to treatment, or connections to other services or supports. 8. Training on MAT for health care providers, students, or oth re supporting professionals, such as peer recovery coaches or recovery outreachspecialists, mcludingtelementoring to assist community-based providers in rural or and , served areas. 9. Support workforce development for addiction pro`lfessi{ onalswork with persons with OUD and any co-occurring SUD/MH conditions,. 10. Fellowships for addiction medicine clinical research for treatments. , instructors, and 11. Scholarships and supports fo`rc� rtified'\addiction counsel !and other mental and behavioral health providersinvol ed in addressing OUD any co-occurring SUD/MH conditions, including but 66/1 limited,to training, scholarships, fellowships, loan repayment programs, -or other incentives forpr v ders to work in rural or underserved areas. �� 12. Scholarships for p' e`r`sons to become certified addiction counselors, licensed alcohol and drug counselors, licensed'cli` al,sociAl workers, and licensed mental health counselors practicing in the SUD field, and -scholarships for certified addiction counselors, licensed alcohol (and drug counselorsAicensed clinical social workers, and licensed mental health counselors pract cing in the SUD field for continuing education and licensing fees. ,ideXun`ding and training for clinicians to obtain a waiver under the federal Drug iction4reati pnt Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide nieal assistance and professional support to clinicians who have obtained a DATA 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. 4812-5294-4831.v 1 18 107 Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co- occurring SUD/MH conditions. , 3. Provide access to housing for people with OUD and -any co-occurring SUD/MII conditions, including supportive housing, recovery hous ni g, housing' assistance-prograi or training for housing providers. 4. Provide community support services, including sociaband`legal services; to assist in deinstitutionalizing persons with OUD and any co-occurrmg�� conditions. 5. Support or expand peer-recover4centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 6. Provide or support transportation to treatment -or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide em to ent,,trai ge of e�cati nal services for persons in treatment for or recovery from OU6 and any co occu_m R SUD/MH conditions. 8. Identi�fy�successful recovery `programs such as physician, pilot, and college recovery programs, and provide support -and technical assistance to increase the number and j apaci y of high -qua � ty programs to help those in recovery. 9.Engage non-prroofits aith-based communities, and community coalitions to support people,in treatment and recovery and to support family members in their efforts to manige,the opioid user in the family. 10. Training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 11. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 12. Create or support culturally -appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 4812-5294-4831.v1 19 108 13. Create and/or support recovery high schools. Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patien\Vfor OUD" treatment. 2. Fund Screening, Brief Intervention and Referral to T-reatmenf-(SBIRT) programs to reduce the transition from use to disorders. �U ) 3. Provide training and long-term implementation of SKIRT in,key,systeems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of,SBIRT and 1Pp\p1,o1r_to'ngoif1\g costs of the technology. 5. Training for emergency discharge planning, incl or support services. (\ ioid overdose patients on post - for MAT, recovery case management 6. Support hospital p'rograms'thatfransitiori:persons with OUD and any co-occurring SUD/M:H conditions,or-personsWho-have experienced an opioid overdose, into community treatmentqr recoveryservices through a bridge clinic or similar approach. 7. Support crisis'stabilizatioii,&enters that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that Have,'xperienced`an opioid overdose. 8. `Support the\work of _Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose, or, other opioid -related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/NM conditions or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/M11 conditions or to persons who have experienced on opioid overdose. 4812-5294-4831.vl 20 109 lla 11. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non -profits and the faith community as a system to support outreach for treatment. (\ 15. Support centralized call centers that provide information and connecti\\ons to appropriate services and supports for persons with OUD and any co-occ ring SUD/MH conditions. 16. Create or support intake and call centers to facilitate -education and access to.treatment, prevention, and recovery services for persons with�OUD and any co!occurring°SUD/MIi conditions. 17. Develop or support a National Treatment Availability,Clearinghouse — a multistate/nationally accessible database whereby health-care providers can list locations for currently available in-patient and out-patient OUD treahnent services that are accessible on a real-time basis persons who seek. , treatment. Address the needs of persons with,OUD and any co-occurring SUD/MH conditions who are involved — or are at risk of becoming involved�`, n cri the minal justice system through evidence - based, evidence -informed; or promising programs .or strategies that may include, but are not limited to, the followingN`�\\� `;1 1. Suppoft pre-` est or pfe`rraignment diversion and deflection strategies for persons with OUD'a�nd any co��urring S.0 /NII -I conditions, including established strategies such as: a. Slf-referral�strategies such as the Angel Programs or the Police Assisted diction Recovery Initiative (PAARI); b.ZAd' ctive outreach strategies such as the Drug Abuse Response Team (DART) t. �odel,caloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 4812-52944831.v 1 21 110 E. f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, but only if these courts provide referrals to evidence -informed' treatment, including MAT. 4. Provide evidence -informed treatment, including MAT, recoverysupport, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/NM conditions who are incarcerated in jailor prison. -� �� � �, 5. Provide evidence -informed treatment, including MAT, recovery`support, harm reduction, or other appropriate services to individualsAlth OUD`and any,co-occurring SUD/MH conditions who are leaving jailor prison have recently left jailor prison are on probation or parole, are under community corrections, supervision�or,arre nK-entry programs or facilities. 6. Support critical time interventions (CTI), particularly_for individuals living with dual - diagnosis OUD/serious mental illness, and,services for individuals who face immediate risks and service needs arid(risks upon release�from correctional settings. 7. Provide training on bestpractices for addressing -the needs of criminal -justice -involved persons with OUD-and acy,co-occurring)SUD/MH conditions to law enforcement, correctional, or judicialpersonnel-or-to-providers of treatment, recovery, harm reduction, case management, or -other -services offered in connection with any of the strategies Address the needs*of pregnant'or parenting women with OUD and any co-occurring SUD/MH conditions; and the needs of their families, including babies with neonatal abstinence syndrome, through es-, and evidence-informed, or promising programs or strategies that may include, but are n6't'limited to, the following: 1. Support evidence -based, evidence -informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures educate and provide support to families affected by Neonatal Abstinence Syndrome. 4812-5294-4831.v 1 22 M F. 2. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MII conditions. 3.. Provide.training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. C� 5. Enhanced family supports and child care services for parents occurring SUD/MH conditions. 6. Provide enhanced support for children and family of addiction in the family; and offer trauma-inforr adverse childhood events. 7. Offer home-based wrap-around services to�persons wi SUD/MH conditions, including but not limited to pare 8. Support for Children's Services --r Fund additi 1 p.os supportive housing and other residential services, rela from the home and/or placed in foster care,due to cust J th D and any co- ring. trauma `as�a result l�health treatment for X� itiorisand services, including :mg to' children being removed odial opioid use. \PART`TWO:PREVENTION .IBING AND ENSURE APPROPRIATE Support�efforts,to,prevent o`er; prescribing and ensure appropriate prescribing and dispensing of opioids through evdencer-base'd, evidence -informed, or promising programs or strategies that may includebut are not limited to, the following: 1.:Training`for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 4812-5294-4831.v 1 23 112 G. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. (� 6. Development and implementation of a national PDMP — multistate/national PDMP that permits information shari. safeguards on sharing of private health information, incli a. Integration of PDMP data with electronic decision support tools for health care pros b. Ensuring PDMPs incorporate including the United States D Technician overdose databasf 7. Increase electronic prescribing 8. Educate Dispensers on Support efforts to disco informed, or promising following: irtment of Tran; it diversion id'disp ensing. tofa appropriate �',d to: and tloxbrie deployment data, rtation's. Emeraencv Medical opioids through evidence -based, evidence - may include, but are not limited to, the 1. Corrective advertising or of r ative public education campaigns based on evidence. 2.Publiclation relating to drug disposal. 3. Drug takd`back'disposal or destruction programs. 4. Fund community anti-drug coalitions that engage in drug prevention efforts. 5. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non -profits and faith -based communities as systems to support prevention. 4812-5294-4831 M 24 113 H. 7. Support evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 8. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MI-I conditions. ' 10. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.`� 11. Support greater access to mental health services and,suppbrts for -young people,4ncludil services and supports provided by school nurses or other school staff, to address mental health needs in young people that (when n ofp or perly:addressed),increase the risk of opioid or other drug misuse. `\' �� Support efforts to prevent or reduce overdose'deaths or other,opioid-related harms through evidence -based, evidence-informe'd,, ro promising,programs or strategies that may include, but are not limited to, the following:) 1. Increase availability and,distribution of\naloxone�and other drugs that treat overdoses for first responders overdose patients, opioid users, families and friends of opioid users, schools, community an vigators and outreach workers, drug offenders upon release from jail/prison, or other members otthe \general public. 2. Public healthe entitis° rovviidb free naloxone to anyone in the community, � � \ p y including but not limited to provision of intra -nasal naloxone in settings where other options are not 3. �T�aming and; ducation`regarding naloxone and other drugs that treat overdoses for first re on ders,'ovierdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws 4812-5294-4831.v1 25 114 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to recovery supports, health care, or other appropriate sf persons with OUD and any co-occurring SUD/NM cc 12. Provide training in harm reduction strategies to health care recovery coaches, recovery outreach specialists or�other pi to persons who use opioids or persons with OUD and,,any,( conditions. ^ , "X\ 13. Support screening for fentanyl tESM--1DERS In addition putine clinica \OTHER to testing. .TEGIES HN and Hepatitis treatment, opioids or students, peer that provide care aSUD/MH , H1, H3, and H8, support the following: relating to the opioid epidemic. 2. Educate 1`aw\eriforc_ement or other first responders regarding appropriate practices and pr,,, au ns when dealing with fentanyl or other drugs. 3. Trovisionof.wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment 4812-5294-4831A 26 115 intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid -related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and manag' ement of opioid.abatement programs. L. In addition to the training referred to in items A7, E C5, D7, E2, E4, F1, F3, F8, G5, H3, H12, and I-2, through activities, programs, or strategiesthat may 1. Provide funding for staff trai capability of government,co crisis. 1 2. Support infrastructu rnd`t opioid misuse, prevent overd SUD/NM conditions; or -1112p. described -in this opibid baD pha `acies,;`\ s, etc.,\ or 0 A9, A1,2\,A13, A14, A1`5, B7, B10, C3, port training too abate the opioid epidemic dude, ,5ut are�not.limited to, the following: '\ g programs �� and services to improve the -for-profit—entities to abate the opioid Xor collaborative cross -system coordination to prevent and treat those with OUD and any co-occurring t other strategies to abate the opioid epidemic strategy list (e.g., health care, primary care, rt opioidabatoment research that may include, but is not limited to, the following: a. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. b. Research non -opioid treatment of chronic pain. c. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. d. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 4812-52944831.v 1 27 116 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE e. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. f. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). g. Research on expanded modalities such as prescription methadone that can expand access to MAT. h. Epidemiological surveillance of OUD-related behaviors in critical p pulations including individuals entering the criminal justice system, including but not -limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system`` .f i. Qualitative and quantitative research regarding public-health ri opportunities within illicit drug markets, including surveys -o sell or distribute illicit opioids. participants who with treatment 4812-5294-4831.0 28 117 Schedule C State Allocation Percentages [TO BE INSERTED] 63779069 v1 4812-5294-4831.v 129 118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING INDIAN RIVER COUNTY TO JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A UNIFIED PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County (herein referred to as this "Governmental Unit") has suffered harm from the opioid epidemic; and WHEREAS, the Governmental Unit recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; and WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida cities and counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") and the Governmental Unit is not a litigating participant in that action; and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of a prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan") sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations; and WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, Governmental Unit, and every other Florida city and county. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 119 Section 1. That this Governmental Unit finds that participation in the Florida Plan would be in the best interest of the Governmental Unit and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. Section 2. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit "A." Section 3. That the Board of County Commissioners of Indian River County is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit "A." Section 4. That the Board of County Commissioners of Indian River County is hereby authorized to execute any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. Section 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. Section 6. The Clerk of this Governmental Unit is hereby directed to furnish a certified copy of this resolution to the Florida Association of Counties and Attorney General Ashley Moody c\o John M. Guard The Capitol PL -01 Tallahassee, FL 32399-1050 Section 7. This resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner and 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 Joseph H. Earman Commissioner Laura Moss 120 The Chairman thereupon declared the Resolution duly passed and adopted this day of 2021. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: LIM Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 3 Joseph E. Flescher, Chairman 121 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 10, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject:. Amendment 1 to Work Order No. 10 for Masteller & Moler, Inc., North County Water and Sewer Project Phase 2 —Additional Design Services Background: Indian River County Department of Utility Services (IRCDUS) is preparing to move into the construction phase of the North County Phase 2 Water and Sewer project. Staff is seeking additional design services related to the customer -side water and sewer lines, which were not previously included for the project. Staff proposes to amend Work Order 10 for Masteller & Moler, Inc. (MM) to include the additional work. Analysis: On May 18, 2021, the Board of County Commissioners (BCC) approved the renewal and Amendment No. 1 to the Continuing Contract Agreement for Professional Services with MM. In accordance with that agreement, MM, which provided design, permitting, and bidding services to the project for lines that are to be installed in the County right-of-way. The subject agenda deals specifically with professional services to investigate and design the customer -side water and sewer service lines as described in Amendment 1 to Work Order #10, attached. The BCC approved Work Order No. 10 with MM on May 18, 2021 for the amount of $184,545.00. This Amendment No. 1 will increase Work Order No. 10 by $159,885.00 to a total of $344,430.00. Funding: There are various funding sources for this project. Staff has secured cost share grants from Saint Johns River Water Management District (SJRWMD) and the Indian River Lagoon National Estuary Program (IRLNEP) as well as a Florida Department of Environmental Protection (FDEP) Water. Quality Restoration grant. Any shortfalls. after exhausting the grants will come from Optional Sales Tax. PageiglL�fI F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Agenda Items\Phase II\21-0603 MM WO #10 Add 01\13CC Agenda Item MM WO 10 Add0l.docx Amendment 1 to Work Order No. 10 for Masteller & Moler, Inc. North Sebastian Water and Sewer Project Phase 2 Additional Design:Services Grant funds for the project are as follows: Description Agency I Amount Amount FY 2020/2021 Cost Share Grant SJRWMD $ 1,280,818.771 WQ restoration Grant and Amend. 1 FDEP $ 3,250,000.002 Indian River Lagoon Cost Share IRLNEP $ 204,017.693 Total $ 4,734,836.46 1: Only 33% of the sewer only project can be used, not water 2, 3: These grants to cover both water and sewer costs Optional Sales tax funds to be used for sewer impact fee offset/incentive to connect: Account Name Account Number I Amount Optional Sales Tax/Sebastian Phase 2 Water & Sewer 1 31526836-066510-17513 1 $561,996.00 For the water portion of the assessment, revenues are as follows: Account Name Account Number Amount Sebastian Ph II Water &.Sewer 473-169000-17513 $361,890.00 Water Impact Fee 472034-313650 $209,300.00 Miscellaneous Fees 471034-343610 $ 33,067.79 Funds for the water assessment project are derived from the Assessment Fund. Assessment Fund revenues are generated from fees paid by the benefitting property owners. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. The professional services related to Work Order No. 10 for MM will result in additional funding to come from the Optional Sales Tax/Sebastian Phase 2 water and sewer fund. Description Account Number Amount Optional Sales Tax/Sebastian Phase 2 Water & Sewer 31526836-066510-17513 $159,885.00 Recommendation: Staff recommends the Board of County Commissioners approve Amendment 1 to Work Order No..10 for Masteller and Moler, Inc. (MM) in the amount of $159,885.00. The approval of this work order shall be contingent on the approval of the Continuing Consulting Engineering Services Agreement for Professional Services with MM. Attachments: 1. Amendment 1 to Work Order No. 10: Masteller & Moler, Inc. Page Rf� F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Agenda Items\Phase 11\21-0603�6�17 WO #10 Add 01\BCC Agenda Item MM WO 10 Add0l.docx AMENDMENT NUMBER 1 CCNA2018 WORK ORDER NUMBER 10 NORTH COUNTY SEWER & WATER SYSTEM — PHASE TWO PRIVATE PROPERTY RESEARCH & DESIGN This Amendment 1 to Work Order Number 10 is entered into as of this _ day of 20_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17th day of April, 2018 (collectively referred to as the "Agreement"), and that certain Extension of Continuing Contract Agreement for Professional Services entered into as of the 18th day of May, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10, Effective Date May 18, 2021. 