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08/17/2021
COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 17, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com 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 Reverend Hunter VanWagensen, Christ Church Vero Beach 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Recollect Waste Wizard - CARTer's Corner Mobile Application Attachments: Staff Report 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 20, 2021 6.B. Regular Meeting of May 04, 2021 August 17, 2021 Page 1 of 11 6.C. Regular Meeting of May 11, 2021 6.D. Regular Meeting of May 18, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission PAA Order PSC -2021 -0252 -PAA -EQ approving FPL's revised standard offer contract and associated rate schedule QS -2, a copy is on file in the Clerk to the Board Office. 7.B. Florida Public Service Commission Consummating Order PSC -2021 -0252 -PAA -EQ effective and final; docket to be closed. Attachments: File ID 21-0731 7.C. 2022 Holiday Schedule Attachments: Staff Report 7.D. Indian River County Venue Event Calendar Review Attachments: EventCalRev-Aug.-Sep.2021-Agenda Item -AU G-17-BOCC 7.E. 3rd Quarter FY 2020/2021 Budget Report Attachments: Staff Report 3rd Quarter Budget Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 25, 2021 to July 1, 2021 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments July 2, 2021 to July 8, 2021 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments July 9, 2021 to July 15, 2021 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments July 16, 2021 to July 22, 2021 Attachments: Finance Department Staff Report 8.E. Checks and Electronic Payments July 23, 2021 to July 29, 2021 Attachments: Finance Department Staff Report 8.F. Checks and Electronic Payments July 30, 2021 to August 5, 2021 Attachments: Finance Department Staff Report August 17, 2021 Page 2 of 11 8.G. Subrecipient Award Agreement - TCHSC Attachments: Finance Department Staff Report TCHSC Subrecipient Agreement 2021 8.H. Subrecipient Award Agreement - SRA Attachments: Finance Department Staff Report SRA SubRecipient Grant Agreement 2021 8.I. Approval of 2021/2022 State Funded Subgrant Agreement (T0149) To Update Indian River County's Hazards Analysis Attachments: Staff Report 2021-2022 Indian River Grant Agreement IRC Grant Form 8.J. Acceptance and Approval of Expenditures for Emergency Management State -Funded Subgrant Agreement (EMPA) Agreement Number A0209 Attachments: Staff Report Grant Form FY 2021-2022 EMPA INDIAN RIVER AGREEMENT -A0209 8.K. Acceptance and . Approval of Expenditures of Emergency Management Federally -Funded Subgrant Agreement (EMPG Agreement Number: G0301) and Expenditure Approval Attachments: Staff Report EMPG Grant Form FY 2021-2022 EMPG INDIAN RIVER AGREEMENT -G0301 8.L. Acceptance and Approval of Expenditures of Emergency Management Performance Grant Program -American Rescue Plan Act (EMPG-ARPA Agreement Number: G0310) Attachments: Staff Report Grant Form FY 2021-2022 EMPG-ARPA INDIAN RIVER AGREEMENT -G0310 8.M. Addendums to Administrative Services Agreements - RxBenefits and Express Scripts effective January 1, 2021 and October 1, 2021 Attachments: Staff Report Addendum 1/1/2021 Addendum 10/1/2021 8.N. Limited COVID-19 Sick Pay Benefit Attachments: Staff Report August 17, 2021 Page 3 of 11 8.0. Award of Bid No. 2021048 for Oslo Riverfront Conservation Area Planting Attachments: Staff Report Sample Agreement 8.P. Award of Bid 2021046 for South Oslo Road WTP SCADA System Improvements Attachments: Staff Report Sample Agreement 8.Q. Award of RFP 2021052 for ATM Services Attachments: Staff report Sample Agreement 8.R. Miscellaneous Budget Amendment 009 Attachments: Staff Report 2020 2021 Resolution Exhibit "A" 8.S. Second Renewal of RFP 2019060 FEMA Public Assistance Consulting Services Attachments: Staff Report Second Renewal 8.T. Award of Bid 2021049 - Egret Marsh Algal Turf Scrubber Influent Feed System Replacement Attachments: Staff Report Sample Agreement 8.U. Change Order 1 to the Agreement with All Webbs, Enterprises Inc. for Well Field Feasibility Expansion Study Attachments: Staff Report Change Order 1 8.V. Work Order No. 7 with Kimley-Horn and Associates - South County Reverse Osmosis Water Treatment Plant 2022 Permit Renewal Attachments: Staff Report Work Order No 7 - Scope of Services 8.W. Request for Purchase of Sodium Hypochlorite Tanks for South County Reverse Osmosis Water Treatment Plant Attachments: Staff Report Odyssey Manufacturing Quote CEJCO Carl Eric Johnson Inc Quote Blue Plant Environmental Systems Quote August 17, 2021 Page 4 of 11 8.X. Consideration of the Indian River County SHIP Program 2021 Annual Report Attachments: Staff Report SHIP Summary Report Annual Report 2018-19 Annual Report Certification 8.Y. Work Order with MBV Engineering, Inc. for Design of the Next Phase of the Trans -Florida Central Railroad Trail Attachments: Staff Report Work Order 8.Z. Sector 3 Beach and Dune Nourishment Project - Phase 1 (IRC -1925) APTIM, Work Order No. 2018006-10, Pre -Construction Services Attachments: Staff Report APTIM Work Order 2018006-10 Work Order No 2018006-10 execution agreement 8.AA. Sector 3 Beach and Dune Nourishment Project - Phase 2 (IRC2109) APTIM, Work Order No. 2018006-11, Pre -Construction Services Attachments: Staff Report APTIM Work Order No. 2018006-11 Work Order No 2018006-11 execution agreement 8.AB. Amendment Number 3 to the Agreement for Professional Services 45th Street Improvements (IRC -1722) - RFQ 2018012 Attachments: Staff Report Amendment 3 to Agreement 8.AC. Final Payment, Release of Retainage and Change Order No. IIndian River Boulevard and 8th Street Signalization IRC -1909 Attachments: Staff Report Change Order No. 1 &AD. Amendment No. 19 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street Attachments: Staff Report Amendment No. 19 from Arcadis US, Inc. August 17, 2021 Page 5 of 11 8.AE. FEMA Mandated Code Updates Related to National Floodplain Insurance Program (NFIP) and technical stormwater design engineering standards Attachments: Staff Report Attachment A Title IV Building Attachment B Chapter 901 Sec 901.03. Definitions Attachment C Chapter 910.10 Attachment D Chapter 912.08 Attachment E Chapter 930 SWM -Flood Indian River Adopting Shell Tables 930.1 A-930.1 B-930.1 C 8.AF. Resolution Cancelling Taxes on a Property Purchased by the City of Fellsmere for Public Purpose Attachments: Staff Report Resolution Cancelling Taxes Letter from Fellsmere 8.AG. First Amendment to License with Vertical Bridge Attachments: Staff Report First Amendment to License 8.AH. Approval of Temporary Policy Supplement for Emergency Housing Vouchers and Supporting Resolution Attachments: Staff Report Resolution 8.AI. Ahtna Marine Bid Bond Settlement Attachments: Staff Report Ltr to Holden Moore Dylan Reingold dtd 4.29.21 8.AJ. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program for Fiscal Year 2022 Attachments: Staff Report Resolution 8.AK. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2022 Attachments: Staff Report Resolution 8.AL. Ocean Concrete and George Maib v. Indian River County Attachments: Staff Report August 17, 2021 Page 6 of 11 &AM. Approval of Change Order # 3 for Radio System P25 Migration Project Attachments: Staff Report Change Order #3 &AN. Go Life Holding LLC's Request to Amend the Declarations of Restrictive Covenants on Certain Properties Previously Owned by SK Vero, LLC and Petrus Veros, LLC [AA -20-08-87 / 2004110281-87093] Attachments: Staff Report Location Map Draft Venetian Grove 160 Acre Property Draft Venetian Grove 81 Acre Property 8.AO. Approval of the Special Olympics Florida Aquatic Championships Agreement for the Swimming Event to be held at the North County Aquatic Center and for the Opening Ceremony to be held at the iG Center Attachments: Staff Report 2021 Special Olympics Five Year Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Home Occupation Preemption - Legislative Attachments: Staff Report Proposed Ordinance 10.A.2. Request from National Health Transport, Inc. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County -- Administrative Attachments: Staff Report COPCN Application National Health Transport, Inc. 10.A.3. County Commissioner Districts - Proposed 2021 Redistricting Plan Attachments: Staff Report Plan 2021 B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from JohnDre Jennings re: Single Member Voting Districts Attachments: Public Discussion Request Jennings August 17, 2021 Page 7 of 11 10.B.2. Request to Speak from Anthony Stewart, President of SCLC, IRC Chapter re: Single Member Voting Districts Attachments: Public Discussion Request Stewart 10.13.3. Request to Speak from Johnny Blayne Jennings re: Single Member Voting Districts Attachments: Public Discussion Request JB Jennings 10.B.4. Request to Speak from Brother Gary Johnson re: Single Member Voting Districts Attachments: Public Discussion Request Johnson C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for September 14, 2021 to Consider Hanlex Development, LLC's Request to Rezone Approximately ±2.34 Acres from CH, Heavy Commercial District, to CG, General Commercial District, located west of and adjacent to South US Highway 1, approximately 250 feet south of Highland Drive SE and approximately '700 feet north of 23rd Street SE and east of the FEC Railroad [RZON-2003090259-89653] (Quasi-Judiciai) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. St. Lucie County Letter of Support Attachments: Staff Report - Proposed Letter St. Lucie Letter IRC Proposed Letter of Support 11.11. American Rescue Plan Act of 2021 - Spending Plan Revisions Attachments: Staff Report - ARP Revisions ARP Act Spending Plan 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology August 17, 2021 Page 8 of 11 12.E.1. TIGR Acquisitions III, LLC Purchase and Sale Agreement for 810 Bailey Road Tower Attachments: Staff Report - IT Purchase and Sale Agreement F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. Request to Publish Notice of Public Hearing to Consider Modifications to County Code Sections 201.64 and 201.65, Prohibited Discharge Standards Attachments: Staff Report Draft Pharmaceutical Waste Ordinance Draft Dentist Amalgam Ordinance 13. COUNTY ATTORNEY MATTERS 13.A. Planning and Zoning Commission Alternate Attachments: Staff Report 13.B. Local Provider Participation Fund (LPPF) Ordinance Attachments: Staff Report 6.17.21 -Indian River County Support Letter - SRMC County Commissioners J Flescher Ltr GR 6.01.21 Indian River County LPPF - Encompass Health Special Assessment Memo _Indian River 6.1 Indian River Ordinance 13.C. Permission to File an Injunction Against Angela Piscitelli Attachments: Staff Report Complaint for Injunctive Relief 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1. BCC Presentation of St. John's River Water Management District Central Springs/East Coast Regional Water Supply Plan Attachments: Commissioner's Memo B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman August 17, 2021 Page 9 of l 1 14.D.1. A New Proposal for Landscaping Companies in Agricultural Zones Attachments: Commissioner's Memo Attachment E. Commissioner Laura Moss 14.E.1. IRC Administration Complex - Native Plant Garden Project Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of April 20, 2021 15.B.2. Approval of Minutes Meeting May 04, 2021 15.B.3. Approval of Minutes Meeting of May 11, 2021 15.B.4. Approval of Minutes Meeting May 18, 2021 15.B.5. Amendment No. 1 to Work Order No. 8 to Geosyntec for Groundwater Technical Support Services Attachments: Staff Report Amendment No 1 to Work Order No 8 - Geosyntec 15.B.6. Approval of CY 2022 CPI Adjustment Request by Republic Services Attachments: Staff Report Rate Adjustment Letter Request from Republic Services 15.B.7. Approval of FY 2022 CPI Adjustment Request by Atlas Organics Attachments: Staff Report Rate Adjustment Letter from Atlas Organics Indian River LLC 15.B.8. Approval of FY 2022 CPI Adjustment Request by Waste Management for Franchise Agreement Attachments: Staff Report Rate Adjustment Letter from Waste Management 15.B.9. Approval of FY 2022 CPI Adjustment Request by Waste Management. for Government Buildings Attachments: Staff Report Rate Adjustment Letter from Waste Mgmt for Govt Bldgs August 17, 2021 Page 10 of 11 15.B.10. Final Pay to Kimley-Horn Work Order No. 39 -Annual Financial Reports Attachments: Staff Report Kimley Horn Project Completion Report and Final Invoice 15.B.11. Update on Generation Study and Non -Ad Valorem Rate. Analysis by Kessler Consulting, Inc. Attachments: Staff Report Proposal from Kessler Consulting, Inca C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the :Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.corn 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 August 17, 2021 Page 11 of 11 M Presentational Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: July 30, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: ReCollect Waste Wizard—CARTer's Corner Mobile Application Descriptions and Conditions: The Solid Waste Disposal District (SWDD) staff is excited to share the launching of a new educational service for residents called CARTer's Corner, which was developed through the ReCollect Waste Wizard Company. This service is a mobile application (app) available both on the Google Play Store and the Apple App Store, as well as an option on our county website, which will allow residents to gain answers they may have about recycling correctly. In. general, CARTer's Corner provides two specific services. First, it allows residents to easily find out within seconds if an item is recyclable before they put it the blue cart. Second, it provides detailed metrics to SWDD about what residents are confused about or have questions regarding recycling so that we can better target our marketing and advertising to clarify those questions. It has been very specifically designed to meet and address the recycling needs of our county. The service also includes a future provision of pick-up dates and calendar information that can be added to the app. Funding: No funding is requested for this agenda item. The Recollect service is currently part of the approved Fiscal Year 2020/2021 Recycling Budget, which is funded from SWDD assessments and user fees. The actual cost for the implementation of the ReCollect Waste Wizard app was $4,980. Conclusion: This service will make life easier for residents to recycle correctly and reduce the amount of "wish cycling" and contamination at the cart. The Solid Waste Disposal District (SWDD) ,will continue to make changes and update CARTer's Corner 'on a regular basis. Therefore, the service will always be up to date. SWDD will continue to track the metrics on what residents are searching for so that we can continue to better target our marketing campaigns. SWDD Agenda - CARTer's Corner Page 1- 1 08/17/2021 5.A. Usage Data for Week of 8/2 — 8/12 Waste Wizard sc.po c �AU;02,T021:Av5l2.202'- 0.i^emirs 0 AhWlRndytlCT Data CA a- •a• su,.ta�nerp� t� "�nr a +10 otraHpx wta E'6? 1CtY7 'MB 7ep ti!aFr..lzlz :,....; SMw > !'mines. ' Mobile App Usage for 7/25 — 8/10 Mobile App �1u1 ?5.202LAug IL 20Y • A Vladcz * Average acting 680: x+a;Fn,r„en No reviews' fry �` ....�...--•.... 173 iz. ( o 0168 i ac:rme a:uo, o •a• su,.ta�nerp� t� "�nr a +10 otraHpx wta E'6? 1CtY7 'MB 7ep ti!aFr..lzlz :,....; SMw > !'mines. ' Mobile App Usage for 7/25 — 8/10 Mobile App �1u1 ?5.202LAug IL 20Y • A Vladcz I- 1 * Average acting 3.!na-i>t; pal.c.. ..�_, No reviews' fry �` ....�...--•.... 4Rnfe'+n ....—...-.-.-...�.-.. o iz. ( o ln.fh i I- 1 08/17/2021 5.A. I -- 2 Example of Top materials Data 'Collected i . s!uw m emnr. ,News � Thk ,. �3. . PtaaBw(ET-Fy w4^. Y.GI;;,Q An:Xvel emia'f(eemwnas'a c.ra'a .� f3 S:",—EgC.— 12 QbM'.o Cag1I t, - t tvnn sglerom owsi"8 . .. _ rcn $hTNN I to 10 a 139—LV 4PaGw ] a � 5 1. wart Example of Unique Data Collected Suggested Materials ao_(-:<a tExpOM1 DDa WE UIV.S. E iy . - - O : gar,�c anal .. - 1EKa-,r. O a s1 of "I to I Of 1 W11.1 6aC JUs a FTrS . I -- 2 0 " E T� N�i1652�202A1 FyPSC COMMISS°IUiU;CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION St�2 In re: Petition for approval of revised standard DOCKET NO. 20210067 -EQ offer contract and a revised accompanying rate ORDER NO. PSC -2021 -0252 -PAA -EQ schedule QS -2, by Florida Power & .Light ISSUED: July 12, 2021. Company. The following Commissioners participated in the disposition of this matter: GARY T. CLARK, Chairman ART GRAHAM ANDREW GILES FAY MIKE LA ROSA GABRIELLA PASSIDOMO NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING REVISED STANDARD OFFER CONTRACT AND ASSOCIATED RATE SCHEDULE QS -2 BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). Case Background Section 366.91(3), Florida Statutes (F.'S.), requires each investor-owned utility (IOU) to continuously offer to purchase capacity and energy from renewable generating facilities and small qualifying facilities: Rules 25-17.200 through 25-1.7.310, Florida Administrative Code (F.A.C.), implement the statute and require each IOU to file with this Commission, by April 1 of each year, a revised standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan (TYSP). On. April 1, 2021, Florida Power & Light Company (FPL) filed a petition for approval of its revised. standard offer contract, based on its 2021 TYSP. We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.055, and 366.91, F.S. Review and Decision Section 366.91(3), F.S., and Rule 25-17.250, F.A.C., require that FPL, as an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from W ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 2 renewable generating facilities, (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent TYSP, or if no avoided unit is identified, its next avoidable planned purchase. Similar to last year's standard offer contract, FPL submitted a joint TYSP with Gulf Power Company (Gulf) for 2021, with the companies planning to merge into a single remaining entity by 2022. While the joint 2021 TYSP does not feature an avoidable fossil -fueled generating unit or planned purchases that could be deferred during the planning period, FPL has identified a 1,991 megawatt (MW) natural gas-fired combined cycle unit (CC) as the next planned generating unit. The projected in-service date of the unit is June 1, 2031. We have previously approved using a unit outside of the TYSP planning period as the avoided unit for standard offer contract purposes.' Under FPL's standard offer contract, the RF/QF operator commits to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer In order to promote renewable generation, we require the IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2031), and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. The table below contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract to an operator with a 50 MW facility operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin 'See Order No. PSC -2018 -0316 -PAA -EQ, issued June 20, 2018, in Docket No. 20180083 -EQ, In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company; Order No. PSC -2020 -0212 -PAA -EQ, issued June 26, 2020, in Docket No. 20200114 -EQ, In re: Florida Power & Light Company's Petition for Approval of a Renewable Energy Tariff and Standard Offer Contract; and Order No. PSC - 2020 -0213 -PAA -EQ, issued June 26, 2020, in Docket No. 20200115 -EQ, In re: Petition for approval of new standard offer for purchase of firm capacity and energy from renewable energy facilities or small qualifying facilities and rate schedule QS -2, by Gulf Power Company. 1-4 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 3 with the projected in-service date of the avoided unit (June 1, 2031) and continue for 10 years, while early and early levelized capacity payments begin five years prior to the in-service date, or 2027 for this example. Year Energy Payment Normal Capacity Payment Levelized (By Type) Early Early Levelized $ 000 $ 000 $ 000 $ 000 $ 000 2022 7,667 - - - - 2023 6,793 - - - - 2024 7,418 - - - - 2025 8,347 - - - - 2026 8,650 - - - - 2027 8,862 - - 1,210 1,357 2028 9,109 - - 2,100 2,326 2029 9,419 - - 2,144 2,326 2030 9,908 - - 2,189 2,326 2031 9,607 2,063 2,242 2,235 2,326 2032 9,695 3,581 3,844 2,282 2,326 2033 10,171 3,656 3,844 2,330 2,326 2034 10,675 3,733 3,844 2,379 2,326 2035 11,053 3,812 3,844 2,429 2,326 2036 11,589 3,892 3,844 2,480 2,326 2037 11,935 3,974 3,844 2,532 2,326 2038 12,188 4,057 3,844 2,583 2,326 2039 12,315 4,143 3,844 2,640 2,326 2040 12,601 4,230 3,844 2,695 2,326 2041* 5,289 1,778 1,602 1,133 969 Total 1193,291 1 38,919 1 38,439 33,364 1 325564 Total (NPV) 1 93,259 1 13,319 1 13,319 13,319 1 13,319 *Payments end in May 2041, resulting in a partial year of energy capacity and payments. FPL's standard offer contract, in type -and -strike format, is included as Attachment A to this Order. The changes made to FPL's tariff sheets are consistent with the updated avoided unit. Revisions include updates to calendar dates and payment information which reflect the current economic and financial assumptions for the avoided unit. At this time FPL and Gulf operate as separate utilities; however they have requested to consolidate rates in the ongoing rate case. Upon review, FPL's revised standard offer contract and associated rate schedule QS -2 shall be approved as filed. The provisions of FPL's revised standard offer contract conform to all requirements of Rules 25-17,200 through 25-17.310, F.A.C. The revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. _S ORDER NO. PSC -2021. -0252 -PAA -EQ DOCKET NO. 202 -10067 -EQ PAGE 4 'Based on the foregoing, it is ORDERED by the Florida. Public Service Commission that Florida Power & Light Company's revised standard offer contract and associated rate schedule QS -2 is hereby approved. It is further ORDERED that the provisions of this Order, issued as proposed agency action, sti'all become final and effective upon the issuance of.a Consummating Order unless. ..:an. appropriate petition in the fon-.n provided I by Rate 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of -business on the date set forth in the "Notice of Further Proceedings" attached hereto. Potential signatories should be aware that, if a timely protest is filed, Florida Power & Light Company's standard offer contract may subsequently be revised. It is further. CWM ORDERED that in the event this Order becomes final, this docket shallbe closed. By ORDER of the Florida Public Service Commission this day of Ju ly, 2021. Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida, 32399 (850) 413-6770 "-xw.floridapsc,com Copies famished: A copy of this document is. provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS ORJUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures'and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief :sought. ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 5 Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected. by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on August 2, 2021. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 6 Attachment A :Qhikeim 46- ottr'tec -th Revised she.O.No. %'930 l�7 ORT M l�At'l�E R & LIG14f COMPANYC'oneets T ic?�t'tIt-Thii-teenth Revised Shcet:Nlo. 9:030 .STANDARD OFF, 22 CONTRACT :Ff3R THE PURCHAS7: OF CAPACITY ANTI) ENERGY +"ROM ii REN! IVABLE EINE RGY FACIIATY OR AQUALI Y I1NG FACILITY IA ITRA DESIGN CAPACITY OF 100, L)It OR LESS,(VOIDEDU€ IT) THIS, STANDARD OFFER CONTRACT (the; "Contract.'.) is mane and entered' this day of by and betsven (herein after "Chralifred Seller" or "QS') a corporation/ limited liability company organized and existing under the lag=s of the State of and owner of a Rentiewab'le Errergy !utility as defined in section 25-17-.210 (1) F.A.C. or a Qualifying Facility with a design capacity of 100KNV or less defused in section 25-17.250, and Florida Power & Light . Company (herein after "FPL") a corporation organized and existing underthe. laws of the State of Florida. The QS and FPL shall be jointly identified herein.. as the "Parties". This Contract contains fiat Appendices; Appendix. A. QS -2 .Standard hate for Purchase of Capacity and Energy; Appendix B, Pay for Performance Provisions; Appendix C, Termination Fee; Appendix D, Detailed .Project Information and Appendix E. contract option to be selected by QS. WITNESSETH: WHEREAS, the QS desires to ;sell and deliver, and. FPI desires to purchase,and receive, fiat capacity and energy to be generated by the QS consistent urith the terms of this Contract; Section 366.91, Florida Statutes; and/or Florida Public Service Commission ("FPSC') Rules 25-1.7.082 through 25-17.091, F.A.C. and FPSC Rules 25- 1.7.200 through 25.17.3I0.F,A C. WHERFA.5; flee QS has signed an interconnection agree -anent with FPI.. (the "Interconnection ,Agreement' I or it has entered into valid and cnforceiblc interconnection/transmission service agrocinent(s) with the utility (or those utilities) whosc transmission facilities are necessary for delivering the firm capacity and energy to .] I?L (tire "Wheeling Agreement(s)"); WHEREAS, the FPSC has approved the form of this Standard OfTer Contract for the Purchase of Finn Capacityand Energy. from .a Renewable'Fnergy Facility or a Qualifying Facility with a design capacity of 100 ',KW or less; and WHEREAS, the Facility is capable of delivering firm capacity and energy to FPL for the term of this Contract, in a manner consistent with the provisions of this Contract; and WFMRE AS, Section 366.97(3), Florida Statutes, provides that the "prudent and reasonable costs associate([ with a QS energy contract shall be recovered from the.ratepayers of the contracting utility, without di#fcrentiating among customer classes, through the appropriate cost -recovery clause mechanism" administered by theTPSC. N011 , T13EREFORE, for mutual'consideration. the Partite agree as follows: (Cerntinued on Shcot Nei. 9:031.) issued ti4:"ftffany t erhen, Scalar fl;reci;or. itreali.torr Mites Cox t of Service semi s't�temsW44401,14 ises gold "Wf& EtTcetive: Juo@ 9�2(90 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 7 Attachment A Second Revised Sheet No. 9.031 FLORIDA POWER S LIGHT COMPANY Cancels First Sheet No. 9.031 (Continued from Sheet No. 9,030) 1. QS Facility The QS contemplates,. installing.operating and maintaining a ___.____...__....._.____--................. ___KV 4 generating.facility located at (hereinafter called the "Facility"). The Facility is designed to. produce a maximum of kilowatts C'KW") of electric power at an 85% lagging to 85% leading power factor. The Facility's location and generation.capabilities are as described in the tab1.le below. TECHNOLOGY AND trENFIznTOR cArAPAlErrl7Fs Location;. Specific Legal. description (e:g., metes -and bounds' or other legal City The following sections (a) through (e) are applicable to Renewable Energy Facilities.("RFPs') and section (e) is only applicable to Qualifying Facilities with a design eapacity of.100 KW or less: (a) if the QS is a REF; the QS represents and warrants that (i) the sole source(s) of fuel or power used by the Facility to produce energy for sale to FPL during the term of this Contract shall be such sources as are defined in and provided for pursuant to Sections 366.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2), F A.Cl., (ii) Fossil fuels shall be limited to the minimum quantities necessary for start-up. shut -down and for operating stability at minimum :load; and (iii) the RFF is capable of generating the amount' of'capacity ,pursuant to Section 5 of this Agreement without use of fossil fuels. (b) The Patties agreeandacknowledge that if the QS. is a REE, die QS will not charge for, and FPL shall have no obligation to pay for, any electrical. energy produced by the Facility from a source of fuel or power except as. specifically provided for in paragoph l(a) above. (Continued on Sheet No, 9,032) Issued by: S. f- R�itaig, Director, Rates and `Tariff's dascltiplfan with street address required) County: Ell'eclit'e:.lu1y 13',.10 Generator' (Induction at- Synchronous) Of Facility (Hydrogen produced from sources outer tlitln'fOS�►tfUel9,. biOiilY45$ as defined in Section ZS -17.210 (2) TAX.,., solar energy, geothermal energy; grind energy, ocean energy, hydroelectric pdvrer, waste heat from sulfuric acid mannfaehlrhtg operntians: or <1(�I.`"ti' cogenerator) 'iiYhhalb�' ? Fuel Type and Source Generator Rating (k"4?A) Maximum Capability (KJl�- Minimum Land Peaking Capability. Net Output (M8).Power Factor ("la) Operating Nottage (kN). i'eaklatteinal Load KW ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 8 Attachment A FLORIDATOWFIZ & LWITT COMPANY QkrtcelsXow0A*4 T-tftcerflh )RoisedShect No; 9.032 (Continued tion Sheet No; 9.031) If the QS is a:REF, the QS shall, on an annual basis and within thirty (30) days after the wuliversary date of this Contract and on An antival basis thereafter'fo?r the terra of this,Contract, deliver to FPL a report certified by an officer of tile I QS:: (i) slating the type and aluouni of cqcfisolaces(Aof fuel or power used by the QS to produce energy during dai:*elve inondi period prior to the a IV livers . ary date (dle 'V.onfract Year*),, and (ii) YcWjV, that one hnrrilreil per crit (I.00%) of all emergy old by the QS, to FPL duting the Cvmtracr, Year complies with Sections Ila) and.fbof this )Contract, W) If tile QS is a REF, the Q3 represents and warrants that the Facility meets the rellewob1c energy requirements of Section 3n6.91(2)(a) and (b), Florida Statutes, and FPSC Rules 25-172 1 0(l) and (2), F,A.C, and that the QS shall continue. to. meal such requirements throughout ilia tent of this Contract. FPL shall have the right M all filuf'-s to inspect the facility and to cxarnine any books, records, or offier documents. of die QS that FPL dacniq ne-cm—sary to verify that the Facility meats such requirements: W The Facility (i) has been certified or has self-ccrfificd as a "quah4ing facility" piusuant to the Regulations of the Federal Energy Regulatory Coruntission ("FERC), of (il) has been oetttified by the FPSC as a "qualifying facility" pursuant to Rule 25-17.080(1). A QS that is a qualifying facility with it design capiteity of less than 100 KW shall maintain the -qualifying state. °" of the facility throughout the term of this Contract. FPl, shall have the right at all times to inspect ilia Facility and to examine any books and records or othar docurmuts of die Facility that FPL deenis necessary to verify the Facflity's qualifying status. On or before Marsh 31 of each year during the term of this Contract, the QS shall provide to FPL a oartificale signed by an officer of the QS certifying that the Facility has continuously maintained qualifying status. Term of Contrad Except as other*ise provided herein, this Contract shall become effective immediately Ulm it, execution by the Partics (the "Eflective Data) and shall have Ilia termirlation date stated in Appendix E, unless terminated earlier in accordance with the provisions hereof, Notwiffistandingth, foregoing, ifthe Capacity. Delivery Date (a- defined in Section 5,15) ofthe Facility is ",I atconioshed by the in-sewice date of.the avoided unit, or swb tuner date as may be pernfittled by FPL ptrsuant to Section 5 of this Contract, FPL NA611 be pennittedth tentanate, this Contract omsistcnk with the terns Herein wittioutf,tirt.hetoblioti6ns, duties or liability to the QS, Mintruum Spedfications Fblluvving are the tuinhmum specifications pertainim to this Contract: The avoided unit VAv6ided'Unit') options on Which Us Contract is based we detailed in Appendix A. This offer sla:expire on April 1, 2442022, 3, The dale by which fion capacity and energy deliveries from ilia QS to FV1, shall continence is the in-service date or the Amded Unit (or such later date. m may be partuilled by FPL inmant to Section 5 of this oontraot) unless tile QS chooses a• capacity payment q)liontivit provides fbi- early Iluvivalu to the terns orthis Contract, 4. The period of titne over which turn oapacity and energy. shall be delivmd front die QS to FPL is a, specified in Appendix. E;provided, such period shall be no less than a mininnan often (10) years after tile in-servicedide ofthe Avoided Uni't. 5. The following are the ininimurn performance standards for the delivery offirrivealwity and energy by the QS to quality for full Capacity payrocul'i tuwlcr thi"Conivict Cin peak- - All Hours Availability 94,0..% 94,0% * QS Perforinance and On Peak hourssluill be as ineasured, andior described in PTL's Rate Schedule QS -;2 attacbed,hereto as Appendix A (Ccofinued on Slicet No. 9.012.1) Issued by: Tiffany Cohen,. Senior Dimylor, go -stents-�, , Effe-dive: Atine 9; 202 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 9 IFIDRIVAPOWER & LIGHT COMPANY (Continued from Sheet No. 9.032) 3,2 QS, tit no cost to FPI, shall be responsible W Attachment A First Revi-ed.Stwef No. 032.1 Cancels Orlonal ShcetNo. 9.032.1 .3.2.1 Design, construct; rand ittaintaim the riciliry in accordance with this Contract, appticablelace: regulalory, and governmental approvals, any requirements of warranty agreements or similar agteealents, prudent indusfty practice, instirunole policies, and the hilerconaection Agreebient: orAlteLling Agreement. 3.21 Perform all stltdies,.pay all fees, obtain all Al thelmercomectionAgreementor the WheetingAgreernalt(s)) in order to schedule and deliver the firm capacity and energy to PPL. 3.23 Obtain and maintain all permits, certifications, licenses, consents or approvals ofarty governmental or regulatory authority necessary for the construction, operation, and maintenance of the Facility (the QS shall keep FPL reasonably informed as to die stutils ofits permitting efforil; mid shall promptly inform FPL ofany Pertnits it Is unable to obtain, that are delayed, hinited, mispended, teratinited, or otherwise constrained in a way that could limit, reduce, interfere with, or preclude utility to perform its obligations under. this Contruct tincluding a staternerit of'whetha and to what extent this circumstance mayfinfit or preclude QS's ability to I)Lribrm under this Contract) 3.2.4 Demonstrate to rPL*s toWnable satisfaction dial. QS has established Site Cation, an agreement for file ownership or Ime ofilte Facility's site,.for the Tema of the Contract. 3.2.5 Complete allent, tronmental impact studies and comply with applicable environmental laws necessary for the construction, operation, and iminteriaride of the Facility. 3,16 At FPUs request, provide to FPL etectrical specifications and d-,.qgn drawingspemifil#kto for,FPL'srevicii,ptiortofinAi2iiigdesi ofthe Facility and before begirming.consiniction 9A — . . sC'pn,suelt speoificotiom and drawings, provided r-PUs review ofsoolispecifications and design shall not tv the spocificali(m, and design thereof, or many express or inoidd warnudies including performance, safety, durability or reliability ofthe Facility. QS shill provide to FPL reasonable advance notice orany chaliges in the Favil .1 ity mid .1 provide to FP1,specificatims und design dwitingsofarty such changes, 3.2.7 XVithin fifteen (I S) days after the close ofeach thanth from the first month following the Effective Date until the Capacity Delivery Date, provide to PPL a monthly progress report (in a form reasonably satisfactory toA)�) and.agwe to regularly scheduled meetings between representatives orQS and FPL to review such monthly reports and discuss QS*s ooilstruttion progress. The Monthly Progress. Report shall:irldicate whether QS is on target to meet the Capacity Delivery Date, If for any reason, FPI, has reason to believe thatQS.mziy,fajI to achieve the Capacity Delivery Date, then, upon, FPL's request, QS shall submit to VPL, widiiin ten (10) bainegs days of such request, a remedial action plan CReinedial Action Plan) are( sets forilta detailed description ofQSs proposed co=c ofactio n to promptly achicyc the Capacity Delivery Date, Delivery ofa Remedial Action Plan docnot relieve Qs of its obligation to meet One Capacity Delivery Date. 33 FPL shall have the right, but: not the obligation„to; 131 Impect (hiring bu,44ness hours up(mireasonable notice, or obtain copies of all Pemliti IwId by QS, 3.3,2 Consistent with Section 31.2.6. notify QS in writing of the:results of the review within thirty (10) days orFPL's receipt of all specifications for (he Facility, including description of any flaws perceived by FPL in die dest9p, 133 Inspedthe rucility',, construction site or on-silc QS data and information pertaining to aid Facility during business hours upon reasonable notice. (Continued on Shed No. 9,03.1) Ismed1by: &E.Rofidg,Director, Rates and Tariffs Effective. September 13, 2016 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 10 (Continued from Sheet No. 9.032.1) SMt of Energy =d Capatity by the 03 Attachment A Nitith Revised Sheet No, 9.033 4,1 consistent with the terins hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from die QS at the Delivery Point (defined below) till ofthe eilerky and firrif capacity generated by the Facility. FPL shall -have the sole and exelmive tig1vt to pinhise all energy and capacity produced by the Facility. 1110 purchase mid sole of energy and firm capacity pursuant to this Contract shall be a net billing arrangement or-(: )simitiltancoren purchase and sale arrangement; provided, however, that no such arrangement shall Carse the QS to 5,01 more energy mid firm capacity than d -m Facility's net output Tile billing methodology may.bc changed at the option of the QS, subject to the provisions of FPL Rate Schedule ()Sw1 For pritwes; of this Ckintmet,Delivery. Point shall be defined as either: (a) the point of interconneotion between FPV5 !3ystern arid the transtuission system of the final utility tratisinittilig energy and fitna capacity from -the. Facility to the FPL system; as specifically described in the applicable Wheeling Agreement, or (b) the point ofintercormection between the Fa6lityand FPT,'s fransmii,.sian in the fritercminection Agreetrielit. 41 The Qs shall not rely on inter mptible standbyscrvice for the start up re%*rernants (initial or otherwise) of tie Facility. 4XMc QS shall be responsible for all costs, charges and penalties associated with development and operation of the. Facility, i1A The,QS AM be responsible for all intemonmoti6tielectric losses, and ancillary service arningente. ritsand costs required to deliver, on a firm basis, the firm capacity mid ertergyfrom the Facility to the Delivery Point. Conarnihod Capacity/Capatchy Delivery Date 5.1 AW QS commits to sell arid deliver firm catliacity 10,FPI, at the Delivery point, the fintount of which shad be detcMirled in ncCordance with this Sccticm S {lire "Camntitted Clapacit5a'). Srrhjer�t to Scroiion5.3 lire Crarrmitled Capacity shall tae KW, delivery date no later than the iri�serAce date of the Avoided Unit or as otherwise specified inAppendix E (the "Guaranteed Capacity Delivery Datc)� 3.2 Testing of the capacity of the Facility (each such test, u "Contruitted Capacity Test) shall be performed in accordance with the procedures set forth in Section 6. The Dernottstration Period (defined herein) for the first Corranitted Capacity Test shall commence no earlier awl six (6) 111011flas prim to. the Capacity Delivery Date turd testing must be completed by 11:59 pan. on die data prior to flit Guaranteed Delivery Data,. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FTUS satisfiaction that the Facility can brake available capacity of at least one, hundred percent (100%) of the Committed Capacity set forth ill Section 5.1. Subject to Section 6, 1, the QS may schedule and perform tip to three (3) Committed Capacity Tests to satisfy the capacity requirements of die Contract, 5;3 FPL shad have the right to require, tile QS, by notice no less than ten (IQ) business days prior to such proposed test, to validate the Corrunitted Capacity of the Facility by mems of subsequent Corrunitted Capacity Tests as follows: (a) mice per each Stunner period and. once per each Winter period at FPL's sole discretion,(b) at any time die QS is unable to muply with any material obliption under this Contract for averiod or thirty (30) days or more in the agregate as a consequence of an event of Forte Majeure, and (e) of any time the QS fiiihi in three coilsccutive Months to achieve an Atutual Capacity Oillinlg Factor, as defined in Appendix A (Hic -ACW), equal to or greater than 70%. Tire results of any such last Shall be provided to FPL within seven (7) days of da conclusion of'such test. On and after the date of such requested Conuititted CaMcity Test, and until the cotM)Icticm of a substtluent Conintittcd Capacity Test, file Cottimilled Capacity shall be deemed as the lower offlic tested capacity or the Committed Capacity as set forth in Section 5.1. 5.4 Notwidistanding anytiting to the coatruryliercin, the Cominitted Capacitysliall not exceed the arnourawl, ffirth in Section 5.1. withoul the prior written cormal ofFPL, such cement not uriverisonably withheld. 55 The "Capacity Delivery -,Date" strati be defined as the first calendar dayinimadiately, after the (Lite following the last to occur of (a) die Facility's successfW. completion of the first Committed Capacityfestbut no earlier, than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E) and (b) the satisfaction by QS of the to]] oiving Delivery Date Conditions (defined below). (Continued on Sheet No. 9.033.1). Effective: June 5, 208 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 11 FLORIDA PONVF.R & LIGHT :COMPANY (Continue from Sheet No. 9.033) Attachment A Oeiginal.Sheet No. 9.033.1 5.5:1 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to F.PL in all respects) stating: (a) the nameplate capacity rating of the Facility at the anticipated time of commercial, operation, which.mustbe at least 94% of:the Expected Nameplate Capacity Rating;.(b) that the Facility is able to generate.electricerergy reliablym amounts expected by this Agreement -and in accordance with:all either terms and conditions hereof, (c) that Start Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, all system protection and control and Automatic Generation Control devices are installed and operational. 5.5.2 A certificate addressed to FPL from a Licensed Professional Bngineer (reasonably acceptable to FPI., in all respects) stating; in conformance with the requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed, (b) all required interconnection tests have been completed,.and (c) the Facility is physically interconnected with the System in conformance with the Interconnection Agreement and able to deliver energy consistent with the terms of this Agreement. 5.5.3 A certificate addressed from a Licensed .Professional Engineer (reasonably acceptable to FP.1. in all respects) stating that Q5 has obtained or entered into all permits and agreements with respect to the Facility, necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements"). QS: must provide copies of any or ell Required Agreements requested by FPL. 5.5.4 An'opinion from a law firm or attorney, registered or licensed in the State of Florida (reasonably acceptable to FPL in all respects) stating, after all appropriate and reasonable inquiry, that:.(a) QS has obtained or entered into all Required Agreements; (b) neither QS nor the t-aciiity is in violation ofor to any liability under any Applicable lar; and (c)Q'S has duly filed and had recorded all of the agreements, documents,.instrumcnts, mortgages; deeds of trust, and other Writings described in Section 9.7. 5.5.5 FPL has received the Completion/Performance:Security ((a) through (e), the "Commercial Operation Conditions"). FPI: shall have ten(10) Business Days after receipt either to confirm to QS that all of the Delivery.Date CA)nditions have been satisfied. or have occurred, or to state with specificity what FPL reasonably believes has notbeen, satisfied. 5.6 The QS shall be entitled to. receive capacity payments beginning on the Capacity Delivery Date, provided Ahe Capacity Delivery :Date: occurs on or before the in-service elate of the Avoided Unit (or such later date permitted by FPI, pursuant to the following sentence). If the Capacity Delivery bate does not occur on or before the Guaranteed Capacity Delivery Date, FPL shall be entitled to the Contpletion/Performance Security (asset forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS up to an additional five (5).months o achieve the C.apacity.D.elivery:Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery. Date. or b) such later date as permitted by FPL, FPL shall have no obligation to make any capacity payments finder this Contract and FPL will ;be permitted to terminate this Contract, consistent with the terms herein without further obligations, duties or liabilityto the Q$.. (Continue on Sheet No, 9,,034). Rates and Tariffs Effective: June 5,2018 f�« ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 12 F ORMA POtVFR & LICITi'CQ',A3i'AiVY (C:oatinued from Sheet No, 4.033.1) Testing Procedures Attachment A Third Revised Shect:No. 9.034 Cancels Second. Shert Na: 9.034 6-I The Committed Capacity Test armst be connpleted successfully within a sixty -hour period (the "DomottsU ition. Per nod"j, w hich period, including"the approximate start rime of the Committed Capacity Test, shall be selected and scheduled by the QS by moans ora written notice to FPL delivered at least ll"y (30) days prior to (he start of such period, The _ptovisicns.of die foregoingsentence shall not apply to any Committed Ca)mcityTest_required by FPL anter any ofthe Provisions of thisContract. FPi shall have the right to be- present,cstuate 16 monitor any Committed C apacity'Test required or Ix ninined taurlerthis C;.ontruc. 6.2 Committed Capacity Test mums shatt be based on a test period of twenty-four (24) consecutive hours (the "Cotmrdtted Capacity Test, Period') at the Highest sustained net VVV rating at which the Facility can operate without erceedirul the design Operating conditions; temperature; pressures, antd other Parameters defined by the applicable manufictumr(s) for steady state Operations at the Faeihty. 1f be_QS is a ltFFthe Cornrrvtted.0 apacity Test Aalt-lie conducted utiliAng as the sole fuel source fuels or energy sources. in the definition in Section 360.91., Florida Statutes, The Committed Capacity Test Period shalt commence at the time designated by the QS pursuant to Section 6.1 or at such other time requested by pursuant to Section 5.3; provided, however, that the Contrai tted Capacity Test Period may cormxnence earlier than such time in the event that FPL is notified of and consents to, such earlier time. 6.3 For: the avoidanoc,of doubt, ttoimal station service use of wit-atedliarres, including, without limitation, cooling towers, heat exchangers; and other. equipment required by law, shall be in service during the Committed Capacity T Test Period. Further, Or. QS shall alrect deliveries of any quantity trod quality ofooutracted cogenerated steam to the $team',host during the Committed C apacity'l'est. Period. 6A The capacity of Ute facility shall be the average net capacity (generator output minas awdliary) measured over the Committed Capacity Test Period. 6.5 The Committed. Capacity Test shall be performed according to prudent industry t6tir4 procedures satisfactory to FPL for the appropriate iectmology of the QS. 6:6 Except. as Otherwise Provided herein, results oftmy Committed Capacity Test dmil be smbnutted to FPL bythe.QS within seven (7) clays of the conchwiran,oftbe c m initted Capacity"fest.. Payment torZteciricity Produced by the Fuctlity 7.1 Enemy PPL agrees to pay the QS for energy produced by One Pacihty azul delivered to the DJI ivery Point in accordance tvith.the rates and procedures contained in FPL's.approved Rate Schcdulc QS -2, attedied hereto as Appendix A, as it may be atncrtded:from time to time and pursuant'to th'e%olection orenergy,payment options as spedrfied in Appendix E. The Parties agree that this Contract: -hall hesubject 'to ell of the provisions contained :in Kate Schedule QS -2 as approved and on We with the FPSC. 7,2 Finn. Capacity FPL- agrees to pity the QS for the,finn capacity. described in Section 5 in accordance with .Ute rates mid procedures contained in Rate Schedule QS -2, attached hereto as Aplx nc ix A; as it may amended and approved from time to tittle by the FPSC, and ptnsuartt:.to the election of a capacity payment _option as specified in Appendix E. The QS understands and agrees that capacity payments wilt be -made under, the early capacitypayment options only ifthe QS.has Achieved the Capacity Delivery Date and is deliverirq; firm capacity and.energy to FPL. Once elected by the QS, the capacity payment option cannot•be clanged during the term of this Contract. 7.3 Payments Payments due ihe::QS will be made monthly and normally by the'twentieth business day following the end of the: billing period. 'A statement of the,lalowatt-hours sold by the QS and the applicable;avoided energy fate at which payments are being made shall accompany the pityment to the QS. .(Continued on Sheet No. 9:035) Issued by: Tiffany Cohen, Director, Rates andTariffs Effective:. 3une;9; 2020 �' 0 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 13 Attachment A Second 12e'<dced Shect No. 9.035 FLORIDA POWER Sr LIGHT COMPANY Cancels First Sheet Nei. 9.03{ (Continued from Shoot leo. 9.011) 8: Electricity Production and Plant Matatenance.Schedule 8.l During the term of this Contract, no Inter than sWy (60) days:prior to the Capacity Delivery Date and prior to April i of each. calendar year thereafter; the QS .shall submit. to F.PL in writing a'detailed plan of (a) the amormtof,finn capacity and energy to be generated by tlre'Facili'ty and delivered to die 'Delivery Poutt for each month of the following calendar year, and (b) the. time, duration and,traagrutude of any schedtrled maintenance periods) and any anticipated -reduction. in capacity. 8.2 ByOctober 31 of each calendar year, FPL shall notify the QS in writing wiltether the requested scheduled maintenance periods in the detailed plan are acceptable. If FP1.. object.,. to any ofthe requested schedulcd maintenance periods, F1TL shall advise the Q$ of the time period closest to the .requested period(s) when the cartage(s) can be scheduled. The QS shall schedule maintenance outages only during. periods approved by FPL, such approval not. unreasonably withheld. Once due schedule for nnaintemuce has been established and approved by FPL, either Party may request a subsequent chance in such scheduleand, except when such event is dire to Force Majeure, request. approval for such change from the other Party, such approval not to be unreasonably withheld or delayed. Scheduled maimetianee outage days shall be,litnited to seven (7) days,per, calendar year unless the manufacturer's recommendation of maintenance outage days for the fecluxrlogy and equipment used by the Facility exceads.such. 7 day period, provided, such number of days .is corn idered reasrntabic by prudent industry standards and does not exceed two, (2) fourteen (14) day intervals, one tri file Spurrkq mid one in the Fall, in any calendar ymr. The scheduled rrraintenairoe.vutage nays 6 plicabie for the QS are — days in the Sitting and hays in the Fall ofeachi �denditr year; provided die conditions specifiedinprevious sentence arc satisfied, In no cvcntshudl rrrandenance periods be scheduled during the following periods: June l through and including Octobar 31st and December i through and includirj'February 28 (or 29a' as the sass may be). 8.3 The QS shall comply scant reasonable requests by FPL regarding day -to -dray and hour -by -hour com urtication between the Parties relative to electricity production and maintenance scheduling. RA Mgmtch and Control R.A.1 The power supplied by the QS hereunder shall be in the form of duce -phase 60 Hertz alternating current. at.a nominal. operating voltage of—___ ,000 volts (.___--__ W) and power ,factor di.spatchable and controllable in the range of 85% Jagging to 85% leading as rueasured at die Delivery Point to rnat`ntaiu system operating parameters; as specified by F'PL. 8:4.2 At ali'times during the term of this Contract, the QS shall operate and maintain .thc Tacilityr (a) in such a manner as to ensure compliance with its obligations hereunder. in accordance with prudent engineering and operating practices and applicable law, and (b) with all system protective:equiprnent in service whenever the Facility is conm^cted to, or is.trperated in parallel with, M's system. The QS shall install at the Facility those system protection and control devices necessary to ensure safe and protected operation of all energized equipment during hornial testing and .repair, Tile .QS -shrill have qualified personnel test and calibrate all protective equipment at regular intervals in accordance with good engineering and operating practices. A tout fintctional trip test shall be performed alter each overhaul of the Facility's turbine, generator or boilers and the results shall be provided to FPL prior to returning the Facility to service. The specifics of the unit functioned hgin hip lest will be consistent with good eneering and operating practices: 8.4.3 tribe Facility is separated .from the FPL system for any reason, under Ito circumstances shall the QS reconnect the Facility into FPL's system without first obtaining FIVs prior.writlen approval. 8.4.4 During the term of this Contract; the QS shall t.mTloy qualified personnel for mmnaging, operating and maintaining the Facility and for coordinating such whit FPL. If tine Facility has it committed capacity gr- ter than 10 MW item, the QS shall ensure, that, operatirrit. personnel are.onduty at all times, twenty-four (24) hours a calendar day and seven (7) calendar days a week If the Facifity has a Committed Cnpocity equal to or less than 10 MW then the QS shall ensure that operating personnel are on ditty at least eight (8) hours per day from 8.AM EST to 5 PM EST from Moridayto Friday, with an operator on cart at all other hours. 8.4.5 FPL shat! at all titues be excused $om its obligation to purchase and receive energy and capacity hereunder, and FPL shall have the ability to require the QS to curtail or reduce deliveries ofenergy, to the e�;tent reces;✓an, (a):to maintain the reliability and integrity so is,likelyto endanger life or property, or (a) is likely to of any part r+f FPt's system, (tr) in the eycrii.ihnt.l"PL detenrunes da,at a failure to do . insult in significant disruption ofelectric service to l PL's customers. FPL shall give the QS prior notice, if practicable, ofitsintent to refuse, curtail or redact M's acceptance otenetgy and finu capacity pursuant to: this Section and will act to nminize the frequency and duration ofsuch occurrences. (Continued on Sheet No: 9:036) Issued by: S. E. Romig; Director, Rates and Tariffs E1Teclive: Sepletuber 13,2016 i'iS ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 14 (Continued from Sheet No. 9.035) Attachment A Third Revbied Sheet No. 9.036 Canctis Second Silect No. 9.036 8.4.6 After providing notice to the QS; FPI, shall not be required to purchase or receive energy from the QS during any, period in which, due to operational circumstances, the purchase or receipt of such energy would result in FPUs incurring costs greater than those whitll it would incur if it did not -make such purchases. Ail emample of such an occurrence would be a period during Much the load being served is such fitat the generating units on line are base load routs operating at their minimmu continuous ratings and the purchase of Additional energy wmild require taking a base load unit off the line and replacing lite remaining load served by that unit with peaking -type g gweration, FPL shall give the QS as much prior notice as Practicable of i0 intent .not to purchase or receive energy and firin capacity plusuant to this Section. 8,43.1f the Facility Im.,j a Contruitted Capticity less thart 15 NIW, control, scheduling and dispatch of finis capacity and energy shall be lite responsibility of tile Q& If the Facility has a Committed Capacity greater than or equal to:75 MNV, then control, scheduling and dispatch -of -farm capacity Arid energy thaii be the responsibility of the QS, except dining a "Dispatch Hour", i,e., any.clock:btAir for which FPL request., the delivery of such capacity and energy. Miring any M.5patch Hour,. (a) control of the Facility will either be by Sellcr*s manual control under the direction of FPL (whether orally or in writing) or by Automatic Ocneration Control by FIV, systcm control center as determined by FPL, and (b) FPL may request tlmt the real power output be at any level up to the Committed Capacity of Facility,, provided, in no event shall FPL require the real power output ofthe Facility to lie below the Facility's Mininturn Load tvithout deconmatting the Facility. The Facility shall deliver The capacity and energy requested by FPL vvithm minutes, taking into account the operatin limitations or the generating equipment as specified by the mantificturer, provided such tfuWP—Mod specified hereat is considered reasonable by prudent industry standards- for the technology and equipment betrig utilized mid assuming the Facility is Operating at or above its Minimum Load, Start-up time from CoIdShutdown and Facility'fummound tune front I lot, to Hot will be taken into consideration provided such are reasonable and consistent with Prudent industry pmcficcs for tile.- tectisiology mail equipment being utilized. Ilie Facility's Operating Characteristics have been provided by the QS and are set firth in Appendix D, Scetion.1v of Rate Schedide QS -2, 8.4.8 tribe Facility has it Committed Capacity OfICSS than 75 MW, FPL May require during certain periods, by oil, written, or electronic notification that the QS cause the Facility to reduce output to a level, below the Committed Capacity but not lower than the Facility's Minimum Load, FPL shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. '11te frequency of such request shall not exceed eighteen (18) times per calendar year And the duration of each request shall not exceed four (4) hours. 8A.9 FPL's exercise of its rights under this Section 8 shall not wive rise to any liability or payment obligation Oil die pmt of FPL, including Any claim for breach ofcontract or for breach ofauy covenant orgood faith and fitir dealing. CouripiclionlPerformantv Security The security contemplated by this Section 9 constitutes security for. but is not a limitation of, -QS's obligations bercurido and shall not be PPL's exclu:ive rumedy for QS's fadire to perform in accordance vivith this Agreem-cut, 9.1 A, security for the Achievement of tit` Ciumarviced Capacity Delivery Date and satisfactory perf6irnance of its obligations hereunder, the QS shall provide FPL cider: (a) an unconditional, irrevocable, standby Ictler of credit(%) with an expiration date no twiicr than the end of the first (l. -;t) antavcrsai), of the Capacity Delivery Date (or die next business day thereafter), issued by a US, commercial batik or the U.& branch of fopeigabank having a Credit Rating offs- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer'), in form and sub.stance accclAable to FPL (including provisions (i) permitting partial andliall draw-. and (ii) parntitting FPL to draw in full if such letter of redit is not renewed or replaced as required by the terms licroofat-least thirty (30) business days prior to its expiration date) ('Letter of Credit'); (b) a bund, issued by'a financially sound Company acceptable to FPL and in it form and substance acceptable 10 FPI, C'Borid'j; or (c) a cash collateral deposited with FPL (�,Cash Collateral') (any.of (a),, (b), or (6), the Completioulperformance Security shall be provided in the muount and by the date listed belokv; (ii) $50.00 per kIN' (for the number of MV of Conlutitted Capacity set forth in Section 5.1) to be delivered to FPL within five (5) bitshims cim-, ofthe Effective Dane; and (1>)$100.00 per W (for tile muliber ofkNV6fConuiittedCapacity set forth in Section 5J) to be delivered to FPL two }ears before the Guaranteed Capacity Delivery Date.. 