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 and within the timeframe more particularly set forth in Exhibit A, 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 Amendment 1 to Work Order 10 as of the date first written above. CONSULTANT: MASTELLER & MOLER, INC. Print Name: Earl H. Masteller, PE, BCEE Title: President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 124 EXHIBIT "A" AMENDMENT NUMBER 1 CCNA2018 WORK ORDER NUMBER 10 NORTH COUNTY SEWER & WATER SYSTEM -PHASE TWO PRIVATE PROPERTY RESEARCH & DESIGN GENERAL INFORMATION The purpose of this Amendment Number 1 to Work Order Number 10 is to authorize Masteller & Moler, Inc. to provide Research and Design for the Private Property water & sewer connections for this project. A brief description of the scope of services and, deliverables for this Amendment 1 is provided as follows: SCOPE OF SERVICES Research and Design of water and sewer connections for approximately 200 private property parcels Masteller & Moler Inc. will provide engineering services including research, field visits, and design generally including the following: 1. Research and collect necessary data and prepare preliminary design of the most cost-effective sanitary sewer and potable water connections for approximately 200 private property parcels. 2. Prepare final design construction plans showing and describing each private parcel sanitary sewer connection (gravity or pump station/force main) to the project's public sewer system and the potable water service pipeline from the project's public water system to the house. 3. Revise and/or amend public right-of-way construction plans as needed to eliminate any inconsistencies with the private property utility construction plans. 4. Prepare quantity take -off and form of proposal for private property portion of the project to facilitate contractor's construction contract negotiations with the County. Note: IRCDUS to provide the latest aerial photo plans of the project area for our use as Base Plans to prepare our scaled final design plans of each private property parcel. Deliverables—The ENGINEER shall provide the COUNTY: • Final Private Property Design Plans 1 Hard Copy Set & 1 Electronic • Copy of form of proposal of quantities TIME SCHEDULE The estimated time frame for completion of Research, Field Visits, 90 Calendar Days and Final Design Plans (after Contractor's Notice of Commencement Date): FEE SCHEDULE Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the following fees: Private Property Portion of the Project Research, $ 159,885.00 Field Visits, and Final Design Plans Not To Exceed Fee - See Attachment 1 Estimated Fee Breakdown) File#1422-3. "A" -.1 125 (1422-3_S2S Phase2-W010-AmendOl-Private 21-0602.docx) MMA AMENDMENT NO. 1 TO WORK ORDER NO. 10 - ATTACHMENT 1 INDIAN RIVER COUNTY NORTH COUNTY SEWER & WATER SYSTEM PRIVATE PROPERTY PORTION OF PROJECT (APPROX. 200 PARCELS) PRIVATE PROPERTY RESEARCH & DESIGN ESTIMATED FEE BREAKDOWN File N 1422-3 1422-3fee &eakdmwLmeMaure,11.0602dsz Engineering Reaserch, Field Visits & Final Design Plans $ 149,885.00 Surveying Services $ 10,000.00 Total Lump Sum Fee $ 159,885.00 126 Principal / PE Professional Engineer CAD Draftsperson Project Inspector Administration $ 190.00 $ 165.00 $ 110.00 $ 90.00 $ 75.00 Total Costs Hours Amount Hours Amount Hours Amount Hours Amount . Hours Amount Research & Data Collection; Preliminary Design. 76 $ 14,440.00: 96 $ 15,840.00 200 $ .22,000.00 205 $ 18,450.00 80 $ 6,000.00 $ 76,730.00 Final Design & Preparation of Construction Plans 40 $ 7,600.00 75 $ 12;375.00 320 $ 35,200.00 $ 14 $ 1,050.00 $ 56,225.00 Revise/Amend Public 10 $ 1,900.00 30 $ 4,950.00 40 $ 4,400.00 - $ 14 $ 1,050.00 $ 12,300.00 R.O.W. Plans Prepare QuantityTake-off & Pr Form of Proposall 4 $ 760.00 18 $ 2;970.00 - $ - - $ 12 $ 900.00 $ 4,630.00 Total (hrs/cost) 130 $ 24,700.00 219 $ 36,135.00 560 $ 61,600.00 205 $ 18,450.00 120 $ 9,000.00 $ 149,885.00 File N 1422-3 1422-3fee &eakdmwLmeMaure,11.0602dsz Engineering Reaserch, Field Visits & Final Design Plans $ 149,885.00 Surveying Services $ 10,000.00 Total Lump Sum Fee $ 159,885.00 126 lags INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Benjamin "Paul" Zelno Safe Harbor for Life 137 38th Court Vero Beach, FL ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772 519 1669 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES l NO WHAT RESOLUTION ARE YOU A vote for agenda item to be approved for Safe Harbor REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES Fv] NO WHAT FUNDS OR ACTIVITIES ARE . Enforcement of Ordinance Requesting action on 6/15/2 REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 6/15/21 127 Randi Wardlow From: forms@ircgov.com Sent: Tuesday, June 15, 2021 10:57 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Safe Harbor for life 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. More Info: Form. Submission Time 6/15/2021 10:56:44 EDT( -0400 GMT) Visitors IP 174.212.7.185 Unique ID e45c1a1d110dc8bc0f1589a65475fd2d --Warning-- This email .Alas sent to you by someone outside of the Clerk's Office, Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution: --Warning-- b .r� Z 110.8. 1 Randi Wardlow From: forms@ircgov.com Sent: Monday, June 14, 2021 4:55 PM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Safe Harbor for the Life Ordinance The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Dee Lavandera Email eddylava@bellsouth.net ..- ........ Address ............................ _. .. 6380 37th St Phone 7725328999 Subject or Agenda Item Safe Harbor for the Life Ordinance % Public Comment Please support the Safe Harbor for Life Ordinance. Thank you. Dee Lavandera More Info: Form Submission Time 6/14/2021 16:54:34 EDT( -0400 GMT) Visitors IP 73.85.16.30 Unique ID 8b54193e1462d1096f6efa4fd2e7a008 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit: remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 19-207 Vista Gardens Trail ADDRESS: SUBJECT MATTER FOR DISCUSSION: Katherine Booth member of Anglicans for Life PHONE: 3865069477 Safe Harbor June 15, 2021 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Z NO pass Safe Harbor ordinance to protect women from WHAT RESOLUTION ARE YOU coerced abortion; requesting 5 minutes REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F7v( YES El NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST9 For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone county -provided informed consent procedure & verification that it was followed COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 128 lae3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ruth Kuvlesky, Indian River Freedom Coalition ADDRESS: IRC resident PHONE: SUBJECT MATTER FOR DISCUSSION: Safe Harbor Ordinance IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES rx NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone None COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 129 108Y INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission Chris Allen NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: Indian River County Resident PHONE: Safe Harbor for the Unborn SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES WHAT RESOLUTION ARE YOU Safe Harbor for the Unborn REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES NO NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 130 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 9, 2021 SUBJECT: Notice of Public Meeting City of Vero Beach — Indian River County Conflict Assessment Meeting for June 24,.2021 Concerning 1989 Service Area Agreement Notice is hereby given of a meeting held pursuant to Section 164.1053(1), Fla. Stat. (2020) to discuss the 1989 Service Area Agreement. Those in attendance will be the following parties: Representing the City of Vero Beach, Florida, will be the City Manager, Monte Falls, P.E., Director of Water and Sewer Department, Robert Bolton, P.E., and City Attorney, John Turner. Representing Indian River County, Florida, will be County Administrator, Jason Brown; County Utilities Director, Vincent Burke; Assistant County Utilities Director, Matt Jordan and County Attorney, Dylan Reingold. The meeting is scheduled for Thursday, June 24, 2021 at 10:00 a.m., in the City Hall, Council Chambers, located at 1053 20th Place, Vero Beach, Florida 32960. 131 zs� °oma Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathleen Keenan Legislative Affairs and Communications Manager DATE: June 9, 2021 SUBJECT: Legislative Update Presentation tive Session. The presentation will -ll as new policy changes related to 132 06/15/21 Item 11.A. 1 �2 -1 06/15/21 Item 11.A. State Budget - Taxpayer Savings I r $9.5 billion in reserves to respond to hurricanes and other disasters • Sales tax holidays: o 7 -day freedom week (brand new!) o 10 -day back -to -school o 10 -day disaster preparedness sales tax holiday State Budget - Environment • $625 million for Everglades restoration and water resources o More than $415 million for Everglades restoration projects and $302 million for targeted water quality improvements • $102 million for the Florida Forever Program • $500 million of federal funding for the Resilient Florida program to fight sea level rise • $500 million for the Wastewater Grant Program • $150 million in beach management funding assistance o A record year! 02 2 06/15/21 State Budget - Transportation, Economic Development & Emergency Management • $9.44 billion for the State Transportation Work Program iwil • $75 million for VISIT FLORIDA • $1.6 billion in disaster recovery funding • One-time relief payment of $1,000 for Florida's First Responders State Budget - Veterans & their Families • $28 million for Florida's military presence and their families, which includes: o $4.1 million to support Florida National Guardsmen seeking higher education degrees o $11 million to support scholarships for children and spouses of deceased or disabled veterans Item 11.A. 032- 3 Indian River County Budget Highlights Appropriations included in the final budget Indian River County Higher Speed Rail Safety Improvements $4,945,710 Sector 3 Beach Restoration Grant $7,555,848 Appropriations not included in the final budget Indian River County South Reverse Osmosis Plant Enhanced Recovery Project $1,129,668 06/15/21 Item 11.A. Legislative Priorities - Vacation Rentals • Several bills were considered this year to eliminate local county and municipal ordinances related to vacation rentals • None of the bills passed • Legislative win! Legislative Priorities - Broadband Internet Service • Several bills were considered this year to create a statewide broadband program • HB 1239 — Broadband Internet Infrastructure o Creates the Broadband Opportunity Program within the DEO. 1 o The program will award grants to install or deploy infrastructure to unserved areas of the states. o Local governments, private companies, non -profits, and Indian tribes are eligible to apply. o The bill limits grant awards to 50% of the total cost of a project, and no more than $5 million per grant. 06/15/21 Item 11.A. 132- 5 Legislative Priorities - Affordable Housing • The budget ultimately included a total of $209.2 million in funding for the Affordable Housing Program. • Here is the breakdown: o $146.7 million — State Housing Initiatives Partnership (SHIP Program) ■ As of May 2021, IRC is projected to receive $1,066,250 in SHIP funds. o $62.5 million — State Apartment Incentive Loan (SAIL) Programs Looking Ahead - 2022 Legislative Session • Early session - begins January 11 • COVID-19 Recovery • Redistricting 06/15/21 Item 11.A. �,7 6 06/15/21 Questions? Kathleen Keenan Legislative Affairs & Communications Manager Indian River County kkeenan@ircgov.com O� O (772) 226-4329 Item 11.A. -�2 7 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: June 9, 2021 SUBJECT: Indian River Lagoon Conservation Lands Bond Referendum Capital Project and Land Purchase Options - Staff Report BACKGROUND On October 6, 2020, the Board of County Commissioners considered an agenda item regarding the potential uses for a Conservation Lands Bond Referendum. Following discussion, the Board directed staff to consider how bond referendum funds might be utilized in the most appropriate and cost-effective manner to improve the health of the Indian River Lagoon and County -owned conservation lands. Per this direction, staff is providing the following update. CONSERVATION LAND BONDS GENERALLY On two prior occasions, the County has issued conservation land bonds. The first issuance was approved by voter referendum in November 1992 for $26 million for the purpose of acquiring conservation lands. This issue was supported by a levy of up to % mill. The second issue was approved by the voters in November 2004 for a total of $50 million for the purpose of acquiring ownership and other interests in environmentally sensitive lands, agricultural and historic property, which was supported by a levy of up to % mill. The last of these bonds was fully paid off last year. During early 2020, there was some discussion about whether the County should consider another bond issue of $50 million for such purchases which lead to the request for this staff report. Article VII, Section 12 of the Florida Constitution requires voter approval of the issuance of bonds or other debt that is supported by a pledge of ad valorem taxes. Like the previous conservation 133 land bonds, any future general obligation bonds would therefore require voter approval. The next general election will occur in November 2022. Staff would recommend that a bond referendum for this purpose be conducted during a general election rather than a special election to ensure a higher voter turnout with more participation from the public. POTENTIAL USE OF BOND FUNDS On October 6t', the Board discussed a desire to consider multi-purpose uses of land the County already owns, similar to the improvements made at the Osprey Acres Preserve. Osprey Acres is a stormwater park and nature preserve developed by the County on 83.7 acres of land that had previously been purchased by the County. This facility boasts a range of natural Florida ecosystems including uphill pine, mesic oak hammock, a small scrub area, and now manmade wetlands. Having these various habitats promotes a wealth of biodiversity within the property. Originally slated for more than 400 home parcels, Osprey Acres was bought by Indian River County, to not only preserve these fragile ecosystems, but to aide in further treatment of storm - water and reverse osmosis (R.O.) reject water before these waters enter the Indian River Lagoon. Waters for treatment come from both Osprey Marsh (which treats the demineralization concentrate (DC) from the South R.O. Water Plant next door) and untreated stormwater from the South Relief Canal. The facility has the capacity to treat up to 12 million gallons of water per day and removes approximately 5,000 lbs. of nitrogen and 1,000 lbs. of phosphorous per year from water heading to the Indian River Lagoon. Additionally, the park serves as an outdoor recreational amenity with 1.9 miles. of walking trails where County residents and visitors can experience the preserved natural habitats throughout the site. LARGE-SCALE STORMWATER PROJECTS The County could utilize proposed bond funds to construct projects that provide water treatment as well as recreational opportunities and natural habitat preservation on currently -owned County property or could consider new purchases of land that could be developed in a similar manner. For comparative purposes, the County purchased the Osprey Acres parcel for $1 million. Construction costs totaled $7.7 million, and the County was able to secure grant funding of $3.6 million for the project. This gives a basic indication of the cost of construction for such a facility. It should be noted that construction costs are currently running a bit higher than they were when this project was started in 2016, so these figures should be adjusted accordingly. 134 Figure 1— Osprey Acres Stormwater Park & Nature Preserve The County has constructed a total of five major stormwater and/or demineralization concentrate treatment projects as shown in the table below. Some of the facilities have public access now or planned public access in the future. Due to the nature of some projects, public access is limited. Some future facilities may be appropriate for public access based upon the type of project, location and available property for treatment. 135 Annual Project Operating Facility Name Description Location Capital Costs Costs Stormwater Main Relief Canal PC Main treatment — bar south of Vero Airport $5.3 million $63,260 screeningsystem Egret Marsh 7295 0 Street - Stormwater Algal Turf Scrubber Adjacent to Lateral C $7.1 million $200,189 Park Canal Treatment system Spoonbill for 2 MGD of DC North of Grand $3.3 million $667,442 Marsh and 7.5 MGD of Harbor (61St Street) Lagoon water Osprey Marsh Algae Farmp 1225 5o ai St. SW — Stortnwater treating u 10 to 1 t Adjacent to South $8.3 million $739,805 Park MGD ster County R.O. Plant & 1.5 MGD DC Osprey Acres Multi-purpose 925 5th St. SW — $8.7 million Stormwater stormwater park & Adjacent to Osprey $86,700 Park nature preserve Marsh 135 Most of these projects received grant funding, which offset the total direct cost to the County. If a bond issue were utilized to finance similar improvements, there are grant funds available for projects such as these. We have also been successful at obtaining legislative appropriations to support these types of projects. This would enable the County to leverage any bond funds to serve as matching funds for the various grants that are available. This was done with the previous environmental land bonds as well. Staff would continue to pursue these funds, which would stretch the contemplated $50 million issue size to a significantly larger total amount of available funding for projects. EXISTING CONSERVATION LANDS — LAGOON ENHANCEMENT PROJECTS Another option for projects is to utilize existing conservation lands owned by the County. To date, there are over 11,900 acres in permanent protection through the County's acquisitions and partnerships with other entities. Of this acreage, approximately 2,300 acres are actively managed by County staff. These conservation lands were acquired through the two previous voter -approved bond issues. In addition to the inherent benefit of land conservation, some of these properties may have the potential : to provide additional lagoon benefits through incorporation of water quality enhancement features. One example of a current project is at the 16 -acre Jones' Pier Conservation Area. The County is currently managing construction of a project that is expected to be complete in the next few months. This project will restore land that was previously used as a citrus grove to include native wetland and upland habitats. These ecological enhancements include creation of a 4 -acre salt marsh that is connected to the Indian River Lagoon providing potential nutrient removal benefits. The salt -marsh habitat provided within this project is a rapidly diminishing resource within the County. The project also includes a living shoreline along the lagoon which provides shoreline protection as well as wildlife habitat. Projects constructed with similar benefits could be potential uses of lagoon bond funds. Another similar funding opportunity is the Lost Tree Islands Conservation Area Enhancement and Restoration Project. This project is partially funded through the County's five-year Capital Improvements Program at $2.7 million (including grant funds). It is estimated to cost between $5-8 million to restore and enhance wetlands, shorelines, and coastal hammock on the three main islands. Additional benefits include recreational amenities for area residents and visitors. This long-term project is not fully funded and currently relies on grant awards that are yet to be secured. Lagoon bond funding would have the potential to accelerate restoration efforts. Other opportunities may be available on the County's various conservation lands properties. Like the other capital projects, this willentail ongoing operating and maintenance costs. 136 Figure 2- Jones' Pier Master Plan Map Septic to Sewer Proiect Funding The County has undertaken efforts to convert homes currently on septic systems to sewer in an effort to reduce nutrient loading in the Indian River Lagoon. This is a significant challenge as there are currently around 30,000 septic tanks throughout the County. In order to maximize the impact of such projects, the County had a prioritized ranking of these neighborhoods completed in 2017, based upon location, soil characteristics, estimated nutrient reduction, and cost to implement. This document has been used as a guide for prioritizing projects for funding. A copy of the report can be found here: https://www.ircutilities.com/S2S/S2S-Eval-Ranking-Report.pdf Most recently, the County is working to implement septic to sewer projects in the Roseland area and West Wabasso. These projects are cost -intensive, which has required the use of a combination of grant and local funding to implement. Bond funds could be utilized as one portion of the overall funding for planned septic to sewer projects going forward. The five-year Capital Improvements Program includes some of these projects, many of which are only partially funded at this time. It should be noted that there are numerous issues that will need to be addressed, such as connection policies, for future grant success. The Board should also consider the policy question of whether to utilize general obligation bond funds for sewer projects, however, staff has presented this as an option. 137 SPECIFIC IDENTIFIED PROJECT OPPORTUNITIES In 2019, the Board approved the purchase of a 243.50 -acre parcel located on 82nd Avenue adjacent to the County's West Regional Wastewater Treatment Facility. This purchase was made to provide for potentially three uses; 1) additional wet weather disposal capacity for reuse water, 2) the opportunity to withdraw water from the lateral D Canal for treatment to reduce nutrient loading (TMDL project), and 3) a public park and recreation facility to include walking trails and other amenities. As such, this property was purchased with a multi -use purpose in mind. Staff is working to develop the design for this property, which is estimated to cost in excess of $10 million. If the property is utilized for a TMDL type project, then it may be beneficial to utilize bond proceeds as a portion of the funding plan. Keep in mind that SB 64, which has yet to be signed by the governor, may prohibit the discharge of wastewater to surface waters (lateral D) by 2032 and the Utility department is exploring options regarding the potential impacts to operations. On March 16, 2021, the Board of Commissioners approved the purchase of a 38.4 acre parcel of property near the Main Relief Canal for the purpose of constructing a TMDL project. County staff is working to design a project for this location. Construction costs for such project would be a potential use of proceeds from a potential bond issue. As discussed under the large-scale stormwater project section, the cost of constructing such projects is likely between $5410 million. 138 Floravon Shores Subdivision 1 $10,531.72 36 $379,142 949.44 Sebastian Highlands Unit 02 Collier 2 $34,013.68 28 $952,383 1,027.53 Sebastian Highlands Unit 05 3 $34,013.68 465 $15,816,363 13,577.22 Hobart Landing Unit 2 4 $58,552.08 26 $1,522,354 965.00 Orchid Island No. 2 5 $123,948.00 22 $2,726,856 737.76 Sebastian Highlands Unit 04 5 $34,013.68 438 $14,897,993 10,018.99 Orchid Island No. 1 7 $160,517.81 14 $2,247,249 473.15 Ambersand Beach Sub No 1 & 2 8 $54,680.86 84 $4,593,192 2,802.36 Sebastian Highlands Unit 01 8 $34,013.68 754 $25,646,315 17,256.07 Sebastian Highlands Unit 03 10 $34,013.68 168 $5,714,298 4,569.76 Total Cost of Top 5 Subdivisions $21,397,098 $74,496,146 Total Cost of All Subdivisions Total Pollutant Reduction of Top 5 Subdivisions 17,256.95 Total Pollutant Reduction of All Subdivisions 52,377.29 SPECIFIC IDENTIFIED PROJECT OPPORTUNITIES In 2019, the Board approved the purchase of a 243.50 -acre parcel located on 82nd Avenue adjacent to the County's West Regional Wastewater Treatment Facility. This purchase was made to provide for potentially three uses; 1) additional wet weather disposal capacity for reuse water, 2) the opportunity to withdraw water from the lateral D Canal for treatment to reduce nutrient loading (TMDL project), and 3) a public park and recreation facility to include walking trails and other amenities. As such, this property was purchased with a multi -use purpose in mind. Staff is working to develop the design for this property, which is estimated to cost in excess of $10 million. If the property is utilized for a TMDL type project, then it may be beneficial to utilize bond proceeds as a portion of the funding plan. Keep in mind that SB 64, which has yet to be signed by the governor, may prohibit the discharge of wastewater to surface waters (lateral D) by 2032 and the Utility department is exploring options regarding the potential impacts to operations. On March 16, 2021, the Board of Commissioners approved the purchase of a 38.4 acre parcel of property near the Main Relief Canal for the purpose of constructing a TMDL project. County staff is working to design a project for this location. Construction costs for such project would be a potential use of proceeds from a potential bond issue. As discussed under the large-scale stormwater project section, the cost of constructing such projects is likely between $5410 million. 138 FUNDING If approved, a general obligation bond issue(s), would be supported by a separate millage rate that would be levied on property within the County. For discussion purposes, a $50 million bond issue financed over a 15 -year period as was done in the two prior issuances, could be supported with a millage rate of approximately 1/3 of a mill. Another matter to consider would be the timing of bond issuance. Generally, municipal bond issuers such as the County must reasonably expect to spend the proceeds on qualified purposes within 3 years. It may be necessary to split any authorization into multiple bond issues (which was done with the 1992 referendum) in order to meet these requirements. If that was done, the initial millage rate would be lower until the final set of bonds is issued. Staff would recommend the consideration of unlimited General Obligation (G.O.) Bonds, as was approved in 1992 as compared to limited G.O. Bonds as approved in -2004. This typically results in a slightly reduced borrowing cost. As detailed, there are numerous projects that could be funded with a potential bond issue. Bond proceeds would be appropriate for funding all or a portion of the capital cost of such improvements. It should be noted that there are tax-exempt bond restrictions regrading the useful life of projects financed versus the average maturity of the bonds. Assuming a 15 -year period would require that the projects financed have a relative longer useful life. Capital projects typically carry ongoing maintenance and operating costs. These would need to be funded from other sources as bond proceeds would not be an appropriate source for such expenses. The County typically uses several sources of funding for major projects. This would likely be true for projects supported by these bonds. Numerous grants are available from State and Federal sources for projects like those presented. This would serve to leverage the bond issue to provide total funding in excess of the bond amount. The Board also discussed the possibility of utilizing Public Private Partnerships (PPP's) for these funds/projects. This is another potential tool available to leverage the bond funds. Staff could explore PPP's as appropriate for any projects supported by a bond issue. However, it is important to note that we will need to review any funding and ownership structure with bond counsel to ensure it would comply with tax-exempt bond issue requirements in these instances. RECOMMENDATION Staff recommends that the Board consider the various types of improvements detailed above and provide direction on the types of projects to be funded in the event that the Board approves placing a general obligation bond issue referendum on the ballot. Based upon this direction, staff could further develop a proposed spending plan for such funds. ATTACHMENTS 139 Departmental Item f1 Indian River County, Florida Department of Utility Services Board Memorandum Date: May 26, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared by: Terry Southard, Operations Manager, Utility Services Subject: South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Bid Award Background/Analysis: Indian River County Department of Utility Services (IRCDUS) owns and operates the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) located at 1550 9th Street SW, Vero Beach. IRCDUS is currently utilizing Kimley-Horn and Associates (KHA), under previous Board of County Commissioners (BCC) authorization from November 5, 2019, under the Water Plant and Water Resources Engineering Services Agreement. On December 17, 2019, the BCC awarded KHA with Work Order No. 1 to provide design, permitting, and bidding phase services for the SCRO WTP project. Following completion of task 1 of this scope including the preliminary evaluation, the following additional items were determined to be necessary improvements as part of the overall project: • Replace existing 1.5 million gallons per day (MGD) reverse osmosis (RO) trains (upgrade to 1.8 MGD) • Replace/upgrade associated RO train remote programmable logic control (PLC) and instrumentation • Replace process piping to stainless steel • Modify feedwater pump configuration to dedicated operation • Upgrade finish water supply piping to provide redundancy/resiliency • Replace/upgrade high service pump piping and finish flow meter • Replace/upgrade main plant PLC and associated PLC/Human-Machine Interface (HMI) programming • Rehabilitate and upgrade cleaning system • Rehabilitation of lab space and equipment KHA has almost completed Work Order No. 1 at a cost of $695,501.00. Bids were prepared for Purchasing to advertise. On April 4; 2021, the Indian River County Purchasing Department advertised the project and requested bids, with the bid opening on May 19, 2021. Four companies bid the project: F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-South RO Plant Improvements Bid Cmc 6 9 21.Doc Page yfd Bidder Name Total Base Bid Subtotal of Alternates Total Bid with Alternates TLC Diversified, Inc $ 8,725,777.00 $1,773,000.00 $10,498,777.00 Florida Design Contractors $ 8,805,000.00 $1,878,000.00 $10,683,000.00 BLDM USA, LLC $ 9,601,000.00 $1,349,000.00 $10,950,000.00 WPC Industrial Contractors & Randall Environmental, $10,259,000.00 $2,068,670.60 $12,327,670.60 KHA reviewed the bids for completeness with respect to responsiveness, responsibility, and price. On May 27, 2021, KHA provided a Bid Review letter recommending TLC Diversified, Inc., as the lowest responsive, responsible bidder for the project with a total bid of $10,498,777.00. IRCDUS staff has worked on two successful projects with TLC and agrees with KHA's .recommendation of award to TLC Diversified. Overall costs for design and construction are as follows: Description Cost KHA Work Order #1 Design Phase $ 695,501.00 Apparent Bid Construction Cost $10,498,777.00 KHA Work Order #6 Construction Phase Services $ 1,222,546.00 Total South RO Improvement Cost $12,416,824.00 On April 13, 2021, the BCC approved the American Rescue Plan (ARP) spending plan, which included a $6,000,000 allocation towards the SCRO project. In order for these expenses to be eligible for ARP funding, federal clauses must be included in the contract documents. Because bids were already accepted at the time of BCC approval of the ARP funding for the project, federal requirements will need to be added to the agreement. Staff recommends the BCC award to TLC Diversified, and if that firm declines to accept the additional clauses, authorize staff to reach out to each subsequent low, responsive, and responsible bidder to determine if they will honor their bid price and accept the addition of federal clauses to the agreement. Should TLC decline, the changes, staff will bring an updated award recommendation to the BCC. Funding: Funds for this project are derived from the South Reverse Osmosis (S R/0) Membrane & Retrofit account in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Additionally, $6,000,000 in ARP funding, if federal contractual objectives can be met, may be utilized to fund a portion of the overall project, which will be added as a reimbursement to the Utilities fund. Note: Staff did apply for cost -share grant funding to offset a portion of the construction cost, but was unable to acquire. Also, FY 2021-2022 legislative appropriations of $1,129,668 were approved by the Florida House and Senate, but was unfortunately not funded when the Governor did a line -item veto. Staff would like to thank Representative Erin Grall and Senator Debbie Mayfield for their help and support of this legislative request. Description Account Number Amount S R/O Membrane & Retrofit. FY 20-21 47121936-044699-19503 $ 151,142.37 S R/O Membrane & Retrofit FY 21-22 47121936-044699-19503 $5,802,15.2.43 S R/O Membrane & Retrofit FY 22-23 47121936-044699-19503 $4,545,482.30 F:\Utilities\UTILITY -EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-South RO Plant Improvements Bid Cmc 6 9 21.Doc 141 Recommendation: Staff recommends that the Board of County Commissioners (BCC) award bid #2021026 to TLC Diversified, Inc. for $10,498,777.00. Staff also recommends the BCC approve the sample agreement and authorize the Chairman to sign it, after the County Attorney has approved it as to form and legal sufficiency, and after receipt and approval of the required public construction bond and insurance. Staff further proposes the federal clauses be added to the final contract documents. Attachments: KHA South County WTP Improvements Project Bid Review Dated May 27, 2021 Sample Agreement Cmc 6 9 21.Doc 142 Kimley>»Horn May 271h, 2021 Vincent Burke, P.E. Director of Utilities Indian River County Department of Utility Services 180127 th Street, Building A Vero Beach, FL 32960 RE: South Oslo Road WTP Improvements Project - KHA Bid Review Bid # 2021026 KHA Job No. 044572100 Vincent, Indian River County Board of County Purchasing Division publicly advertised. the bid documents for the South Oslo Road WTP Improvement project on April 4th, 2021 and scheduled a non -mandatory pre-bid meeting, which was held on-site on April 19, 2021 to discuss the project with potential bidders. On May 19, 2021 bids were publicly opened and read. Indian River County Utilities Department (IRCUD) provided Kimley-Horn with electronic copies of the four (4) bids that were received. A bid tabulation was prepared by Kimley-Horn that includes the summary of the total bid amounts for the four (4) bids that were received. The bid amounts for this project are as follows: Company Base Bid Additive Alternate Total Bid TLC Diversified, Inc. $ 8,725,777.00 $ 1,773,000.00 $10,498,777.00 Florida Design Contractors, Inc. $ 8,805,000.00 $ 1,878,000.00 $10,683,000.00 BLDM USA, LLC $ 9,601,000.00 A 1,349,000.00 $10,950,000.00 WPC Industrial Contractors and Randall Environmental Inc., a Joint Venture ..$10,259,000.00 $ 2,068,670.60 $12,327,670.60 Engineer's Opinion of Probable Construction Costs w/ Contingency $11,114,544.00 $ 1,775,400.00 $12,889,944.00 Kimley-Horn reviewed the bids for completeness with respect to the lowest bid amount, most responsive, and most responsible bidder. All bid packages were provided by IRCUD and reviewed by Kimley-Horn. The results of our review are as follows: • No math errors were found in any of the bids reviewed • All of the bids were found to be complete • Upon review of the bid package, it was found that TLC Diversified has submitted the documentation requested with the lowest bid price. • Bids were competitive with lowest three bids within 4% of each other. 11kiffile--yJ horn.com 1 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 Kimley»>Horn' Page 2 The three lowest bids were within +/- 2% of the Engineer's Opinion of Probable Construction Costs (OPCC), without contingency. Kimley-Horn has positive experiences working with TLC Diversified on pump station and water treatment plant related construction projects. Most recently, Kimley-Horn worked with TLC Diversified to replace blowers at the South Oslo Road WTP, which was -completed in March 2021. TLC is. also currently completing the construction for the Roseland Pump Station and Transmission Main project. In addition to our experience with TLC, references were included within TLC's bid package to satisfy the requirements of "Instructions to Bidders," specifically for three (3) references as required per 1.03 C. The references that responded to inquiries included the City of Orlando, Key Colony Beach, and the City of Winter Gardens. Each of these municipalities had a project with TLC that was of similar size and scope and provided satisfactory reviews. Based on the results of our review, TLC Diversified submitted the lowest responsive, responsible bid for the project. We see no reason IRCUD should not award the complete contract, including all of the additive alternates, to TLC Diversified, Inc. Should you have any questions or comments, please do not hesitate to contact this office at (561) 840-0258.. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Nick.Slack, P.E. Attachment: Bid Tab, TLC Bid Cc: Terry Southard (IRCUD) Matt Jordan, P.E. (IRCUD) Mike Vernon (IRCUD) Cindy. Corrente (IRC) Jennifer Hyde (IRC) Mark Miller, P.E. Bert King, E.I. K:1wPB_Civi11044572100 - South RO WTP Design\Bidding\Bid Review\Oslo WTP Improvements - KHA Bid Review.docx kim e horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 OF6,i7 i,,-+, co 145 0 c O UcNc C Y 0 0 0 0 0 o o 0 0 o o o 0 0 0 0 0 0 0 0 0 0 p p -c o 0 0 0 o p p o 0 0 o p p o p p o 0 0 0 0 0 o 0 p o 0 0 0 0 m e V O O p O 0 0 0 0 0 0 0 0 0 O O O O O O O o o N 0 N M m O O p O O O O N O O O O O O O O O O LO co C.2 w O O O N O N v N W. v to C' O O M N v t0 w N N N Q� Co C V t0 p� O O N r O O 01 O N M to lA t0 Oi N � v N W 0 (O � r M� O N v r S O M N N H M t9 s0 r n to M � O n O 4 V di o O O O OOOO O OO O O O O O OOW 0t DD fprtrN O . 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E c 3 c E h m o Q d` 4. m m .W c a y o '- - a E¢ m >U) o o w E a c IL a P¢ o N E E LLcx y m o o y m 'o d o ° ' o m > to c W E c a, d E m d otf V U c N y 4. d w rn m p m m v C J a c p cn o y m a a cn t a F v€ c W d d ii o E a c- a a E 3 N c m u 0 o LL 3 o E E v) U m H d o d c d t6 O A 'c m z m cL E- co x x w a x v J c v F U- 7 N M q' t0 t0 r d O N M v t0 t0 J J J J J J J ¢ ¢ ¢ ¢ ¢ ¢ ¢ 145 0 c O UcNc C Y SECTION 00310 Copy BID FORM South County RO, Plant Improvement Bid2� 0 THIS BID IS SUBMITTED TO: Indian River County Purchasing Division 1800 2r Street Vero Beach, FL 32960 1. The undersigned Bidder proposes and agrees, if this Bid. is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders. This Bid will remain subject to acceptance for: ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the insurance and other documents required by the Owner within fifteen (15) days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Apra 16, 2021 1 April 29, 2021 2 May 11, 2021 3 M 6 17, 2021 4 (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress; performance or finishing of the work. (a) Bidder acknowledges and agrees that it is bidding on construction of improvements at the South Oslo Road WTP. Please refer to the. specifications and construction drawings labeled: South Oslo Road WTP Improvements. (b) Bidders are notified that the estimates of the quantities of the various items of Work and materials as set forth in the Bid Proposal (Schedule of Bid Items) are approximate only and are given solely to be used as a uniform basis for the comparison of Bids. The quantities actually required to complete the Project and Work may be less or more than so estimated, and, if so, no action for damages or for loss -of profits shall accrue to the CONTRACTOR by reasonthereof. (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit 00310-1. 146 a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain. from bidding; and Bidder has not sought. by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Bid Proposal (Schedule of Bid Items) ,attached to this Bid Form. The quantities shown on the Bid Proposal Schedule of Bid Items) are approximate quantities. The actual quantities mayvary. 5. The following documents are attached to and made a part of this Bid: (a) Bid Form (Section 00310); (b) Schedule of Subcontractors (Section 00431); (c) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432) (d) Disclosure of Relationships (Section 00452); (e) Swom Statement Under the Florida Trench Safety Act (Section 00454); {f) General Information Required of Bidders (Section 00456); (g) A current certificate of insurance evidencing coverages and limits in the amounts required by the Contract Documents. "REMAINDER OF PAGE LEFT BLANK** Bid Form 00310 Page 2 147 SCHEDULE A SCHEDULE OF BID ITEMS BID NUMBER 2021026 PROJECT IDENTIFICATION: South Oslo Road WTP Improvements THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th STREET VERO BEACH, FLORIDA 32960 BY. TLC Diversified, Inc. Company Name Item of Work - . , Unit of Unit Price •Y; Quantity ' 'Bid Item Total Item. easure _ --_ _ r Y ` 1 Mobilization and Demobilization LS $ 1 $ oa 2 Bonds and Insurance LS $ a� 1 Odd $ A1060 3 NF Train Replacement LS $ us bea 1 $ 72.6 ( S 4 :Conc. Building Process Piping Improvements (Feed, Permeate) LS $ OP, b � 1 77 $ q OGp A 5:Trench improvements and Rehabilitation LS $ 5'0!5, 0M 1 00 $ 5-6S iwo 6 mall Diameter Process Piping Replacement LS $ -751000 1 $ 76, o 6 ` 7 HSP Suction Piping Improvements LS $ ?20,0,6a 1 $ ?b 06a °n 8 NSP Discharge Piping Improvements LS $2a006 °' 1 $ 3 c+2- C:Z0cz 9 Electrical not including additive alternates) LS $'7Uo 00-6 1 $ q Cb a( 10 M iscella neous Site Work LS $4U,00" &' 1 $ z ada 11 Permeate Yard Piping Improvements LS $Z,) ,666 1 $ 0 C�s 12 HSPS 4.& 5 LS $ Odto"5 1 $ G77 0M 13 Concentrate Yard Piping Improvements LS $107,000 1 $ 102 0Ora 14 Well PLC/SCADA Improvements LS $ 253,0,z 1 $ 153,6W 15 WTP PLC/SCADA improvements LS $ � 60600 1 $ (� 16 Undefined Conditions Allowance LS $350,000 1 $350,000 Subtotal (Base Bid): I$ gt7LZ_ OD Total Base Bid Amount in Words: f Additive Alternate Bid Items . ALT -1 Membrane CIP System Replacement���a' (Including Electrical) LSCXk c9 $ 53(,,D i x.36 ALT -2 Laboratory Renovation (Including Electrical) LS $ 1,0M i $ 000°e 148 + Bid "; �� ,, t- '� . v Item of Work , ', Unit of ;_•- :--ten- , Unit Price. ,.•.. quantity _ .