'Credit Rmine means with respect to any entity; on any date of determination, the respective ratings then Assigned to ,well entity's unsecured, senior long-terni debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody's or other specified rating agency or agencies or if. such entity does not IVve a rating for its unwilred, sertior long-term debt or deposit obligations then the noting assigned to such entity as its 'corporaleerctlit rating" by SU. (Continued on Siteet No. 9,637) Issued by; Tiffany Cohen, Director, Rates and Tariffs Effective, June 5,2018 `Aio ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 15 Attachment A Ninth Revised Sliect No. 9.037 FTX)RIDA PONNTR & LIGHT COMWANY cancels Eighth Revised Sheet No. 9.037 (Continued from Street No. 9.036) "Nlo&* "`.means Moody's Investors Service, Inc. or its successor. "S&P" means Standard& Poors Ratings Group i,a division ol"I'lle McGraw - fill Companies, Inc.) or its succcssor. 9.2 The specific security instrument provided for purposes of this Contract is: Letter of Credit. Bond: O CashCollateraL 03 FPI: shall have the riot to morutor (a) the financial condition of the issuer of Letter ofCredil in the event any Letter of Credit is provided by the QS, and (Y) the insurer, in the case of any Bond.. In the: event the issuer of Utter of Credit no longer qualifies as Qualified Issuer or the issuer of Bond is no longer.financiallysound. FPL may require the QS 16 replace the Letter orCredili,or the Bond, as utter orcredit or bond.mitsi be issued.bya Qualified Issuer Or a financial ly Sound as applicable, Within- ten ithinten (10) business days following written liolifcation to the QS of the requirement to replace. Failure In, the QS to comply with the requirements ofildi Section 9.3 shall be groundq for FPL to draw in full onflitexisting Letter ofCredit or bond mid it, exercise any other rcmcdics:it may have hereunder. 9.4 Notwithstanding the foregoing provisions of this Section 9,. pursuant to FPSC Role 254 7.D91(4), FA,C., a QS qualifying as a "Solid to Section 377.709(3) or (5), F;S., respectively, imy use an unsecured written comraitinent or promise to pay in afarm reasonably acceptable to FPL, by the local gmemmatt vAlich owns the Facility or on whose behalf the QS operates the Facility„ to ware its obligation to achieve on a firnely basis the Capacity Delivery Date and the satisfactory performarft of its obligations hereunder. 93 FPL shall be entitled to draw die Security to satisfy any obligation or liability of QS arising pursuant to this Contract. 0.5A If die QS filits. to Uchieve the Capacity Delivery Date on or before the iwservice.dawof the Avoided Unitor such later date as permitted by FPL pursuant toSection 51.6, 1111, sbull be entitled immediately -to receive, draw upon, orretain, as the case maybe, one - hundred (10%) of the Couipletion! Performance Security as liquidated dainagos free from any daiml or right of any nature whatsoever of the y QS' including any equitor right ofrodemption bytite QS: The Parties, acknowledge that the injury that - t FPL. will suffer as a result 0fdalayed availability of Committed Capacity and energy is difficult to ascertain and that FPL u-myaccept succi sums as liquidated dmiagts and resort ,to any other remedies which may be available to it under law or inequity - M1 In the event that FPL requires the QS to perform one or more Committed Capacity Test(s) at any time on or before the first anniversary of the Capacity Delivery bate pursuant to Section 3.3 and, in connection with any such Committed. Callacity'rest(s), the QS fails to demonstrate a Capacity of at least orae -hundred percent (100%) of (lie Couiruitted Capacity set forth in Section 5. 1, FPL shall be entitled initnediately to receive, draw upon, or retain,, as the caw may be, one -hundred percent (100*16) of the CoullgetiontPerforounice Security as liquidated damages free frown 4any claull Or right of any IrAture whatsoever of the QS' includilig ;lily equity or right ofrederry)6011 by the QS_ 9.53 QS shall. promptly, but in no event more than five -(S) business days following any draws on the Crunpletion1perfonnamw security, replenish tile Completion/Perforniance Security to the anioltnts required herein, 9.6 The QS, as the Pledgeir of the Completion/Performance Security; hereby pledges to PPL,,%5 the secured Party, as security for the Achievement of the Capacity Delivery Date and satisfactory performance of i is obligations hereurider, mid gnints, to.FP.L lifirstpri ority continuing security interest. in,:lien. on and right of set-off against Ml CompIclionfPc&wmancc Security transferred to or received by FVL hereunder. Upon the trunsfer or return by FPL to tile QS of Cornpletion/pertbrintury security: tile security interest and lien granted, *rcundcron that C*mpletion/Performance Security will ly.- released immediately and, to the extent possible, withoun any further action. by eitherparty- (Commued on Sheet No. 9.08) Issuedby! Tiffany Cohen, Director, Rates and Tarifts Effective: June S,2018 �Ai ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 16 Attachment A First Revised Sheet No. 9.038 FLORIDA POWER & I IGHT COMPANY Cancels Original Sheet No. 9.038 (Continued frcnn Sheet No. 9.037) 9.7 In lieu of any interest, dividends or other amounts paid:or:deemed to have:been paid }with respect to Cash Collateral held by FPL (all of which may be retrained by FPL), FP.I, will transfer to the QS on, a tnont.My basis the interest: Amount, as, calculated by FPi.;. ".Interest Amount" means, with respect to each monthlyperiod, the aggregate stun of tlid ainounfs of interest Calculated for each clay in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows; (\) file amount: of that Cash Collateral on that day, multiplied by (y) the interest Rite in effect for that day, divided by (i) 360. "Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Federal. Funds Mertight Rate" means, for the relevant determination date, the rite opposite the caption "Federal Fuuids (Effective)" as set forth for tial day .in the weekly statistical release designated as H.15 (519), or any successor publication, published by the hoard of Cyoveni ms or the Federal Reserve S}%temn: if on the deternintion date such rate is not yet riblished in II:15 (519), the ,rate for that date will be the rate set ail. Composite 3.30 HK Quotatiorts for U.S. Govermnent.Securities for that day under the caption `Tederal FundslFlTeciive Rate." If on the determination date such rate is not yet published in either 11.15 (519) or Compersiie 3:30 Rm- QuoNtivns-fir U,S, Goverment Securities, the rate for thnt date will bc dctenrpncd m ifthe Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate: 10. 'termination tee 10.1 In the everit.that the QS receives capacity payments pursuant to Option B, Option C., Opfion.D or Option E (as such. options are defined in Appendix A and elected by the QS in Appendix F.) or receives energy payments pursuant to the Fred Finn Fnergy Payment Option (as such option is defined u)_Appendix. A and elected by the QS in Appendix E) then, upon the termination of thus Contrad, the QS "shall owe and be liable, to FPL -for a temnna im fee calculated in accordance with Appendix C (il)e `Termination Fee'). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract; FPL shall provide the QS, on 'a rnt_aitldy basis, a. calculation otthe Termination Fee, 10 i. h 17he Temunation Fee shall be secured (withtte exception of governmental solid waste facilities covered by FPSC Rule - 25 -17.091 in which case: the QS may use all unsecured written coimurtihrreiik or promise to pay, in a form rease nattily acceptable to FP:I:, by the local government which owns the Facility or on whosc behaLf.tte QS operates the Facility, to secure its obligation to.pay the Tcniiirradon Fee) by the QS by: (a) an unconditional, irrevocable, standbyletter(s) of ereditissued by Qualified Issuer in fora) and subs acceptable to FPL (including provisions (a) pmcrmdtin partial and fuhi.draws and (b) penrnttirrg PPL to draw upon such letter o£eredit,-ittf)t11, ifsuch letter of erediris not renewed or replaced atleast thirty (3{i) business days prior to its expiration date, C7,ennination Fee Letter of Cn:dit'5; (b) a. bond, issued by a financially sound company and in a form and substance acceptable to FPL, (renuination Fee Bond); or ((c) a cash collateral -deposit; with M e7crnmination Fee Cash Collateral') (any of( a ), (b), or (c), .the `Termination Security'). 10.1.2 The speaifir security instrument selected by the QS for purposes of this Contract is: ()'remtinati'on- Fee. Leiter of'Credit )" renninationTee Bond ) Termixtation Fee Cast) Collateral 10;1.3 FPL &bell 'have the right to monitor the financial condition of (i) the issutct of a Termination Fee Letter of Credit in the case of any Termination Fac Letter, ofCred t anti (ii) the inn cx(s), in the arse of any Termination Fee Bond. In the: eventth,c issucro£a. Tenumation Fee Letter of-CrO k.is no longer a.Qualified"Wutr or the issuer ofa Tertu)ation Fee Bond is no longer fmartcially.sound, FPL may require the QS .to replace the 'renuination 'Fee Letter or Credit or the Termination Fee Emrich; as applicable, to the event that FPL notifies theQ9that it requires such a replacement; the replacement'Tennirnation Fee Letter o£Credlif or Tenninrtion Cee Bond, as applicable, inusl bc`isucd l?Y a QuriliGed Is uer or fraianoially sound company wifhiti ten (t t7) bur ane s -drys folton7t>g ateim rtotiticatioti. Faih)rebyihc QS -to complywith the requirement,% ofthis Section 10.1:2 shalt be grounds for FPL to draw in full on anyexisting Ten)unation Fee Letter of Credit orTerinination Fee Pond and to exerci-w, any otter'retnedics it may have hereunder, (Continued on Sheet No, 039) Issued by; S. E. Romig, Director, agates and Tariffs Effective: September 13j2016 H5 v ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 17 Attachment A First Re,.,ktd Sheet Pio. 9.039 FLORIDA T'0WER .4r I.JGW COMPANY Cancels Original Sheet .No. 9.0:19 (Continued from Sheet"No. 9.035) 10.1.4 Atter the close of each calendar quarter 04arch 31, June 30; September 30, and December 3'1) occurring subsequent tb the Capacity Delivery Date, the QS shall provide to FPL within ten (10) business, days of the close of such calendar rpu�rtter with written as rrnrtice and dacurnemauon (the "Security Dax;untetuation"), in form ar d substance acceptable to FPL, fiat the anxtiiint of the rtxrst recently provided Termination Security is niflicient'to cover the brdanoc of the Temtination Fee, In addition to Gte foregoing, s't any atrte_duattg tate term of this Contract, FPL shall have tare right to request, and the QS shall be obligated to deliver within five (5) busing days of such request, such Secnitity laocumentation.:Fail re by the QS to comply with tfta requiretrlents of this Section 10x.3 dull be p,rorurt4s for FPL to draw in full on any ekisting Termination Fee Letter of Creditor Temrination Fee Bond or to retain any Termination Fee rash Collateral; aril . to exercive any other rerucdics-it. may have hereunder to bc:apptied against any'ferarunation Fee that array be:dae and owing to EPL or that may in the More be due and owing -to FP.L, 10:1:5 Upon any teragination of this Contract'folloivnip, the Capacity DOIivery;Date, 'FPL strati 1 b entitled to receive ( and int he case of the Ternunation Fcc letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit: or.TerminatitarFee Bond) and retain one. hrurrh cl.facrcEurl: (100%) of ihc'ferrrntrat on. Security to be applied against any Termination Pee that ntaybe.due Arid owing to -FPL or tharmay in the future`bc this and owing to FPL. FPL will natnsfer to the QS arty proceeds and Tarritdnartiou Security remaining rafter liquidation, set-off andfor application under Ills Article .after satisfaetion in- full of all amounts payable by, -the -_QS with respect to any Tannination.Fee or other obligations due to FPL; the QS in events will tentain liable for anyarhroruds reirisaining Unpaid, after a anyliquidation, set-off anchor application under this Article, 10.2 The QS, as the Pledgor of the Termination Scrarrity, hereby pledges to FPL; as the secured Party, as security for the Termination Fee, and gr5nts to FPL a first priorify continuingsecurity interest in, Tien on and right of set off against all Ternwtalion Security transferred to or received by PPL hereunder; Upon the transfer or return by FPL to the QS of'Terninration Security, the security iritered and: tient granted hereunder on that Tenttination Security will be released inunediately and, to the emeat possible, without any further action by either party, - - 10.3 Julien ofa�interest, dividends or other anio ants paid or deed to have been paid with respect to Ternunation_Fee Cash - Collateral held by FPI.: (all:of which rally be retainers by FPL), VPI., will transfer to the QS on a tooliddy basis frte Interest Agnount, Purnmau to Section 9.7. It. Performance Factor FPL desires to provide an incentive to Elie Q5 to operate rite Facility during on -peak and otP-pea6 -periods in -a ntarnrer whiolr approximatesihe projected performance of FPL`s Avoided Unit. ;A formula.to achieve this objective is attached as.App rtrlix B. (Con mired on Sheet No, 9.040) Issued by: S. F:Romig,> I,rector, Rates and.Tariffs. Effective:: September 13;2016 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 18 Attachment A Fourth Revised SlieetNo. 9.040 1T LORi1)A PONVER & LIGHT COMPANY Cancels Third Revised:SheetNo.. 9.040 ;(Continued from Sheet'No. 9.039). 12. Default Not.witlustanding the occurrence of any Force Majeure as described in Section 14, each ofthe. following shall constitute an Event of Default: 12.1 The QS f ails to meet the applicable requirementsspecified in Section l of this Contract.; 12.2 lie 09 changes or modifies the Facility from that provided in Section 1 with respect to its lype, location, technology or fuel source, without prior minen approval from FPI.,; 12:3 Atter the Capacity Delivery Date, the Facility faits. for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, as described in Appendix li, of at least ?0° o 12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Cornpletion<perfotmance Security). 12.5 The QS fails to comply widn anyofthe provisions of Section 10.0 hcteof (Tettrrination Security);, 12.611e QS ceases the conduct of active business; or ifpromdings raider the:fedenil bankruptcyiaw, or insolvency laws shall be inslinttad by or for or`against the QS or if a receivcr shall be appointed for the QS or tiny *fit, assets or properties; or if'any part of the QS's assets shall be attached, levied upon, ercurnbemd, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof; or if the Qs swill mike: an.assignmeru for the benefit of creditors, or adruit in writing its inability to pay its debts as they become due, 12:7 The QS faits to give proper assurance acceptable to FPI, of adequuateperformance &,; specified under this Contract within 90 days after FPL; with reasonable grounds for insecurity; has requested in writing such assurance-. 12.8 '1'he QS materially Lids to perform as specified under this Contract, including, but not limited to, the QS's; obligations under any. part.of Sections 8, and I& 129 The QS faits to achieve the perrtnitting; licensing, certification; and all federal; state azul -local governmental environmental and licensing approvals required to initiate construction of Ute Facility by no later than one year prior to Guaranteed Capacity Date. 1210 The QS fails to comply with any of theprovisions of Section :18.3 hereof (Project Management). 12.11 Any efthe representations or warranties made by the QS in this Contract is false or tunsleadung:in any material respect. 12.12 The occurrence of an event of default by the QS tinder the Interconnection Agreement .or, any applicable Wheeling' Agreement; 12.13 The QS fails to satisfy its obligations under Section 18.14 hereof (Assignment).. .12.14 The QS fails to deliver to FPL in accordance with this Contact any energy or firm capacity required to be delivered hereunderr or the dcliveryor :stole ofaity such energy and'firm capacity to ani=entity oder than FPI.. 12.15 The QS fails to periorsnany material covenant or obligation under this `Contract not specifically mentioned in this Section 12. 12,16 it at any Time after the --Capacity :flivary hate, the QS reduces'the Ciannuitfcul,Calwciiydcte to-trtr eyeni of Force Maicure and: fails to repair the Facility and reset the Committed Capacity to the level set forth in S&tion 5:1 (as such level may W reduced by Section s 3) within twelve(11)months following the Occurrence cif such -event of Force Majeure. (C'outuwed on Sheet No. 9:041) Issued by! IS, P. Roinigi Director, Iivatet and Tariffs Effective: September 13, 241;8 l (2, ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 19 Attachment A I±trct Revfced Sheet No. 9.041 TI.ORTDA POWER & LIGHT CO\TPANY C,aricelc Original Sheet No. 9.041. (Continued Crain Sheet No..9.040) 13. FPL's Rights in (lie Event of Default 13.1 Upon the oecurreuceofany of the Evmnts o£Aefntdt in Section 12, FPI, may. (a) terminate this Conntract, uiduont penalty or finiiter obligntion, except. os sot forth 1 1 Section 13.2, by written notice to the QS, and offset. against any payment(;:) due :from FPI, to the QS, may monies oduenvlse due from the QS to FPI..; (li) draw on the CompletionlPerfarmance'Security pennant to Section 4 or collect Bre Temuiration Fee Pursuant to Section 10 as applicable, and. (c) exercise any other remedycles) which may be Available to FPL at law or in equity. 13.2 In the case of an EventorDefani% the QS recognizes that Any remedy at law maybe inadequate because this Contract is unique and/orbecause the actual damages of FPL may be difficult to reasonably ascertain. Therefore, the QS agrees that FPL shall be entitled to pursue an Action for specific performance, And the QS naives all ofits rights to Assert as a defense to such action that FPL's remodymt low is ndequate. 13.3 Termination shell not affect the liability of either tarty for obligations Arising Prior to such termination or for damages, if any, resulting from any breach ofthis Contract. 14. Ind emniricationfLim Its 14.1 FPL and the QS shall each be. responsible for its own' facifities. FPL 'and due QS shall each be responsible for ensuring, adequate safeguards for other FPL customers, FPI, s and the QS's personnel and egtgpment, and for due protection of its own generating system. Subject to sectiaa.2.7 Indemnity to C,oropany, or section 2.71 Indemnity to Company - Governmental, FPL's General Rules and Reguiatiams.of Tariff Sheet N6:6:020 each party (the "[ndernnifyinq Party') Agrees, to the extent pennitted:by Applicable law, to indemnify, pay, defend, and hold harmless the other Party (the "Indemnifying Panty') and its officers, directers, employees, agents and contractors (hereinafter called respectively, "FPL Entities" and "QS Eniities') from mrd Against, Any mid All claims, demands, costs; or expenses for'loss, damage, or injury to persons or, property of the Indemnified Party (or to third,partict) caused by, Arising out of, or resulting from: (a) n breach by the IndcinniI)ing Party of its coveiinnts, representations, and warranties or obligations liercvndix; (b) any act or omission by the hndexmuif)itug Pavy or .its coutractm, Agents, servants or employees in connection with Ute installation or operation of its generation system or the operation 0uereof in connection with the other Party's system; (c) any defect in, failure of, or.fnuilt related to, the Tndemnif)'ing Party's generation systema; (d) lire itegligena or willfid misconduct of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other event, act or incident, including the transmission and use of electricity, that is the result of, or proximately caused by; theeindemm Eying Party or its contractors,, agents, servmns or employee', 14.2 Payment by an Indemnified Party will not be a condition precedent to the obligations of the lndemnif)in¢ Party under Section 34. No Indemnified Party under Section 14 shall settle any claim fornhich it claims indemnification hereunder withont first allowing the indemnifying Party the right to defend suds a claim. The hndcmnifyirg Party shall have no obligations under Scction.14 in the event ofa breach of the foregoing sentence by the Indemnified Party. Section 14 shall survive terntination of this Agreement. 14.3 Limitation on Cxmsequentinl, incidental and.lndirect r}untges. TO THE FULLF,ST EXTENT PERMITTED BY LAW, NEITHER THE QS NOR FPI„ NOR THEIR RFSPECiiVE OiFICERS, DIRECTORS; AGENTS., EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR. AFFILIATES, SUCCESSORS OR ASSIGNS; OR ITIEIR RE3SPE?<'IIVE OFFICERS, DiRECTORS, AGENTS, rkll' .GYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO 714E OTHER PARTY OR THEIR RESPECTIVE OFFICERS,, DIRECfORS,AGENIS, EMPLOYEES,'MEMBERS, PARENTIS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS SSSORS OR ASSIGNS, POR CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL. INDIRECI'„ SPECIAL, PUNITIVE, MULTIPLE OR CONSEQUENT AL DAMAGES CONNECTED WITH OR RESUMNO FROM PERFORMANCE OR NON-PERFORMANCE OF THiS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THISCONTRACT, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES WHICIi ARE BASED UPON CAUSES OF ACTION .FOR BREACH OF ,CONTRACT; TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, .STRICT LIABILITY; STATUTE; OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAiD EFRFUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE, REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES GONSTffUTE A REASONABLE APPROXIMATION OF THE ANTICIPATEDHARM OR LOSS. IF NO REMEDY OR MEASURE OF DAMAGES IS .EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO .DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND :(Continued on Sheet No. 9.041) Issued bv: S. F. Roinig,.Dlrector, Rates:and Tariffs Effective: June -15,2013 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 20 Attachment A Second Reaised Sheet No. 9.032 FLORIDA POWER fie LIGHTf COMPANY Cancels First Street No. 9.092 (Continued from Sheet No, 9.041) ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN FQU.rl-Y ARE WAIVED,, PROVIDED, HOMjFVER THE PARTIES AGREE THAT THE FOREGOING 1.1MITATIONS WILL NOT IN ANY \VAS' LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PARTY CLAIMS ORTHE LIABILITY OFA PARTY 'WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISLI)NDUCT THE PROVISIONS OF THIS swrim SHALL APPLY REGARDLESS OF FAULT AND S'HALh, SURVIVE TEPW1NATION, CANCELLATION. SUSPENSION, COMPLETION, OR EXPIRATION OF THIS CONTRACT. NOTHING CONUAINED IN THIS AGRFFMENT SHALL BE DEEMED TO BE A WAIVER OFA PARTY'S "RIGHTTO SEEK INR7NcnV E RFLiF..F. 15. lnimrance 15.1 The QS shall procure or cause to be procured, and shall maintain throughout the entire term of this Contract, a policy or policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively. the "QS Insurance), A certificate of insurance shall be delivered to FPL at least fifteen (15) calendar days prior to the start of any interconnection work. At a minimum, the QS ittmirance shall contain (a) an endomement providing coverage, including products'liability/completed operations coverage for the tens of this Contract, mid (b) a broad form contractual liability endorsuimcni covering 'liabilities (i) which might arise under, or in the performance or rmnperromrnnea Of, !his Contract and the interconnection Agreernent, or (ii) caused by operation or. the Facility or any of the QS's equipment or by the QS's failure to maintain the Facility or the QS's equipment in satisfactory and safe operating condition. Effective at least fifteen (15) calendar days prior to the synclwonization of the Facility Rall FPI; s system, the QS Insumnoe shall be amended to include coverage for intermoon or curtailment of Power supply in accordance rritlt industry staruittrils. lYitiwrn limiting the foregoing, the QS Insurance roust be reasonably acceptable to FPL. Any'premium assessment or deductible shall he for the account of Ilse QS and not FPL. 15.2 The QS insurance stall have a m4 innun limit of one million dollars (SI,000,000) per occurrence, combined single limit, for bodily injury (including death) or property damage, 15.3 in the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable, such muwailabilily shall not constitute an F,veni of Default wader this Contract, but FPL and the QS shall enter into .negotiations' to develop substitute protection which the Parties in their reasonable judgment deem adequate. 15.4 To the extent that the QS Insurance is on a "claims made" bass, the retroactive date of the policy(ies) shall be the effective date of this Contract or such other date as may be agreed upon to protect the mterests of the FPL Entities and the QS Entities. Furthermore, to the extent the QS Insurance is on a "claims made" basis, the QS's duty:to provide insurance coverage shall *survive the terminationof this Contract until the expiration of the maximum statutory period of hnutations in the State of Florida for actions based in contract or in tort. To the extent the QS Insurance is on an `occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the tern of. .this Contract. )S3 The 0S Inmuance shall _provide.that it may not be cancelled or materially altered without at least thirty.(30) calendar days' written notice to FPL. The QS shall provide FPL with a copy of any material. communication or notice related to the QS Insuiiance within ten. (i 0) business hays of the QS's receipt or issuance thereof. 15.6 The QS shall be designated as the named insured and FPL shall be designated as an additional.named insured under the QS Insurance. The QS Insurance shall be endorsed to be primary to any coverage maintained by FPL 16. Forte Majeure Force Majeure is defined as an event or circumstance that is not within the reasonable control of or the result of the negligence oL the affccicd party, and which, by the exercise of due diligence, the affected party is arable to overcome, avoid, or cause to be avoided in it commercially reasonable manner. Such events or circuunstances :may include, but are not limited to, acts of God, war, not or insurrection. blockades, cmbargocs, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, huniewims, flood. ,strikes, lockouts at other labor disputes, difficulties (not caused by the failure of the affected party to comply with the terms of a collective bargaining agreement), or actions or restraints by court order or governmental authority or arbitration award. Force Majeurc shat) not include (a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdomar or inability to use equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otheriiise caused by an ovenLorlgir sting in the Facility; (c) ) a failure aCperfonnance'of airy other entity, including any entity providing electric trartsrrtission service. to the QS, exeepl-to the extent that such failure was Daubed by an event that would otherwise qualify as it Force Majeure event, (d) failure of the QS to timely apply for or obtain pertrtits. (Continued on Sheet Nm 7.043) Issued by: S..E Romigi,Dirertor, Rates and Tatri€fs Effedive: September, 414016, 22 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 21 Attachment A Dirst Revised Slivel No. 9.043 MAMMA PONVER & LIGHT COMPANY ComkOrighrall Shett No. 9.043 (Cortfinatcl liato Sheet Nm 9.042) 16.t. Except is otherwise provided in this Contract, each party shall be cxotiscrl from performance when its noliperforinance, was caused, directly orindirectly by an event of Force Majeure. 16,2 fit the event of any delay or nonperformance resulting from an event of Force Majeure, fit.- party Claiming Force Majeure shall notify the other party in Writing Withiriltvii (2) Inisine,.;s days of the occurrence orille event OrForw Majeure, ref the stature,. cause, dare of commencement -thereof and the anticipated extent ofsuch delayand shall inchoate whether any deadlines or date(s), imposed hereunder may be atrwted thereby, The suspension of Infrolultilice shall be of no Slower Scope and of 110 greater duration than the clue 154"n, the Force Majeure rectlaires. Aparty claiming Force Majeure shat( not be entitled to any relief therefore unless and until conforriting notice is provided, 'File party Wailuing Force Mujeuri shall notify the vitto- paity, of thc c-ossulioll of tile cycal of Force 1%'[UjttffV VY of Olt conclusi'vil of ale affectedparty's cure for the event ofForce Majeure, in either rase within two (2) business days diereof. 163'the party claiming Force Majeure shall use its best efforts to cure die catisew prcvenfirig:its periormartoe orthis contract, ptovicied, hovvever, ale settlement of strikM lookolits and other labor disputes shall W entirely %!thin the discretion of the affeted party, and touch party shall not be required to settle such strikes, lochouts or other labor disputes by -acceding to dentandsm-fich such party deems to be unfavorable, . 16A If Hie QS suffers an occuircure ofart event of Force Majeure that. reditices the generating capability of. the Facility below (lie Committed Capacity, the QS may, upon notice to FPL, toniporatily adjust the colurnitted Capacity as provided in Sections 16,5 and 16A Such adjustinent shall be effective the first calendar day immediately rollowing FPL's receipt of. Hie lattice or such later date as may be specified by the QS, Funhermore,sitob adjustment, shall be The minimum amount necessitated by tile event of Force Majerre. 16.51f the Facility is tendered completely inoperative as a result of Force Mtkietire. tile QS shall teurporatily set, the Conirnitted Capacity equal to 0 KNXT until such lim-- as the Facility can partially or fully operate at the Cormardled Capacity Heil cxisled prior to The Form Majeutc. if the Conintitted Capacity is 0 KNA1, FPL shall have no obligation to make capacity payments, hereunder, 16,6 If at any time during die occurrence oran cvcnl of"Foloc MitJ clot or charria its cure, theTacilitytan partially or fully opmle, then the QS Shall remporwily set the Committed Capacity at the mcedmum capability that. the Facility can reasonablybe- expected toopenic. 16.7 Upon the cessation ofthe cverit of Farce Majeure or the conclusion of fly cure for tile event of Force Majeare'the Cormirifted Capacity shall be restored to the CAnutilitled Caparily that existed innuediately prior to the Force Majeure. Notwithstanding any other provision of this Contract, upon such cessation or cure, VI'll shall have the right to Fectairea Cormnitted Ca yacit-, Test to derri6ris"te die Facility's compliance with the iciffirelumits ofthis section 16.7. Any Committed Capacity Test recliliked by FPL under dibs Section skAl be additional to any Corranitted Capacity Test under Section 53. 16,8 Dining -tile occurrence of an event of Force Majeure and a reduction in Committed Capacity tinder Section 16.4, all Monthly Capacity Papilents shall reflect, pro rata,'the reduction in Cominitted capacity, laid the Monthly Capacity Pavilleittl will contintle to be calculated in accordance with the pay -for -performance provisions in Appendix 13. 16.9 Tile QS agrees to tie responsible for and. pay the costs necessary .to reactivate the Facility arWot the mterconriection with. FPL's system if the same is (do) tendered inoperable duo to actions or the Qs, its agents, or Fmc* hiqjewc events affecting �ig th L QS, the racilily or die interconnection with FPL. FFL agrees to reactivate, at its own cost, the interconnection Willi tile Facility in circumliances Where any iriterruptiorts to such interconrectionsale caused by FPL or its agents. A Representations, Warranties, and Covenants of QS The QS represents and warrants that as of the EtTective Data raid for the term of this. Contra& 17.1 Organizalic-di, Standing and Qualification The QS is a . ......... .... . .. (emporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the Jaws of and has.rdl,neoessary power andaiabority to carry on its business as presently conducted, to own or hold trader lease its properties and to enter into and perform its obligations under this Contract and all other related document-, and agreements to which it i.,,:or sh-all be a Party. The QS is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein tile nalurc of its business and olicnifims or the character of the properties owned or ]eased by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligation-, under this Contract or Would result in a material liability to or would have a material adverse effect on TTL (Continued on Sheet No, 9,044) Issued by: S. L Romig, DirtttorRnlesund Tariffs Mcilive: August 18,2009 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 22 Attachment A Second Revised Sheet: No. 9.044 r,IA)RTDA POWER & I,IZ :IIT CONAPAW Cancels First Sheet No. 9.043 (C'ordira e—d from Shed No,.4A43). 17,2 1?ue.AulInSriratiart No Approvals, No Dcratflis, etc: Each 'of the execution delivery and performance by the QS of this Contract'lim been duly'authorized by all necessary action oil file part of QS, dors net :require any approval, except as Inas been heretofore obtained, of the (shareholders, partners. or others as applicable) of the QS or any consent of or approval from any trustee, lessor or holder ofany indetrtcduess orother Obligation of the QS, except for such its have been duty Obtained, and does not contravene or constitute a default under any law, the (attieles of incorporation, bylaws, or other as applicat-le) or the QS, or anty-agreetucaa, judgnicni, injunction, order, decree or oiler instrument binding upon the QS, or subject the Facility or any component part 0terroftoany lien outer than as contemplated o permitted by: this Contract. flus Contract cunsUlikles QS's legal,.valid and binding,obligaGtm, enforceable !, : lstit in aoeordwpo, Jith the terms hereof, except as such enforceability may be limited by applicable bankniptcy laws from time to time in effect that affect creditors' rights.gerieral.ly or by general principles of equity (regarclless of whether such enforcement is considered in equity or at law). 17:3::Compliance with Lawsr The QS has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. The QS is in compliance with: all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material. :adverse effect on the QS or FPL. 17.4 Governmental Approvals Except as.expmssly contemplated herein, neither the execution and delivery by the QS of this Contract, nor the consurtirnation by the.QS of any of the transactions contemplated thereby, requires the consent or approval of the giving of notice to, the registration with, the, recording or filing of any document with, or the taldng of any other action in respect of governmental authority, except in respect of fiermits (a) which have already been obtained and are in frill force and effed or (b) are not yet required (and with respect to which the QS has no reason to believe that the same ivill not be readily obtainable in the ordinary course of business upon due application therefore). 17.5 No Suits, proceedings. There: are no action, shits, proewfinp or investigations p n ding or, to the knowledge of the QS, threatened against it at law or in equity before -any court or tribunal of like, United States or any otherjans&fi nrwhich individually or in the aggregate could result -in any materially adverse effect on the QS`s business, -properties, -or russets or its condition, financial or otherwise, or inrany impairment of its ability is perfcmn its of ilaatic newt ler dais C t+ntract. The QS has no knowledge Ora violatiork or default with respect to any law whichcouldresuh- in any sttcii materially adverse efi'ect or impaiinncWt The QS is octan breach of, in defoult under, or in violation of, any applicable Law, or the provisions of any authorization, or in breach o& in defaulta ndcr, or in violation o& or in conflict with any.provision of any promissory note,-indentire or any evidence -of indebtedness or seeurily therefore, lease, contract, or other agreement by which -it is boruai, except for airy such breaches, defaults, violations or conflicts whited, ,individnally or in the aggregate, could not reasonably be expected to have a material adverse effect on elle business or financial condition offtyur or its ability to prrfotni its obligations hereunder. 17.6 Envircvtmental Nutters 17:6.1 QS:Representations To the best of its kwwiedge aftef diligent irigtury, the QS knows of no (a) wdsting violations of tiny euviromnental laws at. the aeiliry, including thosegoverninghazardous materials or (b) pendingongoing, or tairei olvedadministrative.or enforcement investigations, compliance orders, claims, demands, actions, or other litigation brouglilby govenmilental authorities or otter third parties alleging violations of: any environmental law or permit which .would materially and adversely affect the operation of the Facility as contemplated by this Contract: 17.6.2 Ownership and Offering For Sale Of Renewable .Energy Attributes The QS retains_ any and all rights to own and to sell any and all environmental attributes associated with the electric generatic.. of the Facility, including but not bruited to, any and all renewable energy certificates, "green tags" or other tradable enilronmental.interests (collectively "RECs'j, of any description. (Continued on Sheet No. 9.045) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: August 18, 2009 L -2A ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 23 Attachment A Tbird'RtA.will Silica No. 9.045 F ORTIM i'MVER & LICTiT COMPANY C,anceta SeeoindRevised tShicet No. 9.035 (Conlimued from SbectNo.,,9.044) 13.63 Changes in Environmental and Governmental Regulations If new emtirorurnentat and other regulatoy requirements enacted during the tans of the contract dangc.FPL's full Avoided cosi or tine unit on which file Contract. is )rased, cithcr party canelect to have the contract reopened, 17.71ntercoimertionRWllcelm¢ Agreanent The QS has executed in intercounedign a9rcenteii with FPI„ or tepresents or warrants that it has entered into a valid and cofurccabfe hnterconnecticar Agreement with the utility inwhose <crvice tariloty the facility is located, pursuant to which .the QS avalmes contractual responsibility to make any mrd all ttansitissiou-related arrangements flIcludingr conttoi area services) between dieQSand.the transntitting utility for delivery of the Facility's capacity all d.energy to FPL: 17.8 Technology and Generator Capabilities That for dte:teim of this Contract die Technology and Generator Capabilities tattle set"forth in Section 1 is accurate and complete. 18. General Provisions 18.1 Project Viability To a si.q WL ill a sscssing the Q3's financial and technical viability, the QS shall provide the infomtation and documents requested in Appendix b or substantially similar document,, to the extent the documents apply tothe type of Facility covered by this Contract, and to the extent the documents are available. All documents to be considered by FPL niust he submitted at the time this Contract,is presented to FPL. Failure to provide the following such documents may result in a detennination of non -viability by FPL., 18.2 Permits, Site Control The QS hereby agrees fo obtain: and:mainfain Permits which the,QS is.required to obtain as a prerequisite to engaging in the activities specified in 'this Contract. QS shall also obtain and maintain Site Control for the Term of the Contract. 1$3 Project Managemcnf 183.1 If requested by FPL, the QS :shall sulmrit to PPI, its integrated project schedule for FPL's review within sixty calendar days fruin the execution of this Contract, and.a start-up and lost sxhodule for the Facility at lemd, sixty calendar days prior to snag -op and icsting of the Facility. Thea mlic(l rles shall idcaril'y key licensing, pamliding, eon4rlction and Operating milestone dates and activitima, if retpiessed by FPI., the. QS shnll submit mlit prtgrc:,s reports in a fort mlist'aclory to FPL every, calendar month until the Capacity)>ehvay Nit and shall notify FPL orally changes In such schedule; within ten calendar days after such changes are detamined. FPL shall have the right to monitor the construction, start -tip mid testing of the Facility, either on-site or air- sitc: FPL's technical review and inspections of the facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as any waranty as to die safety, -durability or reliability of the Facility. 1932 The QS shall provide FPL with the final designa'stnranufacuna's generator capability curves, protective relay types, proposed protective relay settings, main one -line diagramik protective relay flniclimai diagrams, and alternating current and dirge -current elementary diagrams for review and Inspection at FPL no later than onehundred eighty calendardays priorlotthc initial synchronization date, I SA Assignment. This Agreement shall inure to the benefit of and shall be binding upon the Parties mid their respective stccecsos and assigns. This ngree»att shall not be assigned or transferrer) by either Porty withot thepriea written eonsait of the other Party. slat consent to be granted or withlicld ill such other Party's sole d srreliun. Any direct or indirect change of control of QS (whethervoluntary or by operation of law) s ball be deemed mi assignment mid shall require the prior wTltt.en consent of FPL. Notwithstanding the foregoing, either Party may, without (lie consent of die other Party, assign ortransfer this AgreanenC (a) to. any lender as collateral security. for obligations under any financing documents entered into with such lender. provided. QS shall be recjwnsiblefor FPl,'Srerstxtablecnats and evpahses as.40cfatod Uilh thercview, negotiation, execution aid delivery orally documents or information pursuant to such collateral assignment, including rawrinabli; ahomeys,' tees (b) to an affiliate of such .Party, hrvrvide.A that such afflhdc's: mifilworthiness is equal to or boner than that of stud Party (anti ill no event less than: invesgnart. Caade) as determined reasonably by the nor-m*ignmg or non-tran0'erting Party and: fptividvt further, dim any cinch 2t0liatc shall agree in writing to be bound by and to assunic the terms and conditions hereof and any mrd all obligations to the non -assigning or non•tmnsfarng Party arising or Accruing horemder from and after the date of such'asstmrption. "la%Wmair. Grade" means 131113 -'or above from Standard & Poor's Corporation. or 11aa2 or above from Moody's Investor Services. 18.3 Disclammer Til executing this Cotttact, PPL does not, nor should it be coustmed, to extend its credit or financial suppott for the benefit of any third partles. lending money to, or having other transactions with the QS or:myassignee of tis Cantracl. (Continued on Shect No, 9,0016) Isetted by. S. L Romig, Director, Rates and Tariffs Wedive: September 13, 2016 ('25 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 24 FI ORTnA POWER & LIGHT COINVANY ;(Continued from Sheet'No. 9.045) 48;6 Notification Attachment A First Revised Sheet No. 9.046 C incels'OrigfnalSheetNo. 9,046 All formal notices relating to. tWs Corutract:shall be deemed t.dy'given when delivered in person, or seat by registered'or certified mail, or seaitby:fax.if followed immediately with a copy sent by registered or certified mait; to the indirnduals designated below. The Parties designate the following individuals'to be notified or to whom. payment shall be sent until such time as eitier:Party :funiishes the other. Party written insmactions to czmtactaaiothet indit7d€ial: For the QS: For FPI:: Florida Power:&.Light Compar€y 700 Universe( Boulevard Juno Beach; FL 33408 Attn: EMI' Contracts Department This signed Contract and All related documents may be presented no earlier than 8:00 a.m. on the effective date of the Standard Offer Cxmtrnet; as oetennined by the 1:PSC.. Contracts and related dockarients may be mailed to the address below or delivemI d€rring :nonnd business hours (8106, a.€n._to 4:45 p,m) to the- visitors' entrance at the address Wow. Florida Power & Light Company 700 Universe Boulevard,Juno Beach, Fl, 33408 Attention: Contracts Manager/Coordinator EMT Contracts Department 18:7 Applicable Law This Contmet shall be construed in accordance with raid governed by, and the rights of the Parties shall be construed in accordance txifl , the laws of the State of. Florida as to all matters; including bin not limited to matters of validity, construction, effect, perforam"Oe and remedies, without regard to conflict oflaw rules thereof. 18:8 Venue The Partiecl€et"eby irrcvoc4bly stibittit to the exclusive jarisdiction of the United Stag District, C.cmri for the Souther District of Florida or, in the event that jurisdiction for any matter cannot be essttblished in die United States District Court for the Souther liistrict of Florida, in. Um state wm$'for. Paha Beach Cvfudy; Florida, solely in respect of the interpretation Und a€tfmVernmd of (he protisicnu of this Contract and of the ducuntents;r.efetred to in this Contract, said in respeet of the transactions contemplated hereby, and hereby waive, and agreenotto acvery as a defense.ln any action, sunt: or proceeding W the interpretation at enforcementhereofor ofany inch docarue n, that it is not sni ecu"thereto or that such action, suit or proceeding may not be brought -or,is not maintainable in. said ,courts or.0wt;the venue thereof may not be appropriate or tlaut-'thisContract or. any such document may not be enforced ill or by -'uc , courts, nand Ute Parties hereto irrevocably agree that 611 clair - with respect.to such action or proceeding shall be heard and deteralined insucha court: The Parties hereby onnsentto and grant any such court j€nisdiction over the Jim. ons of such Parties solely for ;such pulp Esc and:over the stilajeat rrrtttcr ofsuch_ dispute and agree that mailing oc process or other p'apersin connection with any such action or proceeding in the:mannerprovided in Section 18,8 hereof or -'in such other- mmin a as may be pennilfed by Law stroll be valid and sufficient service thereof, (Continued on. Sheet No, 9.047) Issued by~ S. F. Romig, Director, hates and Tariffs Fffedive. October 4, 201:1 I ' 2( ORDER NO. PSC -2021 -02,52 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 25 FWRII)A PONNIFR4. LIMIT COMPAW (Continued from Shoat No. OV(i) Attachment A Mrst Re,.istd Sheet No. 0.047 canctis "Inal Sheet No. 9.447 1840 Waiver ofluryTrial. ISAM PARTY ACKNOWLEDGES AND AGREES THAT ANY CONITROVERSY WHICH &UNN ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HERFBY IRREVOCABLY AND UNCONDITIONALLY NVA IVESANY RIGHT A PARTY r%IAY HAVE TO A TRIAL BY JURY 04 RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT' OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE,. AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE WVFNT OF IxIcWrION, SEEK TO ENIFORCFi'rn FOREGOING WANT"R, (b) EACH PARTY UNDERSTANDS AND HAS CONSIDER ED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOI,,(JNTAPJI,Y AM) (d) EACH P.wry HAS BEEN INDUCED TO IiNTFP INTO THIS COVIllAcT BY, ANIONG, OTHERniINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 I8:I01'exation. In the event that FPI, becomes liable for additional taxes, :including interaz4arWor penalties arising ftorn an Internal Revenue Scivice's determination, through audit, naling or other authority., that. FPI; s payments to the QS for capacity under Options B, C, 1), E or for energy pursuant to the iFixed Firm EueTy Paymeat•Option D are not fully deductible when paid (additional tax liability), FPL juay bill the QS monthly for the costs, inchidiRg carrying charges, interest and/or penalties, associated with the fact that all or a pint on.ofthm capacity payments are not curfently dedurtitile f6r federal andfor;state income tax purposes. FPL. at its option, may ofUet these costs, against amounts due the QS hereunder. These costs would be calculated so as to place FPL in the same econoinic position inAhich it would have been if the. entire capacity paymems:had,been deductible in the period in which the payments were made. If FPL decides to a1 at -the Internal Revenue Service's detennination, the decision as towhether the appeal should be made through tie administrative or judicialprotegi or both, and A subscquent decisions pertaining to the appeal (both substantive and Procedural), shall rest exclusively FPL. IS: I I Severability If Buy part of this Contract, for wry reason, is declared invalid) or unenrorceable by apublic authority ol'appropriate jurisdiction, then mach decision sAiAll not afkvt the validity of the remainder of the Contract, which remainder shall retrain in f6toe and effect as if this Contract had been executed without the invalid or unenforceable portion. 1.8:12 Complete Agreement and Amendments All praviouscommunivations or agreements between the Parties, whether verbal or written, with reference to the silbject matter of this Contract are hereby abrogated. No mumdruent or modifiention, tot his Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. 'rias Contract constitutes the entire, agreement between the Parties. 19.13 Survival of Contract This Contract, as JI. may be amended from tinte to kine, shall be binding upon, and inure to the benerit of, the Parties' respective succe�,,;ors-in-inlerest and legal representatives. 19. 14 Record Retention The QS agrees to retain for -dj)fjiud1vf five (5) years from the date of tertnination, hereof all records relating to the performance of .its oblightions.hereunder, and to cause. all QS Entities to retain for, the same period all such records., 18.15 No Waiver No waiver of any of the terms and conditions of this Contract shall be effective unless in wiling and signed by the Party against. whorn,buch waiver is: -ought to be enforced. Any waiver ofthe: terms hereofshall. be effective only in the specific instance and for the specific purpose given. The failure of Party to.insist, in any instance, on the strict performance ofany of the terms and conditions hereof shall not be construed as a waiver of such Party's right in the future to insiston strict performance. (Coritinuedon Sheet No. 9.048) Issued by: S.E. Romig,'Director, Rates and.Tariffs. Effective: September 13,2016 f- 21 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 26 Attachment A First Revised.SheefNo. 9.048 'FLORIDA POWER & LIGHT COMPANY Cancels'Original ,SheetNo. 9'48. (Continued from Sheet No. 9.047). 18:16 Set -Off F.P.I: may at.any time, butshallbe snider no.obligation to, set off any anti all semis due 'from the QS against sums due to the QS, heremrder: 18.17 Assistance With FPIr s evaluation of FIN 46R Accowtiing rules set fortlr:in Financial Accounting Sntnduds Board Interpretation No. 46 (Reviscd Deceniber.2003) C FIN 461t7,. as well as:ruturre amendments .and interpretations of thosaniles,!may require FPL to•evaluaie whether the QS must be consolidated as a variable interest entity (as defined in FIN 46R), in the consolidated `Gnaftoltd. statements of FPL. The Q$ agrees to Mly cooperate ivith FPL and'make available to FPL all financial data and other information, as deemed:accemry by FPI., to perform that evaluation on atimely basis at:inceptian of the PPA mid periodically as required by FIN 40R. if the result of an evaluation tinder FIN 46R indicates that -the 'QS must be consolidated in the financial statements of PPL; the QS agrees to provide financial statements, together mith other required information, as determined by FM for inclusion in disclosures contacted in the footnotes to the frrtanoal slatemerps and.in FPL's regtrired-flings with the Sccttritias aralFxrh rnge.Cntttmissian ("SEC;, .The QS shall provide th is -information to FPL -in a lifnefmme consistent withFPL°s;earnulhs release and SLC_ filing sehcdtdes, to be determined at l`PL's discretion,. The QS also agrees to fully cooperate with FRI. and FP,L's independent audilms. in ,completing- an assessment of the CAS's internal controls as required by the `S-irlianes-Oxicy Act of 2002 and in performing any audit, procedures necessary ,for the independent,auditorc to issue their opinion on.thte consolidated financial statements of FPL. FPLwill treat any ninsti i on anon provided by the QS sat ng Section 18.17 as confidential inforrrtati.on and shall only disclose stitch information tothe extent required by accounting and SFCttdes and any applicable laws, IN UTPA ESS WHERFOF, the QS and FPL €xecutcd this Contract this day' :of FITNESS: FLORIDA POItrERS: LIGHT COMPANY Date. VViTNF,SS: {QS) Date -Issued by: S. E: Romig, Director, Rates and Tariffs k6ectives. Jt ly 29; 2008 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 27 Attachment A Sixth Revised Sheet Na. 10.300 vuwpii m I,sllxtAl IWAIVAIN T Lancet; VITIT) J01111WO bneeTINO.01.31.111 RATE SCHEDULE QS.2 APPENDIX A TO THESTANDARD OFFMCONTRAcT STANDARD RATE FOR PURCHASEOFFiRM CAPACITY AND ENERGY FROM RENEWABLE ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DMIGN CAPACITY OF 100 XIV OR IMMS QS -2, Finn Capacity andfinergy AVAILABLE The Company will, under the provisions of this Schedule and the Compaq's 'Standard Offer Contract for the Purchase of Firm Capacity and Energy fxom a Renewable Energy Facility or a Qualifying Facility with. a design capacity of 100 KW or less" ('Standard Offer ContracV), purchase firm capacity and energy offered by a Renewable I' -,Mr&v Facility specified in Section, 366,91, Florida Statutes or by A QuAlifying,Facility with a design capacity of 100 KW or less as specified inc.FPSC Rule 25-17- 0832(4). and which is either directly or indirectly interconnected with the Company. Both of these types of facilities shall also be referred to herein as Qualified Seller or The Company will petition the FPSC for closure upon any of the following as related to the generating unit Won which this standard of fir contract. is based i,c. the Avoided Unit: (a) a request for proposals, (RFP) pursuant to Rule 25-21082, F.AC., is issued,. (b) the Company files A petition for a need determination or commences construction of the Avoided Unit when the Seneratingunit is not subject to Rule 15;22,082, F,A,C,,, or (c) the generating unit upon which the standard offer contract is based is no longer part of the utilitys generation plan, as evidenced by a petition to that effect riled with the Commission or by the utility's mostreccrit Ten Year Site Plan. APPLICA To Renewable Lnerg Facilities as specified in Section 366,91, Florida StAtutes producing capacity and energy from qualified rencivabic resources for sale to the. Company on a firm basis pursuant to the terms. and conditions of this schedule, and the Cornpany's 'Standard Offer Contract". Firth Renewable. Capacity and Renewable Energy are capacity and energy produced and sold by a QS pursuant to the, Standard Offer Contract provisions addressing (among other thing.-) quantity, time and reliability, of delivery, - To Qualifying Facilities (Qf), with a design capacity of 100 KW or less, as specified in FPSC.Rule 25-17032(4)(a) producing capacity and energy :for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the Company's -Standard Offer Contract", Firm Capacity and Energy are described by VPSC Rule 2-5-17,6832, F.AC,, and are, capacity and energy produced and sold by a QF pursuaritto the Standard.Offer Contract provisions addressing (among other things) quantity,time and reliability of delivery. CYURACTER OF SERVTCE lNuchascs within tire territory served by the Company shall be, at the option of the Company, single or three phase,. 60 hertz alternating current at, any available standard Company voltage. purchases from outside the territory served by the Comparry shall be three phase, 60 hertz alternating current at the voltage level available at the interchange point between the Company and the entity delivering the Firm Energy and Capacity from the QS. 71MITATTON Purchases under this schedule are subject to Section 366.91, Florida Statutes arid/or FPSC Rules 25-17.0832 through 25-17.091, F.A.C., and 25-17.200 through 25-17.310 FA.0 and are limited to those Facilities which: A Commit to commence deliveriesof firm capacity and energy no later than thein -service date of the Avoided Unit,. as detailed in Appendix IT, and to continue such deliveries for a period of at, least 10 years up to a makimum of the, lite of, the avoided unit', B. Are not currently under contract with the Company or ivith any other entity for the Facility's output for the period specified. above (Continued on Sheet No. 10.301) Tssued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25,2013 I.-21 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 28 Attachment A SeventhitevE.sed Shect:i4o..lit.301 FLORIRA POWER & LIGHT COMPANY Cancels Sixth Revised Sheet No. 10301 (Continued from Sheet No. 10,300) RATES POR PURCHASES BY THE; COMPANY Firm Capacity and Energy are purchased at a unit cost, in dollars per kilowatt per month and cents per Mowatt -hour,. respectively, based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has been designated by the Company, findisdetailedinAppendix 11. to this Schedule. Appendix T tothis Schedule- describes the methodology used to calculate, payment schedules, applicable to the Companys Standard Offer Contract filed and approved pursuant to Section 366.91, Florida -Statutes and -to FISC Rules 25-17.082 through 25-17.0.91, P.A.0 and 25-17.200 through 25- 17.310, F.A C. A. Firm Canacity Rates Options A through. E are available for payment of firm capacity which is produced by a QS and delivered to the Company, Once selected, an option shall remain ineffect for the term of the Standard Offer Contract with the Company. A payment schedule, for the normal payment option as shown below, contains the monthly rate per Uovwatt of Firm Capacity which the Cls has contractually committed to deliver to the Company and is based on a contract terns which extends ten (10) years beyond the in-service. date of the Avoided Unit Payment schedules for other contract terms, as specified in Appendix B, will be made available to any QS upon- request and may be calculated based upon the methodologies described in Appendix 1. The currently approved Parameters used to miculati the schedule, ofPayments are found in Appendix 11 to this Schedule, rtdiustment-to Catmcity PavRnent The firm capacityrates will be adjusted to reflect the impact that the location of the QS will have on FPL system reliability due to constmints.imposedon the operation of FPL trimsmi-inion tie lines_ Appendix TFT shows, for illustration purposes, the facto that would be used to adjust the firm capacity rate for different geographical areas. The actual adjusbuent would to determined on a case-by-case basis. The amount of such adjustment, as well Ps a binding contract rate for firm capacity, shall be providedto the QS within sixty days of FPL execution or the signed Standard Offer Contract Ontion A— Fixed Value 'ofDyfgrrril'1'avmentx • Normalfianacity Payment schedules under this option are lxiseci on the value of a single year purchase with an in-service data of the Avoided Unit, as described in .Appendix 1. Once this option isselected; the current schedule of payments shall remain fined and in effect thetermof the Standard Offer Contract_ (Continued on Sheet No. 1.0.302) Issued by: S. F Romig,11irector,Rates and Tariffs Ededive>. June 2-§1.2013 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 29 (Continued from slledlklo, 10,301) Option B - Fixed Value of.DeftirralPayment.4- FArhCapatih, Attachment A WWI iNol j Ujuz Payment schedules under this option are based upon the early capital cost component of the value of a ycar-by-year deferrAil of the Company's Avoided Unit provided; however, that under no circumstances may M. yinems begin before the 09 :is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract. When this option is selected, the capacity payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the QS and calculated using the methodology shown one`vi)jwndix 1. The QS shall select the month and year in which the deliveries of finn capacity and energy to the Company are to commence and capacity payments are to start, The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of farm capacity and energy are to commence and the term of the Standard Oft6r. Contract asspecified in Appendix E. Option C - Fixed Value of Deferral Pavinerit - LevvWtd Capacity ,Payment schedules under this option are based upon the levelized,capital cost component or the value of -a year - by -year deferral of the C ornfiany's Avoided Unit, The capital portion of coly.acity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated -as shown on Appendix 1. The fixed operation and maintenance portion of the capacity payments shall be equal to the value of the year - by -year deferral of fixed operation and maintenance expense associated with the Company's Avoided Unit. The methodology used to calculate this option is shown in Appendix I. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Standard Wer Contract as specified in Appendix E. 0 ni i o. n D - Fi x4,4 Va I tit of Deferral P;w, n i t ul - FA rly Uve lize d C a pa c i (v Payment schedules under this option Are based upon the early levelized capital cost component of the value of 8 year -by -year deferral of the Company's Avoided Unit. The capital portion of the capacity payments unda this option shall consist of equal monthly payments over the term of .the Standard Offer Contract, calculated as shown on Appendix L The fixed operation and maintenance expense shall be calculated as shown in Appendix I At the option or the QS, payments for early lo-gliud capacity shall commence at any time, before the anticipated in - ,service date of the Company's Avoided Unit as specified in Appendix L, provided that the QS is delivering .firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract, The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries offimn capacity and energy are to commence and the term of the Standard Offer Contract as specified in. Appendix E. OritionE -- Flexible Pavmtg Option payment schedules under this option are based upon a payment strunin elected by the QS consisting of the Capital component of the Company's avoided unit. Payment,; can commence at any time alley the actual in-service date of the Q3 and before the Anticipated in-service (late- of the utility's avoided unit, as specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms or the Standard Offer Contract, Regardless of the payment stream elected by the QS, the cumulative present value of capital cost payments made to the QS over the terns of the contract shall not exceed the cumulative present value of the capital cost payments which would have been made to the QS -had such payments been made pursuant to PPSCRule 25- IT0832(4)(g)l, P.A.G. Fixed operation and maintenance expense shall be calculated in conformance with Rule 25.lT0832(6),,FA,C, The Company will provide the QS with a schedule of capacity payment rates based on the information specified in Appendix & (CAMIfinued an q=t NO. 10.303} Issued by:. S, E. RamigDirutor, Rates and Tariffs Exective: May 22,2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 30 ,PWRIDA-l"WER & UILMI (Pontinued from Sheet No. 16,302) R 'Frier-ky Rate Attachment A Bulb ixib Reiised Sheet No. 10.303 Mantels Ifitth Revised Sheet NoA 0.30 (1).Pa ynientsA."ociitted*ithAs-Al,-.kilableEnem - priortotbely-Senict ateoftbeko Unit. y Costs -P. _Ided Options A or B are available for payment or energy which: is produced by the QS And delivered to the Company prior to the in-service date of, die Avoided Umt. The QS shall indicate, it,; selection in Appendix B, Once -LIected., an option shall remain in effect for the term of the Standard Offer Contract with the CA)mpany, Option A — Energy Payments based on Actual Fnergy Costs The energy, rate, in cents per kiloNvatt-hour (OIKWh), shall be biLied on the Company's Retual hourly avoided energy costs which are calculated by the Company in accordance with FPSC Rule ?5-17.0825, FAC. Avoided energy costs include incremental. fuel, identifiable operation and maintenance expenses, and an adjustment for, I inc losses reflecting delivery voltage. The calculation of the Campany's avoided energy costs reflects the delivery of energy from the region of the company in which the Delivery Point of the QS is located. When economy traiisacb.crittakeplace, the incremental costs.are cmiculated as described in FPVsRste Schedule COG -I. The calculation of payments to the QS shall be based on the sum. over all hours of the billing period, of the product of each hour's avoided energy cost times the purchases of energy from the QS by the Company for.diat hour. All piffebases; of encrgv shall be adjusted for losses from the pointof metering to the 'D% ivcn, Point. Option 8 —Energy;Payments based on the year by year projectimi of As -Available energy costs The energy rate, in cents per kilowatt-hour (OIKWh), shall be based on the Compan?s year by year projection. of system incremental fuel costs, prior tobourty economy sales to other utilities, based on normal weather and firel market conditions (annual AsAvailable Energy C q4 Projection which are calculated by the Company in accordance with. YPSC Rule 25-17.0825, F.A.C. and with,FPSC Rule IS -17.2.50(0) (a) F.A.C) plus a fuel market volatility risk premium mutually agreed upon lyy the utility and the QS. Prior to the start of each applicable calendar year. the Company and the QS shall mutually agree on the fuel market volatility risk premium for the following calendar year, nonnally no later than November 15. The Company will provide its projection of the applicable annual As -Available Energy Cost prior to the start of the calendar year, normally no later than November 15 of each applicable calendar year. 'In addition to the applicable As -Available Lnergy Cost projection the energy payment will include identifiable. operation and maintenance expenses, an adjustment for line losses reflecting delivery voltage and a factor that reflects in. the calculation of the Company Avoided. Energy Costs the delivery of energy from the region of the Company in: which the Delivery Point of the QS i; located. The calculation of payments to the QS shall be based on the sum., over all hours of the billing period,. of the Product of each ho&s applicable Projected, Avoided Energy Cost irises the `purchases of energy from die QS by the Company for drathour. All purchases of energy shall be adjusted for losses from the point of metering to.tl*l'.)eliver.y Point. (2) Paytricub; Assathited.with Applicable Avoided Energy Costs after the In -Service Date oftbe Avoided Unit. Option C is available for payment of energy which is produced by the QS and delivered to the Company after the in-service date of the avoided unit in addition, Option D is available to the QS which elects to fix a portion of the firm energy,payment. The QS shall indicate its.selection of Option D inAppendix E, once selected, OptionD shall remain in effect for die term of the Standard Offer Contract, Option C- Enemy'Pnyments based on Actual Ericr%ry Costs startim on the in-service date of the Avoided'Unit, as detailed in Anmndix 11, .The calculation of payments to the QS for energy delivered to FPL on and after the in-scrvice date of the, Avoided Unit. shall be the sum, over all hours of the Monthly Billirig Period, of the product of (a) each hour's firm energy rate (OXIVh); and (b) theamount of energy (MVII) delivered to rPl. from the Facility during that hour, (Continued on Sheet Nlo. 10304) Isstwelby: ','. E. Romig, Director, Rates:and.lrariffs Effedive.- June 25, 2013 � - �z ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 31 &LIGII I (Continued from Sheet Vl o, 10,3b3) Attachment A Eighth Revised Meet No.10.304 Cancels Seventh Revised Sheet No. 10.304 For any f}ispstch floor the firm energy rate shall be, on an hour -by -hour basis, the Company's Avoided Unit Energy Cost For any other period during which energy is delivered by the QS to. F.P.I., the 'trio energy rate in cent 'per kilowatt hour (^"I'';+'h). shall be the following on an hour -by -Hour Basis: the lesser of (a) the as -available energy rate calculated by FPI., in accordance -with FPSC:Rule25-17.{t825, FAC, and "FPL°s Rate Schedule (X)CM, as they may each be amended frcmr time to time and (b) the Company's Avoided UnitEnergy -Cost_ The Company`s Avoided Unit. Fnergy Cost, in cents.: per kilowatt-hour shall, be defined as the product o£: (a) the fuel price in S/mmBTli as determined fmm gas prices published in Plats Inside 'FERC Oas Market Report, first of the -month. posting for Florida Gas Transmission Zone 3, plus all eharges, surcharges and percentages that are in effect -from time to time for service under Gulfstream Natural Gas System's Rate :Schedule FTS, and (b) the average annual heat rate of the Avoided Unit,. plus (c) an additional payment for variable operation and maintenance expenses which will be escalatedbased on theactualProducer Price Index. All. energy ;purchases shall be adjusted for losses from the point of metering to the iDahvery Point: The calculation of the Company's avoided energy cost reflects the delivery of energy from the geogtaphiaal area of the Company in which theDelivery Point of the QS is located. Q,btican 17- Fixed Firm Enerw(Payraicnts Startin as s early as the In-Sofv ce Hate of the 0$ Facility; The calculation of payments to the CSS for energy delivered to FPL may include an -adjustment at the election of the QS in order to implement :ihe provisions of Rule 25-17.2.50 (0) (h),TAC- Subsequent to_the determination of full. avoided cost and subject to the provisions of Rule 25-17.0832(3) (a) through (d'), F.A.C., a portion, of the base energy costs associated. with the avoided unit, -mutually agreed Capon by the utility and renewable energy generator, shall be fixedandamortized on a present value basis over the term of the contract starting; at the election of the CSS, as early as the in-service date of the QS. ".Base energy costs associated with ills avoided unit" means the energy costs of the avoided unit to the extent the unit would have operated. The portion of the base energy costs mutually agreed to by the Company and the QS shall be specified in Appendix F. The Company will provide the QS with a schedule of "nixed Energy Payments" over the term of the Standard Offer Contract based on the applicable inforanation specified in Appendix E. ESTIMATED AS -AVAILABLE ENERGY COST As required in Section 25-17.0832., F.A.G. as -available energy cont projections until.the in-service date of the avoided unit will. be provided within 30 days of receipt by FPL of a written.request for such projections by any interested person. FSTIMAT..ED UNIT F[IF,I, COST As required in•Section25-17.0832, F.A.C: the estimated unit fuel costs associated with the Company's Avoided Unit and based on current estimates of the price of natural gas mill be provided within 30 days of a written request for such an estimate. (Continued;owSlaeet No..10, 305) Issued bv: S.F. Romig,,Director,.Rates and Tariffs. Effective: September 13;-2016 �33 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 32 Attachment A Sheth Re--+wd Sheet No. 10.305 nA)RIDA PQSVFR & LIGHT. COMPANY Cancels Fifth Revlwd Sheet No. 10-305 (Coniirated from Slee[ No. 10.304) DFI.IVFRY VOI,TAGF AD.R35TMFNT ]anergy payments .to a QS. within the Company's service territory shall be adjusted according :to the delivery voltage by the multipliers provided in Appendix 13. PM''DRtilANC F C -R1 TF R1:A Payments for Firm Capacity are conditioned on the QS-, ability to maintain the ,following performance criteria: A. Capacity mlivery;Date The Capacity DeliveryDate shall be no later than the projected in-service date of the Company's Avoided Unit, as detailed in Appendix IL 11 &vii I I a b I I I h,, attd CaPacIty I+actor The Facility's, availability and capacity factor are used in the determination of frim capacity payments through a performance based calculation as detailed in Appendix 13 to the Crnnpanys Standard Offer Contract MFT'FJtLNt;.RFpLTiRFN-TENTS A QS within the territory served by the Company shall he: required to purchase from the Company hourly recording meters to measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Company shall be measured as thequantities,scheduled for interchange to the Company by the entity delivering Finn Capacity and Renewable Energy to the Company. For the purpose of this Schedule, the on -peal` hours shall be those hours occurring April I through October 31 Mondays: through Fridays from 12 noon to 9:00 pm. xluding Memorial Day, Independence Day and Laboo-.Daya,and 5 6vember 1 through .March 31 Mondays through Fria Fridays from 6.00 a.m. to 10:00 a:m: and 6:00.p.m, to as p.tn: preialing''1 astern time excluding Thanksgiving Tray, Christmas Day, and New Years Day., Fl?I sh 1, V),� the rig rp ch( e sucts� a -Peak FI<Iin by providing the QS a minimum of thirty calendar days' advance written notice. ]ULLING OTMONS A QS, ul)on entering into a Standard Offer Contract for the sale of fine capacity and energy or prior to delivery of as -available energy; may elect to make either simultaneous purchases from and. sales to the Company, or net stiles to the Company; provided, however, that no such arrangement shall cause the QS to sell more than the Facility's net output. A decision on billing.methods may only be changed: l). when a QS selling as -available_ energy enters into a. Standard Offer C".ontnict for -the -sale of firm capacity and energy; 2) when a Standard Offer Contract expires or is lawfully terminated by either the QS or the Company, 3) when the Q5 is selling asavailable energy and has not changed billing methods within the ,last twelve months, A) when the election to change billing methods will not contravene this Tariff or the - contract between the QS and the Company. If a QS elects to change billing methods, such changes shall be subject to the following: 1) upon at least. thirty days advance written notice to the.C:on pang; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing mrd upon payment by the QS for such metering equipment and its installation; and 3)upon completion and approval by the C'ompyany of any alteration(s) to the interconnection reasonably required to effect the charge in billing and upon layment by the QS for such alteration(s). Payments due a QS will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by'the QS and the applicable avoided energysates at which payments are being. made shall.accompany the payment to the QS. A statement covering the.charges and payments due the QS is renderedmonthly, and payment normally is.made by the twentieth business day.following:the end of the billing period. (Continued on,Sheet,No. 10.30ii) Issued by: S. E. Romig, Director, Rates and Tariffs Effective::June25; 2013 1-M ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 33 Attachment A Seventh Revised Sheet No. 19.306 FI,ORIDA:POWER & IAGWr COMPANY Cancels Sixth.Revised Sheet (Continued front Slid No. 10.305) C11A:IIGES TO FNFRr.Y FA(,auTi, The CSS shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Commission..:including, but notlimitedto: A. CustomerCharges: Monthly custorner cliargps for meter reading, billing .and other: applicable adnvnistrative costs as per applicable Customer Rate Schedele.. R Interconnection Charge for Yon -Variable Utility Exnenses The QS shall bear the cost required for interconnection including the metering. The QS shall have the option.of (i) payment in full for the 'interconnection costs including the time value of money during the construction of :the interconnection facilities and providing a Bond,.Letter of Credit or comparable assurance of payment acceptable to the Company adequateto cover the interconnection cost estimates, (ii) payment of monthly invoices from the Company for actual costs progressively incurred by the :Company in installing the interconnection facilities, or (iii) upon a showing of_credit worthiness, making equal monthly installment payments over a period no :longer than thirty-six (36) months toward the full cost of. interconnection. In the latter case, the Company shall assess interest at the rate then prevailing for thirty (_30) day highest grade commercial paper; such rate to be specified by the Company thirty (30) days prior to the date of each installment payment by the QS. C. Interconnection Charge for Variable Utility F.xnenses The QS shall be billed monthly for the variable utility expenses associated with the operation and maintenance of the interconnection facilities. These include (a): the Company's inspections of the interconnection facilities and (b) maintenance of any equipment:beyond that which woulcLbe required to provide normal electric service to the QS' if no sales to the Company were involved, In lieu of payment for actual charges; the QS may pay a monthly charge equal to a percentage of the installed cost of the interconnection facilities as ptavidcd in Appendix 11. A. Taxes und.ilssemni nts In the event i rat FIR omes liable for additional taxes, including :interest and/or penalties arising, from an. Internal Revenue Services determination; through audit; ruling or other authority, that FPL's payments to the QS for capacity under options B, C; Ia, E or for energy pursuant to the Fined Firm Energy. Payment Option U are not fully deductible. when��aid (additional tax liability), FPL may bill the QS monthly for the costs, :including carrying charges, interest andlor penaities, associated with the fact that all or a portion of these capacity payments are not currently deductible for federal and/or state income tax.purposes. FPL, at its option, may offset these costs against amounts due the QS hereunder. These costs would be calculated was to place FPL in the stone economic position in which it would have been if entire early, levelized or early levelixed capacity payments or the Fixed Firm Fnergy Payment load been deductible in the period in -which the payments were made, If FPI, decide,- to appeal the Internal Revenue Service's determination, the decision its to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisioris Pertaining to fhe appeal (both.subttantive and..procedural), shall rest exclusively with FPI_ (Continued onShwt..No,.10.M7) Issued by: S. F.» Romig; Director, .Rates and Tariffs Effective: June 15,,2013 i 35 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 34 (Continued fioin Sliect No. 10:306) TERM&OF,SERVICE Attachment A Sheet lvo..l0JU7 (]) Li shall be the QS's responsibility to inform the Company of any change in its electric generatim.capability. (2) Any electric'service delivered by the Company :to a QS .located in.the. Company's service'area shall be. subject to the following temis and conditions: (a), A QS shall be metered separately and billed under theapplicable retail rate schedule(s); whose terms and. conditions shall pertain. (b) A security deposit will be required in accordance with FPSC Rules 25-17.082(5)and'-1' -6.097';`.A.C., and the following: (i) In the first year of operation, the security deposit should be based upon the singular month in which the QS's projected purchases from . the . Company exceed, bt:he greatest amount, dieCompany's cstirnated. purchases from the Q& The security deposit should � equal to twice theamountof the difference estimated for thatmonth.. The. deposit is required upon interconnection. (ti) For eachyear thereafter, a review of the actual sites and purchases between the CIS and the Canpany will be conducted tadeterminc the actual month of maximum difference. The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the QS exceed the actual sales to the Company in that month. (c) The Company shall specify the point of interconnection and voltage level. (d) The QS- must_enter:into an iliterconnection agreement with the Company which will, among other ,things, specify safety and reliability standards for- the interconnection to the Company's system. In most in�lirtu es the Company's filed Interconnection Agreement. for Qualifying Facilities will be used, however, s. xcial features of the QS or ;its ;interconnection to the Company's facilities may require- modifications to this Interconnection Agreement or the safety and reliability standards contained therein. (3) Service under. this rate schedule is subject to the roles, and regulations of the Company and the Florida Public Service Commission. SPECIAL PRUMtUNS (1) Special contracts deviating from the above standard rate schedule are allowable provided the Company agrees to them and they are approved'by, the Florida Public Service Commission. Issued by: S. E. Romig, Director, Rates -and Tariffs Effective:. Miry 22, 2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 35 '0WII,H & LIGI-ITMINIPANY APPE.NIVIX I TO RATF.SeRMULP Q&2 CALCULATION OF VALUF OF DEFERRAL PAYMENTS Attachment A Sheet No. APPLICABILITY Appendix I provides a detailed description of the methadol(gy used by lic.Comlinny to calculate the monthly values, of deferring or avoiding die Corapatys Avoided Unit "mitained in Appendix lis a QS may deLtmine the,applicalile value Of deferral calucily Malenj rate arsocistodmi"I 'die timing and opffation, ofits pardcular facility should the QS enter into, a Standard Offer Contract with Ifie Company. .CAT.CUIATION.OFVAI,A,IFOFDFFTRRALOPTION' A FPSC Rule 25w 17.0832(5) specifies that avoided capacity cost;, in dofiarr.,* kilowaft per month, aiswWod with. caracity sold to a utility by a Q$ ,purvuwdto.t]*Company's SLwdmdOfee Cordradl.hgbe. del�htAastato year -by -year value ofileforal ofthe Compsiny'f, Avoided Unit- The year-by- yearval* ofileferrid Aiall be (Ito dilTevroein reverme"uirements: w§ociated mith dererriag,the Comp n)4 Avoided Unit oneyv&, mitt shall be calculAted to 014wv Where, for a one Yew deferral. VAC— — ittility's monthly value ofavrdod capacity and 0 & M, in dollars lier kilowatt per mondi; fix each nwitah of Yemn; K = present value of cantying chargogfol one dollar of bivertment over L years with can3ing charges computed using Av,-r*o annual rate base and assamed to be paid at theruiddle ofeach jTw and present valued to flit iniddle of the firirt yetw, R (I + ip) I (I -X total direct mid indirM cost, iv. mid -year dolloa per blowuninclading AFLJDC but excluding cwjp, or the Company's Avoided -Unit -with are in-service date of yvw n, im4uding all identifiable and cptarakfiable Qrstv tviaurg to the oeattmcwn or the Comparty's Avoided Thit which Avotild lluive been paid hatt die Unit been ca—C164; OR - (OW rLxW olivraiion and maintenance expense for the yogi i% in mid -yew dollars, per Wow& per year, of Ute CompaiVe Avoided Unit is = annual escalation rate spociated,hili the plant 'M of dic'Compnity's Avoided Vnit(s)-, i, Matifful 0"A00 rate Wsocitit0d !Ailh die operation and triaintertunce exje or die conipan?, Avoided Unitft T. annual discount nits, dekiwd as the iiiiii(yo cost rrcaoiaj; L eVwtad life of the Company's ()voided Uflit(s>, mid n year for whicli the (A)mpany's Avoided Unit(s) is (we) deferred Mtrig with its (their) original anticipated in-Avvico date(s) and ending with the termination of the Comparys Standard Ofkr Contract, (Confinijechnn, Sleet No. 10.309) Issued by: S. E. Rom 1g, Director, R , nits and Tariffs Effective. May,22,2007 �, 5� ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 36 Attachment A ,V JAAKUYAI-VWMM &J.414V.11 UUM IA4N V, uriginial NlIeCtINO-JUJ09 (Coritinlued ffbill Sheet No: 110,308) CALC1,—US,1,j1QN ff jqXFII'%fXLlT, 017,I)EWRIZAL PA3'k4r*NTS— FARI�VtA —017rL PACITY ON --L� Nonaa%,,,pq3uwaIs for Imu capaeity shall not contmence until the in -ser ice date orthe Company's Avoided Vnit(s): Attire option of the Q3, however, tho'Company may b*11 mating payments for carlyeapacity Consisting or the wpitai "i component or the vahn, or a yearolT -yrew de y Vital of the *Ccainp=YrAvaided Unit Ftarting.mearly in, the in-venice date of the QS ficility. Nkliensuch payrnems for early cApuity are elpeted, the voided capital Cost 0011INIVia ofeapacity payments shall be paid monthly commencing no earlier than the CAM6ty Delivery Date of the QS, W stiall be calculated aii follow, Wh&= = ('+iPP"' ('I+i0)('-`I 12 12 Where: A. - IPORMI M-Irients to be mudeto the QS for each month of the -contract. year n, in dcljmF.jxT ldloivaft per monfli,in uNch QS dclivm capa* pursivint to the eady 0apacity option; - annual escalation ado associated with the plant cost of the Cmpauyii Avoided UTCO(sl amitnil escalation rate lissiviawd urilb the operation and.maintenaive,expense of the Corfij�wys Avoided Vnit(sj, TIN Y" for which die fixed %likle of deferral payment tinder the early Capacity opfion arotnade.to a QS, Gtartnig in yar one W ending in the year t; the term, ill yezir&' ofthe Standard offer Contrwk A, — F t G - RV(I - R ') I F die cumulative present vilue, in the year that the contractual payments will begin, of the avoided capital cost component of capacity. puyincrits Y;hidt would have, been made bad capacity payments commenced pith the anticipated in-service date of the Company's Avoided Unit(s); (I +iP)/(I +T) annual (DWIRIfnne, defined as the Companys increme6w after-tax e(wofeapital; and A. w" G [ (1 — R) 41 — R ) I X"Ilere: a I'lie conotlative present value, in4he year that the wntrac-fital payments %vill, txoiof the avoided fixed operation and mainteriance expense compottent or capacity payineIIO %xinch would have been tide had calm6ty payments oommeuxd with the witidpaud in-service date of die Coullmilys Avoided Unit(s), R (I -f io) /(I 4'r) 'The cuiently approved parimicAcra applicable to -the form" above are foundin Appendix 11, fomfitrued on Siteet Xo, 10.3 10) .,Issued by: S. E. Romig, Director, Rates and Tariffs Effedim Muy22, 2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 37 (Continued from ShleefNo. 10.309) Attachment A CAMULATION OFFIXED VALUKOF DEFERRAL PAYMENTS -LEVELIZED AND EARLY LEVELIZED CAPACITY. OPTION C & OPTIOND, RESPECTIVELY Monthly fixed y eof f.payments for levelized. dftd'.�arl leVelizb,dda adityshalIbe calculated as folldyk Where: PL = (tie monthly levelizeJ capacity paym�nt, Starting on or 1xim 10 die ill- servicci date of the CompMy's Avoided 006); F — ithe cumulative present value, in the ym that the contmetual payments will beg in. of the avoided. capital cost component, of .the capacity payments which would have been mde had the capaei4, payments not beets tevelized, r the amival discount rate,; definadas, the Company's incremental after-tax cost ofoapita); t tit- temaj in years; of the Standard Offer-Contmet, 0 the monthly fixed operation and maintenance comix-tent of the capacity paymenu., calculated inaccordance %vith calculation of the fixed value of deictnl lxqinents 'far the levelized capacity cA the. early lovelized caocityoptions, Issued ky- S. E. Romig, Director, Rates and Tariffs Effective: May 21,2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 38 Attachment A Cificenlli �i�teottih itevisetl Sltcet No. (0,3.1.1 ,iA)Wi3A PONVER & UGI IT COMPANY Sheet No. 10.311 Issued by: Tiffany Colien, , sCod gL&Ujjj 2110 Sms Eftedive. at"V*24 APPV\DIX If Tb Rr1TE$CIIC"�1TLF,Q3:3 4l i_AVOIDEDVNITINFORA'LaTION fbe Caniparry'e A�nided'tlntt his been delermtned to he a 1,491 blt "t onsbtned Cycle tdtiftwcitban tn-senice date ofune 1; 2tb 1R 2ti't1;. Anda rwntractheat mite ofs %t S,4o BtulktV!L EXAMPLE STANDAMO 'CRC0NTRAC`!`AVOtDEDCANACti"YPAl"NIENTS Fbk A e:raav'f`:kAc,-r TEP M.O TFN YEARS FRO,vrlit tN-S'ERV CE DAM OF TA AvolblFbuwr (fiflf:Gitt3vlON'ifi}. Option A O,ptiem B option C Option D t sa Nounal Capacity Eddy cgmtity Lovelizedcapdwc Eady l evelized Caf 6ty 12.bi intla pmmlent piv lt, povivolt Period Starfix a. 2023 S. _ $ $ S 207,4 S' $ $ 5 - .2025 S S $ $ 202E 2C}2? $ $33t+t Iii C 9,-03918 2028 $ 153 $ S3 01 2029 $ S3-443.60 $ $3 4318& 2030 $4.44 -3 6011469 S "L-- $ 5 2031 $44i2LO 4�2. 16 X6_4 S4.043SH 2031 $S iw .02 $ 3,sA' $->`w+�b,41 $i.643.H8 2033$R39 2634 $ $248 -00 S` sk41 $? 4 2035 Si+A t+ d sxA31174 2036 S #(;�9 gpl-17 $fb<ti $Sl3.RS 20.17 4lfkt.2n $? 4>:A f ca E 43 8fl 2038 $t*:4'i _6 %-5.1 : l - 203" $G SCS g¢ $o:zFi.•j 1 $446m c34,0 2044 fi( 7 Lj S44* S 9s� fia-4*4 riTi,�NtATrinA--AvA1i,%iii,r:.I7i Rrr 0.ST For nioxi recent v4lhWod incrnuental of aided enerpo° coxtx fur the nexitein yearx will be prmided. Wttfilii. 41drly.(30) days of urlit"irequest: FSONIATEA UN FUkL'CO.ST3(S+'4tltiitu): The nwitmvntV4101aied unitfuel costs for the Company's atioi'ded unit tiwill be provided NAA ibt 04"y (30)'days of uTlVon request: Issued by: Tiffany Colien, , sCod gL&Ujjj 2110 Sms Eftedive. at"V*24 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 39 Ft:OWDA PC)WHII & LIGI1T C.OM.IMNY Attachment A F,ightit•iyiirtth Revised Sheet No. 10311.1 GanceLs a�trh,i i Revised Sheet i�To.103II.1. 30:?t 'ri%. 271 -A\�-01DED UNIT FIXYD VAL1,11, OP DE RRAI. PAY 11 NTS NORMAL C.APAMWOPTION PARAMFTE,RS Where -,for a anc-yetatdefcrt it: Valitc VAC., — C oniiiy'r; volae of avoided capacity and O&M. in dollars per kilowatt per month duriai month m SM?94S,8456 K presettt value of cwryitg! ehtugesfoiptre dollar of iitvAstttn;att over L years avitti carr}'irtg. charges eontputed using:averuge anotuil rue base and assurned to be.paidat the nriddle of each year and prescnl valued to the middle ofdie first year; 444114L J 9 1 total i red and indirect cost, in mid -year dollars per Idlowatt ineltxlirig .Alrti DC Inu'cxcinding CUIP, ofEheCorwanyrsAvoidedUnit wiftaniri�enicedate ofyear"n , , , 7'3,. C ti>ttlfxtvltilkrtttt+ntniltnaintertrueert nse;for itieyetrn,.intiriei-}<ttr drillers pertilarvalt Ixr ycty, of thc.C",atia.laany°s i1}roidccl t7irit; 512.491 •4� „„�.,irif i = anriilal0cwltrtiaittraiess<�pciriied>ivitii,fhc:planteiistnftheCompany's Avoided t nit; 2.00°0 as aftial escalation rale aw-ciated with -the ofie aatioti and maintert.ance curse of tire: Cirri m A Avoided Unit; 2.50% r m. artmaal di:sannntratt; coined As the Cornparivs incr a rental anter -tax aril ofcapital; 7,52% L mected life ofthe Corumm+s Avoided Unit. 40 It - year for wliichthe Compariys Avoided Unit is deferred starting with its original anticipttcd in-service date and crating with the termination ofthe Standard Offer 22-14L. Contract, M, ED VALUE OFDEI�TI2RALPAYMENTS- EARLYCAPACITYOPTiONPARNMETERS A. monthly capacity Vaymouts to be inade`tothe QS sfaxti14 on the year the Q5 elects to star receiving early " »una,�iria'rvnnr�nn:nfe:ira rL•11a7c tial L�atnuiaitr rirtr m�iriflr iP animal escalation rate associated with the lilam costof the Contior/s Avoided Unit; i� annthd escalistion rsrie tssociatr tluiilLt}te operafion and maintenance expense ofthe t *ompariyq Avoided Unit;- 2;w/. It year for ufiidiearly capacity payntemstoaQSare61),gin;(atfheelectiotaftheQSeaiiycalixity paytuents may cor ntience anytime after the actual in service date of the QS factility arxibefare tite attiicinatert F the ctumiladve prccerit vatric of the avaidcil cyntAl cnVt mmronent of >3aty p tytneiifs telridi would itai�e ibxnlnadehaalrnpacity'paytamrita ccnttttiencet! with Ute arttiaipateel id- scnirm date a.f the Congzutys Avaided thit:and coiitinned fora period of 10 year.; S4944441 _632 r anmial discniatt rate, defined as the C'ompanys inommrlttal after-tax cwt of capital; 7,52°. I the term, in years, ofthe Standard,Offer Contract forthe purcttiise of Grin capacity commencingin the year the Q5 elects to start rcteivirg,eady."ply papWrrts prior to the, in -se rouge date oftlic Cojrpanp?i,Avoided lTitik; O tile curnWutYeptcsent.valueol't'heavoided frxedopdationand nrintmace ensucotn►xtrreii#'of etapacity parnents which would liave been tuade had capadty payments conancticed with.the anticilkat tut-sertircedateaftlteComptaysAvoidedUnitandoontinuedfor aperiodof10:yeam S94.41MM *From.Appcndix E Issued by: Tiffany Cohen; Senior Director, Reg,ulnton., Rates, Cost of Service Lard Systems Dir%44i#T,&- Fffective: 4~4rM4 14i ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 40 Attachment A FirstRevised:Sheet No. 10:31:1.2 Issued by: Tiffany CAen;.Director, Ratesiand Tariffs Effective: June 11„ 2019 i az ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 41 Attachment A .Mrd. Revised Sheet N&A 0.3113 ;FLORIDA POWERA. LIGHT COMPANY Cancels oeiginal.Sheet'No. 10.311.3' RESERVED FOR FUTURE:USE Issued by: Tiffany Cohen; Directori Rates and Tariffs,. Effective:: June 11;1019 H5 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 42 Attachment A Eighth RevisedSheet' No. 1.0.312. FLORIDA POWER & LIGIIT CONVANY Cancels Seventh Revised Sheet No: 10:312 Issued %y ''Tiffany Coben, Director, Rates and ;Tariffs Effective: June % 2020 VALUE OF CAPACITY LOCATION Scherer PN 0.953 CED Ct� D.94s UCEC IVti�' O�d'S MR 0.94i R4•.0.95s 't!G t1:962 . FM OMI PF011 `F°j, f 6 TP 0.981 FOR ILLUSTRA77)/E PURPOSES OiW I". Issued %y ''Tiffany Coben, Director, Rates and ;Tariffs Effective: June % 2020 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 43 Attachment A Second Re-Osed Sheet No. 10.313 J` JAIKUJA I-UWJIW'( & 1,1114111 IL,UMJ'ALN Y llallett!% PIM KOVItCO N"ttl INO. J0.31.5 APPENDW B TO THE STANDARD OFFER CONTRACT FOR THE PURCHASE OF FUM CAPACITY AND ENERGY ORQIJALIFVINC'FACit,ll')PSUITItAliFSIC,NCAPACITY.OFIOOKtf.OR:.[,t:',.S `PAY FOR PERFORNIANCEPROVISIONS MONTHLY CAPACITY PAMENT",CULATION I . Monthly CapatityPaymenb(M M, for evil Mtrailly Billing Period iliall be compulled rim)rding to the fdlowir%- [it the eventlimirtbe Annual Capacity Biding Factor ("ACTIF'),as defined below, is legs ")an M, "tot oa.Monthly Capacity Payinent shall be das. Thetis: In the event that the RCBF is equal to or greater than 90% but less than 94%, then the Nimithly Capacity Payment shall be calculated by using the following larnal1w MCP -BCP x [I +4'x (ACBF- 94%)].x CC C. . In lite event that die ACBF is equal to or greater than 94%, then die Monthly Capacity Payment shall be calloulalvd by using the follolkinii, Mr-p=BCP XCC Whew, MCP Monthly Capacity Payment in dollars, BCP Base Capacity Payment in M-NVAlonth as specified in FPI;s Rat, Schedule QS 2. CC Committed Capacity in KW. ACBF Annual Capacity Billing Factor. This factor is calculated using lite 12 months rolling average of the Monthly Capacity Factor. Ilia 12 month rolling averalre shall be defined w the sum of lite 12 cornvcutim Monthly capacity Frictors preceding lite dale ofcalcldafioti, Aividiud,by 11. During dig fiTA 12 wivocutive Monthly Billing'Periods, commencing with the first Monthly Billing PcriM in which Capacity payments we to he mak the catIculatioln of ilia, Annual Capacity Billing Factor shall be performed ast follows: (a) during lite first Motably Billing Period, thoAtinualCapacity Billing I'actnr shat) tae egnual to lire h9 mt}ly Crtpacity.Factar (b) thereafter, the calculation of the Anould Capacity Billing Factor shall be computed by dividing die own of the Monthly cApacity. Factors duting aw fiM'tyvWs Monthly Hilling Periods in Whial Calwity payluents-are-to be inside by -ate iminber of Monthly Billing Palo& which have ctspso& 11is calculation shall be performed ill lite end of each Mouthly Billing Paul until encoo Monthly Billing Pencils -have elapsed madculawo true 12-monlikrolling average. Annual Capacity Biding Factor, Periododming which the Facility has temporarily set its Committed Capacity equal to 0 KIV due to 6 Force Majeure event pursuant to $ccitiall 16 shall bccxctudcd MCF Monthly Capacity ractor. ilia sum of (i) the Hourly Factors of tile fort-Dispatal flours plus (Ii) the Hourly Factors orthe.riiiqlatch Holzg or tile Hourly factors ortle homw when FpL retlitwited minced deliveries piamiant to Sections 8.4,6 and. SA.S (Iteduced Delivery hoar); divided by the number of hours in the Monthly.Billing Period, IIIINDH Hourly Factor ofa Non•Divpiuch Hour. The energy received during the hour divided by lite Committed Capacity: For puritoirov of calcidating die Hourly Factor ora Non-DjApatchi-loar tile energy received shall nol exceed the (Amallitted Capacity, HFDH- Hourly Factor ofa Wpoldi Hour or a Reduced Delivery Hour. The scheduled energy iveeived divided by the stheduloderiorgyroquested. FerpuTposes ofealcubling the Hourly Factor ofa DitilatchHour or theflourly Factor ofa Reduced Deli vty flour die sclic.dulcd criagyrecciwd AmIl not exceed the scheduled en(T&y requesicd. On-PcaL- Hours - 11wvclours occimingApril I through October 3l Mondays through Fridays, from l2n00nlo9,-W.p'm.excluding. Winona) Ditty, Independence Days -and tsdtor Day; and November I through March 3114onJays through Friday; from 6:00 li'lin, to 10:000.111, and 6'00 p,m' to MOO P'm' prevailing Eastern time miuding TharalwgiNing Day, Christmas Day and New Y"Cs Day, FPL shall )nave the right to chunge such On- Poal; Hours by providing the Q3 U nummunt ofwdy culewlar days, advance notice, Molubly Billing = The Period beginning; on die firstvalendar day of(xivlt cidendwiatoodi, except that lite initial Monthly Billing Period N-jiml diall amisistof tile Period beginning 12;01 ami, oil the Capacity Delivery Period Date and coding with ate W'l culandar day ofstich Inonth, Scheduled }anergy and Dispatch [too" are as, deti in Section 8.4.7 of lite Standard Offer (>ntroct', Issued in': S. L Romig, Director, Rates and Tariffs Effective; AugW27,2015 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 44 COMPANY APPENDIX C TO THF. STANDARD OFFER CONTRACT TERAIINATION FEE Attachment A .First Revised Sheet No. 10:314 The Tennimtation Fee shall.be the sum oftte values for each m onth begitntingwith the month in which,the Capacity.Delivery Date occurs through the month oft6hrimation (or month of calculation, as the case may be), computed according to thefollowing formula: Termination Fee =Termination Fee applicable to Capacity Payment Option plus TermtoationFee applicable to•Fized Firin Energy Option Termination Fee applicable to Capacity:Palmment Options B, C,.D and E where: (MGI; - MCPC) x t{ ;1 with: MCM _ o for al] periotts prior, to the in-servioe date ofthe Company's Avoided Unit; i '= number or dm Monthly Billing Period commencing with rte Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs 1; the month following the mouth in which (rapacity Delivery Date occu s = 2, ele) n Ilia number o(MontiilyBilting Periods.which have elapsed from rite mouth in which the Capacity Delivery Dato.oecurs through the month of ternimation (ormonthofcvdetdation as the rale may be) t die -futtae value of ftp amount. factor necessary to compound a stun monthly so the mm"- peraPntagc rate derived will equal M.,'s increment,il after-tax avoided cost ofcapital (tiefined ns r m Q9-2), for any Monthly Sitting Period in which MCM is greater than NICP,, t shall equal L 'MCA -Monthly Moni}dy Cepitcity 1'ttyment paid to QS corresponding to the Monthly Billing Period i, calculatedin accordance with Appendix B. MCPCs "= MonlWy CePicity Paym ..1, for Option A eorrespooding to the Monthly -Billing period i, 'calculated in aecor(tanea with QS4 In the event that for any Mouthly Biting Period, Ilse compatolion ofthe value of file t,apacify Payment Ttxminafien Fee for such Mondly:Billing Period (its set forth above) yields o valise equal to or greater than sero, thv amount orthe CajtacityPaymncimtT'ernunation Fey: shall !ie inxemed by the amount or such vahw. In fire event that for any Monthly Billing -Period, the computation.of lie value of die Capacity PaymtnttTeraninition Fee for such MoniiIly Billing Period (iia set NO ahpve) yieldv a value less than Zero, 'tile amountor the Capacity Payment Termination Fee sand lit d,°creI by the sutizturt of such valise expressed as'a positive munber (the "Initial Reduction Valne'X provided, however, that such Initial Reduction Value shall be s iNect to the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value'): it In Ilse eventthat in the applie»ble MonodyiBillins5'Peaiod tie Aminal. Capacity Silting Factor (ACBF), as defined in Appendix iI .'is. less therm 80°6, then the Initial Reduction. Value shrill be adjusted to equal zero (Redaction Value - 0), and the C,aivtcity Payment Termination Fee shall not be reduced for the applicable Monthly Billing Period. b. In itio evenf that in (lie applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBF), as defined in Appendix B, is equal. to nr.Woffiee tsan 80% Ing less than 94016, then the Reduction Value shall be detertnined alt ,fpdo es; Reduction Valuer— Initial Reduction Value x'10,04x.(AGBF 94%,)j For the applicable Monthly, Billing fti4 the Tennination'Fee shall be reduced by tic amount ofeach Reduction Value. hrno event shat;FPt, be liable to tile QS at arty lime for any amount by which die Capacity Payment Termination' Fee, adjusled ia.uccordance.with the fomgoing, is leas than zero(0). Terinfil-i ion.Fee applicable to the Fixed Firm Rnergy PaNmentOption D Prior to in-scnvice mate of avoidMirmC The Termini tion Fee for tie Fixed Firm Energy Option aball be equal tothe cumulative stint ofthe Fixed ,Finns Enerpy'Payments rnade'to die QS purssnmtto Onion D, starting with the in-service date ofthe QS3aciti fy; for e ch billing cycle. Such number shall mach tine nsaxirnumamount anthe bilbiiueyder''nunediatolyprecectistgthalnllingcycle aasociatedwith die irrsetviccdate afiheAvbide tJiiit. Aller in-seniec Alite of avoidedrntit: TheTeimination ree shall Ire decreased each billing cycle fallowing #ire in-service date of avoided unit by an aruountequal to tic difference between the projected Fixed llnergy Crnn that was used in the ealculatiou h7 determine die base energy oxtst'to ba fixed and amoiiixedpurstmntto Option D .for inich.billing cycle and the amortized Rxed Firrn Energy Paplentin centaXW11 Pima Ilse rnii'g delivered by tike QS not to exceed Ilse M Wit block specified in Appendix E. Is -meld by; 1111iiny Cglien,Dirletor, Ribes avid tariffs Emirtive: Suite 9; 2020 1 9b ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 45 Attachment A I-AkitIJ (,'U]NIVANY. UnginalNheet.No-10.315 APPENDMID TO THE STANDARD OFFER CONTRACT IDETAMED PROJECT ]INFORINIATION Fach eligible Contract received by PPI, will he evaluated to daterntine ifthe underlying Qg:project is financially and technically viable, 'Me QS shall, to the extent available, provide FPL with a detailed projectlyrapoval which addresses the infounation requested below. 1. FACIL]ITY DESCRIPTION • Project Name • Project Location + Street Address Site Plot Plan Legal Descrimion of Site .0 Ginerating Technology Facility. clamification (include types florn statute) Primary Fuel • Altertwe Fuel tifopplical5k) • Corlunitted Ca lme-ity • ENIXected In-Scmice Date • Stearn Host (forengenerntion Acilitics) + Street Address + Legal Desciiption of Steam Host .Host's armutil skarn requirements (ltjsyr) • Contact. Person 4 InMridual'& Nante and Tifle CoutpanyNanie • Address Telephone Number • Tdcoopy Number III, PROJECT P-ARTICIPIMS indicate the entities rcspoasiblc fbr the following projoctinanagoment activities and provide a detailed description of the experieute and capabilities ofthe entities; 4 Project Development # Siting and Licensing the Facility # Desipfing the Facility 0, Constructing the Facility * Securing the Fuel Snpply + Operating ate Facility Provide details oil all electrical generation f4cilities which are currently under cowstruction or operational which were 41mloped-by the Qs. • Describe the financing structure for the projects identifi.ed above, including the:type offinalleing used, the p6mianeut framing term, the major lenders, and the Percentage of equity invested at financial closing; (Continued oil Shed No. 10.316) .Issued by-, S. F. Rant 1g, DirectorRalos and Tariffs Effective: May22,2001 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 46 Attachment A 111"HUM M)WER & UU111 UVAWANY uriginai mieet iNo..ju.310 (Continuedfrom Sheet No. 10.315) 111. VUELSUPPLY • Describe all fbels.to be usedto generate electricity at the Facility. Indicate the specific physicaland chemical characteristics .of each fuel type: (cg., Btu content, sulfur content,, ash content, eto. Identify special considerations regarding fiael supply origin, source andhandling, storage and processing requirement& • Provide annual fuel requirements (AFR) necessary to support the requirements, pursuant to Section 366:91-, Florida Statutes, and the planned levels ofeneraticm and list the assumptions used to determinathese quantities, • Provide a sumillary of the status of the fuel supply arrangements in place to inlet the ARFP in each Year Of the proP6kd operating life of the Facility. Use the categories below todescritic the current amangen-f-ant fousecuring the AM Category Description of Fuel Supply Arrangement fuel is from ii fully developed on-ned.= source owned by one or more of the project participants contract- fidlyexecuied Linn fuel contract e:dsts betweem the developer(s) and fuel si.ipplier(s) 1.01= a letter of intent fcw the fuel supply wdsts between developer(s) and firt supplier(s) REF- renawable enargy facility will burn biouias , waste, or atintltar.rBrteWalJte,resource spot= fuel supply will -be purchased on the spot market none nofirmfueCstipply arrangement currently in place other fuel supply arrangement Which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR whidi is covered by the, above fuel supply arralipment6) for each proposed operating year. The liftvant of AVX covered for each operating year must total 100%., For Intl supply arrangements -identified as owned, contract* or LAI, provide documentation to support this category and explain the fuel price mechanism of the arralgement. In addition, indicate Whether or not the fuel juice intludes delivery and, if so, to what locatiom • DescriW fuel transportation uelwolk5 available for delivering all primary and semidary fuel to the Facility site, Indicate'die niode, route And distance of each segment of the joulney, from fuel source to the Energy Facility site. Discuss the current status and peilineut fuclors.impacting future uvailability ofthe tralispoftation network. • Provide annual fuel transportation requirements (ATTR) necessary to support planned levels of generation and list the- assumptions hewumptions, used to detennine these quantities, • Provide a sumary of tilt status of the, fuel transportation arraMements in place to meet OW AFTRin each year of the proposed operating life of the 1311MY Facility. Use the categories below to describe the current arrangement for securing the AFTR, owned - fuel transport via a frilly developed system owned by one or more of the project participants contract fully executed firm transportation contact eMsts between the developet(s) and fuel transporter(s) LOI a letter orinient for fuel transport emsts bctweon dcvelo;*s) and fu transporter(s) Spot ri fuel transticirtition will be purchised oil the spot market none = no firill fuel tyam-Pollation affangcrnent currently in place Other = file] 11 arlsixiltation arrangement which does knot fit any of the llbove categories (tile describe) 0 Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangementO for each pro, posed operating year. The percent of AFR covered for each operating year must total 100%, For (nel supply arlangernews identified as owned, contract, or 1,01, provide documentation to suppoitthi& category and t?q)Wll'the transportationprice mechanism Of the arrangement, • Provide the maodmunn, minimum, mid average fuel inventory levels to, be maintained for primary and secondary fuels it the Facility Ac. Ust the assumptions used in detial-Inining the inventory levels, (Continued on Sheet No. 10.317) ,Issued hr. S. E. Roinig, Mretiar,.Rates and Tariffs Effedi"T: INTUY22,2007 M ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 47 _N 1:C)lEilJtiil"V W!✓K 6t {Continued from Sheet No. 10.316) IV. PLANT DISPATC'HABLLITY/CONTROLLABILITY Attachment A .. Provide the following operating characteristics and a detailed, explanation supporting the performance capabilities indicated; 4 Ramp Rate (MW/r ingte) • Peak Capability (% above.Crnnmitted Capacity) ♦ Mininjuni pow sr levele(% of Committed Capacity) -• Facility Tu naround Tin*1 Hot to:Hot .01ours) Siert-up Time; frorn Cold Shutdown (hours) s unit Cycling (if cyclesiyT) ♦ MNV and MVAR Contra (AGC;, Manual, Other (please explain)) V. $1TINGAND L14CENS1NC • ;provide a icettcinglperinif(ing milestone schedule which lists all pertnits, licenses :and variances requircd tositethe Facility, Thealso idenft'ry'Ley milestone, daics-fort ba etirla ntonirorir�-appiica6ori.lrrep iratir>n, ragenc�� review, certification and liccroinglsitingboard approval, and agency permit i -mane, • Provide a li'cenStrig/permittmi; )Pian that addrcssea the ,issues of air enusaons, water use, wastewater 'd seharge, wetlands,, endangered species, protected properties, solid waste, surrounding land use, xoning.for the Facility, associated linear facilities, and.support of and opposition to he Facility. • last the emission/effluent discharge linfits the Facility will meet, and describe in detail,die pollution ccaritrol equipment to be used to meet these limits. V.I. PACII:,ITY DEVELOPNII NT AND PERFORMANCE • Submit a detailed engineering, procurement, construction, startup and conanerciial operation schedule. The schedule stunt include milestones for site acquisiiionr engineering tShascs, selection of#lac major. equipincut. vendors, architect cngjncer,'EPC contractor, and Facility; operatorslearirhost integrationsareal delivery of.trwjor equipment, A dismission ofthe current status of each milestone should also be included where applicable. • Attach a diagram of the power block arriulgenietrt. Provide a list of the major equipment vendors and the nameand.model number of the major equipment to be installed. • Provide a detailed description of the proposed environmental control technology for, the.Facility and describe the capabilities of the proposed teehnology. • Attach preliminary flow diagrams for the steam system, water.", cm, and fisc ssysfem,'and 'a attain electrical one line diagram for the Facility, •-State tete expected lheat rate (HHV) at 75 degrees Fahrenheit for ,loads of 1001/4, 7510, and: 50/o. lit addition, attach a preliminary heat balance for the Facility. •: [NGFE:. add any.requiiements related to demonstrating that the facility meets the requirements under the statute or applicable' tales]. (Continued on Sheet No. 10.318) Issued by: S. E. -Romig, Director, Rates and Tariffs Effective-.. May 22;2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 48 Attachment A FIDRUM POWER &, LIGITr COMPANY Alriginal sheet (Coritimed from Sheet No, 10-317) VIL 'FINANCUL Provide FPL. with m,;tvanoes that the proposed QS project.is financially viable consistent with FPSC Rnle25-JUS32(4) (C) byuttading a detailed pro -forma cish flow ardysi& The pro -farina must include, at a inivinumi, the following wunptions foreachyeaT 01 the project. .* Annual Project Reve rates Capacity Payrhe4s (S andilMN46) • Variable U&M (S and $/,%4Wii) 10 Cnergy (S and S/MkVh) :6 Stearn Revenues (S and %Ab.) 0 Tipping Fees (S and Mon) interest )"lie • Other Revenues Variable O&M 135621ati0h(*W)T) Fnagv Eseal ation: (4otyr) • Stearn:Escalation (1141yr) • Tipping Fee Esxzlation (Wyrj + Annn' Al PrOject Expenses • Fixed (-)&N4 ($ and &1KAMO) • Variable O&M (5 and SAMI) • Eaergy (S and VMkVh) • Property Taxes (g) 11,61vance (S) • Emission Compliance (S and SIMW'h) • Depreciation (S and'No/yr) • ottwf Expctue (S) Fixed O&M Escrilation (%/yr) • Variable O&M Escalation (%W)i) Energy Escalation (%'-Yr) + officupr6ect Information • installed Cost of the BlergY Facility (' q and $/KNV) Comiritted Capacity (KW,) Avenge I lea I :Rate - 11.14 V (M BTU/Mh) • Federal Income'rax Rate ('t;) • Facility Capacity Factor (-o) 1-3TIew Sold to FPL (MIMI) + perrulnent, rinaticing 0 Permanent Financing Term (yrs) • Project Capital Shucture (parcentage.of long-term debt; subordinated debt-, tax exempt debt, and equity) • Financing Costs (cost oflong-tenn debt, subordinated debt, tax exempt debt, and eq6ty) • Annual Intereost F)ITense • Amami Mbt Service ($) MuortizAtioll Schedule (beginning balance, interest expense. principal reduction, ending balance) Provide details ofthe findwing plan for the Project MW in(licate whether (be project, will be'Howrecourse pro, w financed, irit still not be project financed please explain the alternative rhiarwing arrangLulent, * Submit,'financial statements for the last wo years on the principals of the project, and provide an ilittoicition or. (lie project Issued by: S. E Romig, Dinwori Rales and TorIM �Efficlive: May I2,2007 ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 49 APPENDIVE TO THF F STXNDARD OFFER CONTRACT CONTRACT OPTIONS TO B . E I SELL, . CTED13YOS Term of Contract Execution date Terrm'nation date .Firm Cavaetty flates: Commencementdatefor deliveries of FirmEiiergy and Capacity Capacity Payment Option, Selected,(fmm available Options A through I,) If Option E is selected` proposed payment -stream: Attachment A Schedule of Capacity Payments to be provided by, the Company based on applicable parameters follows: Year $1KW/1%4onth Enerrg, ylkates u-ily Energy payment Options selected applidable to energy produced by the QS and delivered to the Company (from available Option A or,8 and D) Select from Option A or 8 And Select D I "tion D is selected by the q8; the Compattyand die QS mutuaIly iigree on fixing and antorti A nl; the following portion of the'Da-e Sttergy:Costsassociated uith dieAvoided Unit % which yields MNVH Projected Energy Cost of Energy: Produced by Avoided Unit,(provided by die Company Year Proiccicd Fixed Enemy cost (in Cqnts/XNVR or in bwlw) Based on flio projoed ons or FnLnl),y Costs Produced by the Avoided Unit wid the mutually ageed upon pollion 0 f the Base Erterg 'y Costs associated with the Avoided Unit the Fixed Energy Payinernshall be —SIMWH ors .-Jas applicable), Issued by: S. E. Romig, Director, Rates and Toriffs Effective: Mjy22,2007 7B mr-L) 0141LUL DOCUMENT . N 0.08705-2021. FPSC `'COMMISSION CLERK BEI O1th'fHI: FL.ORII)A PUBLIC SERVICE COMMISSION In re: Petition for approval of revised standard DOCKET NO. 20210067 -EQ offer contract and a revised accompanying rate ORDER NO. PSC -2021 -029.5 -CO -EQ schedule QS -2, by Florida Power & Light ISSUED: August a, 2021 Company'. CONSUMMATING ORDER BY 'TI{E COMMISSION: By Order No. PSC -2021 -0252 -PAA -EQ, issued July 12, 2021, this Commission proposed to take certain action, subject to a Petition. for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore. ORDERED by the Florida Public Service Commission that Order No. PSC -2021 -0252 - PAA -EQ has become effective and final. It is further CWM ORDERED that this docket is hereby closed. By ORDER of the Florida Public Service Commission this 4th day of August, 202 1. AN Florida Public Service Commission 240 Shunlard Oak Boulevard "Tallahassee, Florida 32399 (850) 413-6770 www.floridapse.com Copies furnished: A copy of this document is provided to the pa►lies of record at the time of issuance and, if applicable, interested persons. 2 ORDER NO. PSC -2021 -0295 -CO -EQ DOCKET NO. 20210067 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and: time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief.sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after, the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 3 '7C INFORMATIONAL The following is the schedule of holidays for Indian River County employees for 2022: Holiday County Observance New Year's Day Friday, December 31, 2021 (observed) Martin Luther King Jr. Day . Monday, January 17, 2022 Good Friday Friday, April 15, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022 Labor Day INDIAN RIVER COUNTY Veterans Day INTER -OFFICE MEMORANDUM T0: Jason Brown Day after Thanksgiving County Administrator FROM: Suzanne Boyll Human Resources Director DATE: July 9, 2021 SUBJECT: 2022 Holiday Schedule The following is the schedule of holidays for Indian River County employees for 2022: Holiday County Observance New Year's Day Friday, December 31, 2021 (observed) Martin Luther King Jr. Day . Monday, January 17, 2022 Good Friday Friday, April 15, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022 Labor Day Monday, September 5, 2022 Veterans Day Friday, November 11, 2022 Thanksgiving Day Thursday, November 24, 2022 Day after Thanksgiving Friday, November 25, 2022 Christmas Eve Friday, December 23, 2022 (observed) Christmas Day Monday, December 26, 2022 (observed) New Year's Day By: Jason Br w , County Administrator Monday, January 2, 2023 (observed) 7//, Date F, 7Q Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Twilight Night Shoots!. Aug - Thursdays @ IRC Shooting Range and Clays Facility • 5-9pm- Night Shooting is BACK by Popular Demand at the Shooting Range! Mahjong & RummiKub - NEW Times at the iG! Aug 17 @. iG Center: Tuesdays & Thursdays • 1-3:30pm - Mahjong - Tuesdays • 1-3:30pm RummiKub - Thursdays Yoga with Rebecca is.Back! Aug 18 @ iG Center: Wednesdays • 6-7pm: Join Miss Rebecca every Wednesday Evening at the iG Center for Yoga! Basic Firearms Use & Safety/Concealed Course www.femmefatalearms.com Aug 19 @ IRC Shooting Range: • 9:30am - Course by Femme Fatale Arms / Richard Dockery, $145 per person. UP-BEARNEW/FREE Boxing Fitness Class for 55+ Active Adults at the iG! Aug 19 @ iG Center: Tuesdays & Thursdays • 3-4pm Step into the Fit Stop at the iG Center with Miss Sandy for some Fitness Boxing FUN! FREE Intro to Pickleball Class! Aug 23 @ iG Center: Monday • 12:30-1:45pm: Learn the basics about Pickelball from Derrek at the iG Center! Hunter Education Class & Skills Day! Brought to you by My FWC Aug 28 @ IRC Shooting Range: Saturday www.myFWC.com • 9am-3pm: Must complete the Online Hunter Education course prior to the Skills Day. Adult Co -Ed Softball Registration Begins / Manager's Meeting Sept 1 @ iG Center • 6pm: NOW Register ONLINE too! Contact Scott Seeley at scseeley@ircgov.com. 5 CCW (Concealed Carry Weapon) Course Sept 4 @ IRC Shooting Range: • 9am - LuAnn Moyer Training Group www.luanntraininggroupllc.teamapp.com Commissioner O'Bryan's: S. County Community Meeting Sept 6 @ iG. Center - Rm 112A: • 5:30-7pm- One on one with Commissioner Peter O'Bryan. FREE Intro to Pickleball Class! Sept 13 & 27 @ iG Center: Monday • 12:30-1:45pm: Learn the basics about Pickelball from Derrek at the iG Center! Children's Pirate Party Sept 14 @ North IRC Library: Tuesday • 6pm: Pirate -themed games, crafts & activities. No registration needed. 5-12year olds. FREE! Lickity Split Skillet Meals with Chef Caterson! Sept 15 @ Brackett Library: • 6pm - Learn 5 healthy meals that you can whip up in your skillet! Basic Firearms Use & Safety/Concealed Course www.femmefatalearms.com Sept 16 @ IRC Shooting Range: • 9:30am - Course by Femme Fatale Arms / Richard Dockery, $145 per person. Children's Mod Podge Party Sept 22 @ Brackett Library: Wednesday • 6pm: Let's Decorate! We'll provide the Mod Podge, you bring the creativity. 1st - 5th graders. St. Edward's Cross Country Meet! Sept 25 @ iG / Wiggins Field / Richard N. Bird S. County Regional Park • 6:45-10am: St. Ed's will be hosting their Cross Country Meet at the iG Center! Hunter Education Class & Skills Day! Brought to you by My FWC Sept 25 @ IRC Shooting Range: Saturday www.myFWC.com • 9am-3pm: Must complete the Online Hunter Education course prior to the Skills Day. Gun Show by Patriot Productions www.patriotproductions.com Sept 25 @ IRC Fairgrounds: • l Oam-5pm, SAT & IOam-4pm SUN. Admission is $8. World Record Challenge Party Sept 30 @ IRC Main Library: Monday • 6pm: For Elem-school-aged kids. Inspired by the Guinness Book of World Record Challenges. Al 7:5 INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: August 5, 2021 SUBJECT: 3rd Quarter FY 2020/2021 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the third quarter of fiscal year 2020/2021. 7 0 0 G 77, - Nx -I lk*Q N 9 co n N 4 b O M P P W N O m O N U C: N O T 0 L O) w O U N O U C N N Q 0 C) O C7 9 co 06 LO t 0 M n G r� Y P m O M n O a� v c 1 N 0 O L L C O E L N 0 N N P 0 .O 6 a O N "O Q N N 4 Ta O c U O E w L � 3 moo: 'O ^ co P O N (D Q LL O O O X 0 O N O D a N C O N U c N N � L -00 3 N co 4 J •h v O c LL N U 0 Q E U X O j O a c m CL O 0 a o O N P U 0+ C E -00 U Q U U a O O N 3 0 •° `O T N MC O Q- 02 OL of '0 U Q N 6 O Q C O 0 NU � 75 6 OS 0- N L � 0 U Q U N O O 0 N O N NC: O N N T p N d 0 E 0 U O h •- V 00 n 00 to st 10 0 d 0 N X) n N C� C; p. h O c O (D a) U- C O O c Q o U a 0 CL D d) W. 