� �= •Bid Item Total ;stem' :. rt.. , easure :,, ., , _ •r:, , , � ALT -3 Caustic System Improvements (Including LS $ Electrical) ALT -4 02 System Improvements (Including LS $ �`� 1 o� $ `7 q bo Electrical) 66�U; ALT -5 Transfer Piping Improvements LS $ 24Lf 06oZz 1 $ Zc{` ( 00C ALT -6 Finished Water Flow Panel (Including LS $ t�7 ObU �•37 00©� Electrical) ALT -7 Misc. Wellfield Starter and Instrument LS $ 1 101006 02) CD $ �� SCD Replacement (including Electrical) Subtotal (Add/Alt): $ l `7 73 Ddb Total Base Bid with Additive Alternates (Base Bid + Add/Alt): $Id qq Z,77 -7-7 09 Total Base Bid with Additive Alternates Amount in The undersigned hereby certifies that they have read and understand the contents of this solicitation and agrees to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to: 1) alter any resulting contract; or 2) request additional compensation. SUBMITTED on May 19 .2021 . TLC Diversified, Inc. Name of Firm Authorized Signature Dalas Lamberson/Vice President Title May 18, 2021 Date Signed E-mail: tlamberson@ticdiv.com Business Tax Receipt No. 271917th Street East Address Palmetto, FL 34221 City, State, Zip Code ( 941 ) 722 - 0621 Phone LBTR Numbers: 198509966 & 199100688 FEIN Number: 59-2513308 State Contractor License No. CGCO41816 / CUC053963 State of Incorporation is Florida (Corporate Seal) Bid Form 00310 Page 4 149 SECTION 00410 AIA DOCUMENT A310 BID BOND The Bidder shall use the document form entitled "AIA Document A310 Bid Bond". END OF SECTION 00410-1 150 Bid Bond CONTRACTOR: /,4'rrnre, legrrl surltrs rind crrldtx.cr) TLC Diversified, Inc. 2719 17th Street, East Palmetto, FL 34221 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: {,'�'runc, Ic�rrlstrrlrrcnxdpsincipa/�ItrcCrJhrc+i+re�:r} Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251-5001 OWNER: (Nanio, legal status and adcims) Indian River. County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (Xanre, location or address: and Project number, ijan) j South Oslo Road WP Improvements This document has important legal consequences. Consultation with an attorney is encouraged Will respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shah be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above. for the payment of which tate Contractor and Surety bind themselves. their heirs executors administrators, successors and assigns, jointly and severally, as provided herein. Tile conditions of this Bond are such that if the Onvner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms!) fsuch bid, and gives such bond or bonds as may be specified in the bidding or Contract Uocumcnts, with a surety admitted in the jurisdiction of tate Project mid othernvise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the difference, not to exceed tine amount of this Bond, bct►eecn the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlium the wart; covered by said bid, then this obligation shall be null and void, otherwise to remain in cull lbrce and elfect. The Surety hereby i-N-aives any notice gran agreement between the Owner and Contractor to extend the time in which the Owner may accept tire bid. Alaiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance orbids specilied in the bid documents, and the Owner and Contractor shall obtain the Surety's consent loran extension beyond sixty (60) days. If this Bond is issued in connection with d subcontractor's bid ton Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. '4r<rhen this Bond has been furnished to comply with u statutory,or other tegal requirement in the location ut'tlec project, unv provision in this Bond conllicling with said statutory or legal requirement shall be deemed deleted herel'rom and provision%caiilimmling to such statutory or other legal requirement shall be deemed incorporated herein. When so rumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 19th / day of May, 2021 / TLC Diversified, Inc. �--.- (Princiyalj (Sea!) (47111ew) iffany Tayl r, A st. Secretary - (line) Dalas Lamberson, Vice President Westfield Insurance Company URgge, (JPi Vis) K / ) - j� • O By: / ccst f �� N:• ��l�.L b / ..k; (/ir1TCa'ura DxMosholder Attorney -in -Fact •. .r.r. .• s S-0054/AS 8110 151 POWER NO. 0994782 01 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All 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 existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint LAURA D. MOSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY of SANFORD and State of FL its true and lawful Attorneys) -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 UUAit7ii3"1'LE, 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 seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "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 Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 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 by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved that the signature of any such designated person and 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 valid 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 02nd day of JANUARY A.D., 2020 . Corporatea"t1nNA! Seals�� j'• •aP ....".II,..,n4 WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY ••� .c�s'� �E '�' •'+ , osG s = ,r..-•••• ,�• ' �= OHIO FARMERS INSURANCE COMPANY Affixed Ps �rn o r°<) F -�'• � Uf SEAL .'P' Q. .o•°_� i /Y 16419 ; *-re By: State of Ohio County of Medina ss.: ty W. turnper, Nation Sure Leader and Senior Executive On this 02nd day of JANUARY A.D., 2020 , before me personally came Gary W. Stamper 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 N+.w Seal mat A.L. Affixed State of Ohio ,b 4vjo David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.:�7% My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) TFofa 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 19th day of May A.D., 2021 SEAL"� F- SEAL m 10: _ ��' % Scrnrlary yi L+''^•-�"..•-'` Y =y' �' ' •!= Frank A. Carrino, Secretary 152 BPOAC2 (combined) (06.02) SECTION 00431 SCHEDULE OF SUBCONTRACTORS (This form MUST be submitted with each bid) PLEASE LIST ALL SUBCONTRACTORS ANTICIPATED TO RECEIVE $10,000 (TEN THOUSAND DOLLARS) OR MORE OF WORK UNDER THIS PROJECT, INCLUDING NAME; ADDRESS; SPECIALTY; AND LICENSE TYPE AND NUMBER.. The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS TYPE OF WORK LICENSE # 6 mmollg' i PK_ tr-" D ra- vr,7 VeSi li,n Tni`,_ Total dollar amount that will be awarded to Sub -contractors AND INCLUDED IN THE TOTAL AMOUNT OF THE BID $ 2-,2L5.c,4 occo c% NOTE: The above Schedule of Subcontractors must be submitted with the Bid Form and will become a part of the Contract Documents. END OF SECTION 00431-1 153 SECTION 00432 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES This form must be submitted with each bid. I hereby certify that neither the*undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are 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 s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria. Name of Bidder: TLC Diversified, Inc. 4ut orized Signature) Title: Dalas Lamberson/Vice President Date: May 18, 2021 154 SECTION 00452 SWORD STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid No. 2021026 for South Oslo Road WTP Improvements This sworn statement is submitted by: TLC Diversified, Inc. (Name of entity submitting Statement) whose business address is: 2719 17th Street East, Palmetto, FL 34221 3. My .name is Dalas Lamberson (Please print name of individual signing) and my relationship to the entity named above is Vice President 4. I understand that an "affiliate" as defined. in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as ,follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law; daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management. of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County emploYee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452-1 155 Name of Affiliate Name of County Commissioner Relationship or entity or employee N/A STATE OF FLORIDA COUNTY OF MANATEE (Signature) Dalas Lamberson/Vice President May .1$, 2021 (Date) Sworn to (or affirmed) and subscribed before me by means of ® physical presence or 0 online notarization, thisMMay 1 g day of 2021 , by Dalas LambersonNP (name of person making statement). 4L� &7A00 Linda Kay Moore Iic - State of Florida) (Print, Type, or Stamp. Commission -ed Name of Notary Public) ® who is personally known to me or ❑ who has produced N/A as identification. END OF SECTION 00452-2 LINDAKAYMOORE i r`a4• Nota .. } .:. ry public -State of Florida c Commission N GG 963661 MY Comm. Expires Mar 20, 2024 Bonded through National Notary Assn: 156 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. This Sworn Statement is submitted with Bid No. 2021026 for South Oslo Road WTP Improvements. 2. This Sworn Statement is submitted by TLC Diversified, Inc. (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 2719 17th Street East Palmetto FL 34221 BIDDER's Federal Employer Identification Number (FEIN) is 59-2513308 3. My name is Dalas Lamberson and my relationship to the BIDDER (Print Name of individual Signing) is Vice President (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et. seq. Florida Statutes and refer -to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 1,000.00 , based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project; Trench Box The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 00454-1 157 7. The BIDDER has allocated and included in its bid the total amount of $ 0.00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following speck method(s) of compliance on this Project: NIA The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. DDER'. TLC DiyeMi i=• Position or Title: Dalas LambersonNice President Date: May 18.2021 STATE OF FLORIDA COUNTY OF MANATEE Sworn to (or affirmed) and subscribed before me by means of ® physical presence.or ❑ online notarization, this May 18 day of 2021 , by Dalas Lambersori (name of person making statement). 6orSt�ampCo inda Kay Moore blic —State of Florida) (Print, Type;missioned Name of Notary Public) ® who is personally known to me or ❑ who has produced NIA as identification. * * END OF SECTION * * LINEA KAY MOOR£ N Notary Public- State of Floriea C ITOMMISSfOn # GG 963661 p ele My Comm. Expires Mar 20, 202< � Bonded through National. Notam A;c• ;s 00454-2 158 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional;sheets shall be attached as required. Documentation Submitted with Indian River County Bid No: 2021026 for the South Oslo Road WTP Improvements How many years has your organization been in business as a General Contractor? 36 Years 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? See Attached 3. Have you ever failed to complete viork-awarded to -you? If so, where and why? NIA 4. Provide the name, title, and contact information, including email address and phone numbers, of three individuals or corporations for which you have performed similar work that Indian River County may contact for a reference: See Attached 5. Name of person who inspected site. or proposed work for your firm: Name: Mike McCarty Date of Inspections: 04/1912021 Describe any anticipated problems with the site and your.proposed solutions: None at this time. 00456-1 159 6. 1Will you Subcontract any part of this Work? If so, describe which portions: 7. Q Er7 10. 11. 12. Coatings, Electrical., I&C, Plumbing What equipment do you own that is available for the work? Trackhoe Backhoe,. Plate Compactors, Mini -Excavator What equipment will you purchase for the work? N/A What equipment will you rent for the work? Dewatering Pump, Crane Florida General Contractor's License No: CGC041816 / CUC053963 The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) See Attached List the names and titles of ALL officers of Contractor's firm: Thurston Lamberson Joanne Lamberson Dalas Lamberson Tiffany Taylor 00456-2 President Sr. VP/Secretary/Treasurer Vice President Asst. Secretary/Controller 160 13: State the true and exact, correct, and complete name under which you do business. BIDDER is: TLC Diversified, Inc. 14. State your total bonding capacity. $ 80 Million 15. State your bonding capacity per job. $ 40 Million 16. Please provide name, address, telephone number, and contact person of your bonding company. Westfield Insurance Company administered through: Nielson, Mosholder & Assoc./4380 St. Johns Pky., Ste. 1.10, Sanford, .FL 32771 Don Bramlage/Attorney-In-Fact - (407) 330-3990 Extension 1206 17. List all ligation cases during the past three (3) years in which the Contractor has been a n-mmnrl nnrht I lea mrir finnal Ct1PPtC AA nPr.P_CCAiv ;Yeafi:fHOC Case i umliet�.. See Attached 00456-3 161 L .rte as .- QL aL) , 2. ca C o� v: N C .. N M.0 E:'�. N V ' 03 '' 'Q L E` v N a� .m z- v� L cU L N ca . Q' +J CO N� J:. d'- OD' e— Q z O V CPi LL 0 z W 162 INDIAN RIVER COUNTY, FL TLS' DIVERSIFIED 163 AC RV CERTIFICATE OF LIABILITY INSURANCE DATE 412021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-813-229-8021 M. E. Wilson Company, LLC ACT NAME, Diana Defreeuw PHONE 813-984-3619 ac N.): 813-434-2492 0 300 W. Platt St. ADDRESS: ddefreeuw@mewilson.com INSURERS AFFORDING COVERAGE NAICit Ste 200 INSURERA:WESTFIELD INS CO 24112 Tampa, FL 33606 INSURED INSURER 8:$RIDGEFIELD CAS INS CO 10335 INSURER C: TRAVELERS PROP CAS CO OF AMER 25674 TLC Diversified, Inc. INSURER 0: 2719 17th Street East IJOCCUR INSURER E INSURER F: Palmetto, PL 34221 r�nv�nwr•re f`CRTICIL`ATr- Al11MRPR• 61709329 KtV131UN IVUmt3CK: yTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE rABD BR POLICY NUMBER MMIUDDP EFF POLICY EXP LIMITS ]C COMMERCIAL GENERAL LIABILITY TRA3972460 04/01/21 04/01/22 EACHOCCURRENCE S 1.000,000CLAIMS•MADE PREMISES E�aoccurrence S SD0,000 rAH$500 IJOCCUR MEDEXP(An one person) S 5,000 Contractual Liability Prop Deg Dad PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 PRODUCTS -COMPjop AGG 5 2,000,000 HGENt POLICY (" 1 jECT LOC OTHEL $ A AUTOM081LELIA8ILITY TRA3972460 04/01/21 04/01/22 COMBINED SINGLE LIMB (Ea accident) s 1,000,000 BODILY INJURY (Per pomoa) S I ANY AUTO BODILY INJURY (Per mcidam) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED I AUTOS ONLY I AUTOS ONLY - PROPERTY DAMAGE $ Per aocZ $ A I UMBRELLALIA8 I X I OCCUR TRA3972460 04/01/21 04/01/22 EACH OCCURRENCE Is 5,000,000 AGGREGATE s 5,000,000 EXCESS LIAR CLAIMS-MOE 1 DED I I RETENTIONS 0 s 1 $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE a OFFICERddEMBEREXCLU0E0? (Mandatory in NH) NIA 019652704 04/01/21 04/01/22 I PER ERH E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE -EA EMPLOYEE S 1,000,000 E.L.DISEASE • POLICY UM1T S It yes, describe under1-000-000 DESCRIPTION OF OPERATIONS below C Installation Floater QT660SH309215TIL20 04/01/21 04/01/22 $5,000 Dad 11000,000 Transit & Storage: 1,000,000 Deductible: 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached N more space is required) For Informational Purposes Only uL-1ci SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 164 DD002 61709329 fi M.E. WILSON RISK MANAGEMENT -INSURANCE May 13, 2021 Indian River County, FL Re: South Oslo Water Treatment Plant Improvements Bid Number: 2021026 To Whom It May Concern: Please accept this letter as certification that we'will secure a builder's risk policy with all required, perils. Coverage will be bound, and proof of coverage provided, when a definitive project start date is confirmed so TLC Diversified is not paying premiums in advance of project start date. Sincerely, M. E. Wilson Company, Inc. o, Diana J Defreeuw Commercial Account Executive 300 W. Platt Street I Tampa, FL 33606 165 Voice. 813.229.8021 1 Fax: 813.229:2795 1 mewilson,com Knowledge is the Best Insurance. JZ'yi r • INDIAN RIVER COUNTY, FL SECTION 00456 QUESTION NO.2 TLC DIVERSIFIEDolow 166 PROJECT DATA v Project' V6lue:,$8.'2 Million Date Completed: Nov. 6. 202'0 KEY STAFF Jake Warren, Pro' M lect, a-nager brad Barfield; Supetintendont CONTACT 4im.Mon-o-h.on, P.E., Z Project Manager 0ty a I f Winter 300 W Piont"Street: Winter Garden; FL 3,087 407656:4111 ext. 5463 j. imoh6han@cwgdn.'tom WESTERN WATER TREATMENTsToRAGE AND PIfMPING ,CITY OF WINTER,GARDEN, FLORIDA PROJECT 182401 This project involves.the construction of o.,3.0 MGD water lre6kfient,-:sloro0e,dnd purnpipgJacility Scope of work includes a new masonry 'building,o*2 MG.o d 1 MG, -ress. —y single -story 'n prestress ground storage tanks; six 100 -Ho high service, splilcosen pumps, two .'50 -pumps,'VFDs, I new. back-up 400kW.'qe inerot6r and !uel'y st6m che"'mi'c'ol-.'stor-o-g'e'-bnd'fddd systems,, 6,000iedt of 16" � .,and 20- raw and potable water piping; SCADA system, -ele'ciric6l, 'H VA0,-bccess'driv'e 'wo y, on -d landscaping. TLC Dive,'.-sifie'd -.Wote'r A id WbsleWatei- InfraVrOcture Since 1985: - 167 INDIAN RIVER COUNTY, FL SECTION 00456 QUESTION NO.4 TLC 01VERSIFIEO 168 PROJECT QATA s Projeci Que:;U.2.Mill.ion -Dote Completed: Nov. 6, 2020 KEY STAFF i, Joke War.ren, Project Manager. n Brod�Barfield;-Superintendent- CONTACT > Jim. Monahan, P.E. Project Manager, City of Winter. Garden 300 W.Plont,Sireef -Winier Garden; FL 34787 407.656.4111 exl...S463 a jmonohan@cwq&c-am 1 WESTERN WATER TREAit tW STORAGE. AND PUMPING .CITY 0E WINTER .GARDEN, FLORIDA J 'PROJECT 182401 This project involves the :construction of o 3.0 MGD water i.reatment„storoge-ond pumping facility. Scope of work includes a `new masonry single -story building,.9 2..M( and 1 MG.prestress. ground storage tonks, "six 100 -HP high`service splitcase pumps; two 50-HPJockey pumps, VFDs, new%back-up 40.O0V generator and fuel system,.chernical storage and, feed systemsib,000 feet of 16.' :ond 20° raw and poiable�waterpiping; SCADA,system; eleciricol, HVAC, access driveway; and londscaping. i :TiC / h4ie 'sified - 1!�'ater.fi.rid”l��'csfe.��a;er,lnfrastructsire�:Srnce .1985 169 f , PROJECT DATA P Proi,ediVoloe: $5.7 Million ,i Dote -C6410 201`8 COWA& -,J.(jso n She pier, P'.,E,. -_Senio(Pr lect. Director 9,04.6440644 shepler@m0t6uericom WR F IMPROVEMENTS PHASE 11 KEY COLONY BEACHJLORIDA I PROJECT 7611601 Tne Project consists of d6moNion of the ,exi.sti6Q'Fihes6re6hihgsystem .and structure; r6mi5volofthe three existing centrifugal blo,wers;, improvements ,to:existing 0.34 MGD membi'dirie,biorecid6l fe,i:lom6fioii.fbcility.including one 10-7fdol stblic kteen with 2 rhm. screening unit- one emergency -up oluminum,bor rock Nyiih s i cree bock screieninqs, one ,- 98,000gallon anaerobic tank" -- one 506 114'" gallon Surge Anoxic Mixing 'tank; three 11,-200�:qpm ver.ticol non7. clog pumps.6'' nd nevi MCC; two 200-scfrh Hybrid Blowers for SAM jet (nNiniq system; four 650's.cfm Hybfid blowers for, MOR :Scour and ' ...:oerat on; two 200.gpm wasting purrips from-6nder obicban,to digester, removal onci replacement of. existing eight MU cassettes; Alum and MicroC Chemic 0*1,'F6ed -Sysie.ms, existing aerobic digester i modifi"cati6hs'fr6m,diffusei.oir. to 15.1-1P nociting-cispirator'with-two I 200. 9prn Bi.osolid Tra risfer-Rumps; and associated HVAC; electric'dl and i'nstru'mL-nt.dtioh.improverhent8. TY: blkir0r:'6�d - $ince 1985 170 PROJECT DATA VALRICO AWWTP HEADWORKS REPLACEMENT D Project Volue:,$8.2 Million HILLSBOROUGH COUNTY,,FLORIDA j.PROJECT 142701 a Dote Completed: July 7 2017 This project involved the construction of a brand-new heodworks CONTACT facility rated for a*25MGD treatment facility. The structure itself n A) Martini, P.E. included 1,900 cubic yards of concrete that was, poured-in-ploce n Hillsborough County - Project Manager by our own in-house form carpenters and Finishers. The structure's 813.209.3069 foundation was supported with on auger cast pile system that n mortinio@hillsboroughcounty.org provided a soil bearing capacity of 2,500 psf. The project involved over 4,000 feet of 12" to 36" DI and PVC piping and valves, 24" and 30" topping sleeve & valve. Cleaning of the Primary Digester Tonk. We furnished and installed all new degritting equipment, mechanical screens; slide gotes,,voriable frequency drives, oil new electrical with concrete duct banks, I&C, grit pumping and dewatering equipment, auto -sampling equipment, raw sewage influent flow metering and monitoring equipment, LED lighting system, as well as an odor control treatment facility. After.stort-up and commissioning was complete, we demolished the entire existing heodworks structure and all associated paving,, concrete, piping, etc. F I iI.C.DiversiflPd - Water Ano'' VVusipwoter irucstrudure+Since 7985 171 COUNTY, TLC Diversified, Inc. Balance Sheets December 31, 2020 and 2019 Assets 2020 2019 Current assets: Cash and cash equivalents $ 5,208,934 $ 4,628,487 Accounts receivable 8,250,081 9,082,543 Other receivable 14,115 59049 Costs and estimated earnings in excess of billings on uncompleted contracts 1,404,247 1,890,592 Prepaid expenses and deposits 30,098 27,495 Total current assets 14,907,475 15,634,166 Fixed assets: Leasehold improvements 101,218 101,218 . Vehicles and trailers 1,453,362 1,327,837 Construction equipment 1,593,316 1,638,952 3,147,896 3,068,007 Less: accumulated depreciation 1,467,144 1;x278,450 Fixed assets, net 1,680,752 1,789,557 Cash surrender value of life insurance policies 14,162 19,341 Total assets $ 16,602,389 $ 17,443,064 Liabilities and shareholders' equity Current liabilities: Accounts payable $ 4,714,235 $ 6,066,389 Accrued liabilities 768,170 472,299 Billings in excess of costs and estimated earnings on uncompleted contracts 914,958 1,227,103 Current portion of long term debt 71,277 95,095 Total current liabilities 6,468,640 7,860,886 Longterm debt less current portion - 71,277 Shareholders' equity: Capital stock, $1 par, 1,000 shares authorized; 200 issued and outstanding 200 200 Retained earnings 10,133,549 9,510,701 Total shareholders' equity 109133,749 9,510,901 'dotal liabilities and shareholders' equity $ 16,602,389 $ 17.441064 See accompanying notes and auditors'report. 173 3 TLC Diversified, Inc. Statements of Income and Retained Earnings Years Ended December 31, 2020 and 2019 Revenues earned Cost of earned revenues: Job costs Additional cost of earned revenues Total cost of earned revenues Gross profit General and administrative expenses:. Advertising Auto and truck expense Computer Depreciation Dues and subscriptions Equipment costs Estimating Insurance Office expense Other expense Payroll and payroll taxes Pro'j ssional fccs Profit-sharing contribution Rent Safety program Taxes and licenses Telephone and utilities Travel and entertainment Utilities Allocated costs to jobs Total general and administrative expenses: Operating `income Other income (expense) Equipment income Equipment expense Gain (loss) on disposal Interest income Interest expense Unusual item, forgiveness of PPP loan (see Note 11) Other income (expense) Total other income (expense) Net income Retained earnings as the beginning of the year Distributions for the year Retained earnings as of the end :of the year See accompanying notes and auditors report. 2020 2019 $ 43,630,498 $ 45,271,819 35,443,269 36,213,474 552,256 402,290. 35,995,525 36,615,764 7,634,973 8,656,055 26,203 61,714 131,285 117,779 175,345 137,364 287,206 241,175 51,679 50,145 106,492 112,770 76,916 38,512 400,221 331,699 162,389 74,206 21,684 61,353 4,241,029 4,130,460 43,850 42,140 468,673 418,000 121,828 108,827 59,179 88,884 34,821 37,302 40,523 74,501 120,095 90,126 14,471 12,636 (518,017) (405,067) 6,065,872 5,824,520 1,569,101 2,831,535 781,625 619,655 (237,543) (228,641) 1,548 (7,372) 3,347 40,311 (11669) (678) 1,015,096 - (30,345) 60 1,532,059 423,335 3,101,160 3,254,870 9,510,701 7,413,752 (2,478,312) (1,217,921), $ 10,133,549 $ 9,510,701 174 4 INDIAN RIVER COUNTY, FL SECTION 00456 QUESTION NO.17 2DIVLCERSIFIEQ 175 May 19, 2021 To Whom It May Concern, TLC Diversified, Inc. lfeepirirg Water Moving Environmental Construction Professionals Serving the Water & Wastewater Industry CG C041816 CU C053963 TLC Diversified, Inc. had one (1) Litigation Claim pending back in 2019 and that claim has since been amicably settled with the City of Naples. The Claim was: TLC Diversified, Inc. v. The City of Naples, Florida, Collier County, Florida Case No.11-2018-CA-003703-001-XX. Tray Batcher, Esq., Cotney Construction Law, LLP, 3110 Cherry Palm Drive, Suite 290, Tampa, Florida 33619, 813-579-3278 is Counsel for TLC Diversified, Inc. Sara Hall, Esq., Roetzel, 850 Park Shore Drive, Trianon Center —3id Floor, Naples, Florida 34103, 239-649-6200 is Counsel for The City of Naples December 03, 2018: The Court has set a Case Management Conference for August 30, 2019 which can be resolved by written agreement. The Issue: One (1) of several pumps specified for install, on the underlying project to upgrade the City's storm water management system, was declined by the City. The pump operates, but slightly under maximum intended capabilities. As a result, the City has refused to release all retainage owed on the project. The withheld retainage is a significant sum. TLC maintains that it ordered and installed the specified pump from the manufacturer, which is a very straight -forward process. Specified equipment failing to function at 100% in the designed environment is not a construction failure, but a design error. TLC objected to being held financially responsible for design error and attempted to negotiate with the City for approximately five (5) months prior to initiation of litigation. TLC also requested early mediation in the litigation. Respectfully submitted, f State of Florida, County of Manatee: Dalas Lamberson Signed this 18th day of May . 2021 by Dalas Lamberson/VP, Vice President er opally Kn wn t e. ;� ►u ., LINDA KAY MOOAR E `.°• ��i Nota Public - State of Florida L _ Commission R GG.963661 My Comm. Expires Mar 20, 2024 Bonded through National Notary Assn.. J INDIAN RIVER COUNTY, FL SECTION 00456 QUESTION NO.18 TLC DIVEPSI ED 177 PROJECT DATA Project Volue $5.7 Million m. Date Completed S:eot 30, 2018 CONTACT n Jason; Shepler, f'.E:. SeniorProieet Director a 904:644.0644 .i ishepler@►nittouer:com t 4 i t i •i i t i t t I j WRF IMPROVEMENTS PHASE it KEYCOlONY 8EACH, FLORIDA PROJECT 161601 { S The Project, consists of demolition of'the existing nne screening system and structure; removal.6f, the three existing centrifugal blowers; improvements to;existing 0.34 MGD membrone bioreactor water i ceclamoiion facility including one 104661, static screen vvith 2 mm 3 screening unit, one emergency back-up alurninum;bor rock;with. screenings;.one 98,0Madllon anaerobic to,nkj.,one.225,000 ; giailon Surge Anoxic Mixing tank; three 1;200 gpm vertical non- clog pumps;and.new MCC- two.2. s6m .Hybrid Blovvers for SAM let nixing system; four 650 scfm Hybrid Blowers:for MB,R Scour and aeration two 200 gpm wasting pumps from anaerobic'basin;to igester;'removof and replacement of existing eight MBR cossettes; Alum and ivlicroC`.Chemical Feed,Sysiems; existing aerobic digester modificotionsfrom'diffused air to 15.HP.flo6ting aspirator With' two 200.gprri BiosoI d Transfer'Pumps,:and'.assodaied HVAC, electrical' and instrumentation improvements. i is 1 Jeff Hail Electric Orl.eans;lN. Eleciricol PROJECT ROJECT PATA Pi6jeci Vofbei t8.2,Million Dole 'Completed: Nov. 2020 KEY -STAFF Joke. _Warren, .Project Manager Brad Borfield; Superintendent CONTACT Jim.-Mono'ho'n, P.E. Project cl Manager, City of Winfer"Gorden 300 W Pla6t Skeet,, Winf& Gdrden-, FL 34787 407.656.,4111 6A. 5463, i jmon'olion@cwgdn.com . m6r,y(aho.n@6cwgdn.coM WESTERN WATER TREATMENT, STORAGE AND PUMPING CITY'O:F WINTER GARDEN, FLORIDA PROJECT 182401 f This project involves the cost bctibh:of b,3.0 MGD.w6l6r n ru Ir*eotment,,st6r.bg0. and pumping facility. 8.cbp.p,Qf work includeso new.mosQnry.sto .ngle-st' r _y buildihSM .b 2 G and I MG prestress .ground st6rdge tanks, six 100 -HP high- servicq splitcose pumps, lwo 9. -50-HPJocke bo& -up. y,pum 4, VFQs, new A00kWg,qti"rdIor and p .fu6lSYS -t6m,,chemicol:storo-be ond"feed systems, 6,000 fbet,of 16.' and 20' raw and ppfobl.e,wat.er piping, SCADA system',, eleclkcil, HVAC, 6ccdss,drivew- d dy, on landscaping. TIC DIWrsiNd- V./aler 'A ii,I:Vi/ci8tewotc�rit)frosfructure-,Si.qce,)9.85: 179 i f t ' � �t 4TH• tc.'>�` -4;. � i}s �t~y. � �T�..•� 1 �, AROJECT.DATA Project Value.: $0.13 Million Dale C6mplAG6R IM&y '12; 2021 CONTACT b. AF Martini; P.E. Hillsborough' County 'Project.Monoger 813.209.3069' m mortinia@hillsb6roughcouhty.org f i V1/ATERSET.RECLAIMED WATER . STORAGE TANK.& PUMP STATION - :HILLSBOROUGH COUNTY, -FLORIDA I PROJECT 191201 l iThis:project scope involved the construction of a new 5.0 million gallon welded steel ground slorage :to and high service pumping ! ?station, along With all related piping, fittings; valves, air release :valves and appurtenances„electricol distribution, convofsystem,, `paving. and storm water ammenitijes, The. proiecl also:included site work, codlings :mechanical, lighti'rig'proteclion; 6perimeier:vvall, hover 1 60Q feet of yardpiping,:-ond:remoration work. t A MW { CB -I Storage Tank PlaiAield,;IL 'Storage Tank RM rf i Rocha, Controls Tama R. f I& G I p. PROJECT DATA Project Volue $12:5 Million Date Cerriple►ed: Jiro. 14, MM CONTACT Steve. Shelnutt City of Orlando=Plant Manager.. a 407246:4119 3teve:shel6u1l@cilyoforlondo.nei TLC GiversifeU-'vVater.And V'ostewater•!n CONS'ERV If WRF IMPROVEMENTS PHASE 1 I RLANRO, FLORIDA PROJECT 112,401 FUrnishecl cnd iAstalled.nev., uerction sy. tprn --.,users in 10 cerction bosins:includmga]l new' -24." ALP p'ipmg. Rom blower building-io the aeration.systerri - this work included the removal and disposol �. oF2,500 CY of,grit, modifications to existing blower building and replacement of existing: blowers wilt new fiigh.efficiency turbo -blowers -with 300 -hp VFDs; new Anternal recycle pump 'stations including 48" ,:'36" , -24" �ond20'' piping, valves and 'oppurtenances; struct.ural.modificotions tospliiterbox: repiocement i of `the four existing 120' "diameter clanfief mecho6sms; mod::codons to the intermediate pump stations;by chonging.o.ut the motors on the 250hp vertical turbine.punips and re:cutting`1he irnpe'llers` n_stallcWon i of 2;800 ]lineal feet'of 48" double borr61.he'odworks effluent line; flow improvements to the aeration bosins with l0.new slide gates and 2 -new weir gates; electricol upgrades including an MCC with "a,copacity of 1,600 amp' fond new switchgedr raled:o► 3,200 amps new:instrumentation dnd controls.system. The plant capacity is '24MGD_ x , .. fi .fit• L ,4' _ r . S,�•ivrP i"il 9y" S .i "y 1� ,� e?Fg � �� �- �' T i BL -Smith Electric 'Dundee,,FL EIecldcol l rctu:e:Since 1.99.5 PROJECT DATA A Project Value: $82 Million Datc Completed: July 7,,20]7° " C®NTACT n .Al !Martini, PE: Hiilsborough County Project Manager 813209:3069 martinio@hillsboroughi bunty:org MALRIC0 AWWTP HEADWORKS REPLACEMENT HILLSBOROUGH COUNTY; FLORIDA PROJECT 14.2701 j ! This prai@Ct rrtVGiVcd t is "cOnsi`uGia Cf C br0^d-^e.' f eadwarl s facility rated for o 25MGD treatment facility. The structure itself i included 1;900 cubic yards of concrete hat wospoured—in-place byour•own in-house form carpenters and finishers. -The structure`s foundation was`supported with an'auger`cost pile :system that I provided a soil bearing capa.city.of 2,500 psf. The protec3 involved over 4,000 feet of 12" to.36" DI and PV, epiping `ond valves, _24" and 30" tapping sleeve & volve..Cleaning of the Primary Digester Tank. We furnished a ad.installed all new:degritting equipment, mechanical screens, slide,gates,,variable frequency drives; all i new.electrical with .concrete duct banks, ISG, grit pumping and dewotennquipment, auto=sampling equipment; raw sewage influent flow'metering and monitoring equipment ,'LED lighting YS as Well as an odor.conirol treatment facility. After :start -.up and commissioning was complete, we demolished the entire existing I l eadworks structure -and all "associoted paving, ton,crete, piping, etc. ; BL Sm+th,Electric. Dundee, FL: Electricol i r agg C2i; Inc Smyrna, OA instrumentation ' f s J TLC Di srsi le"d-Vi'o�,er.And W; s'hL.J✓`,.7tefSince 193,;i.... 182... 1 r 1. t ,i DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087, as amended from time to time, hereby certifies that TLC Diversified. Inc. does: (Name of Business) 1. Publish a statement notifying employees that the -unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (I), notify the employees that,. as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendere to any violation of chapter 893, Florida Statutes, as amended from time -to time, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance; or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the.statement, I certify that this firm complies fully with the above requirements. TLC Diversified, Inc. Bidders Signature Dalas Lamberson, Vice President May 18, 2021 Date 183 PUBLIC ENTITY CRIME FORM SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Indian River County, FL b- Dalas Lamberson Vice President (print individual's name and title) for name of entity submitting sworn statement) -whose business address is 2719 17`x' St. E.. Palmetto. FL 34221 and (if applicable its Federal Employer Identification Number (FEIN) is 59-2513308 2. 1 understand that a "public entity crime" as defined in Para. 287.133(i)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of.guilt, in any federal or state trial court of record relating to charges brought by indictment of information after July 1, 1989, as a result of a jury verdict, non! -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate as defined in Para. 287.133(1)(a), Florida Statutes means; 184 a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not.for_ fair market value under An arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint - venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Para. 287.133(1)(e),. Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies: X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate.of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing.Officer of the State of Florida, Division of Administrative Hearings and the .Final Order entered by the Hearing Officer determined that it was not in the public interest to place e entity submitting this. sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE .SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE ABOVE IS: FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. TLC Diversified, Inc. (Signature) Dalas Lamberson, Vice President Sworn to and subscribed before me this 18`t' day of May, 2021 Personally luno fn tonne. Notary Public — State of Florida Linda Kay Moore Notary Stamp: j4pre•;. UNDAKAY MOORE ? Notary Public - State of Florida Commission k GG.963661 �? or My Comm. Expires Mar 24, 2024 Bonded through National Notary Assr.. 186 Corporate Resolution April 27, 2021 RE: Authority to Sign Legal Documents TO WHOM IT MAY CONCERN: TLC Diversified, Inc. Keeping Water Moving Environmental Construction Professionals Serving the Water & Wastewater Industry CG C041816 CU C053963 TLC Diversified, Inc., being a legal Corporation organized under the Laws of the State of Florida in April, 1985, Mr. Thurston Lamberson and Mrs. Joanne R. Lamberson, and having 100% of the outstanding shares of said Corporation, owned since March of 1989, declares the following as a matter of record. Mr. Dalas Lamberson, Vice President, and Mrs. Tiffany Taylor, Assistant Secretary and Controller, shall have full power and authority to sign any and all Legal and Binding Documents, and make all commitments of whatever nature for TLC Diversified, Inc. Signed this 27th day of April, 2021 Thurston Lamberson/President Joanne R. Lam rson/Sr. Vice President Sworn to and subscribed before me, Thurston Lamberson and Joanne R. Lamberson, whom I know, this 271' day of April, 2021. 0 _ � .Yi`•Y Y UNOA'kAYMOORE F'= Notary Public • state of Florida !J Conimission # GG 963661 'esfl°� µy Comm. Expires A4ar 20, 2024 Lin a Kay 00 ry Public "Bonded throqhNational NotaryAssn. My Commission Expires: March 20, 2024 Corporate Resolution April 27, 2021 RE: Authority to Sign Legal Documents TO WHOM 1T MAY CONCERN: TLC Diversified, Inc. Keeping Wate? f;ioving Environmental Construction Professionals Serving the Water & Wastewater Industry CG C041816 CU C053963 TLC Diversified, Inc., being a legal Corporation organized under the Laws of the State of Florida in April, 1985, Mr. Thurston Lamberson and Mrs. Joanne R. Lamberson, and having 100% of the outstanding shares of said Corporation, owned since March of 1989, declares the following as a matter of record. Mr. Thurston Lamberson, President, and Mrs. Joanne R. Lamberson, Sr. Vice President, shall have full power and authority to sign any and all Legal and Sinding Documents, and make all commitments of whatever nature for TLC Diversified, Inc. Signed this 271h day of April, 2021 Thurston Lamberson/President Jo nne R. La/son/Sr. Vice President Sworn to and subscribed before me, Thurston Lamberson and Joanne R. Lamberson, whom I know, this 27th day of April, 2021. _ LINDA kAY MOORE '�P •= Notary Pa,bflc •State of Florida VA Commission C GG 963661 in a Kay oor /N ry Public ?« My Comm. Expires Mar 20, 2024 Bonded through National Notary Assn. My Commission Expires: March 20, 2024 .. --------- ...... .................. Company ID Number: 449462 E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal. contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively.. To be accepted as a participant in E -Verify, you should only .sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888- 464-4218. 'Employer TLC Diversified, Inc. ,name (Flease type or print) Halle J fine Lamberson 1 Vice -President — Verification Division (Please Type or Print) Page 11 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify :r Company ID Number: 449462 Information Required for the E -Verify Program Information relating to your Com pany: Company Name: TLC Diversified, Inc. Com an Fac ili Address: 2719 17th Street East Palmetto, FL 34221 Company Alternate Address: County or Parish: Manatee County Employer Identification Number. 59-2513308 North American Industry Classification Systems Code: Administrator: Joanne R Lamberson Number of Em to ees: so+i- Number of Sites Verified for All Job Sites Are you verifying for more than 1 site? If yes, please provide the number of sites verified for 'n each State:. State ! Number of sites Site(s) Florida -Iowa 3 -- —I r Page 12 of 13 I E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 190 Company ID dumber: 449462 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Joanne R Lamberson Telephone Number: (941) 722-0621 Fax Number: (941) 722-1382 E-mail Address: Jlamberson@ticdiversificd.com relating to the problems: rax E-mail ram Administrator(s) for your Company on policy questions or Page 13 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 191 ANNE M. G AN N O N P.O. Box3353, west Palm Beach, FL 33402-3353 "LOCATED AT" r~Lh �ii 4'CONSTITUTIONAL TAX COLLECTOR www•pbCtax.c omTel: 4 (561) 355-226, 7233 SOUTHERN BLVD B 1 ScraiagPalm Beach County Servingyou. WEST PALM BEACH, FL 33413- y 1648 TYPE OF BUSINESS OWNER CERTFcA-noN # REcEIPram-rE PAID AMT PAID I - SILL it 23-0051 GENERAL CONTRACTOR LAMSERSONTHURSTON CGCO41816 U20.544633-00M4r4 $27.50 1 84013844i� This document Is valid only when recelpted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 202012021 LOCAL BUSINESS TAX RECEIPT T L C DIVERSIFIED INC LBTR Number: 198509966 T L C DIVERSIFIED INC EXPIRES: SEPTEMBER 30, 2021 7233 SOUTHERN BLV B 1 PALMETTO, FL 34221-9314 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of Ow public. ANNE M. GANNON CONSTITUTIONAL TAX. COLLECTOR ServingPatm Reath County Serving you. P.O. Box 3353, West Palm Beach. FL 33402-3353 www.pbctax.com Tet:!(561) 3552264 "LOCATED AT" 7233 SOUTHERN BLVD B 1 WEST PALM BEACH, FL 33413- 1648, TYPE OF BUSINESS OWNER CERTIFICATION RECEIPT VMTE PAID AUT PAID Bti O x ir"rwr-cruaALCONMCTOR I LAMBERSONTHURSTON CGO041816 UZ0.544613-09114x20 5366.60 840138440 This document is valid only when receipted by the Tax Collector's Office. T L C DIVERSIFIED INC TLC DIVERSIFIED INC 7233 SOUTHERN BLV 81 PALMETTO, FL 34221-9314 STATE OF FLORIDA PALM BEACH COUNTY 202012021 LOCAL BUSINESS TAX RECEIPT LBTR Number: 199100688 EXPIRES: SEPTEMBER 30, 2021 This receipt grants the privilege of engaging in or managing any business profession or occupation within ids jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 193 —� 7C) Z o 4i {� z E L 0 O U s W Q O H m a _ m Z _ _j► N p ° N ! — 4G a d x ,, jtt "• "� %0 N w s- a v o a - Yr �'.� J= ; n/ I i Weul tii� r 3 -+ ) c� i...ca �a _ W 1Fri�� "tom ti' V V" ry 4��w , CC O jr`cn' J,s}r3�12: �,�,�z D G a LL _ r W Nt• h..� �� ,`:� 0 �0 �� rtj�C3 �� 'Z 0 ° +r c LLJ .tr I- Z Z ��4!!�, Y:� ,, - t!� p(#1 ONZ a . V Q c� — ,�' o c 3 ' f > D C i W Z - V `�" �'' r -UJ X = W Q c Zz W W> 'o 0 O W d. 0L) V tn Q•"—' (U 0 a "' 0 0 W F— w a ) a•'G K � j l 0 7C)z = ► o W E co 41 o ca Wuj � 43) muj J O H H s Z`V N aoi 4- M N N GCi rZ V I -An Q W z LLI,� „_ { TQ. /'�'} ,,, -act y un M Yc i LL- `IY. I iye4�, L V" z i�/! i F-" CL' ' ►' _ ? �} .Sm tai m o a� l Oi, 't W� f• '� { .�$"a �(0,,,,� it►�,� Sfr p� o Z 01 ( uj ► 1F j ,x y11 t"�T} iiY Z y� y_ m �1. 4-0 51 M i— J�, to � �.;�� `-�,� .�`'• 'j d a p° c x > 6L. w= ? ate` �. `4>ifrr' a l W �j O = Z Q 0 z > W O w a V o LU c Qz LnN W w ~ D Di State of Florida Department of State-, I certify from the records of this office that TLC DIVERSIFIED, INC. is a corporation organized under the laws of the State of Florida, filed on April 4, 1985. The document number of this corporation is H51364. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 23, 2020, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the. Capital, this the Twenty-third day of January, 2020 Tracking .Number: 6763584997CC "V,44- SecretaiofState To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.su n biz.orgIFilingsICertifica teOfStatusIC6rtircateA uttie nticatio n SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE South Oslo Road WTP Improvements THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2021 by and between Indian River County, a political subdivision 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 as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per Indian County Department of Utility Services (IRCDUS) standards. The work is generally described as follows: Furnish all labor and materials necessary to construct the improvements to the existing South Oslo Road Water Treatment Plant in Indian River County, Florida, including the following but not limited to the work listed herein: site preparation, demolition, drainage improvements, paving, grading, miscellaneous yard and process piping improvements, feedwater pump motor replacement, transfer pump motor replacement, four (4) 1.875 mgd nanofiltration trains, two (2) new high service pumps, chemical piping replacement, electrical equipment, instrumentation, valves, piping, WTP and wellfield PLC & SCADA system equipment, process piping trenches, painting and coatings; and all accessory items to provide a complete operating system as depicted in these documents. Additive alternates may or may not be included in whole or individually and is at the Owners full discretion. ARTICLE 2 ENGINEER The South Oslo Road WTP Improvements project has been designed by Kimley-Horn and Associates, Inc. hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Submit shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials and prepare the site. 7. Notify all utilities and other affected parties prior to initiating construction. 197 3.2 M] (b) From 61 calendar days to 760 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Furnish/Install/Construct all civil, mechanical, structural, plumbing, electrical equipment, instrumentation, and appurtenant items. 2. Successfully complete all equipment start-ups and field testing in accordance with the technical specifications. 3. Successfully complete all water quality sampling and testing in accordance with the technical specifications. 4. Coordinate with ENGINEER to obtain required regulatory clearances to place new equipment into operation. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. CONTRACTOR is herein notified that Substantial Completion requires beneficial use of all improvements including new and rehabilitated equipment. (c) From 760 calendar days to 820 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 4. Demobilize. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved.in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER seven -hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seven -hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER all expenses related to third party consultants in administering the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. 