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O LO P N y} O N Cl) P N . tri O N n 10 N V) CLQ O V h N Cl) O tT CV N O LO c O a C O xx a7 Qt C a t e U O W Z W CL 0 X N W D W O W CL Nw U a) O Q z 0 C Cl) n V) N ea4 (7 n N b4 64 ]L U Q Q w m r U N Z Q J Q ui w z LU CD N O O N O co 7 O P N N O C (D C N N U C m ZS N c i M W I Cl) co O co b4 ' N N N "O 10 b4 00 O M C v Cl. Cr Cil, f a n P n n cc C a) O Q E O 0 D O T t3 Q U od C: O C) U O N O Cr O CT Cl) C.v Lo N W N N N b'} lo b lo co v9- v,, C n h C CL C O IL 'f U C O Q C a U C V5 C C7 C Ch+t M V I� I"0 e7 M O N C"*) f\ t,4 1 to tCN oILf� (h N ff} lay co Io �^ I0� `0 O N t9 I W LU Q H w ' OOz W � �a � U w w CL Oo O O O O Ch cq J7 LJ N I� M O N N .o N N M O LO N h N O N n K co N h N 3a It N JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 1, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 25, 2021 to July 1, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 25, 2021 to July 1, 2021. on, 25 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 410604 06/25/2021 UNITED WAY OF INDIAN RIVER COUNTY 687.00 410605 06/25/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 410606 06/25/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 39.07 410607 06/25/2021 NORTH CAROLINA CHILD SUPPORT 105.69 410608 06/25/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 410609 06/25/2021 FIRST VANGUARD RENTALS & SALES INC 19,417.00 410610 06/29/2021 INDIAN RIVER HABITAT 3,525.00 410611 06/29/2021 IRC HOUSING AUTHORITY 3,587.00 410612 06/29/2021 VERO GREEN 3,828.00 410613 06/29/2021 PNC BANK NA 4,500.00 410614 06/29/2021 COLONIAL HEIGHTS ACQUISITION LP 4,500.00 410615 06/29/2021 GIESSERT FAMILY LLC 4,500.00 410616 06/29/2021 LOIS 10TH AVENUE SALON 10,000.00 410617 06/29/2021 RESCUE DOGS LLC 4,500.00 410618 06/29/2021 PAUL CARONE 6,221.00 410619 06/29/2021 WILLIE C REAGAN 2,354.00 410620 06/29/2021 TREASURE COAST HOMELESS SERVICES 4,720.00 410621 06/29/2021 BRACKETT FAMILY LIMITED PARTNERSHIP 1,037.00 410622 06/29/2021 LARRY STALEY 639.00 410623 06/29/2021 DAVID SPARKS 700.00 410624 06/29/2021 FORT PIERCE HOUSING AUTHORITY 725.00 410625 06/29/2021 THE PALMS AT VERO BEACH 2,355.00 410626 06/29/2021 ARTHUR PRUETT 756.00 410627 06/29/2021 MICHAEL JAHOLKOWSKI 547.00 410628 06/29/2021 STEVEN RENNICK 661.00 410629 06/29/2021 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 410630 06/29/2021 PAMELA R CUNNINGS 689.00 410631 06/29/2021 INDIAN RIVER RDA LP 1,115.00 410632 06/29/2021 OKEECHOBEE PARTNERS LLC 807.00 410633 06/29/2021 MISS INC OF THE TREASURE COAST 2,571.00 410634 06/29/2021 STEVE ABERNATHY 930.00 410635 06/29/2021 FIVE STAR PROPERTY HOLDING LLC 1,060.00 410636 06/29/2021 VAL APTS LLC 852.00 410637 06/29/2021 AUGUSTUS B FORT JR 713.00 410638 06/29/2021 H&H SHADOWBROOK LLC 657.00 410639 06/29/2021 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,038.00 410640 06/29/2021 ALD{ DENEAU 750.00 410641 06/29/2021 NKW PIP HOLDINGS I LLC 1,967.00 410642 06/29/2021 KARL POKRANDT 1,072.00 410643 06/29/2021 BRANDON ROUER 820.00 410644 06/29/2021 HUDSON CONSULTING & MANAGEMENT LLC 538.00 410645 06/29/2021 PAMELA CHAVEZ 744.00 410646 06/29/2021 SHARON P BRENNAN 661.00 410647 06/29/2021 CORNELIA H LAHEY 1,126.00 410648 06/29/2021 IXORIA LLC 711.00 410649 06/29/2021 SHAUNA WALGRAVE 950.00 410650 06/29/2021 A PLUS PROPERTY MANAGEMENT INC 8,692.00 410651 06/29/2021 ORCHARD GROVE VENTURE LLC 1,537.00 410652 06/29/2021 GEORGIA KING LLC 1,557.00 410653 06/29/2021 BREGO PROPERTIES LLC 3,754.00 410654 06/29/2021 SREIT LEXINGTON CLUB LLC 3,955.00 410655 06/29/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 410656 06/29/2021 MARLBROS HOLDINGS LLC 1,036.00 410657 06/29/2021 JARROD CANNON 916.00 410658 06/29/2021 VERO BEACH PLACE LLC 829.00 410659 06/29/2021 SILVER ORANGE LLC 730.00 410660 06/29/2021 SEUNG KIM 708.00 410661 06/29/2021 MICHAEL MILLER 1,459.00 26 TRANS NBR DATE VENDOR AMOUNT 410662 06/29/2021 RS REALTY ADVISORS LLC 2,888.00 410663 06/29/2021 STEVEN GIORDANO 1,300.00 410664 07/01/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 410665 07/01/2021 MICHAEL ZITO 142.31 410666 07/01/2021 AMANDA KOCH 105.00 410667 07/01/2021 GARRETT DANCY 89.00 410668 07/01/2021 DUKE HAWKINS 107.00 410669 07/01/2021 TYLER PARKER 70.00 410670 07/01/2021 GUARDIAN EQUIPMENT INC 830.00 410671 07/01/2021 SSES INC 1,950.00 410672 07/01/2021 TEN-8 FIRE EQUIPMENT INC 233.62 410673 07/01/2021 HENRY SCHEIN INC 5,574.71 410674 07/01/2021 AT&T WIRELESS 106.99 410675 07/01/2021 DATA FLOW SYSTEMS INC 3,871.07 410676 07/01/2021 GRAINGER 1,027.06 410677 07/01/2021 REPUBLIC SERVICES INC 267,195.64 410678 07/01/2021 HACH CO 1,435.19 410679 07/01/2021 BOUND TREE MEDICAL LLC 6,111.01 410680 07/01/2021 PETES CONCRETE 4,400.00 410681 07/01/2021 MOTION INDUSTRIES INC 2,504.19 410682 07/01/2021 CHILDCARE RESOURCES OF IRC INC 29,703.63 410683 07/01/2021 ODYSSEY MANUFACTURING CO 4,910.90 410684 07/01/2021 JIMMYS AIR & REFRIGERATION INC 118.75 410685 07/01/2021 SUNSHINE SAFETY COUNCIL INC 469.95 410686 07/01/2021 SUNSHINE REHABILATION CENTER OF IRC INC 1,595.00 410687 07/01/2021 CITY OF VERO BEACH 943.04 410688 07/01/2021 AT&T CORP 402.20 410689 07/01/2021 FEDERAL EXPRESS CORP 7.32 410690 07/01/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 59.03 410691 07/01/2021 FLORIDA POWER AND LIGHT 98,720.56 410692 07/01/2021 GIFFORD YOUTH ACHIEVEMENT CENTER INC 10,786.58 410693 07/01/2021 SUNSHINE STATE ONE CALL OF FL INC 2,194.00 410694 07/01/2021 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,516.48 410695 07/01/2021 COMPLETE ELECTRIC INC 105.00 410696 07/01/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 150.00 410697 07/01/2021 IRC HEALTHY START COALITION INC 3,333.34 410698 07/01/2021 IRC HEALTHY START COALITION INC 5,500.00 410699 07/01/2021 IRC HEALTHY START COALITION INC 10,438.09 410700 07/01/2021 IRC HEALTHY START COALITION INC 8,333.33 410701 07/01/2021 IRC HEALTHY START COALITION INC 2,666.65 410702 07/01/2021 G K ENVIRONMENTAL INC 23,500.00 410703 07/01/2021 TREASURE COAST TITLE AGENCY INC 25.88 410704 07/01/2021 GATOR'S SOD INC 180.00 410705 07/01/2021 MICHAEL QUIGLEY 150.00 410706 07/01/2021 THE AVANTI COMPANY INC 1,554.82 410707 07/01/2021 TOWN OF ORCHID 4,080.83 410708 07/01/2021 THE CLEARING COMPANY LLC 525.00 410709 07/01/2021 BIG BROTHERS AND BIG SISTERS 2,500.00 410710 07/01/2021 BIG BROTHERS AND BIG SISTERS 14,743.82 410711 07/01/2021 SOUTHERN JANITOR SUPPLY INC 51.66 410712 07/01/2021 ETR LLC 234.29 410713 07/01/2021 ALZHEIMER/PARKINSONASSOCIATES 27.68 410714 07/01/2021 RF CONCRETE CONSTRUCTION INC 34,600.00 410715 07/01/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 205.29 410716 07/01/2021 JAMES M REID 27.42 410717 07/01/2021 TOTAL TEMPERATURE INSTRUMENTATION INC 6,430.00 410718 07/01/2021 JOHNNY B SMITH 50.00 410719 07/01/2021 MENTAL HEALTH ASSOCIATION IRC INC 10,431.00 410720 07/01/2021 GLOBALSTAR USA 200.30 410721 07/01/2021 VAN HEUSEN DIRECT 359 31.42 27 TRANS NBR DATE VENDOR AMOUNT 410722 07/01/2021 ANN TAYLOR INC 39.42 410723 07/01/2021 LANE BRYANT 4121 OUTLET LLC 125.99 410724 07/01/2021 MAJOR, JOHNNIE M 42.00 410725 07/01/2021 KRISTIN DANIELS 30.00 410726 07/01/2021 FLORIDA HANDLING SYSTEMS INC 378.24 410727 07/01/2021 JOHN FRANCISCO 30.00 410728 07/01/2021 JUDITH P SHOTTES 50.00 410729 07/01/2021 XYLEM WATER SOLUTION USA INC 444.50 410730 07/01/2021 AUTOMATIONDIRECT.COM INC 170.00 410731 07/01/2021 PROPAC INC 693.62 410732 07/01/2021 ALAN JAY CHEVROLET CADILLAC 1,645.00 410733 07/01/2021 JOSHUA HARVEY GHIZ 1,263.99 410734 07/01/2021 NEWSOM OIL COMPANY 903.00 410735 07/01/2021 MKI SERVICES INC 32,450.00 410736 07/01/2021 CARDINAL HEALTH 110 INC 2,157.23 410737 07/01/2021 MUNICIPAL EMERGENCY SERVICES INC 2,713.34 410738 07/01/2021 BURNETT LIME CO INC 13,310.82 410739 07/01/2021 LEARNING ALLIANCE 22,849.81 410740 07/01/2021 RYAN HERCO PRODUCTS CORP 636.03 410741 07/01/2021 CHEMTRADE CHEMICALS CORPORTATION 5,960.34 410742 07/01/2021 BRUCE SABOL 20.00 410743 07/01/2021 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 410744 07/01/2021 CATHEDRAL CORPORATION 863.10 410745 07/01/2021 UNIFIRST CORPORATION 509.75 410746 07/01/2021 HYDROMAX USA LLC 42,882.00 410747 07/01/2021 BARSALOU VENTURES LLC 38.00 410748 07/01/2021 CROSSOVER MISSION 13,334.00 410749 07/01/2021 WURTH USA INC 58.50 410750 07/01/2021 AC VETERINARY SPECIALTY SERVICES 1,836.32 410751 07/01/2021 MATHESON TRI -GAS INC 3,822.69 410752 07/01/2021 COLE AUTO SUPPLY INC 1,446.95 410753 07/01/2021 RHOADES AIR & HEAT 1,656.27 410754 07/01/2021 CORE & MAIN LP 8,991.16 410755 07/01/2021 WOERNER AGRIBUSINESS LLC 280.00 410756 07/01/2021 FIRST CHURCH OF THE NAZARENE INC 850.00 410757 07/01/2021 TYKES & TEENS INC 13,316.17 410758 07/01/2021 REXELUSA INC 2,495.61 410759 07/01/2021 CHANGE HEALTHCARE LLC 8,385.69 410760 07/01/2021 DIRECTV GROUP INC 81.99 410761 07/01/2021 EMPIRE PIPE ORLANDO LLC 30,151.80 410762 07/01/2021 BLOOPRINT MANAGEMENT INC 351.56 410763 07/01/2021 AMAZON CAPITAL SERVICES INC 2,064.32 410764 07/01/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,540.00 410765 07/01/2021 ALL RITE WATER PURIFICATION INC 78.59 410766 07/01/2021 AMERIGAS PROPANE LP 687.79 410767 07/01/2021 JOHN J DRISCOLL 50.00 410768 07/01/2021 JORDAN POWER EQUIPMENT CORP 1,642.69 410769 07/01/2021 LIFE EXTENSION CLINICS INC 109,415.00 410770 07/01/2021 CK CONTRACTORS & DEVELOPMENT LLC 104,283.11 410771 07/01/2021 MULLINAX FORD OF VERO BEACH 29.88 410772 07/01/2021 BLUE GOOSE CONSTRUCTION LLC 6,425.00 410773 07/01/2021 STAPLES INC 350.58 410774 07/01/2021 LOWES COMPANIES INC 2,749.68 410775 07/01/2021 SMI TRADING LLC 46.64 410776 07/01/2021 CHRIS ZAVESKY 50.00 410777 07/01/2021 CONSOR ENGINEERS LLC 158,134.16 410778 07/01/2021 THEODORE SEMI 50.00 410779 07/01/2021 DARIO FOTI 520.64 410780 07/01/2021 RANDALL J STANTON 50.00 410781 07/01/2021 PEOPLE READY FLORIDA INC 520.00 TRANS NBR DATE VENDOR AMOUNT 410782 07/01/2021 HEDRICK BROTHERS CONSTRUCTION CO INC 6,453.00 410783 07/01/2021 LAWRENCE F WALLIN 50.00 410784 07/01/2021 VIZOCOM ICT LLC 234.00 410785 07/01/2021 VERO COLLISION II LLC 1,701.73 410786 07/01/2021 HIREQUEST LLC 973.55 410787 07/01/2021 PETERBILT STORE SOUTH FLORIDA LLC 202.56 410788 07/01/2021 ENVIRONMENTAL EQUIPMENT SERVICES LLC 1,416.67 410789 07/01/2021 PRESIDIO HOLDINGS INC 469.50 410790 07/01/2021 WA BUTLER COMPANY 204.24 410791 07/01/2021 SAMUEL ANDERSON & MELISSA MIRANDA 500.00 410792 07/01/2021 PREMIER TITLE PARTNERS OF FLORIDA LLC 39.10 410793 07/01/2021 MATTHEW BARTH 67.50 410794 07/01/2021 CHRISTOPHER CAREY 25.81 410795 07/01/2021 ANTHONY GLEBUS 52.70 410796 07/01/2021 STEFANIE SESSIONS 106.77 410797 07/01/2021 ROBERT WOOMER 30.78 410798 07/01/2021 GUY HAREL 21.14 410799 07/01/2021 BLAKE CAMPBELL 1,748.55 410800 07/01/2021 MONICA ANN LEWIN 2,097.83 410801 07/01/2021 STEVE FLORIO 55.58 410802 07/01/2021 WILLIAM MC GRATH 150.00 410803 07/01/2021 VERO BEACH BAPTIST CHURCH 1,150.00 410804 07/01/2021 PORT CONSOLIDATED INC 2,053.94 410805 07/01/2021 SSES INC 610.18 410806 07/01/2021 LENGEMANN CORP 78.73 410807 07/01/2021 RANGER CONSTRUCTION IND INC 1,577.80 410808 07/01/2021 VERO CHEMICAL DISTRIBUTORS INC 181.60 410809 07/01/2021 PERERS ENTERPRISES INC 422.53 410810 07/01/2021 RICOH USA INC 134.38 410811 07/01/2021 RICOH USA INC 140.84 410812 07/01/2021 SAFETY PRODUCTS INC 625.56 410813 07/01/2021 E -Z BREW COFFEE & BOTTLE WATER SVC 32.94 410814 07/01/2021 KELLY TRACTOR CO 3,448.82 410815 07/01/2021 WILD LAND ENTERPRISES INC 16.00 410816 07/01/2021 LFI FORT PIERCE INC 1,739.83 410817 07/01/2021 AVERY DENNISON CORPORATION 4,175.40 410818 07/01/2021 EXPRESS REEL GRINDING INC 1,499.94 410819 07/01/2021 TIRESOLES OF BROWARD INC 2,230.00 410820 07/01/2021 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,200.00 410821 07/01/2021 WORLD BOOK INC 219.00 410822 07/01/2021 BAKER & TAYLOR INC 3,317.46 410823 07/01/2021 MIDWEST TAPE LLC 1,902.57 410824 07/01/2021 CENGAGE LEARNING INC 340.40 410825 07/01/2021 GO COASTAL INC 223.20 410826 07/01/2021 CITY OF VERO BEACH 92.38 410827 07/01/2021 ACUSHNET COMPANY 2,809.74 410828 07/01/2021 COMO OIL COMPANY OF FLORIDA 422.71 410829 07/01/2021 FAMOSO INC 274.66 410830 07/01/2021 FLORIDA POWER AND LIGHT 18,860.79 410831 07/01/2021 FLORIDA POWER AND LIGHT 1,921.53 410832 07/01/2021 FLORIDA POWER AND LIGHT 8,676.20 410833 07/01/2021 COMPLETE ELECTRIC INC 285.00 410834 07/01/2021 FLORIDA STATE GOLF ASSOCIATION 118.00 410835 07/01/2021 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 410836 07/01/2021 G K ENVIRONMENTAL INC 5,300.00 410837 07/01/2021 NORTHERN TOOL & EQUIPMENT CO 336.95 410838 07/01/2021 BRIDGESTONE AMERICAS INC 1,090.62 410839 07/01/2021 ECONOLITE CONTROL PRODUCTS INC 728.00 410840 07/01/2021 CINTAS CORPORATION NO 2 102.76 410841 07/01/2021 CINTAS CORPORATION NO 2 211.48 29 TRANS NBR DATE VENDOR AMOUNT 410842 07/01/2021 FASTENAL COMPANY 69.41 410843 07/01/2021 THE SHERWIN WILLIAMS CO 147.90 410844 07/01/2021 SOUTHERN JANITOR SUPPLY INC 2,502.17 410845 07/01/2021 GLOVER OIL COMPANY INC 40,855.19 410846 07/01/2021 ORCHID ISLAND PROPERTY MGMT II INC 1,400.00 410847 07/01/2021 TNEMEC COMPANY INC 381.77 410848 07/01/2021 OVERDRIVE INC 3,322.49 410849 07/01/2021 ALAN JAY CHEVROLET CADILLAC 56,452.00 410850 07/01/2021 REPROGRAPHIC SOLUTIONS INC 77.28 410851 07/01/2021 CARROT TOP INDUSTRIES INC 145.57 410852 07/01/2021 ALEX MIKLO 50.00 410853 07/01/2021 STRAIGHT OAK LLC 259.65 410854 07/01/2021 STS MAINTAIN SERVICES INC 2,475.00 410855 07/01/2021 MICHAEL EDWARD HAMILTON 300.00 410856 07/01/2021 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,630.00 410857 07/01/2021 UNIF]RST CORPORATION 791.19 410858 07/01/2021 CCNK LLC 8,150.00 410859 07/01/2021 SCHUMACHER AUTOMOTIVE DELRAY LLC 191.75 410860 07/01/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 23.12 410861 07/01/2021 ADVANCE STORES COMPANY INCORPORATED 379.08 410862 07/01/2021 COVERALL NORTH AMERICA INC 2,015.00 410863 07/01/2021 COLE AUTO SUPPLY INC 1,394.32 410864 07/01/2021 CORE & MAIN LP 1,890.00 410865 07/01/2021 THOMPSON TRACTOR CO INC 935.00 410866 07/01/2021 DJD EQUIPMENT HOLDINGS LLC 2,683.92 410867 07/01/2021 AMAZON CAPITAL SERVICES INC 3,736.13 410868 07/01/2021 PIRATE PEST CONTROL LLC 45.00 410869 07/01/2021 CALITEN LLC 40.27 410870 07/01/2021 JOHN J DRISCOLL 75.00 410871 07/01/2021 JORDAN POWER EQUIPMENT CORP 788.75 410872 07/01/2021 PC SOLUTIONS & INTEGRATION INC 1,412.00 410873 07/01/2021 MULLINAX FORD OF VERO BEACH 56.00 410874 07/01/2021 JUDITH A BURLEY 209.00 410875 07/01/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 85.00 410876 07/01/2021 STAPLES INC 121.51 410877 07/01/2021 LOWES COMPANIES INC 2,476.69 410878 07/01/2021 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 410879 07/01/2021 CHRIS ZAVESKY 50.00 410880 07/01/2021 JEFFREY ALAN BRAUER 350.00 410881 07/01/2021 SPARKFUN ELECTRONICS INC 738.30 410882 07/01/2021 ROBERT A HUDSON 75.00 410883 07/01/2021 THEODORE SEMI 25.00 410884 07/01/2021 BLUEBEAM INC 1,192.00 410885 07/01/2021 AQUATIC WEED CONTROL INC 145.00 410886 07/01/2021 BRITTON INDUSTRIES INC 866.36 410887 07/01/2021 CW ROBERTS CONTRACTING INC 124,084.42 410888 07/01/2021 RANDSTAD NORTH AMERICA INC 1,183.85 410889 07/01/2021 PEOPLE READY FLORIDA INC 2,731.52 410890 07/01/2021 TREASURE COAST TEES & TROPHIES LLC 586.70 410891 07/01/2021 MARC H MASET 75.00 410892 07/01/2021 LAWRENCE F WALLIN 50.00 410893 07/01/2021 JOHN WAYNE WHEELER 75.00 410894 07/01/2021 INTERNATIONAL BRONZE PLAQUE CO INC 149.00 410895 07/01/2021 ROADSAFE TRAFFIC SYSTEMS INC 1,431.50 410896 07/01/2021 MARUBENI AMERICA CORPORATION 1,460.30 410897 07/01/2021 THERAGUN INC 293.80 410898 07/01/2021 AT&T WIRELESS 43.23 410899 07/01/2021 CITY OF VERO BEACH 103.50 410900 07/01/2021 SOUTHEAST JET CONSULTLANTS INC 105.00 Grand Total: 1,685,040.97 30 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901266 06/25/2021 CREATIVE CHOICE HOMES XVI LTD 541.59 901267 06/25/2021 ST FRANCIS MANOR OF VERO BEACH 40.00 901268 06/25/2021 PELICAN ISLES LP 849.00 901269 06/25/2021 SREIT LEXINGTON CLUB LLC 3,810.00 901270 06/25/2021 STREIT RIVER PARK PLACE LLC 285.00 901271 07/01/2021 CELICO PARTNERSHIP 7.15 901272 07/01/2021 CANON FINANCIAL SERVICES INC 31.99 901273 07/01/2021 ORCHARD GROVE VENTURE LLC 406.00 901274 07/01/2021 GRACES LANDING LTD 11,149.00 901275 07/01/2021 BETTY DAVIS SCROGGS 772.00 901276 07/01/2021 CREATIVE CHOICE HOMES XVI LTD 11,652.00 901277 07/01/2021 DAVID YORK 577.00 901278 07/01/2021 ST FRANCIS MANOR OF VERO BEACH 1,298.00 901279 07/01/2021 TREASURE COAST HOMELESS SERVICES 2,749.00 901280 07/01/2021 FLORIDA POWER AND LIGHT 266.00 901281 07/01/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,267.00 901282 07/01/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,712.00 901283 07/01/2021 THE PALMS AT VERO BEACH 17,608.00 901284 07/01/2021 DAVID CONDON 801.00 901285 07/01/2021 HILARY MCIVOR 466.00 901286 07/01/2021 PELICAN ISLES LP 7,537.00 901287 07/01/2021 SUNCOAST REALTY & RENTAL MGMT LLC 4,493.00 901288 07/01/2021 OAK RIVER PROPERTIES INC 221.00 901289 07/01/2021 ADINA GOLDMAN 737.00 901290 07/01/2021 INDIAN RIVER RDA LP 3,221.00 901291 07/01/2021 LAZY J LLC 1,421.00 901292 07/01/2021 JESSE LEWIS 778.00 901293 07/01/2021 SKOKIE HOLDINGS INC 720.00 901294 07/01/2021 SAID S MOOBARK 1,393.00 901295 07/01/2021 OSCEOLA COUNTY SECTION 8 896.08 901296 07/01/2021 ANTHONY ARROYO 683.00 901297 07/01/2021 YVONNE KOUTSOFIOS 19.00 901298 07/01/2021 BRIAN E GALLAGHER 595.00 901299 07/01/2021 SCOT WILKE 204.00 901300 07/01/2021 JOHN T STANLEY 1,060.00 901301 07/01/2021 WEDGEWOOD RENTALS LLC 1,902.00 901302 07/01/2021 MCLAUGHLIN PROPERTIES LLC 2,479.00 901303 07/01/2021 MYRIAM MELENDEZ 595.00 901304 07/01/2021 WATSON REALTY GROUP 2,370.00 901305 07/01/2021 SHER LLC 429.00 901306 07/01/2021 SUNQUEST APRTMENTS LLC 2,867.00 901307 07/01/2021 PJD HOLDINGS LLC 910.00 901308 07/01/2021 ORCHARD GROVE VENTURE LLC 14,416.00 901309 07/01/2021 SONRISE APARTMENT PROPERTIES LLC 3,014.00 901310 07/01/2021 SREIT LEXINGTON CLUB LLC 27,000.00 901311 07/01/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 13,206.00 901312 07/01/2021 B4 TC PROPERTIES LLC 1,017.00 901313 07/01/2021 STREIT RIVER PARK PLACE LLC 15,237.00 901314 07/01/2021 PEMBERLY PALMS HH LLC 26,785.00 901315 07/01/2021 PRODIGY RESIDENTIAL MANAGEMENT LLC 291.00 901316 07/01/2021 EZAS INVESTMENTS LLC 656.00 Grand Total: 198,439.81 31 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018337 06/25/2021 INDIAN RIVER BATTERY 31784.60 1018338 06/25/2021 MEEKS PLUMBING INC 584.00 1018339 06/25/2021 AIR COMPRESSOR WORKS INC 882.95 1018340 06/25/2021 IRRIGATION CONSULTANTS UNLIMITED INC 257.74 1018341 06/25/2021 GROVE WELDERS INC 131.84 1018342 06/25/2021 SOUTHERN COMPUTER WAREHOUSE INC 388.00 1018343 06/25/2021 FIRST HOSPITAL LABORATORIES INC 35.00 1018344 06/25/2021 HD SUPPLY FACILITIES MAINTENANCE LTD 167.74 1018345 06/25/2021 STRYKER SALES CORP 58,907.40 1018346 06/25/2021 MIDWEST MOTOR SUPPLY CO 356.39 1018347 06/25/2021 RECHTIEN INTERNATIONAL TRUCKS 440.48 1018348 06/25/2021 WACO FILTERS CORPORATION 30,060.60 1018349 06/25/2021 STAT MEDICAL DISPOSAL INC 500.00 1018350 06/25/2021 NEXAIR LLC 44.61 1018351 06/25/2021 PACE ANALYTICAL SERVICES LLC 40.00 1018352 06/29/2021 AT&T CORP 11.83 1018353 06/29/2021 AT&T CORP 368.30 1018354 06/29/2021 AT&T CORP 41.27 1018355 06/29/2021 AT&T CORP 11.50 1018356 06/29/2021 AT&T CORP 258.96 1018357 06/29/2021 AT&T CORP 6,018.94 1018358 06/29/2021 AT&T CORP 31.77 1018359 06/29/2021 AT&T CORP 45.33 1018360 06/29/2021 AT&T CORP 531.45 1018361 06/29/2021 AT&T CORP 117.07 1018362 06/29/2021 AT&T CORP 679.13 1018363 06/29/2021 COMCAST 250.20 1018364 06/29/2021 WASTE MANAGEMENT INC OF FLORIDA 257.40 1018365 07/01/2021 PARKS RENTAL & SALES INC 2,760.25 1018366 07/01/2021 COLD AIR DISTRIBUTORS WAREHOUSE 984.35 1018367 07/01/2021 INDIAN RIVER BATTERY 1,280.85 1018368 07/01/2021 INDIAN RIVER OXYGEN INC 162.83 1018369 07/01/2021 RING POWER CORPORATION 5,634.67 1018370 07/01/2021 MIKES GARAGE & WRECKER SERVICE INC 515.00 1018371 07/01/2021 DAVES SPORTING GOODS & TROPHIES 1,288.20 1018372 07/01/2021 SMITH BROTHERS CONTRACTING EQUIP 275.35 1018373 07/01/2021 IRRIGATION CONSULTANTS UNLIMITED INC 1,834.50 1018374 07/01/2021 THE EXPEDITER 65.77 1018375 07/01/2021 WORLD INDUSTRIAL EQUIPMENT INC 962.00 1018376 07/01/2021 TOTAL TRUCK PARTS INC 172.15 1018377 07/01/2021 PRIDE ENTERPRISES 3,153.23 1018378 07/01/2021 RECHTIEN INTERNATIONAL TRUCKS 1,432.39 1018379 07/01/2021 METRO FIRE PROTECTION SERVICES INC 420.25 1018380 07/01/2021 METRO FIRE PROTECTION SERVICES INC 431.70 1018381 07/01/2021 AUTO PARTNERS LLC 1,303.71 1018382 07/01/2021 L&L DISTRIBUTORS 107.37 1018383 07/01/2021 HYDRA SERVICE (S) INC 44,863.00 1018384 07/01/2021 COUNTY MATERIALS CORPORATION 6,748.80 1018385 07/01/2021 ALLIED DIVERSIFIED OF VERO BEACH LLC 1,420.00 1018386 07/01/2021 GUARDIAN ALARM OF FLORIDA LLC 868.20 1018387 07/01/2021 NEXAIR LLC 60.14 1018388 07/01/2021 EFE INC 4,992.89 1018389 07/01/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018390 07/01/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 Grand Total: 187,223.60 32 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8709 06/25/2021 TOTAL ADMINISTRATIVE SERVICES CORP 10,761.43 8710 06/25/2021 FL SDU 3,991.94 8711 06/25/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 87,549.21 8712 06/25/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 9,240.04 8713 06/25/2021 IRC FIRE FIGHTERS ASSOC 10,431.20 8714 06/25/2021 TEAMSTERS LOCAL UNION #769 5,171.00 8715 06/28/2021 IRS -PAYROLL TAXES 477,964.97 8716 06/28/2021 SENIOR RESOURCE ASSOCIATION 244,755.09 8717 06/30/2021 SCHOOL DISTRICT OF I R COUNTY 5,347.64 8718 06/30/2021 CER SIGNATURE CLEANING LLC 18,788.00 8719 07/01/2021 SAVE ON SP LLC 12,301.59 8720 07/01/2021 INDIAN RIVER COUNTY PROPERTY APPRAISER 935,962.25 8721 07/01/2021 KIMLEY HORN & ASSOC INC 54,015.67 8722 07/01/2021 CDM SMITH INC 32,678.00 8723 07/01/2021 TOWN OF INDIAN RIVER SHORES 7,215.91 8724 07/01/2021 NATIONAL METERING SERVICES INC 34,904.42 8725 07/01/2021 CLERK OF CIRCUIT COURT 103,407.83 8726 07/01/2021 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 107,874.34 8727 07/01/2021 INDIAN RIVER COUNTY SHERIFF 4,532,390.32 8728 07/01/2021 COALITION FOR ATTAINABLE HOMES INC 1,327.00 8729 07/01/2021 COALITION FOR ATTAINABLE HOMES INC 476.00 Grand Total: 6,696,553.85 33 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271x' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 8; 2021 COMaT 2 �`�R�yFR couN'�yfy SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 2, 2021 to July 8, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 2, 2021 to July 8, 2021. 34 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 410901 07/08/2021 MARRIOTT FT LAUDERDALE NORTH 387.00 410902 07/08/2021 FLORIDA EMERGENCY PREPAREDNESS 150.00 410903 07/08/2021 FLORIDA EMERGENCY PREPAREDNESS 150.00 410904 07/08/2021 HAMPTON INN 536.40 410905 07/08/2021 SCOTT MCADAM 37.00 410906 07/08/2021 JILL WILLIAMS 69.00 410907 07/08/2021 PLANTATION ON CRYSTAL RIVER 795.00 410908 07/08/2021 PLANTATION ON CRYSTAL RIVER 795.00 410909 07/08/2021 A & SW CONSULTANTS INC 475.00 410910 07/08/2021 LINDA CAGGIANO 132.01 410911 07/08/2021 PETER DENNIS 36.90 410912 07/08/2021 ERIKA LUNDEEN 36.90 410913 07/08/2021 COMMUNICATIONS INTERNATIONAL 122.40 410914 07/08/2021 KIMLEY HORN & ASSOC INC 1,850.86 410915 07/08/2021 HENRY SCHEIN INC 1,359.46 410916 07/08/2021 SAFETY PRODUCTS INC 318.70 410917 07/08/2021 AT&T WIRELESS 172.92 410918 07/08/2021 AT&T WIRELESS 173.74 410919 07/08/2021 GRAINGER 8,033.70 410920 07/08/2021 HACH CO 948.95 410921 07/08/2021 LFI FORT PIERCE INC 2,790.32 410922 07/08/2021 CLIFF BERRY INC 560.75 410923 07/08/2021 MASTELLER MOLER & TAYLOR INC 733.33 410924 07/08/2021 BOUND TREE MEDICAL LLC 4,095.09 410925 07/08/2021 PETES CONCRETE 2,400.00 410926 07/08/2021 DIVE RESCUE INC 2,595.79 410927 07/08/2021 MOTION INDUSTRIES INC 316.27 410928 07/08/2021 ABCO GARAGE DOOR CO INC 264.00 410929 07/08/2021 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,800.00 410930 07/08/2021 BRANDTS APPLIANCE SERVICE INC 223.70 410931 07/08/2021 ODYSSEY MANUFACTURING CO 3,740.72 410932 07/08/2021 SOFTWARE HARDWARE INTEGRATION 154.88 410933 07/08/2021 FLORIDA ASSOCIATION OF COUNTIES INC 100.00 410934 07/08/2021 CLERK OF CIRCUIT COURT 904.35 410935 07/08/2021 CITY OF VERO BEACH 710.94 410936 07/08/2021 INDIAN RIVER ALL FAB INC 993.40 410937 07/08/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 25.75 410938 07/08/2021 INTERNATIONAL GOLF MAINTENANCE INC 990.00 410939 07/08/2021 GEOSYNTEC CONSULTANTS INC 29,201.58 410940 07/08/2021 FEDERAL EXPRESS CORP 803.05 410941 07/08/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 61.45 410942 07/08/2021 MUNICIPAL CODE CORPORATION 1,470.74 410943 07/08/2021 COMO OIL COMPANY OF FLORIDA 145.00 410944 07/08/2021 SUBSTANCE AWARENESS COUNCIL OF IRC INC 28,959.44 410945 07/08/2021 SUBSTANCE AWARENESS COUNCIL OF IRC INC 33,239.44 410946 07/08/2021 FLORIDA POWER AND LIGHT 19,805.61 410947 07/08/2021 FLORIDA POWER AND LIGHT 28,618.83 410948 07/08/2021 STATE ATTORNEY 11,200.38 410949 07/08/2021 HIBISCUS CHILDRENS CENTER INC 4,617.64 410950 07/08/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 410951 07/08/2021 TROY FAIN INSURANCE INC 133.00 410952 07/08/2021 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 120.00 410953 07/08/2021 CHILDRENS HOME SOCIETY OF FL 4,547.91 410954 07/08/2021 DAVID GEE 75.00 410955 07/08/2021 MIDWEST MOTOR SUPPLY CO 356.39 410956 07/08/2021 PELICAN ISLAND AUDUBON SOCIETY INC 7,698.88 410957 07/08/2021 THE PALMS AT VERO BEACH 500.00 410958 07/08/2021 CELICO PARTNERSHIP 1,098.67 35 TRANS NBR DATE VENDOR AMOUNT 410959 07/08/2021 DOWN UNDER TANK TESTING OF FLORIDA INC 1,820.00 410960 07/08/2021 THE CLEARING COMPANY LLC 2,595.00 410961 07/08/2021 FASTENAL COMPANY 298.39 410962 07/08/2021 SOUTHERN JANITOR SUPPLY INC 246.02 410963 07/08/2021 JOHNS EASTERN COMPANY INC 56,275.50 410964 07/08/2021 MBV ENGINEERING INC 513.20 410965 07/08/2021 GLOVER OIL COMPANY INC 433.90 410966 07/08/2021 VASILIKI MALINOS 180.00 410967 07/08/2021 KNOX ASSOCIATES INC 524.00 410968 07/08/2021 RF CONCRETE CONSTRUCTION INC 22,800.00 410969 07/08/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 397.55 410970 07/08/2021 AMANDA KOCH 75.00 410971 07/08/2021 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 8,059.27 410972 07/08/2021 NICHOLAS CASALINA 75.00 410973 07/08/2021 TRADEWINDS POWER CORP 69,767.00 410974 07/08/2021 F. J. NUGENT & ASSOC 4,861.00 410975 07/08/2021 VERO BEACH FIREFIGHTERS ASSOC 250.00 410976 07/08/2021 NICOLACE MARKETING INC 4,005.25 410977 07/08/2021 BENNETT FIRE PRODUCTS CO INC 58,059.52 410978 07/08/2021 DAVID MESSER 75.00 410979 07/08/2021 IMAGINE SCHOOLS AT SOUTH VERO 39.00 410980 07/08/2021 XYLEM WATER SOLUTION USA INC 5,770.00 410981 07/08/2021 MUNICIPAL EMERGENCY SERVICES INC 1,165.74 410982 07/08/2021 BURNETT LIME CO INC 3,328.80 410983 07/08/2021 STRAIGHT OAK LLC 129.68 410984 07/08/2021 SOUTHERN MANAGEMENT LLC 1,877.75 410985 07/08/2021 INDIAN RIVER COUNTY 4-H ASSOC 200.00 410986 07/08/2021 STEWART & STEVENSON FDDA LLC 2,678.00 410987 07/08/2021 CHEMTRADE CHEMICALS CORPORTATION 2,981.04 410988 07/08/2021 SAMBA HOLDINGS INC 4,825.33 410989 07/08/2021 CATHEDRAL CORPORATION 509.12 410990 07/08/2021 UNIFIRST CORPORATION 180.21 410991 07/08/2021 STEARNS, CONRAD AND SCHMIDT 326,030.00 410992 07/08/2021 CDA SOLUTIONS INC 2,090.24 410993 07/08/2021 HYDROMAX USA LLC 53,352.27 410994 07/08/2021 DANIEL BISHOP 150.00 410995 07/08/2021 MATHESON TRI -GAS INC 4,945.20 410996 07/08/2021 CANARX GROUP INC 5,072.70 410997 07/08/2021 WILLIS SPORTS ASSOCIATION INC 2,885.52 410998 07/08/2021 COLE AUTO SUPPLY INC 33.94 410999 07/08/2021 BRADFORD PLACE HOA 150.00 411000 07/08/2021 DAY DREAMS UNIFORMS INC 413.60 411001 07/08/2021 VEOLIA WATER TECHNOLOGIES INC 133,157.00 411002 07/08/2021 CORE & MAIN LP 1,021.68 411003 07/08/2021 WOERNER AGRIBUSINESS LLC 700.00 411004 07/08/2021 REXEL USA INC 540.29 411005 07/08/2021 EMPIRE PIPE ORLANDO LLC 159,600.00 411006 07/08/2021 IM SOLUTIONS INC 4,845.08 411007 07/08/2021 AMAZON CAPITAL SERVICES INC 1,138.75 411008 07/08/2021 AMERIGAS PROPANE LP 2,310.74 411009 07/08/2021 HOPPING GREEN & SAMS PA 1,215.00 411010 07/08/2021 METROPOLITAN COMMUNICATION SERVICES INC 322.25 411011 07/08/2021 THE HOPE FOR FAMILIES CENTER INC 3,016.84 411012 07/08/2021 BENEFIT EXPRESS SERVICES LLC 5,773.20 411013 07/08/2021 JORDAN POWER EQUIPMENT CORP 130.19 411014 07/08/2021 CK CONTRACTORS & DEVELOPMENT LLC 268,726.02 411015 07/08/2021 DEANGELO BROTHERS LLC 681.00 411016 07/08/2021 DUKE HAWKINS 125.00 411017 07/08/2021 DESK SPINCO INC 2,060.27 411018 07/08/2021 FERGUSON US HOLDINGS INC 16,166.15 36 TRANS NBR DATE VENDOR AMOUNT 411019 07/08/2021 STAPLES INC 179.99 411020 07/08/2021 LOWES COMPANIES INC 2,270.53 411021 07/08/2021 QUADMED INC 679.52 411022 07/08/2021 J -MAC CLEANING SERVICES INC 4,833.33 411023 07/08/2021 HIGHER GROUND LAND SERVICES LLC 4,384.00 411024 07/08/2021 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 10,886.39 411025 07/08/2021 LUMINULTRA TECHNOLOGIES INC 1,575.00 411026 07/08/2021 HIREQUEST LLC 208.00 411027 07/08/2021 KATHRYN KASSNER 180.00 411028 07/08/2021 GRANICUS LLC 15,000.00 411029 07/08/2021 VETERAN FIRE SERVICES INC 1,100.00 411030 07/08/2021 MANN ALLISON 8.56 411031 07/08/2021 KELLI BILLINGSLEY 14.98 411032 07/08/2021 JENNIFER LAPORTE 40.00 411033 07/08/2021 AUTUMN MC NEW 53.25 411034 07/08/2021 ELEMENT CITY 84.27 411035 07/08/2021 INDIAN RIVER GOLD CLUB 50.00 411036 07/08/2021 DODADS LAB 350.00 411037 07/08/2021 DAVID BERARDI 350.00 411038 07/08/2021 KIB CONSTRUCTION CORP 76,948.00 411039 07/08/2021 LESLIE LONG 66.91 411040 07/08/2021 KEVIN HAWKINS 1,495.36 411041 07/08/2021 MICHAEL GRENINGER 354.53 411042 07/08/2021 BENJAMIN GAINES 50.00 411043 07/08/2021 JONATHAN HAMM 150.00 411044 07/08/2021 SALLYALYKAYALY 150.00 411045 07/08/2021 BARACHEL REAL ESTATE HOLDINGS 52.49 411046 07/08/2021 MICHAEL BURKART 35.82 411047 07/08/2021 1355 22ND AVE LLC 50.00 411048 07/08/2021 A&B FENCE CO LLC 2,250.00 411049 07/08/2021 SUSAN MORETTI 45.00 411050 07/08/2021 VIRGINIA VILLANI 31.17 411051 07/08/2021 FRED NESCI 302.81 411052 07/08/2021 THOMAS DAVIS 340.30 411053 07/08/2021 LAURA STOYANOFF 72.94 411054 07/08/2021 OAK TREE HOLDINGS LLC 121.37 411055 07/08/2021 RANGER CONSTRUCTION IND INC 1,911.70 411056 07/08/2021 VERO CHEMICAL DISTRIBUTORS INC 2,074.55 411057 07/08/2021 PERERS ENTERPRISES INC 53,013.91 411058 07/08/2021 LUCAS WATERPROOFING CO LLC 19,900.00 411059 07/08/2021 SAFETY PRODUCTS INC 674.12 411060 07/08/2021 SEWELL HARDWARE CO INC 154.00 411061 07/08/2021 GRAINGER 235.26 411062 07/08/2021 GAYLORD BROTHERS INC 32.91 411063 07/08/2021 LFI FORT PIERCE INC 704.63 411064 07/08/2021 SWE INC 1,250.00 411065 07/08/2021 CITY ELECTRIC SUPPLY COMPANY 61.96 411066 07/08/2021 BAKER & TAYLOR INC 6,897.15 411067 07/08/2021 MIDWEST TAPE LLC 4,607.09 411068 07/08/2021 CENGAGE LEARNING INC 131.92 411069 07/08/2021 GO COASTAL INC 585.05 411070 07/08/2021 SOFTWARE HARDWARE INTEGRATION 154.88 411071 07/08/2021 CITY OF VERO BEACH 1,309.78 411072 07/08/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 313.59 411073 07/08/2021 FAMOSO INC 249.11 411074 07/08/2021 MORGAN & EKLUND INC 100.00 411075 07/08/2021 FLORIDA POWER AND LIGHT 107,526.87 411076 07/08/2021 FLORIDA POWER AND LIGHT 4,247.33 411077 07/08/2021 JOHN BROWN & SONS INC 9,000.00 411078 07/08/2021 TRANE US INC 17,531.99 37 TRANS NBR DATE VENDOR AMOUNT 411079 07/08/2021 THE SHERWIN WILLIAMS CO 229.42 411080 07/08/2021 JACKS COMPLETE TREE SERVICE INC 3,500.00 411081 07/08/2021 RECREATION SUPPLY COMPANY INC 1,512.04 411082 07/08/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 178.00 411083 07/08/2021 JOHNNY B SMITH 75.00 411084 07/08/2021 WINSUPPLY OF VERO BEACH 86.37 411085 07/08/2021 OVERDRIVE INC 2,328.87 411086 07/08/2021 MOORE MOTORS INC 95.54 411087 07/08/2021 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,100.88 411088 07/08/2021 UNIFIRST CORPORATION 543.18 411089 07/08/2021 CDA SOLUTIONS INC 2,495.00 411090 07/08/2021 CDA SOLUTIONS INC 546.13 411091 07/08/2021 FLORIDA EAST COAST HOLDINGS CORP 16,910.62 411092 07/08/2021 COLE AUTO SUPPLY INC 269.77 411093 07/08/2021 FLORIDA BULB & BALLAST INC 382.00 411094 07/08/2021 STUART RUBBER STAMP & SIGN CO INC 129.20 411095 07/08/2021 AAAA SERVICE LLC 4,784.00 411096 07/08/2021 AMAZON CAPITAL SERVICES INC 3,166.06 411097 07/08/2021 PIRATE PEST CONTROL LLC 129.00 411098 07/08/2021 AMERIGAS PROPANE LP 3,661.29 411099 07/08/2021 JORDAN POWER EQUIPMENT CORP 633.22 411100 07/08/2021 JUDITH A BURLEY 102.50 411101 07/08/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 232.00 411102 07/08/2021 DESK SPINCO INC 685.53 411103 07/08/2021 ECONOLITE SYSTEMS INC 22,641.00 411104 07/08/2021 STAPLES INC 500.78 411105 07/08/2021 LOWES COMPANIES INC 441.64 411106 07/08/2021 KELE INC 278.40 411107 07/08/2021 CARLON INC 53.50 411108 07/08/2021 BRITTON INDUSTRIES INC 373.94 411109 07/08/2021 RANDSTAD NORTH AMERICA INC 1,007.25 411110 07/08/2021 PEOPLE READY FLORIDA INC 766.40 411111 07/08/2021 AMERICAS OFFICE SOURCE INC 800.00 411112 07/08/2021 ADOLPH KIEFER & ASSOCIATES LLC 1,695.00 411113 07/08/2021 S2K CONSULTING INC 19,241.12 411114 07/08/2021 TODD J ALFONSO 5,000.00 411115 07/08/2021 FREDERICK L LIPFERT & NORMAN C LIPFERT TRUST 45,475.00 Grand Total: 1,964,013.41 38 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018391 07/02/2021 ADRON FENCE COMPANY INC 1,729.00 1018392 07/02/2021 INDIAN RIVER BATTERY 1,384.50 1018393 07/02/2021 GALLS LLC 38.95 1018394 07/02/2021 MEEKS PLUMBING INC 752.75 1018395 07/02/2021 IRRIGATION CONSULTANTS UNLIMITED INC 50.69 1018396 07/02/2021 STRYKER SALES CORP 866.88 1018397 07/02/2021 RECHTIEN INTERNATIONAL TRUCKS 1,199.11 1018398 07/02/2021 SIMS CRANE & EQUIPMENT CO 5,213.25 1018399 07/02/2021 L&L DISTRIBUTORS 89.69 1018400 07/02/2021 PACE ANALYTICAL SERVICES LLC 116.00 1018401 07/02/2021 AT&T CORP 61.72 1018402 07/02/2021 AT&T CORP 8.48 1018403 07/02/2021 COMCAST 231.99 1018404 07/02/2021 WASTE MANAGEMENT INC OF FLORIDA 2,276.57 1018405 07/02/2021 OFFICE DEPOT INC 1,036.18 1018406 07/02/2021 WASTE MANAGEMENT INC OF FLORIDA 128.70 1018407 07/07/2021 AT&T CORP 45.33 1018408 07/07/2021 WASTE MANAGEMENT INC OF FLORIDA 87.09 1018409 07/08/2021 INDIAN RIVER OXYGEN INC 96.25 1018410 07/08/2021 DEMCO INC 470.15 1018411 07/08/2021 DAVES SPORTING GOODS & TROPHIES 388.00 1018412 07/08/2021 GROVE WELDERS INC 65.88 1018413 07/08/2021 SOUTHERN COMPUTER WAREHOUSE INC 92.44 1018414 07/08/2021 METRO FIRE PROTECTION SERVICES INC 144.45 1018415 07/08/2021 GUARDIAN ALARM OF FLORIDA LLC 3,116.35 1018416 07/08/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018417 07/08/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 256.80 Grand Total: 20,163.20 39 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8730 07/02/2021 KIMLEY HORN & ASSOC INC 24,898.00 8731 07/02/2021 TD BANK 7,625.60 8732 07/02/2021 AMERICAN FAMILY LIFE ASSURANCE CO 19,617.46 8733 07/06/2021 FL RETIREMENT SYSTEM 788,708.57 8734 07/06/2021 ALLSTATE 125.10 8735 07/06/2021 MUTUAL OF OMAHA 7,971.90 8736 07/06/2021 CHARD SNYDER & ASSOCIATES INC 92.00 8737 07/06/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 40,174.00 8738 07/06/2021 MUTUAL OF OMAHA 19,609.60 8739 07/06/2021 HIGHMARK STOP LOSS 93,113.68 8740 07/06/2021 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,438.16 8741- 07/08/2021 RX BENEFITS INC 209,930.23 8742 07/08/2021 CLERK OF CIRCUIT COURT 4,440.52 Grand Total: 1,220,744.82 40 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 15, 2021 • " coMPT; � 9 p FR COUNt SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 9, 2021 to July 15, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 9, 2021 to July 15, 2021. 41 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 411116 07/09/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 411117 07/09/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 39.07 411118 07/09/2021 NORTH CAROLINA CHILD SUPPORT 105.69 411119 07/09/2021 AMERITAS 32,633.12 411120 07/09/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 411121 07/09/2021 PROFESSIONAL REPUBLICAN WOMENS AND MOTHERS IN150.00 411122 07/09/2021 KEVIN HAWKINS 2,992.39 411123 07/09/2021 CLOUD 9 EVENT STUDIO 10,000.00 411124 07/09/2021 OFF THE TOP GROOMING CO 10,000.00 411125 07/09/2021 LAURA RIDING JACKSON FOUNDATION INC 10,000.00 411126 07/15/2021 GUARDIAN EQUIPMENT INC 518.00 411127 07/15/2021 COMMUNICATIONS INTERNATIONAL 335.00 411128 07/15/2021 VERO CHEMICAL DISTRIBUTORS INC 239.55 411129 07/15/2021 KIMLEY HORN & ASSOC INC 3,729.47 411130 07/15/2021 SAFETY PRODUCTS INC 124.50 411131 07/15/2021 AT&T WIRELESS 991.43 411132 07/15/2021 DATA FLOW SYSTEMS INC 396.14 411133 07/15/2021 PARALEE COMPANY INC 600.00 411134 07/15/2021 GRAINGER 112.97 411135 07/15/2021 HACH CO 185.88 411136 07/15/2021 PARKSON CORPORATION 24,536.00 411137 07/15/2021 BOUND TREE MEDICAL LLC 1,735.20 411138 07/15/2021 PETES CONCRETE 1,935.00 411139 07/15/2021 ECOTECH CONSULTANTS INC 2,666.67 411140 07/15/2021 CITY ELECTRIC SUPPLY COMPANY 15.49 411141 07/15/2021 DELL MARKETING LP 3,105.00 411142 07/15/2021 ODYSSEY MANUFACTURING CO 2,805.66 411143 07/15/2021 FLORIDA ASSOCIATION OF COUNTIES INC 100.00 411144 07/15/2021 CLERK OF CIRCUIT COURT 146.77 411145 07/15/2021 CLERK OF CIRCUIT COURT 81.00 411146 07/15/2021 INDIAN RIVER COUNTY HEALTH DEPT 24,123.04 411147 07/15/2021 CITY OF VERO BEACH 119.02 411148 07/15/2021 AT&T CORP 1,273.52 411149 07/15/2021 AT&T CORP 1,688.62 411150 07/15/2021 FLORIDA GOVERNMENT FINANCE 50.00 411151 07/15/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,488.92 411152 07/15/2021 JANITORIAL DEPOT OF AMERICA INC 58.72 411153 07/15/2021 FEDERAL EXPRESS CORP 14.56 411154 07/15/2021 MORGAN & EKLUND INC 13,101.25 411155 07/15/2021 FLORIDA POWER AND LIGHT 2,514.35 411156 07/15/2021 FLORIDA POWER AND LIGHT 587.43 411157 07/15/2021 PUBLIC DEFENDER 8,080.33 411158 07/15/2021 CITY OF FELLSMERE 281.14 411159 07/15/2021 PEACE RIVER ELECTRIC COOP INC 30.63 411160 07/15/2021 WASTE MANAGEMENT INC 602,867.72 411161 07/15/2021 TLC DIVERSIFIED INC 5,486.25 411162 07/15/2021 ELXSI INC 219,810.32 411163 07/15/2021 SHRIEVE CHEMICAL CO 11,845.65 411164 07/15/2021 ST LUCIE COUNTY BOCC 124,097.50 411165 07/15/2021 ST LUCIE COUNTY BOCC 18,066.60 411166 07/15/2021 ARCADIS U S INC 2,399.00 411167 07/15/2021 THE PALMS AT VERO BEACH 500.00 411168 07/15/2021 CELICO PARTNERSHIP 3,422.41 411169 07/15/2021 CONTROL SYSTEMS DESIGN INC 810.00 411170 07/15/2021 VAN WAL INC 540.00 411171 07/15/2021 POLYDYNE INC 5,290.00 411172 07/15/2021 THE CLEARING COMPANY LLC 2,494.00 411173 07/15/2021 PARGAS 378.25 42 TRANS NBR DATE VENDOR AMOUNT 411174 07/15/2021 MBV ENGINEERING INC 2,250.00 411175 07/15/2021 WOODLAWN MHC LLC 1,551.00 411176 07/15/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8.75 411177 07/15/2021 THOR GUARD INC 1,272.99 411178 07/15/2021 FLUID CONTROL SPECIALTIES INC 2,433.00 411179 07/15/2021 NICOLACE MARKETING INC 700.00 411180 07/15/2021 IMAGINE SCHOOLS AT SOUTH VERO 27.00 411181 07/15/2021 MHC OPERATING LIMITED PARTNERSHIP 2,729.32 411182 07/15/2021 ALAN JAY CHEVROLET CADILLAC 43,220.00 411183 07/15/2021 CARDINAL HEALTH 110 INC 1,990.40 411184 07/15/2021 MUNICIPAL EMERGENCY SERVICES INC 147.95 411185 07/15/2021 BURNETT LIME CO INC 9,967.42 411186 07/15/2021 STRAIGHT OAK LLC 50.35 411187 07/15/2021 SOUTHERN MANAGEMENT LLC 90,097.50 411188 07/15/2021 SYLIVIA MILLER 1,652.00 411189 07/15/2021 CATHEDRAL CORPORATION 19,087.01 411190 07/15/2021 UNIFIRST CORPORATION 1,343.24 411191 07/15/2021 ICON SUPPLY INC 500.00 411192 07/15/2021 MATHESON TRI-GAS INC 10,927.93 411193 07/15/2021 COLE AUTO SUPPLY INC 583.53 411194 07/15/2021 RHOADES AIR & HEAT 165.00 411195 07/15/2021 RHOADES AIR & HEAT 7990.00 411196 07/15/2021 BOWMAN CONSULTING GROUP LTD 37,149.27 411197 07/15/2021 NESTLE WATERS NORTH AMERICA 146.78 411198 07/15/2021 TOTAL ADMINISTRATIVE SERVICES CORP 880.88 411199 07/15/2021 ENVIRONMENTAL OPERATING SOLUTION INC 16,138.50 411200 07/15/2021 CORE & MAIN LP 9,667.40 411201 07/15/2021 WOERNER AGRIBUSINESS LLC 280.00 411202 07/15/2021 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,320.00 411203 07/15/2021 AMAZON CAPITAL SERVICES INC 376.96 411204 07/15/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 411205 07/15/2021 PIRATE PEST CONTROL LLC 98.00 411206 07/15/2021 CK CONTRACTORS & DEVELOPMENT LLC 370,892.67 411207 07/15/2021 DEANGELO BROTHERS LLC 1,565.00 411208 07/15/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 605.47 411209 07/15/2021 REARDONS FAB SHOP 500.00 411210 07/15/2021 FERGUSON US HOLDINGS INC 16,508.80 411211 07/15/2021 LOWES COMPANIES INC 728.61 411212 07/15/2021 SMI TRADING LLC 62.92 411213 07/15/2021 THALES CONSULTING INC 250.00 411214 07/15/2021 RAYMOND WEBB 2,475.00 411215 07/15/2021 CENLAR FSB 4,500.00 411216 07/15/2021 HIREQUEST LLC 1,506.00 411217 07/15/2021 A TEAM OF THE TREASURE COAST INC 810.00 411218 07/15/2021 TAKING GROUND LAWN & LANDSCAPE INC 200.00 411219 07/15/2021 SEEBER LLC 17,000.00 411220 07/15/2021 RECOLLECT SYSTEMS 4,980.00 411221 07/15/2021 C&W ENGINEERING INC 4,000.00 411222 07/15/2021 DIVISIONS INC 2,015.00 411223 07/15/2021 LISA SZEWCZYK 43.80 411224 07/15/2021 THERESA DILLON 56.00 411225 07/15/2021 PETRA ORTIZ 20.00 411226 07/15/2021 JOSHUA GHIZ 6,398.00 411227 07/15/2021 HOLLY MULLEN 27.40 411228 07/15/2021 WHOLE FAMILY HEALTH CENTER INC 80,280.00 411229 07/15/2021 TRUIST BANK 4,500.00 411230 07/15/2021 JENNIFERLAHMAN 4,500.00 411231 07/15/2021 ST LUCIE DEVELOPMENT LLC 3,900.00 411232 07/15/2021 CHARLOTTE JONES 4,500.00 411233 07/15/2021 BRE-CLEARWATER OWNER LLC 230.00 43 TRANS NBR DATE VENDOR AMOUNT 411234 07/15/2021 BRE-CLEARWATER OWNER LLC 230.00 411235 07/15/2021 WYNDHAM PALACE RESORT 155.00 411236 07/15/2021 JOSEPH EARMAN 96.12 411237 07/15/2021 MICHAEL WYATT 232.08 411238 07/15/2021 JOSEPH E FLESCHER 134.12 411239 07/15/2021 A & SW CONSULTANTS INC 425.00 411240 07/15/2021 WILLIAM CROSBY 79.00 411241 07/15/2021 STEVEN QUINLIVAN 232.08 411242 07/15/2021 ST LUCIE CO HUMAN RESOURCE ASSOCIATION 35.00 411243 07/15/2021 PORT CONSOLIDATED INC 9,313.28 411244 07/15/2021 STURGIS LUMBER & PLYWOOD CO 39.77 411245 07/15/2021 PERERS ENTERPRISES INC 6,364.33 411246 07/15/2021 RICOH USA INC 51.51 411247 07/15/2021 SAFETY PRODUCTS INC 283.80 411248 07/15/2021 GRAINGER 429.33 411249 07/15/2021 KELLY TRACTOR CO 3,863.28 411250 07/15/2021 EXPRESS REEL GRINDING INC 100.00 411251 07/15/2021 TIRESOLES OF BROWARD INC 5,962.42 411252 07/15/2021 BLAKESLEE SERVICES INC 660.00 411253 07/15/2021 ENCORE BROADCAST EQUIPMENT SALES INC 1,000.00 411254 07/15/2021 PING INC 204.60 411255 07/15/2021 CITY OF VERO BEACH 816.47 411256 07/15/2021 ACUSHNET COMPANY 4,235.99 411257 07/15/2021 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 411258 07/15/2021 TYLER TECHNOLOGIES INC 16,155.62 411259 07/15/2021 CALLAWAY GOLF SALES COMPANY 2,816.51 411260 07/15/2021 FLORIDA POWER AND LIGHT 20.15 411261 07/15/2021 FLORIDA POWER AND LIGHT 723.59 411262 07/15/2021 TAYLOR MADE GOLF CO INC 392.37 411263 07/15/2021 US KIDS GOLF LLC 298.60 411264 07/15/2021 GLOBAL GOLF SALES INC 56.90 411265 07/15/2021 INDIAN RIVER FARMS WATER CNTRL DIST 4,500.00 411266 07/15/2021 BRIDGESTONE AMERICAS INC 1,541.60 411267 07/15/2021 TRANE US INC 913.00 411268 07/15/2021 HULETT ENVIRONMENTAL SERVICES 160.00 411269 07/15/2021 ORCHID ISLAND PROPERTY MGMT 11 INC 450.00 411270 07/15/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 366.10 411271 07/15/2021 MOORE MOTORS INC 90.00 411272 07/15/2021 NEXBELT LLC 33.12 411273 07/15/2021 SOUTHWIDE INDUSTRIES INC 770.28 411274 07/15/2021 O SPORTSWEAR LLC 180.00 411275 07/15/2021 HAWKINS INC 2,784.00 411276 07/15/2021 UNIFIRST CORPORATION 325.34 411277 07/15/2021 WILSON SPORTING GOODS CO 1,774.87 411278 07/15/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 273.74 411279 07/15/2021 GOTTA GO GREEN ENTERPISES INC 216.86 411280 07/15/2021 COVERALL NORTH AMERICA INC 2,230.00 411281 07/15/2021 COLE AUTO SUPPLY INC 1,481.85 411282 07/15/2021 FLORIDA BULB & BALLAST INC 1,890.00 411283 07/15/2021 JOSEPH ELLIOTT USA LLC 852.39 411284 07/15/2021 VELMAXXX ENTERPRISES INC 221.79 411285 07/15/2021 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION$94(C.82 411286 07/15/2021 AMAZON CAPITAL SERVICES INC 1,522.89 411287 07/15/2021 PIRATE PEST CONTROL LLC 1,320.00 411288 07/15/2021 AMERIGAS PROPANE LP 3,984.00 411289 07/15/2021 JORDAN POWER EQUIPMENT CORP 284.50 411290 07/15/2021 KRONOS SAASHR INC 41.58 411291 07/15/2021 LOWES COMPANIES INC 689.41 411292 07/15/2021 LUMENEST LIGHTING INC OF FLORIDA 12,229.92 411293 07/15/2021 CARLON INC 2,359.24 44 TRANS NBR DATE 411294 07/15/2021 411295 07/15/2021 411296 07/15/2021 411297 07/15/2021 Grand Total: VENDOR BRITTON INDUSTRIES INC NETSYNC NETWORK SOLUTIONS INC MARUBENI AMERICA CORPORATION THERAGUNINC AMOUNT 1,093.75 3,500.00 2,061.91 533.00 2,085,947.36 45 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018418 07/09/2021 INDIAN RIVER BATTERY 282.90 1018419 07/09/2021 MEEKS PLUMBING INC 4,388.00 1018420 07/09/2021 IRRIGATION CONSULTANTS UNLIMITED INC 217.70 1018421 07/09/2021 WORLD INDUSTRIAL EQUIPMENT INC 354.80 1018422 07/09/2021 SOUTHERN COMPUTER WAREHOUSE INC 550.79 1018423 07/09/2021 COMPLETE RESTAURANT EQUIPMENT LLC 990.00 1018424 07/09/2021 STRYKER SALES CORP 59,306.27 1018425 07/09/2021 METRO FIRE PROTECTION SERVICES INC 57.00 1018426 07/09/2021 HYDRA SERVICE (S) INC 4,389.24 1018427 07/09/2021 GUARDIAN ALARM OF FLORIDA LLC 75.00 1018428 07/14/2021 AT&T CORP 1,817.40 1018429 07/14/2021 AT&T CORP 170.95 1018430 07/14/2021 AT&T CORP 17.07 1018431 07/14/2021 AT&T CORP 19.98 1018432 07/14/2021 AT&T CORP 9.68 1018433 07/14/2021 AT&T CORP 10.31 1018434 07/14/2021 AT&T CORP 1,856.40 1018435 07/14/2021 AT&T CORP 5,117.43 1018436 07/14/2021 COMCAST 273.10 1018437 07/14/2021 WASTE MANAGEMENT INC OF FLORIDA 3,290.78 1018438 07/14/2021 OFFICE DEPOT INC 2,238.42 1018439 07/15/2021 INDIAN RIVER BATTERY 152.90 1018440 07/15/2021 APPLE INDUSTRIAL SUPPLY CO 71.82 1018441 07/15/2021 GROVE WELDERS INC 509.58 1018442 07/15/2021 WIGINTON CORPORATION 986.70 1018443 07/15/2021 DLT SOLUTIONS LLC 1,139.75 1018444 07/15/2021 APPLE MACHINE & SUPPLY CO 253.50 1018445 07/15/2021 COMMERCIAL ENERGY SPECIALISTS 1,564.60 1018446 07/15/2021 L&L DISTRIBUTORS 143.16 1018447 07/15/2021 EFE INC 1,002.15 Grand Total: 91,257.38 46 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8743 07/09/2021 FL SDU 3,991.94 8744 07/09/2021 RX BENEFITS INC 2,375.66 8745 07/09/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 9,604.94 8746 07/09/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 71,912.78 8747 07/09/2021 IRC FIRE FIGHTERS ASSOC 10,350.96 8748 07/09/2021 TOTAL ADMINISTRATIVE SERVICES CORP 11,217.58 8749 07/09/2021 VEROTOWN LLC 3,000.00 8750 07/09/2021 CHARD SNYDER & ASSOCIATES INC 329.60 8751 07/09/2021 WEST HEALTH ADVOCATE SOLUTIONS INC 1,549.35 8752 07/09/2021 WEST HEALTH ADVOCATE SOLUTIONS INC 2,002.80 8753 07/12/2021 IRS -PAYROLL TAXES 495,491.21 8754 07/12/2021 MUTUAL OF OMAHA 2,598.75 8755 07/12/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,236.00 8756 07/13/2021 IRS -PAYROLL TAXES 68.79 8757 07/14/2021 ATLAS ORGANICS INDIAN RIVER LLC 146,430.26 8758 07/14/2021 GUETTLER BROTHERS CONSTRUCTION LLC 713,885.09 8759 07/14/2021 TIMOTHY ROSE CONTRACTING INC 168,186.11 8760 07/14/2021 KIMLEY HORN & ASSOC INC 52,063.49 8761 07/14/2021 INDIAN RIVER COUNTY SHERIFF 45,525.61 8762 07/15/2021 FLORIDA DEPARTMENT OF REVENUE 2,073.86 8763 07/15/2021 FLORIDA DEPARTMENT OF REVENUE 14,555.55 8764 07/15/2021 FLORIDA DEPARTMENT OF REVENUE 3,944.25 8765 07/15/2021 FLORIDA DEPARTMENT OF REVENUE 1,931.72 Grand Total: 1,774,326.30 47 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 22, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 16, 2021 to July 22, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 16, 2021 to July 22, 2021. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 411298 07/22/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 411299 07/22/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 411300 07/22/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 411301 07/22/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 411302 07/22/2021 FLORIDA WATER & POLLUTION CONTROL 325.00 411303 07/22/2021 FLORIDA RECREATION & PARK ASSOC INC 540.00 411304 07/22/2021 AMERICAN PLANNING ASSOCIATION 395.00 411305 07/22/2021 FLORIDA EMERGENCY PREPAREDNESS 150.00 411306 07/22/2021 UNIVERSITY OF CENTRAL FLORIDA 100.00 411307 07/22/2021 KURT STEFFEN 15.00 411308 07/22/2021 INSTITUTE OF TRANSPORTATION 750.00 411309 07/22/2021 FLORIDA RURAL WATER ASSOCIATION 560.00 411310 07/22/2021 MICHAEL ZITO 81.54 411311 07/22/2021 FLORIDA ATLANTIC UNIVERSITY 550.00 411312 07/22/2021 JESSE ROLAND 395.00 411313 07/22/2021 KATHLEEN KEENAN 89.00 411314 07/22/2021 UTIL REFUNDS 73.98 411315 07/22/2021 UTIL REFUNDS 59.66 411316 07/22/2021 UTIL REFUNDS 81.46 411317 07/22/2021 UTIL REFUNDS 2.00 411318 07/22/2021 UTIL REFUNDS 25.94 411319 07/22/2021 UTTL, REFUNDS 187.25 411320 07/22/2021. UTIL REFUNDS 30.86 411321 07/22/2021 UTIL, REFUNDS 32.68 411322 07/22/2021 UTIL REFUNDS 84.81 411323 07/22/2021 UTIL REFUNDS 93.31 411324 07/22/2021 UTIL REFUNDS 67.65 411325 07/22/2021 UTIL REFUNDS 75.32 411326 07/22/2021 UTIL REFUNDS 65.32 411327 07/22/2021 UTIL REFUNDS 71.07 411328 07/22/2021 UTIL REFUNDS 29.23 411329 07/22/2021 UTIL REFUNDS 25.52 411330 07/22/2021 UTIL REFUNDS 70.02 411331 07/22/2021 UTIL REFUNDS 84.39 411332 07/22/2021 UTIL REFUNDS 36.37 411333 07/22/2021 UTTL REFUNDS 50.05 411334 07/22/2021 UTIL REFUNDS 35.15 411335 07/22/2021 UTIL REFUNDS 76.65 411336 07/22/2021 UTIL REFUNDS 55.24 411337 07/22/2021 UTIL REFUNDS 32.65 411338 07/22/2021 UTIL REFUNDS 43.49 411339 07/22/2021 UTIL REFUNDS 5.25 411340 07/22/2021 UTIL REFUNDS 35.59 411341 07/22/2021 UTIL REFUNDS 74.68 411342 07/22/2021 UTIL REFUNDS 57.60 411343 07/22/2021 UTIL REFUNDS 273.33 411344 07/22/2021 UTIL REFUNDS 99.25 411345 07/22/2021 UTTL REFUNDS 7.03 411346 07/22/2021 UTIL REFUNDS 28.36 411347 07/22/2021 UTIL, REFUNDS 55.43 411348 07/22/2021 UTIL REFUNDS 71.66 411349 07/22/2021 UTIL REFUNDS 46.83 411350 07/22/2021 UTIL REFUNDS 43.09 411351 07/22/2021 UTIL REFUNDS 72.79 411352 07/22/2021 UTIL REFUNDS 37.83 411353 07/22/2021 UTIL REFUNDS 20.53 411354 07/22/2021 UTIL REFUNDS 78.28 411355 07/22/2021 UTIL REFUNDS 14.30 49 TRANS NBR DATE VENDOR AMOUNT 411356 07/22/2021 UTIL REFUNDS 821.54 411357 07/22/2021 UTIL REFUNDS 124.44 411358 07/22/2021 UTIL REFUNDS 60.54 411359 07/22/2021 UTIL REFUNDS 37.00 411360 07/22/2021 UTIL REFUNDS 279.52 411361 07/22/2021 UTIL REFUNDS 77.95 411362 07/22/2021 UTIL REFUNDS 100.00 411363 07/22/2021 UTIL REFUNDS 32.87 411364 07/22/2021 UTIL REFUNDS 36.72 411365 07/22/2021 UTIL REFUNDS 33.70 411366 07/22/2021 UTIL REFUNDS 35.06 411367 07/22/2021 UTIL REFUNDS 34.80 411368 07/22/2021 UTIL REFUNDS 43.81 411369 07/22/2021 UTIL REFUNDS 63.31 411370 07/22/2021 UTIL REFUNDS 82.12 411371 07/22/2021 UTIL REFUNDS 185.66 411372 07/22/2021 UTIL REFUNDS 32.12 411373 07/22/2021 UTIL REFUNDS 495.72 411374 07/22/2021 UTIL REFUNDS 36.44 411375 07/22/2021 UTIL REFUNDS 66.41 411376 07/22/2021 UTIL REFUNDS 102.60 411377 07/22/2021 UTIL REFUNDS 79.04 411378 07/22/2021 UTIL REFUNDS 41.91 411379 07/22/2021 UTIL REFUNDS 88.98 411380 07/22/2021 UTIL REFUNDS 29.67 411381 07/22/2021 UTIL REFUNDS 17.48 411382 07/22/2021 UTIL REFUNDS 70.90 411383 07/22/2021 UTIL REFUNDS 1.03 411384 07/22/2021 UTIL REFUNDS 41.21 411385 07/22/2021 UTIL REFUNDS 19.81 411386 07/22/2021 UTIL REFUNDS 59.03 411387 07/22/2021 UTIL REFUNDS 46.24 411388 07/22/2021 UTIL REFUNDS 68.73 411389 07/22/2021 UTIL REFUNDS 83.12 411390 07/22/2021 UTIL REFUNDS 63.41 411391 07/22/2021 UTIL REFUNDS 143.06 411392 07/22/2021 UTIL REFUNDS 64.18 411393 07/22/2021 UTIL REFUNDS 18.91 411394 07/22/2021 UTIL REFUNDS 79.37 411395 07/22/2021 UTIL REFUNDS 53.26 411396 07/22/2021 UTIL REFUNDS 52.69 411397 07/22/2021 UTIL REFUNDS 46.18 411398 07/22/2021 UTIL REFUNDS 54.79 411399 07/22/2021 UTIL REFUNDS 45.92 411400 07/22/2021 UTIL REFUNDS 25.63 411401 07/22/2021 UTIL REFUNDS 48.06 411402 07/22/2021 TEN -8 FIRE EQUIPMENT INC 69.42 411403 07/22/2021 VERO CHEMICAL DISTRIBUTORS INC 896.85 411404 07/22/2021 PALMDALE OIL COMPANY INC 4,640.39 411405 07/22/2021 RICOH USA INC 156.02 411406 07/22/2021 AT&T WIRELESS 43.23 411407 07/22/2021 AT&T WIRELESS 72.48 411408 67/22/2021 AT&T WIRELESS 152.92 411409 07/22/2021 AT&T WIRELESS 394.57 411410 07/22/2021 AT&T WIRELESS 837.61 411411 07/22/2021 AT&T WIRELESS 998.64 411412 07/22/2021 DATA FLOW SYSTEMS INC 1,174.28 411413 07/22/2021 GRAINGER 3,293.29 411414 07/22/2021 GRAYBAR ELECTRIC 492.66 411415 07/22/2021 HACH CO 2,890.11 50 TRANS NBR DATE VENDOR AMOUNT 411416 07/22/2021 CLIFF BERRY INC 281.75 411417 07/22/2021 PARKSON CORPORATION 327,183.00 411418 07/22/2021 BOUND TREE MEDICAL LLC 3,561.39 411419 07/22/2021 TIRESOLES OF BROWARD INC 2,394.00 411420 07/22/2021 EDLUND DRITENBAS BINKLEY ARCHITECTS 60,006.95 411421 07/22/2021 ABCO GARAGE DOOR CO INC 467.30 411422 07/22/2021 ODYSSEY MANUFACTURING CO 2,478.96 411423 07/22/2021 HUDSON PUMP & EQUIPMENT 288.54 411424 07/22/2021 SOFTWARE HARDWARE INTEGRATION 154.88 411425 07/22/2021 SUNSHINE REHABILATION CENTER OF IRC INC 2,915.00 411426 07/22/2021 CLERK OF CIRCUIT COURT 420.00 411427 07/22/2021 CLERK OF CIRCUIT COURT 3,486.19 411428 07/22/2021 INDIAN RIVER COUNTY HEALTH DEPT 1,914.97 411429 07/22/2021 INDIAN RIVER COUNTY HEALTH DEPT 61,555.83 411430 07/22/2021 VICTIM ASSISTANCE PROGRAM 6,310.58 411431 07/22/2021 ROGER J NICOSIA 3,000.00 411432 07/22/2021 CITY OF VERO BEACH 2,230.27 411433 07/22/2021 CITY OF VERO BEACH 11,987.50 411434 07/22/2021 UNITED WAY OF INDIAN RIVER COUNTY 594.94 411435 07/22/2021 AT&T CORP 200.50 411436 07/22/2021 AT&T CORP 657.74 411437 07/22/2021 AT&T CORP 2,241.82 411438 07/22/2021 AT&T CORP 1,387.35 411439 07/22/2021 FLORIDA GOVERNMENT FINANCE 100.00 411440 07/22/2021 JANITORIAL DEPOT OF AMERICA INC 124.05 411441 07/22/2021 FLORIDA FISH & WILDLIFE 5,586.13 411442 07/22/2021 TREASURE COAST HOMELESS SERVICES 3,817.50 411443 07/22/2021 PUBLIX SUPERMARKETS 24.00 411444 07/22/2021 FEDERAL EXPRESS CORP 77.16 411445 07/22/2021 FLORIDA POWER AND LIGHT 41,220.57 411446 07/22/2021 GIFFORD YOUTH ACHIEVEMENT CENTER INC 25,497.37 411447 07/22/2021 CITY OF FELLSMERE 272.56 411448 07/22/2021 PEACE RIVER ELECTRIC COOP INC 167.31 411449 07/22/2021 MEDICARE PART B FINANCIAL SERVICES 1,601.00 411450 07/22/2021 MEDICARE PART B FINANCIAL SERVICES 366.29 411451 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 411452 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 411453 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 411454 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 411455 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 411456 07/22/2021 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 411457 07/22/2021 TREASURE COAST SPORTS COMMISSION INC 11,017.40 411458 07/22/2021 SUNSHINE LAND DESIGN 11,446.38 411459 07/22/2021 AARP INSURANCE 359.13 411460 07/22/2021 UNITED HEALTH CARE INS COMPANY 138.42 411461 07/22/2021 CIGNA 485.14 411462 07/22/2021 CIGNA 512.34 411463 07/22/2021 GHI 373.19 411464 07/22/2021 CHILDRENS HOME SOCIETY OF FL 3,750.00 411465 07/22/2021 FLORIDA DEPT OF FINANCIAL SERVICES 7,206.29 411466 07/22/2021 THE PROFESSIONAL GOLFERS 451.00 411467 07/22/2021 DONADIO AND ASSOCIATES ARCHITECTS PA 9,937.75 411468 07/22/2021 HUMANA 2,293.19 411469 07/22/2021 CAROLINA SOFTWARE INC 500.00 411470 07/22/2021 SHRIEVE CHEMICAL CO 4,058.35 411471 07/22/2021 MIDWEST MOTOR SUPPLY CO 204.47 411472 07/22/2021 ST LUCIE COUNTY BOCC 40,795.83 411473 07/22/2021 CELICO PARTNERSHIP 1,325.45 411474 07/22/2021 FLORIDA DEPT OF JUVENILE JUSTICE 1.50.00 411475 07/22/2021 BIG BROTHERS AND BIG SISTERS 1,250.00 51 TRANS NBR DATE VENDOR AMOUNT 411476 07/22/2021 THE SHERWIN WILLIAMS CO 149.75 411477 07/22/2021 SOUTHERN JANITOR SUPPLY INC 1,437.81 411478 07/22/2021 MBV ENGINEERING INC 24,275.00 411479 07/22/2021 DONALD E NEWMAN 93.44 411480 07/22/2021 MASTELLER & MOLER INC 1,812.00 411481 07/22/2021 LAHANN, LUDWIG H 176.40 411482 07/22/2021 EDIE MARCELLE 629.15 411483 07/22/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 22.97 411484 07/22/2021 JOANNE J MILLER 174.40 411485 07/22/2021 FLORIDA ASSOC OF HUMAN SRV ADMIN 95.00 411486 07/22/2021 MENTAL HEALTH ASSOCIATION IRC INC 10,000.00 411487 07/22/2021 MARIETTA MILLER 95.75 411488 07/22/2021 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 6,509.43 411489 07/22/2021 AMERIMARK INC 6,494.92 411490 07/22/2021 VATLAND IMPORTS INC 195.33 411491 07/22/2021 TRADEWINDS POWER CORP 6,356.49 411492 07/22/2021 BANKERS LIFE & CASUALTY 73.97 411493 07/22/2021 KWACKS INC 1,149.00 411494 07/22/2021 YOUTH GUIDANCE DONATION FUND 4,166.66 411495 07/22/2021 WINSUPPLY OF VERO BEACH 86.37 411496 07/22/2021 FLORIDA MEDICAID 1,784.74 411497 07/22/2021 KEVIN S HAWKINS 4,500.00 411498 07/22/2021 HELPING ANIMALS LIVE -OVERCOME 20.00 411499 07/22/2021 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 411500 07/22/2021 ROBERT J JOHNSTON 130.87 411501 07/22/2021 GAY S TAYLOR 598.40 411502 07/22/2021 NEWSOM OIL COMPANY 670.00 411503 07/22/2021 CARDINAL HEALTH 110 INC 1,667.73 411504 07/22/2021 BURNETT LIME CO INC 9,967.42 411505 07/22/2021 BURNETT LIME CO INC 1,517.00 411506 07/22/2021 ELINOR MORGAN 112.90 411507 07/22/2021 CHEMTRADE CHEMICALS CORPORTATION 1.92 411508 07/22/2021 NAPIER & ROLLIN PLLC 697.50 411509 07/22/2021 THE TRANSIT GROUP INC 8,179.37 411510 07/22/2021 PRESTIGE HEALTH CHOICE 366.17 411511 07/22/2021 CATHEDRAL CORPORATION 805.92 411512 07/22/2021 UNIFIRST CORPORATION 111.23 411513 07/22/2021 SUNSHINE HEALTH PLAN MEDICAID 4,769.14 411514 07/22/2021 KERNS CONSTRUCTION & PROPERTY 26,676.15 411515 07/22/2021 BARSALOU VENTURES LLC 720.00 411516 07/22/2021 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 55,173.81 411517 07/22/2021 CANARX GROUP INC 779.20 411518 07/22/2021 CANARX GROUP INC 6,762.40 411519 07/22/2021 COLE AUTO SUPPLY INC 1,652.83 411520 07/22/2021 KREMEDY LLC 1,624.00 411521 07/22/2021 BARRY BROWN 200.00 411522 07/22/2021 HARAKH INC 500.00 411523 07/22/2021 LOCKTON COMPANIES 44,750.00 411524 07/22/2021 WOERNER AGRIBUSINESS LLC 280.00 411525 07/22/2021 TYKES & TEENS INC 6,248.66 411526 07/22/2021 REXEL USA INC 300.80 411527 07/22/2021 CHANGE HEALTHCARE LLC 29,084.72 411528 07/22/2021 DIRECTV GROUP INC 96.82 411529 07/22/2021 VIOLET HUGHES 80.28 411530 07/22/2021 PIRATE PEST CONTROL LLC 302.00 411531 07/22/2021 AMERIGAS PROPANE LP 555.05 411532 07/22/2021 THE HOPE FOR FAMILIES CENTER INC 3,618.84 411533 07/22/2021 LIBERTY TIRE RECYCLING LLC 3,896.12 411534 07/22/2021 MULLINAX FORD OF VERO BEACH 1,123.96 411535 07/22/2021 APTIM CORP 47,640.52 52 TRANS NSR DATE VENDOR AMOUNT 411536 07/22/2021 WITT O'BRIEN'S LLC 1,092.00 411537 07/22/2021 LOBBYTOOLS INC 3,900.00 411538 07/22/2021 LOWES COMPANIES INC 901.92 411539 07/22/2021 SMI TRADING LLC 38.58 411540 07/22/2021 MILLENNIUM CREMATORY LLC 425.00 411541 07/22/2021 PREMIER RENTAL MANAGEMENT DIRECT LLC 4,500.00 411542 07/22/2021 CONSOR ENGINEERS LLC 93,783.85 411543 07/22/2021 THERESA JUTTNER 79.29 411544 07/22/2021 DONALD PALMER 545.60 411545 07/22/2021 SEASIDE PERMITS 126.00 411546 07/22/2021 FLORIDA COMMUNITY CARE 3,266.55 411547 07/22/2021 STAYWELL 1,388.69 411548 07/22/2021 HEDRICK BROTHERS CONSTRUCTION CO INC 28,160.39 411549 07/22/2021 HfREQUEST LLC 3,012.00 411550 07/22/2021 FRANCES CORNELL 188.30 411551 07/22/2021 HIGH SOURCES INC 11,300.00 411552 07/22/2021 BOBBY OWEN 4,000.00 411553 07/22/2021 GISJOBS.COM LLC 50.00 411554 07/22/2021 BRUCE EDWARDS 210.10 411555 07/22/2021 ANN DAY 1,193.17 411556 07/22/2021 KENWOOD VILLAGE PROPERTY OWNERS ASSOCIATION 150.00 411557 07/22/2021 LARRY GRAYMAN 500.00 411558 07/22/2021 RADMES ENRIGUEZ 180.00 411559 07/22/2021 BRAE BURN ESTATES POA INC 150.00 411560 07/22/2021 BARRY L CRAUN 103.85 411561 07/22/2021 ALICE H PRICE 15.86 411562 07/22/2021 BRIGID M DISTEL 94.24 411563 07/22/2021 CAROL T BLATUS 96.96 411564 07/22/2021 CHARLES V BROWN 60.28 411565 07/22/2021 CHARLES F POLLARD 106.44 411566 07/22/2021 CHARLES J HALE 16.49 411567 07/22/2021 CONSTITUTION LIFE INSURANCE 79.60 411568 07/22/2021 DENISE A SLAVEN 99.22 411569 07/22/2021 DONNA M LOUDERMILK 236.96 411570 07/22/2021 ELIAS JONES 251.20 411571 07/22/2021 ELIZABETH M RYAN 158.59 411572 07/22/2021 ELIZABETH A MODESTO 76.19 411573 07/22/2021 FLORIDA PACE CENTERS 98.52 411574 07/22/2021 IUOE LOCAL BENEFIT 94.71 411575 07/22/2021 REMONA L HATCHER 96.84 411576 07/22/2021 RALPH W ALEWINE III 102.18 411577 07/22/2021 NANCY E CASEY 80.96 411578 07/22/2021 MILDRED G WENZEL 11.33 411579 07/22/2021 MIAMI CHILDREN HEALTH PLAN 89.57 411580 07/22/2021 LOUIS P GOODMAN 82.17 411581 07/22/2021 LORETTA LEPPANEN 569.60 411582 07/22/2021 KYLE JUTTNER 531.20 411583 07/22/2021 JOYCE BARRETT 578.00 411584 07/22/2021 JOSEPH A LAROCCA 93.48 411585 07/22/2021 JOANN EAKER 97.11 411586 07/22/2021 ZELDA DAVIS 25.00 411587 07/22/2021 WILLIAM S FORD 102.48 411588 07/22/2021 WILLIBERT M ERMAN 31.58 411589 07/22/2021 WELLCARE 78.54 411590 07/22/2021 WAYNE D BECK 92.27 411591 07/22/2021 VERONICA M KOLBENHEYER 100.43 411592 07/22/2021 SHEILA STEVENSON 505.60 411593 07/22/2021 ARVEST CENTRAL MORTGAGE COMPANY 4,500.00 411594 07/22/2021 RONALD A ANDERSON 2,100.00 411595 07/22/2021 SENIOR COLLABORATIVE OF INDIAN RIVER COUNTY IW000.00 53 TRANS NBR DATE VENDOR AMOUNT 411596 07/22/2021 MENTAL HEALTH COLLABORATIVE OF INDIAN COUNTiOlM.00 411597 07/22/2021 JUNE BERNARD 91.22 411598 07/22/2021 UTIL REFUNDS 88.12 411599 07/22/2021 UTIL REFUNDS 100.00 411600 07/22/2021 UTIL REFUNDS 8.90 411601 07/22/2021 UTIL REFUNDS 57.90 411602 07/22/2021 UTIL REFUNDS 37.51 411603 07/22/2021 UTIL REFUNDS 44.37 411604 07/22/2021 UTIL REFUNDS 211.54 411605 07/22/2021 UTIL REFUNDS 1.60 411606 07/22/2021 UTIL REFUNDS 13.61 411607 07/22/2021 UTIL REFUNDS 25.08 411608 07/22/2021 UTIL REFUNDS 61.15 411609 07/22/2021 UTIL, REFUNDS 75.57 411610 07/22/2021 UTIL REFUNDS 45.61 411611 07/22/2021 UTIL REFUNDS 33.30 411612 07/22/2021 UTIL REFUNDS 69.02 411613 07/22/2021 UTIL REFUNDS 72.47 411614 07/22/2021 UTIL REFUNDS 52.27 411615 07/22/2021 UTIL REFUNDS 19.81 411616 07/22/2021 UTIL REFUNDS 25.64 411617 07/22/2021 UTIL REFUNDS 183.88 411618 07/22/2021 UTIL REFUNDS 44.67 411619 07/22/2021 UTIL REFUNDS 23.14 411620 07/22/2021 UTIL REFUNDS 12.96 411621 07/22/2021 UTIL REFUNDS 36.04 411622 07/22/2021 UTIL REFUNDS 30.78 411623 07/22/2021 UTIL REFUNDS 15.62 411624 07/22/2021 UTIL REFUNDS 340.06 411625 07/22/2021 UTIL REFUNDS 216.80 411626 07/22/2021 UTIL REFUNDS 45.29 411627 07/22/2021 UTIL REFUNDS 14.46 411628 07/22/2021 UTEL REFUNDS 39.48 411629 07/22/2021 UTIL REFUNDS 25.19 411630 07/22/2021 UTIL REFUNDS 44.70 411631 07/22/2021 UTIL REFUNDS 6.30 411632 07/22/2021 UTIL REFUNDS 83.45 411633 07/22/2021 UTIL REFUNDS 27.78 411634 07/22/2021 UTIL REFUNDS 39.32 411635 07/22/2021 UTIL REFUNDS 39.47 411636 07/22/2021 UTIL REFUNDS 63.38 411637 07/22/2021 UTIL REFUNDS 45.79 411638 07/22/2021 UTIL REFUNDS 48.49 411639 07/22/2021 UTIL REFUNDS 29.17 411640 07/22/2021 UTIL REFUNDS 64.09 411641 07/22/2021 UTIL REFUNDS 80.71 411642 07/22/2021 UTIL REFUNDS 27.17 411643 07/22/2021 UTIL REFUNDS 35.19 411644 07/22/2021 UTIL REFUNDS 22.33 411645 07/22/2021 UTIL REFUNDS 29.70 411646 07/22/2021 CLEMENTS PEST CONTROL 6,150.00 411647 07/22/2021 PORT CONSOLIDATED INC 741.79 411648 07/22/2021 SSES INC 10,537.26 411649 07/22/2021 RANGER CONSTRUCTION IND INC 417.20 411650 07/22/2021 VERO CHEMICAL DISTRIBUTORS INC 269.70 411651 07/22/2021 PALMDALE OIL COMPANY INC 39,544.69 411652 07/22/2021 RICOH USA INC 162.98 411653 07/22/2021 RICOH USA INC 5.25 411654 07/22/2021 CHISHOLM CORP OF VERO 492.00 411655 07/22/2021 SAFETY PRODUCTS INC 282.50 54 TRANS NBR DATE VENDOR AMOUNT 411656 07/22/2021 SEWELL HARDWARE CO INC 309.42 411657 07/22/2021 GRAINGER 282.70 411658 07/22/2021 GAYLORD BROTHERS INC 136.51 411659 07/22/2021 LFI FORT PIERCE INC 1,100.86 411660 07/22/2021 EXPRESS REEL GRINDING INC 3,500.00 411661 07/22/2021 TIRESOLES OF BROWARD INC 2,541.95 411662 07/22/2021 WORLD BOOK INC 219.00 411663 07/22/2021 BLAKESLEE SERVICES INC 66.30 411664 07/22/2021 BAKER & TAYLOR INC 1,739.44 411665 07/22/2021 MIDWEST TAPE LLC 217.65 411666 07/22/2021 PENWORTHY COMPANY 1,388.59 411667 07/22/2021 PING INC 542.39 411668 07/22/2021 CLERK OF CIRCUIT COURT 114.00 411669 07/22/2021 CITY OF VERO BEACH 3,017.13 411670 07/22/2021 LIVINGSTON PAGE 75.00 411671 07/22/2021 TREASURE COAST HOMELESS SERVICES 850.80 411672 07/22/2021 HENRY FISCHER & SONS INC 975.00 411673 07/22/2021 UNIVERSITY OF FLORIDA 3,693.00 411674 07/22/2021 ROGER CLEVELAND GOLF INC 407.87 411675 07/22/2021 ACUSHNET COMPANY 800.02 411676 07/22/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 141.36 411677 07/22/2021 COMO OIL COMPANY OF FLORIDA 75.66 411678 07/22/2021 FAMOSO INC 479.07 411679 07/22/2021 CALLAWAY GOLF SALES COMPANY 117.77 411680 07/22/2021 FLORIDA RECREATION & PARK ASSOC INC 80.00 411681 07/22/2021 FLORIDA POWER AND LIGHT 9,753.98 411682 07/22/2021 COMPLETE ELECTRIC INC 210.00 411683 07/22/2021 FLORIDA STATE GOLF ASSOCIATION 966.00 411684 07/22/2021 HENRY SMITH 200.00 411685 07/22/2021 JOHN BROWN & SONS INC 3,600.00 411686 07/22/2021 FORESTRY SUPPLIERS INC 602.51 411687 07/22/2021 BRIDGESTONE AMERICAS INC 2,096.12 411688 07/22/2021 ST LUCIE COUNTY BOCC 3,096.30 411689 07/22/2021 MICHAEL QUIGLEY 620.00 411690 07/22/2021 TRANE US INC 50.42 411691 07/22/2021 NATIONAL NOTARY ASSOCIATION 137.00 411692 07/22/2021 FASTENAL COMPANY 130.03 411693 07/22/2021 THE SHERWIN WILLIAMS CO 59.86 411694 07/22/2021 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 411695 07/22/2021 GLOVER OIL COMPANY INC 62,788.52 411696 07/22/2021 LARRY STEPHENS 225.00 411697 07/22/2021 CAROLE J MADIGAN 1,650.00 411698 07/22/2021 ORCHID ISLAND PROPERTY MGMT II INC 400.00 411699 07/22/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 845.25 411700 07/22/2021 DANE MACDONALD 225.00 411701 07/22/2021 JACE CHANDLER & ASSOCIATES INC 545.00 411702 07/22/2021 MADESSIA FLOWERS 60.00 411703 07/22/2021 KWACKS INC 1,685.00 411704 07/22/2021 VERA SMITH 75.00 411705 07/22/2021 GARRETT SMITH 30.00 411706 07/22/2021 AMERICAN TRAFFIC SAFETY 400.00 411707 07/22/2021 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 411708 07/22/2021 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 411709 07/22/2021 GFA INTERNATIONAL INC 12,337.50 411710 07/22/2021 CLEAN SWEEP & VAC LLC 7,986.00 411711 07/22/2021 REPROGRAPHIC SOLUTIONS INC 53.82 411712 07/22/2021 O SPORTSWEAR LLC 1,512.00 411713 07/22/2021 CALDWELL PACETTI EDWARDS 922.50 411714 07/22/2021 STS MAINTAIN SERVICES INC 4,950.00 411715 07/22/2021 COBRA GOLF INCORPORATED 1,863.60 55 TRANS NBR DATE VENDOR AMOUNT 411716 07/22/2021 SYLIVIA MILLER 81.00 411717 07/22/2021 UNIFIRST CORPORATION 923.39 411718 07/22/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 783.64 411719 07/22/2021 BUSY BEE LAWN & GARDEN CENTER INC 13.98 411720 07/22/2021 COLE AUTO SUPPLY INC 3,463.18 411721 07/22/2021 KONICA MINOLTA BUSINESS SOLUTIONS 275.17 411722 07/22/2021 SUPERSAFE LIBRARY SECURITY INC 395.00 411723 07/22/2021 JOSEPH ELLIOTT USA LLC 1,346.78 411724 07/22/2021 CALVIN GIORDANO & ASSOCIATES INC 22,843.75 411725 07/22/2021 CORE & MAIN LP 3,128.00 411726 07/22/2021 PACIFIC RIM VENTURES INC 399.00 411727 07/22/2021 ULINE INC 795.18 411728 07/22/2021 DJD EQUIPMENT HOLDINGS LLC 3,403.21 411729 07/22/2021 THERNELL MILLS 225.00 411730 07/22/2021 TAYLOR ANNE HATTON 1,420.00 411731 07/22/2021 AMAZON CAPITAL SERVICES INC 4,241.83 411732 07/22/2021 TREASURE COAST PLUMBING LLC 298.00 411733 07/22/2021 PIRATE PEST CONTROL LLC 41.00 411734 07/22/2021 ALL RITE WATER PURIFICATION INC 294.79 411735 07/22/2021 CALITEN LLC 40.27 411736 07/22/2021 AMERIGAS PROPANE LP 2,061.33 411737 07/22/2021 DIGITAL GOLF TECHNOLOGIES INC 360.00 411738 07/22/2021 JORDAN POWER EQUIPMENT CORP 243.88 411739 07/22/2021 MULLINAX FORD OF VERO BEACH 2,146.88 411740 07/22/2021 JUDITH A BURLEY 377.50 411741 07/22/2021 DESK SPINCO INC 315.00 411742 07/22/2021 MT CAUSLEY LLC 17,783.92 411743 07/22/2021 STAPLES INC 686.75 411744 07/22/2021 LOWES COMPANIES INC 881.99 411745 07/22/2021 SPORTS ENGINE INC 111.00 411746 07/22/2021 BRITTON INDUSTRIES INC 273.49 411747 07/22/2021 GRANTANALYST.COM LLC 6,500.00 411748 07/22/2021 RANDSTAD NORTH AMERICA INC 1,556.67 411749 07/22/2021 JUNIPER LANDSCAPING OF FLORIDA LLC 6,030.76 411750 07/22/2021 PEOPLE READY FLORIDA INC 3,508.80 411751 07/22/2021 SCOTT TREE SERVICES 12,299.54 411752 07/22/2021 SPARMS AMERICA INC 376.80 411753 07/22/2021 GRACIE L THORNTON 440.00 411754 07/22/2021 ANTHONY J HERNANDEZ 590.00 Grand Total: 1,534,979.44 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018448 07/16/2021 INDIAN RIVER OXYGEN INC 3,782.50 1018449 07/16/2021 GALLS LLC 305.60 1018450 07/16/2021 MEEKS PLUMBING INC 212.00 1018451 07/16/2021 PRIDE ENTERPRISES 502.50 1018452 07/16/2021 STRYKER SALES CORP 346.80 1018453 07/16/2021 SIMS CRANE & EQUIPMENT CO 577.80 1018454 07/16/2021 STAT MEDICAL DISPOSAL INC 65.00 1018455 07/16/2021 HYDRA SERVICE (S) INC 13,167.49 1018456 07/16/2021 NEXAIR LLC 49.74 1018457 07/16/2021 PACE ANALYTICAL SERVICES LLC 9,501.00 1018458 07/21/2021 AT&T CORP 116.51 1018459 07/21/2021 AT&T CORP 734.94 1018460 07/21/2021 AT&T CORP 570.86 1018461 07/21/2021 OFFICE DEPOT INC 914.20 1018462 07/21/2021 COMCAST 60.00 1018463 07/21/2021 WASTE MANAGEMENT INC OF FLORIDA 1,719.59 1018464 07/22/2021 COLD AIR DISTRIBUTORS WAREHOUSE 684.81 1018465 07/22/2021 INDIAN RIVER BATTERY 465.80 1018466 07/22/2021 INDIAN RIVER OXYGEN INC 109.75 1018467 07/22/2021 MIKES GARAGE & WRECKER SERVICE INC 1,120.00 1018468 07/22/2021 SMITH BROTHERS CONTRACTING EQUIP 43.76 1018469 07/22/2021 IRRIGATION CONSULTANTS UNLIMITED INC 648.50 1018470 07/22/2021 GROVE WELDERS INC 64.74 1018471 07/22/2021 RECHTIEN INTERNATIONAL TRUCKS 3,590.61 1018472 07/22/2021 AUTO PARTNERS LLC 257.00 1018473 07/22/2021 PIONEER MANUFACTURING 752.40 1018474 07/22/2021 EFE INC 330.37 1018475 07/22/2021 PACE ANALYTICAL SERVICES LLC 432.00 1018476 07/22/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 536.76 Grand Total: 41,663.03 57 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8766 07/16/2021 IRS -PAYROLL TAXES 11,854.84 8767 07/16/2021 FLORIDA DEPARTMENT OF BUSINESS AND 34,526.89 8768 07/16/2021 VEROTOWN LLC 253,712.93 8769 07/19/2021 CLERK OF CIRCUIT COURT 17,375.32 8770 07/19/2021 INDIAN RIVER COUNTY SHERIFF 6,951.79 8771 07/19/2021 SCHOOL DISTRICT OF I R COUNTY 507.06 8772 07/19/2021 SCHOOL DISTRICT OF I R COUNTY 206,133.54 8773 07/20/2021 CULTURAL COUNCIL OF IRC 10,000.00 8774 07/20/2021 VEROTOWN LLC 28,336.60 8775 07/20/2021 VEROTOWN LLC 10,000.00 8776 07/21/2021 CITY OF SEBASTIAN 148,639.73 8777 07/22/2021 WRIGHT EXPRESS FSC 24,157.78 Grand Total: 752,196.48 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 29, 2021 • COMPTR f� s yR,�fR COUN�y 4� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 23, 2021 to July 29, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 23, 2021 to July 29, 2021. 59 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 411755 07/23/2021 UNITED WAY OF INDIAN RIVER COUNTY 657.00 411756 07/23/2021 AGENCY FOR HEALTH CARE ADMIN 90,984.80 411757 07/23/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 411758 07/23/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 39.07 411759 07/23/2021 NORTH CAROLINA CHILD SUPPORT 105.69 411760 07/23/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 411761 07/23/2021 BAKER & TAYLOR INC 618.24 411762 07/23/2021 MIDWEST TAPE LLC 131.98 411763 07/23/2021 AMAZON CAPITAL SERVICES INC 453.28 411764 07/23/2021 PC SOLUTIONS & INTEGRATION INC 33,389.10 411765 07/26/2021 NATURAL RESOURCE NETWORK INC 10,000.00 411766 07/29/2021 COMMUNICATIONS INTERNATIONAL 28,636.68 411767 07/29/2021 KIMLEY HORN & ASSOC INC 2,729.38 411768 07/29/2021 SAFETY PRODUCTS INC 586.25 411769 07/29/2021 AT&T WIRELESS 55.33 411770 07/29/2021 AT&T WIRELESS 87.16 411771 07/29/2021 AT&T WIRELESS 130.32 411772 07/29/2021 AT&T WIRELESS 172.92 411773 07/29/2021 AT&T WIRELESS 492.00 411774 07/29/2021 AT&T WIRELESS 1,013.91 411775 07/29/2021 DATA FLOW SYSTEMS INC 877.00 411776 07/29/2021 GRAINGER 519.33 411777 07/29/2021 GRAYBAR ELECTRIC 292.40 411778 07/29/2021 REPUBLIC SERVICES INC 551,377.41 411779 07/29/2021 HACH CO 1,780.81 411780 07/29/2021 CLIFF BERRY INC 426.30 411781 07/29/2021 PETES CONCRETE 3,560.00 411782 07/29/2021 ODYSSEY MANUFACTURING CO 25,563.80 411783 07/29/2021 BOYS & GIRLS CLUB OF INDIAN 7,500.00 411784 07/29/2021 CITY OF VERO BEACH 21,976.73 411785 07/29/2021 INDIAN RIVER ALL FAB INC 2,193.00 411786 07/29/2021 UNITED STATES POSTAL SERVICE 18,267.00 411787 07/29/2021 JANITORIAL DEPOT OF AMERICA INC 125.44 411788 07/29/2021 INTERNATIONAL GOLF MAINTENANCE INC 99,060.21 411789 07/29/2021 GEOSYNTEC CONSULTANTS INC 19,076.42 411790 07/29/2021 FEDERAL EXPRESS CORP 9.66 411791 07/29/2021 TYLER TECHNOLOGIES INC 194,293.12 411792 07/29/2021 FLORIDA POWER AND LIGHT 93,480.48 411793 07/29/2021 NEW HORIZONS OF THE TREASURE COAST 26,657.00 411794 07/29/2021 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,850.00 411795 07/29/2021 JASON E BROWN 40.00 411796 07/29/2021 IRC HEALTHY START COALITION INC 10,000.00 411797 07/29/2021 GIFFORD COMMUNITY CENTER 5,806.63 411798 07/29/2021 G K ENVIRONMENTAL INC 18,500.00 411799 07/29/2021 FORESTRY SUPPLIERS INC 468.49 411800 07/29/2021 DONADIO AND ASSOCIATES ARCHITECTS PA 6,838.50 411801 07/29/2021 SHRIEVE CHEMICAL CO 3,906.82 411802 07/29/2021 ARCADIS U S INC 3,847.50 411803 07/29/2021 CELICO PARTNERSHIP 721.40 411804 07/29/2021 U S BANK NATIONAL ASSOCIATION 944.69 411805 07/29/2021 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 411806 07/29/2021 VAN WAL INC 60.00 411807 07/29/2021 SYNAGRO-WWT INC 68,956.20 411808 07/29/2021 POLYDYNE INC 2,645.00 411809 07/29/2021 BIG BROTHERS AND BIG SISTERS 7,371.91 411810 07/29/2021 DASIE BRIDGEWATER HOPE CENTER INC 4,497.57 411811 07/29/2021 KASER, LINDA S 500.00 411812 07/29/2021 SEBASTIANRIVER AREA CHAMBER OF COMMERCE 6,182.17 60 TRANS NBR DATE VENDOR AMOUNT 411813 07/29/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,277.67 411814 07/29/2021 SOUTHEASTERN WASTEWATER EQUIPMENT CORP 1,800.00 411815 07/29/2021 M H WILLIAMS CONDO CONST LLC 1,314.52 411816 07/29/2021 GLOBALSTAR USA 199.26 411817 07/29/2021 NICOLACE MARKETING INC 7,527.50 411818 07/29/2021 WINSUPPLY OF VERO BEACH 86.37 411819 07/29/2021 BRENNTAG MID-SOUTH INC 26,625.19 411820 07/29/2021 TREASURE COAST SWIMMING LLC 2,000.00 411821 07/29/2021 FLORIDA ARMATURE WORKS INC 948.65 411822 07/29/2021 MOORE MOTORS INC 22.00 411823 07/29/2021 BURNETT LIME CO INC 6,650.30 411824 07/29/2021 STRAIGHT OAK LLC 48.53 411825 07/29/2021 CHEMTRADE CHEMICALS CORPORTATION 2,975.84 411826 07/29/2021 TRINOVA-FLORIDA INC 272.19 411827 07/29/2021 ANFIELD CONSULTING GROUP INC 10,000.00 411828 07/29/2021 CATHEDRAL CORPORATION 948.59 411829 07/29/2021 UNIFIRST CORPORATION 634.39 411830 07/29/2021 HYDROMAX USA LLC 23,284.54 411831 07/29/2021 AC VETERINARY SPECIALTY SERVICES 246.98 411832 07/29/2021 MATHESON TRI-GAS INC 8,686.21 411833 07/29/2021 COLE AUTO SUPPLY INC 208.80 411834 07/29/2021 BOWMAN CONSULTING GROUP LTD 12,476.50 411835 07/29/2021 ENVIRONMENTAL OPERATING SOLUTION INC 8,074.50 411836 07/29/2021 LOCKTON COMPANIES 25,000.00 411837 07/29/2021 CORE & MAIN LP 14,267.99 411838 07/29/2021 ABISCOM INC 425.57 411839 07/29/2021. TYKES & TEENS INC 7,067.50 411840 07/29/2021 EMPIRE PIPE ORLANDO LLC 319,200.00 411841 07/29/2021 AMAZON CAPITAL SERVICES INC 840.37 411842 07/29/2021 BANYAN RECYCLING INC 630.00 411843 07/29/2021 GATEWAY SERVICES USA LLC 36.00 411844 07/29/2021 DESK SPINCO INC 169.29 411845 07/29/2021 FERGUSON US HOLDINGS INC 160.00 411846 07/29/2021 BLUE GOOSE CONSTRUCTION LLC 917.08 411847 07/29/2021 LOWES COMPANIES INC 579.14 411848 07/29/2021 SMI TRADING LLC 211.90 411849 07/29/2021 DEX IMAGING LLC 25.00 411850 07/29/2021 CONSOR ENGINEERS LLC 105,303.65 411851 07/29/2021 LAWRENCE LEE CONSTRUCTION SERVICES INC 19,450.00 411852 07/29/2021 HIREQUEST LLC 3,532.83 411853 07/29/2021 SAFE FAMILIES FOR CHILDREN 4,971.40 411854 07/29/2021 A TEAM OF THE TREASURE COAST INC 810.00 411855 07/29/2021 CLEAN SPACE INC 15,530.91 411856 07/29/2021 NANCY DE VRIES 188.64 411857 07/29/2021 K & B ENTERPRISES CORPORATION 10,000.00 411858 07/29/2021 GLEN HUTCHINS 3,993.42 411859 07/29/2021 UTIL REFUNDS 100.00 411860 07/29/2021 UTIL REFUNDS 78.93 411861 07/29/2021 UTIL REFUNDS 75.49 411862 07/29/2021 UTIL REFUNDS 64.47 411863 07/29/2021 UTIL REFUNDS 71.15 411864 07/29/2021 UTIL REFUNDS 43.85 411865 07/29/2021 UTIL REFUNDS 48.18 411866 07/29/2021 UTIL REFUNDS 77.63 411867 07/29/2021 UTIL REFUNDS 52.05 411868 07/29/2021 UTIL REFUNDS 65.41 411869 07/29/2021 UTIL REFUNDS 75.41 411870 07/29/2021 UTIL REFUNDS 8.12 411871 07/29/2021 UTIL REFUNDS 42.42 411872 07/29/2021 UTIL REFUNDS 42.90 61 TRANS NBR DATE VENDOR AMOUNT 411873 07/29/2021 UTIL REFUNDS 64.15 411874 07/29/2021 UTI, REFUNDS 42.01 411875 07/29/2021 UTIL REFUNDS 78.73 411876 07/29/2021 UTIL REFUNDS 72.05 411877 07/29/2021 UTIL REFUNDS 86.55 411878 07/29/2021 UTIL REFUNDS 44.68 411879 07/29/2021 UTIL, REFUNDS 86.09 411880 07/29/2021 UTIL REFUNDS 13.70 411881 07/29/2021 UTIL REFUNDS 26.66 411882 07/29/2021 UTIL REFUNDS 41.21 411883 07/29/2021 UTIL REFUNDS 68.36 411884 07/29/2021 UTII., REFUNDS 67.38 411885 07/29/2021 UTIL REFUNDS 129.34 411886 07/29/2021 UTIL REFUNDS 61.95 411887 07/29/2021 UTIL REFUNDS 58.72 411888 07/29/2021 UTIL REFUNDS 45.34 411889 07/29/2021 UTIL REFUNDS 43.16 411890 07/29/2021 UTIL REFUNDS 27.35 411891 07/29/2021 UTIL REFUNDS 38.38 411892 07/29/2021 UTIL REFUNDS 127.30 411893 07/29/2021 UTIL, REFUNDS 55.51 411894 07/29/2021 UTU, REFUNDS 28.69 411895 07/29/2021 UTIL REFUNDS 34.12 411896 07/29/2021 UTIL REFUNDS 92.68 411897 07/29/2021 UTIL REFUNDS 70.42 411898 07/29/2021 UTIL REFUNDS 39.39 411899 07/29/2021 UTIL REFUNDS 86.73 411900 07/29/2021 UTIL, REFUNDS 60.53 411901 07/29/2021 UTIL REFUNDS 53.87 411902 07/29/2021 UTIL REFUNDS 63.44 411903 07/29/2021 UTIL REFUNDS 43.40 411904 07/29/2021 UTIL REFUNDS 11.73 411905 07/29/2021 UTIL REFUNDS 46.19 411906 07/29/2021 UTIL REFUNDS 26.11 411907 07/29/2021 UTIL REFUNDS 19.57 411908 07/29/2021 UTIL REFUNDS 77.81 411909 07/29/2021 UTIL REFUNDS 55.06 411910 07/29/2021 UTIL REFUNDS 52.46 411911 07/29/2021 UTIL REFUNDS 33.08 411912 07/29/2021 UTIL REFUNDS 36.26 411913 07/29/2021 UTIL REFUNDS 40.86 411914 07/29/2021 UTIL REFUNDS 63.63 411915 07/29/2021 UTIL REFUNDS 65.08 411916 07/29/2021 UTIL REFUNDS 131.53 411917 07/29/2021 UTIL REFUNDS 73.30 411918 07/29/2021 UTI, REFUNDS 35.79 411919 07/29/2021 UTIL REFUNDS 100.00 411920 07/29/2021 UTIL REFUNDS 49.41 411921 07/29/2021 UTIL REFUNDS 42.84 411922 07/29/2021 UTIL REFUNDS 50.58 411923 07/29/2021 UTIL REFUNDS 54.38 411924 07/29/2021 UTIL REFUNDS 139.03 411925 07/29/2021 UTIL REFUNDS 37.51 411926 07/29/2021 UTIL REFUNDS 41.06 411927 07/29/2021 UTIL REFUNDS 4.01 411928 07/29/2021 UTIL REFUNDS 70.44 411929 07/29/2021 UTIL REFUNDS 30.57 411930 07/29/2021 UTEL REFUNDS 15.75 411931 07/29/2021 UTIL REFUNDS 40.42 411932 07/29/2021 UTIL REFUNDS 70.31 62 TRANS NBR DATE VENDOR AMOUNT 411933 07/29/2021 UTIL REFUNDS 25.57 411934 07/29/2021 UTIL REFUNDS 38.34 411935 07/29/2021 UTIL REFUNDS 28.17 411936 07/29/2021 UTIL REFUNDS 32.74 411937 07/29/2021 UTIL REFUNDS 66.92 411938 07/29/2021 UTIL REFUNDS 24.18 411939 07/29/2021 UTIL REFUNDS 86.01 411940 07/29/2021 UTIL REFUNDS 7.06 411941 07/29/2021 UTIL REFUNDS 84.03 411942 07/29/2021 UTIL REFUNDS 88.65 411943 07/29/2021 UTIL REFUNDS 29.57 411944 07/29/2021 UTIL REFUNDS 169.69 411945 07/29/2021 UTIL REFUNDS 85.48 411946 07/29/2021 UTIL REFUNDS 91.15 411947 07/29/2021 UTIL REFUNDS 77.57 411948 07/29/2021 UTIL REFUNDS 40.86 411949 07/29/2021 UTIL, REFUNDS 74.68 411950 07/29/2021 UTIL REFUNDS 43.72 411951 07/29/2021 UTIL REFUNDS 32.98 411952 07/29/2021 UTIL REFUNDS 40.96 411953 07/29/2021 UTIL REFUNDS 38.72 411954 07/29/2021 UTIL REFUNDS 54.62 411955 07/29/2021 UTIL REFUNDS 74.58 411956 07/29/2021 UTIL, REFUNDS 4.41 411957 07/29/2021 FLORIDA WATER & POLLUTION CONTROL 275.00 411958 07/29/2021 NATIONAL RECREATION & PARK ASSOC 595.00 411959 07/29/2021 FLORIDA RECREATION & PARK ASSOC INC 125.00 411960 07/29/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 49.00 411961 07/29/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 49.00 411962 07/29/2021 BUILDING OFFICIALS ASSOC OF FLORIDA 74.75 411963 07/29/2021 CARIBE ROYALE HOTEL 149.00 411964 07/29/2021 RECYCLE FLORIDA TODAY INC 425.00 411965 07/29/2021 RESIDENCE INN ORLANDO SEAWORLD 96.00 411966 07/29/2021 INTERCONTINENTAL MIAMI HOTEL 450.00 411967 07/29/2021 SUSAN ADAMS 133.87 411968 07/29/2021 RACE TO SAFETY TRAINING LLC 199.00 411969 07/29/2021 LENGEMANN CORP 791.90 411970 07/29/2021 RANGER CONSTRUCTION IND INC 2,433.74 411971 07/29/2021 VERO CHEMICAL DISTRIBUTORS INC 424.80 411972 07/29/2021 SAFETY PRODUCTS INC 186.40 411973 07/29/2021 SEWELL HARDWARE CO INC 281.20 411974 07/29/2021 E-Z BREW COFFEE & BOTTLE WATER SVC 90.87 411975 07/29/2021 SAFETY KLEEN SYSTEMS INC 335.39 411976 07/29/2021 LFI FORT PIERCE INC 1,268.33 411977 07/29/2021 NEWMANS POWER SYSTEMS 157.50 411978 07/29/2021 BAKER DISTRIBUTING CO LLC 155.54 411979 07/29/2021 PAUL CARONE 4,773.00 411980 07/29/2021 WILLIE C REAGAN 2,354.00 411981 07/29/2021 CITY OF VERO BEACH 209.14 411982 07/29/2021 LIVINGSTON PAGE 425.00 411983 07/29/2021 TREASURE COAST HOMELESS SERVICES 12,278.28 411984 07/29/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 99.58 411985 07/29/2021 NATIONAL RECREATION & PARK ASSOC 95.00 411986 07/29/2021 TIMOTHY ROSE CONTRACTING INC 10,500.00 411987 07/29/2021 FLORIDA POWER AND LIGHT 60,886.33 411988 07/29/2021 FLORIDA POWER AND LIGHT 9,799.67 411989 07/29/2021 COMPLETE ELECTRIC INC 3,450.00 411990 07/29/2021 BE SAFE SECURITY ALARMS INC 209.70 411991 07/29/2021 HENRY SMITH 550.00 411992 07/29/2021 LARRY STALEY 1,041.00 63 TRANS NBR DATE VENDOR AMOUNT 411993 07/29/2021 JOHN BROWN & SONS INC 8,335.00 411994 07/29/2021 WESTSIDE REPROGRAPHICS OF VERO BEACH, INC 89.40 411995 07/29/2021 DAVID SPARKS 700.00 411996 07/29/2021 THE PALMS AT VERO BEACH 2,345.00 411997 07/29/2021 MICHAEL QUIGLEY 30.00 411998 07/29/2021 TRANE US INC 14,139.25 411999 07/29/2021 HULETT ENVIRONMENTAL SERVICES 1,027.00 412000 07/29/2021 ARTHUR PRUETT 756.00 412001 07/29/2021 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 412002 07/29/2021 BONDED LIGHTNING PROTECTION SYSTEMS INC 7,500.00 412003 07/29/2021 SOUTHERN JANITOR SUPPLY INC 4,163.24 412004 07/29/2021 MICHAEL JAHOLKOWSKI 547.00 412005 07/29/2021 STEVEN RENNICK 661.00 412006 07/29/2021 LARRY STEPHENS 125.00 412007 07/29/2021 GERELCOM INC 19,816.80 412008 07/29/2021 HINKLE & SONS SERVICES INC 4,800.00 412009 07/29/2021 SUNCOAST REALTY & RENTAL MGMT LLC 658.00 412010 07/29/2021 PAMELA R CUMMINGS 689.00 412011 07/29/2021 JOHNNY B SMITH 350.00 412012 07/29/2021 DANE MACDONALD 250.00 412013 07/29/2021 INDIAN RIVER RDA LP 260.00 412014 07/29/2021 MADESSIA FLOWERS 110.00 412015 07/29/2021 SOUTHEAST SECURE SHREDDING 42.00 412016 07/29/2021 WINSUPPLY OF VERO BEACH 121.11 412017 07/29/2021 OKEECHOBEE PARTNERS LLC 807.00 412018 07/29/2021 VERA SMITH 105.00 412019 07/29/2021 GARRETT SMITH 200.00 412020 07/29/2021 D J P GENERAL CONTRACTING SERVICES INC 8,206.00 412021 07/29/2021 GUETTLER BROTHERS CONSTRUCTION LLC 3,000.00 412022 07/29/2021 MISS INC OF THE TREASURE COAST 2,571.00 412023 07/29/2021 VERO BEACH PARTNERSHIP 400.00 412024 07/29/2021 VERO BEACH PARTNERSHIP 400.00 412025 07/29/2021 STEVE ABERNATHY 930.00 412026 07/29/2021 FIVE STAR PROPERTY HOLDING LLC 1,060.00 412027 07/29/2021 ALEX MIKLO 200.00 412028 07/29/2021 DEBORAH CUEVAS 400.00 412029 07/29/2021 STS MAINTAIN SERVICES INC 4,850.00 412030 07/29/2021 COBRA GOLF INCORPORATED 262.67 412031 07/29/2021 HAWKINS INC 465.00 412032 07/29/2021 THE TRANSIT GROUP INC 750.53 412033 07/29/2021 YOURMEMBERSHIRCOM 399.00 412034 07/29/2021 AUGUSTUS B FORT JR 713.00 412035 07/29/2021 A GREAT FENCE LLC 48,779.88 412036 07/29/2021 UNIFIRST CORPORATION 824.68 412037 07/29/2021 H&H SHADOWBROOK LLC 657.00 412038 07/29/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 203.68 412039 07/29/2021 ADVANCE STORES COMPANY INCORPORATED 253.18 412040 07/29/2021 HELPING HANDS REAL ESTATE & INVESTMENT CO 1,466.00 412041 07/29/2021 ALIX DENEAU 750.00 412042 07/29/2021 NKW PIP HOLDINGS I LLC 1,967.00 412043 07/29/2021. RECYCLING ROCKS LLC 1,600.00 412044 07/29/2021 CORE & MAIN LP 496.00 412045 07/29/2021 AAAA SERVICE LLC 417.35 412046 07/29/2021 KARL POKRANDT 1,072.00 412047 07/29/2021 THERNELL MILLS 100.00 412048 07/29/2021 TAYLOR ANNE HATTON 20.00 412049 07/29/2021 BRANDON ROUER 820.00 412050 07/29/2021 HUDSON CONSULTING & MANAGEMENT LLC 538.00 412051 07/29/2021 AMAZON CAPITAL SERVICES INC 747.49 412052 07/29/2021 AMERIGAS PROPANE LP 2,190.84 64 TRANS NBR DATE VENDOR AMOUNT 412053 07/29/2021 JOHN J DRISCOLL 350.00 412054 07/29/2021 JORDAN POWER EQUIPMENT CORP 635.64 412055 07/29/2021 JUDITH A BURLEY 345.00 412056 07/29/2021 SHARON P BRENNAN 661.00 412057 07/29/2021 R&S RADIO LLC 800.00 412058 07/29/2021 IXORIA LLC 711.00 412059 07/29/2021 SHAUNA WALGRAVE 950.00 412060 07/29/2021 A PLUS PROPERTY MANAGEMENT INC 5,438.00 412061 07/29/2021 BLUE GOOSE CONSTRUCTION LLC 7,395.30 412062 07/29/2021 ORCHARD GROVE VENTURE LLC 1,537.00 412063 07/29/2021 STAPLES INC 509.20 412064 07/29/2021 LOWES COMPANIES INC 3,378.66 412065 07/29/2021 SMI TRADING LLC 3.98 412066 07/29/2021 GOMEZ BROTHERS ENTERPRISES INC 19,674.00 412067 07/29/2021 GEORGIA KING LLC 1,557.00 412068 07/29/2021 BREGO PROPERTIES LLC 3,754.00 412069 07/29/2021 CHRIS ZAVESKY 125.00 412070 07/29/2021 DEX IMAGING LLC 51.85 412071 07/29/2021 ROBERT A HUDSON 350.00 412072 07/29/2021 SCP DISTRIBUTORS LLC 3,492.00 412073 07/29/2021 SREIT LEXINGTON CLUB LLC 3,173.00 412074 07/29/2021 ROBERT SCARBOROUGH WELLS LLC 7,101.26 412075 07/29/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 347.00 412076 07/29/2021 MARLBROS HOLDINGS LLC 1,036.00 412077 07/29/2021 JARROD CANNON 916.00 412078 07/29/2021 AQUATIC WEED CONTROL INC 145.00 412079 07/29/2021 BRITTON INDUSTRIES INC 272.79 412080 07/29/2021 CW ROBERTS CONTRACTING INC 130,637.00 412081 07/29/2021 JUNIPER LANDSCAPING OF FLORIDA LLC 4,035.00 412082 07/29/2021 PEOPLE READY FLORIDA INC 2,545.44 412083 07/29/2021 MARC H MASET 350.00 412084 07/29/2021 LAWRENCE F WALLIN 200.00 412085 07/29/2021 SILVER ORANGE LLC 730.00 412086 07/29/2021 JOHN WAYNE WHEELER 300.00 412087 07/29/2021 SEUNG KIM 708.00 412088 07/29/2021 MICHAEL MILLER 1,459.00 412089 07/29/2021 RS REALTY ADVISORS LLC 2,888.00 412090 07/29/2021 STEVEN GIORDANO 2,600.00 412091 07/29/2021 MAGELLAN ADVISORS LLC 14,900.00 412092 07/29/2021 GRACIE L THORNTON 30.00 412093 07/29/2021 HERBERT FLOWERS 120.00 412094 07/29/2021 WILLIAM J LAHEY 1,609.00 Grand Total: 2,577,843.26 65 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901317 07/23/2021 901318 07/23/2021 901319 07/23/2021 901320 07/23/2021 Grand Total: VENDOR CREATIVE CHOICE HOMES XVI LTD CELICO PARTNERSHIP PELICAN ISLES LP PEMBERLY PALMS HH LLC AMOUNT 726.00 5.04 639.00 1,343.00 2,713.04 66 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018477 07/26/2021 PARKS RENTAL & SALES INC 528.00 1018478 07/26/2021 INDIAN RIVER BATTERY 141.45 1018479 07/26/2021 MIKES GARAGE & WRECKER SERVICE INC 185.00 1018480 07/26/2021 APPLE INDUSTRIAL SUPPLY CO 1,237.66 1018481 07/26/2021 MEEKS PLUMBING INC 1,227.00 1018482 07/26/2021 IRRIGATION CONSULTANTS UNLIMITED INC 30.33 1018483 07/26/2021 FIRST HOSPITAL LABORATORIES INC 1,079.00 1018484 07/26/2021 STRYKER SALES CORP 3,576.30 1018485 07/26/2021 CUMMINS INC 1,998.73 1018486 07/26/2021 SIMS CRANE & EQUIPMENT CO 1,219.80 1018487 07/26/2021 L&L DISTRIBUTORS 1,084.63 1018488 07/26/2021 STAT MEDICAL DISPOSAL INC 600.00 1018489 07/26/2021 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1018490 07/26/2021 NEXAIR LLC 46.63 1018491 07/27/2021 COMCAST 108.35 1018492 07/27/2021 WASTE MANAGEMENT INC OF FLORIDA 8,605.76 1018493 07/29/2021 PARKS RENTAL & SALES INC 308.00 1018494 07/29/2021 IRRIGATION CONSULTANTS UNLIMITED INC 605.01 1018495 07/29/2021 GROVE WELDERS INC 111.20 1018496 07/29/2021 GUARDIAN ALARM OF FLORIDA LLC 977.46 1018497 07/29/2021 EFE INC 640.78 1018498 07/29/2021 PACE ANALYTICAL SERVICES LLC 222.00 1018499 07/29/2021 AT&T CORP 31.05 1018500 07/29/2021 AT&T CORP 10.31 1018501 07/29/2021 AT&T CORP 18.13 1018502 07/29/2021 AT&T CORP 9.68 1018503 07/29/2021 AT&T CORP 30.41 1018504 07/29/2021 AT&T CORP 195.17 1018505 07/29/2021 AT&T CORP 8.48 1018506 07/29/2021 AT&T CORP 5,930.27 1018507 07/29/2021 AT&T CORP 217.98 1018508 07/29/2021 AT&T CORP 651.37 1018509 07/29/2021 AT&T CORP 30.22 1018510 07/29/2021 AT&T CORP 425.01 1018511 07/29/2021 AT&T CORP 185.68 1018512 07/29/2021 AT&T CORP 45.33 1018513 07/29/2021 COMCAST 264.95 1018514 07/29/2021 WASTE MANAGEMENT INC OF FLORIDA 8,492.30 1018515 07/29/2021 OFFICE DEPOT INC 1,900.61 Grand Total: 43,065.04 67 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8778 07/23/2021 IRC FIRE FIGHTERS ASSOC 10,270.72 8779 07/23/2021 TEAMSTERS LOCAL UNION #769 5,179.00 8780 07/23/2021 FL SDU 3,991.94 8781 07/23/2021 FLORIDA POWER AND LIGHT 74,000.00 8782 07/23/2021 VETERANS COUNCIL OF I R C 5,481.38 8783 07/23/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 10,146.79 8784 07/23/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 73,458.73 8785 07/23/2021 TOTAL ADMINISTRATIVE SERVICES CORP 10,904.77 8786 07/23/2021 RX BENEFITS INC 169,875.33 8787 07/26/2021 IRS -PAYROLL TAXES 505,166.53 8788 07/27/2021 CITY OF SEBASTIAN 1,507.90 8789 07/27/2021 CDM SMITH INC 5,184.20 8790 07/27/2021 HALLEY ENGINEERING CONTRACTORS INC 1,278,472.95 8791 07/28/2021 IRC CHAMBER OF COMMERCE 7,348.39 8792 07/28/2021 IRC CHAMBER OF COMMERCE 4,313.72 8793 07/29/2021 KIMLEY HORN & ASSOC INC 19,322.14 8794 07/29/2021 MUTUAL OF OMAHA 19,752.17 8795 07/29/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 40,651.00 8796 07/29/2021 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,398.64 8797 07/29/2021 KIMLEY HORN & ASSOC INC 39,871.05 8798 07/29/2021 CDM SMITH INC 35,680.50 8799 07/29/2021 NATIONAL METERING SERVICES INC 67,727.87 8800 07/29/2021 TOWN OF INDIAN RIVER SHORES 7,220.77 8801 07/29/2021 COALITION FOR ATTAINABLE HOMES INC 1,800.00 Grand Total: 2,401,726.49 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 5, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 30, 2021 to August 5, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 30, 2021 to August 5, 2021. 69 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 412095 07/30/2021 CITY OF VERO BEACH 21,976.73 412096 07/30/2021 KEITH RACKLEY 44.14 412097 07/30/2021 JOHN ALLEN 99.25 412098 08/05/2021 COMMUNICATIONS INTERNATIONAL 3,530.71 412099 08/05/2021 TEN -8 FIRE EQUIPMENT INC 8,063.68 412100 08/05/2021 VERO CHEMICAL DISTRIBUTORS INC 985.38 412101 08/05/2021 RICOH USA INC 67.48 412102 08/05/2021 HENRY SCHEIN INC 6,193.76 412103 08/05/2021 SUB AQUATICS INC 15,546.00 412104 08/05/2021 VERO MARINE CENTER INC 17.95 412105 08/05/2021 BOUND TREE MEDICAL LLC 5,054.12 412106 08/05/2021 DIVE RESCUE INC 492.50 412107 08/05/2021 TIRESOLES OF BROWARD INC 2,969.00 412108 08/05/2021 CITY ELECTRIC SUPPLY COMPANY 29.14 412109 08/05/2021 CARTER ASSOCIATES INC 2,495.00 412110 08/05/2021 BRANDTS APPLIANCE SERVICE INC 55.06 412111 08/05/2021 SUNSHINE REHABILATION CENTER OF IRC INC 45.00 412112 08/05/2021 CITY OF VERO BEACH 1,498.61 412113 08/05/2021 CITY OF VERO BEACH 2,500.00 412114 08/05/2021 AT&T CORP 52.31 412115 08/05/2021 AT&T CORP 60.29 412116 08/05/2021 TREASURE COAST HOMELESS SERVICES 20,674.75 412117 08/05/2021 FEDERAL EXPRESS CORP 149.95 412118 08/05/2021 VERO HERITAGE INC 10,000.00 412119 08/05/2021 FLORIDA POWER AND LIGHT 7,331.72 412120 08/05/2021 LANGUAGE LINE SERVICES INC 57.50 412121 08/05/2021 COMPLETE ELECTRIC INC 1,450.00 412122 08/05/2021 TOCOMA RUBBER STAMP & MARKING SYSTEM 53.59 412123 08/05/2021 INDIAN RIVER COUNTY HISTORICAL 5,423.75 412124 08/05/2021 MIDWEST MOTOR SUPPLY CO 64.40 412125 08/05/2021 WINDOW SALES & SERVICE INC 553.08 412126 08/05/2021 CELICO PARTNERSHIP 630.94 412127 08/05/2021 SOUTHERN JANITOR SUPPLY INC 349.17 412128 08/05/2021 JACKS COMPLETE TREE SERVICE INC 500.00 412129 08/05/2021 ETR LLC 365,749.00 412130 08/05/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 3.67 412131 08/05/2021 FISHER & PHILLIPS LLP 308.00 412132 08/05/2021 WINSUPPLY OF VERO BEACH 160.00 412133 08/05/2021 CARDINAL HEALTH I10 INC 2,139.36 412134 08/05/2021 UNIFIRST CORPORATION 39.30 412135 08/05/2021 WURTH USA INC 225.00 412136 08/05/2021 CHARD SNYDER & ASSOCIATES INC 329.60 412137 08/05/2021 CANARX GROUP INC 2,528.30 412138 08/05/2021 COLE AUTO SUPPLY INC 1,087.65 412139 08/05/2021 KREMEDY LLC 696.00 412140 08/05/2021 RHOADES AIR & HEAT 430.00 412141 08/05/2021 IDSC HOLDINGS LLC 4,509.44 412142 08/05/2021 SHELTRA & SONS CONTRACTING LLC 2,005.76 412143 08/05/2021 DAYDREAMS UNIFORMS INC 212.75 412144 08/05/2021 BOTTOMS UP BEVERAGE OF FLORIDA LLC 728.00 412145 08/05/2021 OCCIDENTAL FIRE & CASUALTY OF N CAROLINA 21,140.00 412146 08/05/2021 DIRECTV GROUP INC 81.99 412147 08/05/2021 AMAZON CAPITAL SERVICES INC 1,779.64 412148 08/05/2021 TREASURE COAST PLUMBING LLC 493.50 412149 08/05/2021 AMERIGAS PROPANE LP 519.15 412150 08/05/2021 BENEFIT EXPRESS SERVICES LLC 5,770.00 412151 08/05/2021 MULLINAX FORD OF VERO BEACH 68.45 412152 08/05/2021 MILTON MAYBERRY ENTERPRISES INC 951.00 70 TRANS NBR DATE VENDOR AMOUNT 412153 08/05/2021 WITT O'BRIEN'S LLC 1,059.25 412154 08/05/2021 LOWES COMPANIES INC 919.42 412155 08/05/2021 SOMMERS DEVELOPMENT GROUP LLC 15,382.01 412156 08/05/2021 HEDRICK BROTHERS CONSTRUCTION CO INC 6,209.00 412157 08/05/2021 HIGHER GROUND LAND SERVICES LLC 4,384.00 412158 08/05/2021 HIREQUEST LLC 1,111.60 412159 08/05/2021 KIM D MESSNER 4,500.00 412160 08/05/2021 FLORIDA RECREATION & PARK ASSOC INC 235.00 412161 08/05/2021 FLORIDA RECREATION & PARK ASSOC INC 275.00 412162 08/05/2021 FLORIDA RECREATION & PARK ASSOC INC 350.00 412163 08/05/2021 FLORIDA RECREATION & PARK ASSOC INC 500.00 412164 08/05/2021 RENAISSANCE ORLANDO RESORT 258.00 412165 08/05/2021 RENAISSANCE ORLANDO RESORT 318.00 412166 08/05/2021 CARIBE ROYALE HOTEL 149.00 412167 08/05/2021 CARIBE ROYALE HOTEL 298.00 412168 08/05/2021 CARIBE ROYALE HOTEL 447.00 412169 08/05/2021 CARIBE ROYALE HOTEL 596.00 412170 08/05/2021 FLORIDA SHORE & BEACH PRESERVATION 750.00 412171 08/05/2021 JOSEPH EARMAN 61.86 412172 08/05/2021 FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 412173 08/05/2021 INTERCONTINENTAL MIAMI HOTEL 540.00 412174 08/05/2021 AMERICAN HEART ASSOCIATION INC 295.00 412175 08/05/2021 JAMES MANN 26.12 412176 08/05/2021 I-4 PROPERTIES 110.00 412177 08/05/2021 DUANE HAMILTON 104.13 412178 08/05/2021 PORT CONSOLIDATED INC 2,835.11 412179 08/05/2021 GUARDIAN EQUIPMENT INC 1,190.00 412180 08/05/2021 SSES INC 1,568.57 412181 08/05/2021 RANGER CONSTRUCTION IND INC 438.00 412182 08/05/2021 VERO CHEMICAL DISTRIBUTORS INC 736.35 412183 08/05/2021 PERERS ENTERPRISES INC 6,858.66 412184 08/05/2021 RICOH USA INC 243.84 412185 08/05/2021 KIMLEY HORN & ASSOC INC 15,601.12 412186 08/05/2021 SAFETY PRODUCTS INC 255.00 412187 08/05/2021 DATA FLOW SYSTEMS INC 877.00 412188 08/05/2021 LINDEN-BEALS CORP 233.40 412189 08/05/2021 PARALEE COMPANY INC 600.00 412190 08/05/2021 GRAINGER 232.91 412191 08/05/2021 LFI FORT PIERCE INC 704.63 412192 08/05/2021 DELL MARKETING LP 1,320.00 412193 08/05/2021 BLAKESLEE SERVICES INC 777.30 412194 08/05/2021 UTILITY SERVICE CO INC 5,931.00 412195 08/05/2021 BAKER & TAYLOR INC 2,040.60 412196 08/05/2021 MIDWEST TAPE LLC 1,633.65 412197 08/05/2021 ODYSSEY MANUFACTURING CO 5,006.93 412198 08/05/2021 CENGAGE LEARNING INC 1,621.68 412199 08/05/2021 SOFTWARE HARDWARE INTEGRATION 138.46 412200 08/05/2021 THYSSENKRUPP ELEVATOR CORPORATION 594.00 412201 08/05/2021 COMMUNITY ASPHALT CORP 234.84 412202 08/05/2021 CITY OF VERO BEACH 55.00 412203 08/05/2021 CITY OF VERO BEACH 837.23 412204 08/05/2021 INDIAN RIVER ALL FAB INC 742.50 412205 08/05/2021 JANITORIAL DEPOT OF AMERICA INC 1,140.83 412206 08/05/2021 PUBLIX SUPERMARKETS 39.74 412207 08/05/2021 FLORIDA DEPT OF AGRICULTURE AND 100.00 412208 08/05/2021 ROGER CLEVELAND GOLF INC 10,743.62 412209 08/05/2021 ACUSHNET COMPANY 1,395.48 412210 08/05/2021 FAMOSO INC 191.63 412211 08/05/2021 MORGAN & EKLUND INC 100.00 412212 08/05/2021 CALLAWAY GOLF SALES COMPANY 130.54 71 TRANS NBR DATE VENDOR AMOUNT 412213 08/05/2021 FLORIDA POWER AND LIGHT 35,368.17 412214 08/05/2021 FLORIDA POWER AND LIGHT 28,533.56 412215 08/05/2021 TAYLOR MADE GOLF CO INC 1,397.35 412216 08/05/2021 BE SAFE SECURITY ALARMS INC 239.70 412217 08/05/2021 INTERNATIONAL ASSOCIATION OF 360.00 412218 08/05/2021 IRONSIDE PRESS 305.97 412219 08/05/2021 MICHAEL QUIGLEY 90.00 412220 08/05/2021 DOWN UNDER TANK TESTING OF FLORIDA INC 675.00 412221 08/05/2021 CINTAS CORPORATION NO 2 230.50 412222 08/05/2021 BRIDGESTONE GOLF INC 397.08 412223 08/05/2021 JACKS COMPLETE TREE SERVICE INC 1,000.00 412224 08/05/2021 BILL BRESSETT 160.00 412225 08/05/2021 CAROLE J MADIGAN 1,365.00 412226 08/05/2021 ORCHID ISLAND PROPERTY MGMT II INC 3,324.00 412227 08/05/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,822.72 412228 08/05/2021 JACE CHANDLER & ASSOCIATES INC 10,140.00 412229 08/05/2021 AFFORDABLE WATER & COFFEE SVC 65.00 412230 08/05/2021 WINSUPPLY OF VERO BEACH 165.56 412231 08/05/2021 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 412232 08/05/2021 OVERDRIVE INC 5,821.34 412233 08/05/2021 MOORE MOTORS INC 30.00 412234 08/05/2021 THOMAS C QUINA 600.00 412235 08/05/2021 REPROGRAPHIC SOLUTIONS INC 11.04 412236 08/05/2021 MKI SERVICES INC 23,500.00 412237 08/05/2021 GAUDET ASSOCIATES INC 1,230.50 412238 08/05/2021 ALEX MIKLO 125.00 412239 08/05/2021 BURNETT LIME CO INC 6,647.38 412240 08/05/2021 STRAIGHT OAK LLC 132.95 412241 08/05/2021 CHEMTRADE CHEMICALS CORPORTATION 2,981.96 412242 08/05/2021 BREVARD COUNTY BOCC 50.00 412243 08/05/2021 THE LAW OFFICES OF 1,267.00 412244 08/05/2021 HAWKINS INC 1,085.00 412245 08/05/2021 SHOWER TOWER INC 1,825.00 412246 08/05/2021 CATHEDRAL CORPORATION 1,035.21 412247 08/05/2021 PRG AMERICAS LLC 2,157.54 412248 08/05/2021 UNIFIRST CORPORATION 1,196.64 412249 08/05/2021 TRIPLE L IRRIGATION INC 2,957.00 412250 08/05/2021 ICON SUPPLY INC 7,535.40 412251 08/05/2021 COLE AUTO SUPPLY INC 309.13 412252 08/05/2021 BEST CHOICE PROFESSIONAL CLEANING LLC 5,900.00 412253 08/05/2021 RELX INC 410.00 412254 08/05/2021 NESTLE WATERS NORTH AMERICA 142.83 412255 08/05/2021 ENVIRONMENTAL OPERATING SOLUTION INC 8,085.00 412256 08/05/2021 CORE & MAIN LP 341.05 412257 08/05/2021 JOE PAYNE INC 14,951.04 412258 08/05/2021 TAYLOR ANNE HATTON 350.00 412259 08/05/2021 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIO 4,303.30 412260 08/05/2021 E-BUILDER INC 5,145.11 412261 08/05/2021 AMAZON CAPITAL SERVICES INC 1,987.98 412262 08/05/2021 PIRATE PEST CONTROL LLC 290.00 412263 08/05/2021 METROPOLITAN COMMUNICATION SERVICES INC 354.50 412264 08/05/2021 JOHN J DRISCOLL 175.00 412265 08/05/2021 DEANGELO BROTHERS LLC 2,031.00 412266 08/05/2021 PUMP SERVICE & IRRIGATION INC 526.60 412267 08/05/2021 KRONOS SAASHR INC 49.14 412268 08/05/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 378.08 412269 08/05/2021 MENESTRELLI ENTERTAINMENT LLC 375.00 412270 08/05/2021 BLUE GOOSE CONSTRUCTION LLC 3,668.98 412271 08/05/2021 STAPLES INC 478.25 412272 08/05/2021 LOWES COMPANIES INC 3,494.93 72 TRANS NBR DATE VENDOR AMOUNT 412273 08/05/2021 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 412274 08/05/2021 DEX IMAGING LLC 136.72 412275 08/05/2021 ROBERT A HUDSON 175.00 412276 08/05/2021 THEODORE SEMI 50.00 412277 08/05/2021 CARLON INC 384.00 412278 08/05/2021 BRITTON INDUSTRIES INC 1,500.94 412279 08/05/2021 RANDSTAD NORTH AMERICA INC 981.09 412280 08/05/2021 MARC H MASET 125.00 412281 08/05/2021 JOHN WAYNE WHEELER 175.00 412282 08/05/2021 TRP CONSTRUCTION GROUP LLC 19,556.73 412283 08/05/2021 AUAES INC 26,969.70 412284 08/05/2021 ANTHONY J HERNANDEZ 160.00 412285 08/05/2021 QUATRED LLC 809.00 Grand Total: 889,776.40 73 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901321 08/02/2021 GRACES LANDING LTD 10,874.00 901322 08/02/2021 BETTY DAVIS SCROGGS 772.00 901323 08/02/2021 CREATIVE CHOICE HOMES XVI LTD 12,485.00 901324 08/02/2021 DAVID YORK 577.00 901325 08/02/2021 ST FRANCIS MANOR OF VERO BEACH 1,298.00 901326 08/02/2021 TREASURE COAST HOMELESS SERVICES 2,525.00 901327 08/02/2021 FLORIDA POWER AND LIGHT 189.00 901328 08/02/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,210.00 901329 08/02/2021 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,334.00 901330 08/02/2021 THE PALMS AT VERO BEACH 17,110.00 901331 08/02/2021 DAVID CONDON 801.00 901332 08/02/2021 HILARY MCIVOR 466.00 901333 08/02/2021 PELICAN ISLES LP 8,318.00 901334 08/02/2021 SUNCOAST REALTY & RENTAL MGMT LLC 4,946.00 901335 08/02/2021 OAK RIVER PROPERTIES INC 309.00 901336 08/02/2021 ADINA GOLDMAN 737.00 901337 08/02/2021 INDIAN RIVER RDA LP 3,221.00 901338 08/02/2021 LAZY J LLC 1,421.00 901339 08/02/2021 JESSE LEWIS 768.00 901340 08/02/2021 SAID S MOOBARK 1,449.00 901341 08/02/2021 OSCEOLA COUNTY SECTION 8 896.08 901342 08/02/2021 ANTHONY ARROYO 683.00 901343 08/02/2021 YVONNE KOUTSOFIOS 19.00 901344 08/02/2021 BRIAN E GALLAGHER 595.00 901345 08/02/2021 SCOT WILKE 204.00 901346 08/02/2021 JOHN T STANLEY 1,060.00 901347 08/02/2021 WEDGEWOOD RENTALS LLC 1,902.00 901348 08/02/2021 MCLAUGHLIN PROPERTIES LLC 2,473.00 901349 08/02/2021 MYRIAM MELENDEZ 595.00 901350 08/02/2021 WATSON REALTY GROUP 2,370.00 901351 08/02/2021 SHER LLC 429.00 901352 08/02/2021 SUNQUEST APRTMENTS LLC 2,867.00 901353 08/02/2021 PJD HOLDINGS LLC 952.00 901354 08/02/2021 ORCHARD GROVE VENTURE LLC 14,560.00 901355 08/02/2021 SONRISE APARTMENT PROPERTIES LLC 2,922.00 901356 08/02/2021 SREIT LEXINGTON CLUB LLC 26,159.00 901357 08/02/2021 VERO BEACH LEASED HOUSING ASSOC III LLLP 12,804.00 901358 08/02/2021 B4 TC PROPERTIES LLC 1,017.00 901359 08/02/2021 STREIT RIVER PARK PLACE LLC 15,422.00 901360 08/02/2021 PEMBERLY PALMS HH LLC 25,421.00 901361 08/02/2021 PRODIGY RESIDENTIAL MANAGEMENT LLC 291.00 901362 08/02/2021 EZAS INVESTMENTS LLC 855.00 901363 08/05/2021 CANON FINANCIAL SERVICES INC 22.82 901364 08/05/2021 ORCHARD GROVE VENTURE LLC 143.00 901365 08/05/2021 STAPLES INC 2,067.84 Grand Total: 192,539.74 74 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018516 07/30/2021 NORTH SOUTH SUPPLY INC 787.99 1018517 07/30/2021 APPLE INDUSTRIAL SUPPLY CO 16.64 1018518 07/30/2021 IRRIGATION CONSULTANTS UNLIMITED INC 136.22 1018519 07/30/2021 WORLD INDUSTRIAL EQUIPMENT INC 421.37 1018520 07/30/2021 GROVE WELDERS INC 2,275.00 1018521 07/30/2021 CUMMINS INC 5,912.61 1018522 07/30/2021 SIMS CRANE & EQUIPMENT CO 2,675.00 1018523 07/30/2021 EFE INC 59.08 1018524 08/03/2021 AT&T CORP 11.83 1018525 08/03/2021 AT&T CORP 41.27 1018526 08/03/2021 OFFICE DEPOT INC 1,477.26 1018527 08/03/2021 COMCAST 381.45 1018528 08/03/2021 WASTE MANAGEMENT INC OF FLORIDA 580.52 1018529 08/05/2021 DEMCOINC 288.33 1018530 08/05/2021 MEEKS PLUMBING INC 4,200.00 1018531 08/05/2021 IRRIGATION CONSULTANTS UNLIMITED INC 210.26 1018532 08/05/2021 HILL MANUFACTURING CO INC 1,710.78 1018533 08/05/2021 COMMERCIAL ENERGY SPECIALISTS 302.87 1018534 08/05/2021 CUMMINS INC 1,465.06 1018535 08/05/2021 SPINNAKER VERO INC 75.00 1018536 08/05/2021 SIMS CRANE & EQUIPMENT CO 1,712.00 1018537 08/05/2021 HYDRA SERVICE (S) INC 1,957.25 1018538 08/05/2021 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1018539 08/05/2021 NEXAIR LLC 65.20 1018540 08/05/2021 EFE INC 74.09 1018541 08/05/2021 PACE ANALYTICAL SERVICES LLC 216.00 1018542 08/05/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 477.00 Grand Total: 27,630.08 75 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8802 07/30/2021 VEROTOWN LLC 151,929.66 8803 07/30/2021 CER SIGNATURE CLEANING LLC 18,788.00 8804 08/02/2021 INDIAN RIVER COUNTY SHERIFF 4,532,390.32 8805 08/02/2021 CLERK OF CIRCUIT COURT 103,407.83 8806 08/02/2021 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 107,874.34 8807 08/02/2021 TD BANK 11,712.24 8808 08/02/2021 AMERICAN FAMILY LIFE ASSURANCE CO 19,452.98 8809 08/03/2021 TIMOTHY ROSE CONTRACTING INC 264,375.85 8810 08/03/2021 INDIAN RIVER COUNTY SHERIFF 8,742.76 8811 08/03/2021 MUTUAL OF OMAHA 8,034.20 8812 08/03/2021 ALLSTATE 125.10 8813 08/05/2021 FL RETIREMENT SYSTEM 827,969.27 8814 08/05/2021 RX BENEFITS INC 270,895.70 8815 08/05/2021 HEALTH ADVOCATE SOLUTIONS INC 3,557.85 8816 08/05/2021 CHARD SNYDER & ASSOCIATES INC 92.00 Grand Total: 6,329,348.10 76 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court& Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: I Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 1, 2021 SUBJECT:, Indian River County Grant Contract Subrecipient Awards '& coMPT\ R0 . I N �3 �fR COUMYy As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Treasure Coast Homeless Services Council (TCHSC) is classified as a grant subrecipient. On January 29, 2021, the Board approved Housing and Urban Development (HUD) grant renewals in the amount of $1,055,508. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with the TCHSC that encompasses these newly approved grants. Recommendation: Approve the Indian River County Grant Contract Subrecipient Award agreement with the TCHSC and execute any related documents. At4achmanfQ- Indian River County Grant Contract Subrecipient Award with TCHSC with exhibits A -D 77 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this August 17, 2021 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Treasure Coast Homeless . Services Council, Inc. ("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960, 064340768, for Continuum of Care grants. Background Recitals A. The County received Continuum of Care grants see attached list — Exhibit A ("Award") from the Department of Housing and Urban Development (HUD) on January 29, 2021. B. The Awards are for homeless . rental assistance and homeless management information system (i.e., administration of the programs). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, are set forth in the attached list — Exhibit A. D. The Catalog of Federal Domestic Assistance ("CFDA') Number for the Awards, if applicable, is set forth in the attached list (CFDA) — Exhibit A. The total dollar amount made available under the Awards is $1,055,508. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants; however 7% has been agreed upon between the County and subrecipient. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient or Subrecipient's County -approved designee for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development. The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term. The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) set forth in the attached list ("Grant Period") - Exhibit A. The Grant Period and performance start date commences on the date set forth in the attached list — Exhibit A. Grant Funds and Payment. The approved Grants for the Grant Period is $1;055,508. The amount of federal funds obligated under this Contract by the County to the Subrecipient is $1,055,508. The total amount of the Awards committed to the Subrecipient by the County is $1,055,508. The total amount of federal funds obligated to. the Subrecipient by the County, including the current obligation is $1,055,508. The County agrees to reimburse the Subrecipient or Subrecipient's County approved designee from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200., Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Finance Department of the County within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of 79 the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. . Subrecipient shall provide, annually, to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the. insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to. obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply. with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 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 PUBLICRECORDSC(-IRCGOV.COM Indian River County of the County Attorney 180127 th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Director Office of Management and Budget Indian River County 1801 2714 Street Building A Vero Beach, FL 32960 Subrecipient: Louise Hubbard, Executive Vice President Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity_ Nothing herein shalt constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold. County Attorney SUBRECI NT: By: Agency Name: Treasure Coast Homeless Loui e. Hubbard,-Exe6utive Vice resident Services Councili Inc. RE I mN N N N N N N N N O N N N: N N N N N N O M M (`m M MMM M M G. aOMMCOWLOWNM 00000000 r r r r r r r r N O N N N N N N N N N 0 0 00 0 0 0 0 0 O 4 O n 0 0 0— 0 0 0 0 0 0 0 0 0 d w t6 p (0 3 Q O w O d• w N M O M W O "t O O 'ch O N d• M O c N OD "Zt M CC N r CC Ln 1n 7 N w In M M 0 N r` m to O—COMMW--NMw Er Cl) �- .- r O Q IV 69 64 69 64 60164 Efl Efl Hi 69 ti t• ti ti ti ti ti ti r a 0 0(D 0 0 0 0 0 0 p N N N N N N N N N u I ICO M M co r- - (0 00 0 p O 0- 0 0 0 O o 0 0 0 0 0 0 0 N N N N N N N N N 32-0 0 0 0 0 0 0 0 0 2= 2== 2 2 Z 2 QQ T -'T "t -'T -,*- V — J J J J J J-1 -1 J .... M It (O O W O O M O L M CO M r I;t d r- M M M V IT -a 0 0 0 0 0 0 0 0 0 y J J J J J J J J J Ly LL LL LL LL LL LL LL LL LL M 00 U U U U U U U z QQQ'Q Q � � U) CO � U) �5 F5 U5 FO F F Fn Q Q Q Q Q Q Q Q Q Q Q Q Q Q � F- F- F- WWWWWW W L)w w w 2 w w w a 2 w U c m Ewwwwwwwwwo . . . . . . . I C0 ca w Z Q Q Q Q Q Q Q Q Q Q y c L +• UUUUUUUUU� U `LL LL. LL LL LL LL LL LL LLQ O cL 00000000OLL 0 0 222222220 E cO 55D55DDDDJ > Q' 3 :r 5D55DS055Q EzzzZZZZZZ� c c •- '= y HHF-F-HHHF-F-E- Z Z Z Z Z Z Z Z Z 'o o 0000000000n m U 00000000000 M 00 EXHIBIT B INDIAN RIVER COUNTY, FLORIDA AGENDAITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 04 06 2021 Date: March 30, 2021 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Leigh Anne Uribe, Director County Human Services Subject: Annual HUD Grant Renewals for Continuum of Care (CoC) Programs BACKGROUND: The Federal Department of Housing and Urban Development (HUD) offers permanent, supportive housing to persons experiencing homelessness as well as services including health care and mental health counseling. On behalf of Indian River County, grant applications are submitted by Treasure Coast Homeless Services Council, Inc. (TCHSC) for funding of these services. Once awarded, TCHSC administers the grant funds for Continuum of Care (CoC) programs in cooperation with the Human Services Department of Indian River County and the State Health Department. Below is a list of nine grants awarded to Indian River County, which are renewing in 2021 GRANT NUMBER Project HUD FUNDING Performance Period FL0113L411092008 2019 CoC Wide TRA Renewal $112,260 09-01-2021 ends 08-31-2022 FL0114L411092013 2019 ALCOHOPE Renewal $88,848 04-01-2021 ends 03-31-2022 FL0116L4H092013 2019 HMIS Coordinated Entry $35,400 09-01-2021 ends 08-31-2022 FL0119L411092013 2019 New CHRONICS $338,304 07-01-2021 ends 06-30-2022 FL0338L411092007 2019 CoC TRA2 $88,848 09-01-2021 ends 08-31-2022 FL0360L411092111 2019 Indian River Chronics Renewal $116,292 06-01-2021 ends 05-31-2022 FL0380L411092006 2019 FAMILY RENTAL Assistance $112,128 09-01-2021 ends 08-31-2022 FL0418L411092008 2019 DATA QUALITY $27,840 01-01-2022 ends 12-31-2022 FL0440L411092009 2019 New Horizons TWO $135,588 04-01-2021 ends 03-31-2022 TOTAL AMOUNT: $1,055,508 Page Two Annual HUD Grant Renewals for Continuum of Care (CoC) Programs March 30, 2021 FUNDING: These grants require NO MATCHING FUNDS from the County and there are no changes from previous years in the method the funds are to be disbursed. RECOMMENDATION: Staff recommends the Board acknowledge the renewal of the nine grants currently awarded by HUD in the aggregate amount of $1,055,508. Staff .further request Board's acceptance of the grant agreements upon their arrival and authorize Chairman to execute each individual Continuum of Care Program Grant Agreement upon receipt and review by County Attorney as to form and legal sufficiency. ATTACHMENT: U.S. Department of Housing and Urban Development Notice of January 29, 2021 DISTRIBUTION: Louise Hubbard, Treasure Coast Homeless Services Council Elissa Nagy, Finance Director APPROVED AGENDA ITEM April 6, 2021 DR Grant Number (FAIN): FL0113L4H092008 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, F02202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule",), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the .Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $112,260, allocated between the projects listed below and, within those projects, between budget line items, as shown below. :i Project No. Grant Term Budget Period/Performance Total Amount Period FLOI 131-4H092008 12 months 09/01/2021-08/31/2022 $112,260 allocated between budget line items as follows: a. Continuum of Care planning activities $0 Leasing $0 b. Rental assistance $112,260 c. Supportive Services $0 d. Operating costs $0 e. Homeless Management Information System $0 f. Administrative costs $0 g. Relocation costs. $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium team rental assistance $0 87 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than. the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SEIP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of i -IUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing.below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: By signing below, .Recipients that are states and units of local government certify that .they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing.and Urban Development ;k - Lisa Hill, Director (Typed Name and Title) June 4, 2021 (Date) RECIPIENT # —,©ty} Indian River County Board of Couni i'ssi6rien (Name of Organization) of Authorized Official) Joseph E. flescher, Chairman (Typed Name and Title of Authorized Official) June 11, 2021 ( Date) Approved by SCC: April 6. 2021 ATTEST: Jeffrey R. Smith, 9erk of Court and Comptroller App By: WV" - 1 By: Deputy Clerk ?�' Approved as to fort and legal sufficien By: Dylan Reingold, County Attorney F -M INDIRECT COST RATE SCHEDULE Agency/DeptJMajor Function Indirect cost rate Direct Cost Base 'Ibis schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency:(including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied: For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total `Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost.base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements; see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 90 9N 14ro, s Grant Number (FAIN): FL0114L4H092013 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement (".this Agreement") is made by and between the United States .Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Gra_ nt Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ .Program Non-competitive Funding Notice, Notice CPD= 21-01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded. by this Agreement. HUD's total funding obligation for this grant, is $88,848, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 91 Project.No. Grant Term Budget Period/Performance- Total Amount Period PLO 14L4H092013 12 months 04/01/2021-03/31/2022- $88,848 allocated between budget line items as follows: a. Continuum of Care planning activities $0 Leasing $0' b. Rental assistance $98,848- c. Supportive Services $0 d. Operating costs $0 e. Homeless Management Information System $0 f. Administrative costs $0 g. Relocation costs $0 :HPC homelessness prevention activities: Housing relocation and stabilization services $0, Short-term and medium term rental assistance $0 92 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 93 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement.is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Lisa Hill, Director (Typed Name and Title) June 7 2021 _ (Date) RECIPIENT Indian River County Board of County Co (Name of Organization) . By: ( 'gn re of uthorized OM cia seph E. Flescher, Chairman (Typed. Name and Title of Authorized Official) June 23, 2021 (Date) Approved by BCC: April 6.2021_ ATTEST: Jeffrey R. Smith, Clerk.of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney By. Jason El Bro n County 94 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function Indirect cost rate Direct Cost Base .This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type, of direct cost base to which each included rate applies -(for example, Modified Total Direct Costs (MTDC)). Do not include. indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each. department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the 'Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first rowof the table. For nonprofit organizations that use the Multiple.Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the -grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix.IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 95 Grant Number (FAIN): FL0116L4H092013 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"). the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $35,400, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 96 Project No. Grant Term Budget Period/Performance Period FL0I 16L4H092013 12 months 09/01/2021-08/31/2022 allocated between budget line items as follows: a. Continuum of. Care planning activities Leasing b. Rental assistance c. Supportive Services d. Operating costs e. Homeless Management Information System f. Administrative costs g. Relocation costs HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium term rental assistance Total Amount $35,400 $0 $0 $0 $o $0 $35,400 $0 $0 97 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this.Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time,) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final oPerating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUT) with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all .projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipicnt notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, bencfit, or advantage of the Recipicnt hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: By signing below, Recipients that are states and units of local government certify that they are following acurrent. HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITI9D STATES OF AMERICA, Secretary of Housing and Urban Development By: Csi ate � - Lisa Hill, Director _ (Typed Name and Title) June 4, 2021 (Date) Joseph E. H lescher,-Chairman (Typed Name and Title of Authorized Official) June 11, 2021 (Date) Approved by BCC: April 6, 2021 ATTEST: Jeffrey R, Smith Clerk of Court and Comptroller 7, k - By: D putt' Clerk Approved as to form and legal sufficien By: DyIKRelngold, County Attomey Approved:. By: Jason . Br n, County Administrator M INDIRECT COST RATE SCHEDULE Agency/DeptJMajor Function Indirect cost rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the .Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de. minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be -used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more.about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 100 Grant Number (FAIN): FL0119L411092013 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban _Development :Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the -United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the ".Recipient"). This Agreement, the use.of"funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq.:(the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care. (CoQ Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the .Rule. Only the project (those projects) listed below are funded by -this Agreement. HUD's total funding obligation for this grant is. $338,304, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 101 Project No. Grant Term Budget Period/Performance Total Amount Period 'PLO 119L4H092013 12 months 07/01/2021-06/30/2022 $338,304 allocated between budget line items as follows: .a. Continuum of Care planning activities $0 Leasing $0 b. Rental assistance $338,304 C. Supportive Services $0 d. Operating costs $0 e. Homeless Management Information System $0 f. Administrative costs $0 g. Relocation costs $0 14PC homelessness prevention activities:. Housing relocation and stabilization services $0 Short-term and medium term rental assistance $0 102 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 103 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development (S Lisa Hill, Director (Typed Name and Title) June 7, 2021 (Date) RECIPIENT Board of (Name of Organization). Lo E. Flescher, Chairman (Typed. Name and Title of Authorized Official) June 23. 