198 ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.2 Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. 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 Contract 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 the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of 199 the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 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. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530) 8.2 General Conditions (Section 00700). 8.3 Supplementary Conditions (Section 00800). 8.4 Department of Labor General Decision Number: FL20210209 05/28/2021 8.5 Notice to Proceed (Sample Provided in Section 00800). 8.6 Public Construction Bond (Section 00600) 8.7 Certificate(s) of Liability Insurance (Section 00620) 8.8 Contractor's Application for Payment (Sample Provided in Section 00800) 8.9 Certificate of Substantial Completion (Sample Provided in Section 00800) 8.10 Final Release of Lien (Sample Provided in Section 00800) 8.11 Technical Specifications bearing the title "South Oslo Road WTP Improvements" 8.12 Drawings Titled "South Oslo Road WTP Improvements" 8.13 Addenda numbers to inclusive. 8.14 CONTRACTOR'S Bid (Section 00310). 8.15 Bid Bond (Section 00410) 8.16 Schedule of Subcontractors (Section 00431). 8.17 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 200 8.18 Disclosure of Relationships (Section 00452). 8.19 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.20 General Information Required of Bidders (Section 00456). 8.21 Certification Regarding Lobbying 8.22 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions (Samples provided in Section 00800). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions, as supplemented by the Supplementary Conditions, will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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 federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable 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 construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. 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. 201 C. 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. D. 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(W-ircctov.com Indian River County Office of the County Attorney 180.1 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of 202 the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage 203 determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis - Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (E) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe 204 (2) (3) benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits 205 of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required 206 records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed 207 on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. 208 (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract, subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Rights to Inventions Made Under a Contract or Agreement. [Not Applicable) See Appendix II of Part 200, if needed. F. Clean Air Act: 209 G H (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification (s) to the awarding agency. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired - 00530 -14 210 (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. L. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and federal policies, procedures, and directives. N. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. O. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. Q. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 211 R. Domestic Preference for Procurement: In accordance with 2 CFR 200.322, Owner has a preference for the purchase, acquisition or use of goods, products or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement and other manufactured products), to the maximum extent practicable. This Agreement will be effective on . 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY M Joseph E. Flescher, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Terry Southard Title: Utility Operations Manager Contact Info: (772) 226-3404 terrysouthard@ircgov.com Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 212 Indian River County, Florida Department of Utility Services Board Memorandum Date: June 8, 2021 Departmental Item iaya To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Approval of Work Order 6 to Kimley-Horn and Associates for South County Reverse Osmosis Water Treatment Plant Construction Phase Services Background: On November 5, 2019, the Board of County Commissioners (BCC) awarded RFQ 2019070 for Professional Services for Water Plant and Water Resources Engineering Services to Kimley-Horn and Associates (KHA). On December 17, 2019, the BCC awarded Work Order No. 1 to KHA to provide design, permitting, and bidding phase services for the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Membrane and Retrofit Construction project. On October 6, 2020, the BCC approved Amendment No. 1 to Work Order No. 1, which addressed further items in the project and increased the cost by $127,252.00. HA has almost completed Work Order No. 1. On April 4, 2021 the Indian River County Purchasing Department advertised the SCRO Membrane and Retrofit Construction project and requested bids with the bid opening on May 19, 2021. Four companies submitted bids. Analysis: Staff requested KHA prepare a proposal to provide professional services to oversee the construction project due to the highly technical and logistically intensive project. Their proposal was to include: • Shop drawing review • Coordination and progress meeting attendance, and preparation of meeting minutes • Construction observations, including inspector and engineer observation • Responses to contractor requests for information and clarifications and review of substitutes • Review of change orders and changes in work directives • Major equipment start-up services and coordination with SCADA system integration • Review of record drawings based on information provided by contractors (consisting of electronic formatting, AutoCAD version 2018 in real world coordinates in .pdf format) • FDEP certification of completion of the project • Permitting support F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-South RO Plant KHA Work Order Construction Page 1 of 2 Phase Services Cmc.Doc 213 The work order is provided in accordance with the Agreement for Professional Services for Water Plant and Water Resources Engineering Services-RFQ 2019070 dated November 5, 2019. The scope is more specifically described in the attached Work Order No. 6. The total negotiated cost for the SCRO WTP Improvement Construction Phase Services Work Order No. 6 is a lump sum amount of $1,222,545.00. Funding: Funds for this project are derived from the South RO Membrane and Retrofit account in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description F Account Number I Amount South RO Membrane and Retrofit 1 47121936-044699-19503 1 $ 1,222,545.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Oder No. 6, as per the Agreement for Professional Services for Water Plant and Water Resources Engineering Services Request. for Quotation 2019070, and authorize the Chairman to execute the Work Order on their behalf to engage the services of Kimley-Horn and Associates, Inc., for the amount of $1,222,545.00. Attachments: Work Order No. 6 with KHA (7 pages) F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-South RO Plant KHA Work Order Construction Phase Services 214 Cmc. Doc AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 WORK ORDER Indian River County Utilities Department South Oslo Road WTP Improvements Construction Phase Services This Work Order Number _ is entered into as of this _ day of 202, pursuant to that certain AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this 5th day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.: IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Brian Good, P.E. Title: Principal I Director BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorn EXHIBIT #A South Oslo Rd Water Treatment Plant Improvements Construction Phase Services Work Order No. PROJECT UNDERSTANDING Kimley-Horn and Associates, Inc. ("CONSULTANT") was authorized under Work Order #1 to provide design, permitting, and bidding phase services on December 17, 2019. Following completion of design, Indian River County Utilities Department ("OWNER') plans to advertise this project for public bidding. The following scope of services provides professional engineering services in support of construction phase and startup of the improvements designed under Work Order No. 1. SCOPE OF SERVICES TASK 1— CONSTRUCTION PHASE SERVICES Consultant will provide construction phase services for this project consisting of; • shop drawing review, • coordination and progress meeting attendance, and preparation of meeting minutes • construction observations, including inspector and engineer observations • responses to contractor requests for information and clarifications and review of substitutes • review of change order requests and changes in work • major equipment start-up services and coordination with SCADA system integrator, • review of record drawings based on information provided by contractors (consisting of electronic format, AutoCAD version 2018 in real world coordinates in .pdf format), • FDEP certification of completion of the project • Permitting support (SPAD, Building) Consultant will provide support and information in preparation of the building permit application for processing for Indian River County Building Department and provide five (5) sets of signed/sealed drawings, specifications and CD for submittal. The permitting process will be initiated with the Contractor whom is awarded this project. It is assumed that only a minor site plan through administrative approval is necessary since the impervious improvements will be less than 1,500 sq ft, and that only a technical review committee (TRC) review will be required. Consultant will prepare documents and submit to the TRC for a minor site plan approval (minor) as necessary. It is assumed IRCU staff will help process the application. Consultant will review and /or take other appropriate action with respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. It is anticipated that up to approximately one hundred fifty (150) shop drawings will be reviewed, including a 2nd resubmittal of each. Consultant will review the submittals and return copies to the Contractor and Owner. K. IWPB_CivillGeneralWlacklFloridaURCClOsto WTP Construction Phase120210525 -Oslo CPS Scope.doc Page I of 6 Indian River County Utilities Department 216 Consultant will respond to a reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the Owner. Consultant may recommend Work Change Directives, or Change Orders to the Owner and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Consultant will attend a Pre -Construction Conference prior to commencement of Work at the Site and attend up to 30 monthly progress meetings at the work site, which is anticipated to be up to 24 months. The last six months of the project duration, it is assumed that twice per month progress meetings will be scheduled. Consultant will prepare meeting agenda for each monthly progress meetings. Within one week of each respective progress meeting, Consultant will prepare and distribute meeting minutes that summarize the major discussion topics from the meeting. Consultant will provide on-site construction observation services during the construction phase. It is assumed that construction contract duration will be approximately 24 months and observation will occur throughout that time frame. Consultant representative will visit the site up to two hundred and fifty (250) times during the expected anticipated 24 -month construction duration. It is assumed that the first 3-4 months of the project will consist primarily of shop drawing review and will require minimal on-site observations to be made by the Consultant, approximately weekly per month. The remaining twenty (20) months of the project require the Consultant to be on-site on a more frequent basis since the project will be under active construction. Consultant assumes this 20 -month period of construction will require approximately two to three (2 — 3) visits per week per month to observe the work for conformance with the Contract Documents. Such visits and observations by the Consultant representative are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant representative's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant's representative will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Owner informed of the general progress of the Work. Consultant's inspector will prepare field reports of each site visit describing observations witnessed during site visits. The purpose of Consultant representative's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement, and to provide the OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. K: IWPB_CivihGeneralWlacklFloridaVRCUIOslo WTP Construction Phase120210525 -Oslo CPS Scope.doc Page 2 of 6 Indian River County Utilities Department 217 Consultant will recommend to the Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. Consultant will review up to 24 contractor payment applications, including schedule of values. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will review the amounts that the Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents. Start-up of the new WTP equipment will be facilitated by the Contractor. Consultant will observe startup for the rehabilitated feedwater pumps, new RO trains, high service pumps, and miscellaneous new equipment once the installation is completed. It is assumed that up to twenty (20) days of startup and witness/functional testing will be required. Consultant will provide coordination with the SCADA system integrator and Client during equipment startup. Consultant will review and summarize startup data for new equipment prior to recommending Owner acceptance of said equipment. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with the Owner and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of the Owner, Consultant considers the Work substantially complete, Consultant will notify the Owner and Contractor. Consultant anticipates completing the following items once the project is deemed substantially complete: • Consultant will review Record Drawings and Operation and Maintenance Manuals prepared by the selected contractor. • Consultant will prepare and submit the construction completion certifications for the FDEP permit if the construction is found to be in general accordance with the plans and specifications upon completion of the improvements Consultant will review contractor furnished record drawing information and operation and maintenance manuals (O&M) as required under the certification of completion. Consultant will review the record drawings and note substantial deviations. Consultant will review and provide comments on the operation and maintenance manuals and project record drawings submitted by the contractor. Multiple punch -lists will be prepared for the items that need to be completed for final closeout of the project. Consultant will provide up to six (6) site visits with the contractor to review the status of the completion of these punch -list items. The site visits will be used to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant will also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. K: IWPB_CiviAGeneralWiacklFloridaURCUlOslo WTP Construction Phase120210525 -Oslo CPS Scope.doc Page 3 of 6 Indian River County Utilities Department 218 Consultant assumes that up to seven (7) requests for partial clearance from FDEP will be required as part of this project. Four (4) separate partial requests will be required for each RO train, one (1) partial request will be required for the new high service pumping station, and another two (2) partial requests will be submitted following completion of the ground storage tank penetrations and high service pump supply piping improvements. A request for final release of the modifications will be submitted to FDEP, consisting of certification application, pressure test results, water quality, bacteriological test results, and record drawings if the work is found to be in general conformance with the plans and specifications. TASK 2 — PROGRAMMING AND INTEGRATION Consultant will utilize the services of Control Systems Design, Inc. to provide the programming, integration and develop Human Machine Interface (HMI) screen interfaces. Contractor to migrate all HSP controls from the existing main PLC5 and other PLC5 remote input/output (RIO) panels to the CLX PLC and other standalone panels, Consultant will make any PLC modifications, test and verify all operations. Consultant will modify the existing Lime Slurry Control panel to upgrade the MicroLogix PLC with ControlLogix hardware and migrate the PLC logic into the Main PLC and turn this panel into remote 1/0 to the Main PLC. Consultant will upgrade the existing Well 4 and Well 7 control panels to replace the ControlLogix hardware with CompactLogix L306ER PLC hardware and migrate well 4/7 over ethernet to the CLX PLC via the new RIO LAN switch. Consultant will migrate each well into the Main PLC panel PLC as it is upgraded to a PLC panel utilizing a CompactLogix PLC as was done for Wells 4 and 7. Wells will remain controlled via the hardwired connection to the plant RIO panels and serial communications for level/flow to the PLC5 processor until all wells have been upgraded with a new panel provided by the hardware integrator. At that point, the existing PLC5 in the main PLC will be removed and a cold backup ControlLogix processor / rack will be installed. Contractor will migrate non -train PLC -5 RIO panel, if this rack in the main panel is still necessary. Consultant will upgrade the non -train SLC5 RIO CP -1, 2 & 3 to ControlLogix RIO panels, move all programming to the new CLX processor in the Main PLC panel, along with a new RIO network switch. Operations will be converted as quickly as possible and coordinated to minimize down time. Consultant will migrate each new train RIO panel provided and installed by the contractor into the CLX PLC, abandoning the existing main PLC RIO panels out at the trains as each existing train is updated. When complete, demolish the existing two RIO panels and remove all connectivity to the system and power. Consultant will continue programming and tweaking of various systems startup together and after completion of the above with system cleanup and final testing. Consultant will migrate new HSPs 4 & 5 controls into HSP PLC, which is to be constructed under a separate contract. K: IWPB_CivillGenerallBlacklFloridaVRCUIOslo WTP Construction Phase120210525 -Oslo CPS Scope.doc Page 4 of 6 Indian River County Utilities Department 219 Consultant will perform programming for new membrane CIP system, new caustic tank and new CO2 tank TIME SCHEDULE Consultant anticipates construction duration of twenty-four (24) months will be required. FEESCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services — RFQ 2019070, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant'). The Consultant will provide professional services on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Construction Phase Services $ 865,774 Task 2 Programming and Integration $ 356,772 Total Lump Sum Fee -- $ 1222,545 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Construction phase services beyond what is described herein • Re -design or integration beyond what is listed K: IWPB_CivillGeneral0lacklFloridaURCUIOslo WTP Construction Phase120210525 -Oslo CPS Scope.doc Page 5 of 6 Indian River County Utilities Department 220 N N Vl 01 l� O M �O O 0, O N kn m �O C7, V h0 C� V 1� W oo 000 N r l� Q 609 d b 6M 9 N l� M N ywy O �oo} 69 6N9 6M9 66q 69 69 66 69 69 � 69 N j i t F tfi I �I'o O D\ W �O � oo rl. p C) i N Q9 69 � IA 69 Gm9 69 � 6N9 69 6N9 6�9 69 I 69 fel 1 � Obi — 22 O V N V' O N V N N o7 00 �O N O Z Z W $ V S (V0 0 NZI— Z I (N W !jt{ Lu O N N O N Q V p V' V N 2 N V W o0 ooC' 00 N 7 _ F til N d Q 5 ai O o F W f cl? 2 a v U � s> O F ro o .y o c o u 0 3 ti x 5 O Qcl F O •n° i ai 5 o ccomf a e h a F� 3 to � 3 og d o o ! y.o Q a O c��i 3 c N U' a c cn 2)=_ x iL a¢ a d U aU n U 11 1 I � N m cI I ITI'll0 I I III I I I I I I I N N SWDD Item �S Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 8, 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 Subject: Approval for Temporary Off -Site Disposal of Concentrated Leachate Descriptions and Conditions: On May 18, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to explore options for off-site disposal of concentrated leachate since the West Regional Wastewater Treatment Plant (WRWWTP), operated by the Indian River County Department of Utility Services (IRCDUS), was not able to process this material. Staff has explored several options and has determined that renting storage tanks to remove the concentrated leachate and then using tanker trucks to transport this material off-site for at least the next six months is the best approach. Analysis: Staff has obtained a quote from Rain for Rent for two 21,000 gallon storage tanks, including spill containment and miscellaneous equipment for temporary storage, and a pump to remove the concentrated leachate: The rental cost is $5,628.88 per month; however, the setup and removal cost has a separate one-time cost of $3,532.00 each. The total six-month rental cost is $40,837.28. Staff has also obtained a quote from Aqua Clean, Inc., which has offered to transport the concentrated leachate in 6,000 -gallon tanker trucks at a price of $0.11 per gallon and dispose at a permitted treatment facility at a cost of $0.10 per gallon. Staff conservatively estimates that three tankers, or 18,000 gallons per day for five days per week, would be needed over the next six months (24 weeks). This equates to an approximate cost for transportation and disposal of $453,600.00. There may be some miscellaneous piping connections needed to bring the concentrated leachate a short distance from its current location to the storage tanks. Staff estimates $25,000 for labor and materials for this work. Overall, the total six (6) month cost for this project is estimated to be $519,437.28; however, the costs for this fiscal year are estimated to be approximately $260,000. Staff will recommend $319,432.28 be included with Fiscal year 2021-2022, as needed, to provide temporary leachate treatment until the evaporator system is commissioned and operational. SWDD Agenda - Approval for Off -Site Disposal of Concentrated Leachate Page2zz SWDD Item Funding: Funding for the SWDD leachate treatment will need to come from the SWDD Other Contractual Services account, which is funded from SWDD assessments and user fees. The account has a total available balance of $509,451.95 for the 2020/2021 fiscal year. Description Account Number Amount Other Contractual Services 41121734-033490 $260,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to waive the requirement for bids and authorize the Purchasing Department to issue purchase orders to Rain for Rent and to Aqua Clean for a six-month project to collect, transport and dispose of concentrated leachate. Attachments: Quotation from Rain For Rent Quotation from Aqua Clean SWDD Agenda - Approval for Off -Site Disposal of Concentrated Leachate Page3 1027 -IND -962104 Quotation Developed Especially for: Himanshu Mehta Indian River County- Solid Waste Disposal 1325 74th Avenue SW Vero Beach, FL 32968 Phone: 772-238-6391 Prepared) on 6/8/2021 by: David Gilmer Cell: 205-388-3908 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 www.rainforrent.com Printed 6/8/2021 8:12 AM Page 1 of 8 224 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason. without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. Rental/Sale Quotation Atlanta www.rainforrent.com 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 Prepared By: David Gilmer Customer: Indian River County- Solid Waste Disposal Customer ID: 7092248 Address: 1325 74th Avenue SW City/State: Vero Beach, FL 32968 Contact: Himanshu Mehta Office: 772-238-6391 Fax: Job Description: Tanks, Spill Containment and hoses to manifold tanks together to store Leache.Customer will be responsible for ensuring equipment has been empty, washed out, free of debris and liquid prior to release and pick up. Location: Vero Beach,FL. Rental Sub Total: $5,628.88 Sub Total: $5,628.88 Recommended Optional Items - Rental: $0.00 Est. Delivery Hauling $0.00. Recommended Optional Items - Sales: $0.00 Est. Pick-up Hauling $0.00 Does not include sales tax Accept/Decline: Est. Install Labor $3,532.00 Initial: Est. Removal Labor $3,532.00 By checking Accept and initialing customer is acknowledging that the additional Est. Services $0.00 cost for the above items will be added to the grand total. Est. Air Quality Fee $0.00 Est. Rev Air Quality Fee Est. Enviro Recovery Fee -$0.00 $168.00 Rental Protection - RPP: $788.04 Est. Rev Enviro Recovery Fee -$0.00 ( Does Not Include Sales Tax ) Date Prepared: 6/8/2021 Customer Date Grand Total: Valid Until: 7/8/2021 By signing this quotation, customer represents that he/she has read and agreed to both the Statement of Work and Scope of Agreement sections, and is also agreeing to the grand total amount listed above, plus any recommended optional items if checked and initialed. If customer requires a Purchase Order number to process and submit payment, it must be supplied to Rain for Rent at the time of acceptance of this quotation. Please insert Purchase Order number here: Rental Protection Plan I have received and reviewed the Rental Protection Plan Agreement incorporated as the last page of this estimate. By initialing this paragraph, I understand that I am agreeing to enter into and be bound by the terms of the Rental Protection Plan Program Agreement and that I am authorized to enter into this Agreement on behalf of Customer. FOR ALL RENTALS OF EQUIPMENT, EXCEPT THOSE SPECIFICALLY EXCLUDED, YOU MAY EITHER SHOW PROOF OF PROPERTY INSURANCE IN ACCORDANCE WITH INSURANCE REQUIREMENTS AND RENTAL AGREEMENT, OR PURCHASE THE RENTAL PROTECTION. THE PURCHASE OF THE RENTAL PROTECTION PLAN FOR RENTALS OF EQUIPMENT IS NOT MANDATORY AND MAY BE DECLINED IF YOU HAVE PROOF OF ALL RISK PROPERTY INSURANCE AS REQUIRED BY CONTRACT. Initial here: Printed 6/8/2021 8:12 AM Page 2 of 8 225 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. Rental/Sale Quotation :o Atlanta www.rainforrent.com 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 Materials: Leache *Rain for Rent Cycle = 28 Days. This quotation has not been flagged as PREVAILING WAGE. Rental Items Qty Unit Duration Item Description Day Week *Cycle Extension 2 Each 28 Da +560205 Tank Bilevel Uncoated $34.00 $1,904.00 2 Each 28 Day 725882 Gauge Tank Clock W/Drop Tube Float $4.48 Return hauling from Vero beach to Lakland FL $0.00 $250.88 2 Each 28 Da +670555 S ill uards 10'X50'X1 $24.00 $1,344.00 1 Each 1 *Cycle +811010 Pump Trash 4" DV100 SD $226.54 $407.78 $1,101.00 $1,101.00 1 Each 1 *Cycle 325309 Adapter 4" Bauer Ball x Flange GALV $8.00 $8.00 $21.00 $21.00 2 Each 1 *Cycle 325317 Adapter 4" Bauer Socket x MNPT GALV $8.00 $8.00 $21.00 $42.00 1 Each 1 *Cycle 325710 Tee 4" Bauer Inlet GALV $14.07 $14.07 $38.00 $38.001 1 Each 1 *Cycle 325313 Tee 4" Bauer GALV $14.07 $14.07 $38.00 $38.00. 2 Each 1 *Cycle 325316 Adapter 4" Bauer Ball x MNPT GALV $8.00 $8.00 $21.00 $42.00 6 Each 1 *Cycle 722888 Hose 4"x20' HD Tank Truck Bauer $39.00 $39.00 $106.00 $636.00 2 Each 1 *Cycle 722934 1 Hose 4"x20' HD Tank Truck Camlock 150# $39.00 $39.00 $106.00 $212.00 Rental Sub Total: $5,628.88 Sale Items Qty Unit Item Description Unit Price Extension 2 Each M240 Delivery hauling from Lakland fl to Vero beach $0.00 $0.00 billed at $215 per hour portal to portal 2 Each M240 Return hauling from Vero beach to Lakland FL $0.00 $0.00 billed at $215 per hour portal to portal Sale Sub Total: Sub Total: $5,628.88 Printed 6/8/2021 8:12 AM Page 3 of 8 226 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrenl.com. Thank you. Rental/Sale Quotation Atlanta www.rainforrent.com 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 Statement of Work Background: Tanks, Spill Containment and hoses to manifold tanks together to store Leachate. Customer will be responsible for ensuring equipment has been empty, washed out, free of debris and liquid prior to release and pick up. Scope: Rain for Rent will deliver, rent, install, remove and pick up the items requested by customer. Customer will be responsible for ensuring equipment has been empty, washed out, cleaned, free of debris and liquid prior to release and pick up. RFR will provide 2 tanks with containment and level gauges to be manifolded together on front and back. RFR will provide a 4" flange connection on the back of the tanks for customer to tie their pipe too. On the front of the tanks there will be a manifold together with a 4" pump to pull from the tanks to pump into a tanker truck. Pumps will be delivered with 3/4 tank of fuel if pumps are returned with less than 3/4 of a tank a fuel charge will be added to the final invoice. Quote rate is based off a 6 month rental. If rental is less then 6 months all rates will be billed at normal rates. Operating Parameters: Rain for Rent has provided this proposal for equipment as requested and without design criteria or requirements. Estimated Duration: For the quoted items, Rain for Rent requires a signed quote not less than 10 days prior to delivery. Rain for Rent Responsibilities: Provide labor and equipment necessary to perform one (1) unimpeded delivery & return trip per tank to site. Customer Responsibilities: - Provide all needed cleaning and flushing of tank prior to pick up. - Ensure that the application of this system does not damage nearby structures or cause negative impacts to the environment either directly or indirectly. - Provide suitable, safe access and laydown location for the equipment being delivered. Tank delivery requires DOT minimum height / width clearance. - Protect equipment from damage and malfunction due to temperature or any substance that will cause corrosion, damage or leakage. - Provide traffic control if required. Rain for Rent Exclusions: - All design input and services. This system is provided as per customer provided information. - Compliance with unknown discharge requirements. Equipment availability is not guaranteed if equipment is not available at time of order additional freight charges could apply and will be quoted at that time." Printed 6/8/2021 8:12 AM Page 4 of 8 227 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. Rental/Sale Quotation Atlanta www.rainforrent.com 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 Additional Information: Rain for Rent has put the following Standard Operating Procedures in place to protect our customers and all involved in the rental of a tank. They are required without exception. Upon delivery • Please inspect the tank for function and cleanliness. • You have the option to have the tank Pre -cleaned at your expense. • You have the option to refuse the tank if it is found to be Unsatisfactory. (We would appreciate the opportunity to rectify the issue) • Once you take delivery of the tank it is "as is" and you have accepted responsibility to return the tank in the condition described below. Unsatisfactory. (We would appreciate the opportunity to rectify the issue) Once you are finished; The tank must be empty and clean PRIOR to release from rent. This includes the Inside of the tank. The exterior of the tank and all piping inside and outside of the tank. • We ask that all hatch doors, fill tube caps and valves must be opened by the customer for inspection. • Rain for Rent personnel will not open a hatch or valve once the tank has been in Your possession. This is for obvious safety reasons as we cannot safely determine the state of the tank without unfettered access. An accidental product release is in no ones best interest. • If you leave the site before the tank/s can be picked up please leave the. hatches Un- bolted but closed to keep potential rain water from entering the tank. • A dry run charge is likely if an inspection cannot be performed. • The tank must be free from product inside and out. Clean means: free from residual product and debris. No liquid, solids or residue Should be present in the tank - a visual inspection will be performed by the driver along with your personnel if they are available. Note: We highly recommend I hat you have a representative on site during the inspectionl. Tanks found to Printed 6/8/2021 8:12 AM Page 5 of 8 228 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. Rental/Sale Quotation Atlanta www.rainforrent.com 2330 Burnt wood Dr' Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 be in any other condition by the Driver will not be picked up - a dry run charge will be likely. Every attempt will be made to contact you to remedy the situation. If you do not agree with the driver's Assessments of the tank condition please call the office or your salesman. Our drivers are only doing their jobs as they are told. To Release the tank please call 678-594-6601 for a release number - this is your protection as proof of the call to stop rent. We appreciate your business! Printed 6/8/2021 8:12 AM Page 6 of 8 229 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrenl.com. Thank you. Rental/Sale Quotation Atlanta www.rainforrent.com 2330 Burnt Wood Dr Kennesaw GA 30152 Phone: 678-594-6601 Fax: 678-594-6605 Quotation Number: 1027 -IND -962104 Scope of Agreement If Customer has entered into a Master Service Agreement with Rain for Rent and there is a conflict between the terms and conditions of this Scope of Agreement and the Customer's Master Service Agreement, then the terms and conditions in the Customer's Master Service Agreement signed by Rain for Rent will prevail. Availability of products and services is subject to change without notice. The rental period begins the day the equipment is delivered and continues until returned to originating Rain for Rent facility unless agreed to in Writing before the rental period begins. A Cycle is defined as 4 weeks or 28 days which is our standard billing period. The weekly and/or daily rate for equipment quoted will be listed in the products grid when products are eligible for less than cycle rates. Payment terms are net 30 days from invoice date. Interest at the rate of 18% per year shall be charged on any past due invoice. A Fuel Surcharge will be calculated and invoiced based on the diesel fuel price as published by the Department of Energy on https://www.eia.gov/petroleum/gasdiesel An Environmental Recovery Fee shall apply to all rental charges invoiced for the duration of the rental pursuant to this quote/Estimate to help offset direct and indirect costs associated with regulatory compliance, obtaining permits, and obtaining licenses. California Air Quality Fee will be added to the cost of diesel pumps used in California only. This is a State mandated fee. Customer is prohibited from deducting retention from Rain for Rent invoices and charging Rain for Rent liquidated damages. Customer is responsible for flushing and cleaning tanks, roll off boxes, pipelines, pumps, filters and other Rain for Rent equipment prior to return unless specifically agreed to by both parties in writing. The Terms and Conditions of the Rain For Rent Rental and Acute Hazardous Waste Agreements, Credit Application/Master Rental & Sales Agreement, Invoice and this Quotation (also known as the Rain for Rent Rental/Sale Estimate as may be referenced in any Master Service Agreement, Blanket Purchase Order, or any other contractual document executed between the parties) contain the complete and final agreement between Rain For Rent and Customer and no other agreement in any way modifying or adding to any of said Terms and Conditions will be binding upon Rain For Rent unless made in writing and signed by a Rain For Rent Corporate Officer or Rain for Rent authorized representative. The Customer cannot alter the equipment without Rain for Rent's prior written approval. Customer is responsible for equipment, repairs, maintenance and damage, excluding normal wear and tear or damage caused by Rain for Rent. All returned equipment is subject to inspection by Rain for Rent personnel. Damages and accrued rent will be invoiced to Customer while equipment is out of service for repairs. The Customer is responsible for damage caused by reactive, corrosive or abrasive material; including, but not limited to sand, sodium hydroxide, chlorine, and acids. Customer must notify Rain for Rent immediately of any spill so that any necessary repairs to the system can be made and to minimize service interruption. The Customer assumes all risks of loss due to operation and use of the equipment. Customer will provide "all risk" property insurance for rented equipment. Customer shall pay Rain For Rent additional expenses caused by unforeseen or changing conditions, including, but not limited to, soil, underground conditions, rock formations, environmental conditions, weather events, regulations or restrictions, hard pan, boulders, cesspools, gas lines, water lines, drain pipes, underground electrical conduits or other above ground or underground obstructions. All equipment rented or used products sold are provided "AS IS, WHERE IS" in their present condition. Rain for Rent makes no warranties, expressed or implied of any kind whatsoever with respect to the equipment or products. Customer agrees that customer is renting equipment or purchasing used products based on their judgment and evaluation, without reliance upon any statements of representations by Rain for Rent, and that Rain for Rent is not responsible for any defects in their operation or for any repairs, parts or services, unless otherwise noted. All new products sold are provided without warranty beyond the terms of such warranty offered by the manufacturer, if any. Customer must comply with all original manufacturer's terms and conditions for any warranty claims that may arise. Neither Rain for Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer's operating instructions. Products supplied by Rain for Rent are warranted to be free from any defect in workmanship and material under conditions of normal use and service. Rain for Rent's obligation under this warranty is limited to replacing or repairing at the designated manufacturer's or Rain for Rent facility any part or parts returned to it with transportation charges prepaid, which Rain for Rent determines in its sole discretion to be defective. This Quotation excludes any additional costs to Rain for Rent associated with Owner Controlled Insurance (OCIP) or WRAP insurance programs that will be added to Rain For Rent's prices. De -watering, Roll -off, Vacuum boxes and similar equipment are not liquid tight. Rentee accepts full responsibility for all losses, damages and costs caused by or arising out of spills; leakage or discharge from this equipment. Rain for Rent will not be held liable for any structural or soils subsidence. This Quotation is valid for 30 days and is subject to credit approval. Rain for Rent will take every effort to protect our customers and employees. Due to the current pandemic, all quoted equipment and services are subject to delay, change, or unilateral cancelation by Rain for Rent. Please be assured every effort will be made to execute the quote as written. The customer is responsible to inform Rain for Rent of any jobsite hazards, precautions, or entry requirements relating to the Corona Virus prior to Rain for Rent personnel going onsite to perform work or deliver equipment. This includes informing Rain for Rent if anyone at the jobsite has tested positive and provide a list of actions taken to protect Rain for Rent personnel. Printed 6/8/2021 8:12 AM Page 7 of 8 230 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. RENTAL PROTECTION PLAN PROGRAM AGREEMENT If you elect to maintain All Risk Property Insurance coverage, and the certificate of insurance You provide to Rain for Rent to evidence Your insurance coverage expires or is cancelled for any reason, You agree Rain for Rent may charge RPP for Your rentals until such time as You provide an acceptable and valid certificate of insurance to Rain for Rent. This Rental Protection Plan Program Agreement (this "RPP Agreement") is entered into between the undersigned Rentor and Rentee in relation to the Master Rental and Sales Agreement (MRSA) between Rentor and Rentee. If Rentee has checked or initialed, as applicable, the Rental Protection Plan Program (the "RPP Program") box on the quote, then Rentee has opted -in to the RPP Program and this RPPP Agreement shall supplement the MSRA whether or not executed by Rentee. Rentee understands and agrees that the RPP Program is not insurance and that the RPP Program provides only limited coverage, as described below. 1. Cost; Deductible; Maximum Coverage; Rentee shall pay a fee equal to 14 percent (14%) of the rental charge for each covered item, which fee shall be listed on each invoice during which period Rentee has opted to participate in the RPP Program. In the event of a Covered Occurrence, as defined below, Rentee shall further be responsible for the lesser of $500 or 10 percent (10%) of the total loss, as a deductible. The maximum coverage available under the RPP Program is $150,000 per Covered Occurrence, whether or not there is more than one piece of equipment involved in the occurrence. 2. Coverage; The RPP Program provides coverage only for losses involving Covered Equipment, as defined below, in the following instances: fire that was not caused by Rentee's gross negligence or willful misconduct; theft for which a police report was filed, and that occurred despite Rentee's reasonable precautions to protect and secure the covered equipment; and vandalism for which a police report was filed (individually, "Covered Occurrence," and collectively, "Covered Occurrence"). The RPP Program provides coverage only for the following types of equipment: pumps, electric submersible pumps, tanks, generators, light towers, filtration, boxes, heaters, spillguards, safety products, sprinklers, hoses, pipe, valves and fittings ("Covered Equipment"). Coverage does not extend to any equipment not owned by Rentor such as re -rented equipment. 3. Exclusions; The RPP program does not cover any equipment or event of loss that is not specifically described in Section 2. Without limiting the foregoing, the RPP Program does not provide coverage for the following: misuse of equipment; willful abuse of equipment; failure to maintain equipment; failure to secure items from theft (including but not limited to failing to store items in a fenced, locked area or failing to maintain personnel on site); damage or theft while in transit to or from a jobsite; corrosion from any source; any damage caused by named storm events; any instance that occurs while the account is not in good standing, such as a default as defined in the MRSA or upon written notice of non-payment; and any occurrence not reported to Rentor within 24 hours after the occurrence. The RPP program does not provide coverage for: electronic equipment (controls, instrumentation, and wiring), flow meters, water meters, wheel wash systems & accessories, Freezesentry items, or tires. 