2021 . (Date) Approved by BCC: April 6, 2021_ �ppt�ltlS1 tt u = � Jn(.ER....... � ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold; County Attorney Jason 4. Brown, County -Administrator 104 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function Indirect cost rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation. Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method,: enter each major function of the organization for which a rate was developed andwill be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To .learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200; subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments): 105 A IA JP'0 Grant Number (FAIN): FL0338L411092007 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Commuiiky Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $88,848, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 106 Project No. Grant Term Budget Period/Performance Period FL0338L4H092007 12 months 09/01/2021-08/31/2022 allocated between budget line items as follows: a. Continuum of Care planning activities Leasing b. Rental'assistance c. Supportive Services d. Operating costs e. Homeless Management .Information System f. Administrative costs g. Relocation costs HPC .homelessness prevention activities:. Housingrelocation and stabilization services Short-term and medium term rental assistance Total. Amount $88,848 $0 $0 $88,848 $0 $0 $0 $0 $0 107 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 1.0 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 108 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Lisa. Hill, Director (Typed Name and Title) June 7, 2021 (Date) RECIPIENT ,.v°ratisnir;sS•. Indian River County Board of County Co wini 's1a6i (Name of Organization) By: t. (Si at re o Authorize icia seph E. Flescher, Chairman (Typed Name and Title of Authorized Official) June 23, 2021 (Date) Approved by BCC: April 6, 2021: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: 1q �f By: ,r C QJ By: eputy Clerk Jason q Brc n, County Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 109 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function Indirect cost rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each departmentlagency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple.Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;. Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 110 Grant Number (FAIN): FL0360L4H092011 Tai ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and -Urban Development Office of Community Planning and Development 400 West Bay Street Suitt 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoC) Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $116,292, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 111 Project No. Grant Term Budget Period/Performance Total Amount Period F 1.03601,41.1092011 12 months 06/01/2021-05/31/2022 $116,292 allocated between budget line items as follows: a. Continuum of Care planning activities $0 Leasing $0 b. Rental assistance $1,16,292 c. Supportive Services $0 d. Operating costs $0 e. Homeless Management Information System $0 f Administrative costs $0 g. Relocation costs $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium tern rental assistance $0 112 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award .imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(%) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, bencGt, or advantage of die Rmipicnt hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 113 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: F f C 4th jj (Sighat,,.., Lisa 'Hill, Director (Typed Name and Title) June -4,2021 (Date) RECIPIENT Indian River County Board of Counigz; tgmmiss'orfers� (Name of Organization_)IL By: 2 oo-o' (SW46uraf Authorized Official) s.%.. % ; I .•'�.`'s' Joseph E. Flescher,Chairrnan - (Typed Name and Title of Authorized Official) June 11, 2021 (Date) Approved by_BCC:_April 6,2021 ATTEST: Jeffrey R. Smi . Clerk of Court and Comptroller Approve By: % , By: Deputy Jerk- Jason . B ;own, County Administrator Approved as to form and legal suffiqena:.�= By: Dylan 114 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function indirect cost rate Direct Cost Base % This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de. minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost tate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate. was developed and will be used under the grant; the indirect cost rate applicable to that major function, and the type of direct cost base to which the. rate will be applied. To learn moreabout the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix.IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 115 Grant Number (FAIN): FL0380L4H092006 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Otlice of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento I-lomeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive Funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding. obligation for this grant is $112,128, allocated between the projects listed below and, within those projects, between budget line items, as shown below. ,. 116 Project No. Grant Term Budget Period/Performance Period 171-03801,4H092006. 12 months 09/01/2021-08/31/2022 allocated between budget line items as follows: a. Continuum of Care planning activities Leasing b. Rental assistance c. Supportive Services d. Operating costs e. Homeless Management Information System f. Administrative costs g. Relocation costs HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium term rental assistance Total Amount $112.128 $0 $0 117 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the stats date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date ofthe project's. budget period/performance period (or final operating year for SHP and S+C- grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to . HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all. projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 118 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing.and Urban Development B;: i- V----- (Si6afr Lisa Hill, Director (Typed Name and Title) June 4, 2021 (Date) RECIPIENT n am B� ' Indian River County Board of Cou%;�LomrrSiss).©lac (Name of Organiza 'on) By: (S' ture of Authorized Official) '= i Joseph E. Flescher,.Chairman (Typed .Name and Title of Authorized Official) June 11, 2021 (Date) Approved by BCC: Aprll 6. 2021 A EST: Jeffrey R. Smith, 9lerk.of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Approved: rA�� By: . f�' Jason E/Brqkvn, Coun ministrator L� 119 INDIRECT COST RATE SCHEDULE Agency/DeptJMajor Function Indirect cost rate o�Q Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which.the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minim is rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate.was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the. rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CER part 200, . subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). 120 Grant Number (FAIN): FL0418L4HO92008 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 west Bay street suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule'), as amended from time to time, and the Fiscal. Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive funding Notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $27,840, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 121 Project No. Grant Term Budget Period/Performance Period F L041.8L4H092008 12 months 01 /01/2022-12/31/202.2 allocated between budget line items as follows: a. Continuum of Care planning. activities Leasing b. Rental assistance c. Supportive Services d. Operating costs e. Homeless Management Information. System f. Administrative costs g. Relocation costs HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium term rental assistance Total Amount $27,840 122 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards. after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grants being renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect.until the earlier of 1) written agreement by the parties; 2) by HUD alone. acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the; Recipient hcrcunder may be assigned without prior written approval of HUD. The Agreement constitutes. the entire agreement between the parties and may be amended only in. writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 123 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development 4�,� (Si t ti Lisa Hill, Director (Typed Name and Title) Jurie 4, 2021 (Date) RECIPIENT ' Indian River County Board (Name of OrganizatiO4 -10 Authorized Official) Flescher: Chairman (Typed Name and Title of Authorized Official) June 11 2021 (Date) Approved by 8CC: Aprll 6. 2021 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approve By: � % ey: eputy Clerk T Jason Br wn, Countydministrator Approved as to form and legal sufficiency: By: Dyl eingold, County Attorney 124 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function Indirect cost rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the .Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each departmentlagency (including if the de minimis rate is used per 2 CFR §200.414), and the type of.direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will he applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix V11 to Part 200 (for state and local governments). 125 Grant Number (FAIN): FL044OL4HO92009 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"), the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time, and the Fiscal Year (FY) 2020 Continuum of Care (CoQ Program Non-competitive Funding notice, Notice CPD - 21 -01. Capitalized terms that are not defined in this Agreement shall have the meanings given in the Rule. Only the project (those projects) listed below are funded by this Agreement. HUD's total funding obligation for this grant is $135,588, allocated between the projects listed below and, within those projects, between budget line items, as shown below. 126 Project No. Grant Term Budget Period/Performance Period FL04401,41-1092009 12 months 04/01/2021-03/31/2022 allocated between budget line items as follows: a. Continuum of Care planning activities Leasing b. Rental assistance c. Supportive Services d. Operating costs e. Homeless Management Information System f. Administrative costs Total Amount $135,588 $0 $0 $135,588 $0 $0 $0 $0 $0 $0 $0 127 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the start date of the award budget period/performance period, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre -award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. The budget period/performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period/performance period (or final operating year for Supportive Housing Program (SHP) and Shelter Plus Care (S+C) grantsbeing renewed for the first time) under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant agreement being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period/performance period (or final operating year for SHP and S+C grants being renewed for the first time) under the grant that has been renewed. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period/performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: 128 By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: w (Si at�rr Lisa Hill, Director (Typed Name and Title) June 4,2021 (Date) Joseph E. I'lescher, Chairman (Typed. Name and Title of Authorized Official) June 11, 2021 (Date) Approved by BCC: April _6, 2021_ ATTEST: Jeffrey R. Smith, Perk of Court and Comptroller Approved: By: (Oh By: puty Perk Jason . Brd n, County dministrator Approved as to form and legal sufficiency: By: Dy ran Reingold, County Attorney 129 INDIRECT COST RATE SCHEDULE Agency/Dept./Major Function Indirect cost rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base. to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect -cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the, rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Pari 200 (for state and local governments). 130 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 15t may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end September 300' must be submitted on a timely basis. Each year, the Office of Management Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 131 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice. of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties_ agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions_ and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 132 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 1, 2021 SUBJECT: Subrecipient Award Contracts As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Senior Resource Association (SRA) is classified as a grant subrecipient. During fiscal year 2021, the Board was awarded grants and/or increases to existing grants. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with SRA that encompasses the newly approved grants and any modifications to existing grants. RECOMMENDATION Approve the Indian River County Grant Subrecipient Award agreement with the SRA and execute any related documents. 133 Indian River County Grant Contract Subrecipient Award This Grant Contract (Contract) entered into and effective this August 17, 2021, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 (County) and Senior Resource Association- SRA (Subrecipient), 694 14th Street, Vero Beach, FL, 32960,167981612, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received the award (Exhibit A) from. the Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) on the Award Date (Exhibit A). B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Catalog of Federal Domestic Assistance (CFDA) Number and Catalog of State Domestic Assistance (CFSA) Number for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $3,309,112. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money (Grant) for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein.contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (Exhibit B). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A (Grant Period). 134 Grant Funds and Payment: The approved Grant for the Grant Period is $3,309,112. (Exhibit A). The amount of federal funds obligated under this Contract by the County to the Subrecipient is $2,711,913 (Exhibit A). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 135 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements: Subrecipient shall, no later than October 30 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non - owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies:available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required 136 7.7 coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.8 Indemnification: The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.9 Public Records: The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 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 PUBLICRECORDSWRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 8. Termination: This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: 137 County: Kristin Daniels, Budget Director Indian River County 1801 271h Street Building A Vero Beach, FL,32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 141h Street Vero Beach, FL 32960 10.. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereiqn Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIE T: By: - Agency Name: Senior Resource Association Karen Deigl, President/CEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 138 EXHIBIT A Indian River County BOCC SRA Related Grants State Award ID # CSFA# Description/Grant Name Federal Award ID # CFDA# Amount Award Date Grant Period State Grants: FDOT Public Transportation Block Grant 407190-5-84-01 55.010 597,199 02/12/21 2/12/2021-6/30/2024 Total State Grants $ 597,199 Federal Grants: FTA Section 5311 Grant 407182-3-84-01 20.509 77,356 02/24/21 2/24/2021-6/30/2024 FTA Section 5339 Grant FL -2021-014 20.526 465,235 02/09/21 4/01/2021-3/30/2028 FTA Section 5307 Grant FL -2021-014 20.507 2,169,322 02/09/21 4/01/2021-3/30/2028 Total Federal Grants $ 2,711,913 Total of All Awards $ 3,309,112 139 EXHIBIT B STATE OF FLORIDADEPARTMENT of TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVEIQPMENT .GRANT AGREEMENT EXHIBITS occ02r20 EXHIBIT A Project Description and Responsibilities Q. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original JPA/PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimurn. 7) A copy of the most recent active CTC agreement . D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1. Required Performance Measure for Newspaper Publication of FOOT Procedure 725-030-.030 each year, as identified below: Passenger Trips Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/1-fours.Service is Available 140 17 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fort" 726-000.02 PUBLIC TRANSPORTATION sTRnTECIc DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 02120 Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table_ A-1 Required Performance Measure for Newspaper Publication of FOOT Procedure 725-030-030. were published each year after the Department written approval 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year 5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip.com 6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl,us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice Purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations. greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwaveovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed threeyears from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 141 18 of 25 i STATE OF FLORIDA DEPARTMENT or TRANSPORTATION ronn 725000.02 GIC PUBLIC TRANSPORTATION DEVELLOPMENT sOPMENT GRANT AGREEMENT EXHIBITS OGCOV20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fuad Type and Fiscal Year: .Financial Fund FLAIR State Object CSFA/ CSFAICFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $0 $0 Year Other Direct Costs $0 Number $0 $0 $0 407190-5-84-01 DPTO 088774 2021 751000 55.010 Public Transit Block Grant Funding $597,199 407190-5-84-01 LF 088774 1 2021 1 751000 1 55.010 Public Transit Block Grant Fundin $597,199 Total Financial Assistance $1;194,398 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget. Categories State Operations (Transit Only) " Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $597,199 $597,199 $0 $1,194,398 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 $0 Indirect Costs $0 $0 $0 Totals $597,199 $597199 $0 $1194,398 ' budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase), C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 142 19 of 25 go STATE OF FLORIDA DEPARTMENT OF IRANSPORTAI ION Form 126-000-02 PUB LIC TRANSPORTATIONSTRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OOCOV20 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 143 20 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Foml 726.000-02 PUBLIC TRANSPORTATION DESTRATEGIC �VELOPMEN'I' GRANT AGREEMENT EXHIBITS DOCQW20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS —TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department.and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation .costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall riot exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. 144 21 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fomi 125-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/facohline/cliapterl4.pdf. 10, Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: X Bus Transit System — In accordance with Section 341.061, F.S., and Rule 1.4-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safely and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014, Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable 11, Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs, 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into :three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; 145 22 of 26. STATE OF FLORIDA DEPARTRIENT OF TRANSPORTA(ION _ Form 725.009.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS O(;COV210 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- 146 23 of 25 r1*� I0`, STATE OF FLORIDA .DEPARTMEN'IOF TRANSPORTA'NON Form 725000-02 PUBLIC TRANSPORTATION ILIOEGiC DEVELOPPdENt GRANT AGREEMENT EXHIBITS 043C 02/20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being. claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of docurnentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using. State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1,017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address httpsWwww,ni floridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExr)endituies.pdf. 147 24 of 25 STATE OF FLORIDA, OF PAR WENT Or TRANSPORTATION - Fonn 125.000.02 PUBLIC TRANSPORTATION DEYEIOPARFLOP E NT - Ef�T GRANT AGREEMENT EXHIBITS occo2r2o EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— .Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 "Award Amount: $597,199 "The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: h�s�ps.fldfs.com/fsaa/searchCataloo.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: httRA://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: htt s:/p/apps.fldfs.com/fsaa/compliance.aspx 148 2.5 of 25 i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION - Fe -725.000.02 PUBLIC TRANSPORTATION sTRATEOic DEVELOPMENT GRANT AGREEMENT.EXHI BITS OOc02/20 EXHIBIT A Project Description and Responsibilities A. project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): providing 5311 funding for operating assistance to Indian River County BOC for its.non-urbanized area public transportation B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. .Regular service hours will.remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit C and Exhibit D of original JPA/PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum;. 7) A copy of the most recent active CTC agreement. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion.of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable. to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegranms• refreshments, banquets, catering, gifts/flouters, promotional items. 149 17 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVGIC ELOPMELOPM_ENT NIT GRANT AGREEMENT EXHIBITS Occe2170 F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period.. The expenditure detail, along with the progress. report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two.and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project: deliverables for the year have been met. 150 18 of 25 STATE OF FLORIDA DEPAR'Imr-m OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION sTRATEGIc DEVELOPMENT GRANT AGREEMENT EXHIBITS OOco2170 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object . CSFA! CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Finding Source Description Amount Number $77,356 Year Travel Number $0 $0 407182-3-84-01 DU 088774 2021 780000 20.509 Formula Grants for Rural Areas $77,356 407182-3-84-01 LF 088774 1 2021 1 780000 1 20.509 1 Formula Grants for Rural Areas_ $77,356 Total Financial Assistance $154,71.2 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) " � State I Local Federal Total Salaries _ $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0$77,356 $77,356 _ $1544 712 Travel $0_ $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0" $77,356 $77,356 $154,712 - budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required. by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 151 19 of 25 59 STATE OF FLORIDA DEPARTMENT OF "IRANSPOR1Al ION Form 72&00002 PUBLIC TRANSPORTATION STRATEGIC UEVEIUPMEN'T .GRANT AGREEMENT EXHIBITS OGc02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 152 20 of 25 STATE or FLORIDADEPARTMENTOr 1RANSPORTA11011 Potm 725-000.02 PUBLIC TRANSPORTATION s1 RATECIc DEVELOPMENT GRANT AGREEMENT EXHIBITS occ;D2170 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U-S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq_, as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq.. as amended, if this Agreement exceeds 153 21 of 25 STATE OF FLORIDA DFPAR I'MFNT of TRANSPORTATION ro,L,n 725.000.02 PUBLIC TRANSPORTATION srRATEOIc OEVELOPMEIJ't GRANT AGREEMENT EXHIBITS occowo $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended; including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order '12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247, 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon. and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 16 U.S.C. 874 for any agreement. exceeding $2,000,, 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code. the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F:S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F. S. 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area .in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. 154 22 of 2.5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Foml726-000.02 PUBLIC TRANSPORTATION STRArEGI DEVELOPMENT .GRANT AGREEMENT EXHIBITS OGcou20 This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- 155 23 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION srRATEGIDEVELOPMENTT GRANT AGREEMENT EXHIBITS OGCOV20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Conti -acts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being,. claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in. the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: — (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges-. Charges which may be of an internal nature (e.g., postage, copies: etc.) may, be reimbursed on a usage log which shows the units times the rate being charged. The rates trust be reasonable. (6) Indirect costs: if the contract specifies that indirect costs will be paid based on a specified rate, then (tie calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address his://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEXpenditUres.df. 156 24 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT' GRANT AGREEMENT EXHIBITS 00002x20 EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $77,356 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No 'The federal award amount may change with amendments —Research and Development as defined at 2 CFR §200.87 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards yDm.ecfr qoy FEDERAL. RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code littp_//uscode.house.gov/browse. xlitml Title 49 — Transportation, United States Code I tttp://uscodP.house qov/biowse.xhtml MAP -21 — Moving Ahead for Progress in the 21 `I Century, P.L. 112-141 www.dot.aov/map21 Federal Highway Administration — Florida Division www.fhwa.dot.go_v/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) v_+�ww. fsr�q_v AV25 ig DOT FTA U.S. Department of Transportation Federal Transit Administration Federal Award Identification Number (FAIN) Temporary Application Number Award Name Award Status Award Budget Number FL -2021-014-00 5630-2020-1 5307/5339 Capital Assistance; Sebastian -Vero Beach UZA; Indian River County; FL Active (Executed) 0 Period of Performance Start Date 4/1/2021 Original Period of.Performance End Date 3130/2028 Current Period of Performance End Date 3/30/2028 Revision n: 0 Pari 1: Recipient Information Name: Indian. River, County Of � Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 CountyA INDIAN RIVER COUNTY BOARD OF COUNTY 079208989 Agency y COMMISSIONERS Location Type Address City State Zip Headouarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 I Physical Address 1800 27TH ST BLDG B VERO BEACH FL :32960 Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Award Information 158 Title: 5307/5339 Capital Assistance; Sebastian -Vero Beach UZA; Indian nivel County, FL FAIN Award Status Award Type Date Created Last Updated Date From, TEAM? FL -2021-014-00 Active (Executed) Gant 1/14;2020 1/14/2020 No Award Executive Summary This 5307,5339 grant provides capital assistance for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach demand response service. Federal funds in this grant application are from FY 2020 Section 5307 (see Project #1) and FYs 2019 & 2020 Section 5339 (see Project #2). The total eligible cost is 52,534;50. The federal share is 52,634,557, consisting of $2,169.322 in Section 5307 funds and $465,235 in Section 5339 funds. Descriptions of the activities funded in this application are listed under each respective Project Description. The Florida Dept. of Transportation has authorized toll revenue credits in the amount of S658,639 in support of:this application in the three letters dated February 4, 2021 for Section 5307 and October 12, 2020 and October 13, 2020 for Section 5339. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https:Bwww.transit.dot.cov/regulations-and-guidance/civil-rights-ada/eligible-tvms-fist) to ensure each is listed as a certified --VM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in 04220.1 F (Third Pavy Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. In accordance with federal regulations, a public hearing was conducted on June 16, 2020 and advertised in advance. Copies of the FDOT TDC letters are attached (separate letters provided for FY 2020 Sec 5307, FY 2019 Sec 5339, and FY 2020 Sec 5339). Copies of the Florida Governor's Apportionment letters are attached (separate letters provided for FY 2020 Sec 5307, FY 2019 Sec 5339, and FY 2020 Sec 5339): The current FDOT STIP is attached. 5307 Capital Assistance is listed in FM# 407190-2: and 5339 Capital Assistance is listed in 445728-1. As required, 1% of the. award has been allocated to security -related projects (see ALI 11.42.09) A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Frequency of Milestone Progress Reports (MPR) Quarterly Frequency of Federal Financial Reports (FFR) Quarterly 159 Does this application include funds for research andlor development activitiesT This award does not include research and development activities. Pre -Award Authority This award is usinc Pre -Aware Authority. Does this application include suballocation funds? Recipient organization ;s suballocated these apportioned funds and can apply for and receive these funds directly. Will this Grant be. using Lapsing Funds? No. this Gant does not use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: NIA Requires. E.O. 12372 Review No. this aDDiication does not require E.O. 12372 Review, Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone Brian Freeman MPO Staff Director bfreeman@ircgov.com 772-226-1990 Robert Sachnin Community Planner robert.sachnin@doLgov 404 865-5606 Sherman Pelt General Engineer Tyrorie.Pelt@dot.gov 404-865-5479 Award Budget Control Totals Section of CFDA Funding Source Statute . Number Amount I 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 32.169.322 forward) 5339 — Buses and Bus Facilities f=ormula 5339_1 20526 $465,235 1 Local 30 i Local/In-Kind s0 State s0 State/In-Kind s0 Other Federal s0 Transportation Development Credit 5658,639 Adjustment s0 160 Gig ? otal Eliaible Cost 52,634.557 Award Budget Project Number Budget Item FTA Amount Non- Total FTA Eligible Quantity Amount Amount 113 - 11.42.06 SHOP 540,000.00 FL -2021- 00 BUS - x750,000.00 $0.00 $750,000.00 1 014-01-00 (113- STATION/STOPS/TERMINALS FL -20211- 11.42.07 ACQUIRE -ADP Al) S0.00 550,000.00 20 FL -202.1- CONSTRUCT- ONSTRUCT - 1 1.33.02 5750,000.00 $0.00 5750,000.00 It 014-01-00 014-01-00 BUS STATION 11.42 08 ACQUIRE - ADP SOFTWARE $150.000.00 $0.00 $150,000.00 114 - 014-0 i-00 ACQUIRE - FL -2021- 00 BUS: SUPPORT EQUIP AND S411,693.00 $0.00 $411.693.00 34 014-01-00 (114- FACILITIES $0.00 S21,693.00 7 X 014-01-00 A2) FL -2021= 00 FL -2021- ACQUIRE - 11.42.06 SHOP 540,000.00 $0.00 540,000.00 2 014-01-00 EQUIPMENT 014-0110 014-01-00 (117- (1 FL -20211- 11.42.07 ACQUIRE -ADP 550.000.00 S0.00 550,000.00 20 1014-01-00 HARDWARE FL -2021 1 FL -2021- 014-01-00 11.42 08 ACQUIRE - ADP SOFTWARE $150.000.00 $0.00 $150,000.00 0 014-0 i-00 ACQUIRE - MAINTENANCE j FL -2021- MOBILE 11.42.09 521,693.00 $0.00 S21,693.00 7 X 014-01-00 SURV/SECURITY FL -2021= 00 Bus Associated Transit $531.000.00 EQUIP 51 014-01-00 (119- FL -2021- ACQUIRE - A4) 11.42.11 SUPPORT $150,000.00 $0.00 $150,000.00 5 014-01-00 VEHICLES i 1.92.02 PURCHASE BUS $325.000.00 $0.00 $325.000.00 161 117- OTHER CAPITAL ITEMS (BUS) $476.629.00 $0.00 5476.629.00 0 014-0110 014-01-00 (117- (1 A3) FL -2021 11.7A.00 PREVENTIVE 5476,629.00 S0.00 $476,629.00 0 014-0 i-00 MAINTENANCE i i 9 - FL -2021= 00 Bus Associated Transit $531.000.00 $0.00 $531.000.00 51 014-01-00 (119- Improvements A4) FL -2021- i 1.92.02 PURCHASE BUS $325.000.00 $0.00 $325.000.00 21 014-011-00 SHELTERS FL -2021- 11.92.08 PURCHASE $206,00000 $0.00 $206,000.00 30 014-01-00 SIGNAGE FL -2021- 111 - BUS - ROLLING STOCK $465;235.00 $0.00 $465,235.00 1 014-02-00 00 161 {111- A5) FL -2021- BUY 0i4-02-00 11.12:03 R -PLACEMEN ,me5.23 ,.00 50.00 $435.235.00 1 30 -FT BUS Discretionary Allocations This application does not contain discretionary allocations. Sources of Federal Financial Assistance Proj Scop Sco Are Amens! Cumul PO ect UZA a pe Account a FP Descri ment ative ScopeName Num Num Num Cod Num Suff Class Na C ption Amoun Amoun ber ber a ber ix Code me t t FL FL- 2021 BUS - ROLLING i 11- 34- -014- STOCK 00 P.5 0169 02- (111) Al A2 A3 A4 Bus 120 Flon 2018.25.3 Form, - W5.23 $465,2 000 da 4.13c.200 Formul 5 35 a Alloc 00 Urbaniz I FL- 120 Flod 2019.25.9 FL- 2021 BUS - 113- 90- =014- STATION/S T OPS/T 00 Y110 01- ERMINALS (113) 00 0 00 FL- aaorrnul FL- 2021 BUS: SUPPORT 114- 90- -014- EQUIP AND 00 Y110 01- FACILITIES (114) 00 120 Flori 201925.9 FL- 411.69 $411.6 FL- 2021 00 117- 90- -014- OTHER CAPITAL 00 Y110 01- ITEMS(BUS) BUS) (117) 00 Grants FL- FL- 2021 Bus Associated 119- 90- -014- Transit 00 Y110 01- Improvements Flori 2019.25.9 00 00 76,62 5476,6 Al A2 A3 A4 Bus 120 Flon 2018.25.3 Form, - W5.23 $465,2 000 da 4.13c.200 Formul 5 35 a Alloc Part 3: Project Information Project Title. Sec 5307 Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2021-014-01-00 5530-2020-1-P1 6/8/2020 12/3112023 9/30/2021 162 Urbaniz 120 Flod 2019.25.9 ed Area 5750.00 $750,0 00 000 da 0.9 1.2 0 00 aaorrnul Grants Urbaniz 120 Flori 201925.9 ed Area 411.69 $411.6 000 da 0.91.2 00 Formui 3 93 a Grants Urbaniz ed Area 120 Flori 2019.25.9 00 Fomnul 76,62 5476,6 000 da 0.91.2 9 29 a Grants Urbaniz 120 Flori 2019.25.9 ed Area 5531._00 S531,0 000 da 0.91.2 00 ormmul 0 00 Grants Part 3: Project Information Project Title. Sec 5307 Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2021-014-01-00 5530-2020-1-P1 6/8/2020 12/3112023 9/30/2021 162 W Prosect Description This project consists of capital assistance using FY 2020 funds from the Section 5307 program. The federal share consists of $2,1669,322 in Sec 5307 funds: the nonfederal share consists of 5542.330 in toll revenue credits authorized by FDOT. Capital assistance will provide funding for transit hub and bus stop improvements, computer hardware and software. shop:equlpment, support vehicles, security equipment preventive maintenance, and bus wraps. All Inteliiaent-tansportation Systems (ITS) equipment/components are compatible with both Reaional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. The bus stop improvements include a small restroom facility to be constructed or the west side .of County Road 510 (aka 90th Avenue), just south of County Road 512 (aka Sebastian Blvd_). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Appiication Documents). Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123920 Sebastian—Vero Beach South—Florida Ridge, FL Congressional District information State District Representative Florida 8 Bill Posey Program Pian Information STINTIP Date: 9/30/2020 Description: STIP Page 5562 UPWP Date: N/A 163 MR Description: N/A Long Range Plan Date: N/A Description: N/A Project Control Totals Section of Funding Source Statute CFDA I Amount Number 5307 - Urbanized Area Formula Grants (2013. and 5307-2A. 20507 S2,159,322 forward) Local SO Local/In-Kind $0 State SO State/In-Kind 5a Other federal SO Transportation Development Credit 5542.330 Adjustment Sa Total Eligible Cost 52,169,322 Project Budget 164 Non- Total Project Budget Item A FTA Eligible Quantity Number A Amount Amount 113 - FL -2021- 00 BUS - 5750,000.00 50.00 5750;000.00 1 014-01-00 (113- STATION/STOPS/TERMINALS Al) FL -2021- 1 11.33.02 CONSTRUCT- 5750,000.00 S0.00 5750,000.00 1 014-01-00 BUS STATION 114 - 1QFL-2021- FL -2021 - 00 BUS: SUPPORT EQUIP AND $411,693.00 $0.00 $411;693.00 34 014-01-00 (114- FACILITIES A2) FL -2021- ACQUIRE - 11.42.05 SHOP 540,000.00 50.00 $40.000.00 2 014-0i-00 EQUIPMENT FL -2021- 11.42.07 ACQUIRE - ADP 550.000.00 $0.00 550,000.00 20 014-01-00 HARDWARE FL -2021- 11.42.08 ACQUIRE - HDP $150,000.00 $0.00 $150,000.00 0 014-01-00 SOFTWARE FL -2021- 11.42.09 ACQUIRE- MOBILE 521,693.00 $0.00 521,693.00 7 014-01-00 164 119 - FL -2021- 00 Bus Associated Transit S531.,000-00 $0.00 $531,000.00 51 014-01-00 (119- Improvements A4) FL -2021- 11.92.02 PURCHASE BUS $325,000.00 $0.00 5325,000.00 21 014-01-00 SHELTERS FL -2021- i 1.92.08 PURCHASE 5206;000.00 $0.00 5206,000.00 30 014-01-00 SIGNAGE Project Budget ,activity Line Items Budget Activity Line Item: 11.42.07 - ACQUIRE - ADP. HARDWARE Scope Name / Code Line Line Item Name Activity Quantity Item BUS: SUPPORT EQUIP ACQUIRE - ADP ACQUISITION OF BUS AND FACILITIES (114- 11-42.07 HARDWARE SUPPORT EQUIP/FACILITIES 20 QO) Extended Budget Description New ADP hardware includes computers, mobile tablets for vehicles, and network equipment (firewall, routes, and switches). If an equipment item is purchased with these funds which has a cost over $5,000, a budget revision will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity fine item? Yes.. 3rd Party Contractors will be used for this line item. Section of Funding Source Statute CFDA Number Amount ! i SURVISECURITY 20507 $50,000 forward) EQUIP Local SO - FL -2021 -ACQUIRE State 111 A21111 SUPPORT $150,000.00 $0.00 $150,000.00 a 014-0i-00 so VEHICLES 117 - FL -2021- 00 OTHER CAPITAL ITEMS (SUS) S476.629.00 S0.00 $476,629.00 0 014-0-1-00 (117- A3) FL -2021- PREVENTIVE 11.7.0.00 5478,629.00 50:00 5478.629.00 0 014-01-00 MAINTENANCE 119 - FL -2021- 00 Bus Associated Transit S531.,000-00 $0.00 $531,000.00 51 014-01-00 (119- Improvements A4) FL -2021- 11.92.02 PURCHASE BUS $325,000.00 $0.00 5325,000.00 21 014-01-00 SHELTERS FL -2021- i 1.92.08 PURCHASE 5206;000.00 $0.00 5206,000.00 30 014-01-00 SIGNAGE Project Budget ,activity Line Items Budget Activity Line Item: 11.42.07 - ACQUIRE - ADP. HARDWARE Scope Name / Code Line Line Item Name Activity Quantity Item BUS: SUPPORT EQUIP ACQUIRE - ADP ACQUISITION OF BUS AND FACILITIES (114- 11-42.07 HARDWARE SUPPORT EQUIP/FACILITIES 20 QO) Extended Budget Description New ADP hardware includes computers, mobile tablets for vehicles, and network equipment (firewall, routes, and switches). If an equipment item is purchased with these funds which has a cost over $5,000, a budget revision will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity fine item? Yes.. 3rd Party Contractors will be used for this line item. Section of Funding Source Statute CFDA Number Amount ! i 5307 - Urbanized Area Formula Gants (2013 and 6307-2A 20507 $50,000 forward) Local SO Local/In-Kind 50 State $0 State/In-KindState/In-Kind so 165 lex Other -Federal S0 Transportation Development Credit S112,500 Adjustment $0 Total Eligible Cost $50.000 Milestone Name Est. Completion Description 5307 - Urbanized Area Formula Grants (2013 and Date RFP/lFB Issued 6/3012021 Contact Award 9/30/202 ; Project Complete 6/30/2022 Budget Activity Line Item: 11.42.06 - ACQUIRE - SHOP EQUIPMENT Scope Name 1 Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE -SHOP ACQUISITION OF BUS AND FACILITIES (114- 11.42.06 EQUIPMENT SUPPORT EQUIP/FACILITIES 2 00) Extended Budget Description Shop equipment for vehicle maintenance, includina a forklift and a brake buddy. Approximate cost is $30,000 for forklift.and $5.000 for brake buddy. Useful life is 12 years for forklift and 15 years for brake buddy. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. - Section of Funding Source Statute CFDA. Number Amount 5307 - Urbanized Area Formula Grants (2013 and 5307-2A forward) 20507 S40,000 Local SO Local/In-Kind SO State SO Statelln-Kind SO Other Federal SO Transportation Development Credit $,10,000 Adjustment SO Total Eligible Cost X40.000 Milestone Name Est. Completion Description Date RFP/1FB Issued 12/3112020 166 W Contract Award 3/3112021 Project Complete 3/3112022 j Budget Activity Line Item: 11.42.€18 - ACQUIRE. - ADP SOFTWARE. Scope Name /Code Line 1`tem # Line Item Name Activity Quantify BUS- SUPPORT EQUIP ACQUIRE - ADP ACQUISITION OF BUS AND FACILITIES (114- 11.42.O8 SOFTWARE SUPPORT EQUIP/FACILITIES 0 00) Extended Budget Description ComDuter software for scheduiinc and dispatch, security cameras, and vehicle maintenance management. Useful life, as specified by the manufacturer, is 6 years. Exact quantity may vary. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount I Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2-A 20507 5,150,000 forward) Local 50 Local/In-Kind 50 State $0 State/In-Kind s0 Other Federal $0 Transportation Development Credit $37,500 Adjustment $0 Total Eligible Cost $150,000 ' Est. Completion Milestone Name Date Description L RFP/IFB Issued 12/31/2020 Contract Award 3/31/2021 Project Complete 3/31/2022 Budget Activity Line Item: 11.42.09 - ACQUIRE - MOBILE SURV/SECURITY EQUIP Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT ACQUISITION OF BUS EQUIP AND 11 .42.09 ACQUIRE -MOBILE SUPPORT 7 FACILITIES (1114-00) SURV,'SECURITY EQUIP EQUIP/FACILITIES 167 1 Extended Budget Description Security cameras and recording equipment for vehicles and the Main Transit Hub, includes equipment for new vehicles and replacing old equipment as needed. This ALI satisfies the required 1% of the award for security -related proiec}.s. if an equipment item is purchased with these funds which has a cost over $5.000. a budget revision. will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity fine item? Yes, 3rd Party Contractors will be used for tris line item. FSection of Funding Source Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $21,693 forward) 9/30/2021 Local $0 Local/in-Kind $0 State $0 State/In-Kind $0 Other Federal SO Transportation Deveiopment Credit $5,423 Adjustment $0 Total Eligible Cost $21;693 Milestone Name Est. Completion Description Date RFP/IFB Issued 9/30/2021 Contract Award 12/3112021 Project Complete 9/30/2022 Budget Activity Line Item: 11.42.11 - ACQUIRE - SUPPORT VEHICLES Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE - ACQUISITION OF SUS AND FACILITIES (114- 11.42.11 SUPPORT SUPPORT EQUIP/FACILITIES 5 00) VEHICLES Extended Budget Description Vehicles for maintenance and operations support activities, including 3 sedans/small SUVs and 2 pickup trucks. All vehicles will be purchased through a competitive procurement in compliance with F""j A Circular 4220. Approximate cost is $30,000 per vehicle. Useful life is 4 years or 100,000 miles. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. 168 Funding Source . Section of CFDA Amount Statute Number 10307 - Utbanized Area Formula Grants (2013 and 6307-2A 20607 3150,000 forward) Date i Local 30 Locallin-Kind SO State 30 Stateliri-Kind SO Omer Federal SO Transportation Development Credit S37.500 Adjustment So Total Eligible Cost 5150,000 j (Milestone Name Est. Completion Description j Date RFP/IFB Issued 12/3112020 Contract Award 3/31/2021 Project Complete 7/3112021 Budget Activity Line Item: 11.7A.00 - PREVENTIVE MAINTENANCE Scope, Name / Code Line Item Line Item Mame Activity Quantity OTHER CAPITAL ITEMS PREVENTIVE OTHER CAPITAL (BUS) (1 17-00) 11.7A.00 MAINTENANCE ITEMS (BUS) 0 Extended Budget Description Monthly service and repairs for all vehicles from 10/1/2019 to 9/3012020; includes replacement of fires and batteries, oil changes/lubes at regular service intervals. Most of the work is performed in-house, while some work is (e:g. transmissions) is contracted. A Force Account Plan is on -file for in-house labor. Indian River County does not anticipate the purchase of items over $5,000 in value at this time. Any items with value over $5,000 identified during the execution of the activities under. this ALI will be included after award (actual value and useful life). Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Statute Number 5307 Urbanized Area Formula Grants (2013 and 5307-2A forward) Local Local/in-Kind State 20507 Amount 3476.629 SO SO SO 169 State/In-Kind 50 Other Federal so E F Transportation Development Credit $115,151 Adjustment $0 Total Eligible Cost 5476,629 Milestone Name Est. Completion Description !!! Date f RFP/IFB Issued 10/112019 Contract Award 10/31/2019 Project Complete 9/30/2020 Budget Activity Line Item: 11.92.02 - PURCHASE BUS SHELTERS Scope Name / Code Line Item Line Item Name Activity Quantity Bus Associated Transit PURCHASE BUS Improvements (119-00) ` °.9 .02 SHELTERS ACQUISITION 21 Extended Budget Description Acouisition and construction of bus shelters for fixed -route service. Shelters to be fully ADA, compatible and constructed of steel frame with perforated steel and aluminum sides; and mounted on concrete pads. Useful life is 10 years. All shelters to be constructed within existing street right-of-way. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (20 i3 and 5307-2A 20507 $325,000 forward) Local $0. Local/In-Kind $0 State $0 State/in-Kind $0 Other Federal $0 Transportation Development Credit $81;250 Adjustment so Total Eligible Cost $325,000 Wilestone Name Est. Completion Description Date RFP/IFB Issued 12/311202 i 170 Contract Award 3131/2022 Droiect Complete 12/31/2023 Budget Activity Line Item: 11:92.08 - PURCHASE SIGNAGE Scope Name /Code Line Item� Line Item Name Activity Quantity Bus Associated Transit Improvements PURCHASE (119-00) 11.92.08 SIGNAGE ACQUISITION 30 Extended Budget Description Bus wraps for replacement vehicles. Cost is S5;000-7,000 per vehicle, depending on vehicle size. Useful life is 5 years. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractor will be used for this line item. Section of CFDA Funding Source Statute Number Amount. 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $205,000 forward) Date Local SO LocaVin-Kind so State 50 State/In-Kind SO Other Federal S0 Transportation Development Credit S51.500 Adjustment So Total Eligible Cost $206,000 Milestone Name Est. Completion Description Date RFP/IFB Issued 6/3012021 Contract Award 9/30/2021 Project Complete 1211-1/2022 Budget Activity Line Item: 11.33.02 - CONSTRUCT - BUS STATION Scope Name / Code Line Line Item Activity Quantity Item Name BUS - STATION/STOPSfTERMI NALS (1 13-00) Extended Budget Description 1 i ?� 02 CONSTRUCT - CONSTRUCTION OF BUS , BUS STATION STATIONS/TERMINALS 171 Construction Of bus. Station 1M,pnovernents. in conjunction with the programmed widening of County Rad 510. Improvements to include a restroom faciiity with covered shelter for passengers at the. North County Transit Hub. -The improvements will be located on the west side of CR 510 just north of Sebastian Rive- High School at 9001 90th Avenue (aka CP. 510). The improvements will be located on a stormwa"ter pond parcel to be dedicated to Indian River County by FDO T as part of the CR 510 widening 'project. The facility will be owned by Indian River County and operated and maintained by the County and the transit service contractor. Indian River County certi ie's an independent cost estimate will be prepared and available on file along with the corresponding cost/price analysis for the. scope of work of the project. Construction management of the project will be conducted in-house and the project oversight will be contracted out. The useful life for the restroom and covered passenger waiting area is 40 years. Will 3rd Party contractors be used to fulfill this activity line item? Yes. 3rd Party Contractors will be used for this line item. IFunding Source Section of Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 5750,000 forward) 12/31/2023 Local so Local/In-Kind so State so State/In-Kind so Other Federal s0 Transportation Development Credit S187 500 Adjustment so Total Eligible Cost $750,900 Milestone Name Est. Completion Description Date RFP/IFB Issued 12/31/2023 Contract Award 3/31/2024 Project Complete 9/30/2025 Project Environmental Findings Finding: Class ll(c) - Categorical Exclusions (C -List) j Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore cateooricaliv excluded from the reauirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description 172 rte, Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within, or adjacent to existing right-of-way, such as: the deployment of intelligent Transporiii* Systems and components: installation and improvement of safety and communications equipment, including hazard elimination and mitication: installation of passenger amenities and traffic signals: and retrofitting existing transportation vehicles. facilities or structures, or upgrading to current standards. Date Description Date Class 1..10 CE Approved j Finding: Class 11(c) - Categorical Exclusions (C -List) I Class Level Description Class 11(c) consists of projects called categorical exclusions (Cl --s) which are known not to leave either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not.require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a cateooncal exclusion. Date Description Date Class lic CE Approved Scope Name 1 Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - SHOP AND FACILITIES (114- 11.42.06 2 $40,000.00 $40,000.00 00) EQUIPMENT Finding: Class li(c)- Categorical Exclusions (C -List) Class Level Description Class li(c) consists. of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. 173. Line Line Item FTA Total Scope Name i Code Item Name Quantity Amount Eligible Number Cost BUS- ST ATIONISTOPSITERMINALS 1 1.33.02 CONSTRUCT - S750,000.00 5750,00000 BUS STATION (113-00) j Finding: Class 11(c) - Categorical Exclusions (C -List) I Class Level Description Class 11(c) consists of projects called categorical exclusions (Cl --s) which are known not to leave either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not.require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a cateooncal exclusion. Date Description Date Class lic CE Approved Scope Name 1 Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - SHOP AND FACILITIES (114- 11.42.06 2 $40,000.00 $40,000.00 00) EQUIPMENT Finding: Class li(c)- Categorical Exclusions (C -List) Class Level Description Class li(c) consists. of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. 173. + Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation. replacement, and maintenance of vehicles or equipment, within or accommodated by existing faciiities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing faciiities and with no substantiai off-site impacts: and vehicles, inciuding buses, rail cars, trolley cars, fent' boats and oeooie movers that can: be accommodated by existing facilities or by new facilities that qualify fora categorical exclusion. Date Description Date Class lic CE Approved Scope Name i Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - AD" AND FACILITIES (114- 1 1.42.08 SOFTWARE 0 $150=000.00 6150,000.00 00) Finding: Class li(c) -.Categorical Exclusions (C -List) Class Level Description Class I1(c) consists of projects called categorical exclusions (CES) which are knownnot to have either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date. Description Date i Class lic CE Approved Scope Name f Code Line Item Line Item Name Number Total Quantity Amount Eligible Cost BUS: SUPPORT ACQUIRE - MOBILE EQUIP AND 11.42.09 SURVISECURITY 7 621,693.00 S21,693.00 FACILITIES (It i4-00) EaUiP Finding: Class II(c) -. Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects called categorical exclusions (CEs) which are known not to have either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an 174 environmental assessment or an environmental Impact statement. Cass II(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition. installation, rehabilitation. replacement, and maintenance of vehi.cies or equipment, Within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class lic CE Approved Scope Name / Code Line Iters Line It Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - AND FACILITIES (114- 11.42.11 SUPPORT 5 $150,000.00 $150,000.00 00) VEHICLES C Finding: Class 11(c) - Categorical .Exclusions (C -List). Class Level Description Class 11(c) consists of projects called categorical exclusions (CEs) which are known not to have either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars; fent' boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description. Date Class IIc CE Approved Scope Name /Code . Line Item Line Item Name Quantity. FTA Total Eligible Number Amount Cost OTHER CAPITAL PREVENTIVE ITEMS (BUS) (117- 11.7A.00 MAINTENANCE 0 $476,629.00 $476,529.00 00) Finding: Class ll(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects called categorical exclusions (CEs) which are known.not to have, either individually or cumulatively, a significant environmental impact on the human or natural 175 0 environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class il(c) does not require documentation. Categorical Exclusion Description Type 09: Assembly or construction of faciiities that is consistent with existing land use and zoning requirements (including floodplain i regulations) and ?uses primarily land disturbed for transportation use, such as: buildings and associated structures, bus transfer stations or intermodal centers; busways and streetcar lines or other transit investments within areas of the right-of-way occupied by the physical footprint of the existing facility or otherwise maintained or used for transportation Operations: and parking facilities. Date Description Date Class lig CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible. Number Amount Cost Bus Associated Transit PURCHASE BUS Improvements (118-00) 11.92.02 SHELTERS 21 S325.000.00 $323,000.00 Finding. Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class Il(c) consists of projects called categorical exclusions (CEs) which are known not to have either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. Categorical Exclusion Description Type .07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a gunge in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Line Item FTA Total Eligible Scope Name t Code Number Lyne Item Name Quantity Amount Cost Bus Associated Transit 11 .92.08 PURCHASE 30 S206.000.00 S206.000.00 Improvements (115-00) SIGNAGE Finding. Class 11(c) - Categorical Exclusions :(C -List) Class Level Description Class 11(c) consists of projects called categorical exclusions (C—Es) which are known not to have either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an 176 M environmental assessment or an environmental impact statement. Class. li(C} does not require documentation. Categorical Exclusion Description Type 07:: Acquisition, installation, rehabilitation, replacement, and maintenance of veillCles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and witn no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a cateooncal exclusion. I Date Description Date 1 Class.11c CE Approved Scope Mame I Code Line Item Lone item game Quantity FTA Total Eligible. Number Amount Cost BUS: SUPPORT EQUIP RE . AND FACILITIES (114- i ACQUIRE - ADP 11.42.07 ACQUIRE 20 S50;000.00 550;000.00 00} Project Title: Sec 5339 Capital Assistance Project Number Temporary Project Number Date Created Start Hate End Date FL -2021-014-02-00 5830-2020-1-P2 6/30/2020 6/30/2023 , 6/30/2025 Project Description This project consists of capital assistance using FY 20 i 9 and 2020 funds from the Section 5339 program. The federal share consists of S465,235 in Section 5339 funds; the nonfederal share consists of 5i 16,309 in toll revenue credits authorized by FDO T . Capital assistance for vehicle replacement. All new buses and vans will be wheelchair -accessible using either ADA -compliant Lifts or ramps. ProjectBenefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description. Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach. Sebastian. Felismere, and Indian River Shores and the unincorporated communities of Gifford. Wabasso, and Oslo. Project Location (Urbanized Areas) 177 a UZA Cone Area Dame 1120000 Florida 123920 Sebastian—Vero;Beach-South= londa-,Ridge, F.L Congressional. District Information State District Representative Florida E Bill Posey. Program Plan Information STIPMP Date: 9/30/2020 Description: STIP Page 5564 U PMP Date: N/A Description: N/A Long Range Plan Date: NIA Description: N/A Project Control Totals Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $465,235 Local $0 Local/In-Kind $0 State $0 State/in-Kind $0 Other -Federal so Transportation Deveiooment Credit i 16,309 Adjustment so Total Eligible Cost $465,235 Project Budget ProjectNon- Total Number Budget Item Amount FTA Eligible Quantity Amount Amount FL -2021-014- 111- BUS - ROLLING STOCK $465,235.00 $0.00 W51,235:00 1 02-00 00 j 178 (.1:11- A5) FL-2021-014BUY 11.12.03 REPLAC=WENT 5465,235.00 $0.00 5465,235.00 1 G2-00 30 ;FT BUS Project Budget Activity Line Items Budget Activity Line Item: 11.12.03 - BUY REPLACEMENT 30 -FT BUS Scope Name / Code LLine Item Line Item Name Activity Quantity BUS - ROLLING 11 12 03 BUY REPLACEMENT BUY REPLACEMENTS - 1 STOCK (111-00) 30-Fi BUS CAPITAL BUS Extended Budget Description Funding is requested to repiace one medium -duty cutaway with a 30' heavy duty bus. The vehicle to be replaced is #228 (2013 Champion Defender, 257,851 miles; VIN 5WEXWSKKODH383661). Useful life for vehicle to be replaced is 7 years or 200.000 miles (FTA C 5010.1 E). Replacement vehicle will be heavy duty bus (10 ye.ar/350,000 mile useful life). Unit cost is approximately S4405,000 for the heavy duty bus (any additional funds Will be expended on other replacement vehicle purchases as specified in the system's vehicle replacement schedule). The replacement vehicle will be purchased from the state contract or the l=PTA consortium contract, of which Indian River County is a listed party. Both contracts comply with FTA C 4220.1 F. All new vehicles will comply with ADP, standards. All transit vehicles are owned by Indian River County. Operation and maintenance of the vehicle will be by Senior Resource Association_ as part of the transit service contract. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion . Fuei Type Vehicle Condition Vehicle Size (ft.) NIA NIA NIA, Funding Source Section of Statute CFDA Number Amount { 5339 — Buses and Bus Facilities Formula 6339-1 20526 5465,235 Local s0 Local/r-,-Kind so State 30 State/in-Kind 3G Other Federal so Transportation Development Credit $116,309 Adjustment 30 Total Eligible Cost 5465.235 179 I Milestone Dame Ilii Est. Completion Description { Date RFP/IFB Issue Date 6/30/2023 Contract Award Date 913072023 Initial Delivery Date 12/311202" Final Delivery -Date 6/3012025 Contract Completion 613012025 Date Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class li(c) consists of projects called categorical. exclusions (CEs) which are known not to have. either individually or cumulatively, a significant environmental impact on the human or natural environment and are terefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts: and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class:llc CE Approved Scope Name t Line Item Line Item Name Code Number BUS = ROLLING 11.12.03 BUY REPLACEMENT STOCK (111-00) 30 -FT BUS Part 4: Fleet details Fleet Type: Fixed Route Quantity FTA Total Eligible Amount Cost 1 $465,235.00 S465,235.00 Fleet Comments Fixed route system consists of 15 routes, each with one VOMS. All spare vehicles Have exceeded useful life minimum thresholds. Current Value 1. Active Fleet A. Peak Requirement 15 180 i. 