4. Claims; All claims must be submitted within 24 hours of the Covered Occurrence. Rentor's mechanic will inspect the equipment following any claim. The mechanic's findings as to the cause of the damage and cost of repair will be final. In the event of a theft or vandalism, Rentee must also provide supporting evidence that the site was secured at the time of loss. Printed 6/8/2021 8:12 AM Page 8 of 8 231 Quotation 1027 -IND -962104 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated, duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/Rain for Rent. If you have received this information in error, please immediately contact us at return@rainforrent.com. Thank you. Himanshu Mehta From: Robert Torok <BTorok@shamrockenviro.com> Sent: Monday, May 17, 2021 10:54 AM To: Himanshu Mehta; Michael Zellars Subject: Leachate disposal CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Himanshu Aqua Clean Environmental is pleased to provide the following quotation concerning the disposal of your leachate at our Tampa facility. Aqua Clean is a water treatment facility that provides total turnkey operations if needed. Project Understanding Indian River County has leachate that they need disposal of. A sample was obtained. 2 loads per day is the estimated quantity. Indian River would supply all hoses and fittings to pump into tankers. Indian River would supply the pumping system to load the tankers Quotation Indian River would have to supply a pump if Aqua Clean hauls that can load a tanker (6000 gallons) in under 30 minutes Disposal Water delivered to Aqua Clean Tampa $0.10 per gallon (water only) If solids should be delivered they would be surcharged at $0.60 per gallon Transportation If Aqua Clean should haul cost to transport would be $0.11 per gallon. (6000 gallon minimum) This quotation is based on the chemistry of the water provided Aqua Clean appreciates this opportunity and if you should have any questions feel free to contact the undersigned at 863-712-6631 Sincerely Robert Torok Sales manager Get Outlook for iOS 232 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 7, 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: Change Order N0.1 to SCS Field Services for Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project (Bid #2021006) Descriptions and Conditions: On February 9, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid #2021006 for the construction of the Landfill Segment 3 Cell 1 Landfill Gas System Expansion to Sterns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Field Services. The grand total bid award for the project was for $1,068,510.00, which included $96,810.00 in bid contingency and bid alternative. SWDD utilized CDM Smith to provide the initial Phase 1 design, permitting, and bidding assistance for this project in accordance with the approved Work Order No. 2 dated May 19, 2020, in the amount of $199,810. The Phase 2 construction services was also authorized by the SWDD Board on February 9, 2021, to CDM Smith as Amendment No. 1 to Work Order No. 2 in the amount of $139,190, for total engineering costs of $339,000. Staff requested additional items through CDM Smith to optimize the capture of gas. Staff requested the consideration for the installation of four additional landfill gas wells and extension of the side slope collectors in the form of horizontal wells. Also, in order to address perched leachate issues in Cell 2, SCS Field Services was requested to perform video and jet cleaning of the existing collection system. Finally, the upsizing of the existing condensate piping was requested in order to accommodate higher leachate pumping in Cell 1. CDM Smith has reviewed, approved, and recommended the attached Change Order No. 1 to SCS Field Services (Attachment 1). Analysis: Given the recent approval of the 2nd Amendment to the Landfill Gas Agreement to the Indian River Eco District, LLC, which requires a target of 1,150 standard cubic feet per minute (scfm) of landfill gas and the fact that we are currently at an average of 500 scfm, staff requested additional vertical and horizontal gas well screens to increase the total output production of our landfill. Also, with the leachate continuing to be a challenge in hindering gas production, steps are recommended to remove the leachate from the landfill as efficiently as possible. 233 SWDD Agenda - Change Order No. 1 for Segment 3 Cell 1 Landfill Gas Expansion Project (Bid No. 2021006) Page 1 of 2 SWDD Item Based on the detailed cost proposal from SCS Field Services and the recommendation from CDM Smith, the total value of this change order is $145,409. There is $96,810 in the contract contingency with a net contract increase of $48,599. There is no increase in contract times associated with this change order. Funding: The Segment 3 Cell 1 Landfill Gas Expansion project is considered a "closure activity' and, as such, is funded from an escrow account long established per FDEP requirements. Total Base Bid — SCS Field Services $ 968,100.00 Construction Contingency (10%) $ 96,810.00 Bid Alternative $ 3,600.00 Total Construction Costs $1,068,510.00 Net Change Order No. 1 $ 48,599.00 Total Construction Costs $1,117,109.00 In the current Fiscal Year (FY) 2020/21, we have budgeted $2,500,000 for the Segment 3 Cell 1 Landfill Gas Expansion project with an approved contract amount of $1,068,510.00 with SCS. At this time, we are requesting an addition $48,599.00 to cover the funds needed in excess of the contingency for Change Order No. 1. BID NO. 2021006 AWARD TO SCS FIELD SERVICES DESCRIPTION ACCOUNT AMOUNT Accrued Closure—[, II & Infill 411-239006 (Escrow) F$48,599.00 Recommendation: Staff recommends that its Board approve the following: a) Approve Change Order No. 1 to Bid No. 2021006 to Sterns, Conrad, and Schmidt Consulting Engineers, Inc. dba SCS Field Services, of Reston, Virginia, for the Segment 3 Cell 1 Landfill Gas System Expansion project in the amount of $48,599 for a grand total of $1,117,109.00. b) Authorize the Chairman to execute the same. ATTACHMENT: 1. CDM Smith recommendation letter and Change Order No. 1 234 SWDD Agenda - Change Order No. 1 for Segment 3 Cell 1 Landfill Gas Expansion Project (Bid No. 2021006) Page 2 of 2 Smith 1701 Highway A 1 A, Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 May 28, 2021 Mr. Himanshu Mehta; P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject:. ndian River County Solid Waste Disposal District. Segment 3 Cell 1 Landfill Gas System Expansion RC.Contract No.: 2021006 Change Order No. 1- Leachate and Landfill Gas System Expansion Dear Mr. Mehta: Transmitted herewith is an electronic copy of the Change Order No.1 which increases SCS ield Services'.scope of work to add four new LFG wells, remediate a perched leachate issue in Cell 2, video and jet cleaning of the leachate collection system in Cell 2 and upsizing the condensate piping to accommodate higher pumping rates in Cell 1. The total value of this change order is $145,409. There is $98,810 in the contract contingency with a net contract increase of $48,599. There is no increase in contract times associated with this change order. We trust the enclosed is sufficient for your review and the Board's approval. If you need any additional information or clarification, please do not hesitate to contact our office. Sincerely, 44411�2e�� Martin J. Lewis, P.E., BCEE Project Manager CDM Smith Inc. MJL/jj Attachment ile: PW_PL1 6706-250111.05.06.70.CO No.1 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith uy Lewis, SCS ield Services 235 WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES 0 2020 CDM Smith All Rights Reserved CHANGE ORDER 6706-256111 November 2020 No. 1 PROJECT Segment 3 Cell 1 Landfill Gas System Expansion -IRC BID NO. 2021006 DATE OF ISSUANCE May 27, 2021 EFFECTIVE DATE June 8, 2021 OWNER Indian River County Solid Waste Disposal District (Indian River County Board of County Commissioners) OWNER'S Contract No. 2021006. CDM Smith Project No. 6706- 250111 CONTRACTOR SCS Field Services, Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description: Leachate Remediation in Cell 2 and expansion of vertical wells and increase condensate flow piping Reason for change order: Requested by owner. Attachments: (List documents sunnorting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $1,068,510 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 Das or dates Net changes from previous Change Orders Net change from previous Change Orders NoN/A to No. No.N/A to No. $ N/A days Contract Price prior to this Change Order Contract Time prior to this Change Order $1,068,510 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 48,599 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $1.117,109 Substantial Completion: September 15, 2021 Ready for final payment: October 15, 2021 Days or ate RECO APPROVED: ACCEPTED• By: By: By: ENG EER (Authorized Signature) OWNER (Authorized Signature) CON C uthorized Signature). Date: 5/28/2021 Date: EJCDC No. C-800 (2007 Edition) Prepared by the Engineers Joint Contract Documents Class I Landfill Segment 3 Cell 1 Landfill Gas System Expansion Indian River County, FL Date: 5/28/2021 Committee and endorsed by The Associated Supplementary Conditions 00860-31 Issued for Bid 236 © 2021 CDM Smith All Rights Reserved Indian River County Solid Wast Disposal District Segment 3 Cell 1 Landfill Gas System Expansion Schedule of Bid Items Change Order No. i SCS FIELD SERVICES with Alternate Bid Item Included. Item (Note 1) Unit Estimated Quantity (Notes 6,7) Unit Price Total 810 ITEMS: App Date 1. SEGMENT 3 CELL 1 LANDFILL GAS SYSTEM EXPANSION Through IA. Site Work a. Site Preparation L.S. 1 $2,600 $2,600 b. Landfill Gas Collection Piping Installation (Note 3) bA. 24 -inch SDR 17 HDPE Solid Pipe and Fittings L.F. 170 $135 $22,950 b.2.18 -Inch SDR 17 HDPE Solid Pipe and Fittings LF. 930 $78 $72,540 b.3.12 -Inch SDR 17 HDPE Solid Pipe and Fittings L.F. 520 $45 $23,400 b.4.8 -inch SDR 17 HDPE Solid Pipe and Fittings L.F. 170 $38 $6,460 bS. 6 -inch SDR 17 HDPE Solid Pipe and Fittings L.F. 1,900 $33 $62,700 b.6.4 -inch SDR 17 HDPE Solid Pipe and Fittings L.F. 320 $30 $9,600 c. Vertical Extraction Well (Note 4) V.F. 1,050 $123 $129,150 d. Sideslope Collector d.l. Sideslope collector 40 mil textured HDPE geomembrane S.F. 12,000 $0.68 $8,160 d.2. Sideslope collector 6 -inch SOR 11 HDPE solid pipe and fittings in rock Note 5 L.F. 200 $71 $14,200 d.3. Sideslope collector 64nch SDR 11 HDPE solid pipe and fittings in common fill (Note 5) LF. 3,000 $14 $42,000 dA. Sideslope collector 6 -inch SDR 11 HDPE perforated pipe and fittings In rock Note 5 LF. 3,000 $67 $201,000 e. Landfill Gas Appurtenances and Fittings e.l. Well Head Ea. 38 $950 $36,100 e.2. Miscellaneous Valves and Fittings L.S. 1 $45,200 $4S,200 e.3. Access Riser with Femee Blind Flange Cap Ea. 12 $1,200 $14,400 eA. Zone Valve Ea. 6 $9,200 $SS,200 f. Compressed Air and Force Main Piping, Fittings, Valves, and Ancillary Components IA. 2 -inch SDR 11 HDPE Compressed Air & Condensate Force Main Pipe (same trench as LFG pipe) (Note 3) Lf. 3,400 $9 $30,600 f.2. 2 -Inch Compressed Air and Force Main Valves Assembly Ea. 6 $690 $4,140 f.3. Well Dewatering Pump Assembly Ea. 14 $5,900 $82,600 f.4. Well Dewatering Pump Installation Ea. 14 $500 $7,000 g. Miscellaneous LS. 1 $19,200 $19,200 10. Survey (Note 8) L.S. 1 $30,500 $30,500 TOTAL BID ITEM 1 $919,700 2. PUBLIC CONSTRUCTION BOND AND INSURANCE (TOTAL) L.S. 1 $10,4001 $10,400 3. MOBILIZATION AND DEMOBILIZATION (TOTAL) (Note 21 L.S. 1 $38,000 $38,000 4. CONTINGENCY ALLOWANCE (10% of sum of Bid Items 1, 2, and 3) I.S. 1 $96,810 $96,810 4.A. Change Order No. 1 $145,409 4.A.1 Remedlate Leachate drainage in Cell 2 Billing Rates NTE $19,644.00 $19,644 4A.2 Florida let Clean - Video leachate collection system IS 1 $2,7501 $2,750 4.A.3 Florida Jet Clean - Jet Clean leachate collection system LS 1 $2,475 $2,475 4A.4 Extend LFG Collection horizontal Collectors LF 600 $61.80 $37,080 4.A.2 Extend LFG Additional Vertical Wells LF 300 $123 $36,900 4.A.2 Increase Condensate Force Main Plpeing 64nch (lAbS) LF 720 $33 $23,760 4A.2 Increase Condensate Force Main Pipeing 44nch (1Ab6) LF 760 $30 $22,800 Net Change Order No.,1 (Total Change Order 1- Contingency) -',}•yy�'$48,599 GRAND TOTAL BASE BID $1,064,910 S. ALTERNATE BID ITEM I- ACCESS RISERS WITH BLIND FLANGE CAP Note9 Ea. 12 $300 $3,600 GRAND TOTAL CONTRACT VALUE $1,068,510 Change Order No. 1 $48,599 Grand Total After Change Order No. 1 $1,117,109 237 6706-250111 January 2021 Environmental Consultants & Contractors May 18, 2021 Martin J, Lewis, P.E., PMP Project Manager CDM Smith Inc. 1701 Highway A -1-A, Suite 301 Vero Beach, FL 32963 Subject: Indian River County Solid Waste, Segment 3 Cell 1 LFG System Expansion IRC Bid No. 201006, Request for Change Cost Proposal Dear Mr. Lewis, In response to your request for quote as outlined in your May 11, 2021 letter, SCS Field Services has prepared a budgetary estimate for your consideration at the subject site. SCOPE OF SERVICES Our scope of services for the two major components as described in your request are as follows: Remediate Leachate and Segment 3 cell 2 Drainage Issues The work will be performed on a time and material bases per the attached fee schedule. The hourly rate for the entire crew and equipment is $878 per hour. Materials and subcontractor work will be billed at cost plus 10%. We anticipate approximately $4,500 in material cost if the 10" valve needs to be replaced. I have also attached the estimate of $2,500 from Florida Jet Clean to video camera and investigate the 10" control valve. In additional the price to jet clean the entire length of the 10" leachate collection system (approximately 1,300 -ft) would be $2,475. Our budget includes two days of field time for pumping liquids and investigating the 10" valve which. will require a 4" branch saddle and valve be installed on the landfill side of the existing 10" valve to gain access for the video camera. Additional Landfill Gas Collection 1. Extended 600 feet of horizontal collection trench as directed. The price per foot will be performed at the contract price of $67.00 less $5.20 per foot for owner supplied perforated pipe. The total for this task is $37,080(600 feet at $61.80). 1 1260 Roger Bacon Drive,.Suite 300, Reston, VA 20190 1 703-471-6150 1 Fax 703-709-83708 Mr. Martin J. Lewis May 13, 2021 Page 2 BUDGETARY ESTIMATE SCS -FS estimates the services described in this proposal for the Remediate Leachate and Segment 3 cell 2 Drainage Issues can be performed based on a time and material budgetary cost of $24,869. Please see the attached budgetary estimate cost breakdown. The Additional LFG Collection work will be billed as indicted above. CLOSING I look forward to discussing any questions or comments you may have concerning this proposal. Please do not hesitate to call me at (703) 517-5594 with any questions or comments. Sincerely, Guy F. Lewis Vice President/Regional Manager SCS Field Services Cc: Himanshu Mehta, IRC SWDD Ron Jones, IRC SWDD Pierce Wu, SCS -FS Larry Taylor, SCS -FS Joe Curro, CDM Smith Kurt Westerlund, CDM Smith Amy Hightower, CDM Smith Dewayne Wallace, CDM Smith 239 SCS FIELD SERVICES FEE SCHEDULE FOR EOUIPMENT Rate ($) ToolTruck............................................................................................................................ 20/hour No. 14 P.E. Fusion Machine(4"): ..........................................15/hour ........................................:...... No. 28 P.E. Fusion Machine(8").......................................................................................... 24/hour No. 618 P.E. Fusion Machine(1.8")......................................................................................60/hour Pipe Laser: .................... 8/hour Generator................................................................................................................................10/hour BobcatTrackloader...............................................................................................................25/hour 6,0001b Forklift: .................................................................................................................... 22/hour 40,0001b Excavator: ....................................................... 46/hour ........................................................ 25 Ton Articulated Dump Truck........................................................................................... 99/hour Dozer....................................................................................... ..........42/hour 2" Trash Pump......................................................................................... 15/hour 2" Electrical Submersible Pump ........................... ........................................... 10/hour FEE SCHEDULE FOR LABOR Laborer.......................................................................................................................................54/hour Fusion.Technician.......................................................... :............................................................ 70/hour Equipment Operator / Truck Driver..........................................................................................80/hour Construction Superintendent....................................................................................................175/hour Food and Lodging............................................................................... ..21/hour/per man FEE SCHDULE FOR MATERIALS & SUBCONTRACTORS Cost plus 10% 240 Indian River Budgetary Estimate ODC markup (input @ right) 1_1' Remediate Leachate RATE Input Hours Prices Sub -totals Project Superintendent 175 16 $2,800.00. Forman 90 0 $0.00 P. E. PipeFusion Technician 70' 16 $1,120.00 Construction Laborers 54 16 $864.00 Equipment Operator/Truck Driver 80 16 $1,280.00 Equipment Operator/Truck Driver 80 16 $1,280.00 Project Manager 175 0 $0.00 Regional Manager 250 0 $0.00 25 ton dirt dump truck 16 Input total per diem (food and hotel) Field Crew Per diem : 5 Man Crew 2 days Excavator 80 21 $1,680 SCS Field Services equipment, @ Fee Schedule: Input Hours SCS -FS Owned Pick-up Truck 16 $20 $320.00 SCS -FS Owned Pick-up Truck 16 $20 $320:00 4" fusion Machine 0 $15 $0.00 8" fusion Machine 0 $24 $0.00 18" fusion Machine 0 $60 $0.00 Laser 0 $8 $0.00 Generator 16 $10 $160.00 Other Direct Charges: Input total cost 25 ton dirt dump truck 16 90 $1,584 Excavator 16 42 $739 Loader 16 25 $440 Dozer 16 38 $669 Fork Lift 16 22 $387 2" Trash Pump 16 15 $264 2" Electric Submersible Pump 0 10 $0 Freight Charges 1 400 $440.00 Materials 1 $4,500 $4,950.00 Tax 1 315 $346.50 Florida Jet Clean Video Inspection 1 $2,500 $2,750.00 Florida Jet Clean 10" Leachate Line 1,300 ft 1 $2,250 $2,475.00 FEE SCHEDULE TOTAL $24,869 $1,344 $1,680 $800.00 $15,045 241 FLORIDA JETCLEAN HIGH PRESSURE WATER JETTING — EXPLOSION PROOF INSPECTION PIPE LOCATING — NO DIG POINT REPAIRS VACUUM TRUCK SVCS ---------------------------------------------- ---------- 7538 Dunbridge Drive TEL: 800-226-8013 Odessa, FL 33556 FAX : 813-926-4616 www.floridaietclean.com PROPOSAL DATE :5/12/2021 TO : Guy Lewis .= SCS Engineers FROM : Ralph Calistri (floridajetclean@yahoo.com) SUBJECT Indian River County LF — Explosion -Proof Video -Inspection Project Thank you for your inquiry. We confirm our capability and interest in carrying out the requested leachate collection system video -inspection services for SCS Engineers at the. Indian River County Landfill. Based on our prior work at this location, we propose as follows: Explosion -proof video -inspection of existing leachate collection piping to identify pipe's internal condition $ 2,500.00 (day -rate, including mob/demob) The proposal is subject to the following_ • No pipe cleaning is included. • 2 wheel drive vehicle access within 10'-15' of each pipe access location. Grouas C.& D (i.e. explosion nroofl. This is reauired by in methane ninin2. • Current technology limitations may preclude the use of tractor video systems (range of up to 1,350' in ideal conditions) in lines restricted to cleanout access. If a push video system has to be used, we will be limited to a maximum +/-400' from each point of entry. • All video -inspections will begin at available access locations and continue into the pipes as far as possible. Additional access may be required for complete coverage. • Day -Rate covers p to 8 hours on site. • Payment : Net 30 days Please contact us at 800-226-8013 with any questions or to schedule this service. Regards, Ralph Calistri — Florida Jetclean 242 FLORIDA JETCLEAN HIGH PRESSURE WATER JETTING — EXPLOSION PROOF INSPECTION PIPE LOCATING — NO DIG POINT REPAIRS VACUUM TRUCK SVCS 7538 Dunbridge Drive TEL : 800-226-8013 Odessa, FL 33556 FAX : 813-926-4616 www.floridajetelean.com PROPOSAL DATE :5/17/2021 TO : Guy Lewis - SCS Engineers FROM : Ralph Calistri (floridajetclean@yahoo.com) SUBJECT Indian River County LF — LCS Pipe Jetting Project Thank you for your inquiry. We confirm our capability and interest in carrying out the requested leachate collection system jetcleaning services for SCS Engineers at the Indian River County Landfill. Based on our prior work at this location, we propose as follows: High-pressure water jetting of roughly 1,350 LF of existing 10" LCS header piping from manhole, cleanout, and saddle access $ 2,250.00 (day -rate, including mob/demob) The proposal is subject to the following_ • A high-flow water source for fill of jetting equipment's water tanks. • 2 wheel drive vehicle access within .10'-15' of each pipe access location. • Day -Rate covers up to 8 hours on site. • Payment: Net 30 days Please contact us at 800-226-8013 with any questions or to schedule this service. Regards, T Ralph Calistri — Florida Jetclean 243