'Spares :n C. Total (A+B) 21 D. Spare Ratio _(B/A) 4.0% II. inactive Fleet `B A. ,Other 22 B. Pendino Disposal 0 C. Total _(A+.B) 50 III. Total (I.0 and ILC) 21 Fleet Type: Paratransit Fleet Comments None provided. Part 5: FTA Review Comments Application Review Comments Comment By Robert Sachnin Comment Pre -Award Manaoer Returns Application Type Date 1111/9/2020 Comment Due to character limitations in TrAMS, comments have been attached in the application documents section. Comment By Robert Sachnin Typ men: Pre -Award Manager Returns Application Date 3/9/2021 181 Current Value 1. Active Fleet A. Peak Requirement 14 B. Spares `B C. Total (ASB) 22 D. Spare Ratio (B/A) 57.14% It. Inactive Fleet A. Other ;0 B. Pending Disposal 0 C. Total.(A;B) 0 Ill. Total (I.0 and II.C) 22 Part 5: FTA Review Comments Application Review Comments Comment By Robert Sachnin Comment Pre -Award Manaoer Returns Application Type Date 1111/9/2020 Comment Due to character limitations in TrAMS, comments have been attached in the application documents section. Comment By Robert Sachnin Typ men: Pre -Award Manager Returns Application Date 3/9/2021 181 Good Morning - please find comments below: General: i. Appiicatiori Title: please re -add the urbanized area (i.e. Sebastian -Vero Seam LIZA) 2. FY21 Cer'tifica'tions & Assurances (C&As): the attorney has not executed and PINd Comment the C&As in TrAMS. Please note that applications cannot be advanced past a certain point and awarded until the C&As are completed executed. Par 2 Application Infor, i ration: 1. Exedutive Summary: please note that 1 A NEPA class of action is also attached RE: the transit hub/restroom. 2. Proiect #1 Description: please note that FTA NEPA class of action is also attached RE: the transit hubtrestroom. Part 6: agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL. TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-2$, February 9, 2021) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Gant Agreement. I ii A has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement (i)' Federal Transit Administration Master Agreement," FTA MA(28), February 9, 2021, http://www.transjt.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE T ERiUt " 1 A AWARD" OR 'AWARD' IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD' ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW iTS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WiTHIN 90 DAYS FOLLOWING F—i A's AWARD DATE SE'i FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Gant as follows: Recipient Information Recipient Name: Indian River, County Of Recipient ID: 5530 182 19 DUNS No: 075208989 Award Information Federal Award Identification Number: FL -2021-014-00 Award Name: 5307/5339 Capital Assistance: Sebastian -Vero Beach UZA; Indian River County, FL Award Start Date: 4/11202/ Oriainal Award End Date: 3/3012028 Current Award Enid Date: 313012028 Award Executive Summarv: This 5307/5339 grant provides capital assistance for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach . demand: response service. Federal funds in this grant application are from FY 2020 Section 5307 (see Project #1) and FYs 2019 & 2020 Section 5339 (see Project #2). The total eligible cost is 82,634.557. The federal share is $2,034,557, consisting of 32,169,322 in Section 5307 funds and 5455;235 in Section 5339 funds. Descriptions of the activities funded in this application are listed under each respective Project Description. The Florida Dept. of Transportation :has authorized toll revenue credits in the amount of $558,639 in support of this application in the three letters dated February 4, 2021 for.Section 5307 and October 12, 2020 and October 13, 2020 for Section 5339. Indian River County wilt ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https://www.t,-ansit.dotgoviregulations-and-guidance/civil-rights-ada/eligible-toms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in 04220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment I,sL in accordance with federal regulations, a public hearing was conducted on June 15, 2020 and advertised i� � advance. Copies of the FDO T T DC letters are attached (separate letters provided for FY 2020 Sec 5307, FY 2019 Sec 5339, and FY 2020 Sec 5339). Copies of the Florida Governor's Apportionment letters are attached (separate letters provided for FY 2020 Sec 5307, FY 2019 Sec 5339. and FY 2020 Sec 5339). The current FDOT STIP is attached: 5307 Capital Assistance is listed in FM# 407190-2, and 5339 Capital Assistance is listed in 445728-1. As required, 1% of the award has. been allocated to security -related projects (see ALI 1 1.42.09 183 M A copy of the r tt A NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Research and Develooment: This award does not include research and deveiopment activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Fands:. Recipient orcanizaiion is suballocated these apportioned funds and can apply for and receive these funds directly. Pre -Award Authority: This award is using Pre -Award Authority. Award Budget Total Award Budoet: $2.634.557.00 Amount of Federal Assistance Oblioated for This FTA Action (in U.S. Dollars): $2,634,557.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 Total FTA Amount Awarded and Obiiaated (in U.S. Dollars): $2,634,557.00 Total Non -Federal Funds Committed to the Overall Award tin U.S. Dollars): $0.00 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items) :or as attached) Funding Source Section of CFDA 1 Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 52,169,322 forward) 5339 — Buses and Bus .Facilities Formula 5339-1 20526 $465,235 Local s0 Local/In-Kind 50 State $0 State/In-Kind s0 Other Federal $0 Transportation Development Credit $658.639 Adjustment s0 Total Eligible Cost $2;634.557 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: 184 Review Decision: DOL Concurs - Certified Original Certification Date: 3/29/2021 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: Yvette Taylor Regional Administrator FEDERAL, TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvet"te.taylor@dot.gov Award Date: 4/1/2021 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement; the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA.- (a) TA:(a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements o; this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Brian Freeman MPO Staff Director Indian River County Of 4/5!2021 185 [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In .the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed.below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per, Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." :i EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State .of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 187 8 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: July 30, 2021 SUBJECT: Approval of 2021/2022 State Funded Subgrant Agreement (TO 149) To Update Indian River County's Hazards Analysis The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $1,859.05. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee, performance-based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. Account Name I Account Number Amount General Fund/Emergency Management/Hazmat Grant 1 00120825-035290-06807 $1,859.05 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Original Contract for signature 2. IRC Grant Form 10 Agreement Number: T0149 STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the Terms and Conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. As required by section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the Agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the Agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the Terms and Conditions of the Agreement must be refunded to the Division. b. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's Terms and Conditions and 189 shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is: Donna Ray 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Work Phone: 850-815-4314 Email: Donna.Ray@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Name: Tad Stone Title: Director Address: 4225 43rd Avenue City, State, Zip: Vero Beach, FL 32967 Work Phone: 772-226-3947 Email: TSTONE@IRCGOV.COM d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the Terms and Conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION 190 Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (7) PERIOD OF AGREEMENT This Agreement shall begin July 1, 2021 and shall end on June 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a Fixed -Fee Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will pay the Recipient only for the successful completion of each deliverable. The maximum payment amount for each deliverable is outlined in Attachment A of this Agreement ("Budget"). The maximum payment amount for the entirety of this Agreement is $1,859.05. d. The Division will review any request for payment by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment G, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a Final Reconciliation Report. The Final Reconciliation Report must identify any funds paid in excess of the expenditures incurred by the Recipient. f. For the purposes of this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 191 g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (9) RECORDS a. As a condition of receiving State financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library- archives/records-management/general-records-schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three (3) basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to the board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. d. Florida's Public Records Law provides a right of access to the records of the State and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private 192 entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. e. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, and all other applicable laws and regulations. f. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. d. The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable 193 provisions noted above. The audits must be received by the Division no later than nine (9) months from the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: i. The Division of Emergency Management DEMSingle AuditP-em.mvflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) REPORTS a. The Recipient shall provide the Division with a Close -Out Report in accordance with Attachment G. This Report shall include the current status and progress by the Recipient and all Sub - Recipients and subcontractors in completing the work described in the Scope of Work, in addition to any other information requested by the Division. b. The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. c. If all required deliverables, reports, and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. d. The Recipient shall provide additional program updates or information that may be required by the Division. e. The Recipient shall provide additional reports and information identified in Attachment A. (12) MONITORING a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment G to this Agreement and reported in the Close -Out Report. 194 b. In addition to reviews of audits conducted in accordance with Paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a State agency or subdivision, as defined in section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. Any Recipient which is a State agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. 195 c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information. d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by Registered MaiITM or Certified Mail@, Return Receipt Requested, to the address in Paragraph (2) CONTACT herein. b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of a request for payment. d. Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible. f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (16) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. 196 b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the Notification of Termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable State and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the Close -Out Report the subcontractor's progress and completion of its tasks and work performance under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. (18) ATTACHMENTS a. All Attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments, the language of the Attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following Attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Statement of Assurances Attachment D — Justification of Advance Payment Attachment E — Warranties and Representations Attachment F — Certification Regarding Debarment Attachment G — Schedule of Deliverables 197 Attachment H — 302 Facility List Attachment I — Financial Invoice Form Attachment J — Hazards Analysis Guidance and Information will be forthcoming post hoc HA Agreement execution. Attachment K — Hazard Analysis Site Visit (SV) Certification Form Attachment L — Statement of Determination (SOD) Form Attachment M — Close -Out Reporting Form (19) PAYMENTS a. Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Attachment D. Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a fixed -fee basis as needed. b. Invoices shall be submitted in accordance with Attachment I and shall include the supporting documentation for the project or services. The Final Invoice shall be submitted within sixty (60) days after the expiration date of the Agreement. An explanation of any circumstances prohibiting the submittal of timely invoices per deliverable due date shall be submitted to the Division Grant Manager as referenced in Paragraph (11) REPORTS of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the State Chief Financial Officer or under Paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its Close Out Report within thirty (30) days of receiving notice from the Division. (20) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (21) MANDATED CONDITIONS 198 a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable Statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. This Agreement maybe executed in any number of counterparts, anyone of which maybe taken as an original. e. The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. Any Recipient which is not a local government or State agency, and which receives funds under this Agreement from the State government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal, State, or local department or agency. ii. Have not, within a five (5) year period preceding this Agreement been convicted of or had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public transaction; violation of Federal or State Antitrust Statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 199 iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offenses enumerated in Paragraph (21)(g)(ii) of this certification; and iv. Have not within a five (5) year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment F) for each intended subcontractor that Recipient plans to fund under this Agreement. The Form must be received by the Division before the Recipient enters into a contract with any subcontractor. h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Any bills for travel expenses shall be submitted in accordance with section 112.061, Florida Statutes. k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. m. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All meetings shall be publicly noticed, open to the public, and the minutes of all meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. 200 o. All expenditures of State financial assistance shall be in compliance with laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida, Statutes, requires that any State funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the State a security interest in the property at least to the amount of State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial Branch, or a State agency." b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence Legislation or any other official action by the Florida Legislature or any State agency. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. 201 b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. d. If the Recipient qualifies as a State University under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 202 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: Signature: Name and title: Joseph E. Flescher, Chairman Date: August 17, 2021 FEID# 59-6000674 Include a copy of the Delegation of Authority for the Signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Signature: Name and Title: Kevin Guthrie, as Director of the Division of Emergency Management, or Ashley Davis as Authorized Designee Date: 203 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance Title: Emergency Management Projects Catalog of State Financial Assistance Number: 31.067 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Florida Emergency Planning and Community Right -To -Know Act (Chapter 252, Part II, Florida Statutes) 2. CAMEO Data Manager Hazardous Analysis (HA) updates for critical planning data required under Emergency Planning and Community Right -to -Know Act (EPCRA) 3. U.S. Environmental Protection Agency's Technical Guidance for Hazards Analysis https://www.epa.gov/epera/technical-quidance-hazardous-analysis-emergency-planninq- extremely-hazardous-substances 4. E -Plan - Emergency Response Information System Tier 11 electronic Reporting online https://tier2.erplan.net/onIinefiling/filingLogin.htm NOTE: 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about State Projects included in Exhibit 1 be provided to the Recipient. 204 Attachment A Budget and Scope of Work 2021-2022 Hazards Analysis Grant Recipient: Indian River County Performance of Period: July 1, 2021 - June 30, 2022 Agreement Number: T0149 1. First Payment (40% of Agreement Amount) 25% Analysis (Deliverable 1) will be reviewed and must be approved before invoice is submitted. 2. Second Payment (40% of Agreement Amount) 25% Analysis (Deliverable 2) will be reviewed and must be approved before invoice is submitted. 3. Final Payment (20% of Agreement Amount) Final Payment will not be made without required transmittal verifications, and final approved CAMEO Data Manager zip file uploaded to the SharePoint folder. $743.62 $743.62 $371.81 TOTAL AMOUNT $1,859.05 205 Attachment A Budget and Scope of Work PURPOSE On October 17, 1986, Congress enacted the Emergency Planning and Community Right -to -Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA requires hazardous chemical emergency planning by Federal, State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of certain hazardous materials (HazMat). At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA. At the State level, the Florida Division of Emergency Management (FDEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for State and Federal hazardous materials (HazMat) programs. Additionally, the SERC conducts quarterly public meetings in varying locations throughout the State. Currently, SERC membership consists of 28 Governor appointed individuals who represent the interests of State and local government, emergency services, industry. and the environment. At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials (HazMat) awareness; (2) collects data on hazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to the SERC for review; (5) provides the public with hazardous materials information upon request. LEPC membership consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and transportation. At the local level, each of Florida's 67 Counties performs a Hazards Analysis (HA) (a county may elect to contract with the Regional Planning Committee (RPC) or qualified vendor). The Counties' Hazards Analysis (HA) data is included in the LEPC Emergency Response Plan (ERP) for Extremely Hazardous Substances (EHSs) required under EPCRA and encompasses; identification of facilities and transportation routes of Extremely Hazards Substances (EHS); description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The Recipient shall conduct Hazards Analyses (HA) on-site visits for 50% of the facilities listed in Attachment H which have reported to the SERC the presence of those specific Extremely Hazardous Substances (EHSs) designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity (TPQ). The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right -To -Know Act of 1986" and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part II. 206 REQUIREMENTS A. The Recipient shall submit a list of facilities within the geographical boundaries of the County or Counties listed on Attachment H that are suspected of not reporting to the State Emergency Response Commission (SERC) the presence of Extremely Hazardous Substances (EHSs) in quantities above the Threshold Planning Quantity (TPQ), as designated by the U. S. Environmental Protection Agency. B. The completed Hazards Analysis (HA) shall comply with the site-specific Hazards Analysis (HA) criteria outlined below for each facility listed in Attachment H. The primary guidance documents are Attachment J Hazards Analysis Guidance and Information (forthcoming), CAMEO Data Manager Help Files, and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at; https://www.epa.gov/epera/technical-quidance-hazardous-analysis- emergency-planning-extremely-hazardous-substances. All Hazards Analyses (HA) shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance, and approved by the Division. C. Consult the Tier II Report in E -Plan prior to any on-site visits or phone interview updates for all facilities to be updated. Compare the E -Plan Tier II Report with information in CAMEO Data Manger files. Discuss any discrepancies with Facility Representatives during the on-site visit or phone interview. D. Conduct an on-site visit (or phone interview) at each Attachment H facility to ensure accuracy of the Hazards Analysis (HA). Each applicable facility's Hazards Analysis (HA) information shall be entered using the new CAMEO Data Manager. CAMEO Data Manager software can be download from the U.S. Environmental Protection Agency's website at https://www.epa.gov/cameo/cameo- data-manager-software. E. Deliverables — See Attachment G Schedule of Deliverables. All Deliverables shall be submitted through SharePoint. When Notifications are sent, the Division must receive transmittal documentation. A final Division -approved CAMEO Data Manager zip file must be uploaded to SharePoint. REIMBURSEMENT CONDITIONS Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for successful completion of the deliverable task(s) required by this Agreement. However, the following limitations shall apply: First payment, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. Second payment, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. Third payment, the Division shall not reimburse the Recipient for an amount that exceeds 20% of the overall amount authorized by this Agreement unless the Recipient is submitting for multiple deliverables. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap for a particular payment. However, under no circumstances shall the cumulative reimbursement amount for payments one (1) and two (2) exceed 80% of the overall amount authorized by this Agreement unless all three (3) Deliverables have been met. 207 FINANCIAL CONSEQUENCES Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, may result in one of the following penalties. • A 20% reduction of the overall amount authorized by this Agreement and/or • Payment will be reduced by $110.00 per facility with incorrect or incomplete CAMEO Data Manager files Failure to submit deliverables within fifteen (15) days of their due date may result in the following penalty: Reduction of the deliverable payment amount to the Recipient by 50% for each thirty (30) day period following the aforementioned fifteen (15) day grace period. The first 50% reduction will thus take effect sixteen (16) days after the due date, and each subsequent 50% reduction will take effect thirty (30) days after the previous reduction. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task and/or complete a deliverable required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition 208 Attachment B Program Statutes and Regulations 1. Emergency Planning and Community Right -to -Know Act (EPCRA), Title III of the Superfund Amendments Reauthorization Act of 1986, 42 U.S.C. s. 1101, et seq. (SARA Title III). 2. Florida Emergency Planning and Community Right -to -Know Act, Chapter 252, Part II, Florida Statutes. 209 Attachment C Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal Statutes, and State of Florida laws, regulations, policies, guidelines and requirements, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule that govern the application, acceptance and use of State funds for this State -funded Agreement. The Applicant assures and certifies that: 1. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 3. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 4. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5. It will ensure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the deliverables are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Division of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for Grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 210 Attachment D JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below ❑ ADVANCE REQUESTED e,payment of $ is equested. Balance of its will be made on a reimburseme t basis. These funds are to pay staff, award benefits to clie ts, duplicate forms and We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY (List Applicable Cost Category) 2021-2022 Anticipated Budget Category Expenditures for Advance Payment Request TOTAL ANTICIPATED EXPENSES: $0.00 BUDGET CATEGORY & COST JUSTIFICATION: For each Budget Category and cost, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Agreement's Performance Period. Support documentation should include anticipated training, POls, planning project expenses, and administrative costs (as applicable) to provide the Division with reasonable and necessary justification for the advance request. Any advance funds not expended within the first ninety (90) days of the Agreement's execution shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days after the ninety (90) day timeframe expires, along with any interest earned on the advance. 211 Attachment G Schedule of Deliverables Deliverable Deliverables Due Date Price Financial # Consequences • Provide completed CAMEO Data Manager files for 25% of facilities listed in Attachment H, and upload into the FDEM designated SharePoint folder. • Provide a list identifying the names of facilities Subject to the submitted in the Deliverable. Identify the facility name, Financial SERC number, site visit date, SOD, and notes on 40% of Consequences 1 special circumstances when applicable. November 1, 2021 Contract Amount section of • Upload completed Attachment K Forms, and Attachment A, Attachment L Forms (when. applicable) to Salesforce. Budget and Scope • Upload Attachment I Financial Invoice Form to of Work. Salesforce and request payment following deliverable review and approval. This is not subject to the deliverable due date. • Provide completed CAMEO Data Manager files for 25% of facilities listed in Attachment H, and upload into the FDEM designated SharePoint folder. • Provide a list identifying the names of facilities submitted Subject to the in the Deliverable. Identify the facility name, SERC Financial number, site visit date, SOD, and notes on special 40% of Consequences 2 circumstances when applicable. March 1, 2022 Contract section of • Upload completed Attachment K Forms, and Attachment Amount Attachment A, L Forms (when applicable) to Salesforce. Budget and Scope • Upload Attachment I Financial Invoice Form to of Work. Salesforce and request payment following deliverable review and approval. This is not subject to the deliverable due date. • Provide completed Hazards Analysis (HA) (CAMEO Data Manager zip file) to the Local Emergency Planning Committee (LEPC) (if applicable) and provide FDEM Final Payment will with notification of transmittal. not be made • Notify first responders and Attachment H facilities of the 20% of without required 3 availability of HA information and provide the FDEM June 1, 2022 Contract transmittal Grant Manager with the notification of transmittal. Amount verifications, and • Upload the final "approved" CAMEO Data Manager zip final APPROVED file into SharePoint. Use naming convention (County zip file uploaded. name, Final HA,Year). • Upload Attachment I Financial Invoice Form to Salesforce and request payment following deliverable review and approval. This is not subject to the deliverable due date. 30 -Days Due 60 -Days 4 • Upload completed Attachment M Close -Out Report Following Following Form to Salesforce. Contract Contract Completion Completion 212 Attachment H 2021-22 SECTION 302 HA FACILITY LIST This is your Counties' entire Section 302 Extremely Hazardous Substances (EHSs) List obtained from E - Plan. Select 50% of the highest risk facilities to inspect this grant year. If you become aware or know of a chemical facility near a school, large residential apartment complex, or other high-risk areas, put that facility on your list to inspect. Try to select facilities that pose a greater risk based upon the chemicals present, the chemicals' amounts, previous releases, etc. This year's Section 302 EHS HA data was extracted from E -Plan in June 2021. If you know of facilities that you believe still have chemicals on-site from recent site visits or from other historical data you have on file that should be reporting, but are not on this list: • Contact the facility directly and ask them to report if possible. • Contact FDEM staff listed below so that the facility can be added to the Division's Potential Non -Filer List. • Sam. Brackett(a)-em.mvflorida.com • Robert.Dietrich@em.myflorida.com • Remember: Complete only 50% of your entire Section 302 EHS List this grant year. • Choose 25% of the Section 302 EHS facilities on this list for Deliverable 1 • Choose 25% of the Section 302 EHS facilities on this list for Deliverable 2 PLEASE REFER TO THE FACILITIES ATTACHMENT LIST BELOW WHICH SERVES AS THE BASIS FOR THIS ATTACHMENT. 213 C y r L C 0 E v ¢ 6 a u o a 4 x p \ - d = ° =s d « O n n y w E E n n a O « v u ¢ c v v d c E t a a �6 w� a v o a o m o d n E E EB� y \ W C C C 2_ V - Q LL \ LL C C l7 O a A y v od t7o U'� u o v c '"u o a pp d d a a c o m m N 0 o m m O �i x n y Nm o N t u v v a c a c m o d o o 9 5 U u u N N V V ¢ N I m m o in R m in `p c O V mo N p y rn Yi a N O n V •• o Yi n C n O n V .. of v1Oi n O n V •• O O O `ot0 o 2 O N 2 nv O N v 0 a 0 o 19 n ° m, `° 'o °° O- C° ; T 'o u� o m e N �° u 9 W E m n �0c w'2^ E< n w m o n N w r o E° 2 �i @i n O o^ v m Z. m v_ d C n F > d c a c FUdL c xLL .. mLLmn . w c .. v a 3 c �= o o �� L ti @J !� P: r o 5 a .. c v c E o o Y r �'' �F o m a c s am o. r> Z >' ai m Y o. F 3� L' z Z u a x c r' u o ai v E °. y = `o •. c a` c z r' z o `a w E w w Z .. c d a ,moo, a F F L C O a m y E c o a c- y E c o a n_` -IF E c a m- - O E L `o d m= - E c v E o v E c E o E c E° u o f zvw3 o f zvw3 o E v z.uwFN E E zuww N o E E zu.wwr W W zu i o E° zuw3 E° zuw3 o zuw3 U W J O O O O O O O O O 3 O c c c c c ` c c c c c m i Z 3 z ° z o F Z Q�Q W > H u 2 z ` IV m z ? r in \ s $ r O 2 $ m ¢ n t;_ $ O z m m O m z Z a m O S L a m _ m J Z .+ o E J 3 3 LL p W �" J g LL u o� J Ou o LL �gzi >LL < W a o M 3�e:LL Z VQ O u (-w,x u ua Z¢ ui=i w Qu W r vQ > p 4 u z t a ALL p q d a« t Wm Q m m H m l7 O ¢ V ' i I'm N 770 "ml d' �" y •A O O w W O znO w g w '�^ 7 n w O O w w 0 Z w Z n LL ul > N > n > o. .+ > �n n u. u�t > n > - ¢ .. > - ¢ n > w .o -i o e N ATTACHMENTI FINANCIAL INVOICE FORM 2021-2022 HAZARDS ANALYSIS GRANT AGREEMENT RECIPIENT: AGREEMENT #: ADDRESS: 14225 43rd Avenue Vero Beach FL 32967 PERIOD OF PERFORMANCE: FEIN #: DELIVERABLES & INVOICE AMOUNTS AMOUNT REQUESTED BY SUB -RECIPIENT AMOUNT APPROVED BY FDEM ## MINIMUM PERFORMANCE REQUIREMENTS BUDGET AMOUNT PER DELIVERABLE 1 No later than November 1, 2021, provide completed CAMEO Data Manager files for 25% of facilities listed in Attachment H. Hazards Analysis submissions are reviewed and must be approved before invoice is submitted. 4.0% of HA Agreement Amount 2 No later than March 1, 2022, provide completed CAMEO Data Manager files for 25% of facilities listed in Attachment H. Hazards Analysis submissions are reviewed and must be approved before invoice is submitted. 40% of HA Agreement Amount 3 No later than June 1, 2022, provide a complete correct copy of the "approved" CAMEO Data Manager file to the LEPC and FDEM with a copy of the transmittal letter. Upload the final "approved" CAMEO Data Manager zip file into SharePoint folder. 20% of HA Agreement Amount TOTAL AMOUNTS: $0.00 TO BE COMPLETED BY FDEM I certify to the best of my knowledge Terms and Conditions and belief the billed costs are in of the Hazards Analysis Agreement. accordance with the Signature ofAuthorized Oficial Date TOTAL HA GRANT AMOUNT: AMOUNT PREVIOUSLY AMOUNT PAYABLE THIS REMAINING BALANCE: GRANT PAID: INVOICE: MANAGER INITIALS: r Form 4/26/2021 215 ATTACHMENT K Hazards Analysis Site Visit (SV) Certification Form 2021-2022 Hazards Analysis Grant FLORID rligv51 m�u�L>n rya ka�v(W{ FACILITY NAME STREET ADDRESS, CITY & ZIP CODE COUNTY NAME OF FACILITY REPRESENTATIVE SERC ID # FACILITY REPRESENTATIVE SIGNATURE DATE SIGNED SITE VISIT PERFORMED BY SITE VISIT DATE The Individuals signing above certify that a Hazards Analysis Site Visit rias conducted on the date listed above.. If a telephone update was conducted instead of site visit, please check the box. NOTES Check if facility representative was informed about using E -Plan for EPCRA Tier II on-line filing. (https:Herplan.net/eplan/login.htm) 216 28 2021-12 HA AttachmentKllazardsAnalvsis Site Visit (SP) Certification Form 4/16,2021 ATTACHMENT L Statement of Determination (Check Only One) ❑ Exempt from Reporting for Filing Year ❑ Deregistration (Due to Chemicals Being Removed or Under Threshold for the Filing Year) (Facility Decommissioned) SITE INSPECTION DATE: FACILITY NAME: PHYSICAL ADDRESS, CITY & ZIP: LEPC: COUNTY: SERC # ❑ ExtremelyHazardous Substances EHSs WERE resent on-site during the current filing () p g g year, but only in DATE SECTIONS amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE: 302-303 ❑ EHSs WERE present on-site during the during the current filing year but ALL WERE REMOVED AS OF THIS DATE. NO EHSs WERE present on-site during the current filing year. ALL EHSs WEREREMOVEDAS OF THIS DATE.• ❑ Extremely Hazardous Substance(s) EHSs WERE present on-site during the current filing year, but only in DATE SECTIONS amounts below the established Threshold Planning Quantities (TPQ). ASOFTHISDATE.• ❑ . EHSs WERE present on-site during the during the current filing year but ALL WEREREMOVEDAS OFTHIS DATE: 311-312 ❑ NO EHSs WERE present on-site during the current filing year. ALL EHSs WERE REMOVED AS OF THIS DATE: ❑ Not within covered NAICS Codes. SECTION ❑ Within covered NAICS Codes, but less than ten (10) employees. 313 ❑ Within covered NAICS Codes, butNO Section 313 chemicals WERE present on-site during the current filing year. DATE ALL SECTION 313 CHEMICALS WERE REMOVED AS OF THIS DATE: ❑ Within covered NAICS Codes, and Section 13 chemicals WERE present on-site during the current filing year, DATE but only in amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE CLOSED FACILITY CHEMICALS REMOVED CHEMICALS BELOW ESTABLISHED TPQs FACILITY CLOSED/CHEMICALS REMOVED BY DATE: OTHER ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO NEW FACILITY DATE EHS(s) WERE ON-SITE: ❑ YES ❑ NO DATE EHS(s) EXCEEDED THE ESTABLISHED TPQ: Further Explanation if Necessary: Certification: (Read and Sign After Completing All Applicable Sections) I certify under penalty of law that I have personally examined and am familiar with the information submitted on this page, and that based on my inquiry ofthose individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. Printed Name of Owner/Operator OR Owner/Operator's Authorized Representative Signature Date Signed By signing this Form, I certify to the best of my knowledge and belief that the information reported is in accordance with the Terms and Conditions of the Hazards Analysis Agreement. Signature of LEPC Coordinator/County Official or Authorized Representative Date Signed 217 1011-22 HA Attachment L Statement of Determination (SOD) Farm 4/26/2021 ATTACHMENT M CLOSE-OUT REPORT FORM 2021-2022 HAZARDS ANALYSIS GRANT AGREEMENT This form should be completed and submitted to the Division no later than sixty (60) days after termination date of the Agreement. SUB=RECIPIENT: ADDRESS: 4225 43rd Avenue Vero Beach FL 32967 GRANT # AGREEMENT AMT: For Each Deliverable, Enter the Award Amount from Attachment A - Budget and Scope of Work. COST CATEGORY HA AGREEMENT DATE OR QUARTER TOTAL AMOUNT PAID DELIVERABLEAMOUNTS .COMPLETED PER DELIVERABLE Deliverable 1 Deliverable 2 Deliverable 3 Total Deliverables Total Paid for Amount: $1,859.05 Completed Deliverables: HA AGREEMENT AMOUNT: AMOUNT PREVIOUSLY PAID: UNUSED BALANCE: By signing this report, I certify to the best of my knowledge and belief that the report is true; complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the Terms and Conditions of the State -Funded Hazards Analysis Agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise as proscribed by law. Printed Name & Title Preparer Signature Date Signed Grant Manager Signature Date Signed 2021-22 HA Attachment M Close -Out Report Form 4/26/2021 GRANT NAME: HazMat Grant GRANT#T0149 AMOUNT OF GRANT: $ 1859.05 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3947 1. How long is the grant for? I year Starting Date: July 1, 2021 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% N/A 011.13 5. Grant match amount required $ N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A 012.12 8. Are you adding any additional positions utilizingthe grant funds? If list. (If additional space is neededplease attach a schedule.) Yes X No yes, please N/A N/A Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages PT N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: July 30, 2021 219 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year N/A N/A N/A N/A Fourth Year N/A N/A N/A N/A Fifth Year N/A N/A N/A N/A Signature of Preparer: Date: July 30, 2021 219 SCONS,?S-- CONS INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Rachel Ivey, EM Planner II . Department of Emergency Services/Emergency Management DATE: July 29, 2021 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement (EMPA) Agreement Number A0209 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2021-2024 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2021 through June 30, 2022. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. 220 The 2021/2022 EMPA is in the amount of $105,806 of which has been previously allocated for salary and benefits and public outreach. The County is permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. RECOMMENDATION: Staff recommends approval of the State Funded Subgrant Agreement A0209, associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Salary and Benefits $101,509.00 00123825-011120 Public Outreach $4,297.00 00123825-035290 Total 105,806.00 ATTACHMENTS: 1. Two (2) Original Copies of EMPA Agreement (A0209) 2. Indian River County Office of Budget and Management Grant Form 221 GRANT NAME: EMPA Grant GRANT#A0209 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3947 1. How long is the grant for? 1 year Starting Date: July 1, 2021 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% N/A 011.13 5. Grant match amount required $ N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A 012.12 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed; please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Re lar Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages PT N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matchin N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparers, Date: July 20, 2021 222 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year N/A N/A N/A N/A Fourth Year N/A N/A N/A N/A Fifth Year N/A N/A N/A N/A Signature of Preparers, Date: July 20, 2021 222 AGREEMENT NUMBER: AO2O9 STATE -FUNDED GRANT AGREEMENT EMERGENCY PREPARDNESS AND ASSISTANCE GRANT As defined by 27P-19.002(1), "Base Grant" means "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." As defined by 27P-19.002(3), "County Emergency Management Agency" means "one of the sixty-seven (67) emergency management agencies authorized, established and maintained by each county pursuant to Section 252.38, F.S." As defined by 27P-19.002(4), "Division" means "the Division of Emergency Management, Executive Office of the Governor." As defined by 27P-19.005(1) Base Grants Shall be awarded to a county for the use and benefit of the County Emergency Management Agency. As defined by 27P-19.005(2) Funds shall be allocated to implement and administer county emergency management programs including management and administration, training, and operations. All allocations shall be subject to any pertinent Legislative appropriations. Recipient's name: Recipient's unique entity identifier (DUNS): Award Date: Period of Performance Start and End Date: Amount of State Funds Obligated by this Agreement: Florida Accountability Contract Tracking System (see FACTS): Name of Awarding Agency: Contact information for the Awarding Agency: Catalog of State Financial Assistance (CSFA) Name: Catalog of State Financial Assistance (CSFA) Number: Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this agreement are as follows: Compliance Requirements Applicable to State Resources Awarded Pursuant to this agreement are as follows: Matching Resources for Federal Programs: INDIAN RIVER COUNTY 0792078989 July 1, 2021 July 1, 2021 — June 30, 2022 $105,806.00 Section 215.97, Florida Statutes of Florida Single Audit: note if the resources awarded to the recipient represent more than one State Project, provide the same information shown below for each State Project and show total. State Financial Assistance Awarded that is subject to section 215.97. Florida Statutes. Florida Division of Emergency Management Chanda Jenkins (850)815-4342 Emergency Management -Trust Fund 31.063 Federal Program: (1.) 2 C.F.R. 200 Uniform Administrative Requirements for Federal Grants State Program: (1.) Rule 27-P, Florida Administrative Code (2.) Section 215.97, Section 215.971, Section 252.371-373. and Florida Statutes (3.) Reference Guide for State Expenditures Federal Program: N/A 223 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and INDIAN RIVER COUNTY, (hereinafter referred to as the 'Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division AND Recipient agree to the following: (1) SCOPE OF WORK (a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES (a) As required by section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. (b) In -addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations, including those identified in the Scope of Work (Attachment A). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 224 (3) PERIOD OF AGREEMENT (a) This Agreement shall begin July 1, 2021, upon execution by both parties and shall end on June 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (12) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (4) FUNDING CONSIDERATION (a) This is a cost -reimbursement Agreement, subject to the availability of funds. (b) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. (c) The Division will reimburse the Recipient only for allowable costs incurred by the Recipient for the completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). The maximum reimbursement amount for the entirety of this Agreement is $105,806.00. (d) The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Scope of Work (Attachment A) and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Attachment C) which clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. (e) The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. (f) For the purposes of this Agreement, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any 225 payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (g) As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with section 112.061, Florida Statutes. The Recipient must submit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (5) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress. by the Recipient and all Recipients and subcontractors in completing the work described in the Scope of Work (Attachment A) and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in the Quarterly Reports (Attachment A (3)). (6) MONITORING (a) Recipient is responsible for and shall monitor its performance under this Agreement. Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. 226 (7) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims -of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. (8) AUDITS (a) In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." (b) When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government. auditing standards issued by the Comptroller General of the. United States, which are applicable to financial audits." (c) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (d) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (e) The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingle Audit(a)em.myflorida.com DEMSingle_Audit@em.myflorida.com OR 227 Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (9) LIABILITY (a) Unless Recipient is a state agency or subdivision, as defined in section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by section 768.28(19), Florida Statutes, any Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make, further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. 228 (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in Paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or 229 remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. (d) In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) PROCUREMENT (a) The Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(i), the Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. §200.318(b), the Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. 230 (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall .not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division. shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (12) above; and, ii. Refuse to reimburse the Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the 231 Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, ii. Refuse to reimburse the Recipient for any costs associated with that subcontract. (f) The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. §200.318(c)(1), the Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319, the Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not: i. qualify to do business; iii. affiliated companies; iv retainer contracts; v vi. offer an equivalent; Place unreasonable requirements on firms in order for them to Require unnecessary experience or excessive bonding; Use noncompetitive pricing practices between firms or between Execute noncompetitive contracts to consultants that are on Authorize, condone, or ignore organizational conflicts of interest; Specify only a brand name product without allowing vendors to vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, 232 ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. (k) The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.aov/procurement-disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-library-data/l569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf 2019 PDAT Contract Provisions Template available at https://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTem plate 9-30-19.pdf 233 .(14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 — Audit Requirements Exhibit 2 — Single Audits Exhibit 3 — 27P-19 Administrative Code — EM Director or Part -Time Coordinator Certification Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Program Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Statewide Mutual Aid Agreement Instructions Attachment F (1) — Statewide Mutual Aid Agreement List Attachment G — Response Capabilities Attachment H — Hurricane Retrofit Shelter Attachment I — Recovery Capabilities Attachment J — Reporting Forms 234 (15) NOTICE OF CONTACT (a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Chanda Jenkins Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 815-4342 Chanda.Jenkins@em.myflorida.com (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact N. Karla Brown Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 815-4342 Naytoyla.Brown@em.myflorida.com (d) The name and address of Representative of the Recipient responsible for the administration of this Agreement is: Name: Rachel Ivey Title: Emergency Management Planner II Address: 4225 43rd Avenue Vero Beach, Florida 32967-1671 Phone: (772) — 226-3941 Email: Rlvey@ircgov.com (16) PAYMENTS (a) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Justification of Advance Payment as Attachment B. Justification of Advance Payment (Attachment B) will specify the amount of advance payment needed and provide an explanation 235 of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (17) REPAYMENTS (a) All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with (thirty) 30 days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. 236 (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(f)(ii) of this certification; and iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (g) If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. (h) In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. 237 (i) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. (j) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (k) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political division granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (b) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (20) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN 238 CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. (d) If the Recipient qualifies as a state university under Florida law, then, pursuant to -section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION. (a) The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 239 (22) STATEMENT AND ASSURANCES (a) The Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS. (a) As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. (b) The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: hftp://dos.myflorida.com/library-archives/records- management/general-records-schedules/. (c) Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. 240 (d) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (e) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Attachment A(2) — Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other applicable laws and regulations. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITION (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. 241 (27) CONSTRUCTION and RENOVATION Construction and renovation projects for a local government's principal Emergency Operations Center (EOC) are allowable under the EMPA Program. The Division must provide written approval prior to the use of any EMPA Program funds for construction or renovation. Requests for EMPA Program funds for construction of an EOC must be accompanied by a justification to their EMPA Grant Manager for review and processing. The above examples are not intended to exclude other construction projects as potentially allowable costs. For example, construction of a facility for the storage of critical emergency supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, with advance written approval. (28) REAL PROPERTY Section 287.05805, Florida Statutes, Contract requirement for use of state funds to purchase or improve real property. Each state agency shall include in its standard contract document a requirement that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (29) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 242 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 243 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT STATE - FUNDED SUBAWARD AND GRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. RECIPIENT: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman Name and Title Date: August 17, 2021 59-6000674 Federal Identification Number 0792078989 DUNS Number A0209 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Division Director Date: 244 FY 2021 — 2022 EMPA AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by the Division to the Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Recipients may have related to the grant. Recipients will be monitored programmatically and financially by the Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Recipients will receive monitoring from Division per year. If an on-site visit cannot be arranged, the Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Recipients are demonstrating non-compliance. (a) The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in the Proposed Budget Detail Worksheet (Attachment A(2)) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment A(3)). (b) In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 245 AUDITS The Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within 30 days after the Division has notified the Recipient of such non-compliance. (a) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no.later than nine months from the end of the Recipient's fiscal year. (b) The Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi (d) The Recipient shall send any management letter issued by the auditor to the Division at the following address: 246 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, the Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are. September 30, December 31, March 31, and June 30. (c) The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment A (3)). 247 FY 2021 — 2022 EMPA AGREEMENT EXHIBIT 2 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Florida Division of Emergency Management (FDEM) at: DEMSingle Audit()em.myflorida.com. Recipient: INDIAN RIVER COUNTY FEIN: 59-6000674 Sub- Recipient's Fiscal Year: 2021 Contact Name: Contact's Phone: Contact's Email: , 1. Did Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and the Florida Division of Emergency Management? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and Division? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 248 FY 2021 — 2022 EMPA AGREEMENT EXHIBIT 3— 27-19 FLORIDA ADMINISTRATIVE CODE EM DIRECTOR OR PART — TIME COORDINATOR CERTIFICATION In accordance with the 2021-2022 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2021 and shall end on June 30, 2022, and to remain consistent with Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator, in their efforts to serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. Pursuant to Rule 27P-19.004, Florida Administrative Code, if the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inter jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either: An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, A full-time director. I, (Name) certify compliance with the aforementioned requirements for the 2021-2022 Emergency Management Preparedness and Assistance grant program. (Recipient) has employed an (EM Director or an EM Coordinator) pursuant to Section 252.38(3)(b), Florida Statutes. also certify that I am the official representative for (Recipient) and have authority to bind (Recipient) to this certification of compliance. Signed by: _ Printed Name: Title: Date: Phone/Email: 249 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT A — SCOPE OF WORK L GENERAL POLICY The intent of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide state funds to assist local grovernments in preparing for all hazards as authorized by section 252.373, Florida Statutes. EMPA shall be awarded to a county for the use and benefit of the County Emergency Management Agency. Funds shall be allocated to implement and administer county emergency management programs including management and administration. Recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration Consistent with Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." II. RECIPIENT RESPONSIBILITIES Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. Each Emergency Management staff person paid from the grant must work the number hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within: their jurisdiction. TASKS AND QUARTERLY DELIVERABLES The Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form 1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. Quarterly deliverables must be submitted to the FDEM Grants Management System. 250 TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF A. EMERGENCY MANAGEMENT STAFF. Each County Emergency Management Agency must annually certify on (Exhibit 3) their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with Rule 27P- 19.005(4) and (5), Florida Administrative Code. Pursuant to section 252.38(1)(c), Florida Statutes, the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inter jurisdictional emergency management agreement entered into pursuant to section 252.38(3)(b), Florida Statutes then the Recipient shall employ either: • An Emergency Management Coordinator who works at least twenty (20) hours a week in that capacity; or, • A full-time director In order to demonstrate successful completion of task 1 for quarter 1, the Recipient must submit the following items in the Division's SharePoint portal, Salesforce system and WEBEOC: DELIVERABLES: • The Division Exhibit 3, Certification letter for the full-time Emergency Management Director or part-time Coordinator, in accordance with Rule 27P-19.004, Florida Administrative Code each quarter; • The Division Form 4 — Staffing Detail and position descriptions for funded emergency management staff; • A Quarterly Report as outlined in Quarterly Reports (Attachment A(3)); and • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Submit — Updates Only Submit — Updates Only Submit — Updates Only 251 TASK 2: LOCAL BUDGET MATCH CERTIFICATION A. MATCH Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match EMPA grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding for the County Emergency Management Agency budget or the level of funding for the County Emergency Management Agency budget for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: "County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by section 252.38, Florida Statutes., shall not be included in determining the "level of county funding of the County Emergency Management Agency."' In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction. In order to demonstrate successful completion of task 2 for quarter 2, the Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES: • The Division Form 3 - Local Budget Match Certification; • A copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date. All requests for a budget match reduction shall be requested no later than 45 days after the county budget has been approved; • A copy of the local EM general revenue expenditure (general ledger) report. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A Deliverables Due Submit — Updates Only Submit — Updates Only TASK 3: RESPONSE CAPABILITIES A. STATEWIDE MUTUAL AID AGREEMENT (SMAA) Throughout the period of this Agreement, the Recipient must maintain a list of all signatories of the Statewide Mutual Aid Agreement (SMAA) and their contact information. Please note that the SMAA form was modified on February 26, 2018, and replaced the August 20, 2007, edition; however, any and all Agreements previously executed shall remain in full force and effect. Participating parties are encouraged to take the necessary steps to execute the most recent version. Instructions on how to obtain the latest version of the SMAA 2018 agreement is provided in Attachment F. 252 DELIVERABLES: • Each County must submit the current excel SMAA list (Attachment F (1)) for all entities (Cities, School Districts, Universities, Special Districts, Native American Tribes, etc.) in their Counties that have the latest SMAA 2018.agreement to the Mutual Aid Branch email: MutualAid cDem.myflorida.com due no later than September 30, 2021. In order to demonstrate successful completion of task 3 for quarter 1, the Recipient must submit the following items to the Mutual Aid Branch email: MutualAidaem.mvflorida.com: Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Submit — Updates Only Submit — Updates Only Submit — Updates Only B. SITE IDENTIFICATION DATA/LOCATIONS AND STATEWIDE EMERGENCY SHELTER PLAN (SESP) SHELTER INVENTORY AND RETROFIT Throughout the period of this Agreement, the Recipient must maintain current County Emergency Management Director and Alternate contacts and other contacts through the Division's SharePoint portal available at https://portal.floddadisaster.ora, to include, but not limited to County Director and Alternate contacts and State Mutual Aid Agreement contacts; The Recipient must maintain SharePoint site identification data including, but not limited to location and attribute information for fire stations, law enforcement, emergency medical services, emergency operations center(s) and call centers; The Recipient must maintain WEBEOC (CSAs) and County Points of Distribution (PODs), and; The Recipient must complete, and upload SESP Shelter Inventory and Retrofit information on the WEBEOC SESP Shelter Inventory board in accordance with Florida's statewide Hurricane Shelter Space Deficit Elimination program. In order to demonstrate successful completion of task 3 for quarter 3, the Recipient must submit the following items in the Division's SharePoint Portal and WEBEOC: DELIVERABLES: • Attachment G - The Recipient must maintain current county emergency management and other contacts through the Division's SharePoint portal available at https:Hportal.floridadisaster.orq to include County Director and Alternate contacts, State Mutual Aid Agreement contacts; • Attachment G - Maintain site data in SharePoint to include location and attribute information for all fire stations, law enforcement, emergency.medical services, emergency operations center(s) and call centers; • Attachment G - Maintain site data in WEBEOC to include location and attribute information for all pre -identified sites for County Staging Areas (CSAs) and County Points of Distribution (PODs); • Attachment H - Complete the SESP Shelter Inventory and Retrofit Items 1-8 on the WEBEOC SESP Shelter Inventory board no later than March 31, 2022. 253 Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A Deliverables Due Submit — Updates Only TASK 4: RECOVERY CAPABILITIES A. DISASTER RECOVERY CENTER LOCATIONS Throughout the period of this Agreement, the Recipient must maintain potential Disaster Recovery Center (DRC) locations and provide basic information in WEBEOC which identifies physical location, contact persons, site characteristics, interior, office characteristics, phone service, and sketches. In order to demonstrate successful completion of task 4 for quarter 4, the Recipient must submit the following items in WEBEOC: DELIVERABLES • Attachment I — Support of Recovery capabilities, identify potential Disaster Recovery Center (DRC) locations and provide basic information in WEBEOC. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A N/A Deliverables Due 254 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS 1. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 EMPA Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPA Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans For planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division and the Division's Natural Hazard Planning Manager must approve that plan. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following to the Division: • Copies of contracts or agreements prior to contracting with consultants or sub -contractors providing services; • Invoice:from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement); • Complete debarment form and/or Sam.gov for any contractors/consultants; • Proof of purchase methodology (e.g. quotes, sole source, state contract, competitive bid results); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to planning activities. B. OPERATIONAL EMPA Program funds may be used for all day-to-day preparedness activities in support of the four phases of emergency management (preparedness, response, recovery, and mitigation). Reimbursable personnel costs include salary, overtime, and backfill, compensatory time off, and associated fringe benefits. 255 Rules 27P-19.004 and 27P-19.0061, Florida Administrative Code., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Personnel Cost - Rules 27P-11.004, 27P-11.0061, Florida Administrative Code: Counties with populations of 75,000 or more must have a full-time emergency management director: Counties with populations of less than 75,000 or party to. an inter -jurisdictional emergency management agreement entered into pursuant to section 252.38(3)(b), Florida Statutes, that is recognized by the Governor by executive order or rule, are encouraged to have a full-time director. However, as a minimum, such a county must have an emergency management coordinator who works at least twenty (20) hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction.. Eligible "Operational Cost" items include, but are not limited to: • Salaries and Fringe Benefits ■ Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services ■ Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division.for review. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPA. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000 Operational Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Expense items need to have copies of invoices, receipts and cancelled checks, credit card 256 statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). C. EQUIPMENT Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency Management Performance Grant ("EMPG") Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs and can be located at https://www.fema.aov/authorized-equipment-list. If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. D. TRAINING EMPA Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training should foster the development of a community - oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. 257 The Recipient can successfully complete an authorized course either by attending or by conducting that course. In order to receive payment for successfully attending a training course, the Recipient must provide the Division with a certificate of completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting a course, the Recipient must provide the Division with the course sign -in sheet. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course. • In order to receive payment for successfully conducting a workshop, the recipient must provide the Division with workshop sign -in sheets and materials used for workshop. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the workshop. For training, the number of participants must be a minimum of fifteen (15) in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than fifteen (15) participants. When conducting a training that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training -related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor 258 Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond.the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or . on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetingsare compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 259 When a meal is included in a registration fee, the meal allowance must be deducted. from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 a , Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight -to -midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within fifty (50) miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. 260 • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPA activities: • Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Integrated Preparedness Program. (IPP) for the core capabilities needed to address its greatest risks. Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Contractors or Consultants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the local government. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND.from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. 261 Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, fuel, and disposable protective equipment). Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications. that facilitate full access for children and adults With disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise -Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); • Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per diem, hotel) related to exercise activities; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient must upload to the Division's SharePoint portal at: hftl)s:Hportal.floridadisaster.org an After Action Report (AAR) that includes the following: An Improvement Plan; and, A roster of participants. F. MANAGEMENT AND ADMINISTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPA Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. 262 Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." II. OTHER CRITICAL INFORMATION A. RULE 27P-19. FLORIDA ADMINISTRATIVE CODE Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient • Operates within a unique geography • Faces unique threats and hazards • Serves a unique population Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. B. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. 263 C. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. D. CONSTRUCTION and RENOVATION Construction and renovation projects for a local government's principal Emergency Operations Center (EOC), are allowable under the EMPA Program. The Division must provide written approval prior to the use of any EMPA Program funds for construction or renovation. Requests for EMPA Program funds for construction of an EOC must be accompanied by a justification to their EMPA Grant Manager for review and processing. The above examples are not intended to exclude other construction projects as potentially allowable costs. For example, construction of a -facility for the storage of critical emergency supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, with advance written approval. E. FINANCIAL CONSEQUENCES: If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following.steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not.in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 264 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment A). The "Proposed Program Budget Detail Worksheet" serves as.a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES RECIPIENT: INDIAN RIVER, COUNTY OF AGREEMENT: A-0209 1. PLANNING $ 2. ORGANIZATION $ 105,806.00 3. EQUIPMENT 4. TRAINING 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION 7. TOTAL AWARD 105,806.00 FY 2021-2022 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 1 $101,509.00 $101,509.00 Utilities (electric, water and sewage) 265 Service/Maintenance agreements Supplies/Materials 1 $4,297.00 $4,297.00 Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES .$105,806.00 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences 266 Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies. Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to 5% of total award Quantity Unit Cost Total Cost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURESj $105,806.00 REVISION DATE: 267 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July. 1 through September 30 November 15 October 1 through December 31 February 15 January 1 through March 31 May 15 Aril 1 through June 30 August 15 The Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Recipient must provide the Division with supporting documentation for the quarterly financial reports. The Division shall accept back up documentation by email if the County is not able to upload on Salesforce. B. The Quarterly Tasks form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. C. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budqet is approved or by November 15, 2021. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved. D. In a format provided by the Division, Form 4 — Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2021, or along with 1st quarter reimbursement submission, whichever occurs first. E. The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2022, or 60 days after completion of activities contained in this agreement, whichever occurs first. F. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms,, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future award. 268 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line -item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2021 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE -ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should. include but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE-BY-CASE BASIS* Signature of Recipient/Subcontractor's Authorized Official Date: Name and Title of Recipient/Subcontractor's Authorized Official 269 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address Project Number City, State, Zip Date 270 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition (2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performanceand eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipient's interest to do so. 271 Codes of Conduct Recipient warrants. the following: (1)s The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the.selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of.his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( 8:30am ) to ( 5:00pm ) Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 272 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally assisted project. Also, the Applicant assures and certifies that: 16. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions.Act of 1970 (P.L, 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 16. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. Seo.). 16. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 16. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will.ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a). requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) 51 273 by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply and assure the compliance of all its Recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 274 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT F STATE MUTUAL AID AGREEMENT INSTRUCTIONS STATEWIDE MUTUAL AID AGREEMENT (SMAA) INFORMATION SKEET htips://iviv,iv.tlo.ridadisaster.org/dem/response/logistics/ Signing the Agreement: A copy of the-SXWX with original signature. should be submitted. or two if You need one signed by FDEMd and returned for your records. Counties should sign PAGE 15 of the agreement: Cities should sign PACE 16:of the agreement. Educational Districts should sign PAGE 17 of the agreement. Community Colleges or Slate Universities should sign PAGE 18 of the agreement Special Districts should sign PACE 19.of the agreement. Authorities should sign PAGE 20 of the agreement. Native American Tribes should sign PAGE 21 of the agreement. Community Development.Districts should sign PAGE 22 of the agreement. REQUIRED Documentation to Accompariv the Agreement: Minutes Resolution from your governing board, which indicates the agreement was adopted or approved, A Certificate of Liability Insurance or Resolution of Self Insurance. A completed copy of Form C. PAGE 23 of the agreement. FDKM Contact Information: Mutual Aid Branch Director &. EM4AC Coordinator Bureau of Response, Logistics Section \viutuaWd@em.myilorida.com 0: (850) 8t5-4222 M: (850) 901-8456 Florida Division of Emergency M9anagemcnt 2555 Shumard Oak Blvd. Tallahassee,1 L 32:99-2100 275 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT F (1) STATE MUTUAL AID AGREEMENT LIST Note: This SMAA list (Attachment F (1)) will be distributed in excel format to all Sub -Recipients at the time of the Agreement. 276 coup v -,a m e Note: This SMAA list (Attachment F (1)) will be distributed in excel format to all Sub -Recipients at the time of the Agreement. 276 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT G RESPONSE CAPABILITIES Contacts - The Recipient shall maintain current county emergency management and other contacts through the Division's SharePoint portal available at https://portal.floridadisaster.ora. From the Portal main page, click "County Links",. then pulldown and select "Update County Contacts." This information includes the following but not limited to: • County Director and Alternate contacts • State Mutual Aid Agreement contacts • County Operations Section • County Logistics Section • County Planning Section WebEOC Site Identification - The Recipient shall upload current Site Data to WebEOC available at https://eoc.floridadisaster.org. WebEOC site Identification data includes: • Through the SERT County Emergency Sites Board via the State's WebEOC Instance or through your local instance if you are subscribed to this Board - location and attribute information of all pre -identified -- o County Staging Areas (CSAs) o County Points of Distribution (PODs) Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail, and mobile phone) Secondary Contact (name, e-mail, and mobile phone), does the location have a loading dock, can the location accept 53ft trailers, if so, how many? Site address shall be mapped by clicking on Map icon to verify address. The following Site Information is optional: • Picture attachment of Site. • Comments regarding access, transportation routes or any planning information. SITE SUGGESTIONS: County Staging Areas (CSAs) • Sites should be located adjacent to a major highway and have the ability to establish safe one- way traffic through the compound and reasonably secured. County Staging Areas must also be located in a region that can support countywide relief operations. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. County Point of Distribution (PODs) • PODs should not be nearby a business that has water and food for sale. • Counties should focus on placing PODS in outlying areas where these types of stores are not located in -order to ensure that resources are available in those areas. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. 277 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT H HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet is available on Web EOC for reference and is found on the board titled SESP Inventory. 1. Please review your County's page on the SESP Inventory WebEOC board. . a. Please review all the information and check your pet friendly shelter column for accuracy. b. If corrections are needed, please type them in the notes box, below, on the WebEOC page itself. If no changes are needed, please add the date reviewed in the notes box. (e.g. Reviewed 3/31/2022). 2. Please review the generator information on each of your SESP inventory shelters. Correct the information or complete it, as necessary. You do not need to include life safety items run by battery backup. 3. Do you know of any new public buildings planned or under construction? (If so, please list). 4. Are new public schools planned or under construction? Will any be EHPA? If not, do you anticipate providing a waiver? (If so, please list anticipated new schools and EHPA status and any opening dates if known). 5. Do you have any public schools or public buildings that you would like surveyed to add to your shelter inventory or to the Retrofit Report for potential funding? (If so, please list). 6. Do you have enough special needs space now and for the next 5 years? (If not, please comment here or upload your plan). 7. Do your special needs shelters have an alternate source for power? Will the power source also run cooling? (If not, please comment here or upload your plan). 8. How do you communicate and coordinate with your school boards, state colleges, universities and shelter partners? When was the last time you reviewed your shelter plan and policy with your shelter partners? 278 FY 2021 — 2022 EMPA AGREEMENT ATTACHMENT RECOVERY CAPABILITIES The following recommendations should be considered when identifying potential Disaster Recovery Center (DRC) locations: 1. Locations must be large enough for the needs of the situation (number of agencies and clients anticipated in the DRC). This may vary from a location identified as small as 1500 square feet for a small DRC to more than 5000 square feet for a large DRC. It is good to identify a variety of possible locations of different sizes within the county. The size of a DRC will vary dependent upon the number of anticipated applicants to be served within the community. DRC Size Chart Small: 1500-3499 sq. ft. Medium: 3500-4999 sq. ft Large: 5000 sq. ft -Above 2. Consider locations that do not require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take responsibility for the utilities or other payments to a facility. 3. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate parking. 4. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs. 5. Appropriate emergency fire & medical support should be quickly available to the location. 6. Preferably when a DRC is established, the first seven (7) days should be without interruption from prior commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand that a DRC may need to remain operational for a minimum of thirty (30) days or longer. 7. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if necessary. 8. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable, DRCs should be established on a public transportation route. The public should generally be familiar with the location and Custodial support should be available at the facility. 2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (601ong x 20'wide) with an unobstructed view of the south-western sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.g. special flood hazard area, Historical site, etc.) 279 DISASTER RECOVERY CENTER BASIC REQUIRMENTS PHYSICAL LOCATION: Name: Physical Address (no PO Box): Citv: GPS: LAT Directions/Landmarks: CONTACT PERSONS (POC): County: LONG State: Zip Facility Point Of Contact: Name Phone: Address: City: State: Zip: After hours POC Phone: Address: City: Name State: Zip: Alternative POC: Name Phone: Address: City: State: Zip: Emergency Management Director: Name Phone: Address: City: State: Zip: SITE CHARACTERISTICS: Date available: Begin: End: Lease required: Y ❑ N ❑ Cost $ Space available: sq. ft. Hours of use: Keys: DRC use parking spaces: ADA parking spaces: Total: Parking lot lights: Y❑ N ❑ Outside building lights: Y❑ N ❑ ADA accessibility: Exterior notes: Response Time: Police: Fire: Nearest hospital: Name Phone: Address: Distance: Time: Local crime summary: Local hazards summary: I:1 INTERIOR: # Rooms: Room Size: Room A x Room B —X—Room C —x— # Bathrooms: _ ADA Compliant: Y ❑ N ❑ Are doors secure? Y ❑ N ❑ Comment: Are windows secure? Y ❑ N ❑ Comment: Are Emergency lighting functional? Y ❑ N ❑ Exit lighting functional: Y❑ N ❑ Are Fire sprinkler system functional? Y ❑ N ❑ #Fire extinguishers: Water System: Y ❑ N ❑ City/County System: Y ❑ N ❑ Approved for drinking: Y ❑ N ❑ Air Conditioning: Y ❑ N ❑ Fans: Y ❑ N ❑ Adequate Ventilation: Y ❑ N ❑ Is electrical power to support computer and office equipment demanded? Y ❑ N ❑ Can inside re -wiring be accomplished easily and safely? Y ❑ N ❑ Is building interior in good shape (check for water leaks & visible hazards)? Y❑ N ❑ OFFICE CHARACTERISTICS: Internet access: Y ❑ N ❑ Wi-Fi: Y ❑ N ❑ # Fax: # Toner Cartridges: Flatbed Tabletop Copier: Y ❑ N ❑ Copy Paper Boxes # Toner Cartridges: High Speed Printer: Y ❑ N ❑ Shredder: Y ❑ N ❑ # Trash Cans: Is Janitorial & Trash pickup available? Y ❑ N ❑ # Tables: #Office chairs: # Folding chairs: Bathroom access: Y❑ N ❑ # Paper towels: # Toilet paper: # Paper cups: # Ext. cords: Comment: TELEPHONE AND/OR COMMUNICATION: FEMA cell phone signal? Y ❑ N ❑ Strength: Air Card? Y ❑ N ❑ Strength: Do phone lines already exist for DRC use? Y ❑ N ❑ How many? What is maximum phone line capacity? DSL: POTS: _ Phone service point in building: Phone service provider: Contact number: Phone number connected to DRC location (for tel/com reference): _ Switchboard: Y❑ N ❑ 281 Comments: SKETCHES: Draw location sketches: (1) Exterior: building, ADA parking & ramps, DRC, parking (2) Interior: building, rooms w/dimensions, location of outlets and telephone equipment. 282 FY 2021-2021 EMPA AGREEMENT ATTACHMENT J -REPORTING FORMS INSTRUCTIONS FLORIDA DIVISION OF EMERGENCY MANAGEMENT ' EMERGENCY MANAGEMENT PREAPAREDNESS AND ASSISTANCE GRANT PROGRAM 2021-2022 EMPA REPORTING FORMS 2021.2022 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: Dvision Form 1A -Quarterly Financial Report, Division Form 1B -Quarterly Tasks, Division Forms 2A & 2B Detail of Claims and Divsion Form 6 - Time and Effort (if applicable). 1. These forms are to be submitted to Division each quarter. 2. Complete Division Form 1A - Quarterly Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a naratNe in the box. Outlines of quarterly events, nor calendars will suffice for the required narrative. 3. Complete Division Forth 1 B - Quarterly Tasks to support that deliverables and tasks are being completed as required throughout the agreement, sign and date. 4. The Division Form 1A - Quarterly Financial Report forth must be signed by the grant manager or someone with equal authority. 5. The Division Forth 2A & 2B Detail of Claims forms must accompany the Division Forth to - Quartedy Financial Report each quarter. 6. Deliverables and Claims for reimbursement may be submitted via Salesforce or by email (if necessary) to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Division Grant Manager) 7• It is the responsibility of the Recipient to property notify the assigned Division Grant Manger when they upload required documentation to Salesforce or required platform. The Division is not responsible for delays to claim processing due to failure to notify the Division Grant Manager of document submissions via Salesforce. DIVISION Form 3 - Local Budget Match: 1. The Division Forth 3 - Local Budget Match must be submitted to the Division in Quarter 2 submission. 2. EMPA grants shall be matched at an amount equal to the average of the last three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. 3. Division Forth 3 - Local Budget Match Requirement shall be submitted to the Division when the local county budget is approved or by November 15, 2021. The County shall protide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date. if a Recipient's county's current local budget is lower then the previous year, or the average of the last three previous years, the recipient shall request a Waiver no later than 45 days after the county budget is approved. DIVISION Forth 4 - Staffing Detail: 1. List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution amount or % in each applicable column: local, slate. federal, etc. This forth is due no later than November 15, 2021 or along with 1st quarter reimbursement submission, whichever occurs first. Please provide the Division updates to this forth as necessary. 2. Along with Division Form 4 - Staffing Detail, please provide position descriptions for EMPA funded staff. 3. Along with the Division Form 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special pay to be claimed through the grant. DIVISION Form 5 - Close Out Report: 1. The Division Forth 5 - Close Out Report is due sixty (60) days after termination of this Agreement by August 30, 2022, or 60 days after completion of activities contained in this agreement, whichever occurs first. Before submitting the Division Forth 5 - Close Out Report, please verify that the local general revenue budget match amount as reported on Division Forth 3 - Local Budget Match, has not changed since originally reported to the Division. If a difference is found please immediately notify the Division in writing of the discrepancy and provide a detailed justification for the change accompanied bysupporting documentation. �2. The agreement cannot be considered closed until the Division Form 5 - Close Out Report has been received and approved by the Division. DIVISION Form 6 - Time and Attendance: �1. Provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Forth 6 - Time and Effort. The form must account for 100% of the hours claimed for reimbursement each quarter.0 Required documentation to support project expenditures: �1. Recipients shall maintain a grant/financial file with copies of supporting documentation for all paid project/program expenditures claimed during the grant pedod. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation includes copies of purchase orders and paid wuchers, paid invoices or cancelled checks, timesheets and payroll wuchers, journal transfers, credit card and bank statements, etc. These documents should be submitted when requestinq relmbursement.0 '2 All claims for reimbursement shall be submitted on the approved Division Quarterly Financial Reporting fortes. Claims not submitted on the proper forms or that are unsupported by proper documentation will not be processed and will be returned for additional support.[ 3. Please ensure that the documentation submitted for review is legible. '4. Please verify forth calculations for accuracy before submitting to the Division for review each quarter.0 61 283 FY 2021-2021 EMPA AGREEMENT ATTACHMENT J -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE - EMPA DIVISION FORM 1A - QUARTERLY FINANCIAL REPORT AGREEMENT IP CLAIM #: 1 AWARD AMOUNT: QUARTER P.1 1 RECIPIENT: REPORTING FORMS DUE DATES (45 DAYS AFTER QUARTER) COUNTY: f 1. July 1 - Sept 30, 2021 = November 15, 2021 2. October 1 - Dec. 31, 2021 = February 15, 2022 3. January 1 - March 31, 2022 = May 15, 2022 4. April 1 - June 30, 2022 = August 15, 2022 ADDRESS: 1 POINT OF CONTACT: PHONEIEMAIL:j 12302mail.com I EMPA ALLOCATION CATEGORIES BUDGETED Q1 CLAIM ALLOCATIONS CUMULATIVE Q2 CLAIM Q3 CLAIM Q4 CLAIM EXPENDED FUNDS REMAINING BALANCE 1. PLANNING $0.00 $0.00 $0.00 2. ORGANIZATION $0.00 $0.00 $0.00 3. EQUIPMENT $0.00 $0.00 $0.00 4. TRAINING 1 $0.00 1 1 1 1 r $0.00 $0.00 5. EXERCISE I $0.00 I I I T r $0.00 r $0.00 6. MANAGEMENT AND ADMIN. to 5% $0.00 1 1 E $0.00 $0.00 TOTAL r $0.00 r $0.00 r $0.00 r $0.00 r $0.00 r $0.00 r $0.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: By signing this report, I certify to the best of my knowledge and belief that the report Is true, complete, accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the conditions of the 2021-2022 EMPA agreement. SIGNATURE AUTHORIZED REPRESENTATIVE DATE QUARTERLY STATUS REPORT Please report EM activities, meetings, training, exercises, or other necessary information to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY DIVISION AWARD AMOUNT _ PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD DIVISION DATE RECEIVED STAMP 62 284 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 1B -QUARTERLY TASKS RECIPIENT: QUARTER: I July 1 -Sept 30 I FEMA Naliona Emergency Management Personnel NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Professional OR Emergency Development Mznagenent Series Basic Acade EM Employee Name & Position Title rr w ¢ � w w of ¢ ¢ Ix X 11 Ir a: w Of s act F- 'r a a a 0 a.a 0 0 a 0 0 a a 0 OF a a a 0 OF I t I 1 1 f 1 1 1 DELIVERABLES/TASK REQUIREMENTS ENTER DATE COMPLETED COMMENTS — QTR 1 QTR 2 QTR 3 QTR 4 Use for explanation that T1: Provide Division Exhibit 3, certification of a full-time — Emergency Management Director or part-time Coordinator. supports Training & Exercise (Qt, any updates Q2-04) progression. T1: Provide Division Forth 4 - Staffing Detail and position descriptions for funded emergency management staff. (Qt, any updates Q2-04) T1: Provide a quarterly report as outlined in Quarterly Reports (Attachment A(3)). (Qi -Q4) T1: Provide full-time Emergency Management Directors or part- time Coordinators certified timesheets or paystubs. (01-04) T2: Provide Division Form 3- Local Budget Match Requirement. (02, any updates 03-04) T2: Submit a copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date (Q2, any updates Q3-04) T2: Submit a copy of the local EM general revenue expenditure (general ledger) report (02, any updates 03-04) T3: Statewide Mutual Aid Agreement (Attachment F(1)) - Submit the current excel Statewide Mutual Aid Agreement (SMAA) list by September 30, 2021. (01, any updates 02-04) T3: Response Capabilities (Attachment G) - Maintain current county emergency management and other contacts through the Division's SharePoint Portal including County Director and . Alternate contacts. (Q3, any updates Q4) T3: Response Capabilities (Attachment G) - Maintain GIS site data in the Division's SharePoint Portal. (03, any updates Q4) T3: Response Capabilities (Attachment G) - Maintain site data in _ WEBEOC to include County Staging Areas (CSAs) and County Points of Distribution (PODS). (03, any updates Q4) T3: Response Capabilities (Attachment H) - Complete the SESP Shelter Inventory and Retrofit Items 1.8 on the WEBEOC SESP Shelter Inventory board no later than March 31, 2022. (Q3) T4: Recovery Capabilities (Attachment 0 - Identify any potential _ Disaster Recovery Center (DRC) locations and provide basic information in WEBEOC. 04 By signing this report, ) cert fy to the best ofmy knowledge and belief that the report is true, complete, accurate andthe expenditures, disbursements and cash receipts are for the purposes and objecWes set forth In the conditions of the 2021.2022 EM PA agreement . SIGNATURE: I AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: 1 I DAM.J1 i l 63 285 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT -EMPA DIVISION FORM 2A -DETAIL OF CLAIMS RECIPIENT: - INCURRED DATE RANGE:1 Example: Jury 1 through November 5, 2021 Please use separate Division Form 2A -Detail of Claims per allocation category. Please add additional pages or lines as needed for each allocation categ Please protide FEMAAEL numbers for EOUIPMENT expenditures only. Please provide a budget revislon along with this form, ifexpenses being claimed are not allocated on the most recently approved budget Please include the Costs Incurred Date Range in the applicable cell abow.This is usuallythe quarterly period; however, a recipient mayincorporate a larger date range to include a forgotten claim for reimbursement for a payment made the previous quarter (within the period of agreement). This allowance does not circumvent the four (4) requlred quarterly reporting forms submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE UST BELOW -'l f- - ---� -- - CATEGORY: ORGANIZATION I I I ) DATE OF PAYMENT DESCRIPTION OF SERVICE OR PAYMENTFOR REFERENCE PURCHASE Equipment FEMA AEL# # VENDOR EXPENSE SERVICE'OR (N/A if equipment was not EXPENSE (CHECK#, Poll, AMOUNT - purchased) (include full date). JT#, etcJ 1 Ex: Electric Company Monthly Utilities for July 2021 8/5/21 CK# 1001 $ 300.00 NIA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOTAL $ 300.00 Bysigning this report, I cerdry to the best of my knowfedge and belief that the report is true, complete, accurate and the eapenditures, d/sburaements and c.1-1 faareforthe purposes and ob/ectives set forth In the can dl#ons of Ne 1021.1011 EMPA agreement. SIG NATURE: AUTHORIZED REPRESENTATIVE _ PPoNTED NAME:. T(iLEa 1-7 DATE: 64 286 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 2B -DETAIL OF CLAIMS SALARIES AND BENEFITS COSTS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. RECIPIENT:_ Florida County CLAIM #: I I I I f DOES THIS CLAIM FOR REIMBURSMENT INCLUDE ANY INCENTIVES OR SPECIAL PAY? Note: If this claim includes Incentives or special pay, please provide the Division w ith the w ritten established policy for suppo I i I i I I I I %TI M E FRINGE EM EMPLOYEE NAME EM POSITION TITLE CHARGED TO SALARY BENEFITS EMPA 1 Ex: Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTALS $ 5 000.00 $ 1,200.00 TOTAL $ . 6,200.00 I I By signing thisreport, I certify to the best of my knowledge and belief that the report is true, complete, accurate and the a.Venditures disbursements and cash receipts are for the purposes and objectivesset forth in the conditions of the 2021-2022 EM PA agreement. SIGNATURE AUTHORIZED REPRESENTATIVE PRINTED NAME TITLE:I DATEI I 65 287 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA LOCAL BUDGET MATCH REQUIREMENT DIVISION -FORM _3-- LOCAL BUDGET MATCH_-___i�.___.�� 2021-2022 2020-2021 2019-2020 2018-2019 LOWEST LOCAL LOCAL LOCAL LOCAL AVERAGE (PREVIOUS 3 YEARS) gVERAGE VERAGE9V5 PREYEAR % 2020-2021 VS AVERAGE $CHANGE 2020-2021 V9 AVERAGE $CHANGE 2020.2021 VS 2019.2020 (10/1121- (1011/20- (tonna (10/1/18- RECIPIENT 9/30/22) 9130/21) 9/30/20 9/10/19 Florida County $100,000 $95,000 $90,000 $85,000 $90,000 AVERAGE 10% $10,000 $5,000 This form is to be completed and sent when the Local County Budget is approved or by the end of the first quarter. Required with this forth the recipient shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the approved buget date. If the Recipient's county's current budget is lower than the last year or the average of the last three previous years, the county is required to request a waiver from the Division no later than forty-five (45) days after the county budget is approved. RULE 27P-1% FLORIDA ADMINISTRATIVE CODE (1) Base Grants shall be matched at an amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the "level of county funding of the County Emergency Management Agency.' Each county shall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding. (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre-reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved or by the first quarter by the noveminq body of the 'urisdiction or the opportunity to request shall be waived. REQUIRED CERTIFICATION BY AUTHORIZED REPESENTATIVE 1, . certify that the above match requirements have been met in accordance with the 2021-2022 EMPAAgreement and Rule 27P-19, Florida Administrative Code. - I, certify that (REcipiENre, couNry), will not meet the match requirement. Attached is the request for waiver. PRINTED NAME:I TITLE: DATE: ( 66 288 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 4 - STAFFING DETAIL COUNTY EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES & BENEFITS I -- SUB -RECIPIENT: FL COUNTY POINT OF CONTACT: Jane Doe, Planner PHONEIEMAIL: 123-1211234 EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL Employee Name, Position Title & Approx. # of Annual Area of Responsibility Hrs. per Meek Total Salaries # (Preparedness, Response, Recovery, Mitigation & Finance Demoted to EM &Benefits $ actiHties b Position y 2 3 % % County Other General Fund Local (L I) oca Funds 4 5 % % % $ % $ LHMGP EMPA EMPA EMPG EMPG Other Total State or Base Grant Base Grant Base Grant Base GrantFederal Ali _(Stete)(State Federal ) (Federal) ( ) Funds Funds 6 17) 8 191 1121 1 Ex. Jane Doe, Director, ALL 40 $ 60,000.00 50% $30,000.00 50% $30,000.00 100% 2 $ $0.00 0% 3 $ $0.00 0% 4 $ $0.00 0% 5 $ $0.00 0% 6 $ $0.00 0% 7 $ $0.00 0% 8 $ $0.00 0% 9 $ $0.00 0% 10 $ $0.00 00/0 11 $ $0.00 0% 12 $ $0.00 0% 13 $ $0.00 0% 14 $ $0.00 0% 15 $ $0.00 0% 16 $ $0.00 0% 17 $ $0.00 0% 18 $ $0.00 0% 19 $ $0.00 0% 20 $ $0.00 0% TOTAL $30,000.00 $30,000.00 DIRECTIONS: 1. In Column#1, fist the name, position title and area of responsibility(s) for all EntergencyManapement staff, regardless if paid through grant funding. 2. In Column #2, enter the amount of anticipated hours worked per week for grant related activities for each EM position. 3. In Column #3, list total anticipated annual amount of Salaries and Benefits to be paid for each EM position. 4. In Columns #4-11 :provide the funding dstribution (% or $) in each applicable column. 5. Column #12 calculates the sum of percentages entered in Columns 4 -11 and must equal 100% of the anticipated annual salaries and benefits per EM position. 6. Please provide to the Division updates or revisions to this forth throughout the period of the agreement, as necessary. 7. This form is to be submitted to the Division along with the 1st Quarter submission or by November 15, 2021, whichever occurs first. 67 289 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 5 -CLOSE-OUT REPORT DIVISION FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the termination date of the agreement. The 2021.2022 period of agreement ends on June 30, 2022. DIVISION Form 6 is due by August 30, 2022. RECIPIENT:1 AGREEMENT#: POINT OF CONTACT: EMPAAWARD AMOUNT: PHONE/EMAIL:1 I UNCLAIMED BALANCE: . " REMIBURSEMENTS RECENED BY THE RECIPIENT (Include any advanced funds and final requested payment) ALLOCATION CATEGORIES ALLOCATIONS DATE AMOUNT 1. PLANNING $ - $ - 2. ORGANIZATION 3. TRAINING 4. EXERCISE 5. EQU[PNEfT 6. MANAGEMIBNTANDADMIN. $ $ AWARD AMOUNT: $ (LESS ADVANCED FUNDS) (LESS REIMBURSEMENTS) r $ UNCLAIMED BALANCE OF AWARD $ In accordance with Rule 27879.011, Florida Administrative Code, base grants shall be rnatched at an amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower. Requiredwith this form, the county needs to provide a copy of the current EM local budget (generalrevenue)and general ledger expenditure report es of 6/302022. RECIPIENT 2021-2022 LOCAL 2020-2021 LOCAL 2019.2020 2018-2019 LOCAL LOCAL AVERAGEOF PREVIOUS 3YEARS 2021-2022 EM LOCAL GENERAL REVENUE EXPENDNR/RFS Exmple: FL County r r SIGNATURE REQUIRED By signing this report, I certify to the best of my knowledge and belief that the report Is true, complete, accurate and the expend/tune; disbursements and cash receipts are for the purposes and objectives set forth In the conditions of the 2021.2022 EM PA agreement. SIGNATURE AND DATE AUTHOWED REPRESENTATIVE PRINTEDNAME AND TIRE Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the agreement. Please submit this form and supporting documentation to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, Attn: (Division Grant Manager) I BELOW TO BECOMPLETED BY DIVISION - SIGNATURE AND DATE DIVISION GRANT MANAGER SIGNATURE AND DATE DIVISION PROGRAMMATIC REVeNER 68 290 69 291 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020.2021 EMERGENCY MANAGEMENT PERFORMANCE GRAM - EMPA BASE GRANT OIWSION FORM 6 - TIME AND EFFORT TMs tone Is roplred to.,,Drapery mlmbnsemerd dakns for salaries charged to the grant. EM EMPLOYEE NAME I QUARTERLY REPORTING PERIOD. Odober 1 •December S7 PERIODDATES:, TO CWMte. 010112726 OF 4/1621 W-k 1 W.ek 2 ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total CATEGORY TOTALS 7 PLANNING 0 0 0 2 ORGANIZATION 0 0 0 S TRAINING 0 0 0 d EXERCISE 0 0 0 b- EQUIPMENT 0 0 0 e MGMT d ADMIN 0 0 0 GAILY OTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PERIODONE TOTA 0 PERIODTWOTOTA 0 0 01152 -lorNm Wee 0 W e d CATEGORY ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total TOTALS 1 PLANNING 0 0 0 2 ORGANIZATION 0 0 p 7 TRAINING 0 0 0 4 EXERCISE 0 0 0 6 EQUIPMENT 0 0 0 It MGMTBADMIN 0 0 0 WULY TOTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PERIODONETOTA 0 P.MTOTA 0 0 Week Its W eek 8 ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total CATEGORY TOTALS PLANNING 0 0 p 2 ORGANIZATION 0 0 0 b TRAINING 0 0 0 d EXERCISE 0 0 0 b EQUIPMENT 0 0 0 6 MGMT 'ADMIN 0 0 0 ONLY TOTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PERIODONETOTA 0 PERIOD TWO TOTAL 0 0 Week7 Week6 ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total CATEGORY TOTALS 1' PLANNING 0 0 0 2 ORGANIZATION 0 0 0 0 TRAINING 0 0 0 d EXERCISE 0 0 0 6 EQUIPMENT 0 0 0 6 MGMT BADMIN 0 0 0 DAILY TOTAIS 0 0 0 1 0 1 0 0 1 0 0 0 0 0 0 0 0 PERIODONETOTAL 0 PERIOD TWO TOTALI 0 10 Week$ Week 10 ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Taal CATEGORY TOTALS 1 PLANNING 0 0 0 2 ORGANIZATION 0 0 0 0 TRAINING 0 0 0 d EXERCISE 0 0 p b EQUIPMENT 0 0 0 6 MGMTSADMIN 0 0 0 DAILY TOTALS 0 0 0 0 01 0 1 0 1 0 1 0 1 0 0 0 0 0 PERIODONETOTA 0 1 PERIOD TW 0 0 Week 71 Week 12 'OTOTAY ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total CATEGORY TOTALS 7 PLANNING 1 0 0 0 2 ORGANIZATION 0 0 0 2 TRAINING 0 0 0 4 EXERCISE 0 0 0 b EQUIPMENT 0 0 0 6 MGMT' ADMIN0 0 p GMLYTOTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PERIOD ONE TOTA 0 1 PERIOD TWO TOTAL 0 0 By dgning &d—pmIeMly to Ne Desi ofmyA—Fdge arch bdid that the report la We, complefe,—rete and M. erpendWM rilb emenlaend east, reedpta— for dlep.,poses and objecdves aef forth In Ne conddom of me 2021.2022 EMPA 49-1. EmPloYee Date: 69 291 8 INDIAN RIVER COUNTY, FLORIDA FCoNS MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Rachel Ivey, EM Planner II Department of Emergency Services/Emergency Management DATE: August 5, 2021 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Federally - Funded Subgrant Agreement (EMPG, Agreement Number: G0301) and Expenditure Approval It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (G0301) is $80,205.00. EMPG allowable costs are divided into the following categories as referenced in the 2021-2024 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA) grant, there are no additional funds required from Indian River County. The term of the agreement is from July 1, 2021 through June 30, 2022. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost 292 savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (G0301), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management in the amount of $80,205.00. Item Amount Account Number Software Services $34,192.00 00120825-035120-05050 (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) • WebEOC (Juvare-ESI Acquisition, Inc.) • Mobile App (QuickSeries) • ArGIS SRI, Inc. Emergency Management related training activities $4,963.00 00120825-033190-05050 Travel to emergency management conferences $11,440.00 00120825-034020-05050 Registration fees for emergency management conferences $1,110.00 00120825-035430-05050 Public Outreach — Comcast Advertising —Sole Source $22,000.00 00120825-033190-05050 Disaster Guides $6,500.00 00120825-034720-05050 TOTAL $80,205.00 ATTACHMENTS: 1. Two (2) Original Copies of EMPG Agreement (G0301) 2. Indian River County Office of Budget and Management Grant Form 293 GRANT NAME: EMPG Grant AGREEMENT# G0301 AMOUNT OF GRANT: $ 80,205.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3947 1. How long is the grant for? 1 ,year Starting Date: July 1, 2021 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% N/A 011.13 5. Grant match amount required $ 80,205.00 N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPA Grant N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A 012.12 8. Are.you adding any additional positions utilizin the grant funds? If list. (If additional space is neededgplease attach a schedule.) Yes X No N/A yes, please N/A N/A Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages PT N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Mat chin N/A N/A N/A N/A N/A TOTAL:::i N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: July 20, 2021 294 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year N/A N/A N/A N/A Fourth Year N/A N/A N/A N/A Fifth Year N/A N/A N/A N/A Signature of Preparer: Date: July 20, 2021 294 AGREEMENT NUMBER: G0301 FEDERALLY FUNDED SUBAWARD GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.33 Sub -Recipient's name: Sub -Recipient's unique entity identifier (DUNS): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: INDIAN RIVER COUNTY 0792078989 EMA-2021-EP-00007 10/01 /2020 to 09/30/2023 07/1/ 2021 — 06/30/2022 $80.205.00 Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards, as authorized by Section 662 of the Post -Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended. (Pub. L. No. 109-295) (6 U.S.C. & 762): the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-2881 (42 U.S.C. §6 5121 et seg.): the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. &� 7701 et seg.): and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. lib 4001 et seg.). Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listings Number: Whether the award is Research & Development: Indirect cost rate for the Federal award: Department of Homeland Security (DHS), Federal Emergencv Management Agency (FEMA), and Grant Program Directorate (GPD) Florida Division of Emergency Management Chanda Jenkins (850)815-4243 97.042 No (N/A) 295 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and INDIAN RIVER COUNTY, (hereinafter referred to as the "Sub -Recipient "). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." B. As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." C. As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." D. As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." E. As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass- through entity." THEREFORE, Division AND Sub -Recipient agree to the following: (1) SCOPE OF WORK (a) Sub -Recipient shall perform the work in accordance with Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this agreement. (2) INCORPORATION OF LAWS, REGULATIONS, AND POLICIES (a) Sub -Recipient and Division shall be governed by all applicable State and Federal laws, rules, and regulations, including, but not limited to, those identified in Attachment E, Program Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. §200.302 states in part: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." (3) PERIOD OF AGREEMENT (a) This agreement period will begin on July 01, 2021, and will end on June 30, 2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. 296 (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub -Recipient for allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $80,205.00, subject to legality of the expenditures, availability of funds, and appropriate budget authority. (b) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub -Recipient within the first ninety (90) days of the term of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included with this Agreement as indicated in Attachment B, Justification of Advance Payment. Attachment B must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (c) As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient , which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." (d) In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (e) As required by section 215.971(2)(c), Florida Statutes, the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. (5) REPORTS Sub -Recipients shall provide Division with all required Reports, as set forth in Exhibit 1 — Audit Requirements, to this agreement. (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. 297 (c) The Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment A (3)). The necessary forms for completing Quarterly Reports are located in Attachment G, Reporting Forms. (6) MONITORING (a) Sub -Recipient is responsible for and shall monitor its performance under this Agreement. Sub -Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (7) SUBCONTRACTS (a) Sub -Recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract includes the following requirements: Contractor is bound by all applicable State and Federal law and regulations; Contractor shall indemnify and hold Division and Sub -Recipient harmless against all claims of whatever nature arising out of or related to the contractor's performance of under this Agreement, to the extent allowed by law; and iii. Prior to entering into a contract with any contractor to be paid from funds from this Agreement, Sub -Recipient shall submit to Division a completed Attachment C, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. (8) AUDITS 298 (a) Sub -Recipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." (b) Sub -Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings through ligation or otherwise. (c) If Sub -Recipient's expenditures of State of Federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - Recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and audits of Federal awards conducted in accordance with Subparagraph (c) above. (9) LIABILITY (a) Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT 299 If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: (a) Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; (c) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, (d) The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: 300 Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Sub -Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. 301 (13) PROCUREMENT (a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. 302 (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319, the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: Place unreasonable requirements on firms in order for them to qualify to do business; Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; 303 equivalent; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 0) The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.aov/procurement-disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at htti)s://www.fema.aov/media-library-data/1569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf 2019 PDAT Contract Provisions Template available at https://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTem plate 9-30-19.pdf (14) ATTACHMENTS AND EXHIBITS 304 (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 — Audit Requirements Exhibit 2— Funding Sources Exhibit 3— Single Audits Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Mandatory Contract Provisions Attachment G — Certification Regarding Lobbying Attachment H — Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. All notices provided by Sub -Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: 305 Contractual Point of Contact Chanda Jenkins FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4342 Chanda.Jenkins@em.myflorida.com (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact N. Karla Brown FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4357 Naytoyla.Brown@em.myflorida.com (d) The name and address of Representative of the Sub -Recipient responsible for the administration of this Agreement is: Name: Erin Baskins Title: Staff Assistant IV Address: 4225 43,d Avenue Vero Beach, Florida 32967 Phone: (772) 226-3859 Email: ebaskins@ircgov.com (e) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (16) PAYMENTS (a) Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Justification of Advance Payment as Attachment B. Justification of Advance (Attachment B) will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. 306 (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (17) REPAYMENTS (a) All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient , cause'the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 307 (d) The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(f)(ii) of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (g) If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. (h) In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. 308 (i) The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. (j) If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (k) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes., or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (c) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (d) The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of 309 a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. If this subgrant agreement amount is $100,000 or more, the Sub - Recipient, and subcontractors, as applicable, shall sign Attachment L — Certification Regarding Lobbying. (20) COPYRIGHT, PATENT, AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. (a) If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. 310 (c) Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (20)(b), have the right to all patents and copyrights which accrue during performance of the Agreement. (d) If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION (a) The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (22) STATEMENT OF ASSURANCES (a) The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS (a) As required by 2 C.F.R. §200.337, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, 311 examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. (c) As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2CFR 200.334, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of 3 years from the date of submission of the final expenditure report. The following are the only exceptions to the 3 -year requirement: i. If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (d) In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. (e) In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (g) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic 312 requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. (h) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (i) The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A) and all other applicable laws and regulations. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. 313 (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) EQUAL OPPORTUNITY EMPLOYMENT (a) In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job 314 functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (viii) 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) The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal 315 opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. (c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient ; and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI -KICKBACK ACT (a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (29) CONTRACT WORK HOURS AND SAFETY STANDARDS 316 (a) If the Sub -Recipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (31) SUSPENSION AND DEBARMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (32) BYRD ANTI -LOBBYING AMENDMENT 317 (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: 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. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment L — Certification Regarding Lobbying. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the Sub -Recipient , with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. 318 (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 319 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAG E IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the last date set forth below. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman Date: 59-6000674- Federal Identification Number 0792078989 -DUNS Number G0301- Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Division Director Date: 320 FY 2021-2022 EMPG AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub -Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Sub -Recipient's may have related to the grant. Sub -Recipient's will be monitored programmatically and financially by Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Sub -Recipient's will receive monitoring from Division once per year. If an on-site visit cannot be arranged, the Sub -Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Sub - Recipients are demonstrating non-compliance. (a) The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in the Proposed Budget Detail Worksheet Attachment A(2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment A(3)). (b) In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 321 AUDITS The Sub -Recipient shall comply with the. audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30). days after the Division has notified the Sub -Recipient of such non-compliance. (a) The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. (b) The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com . OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html (d) The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: 322 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector. General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the. current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division (b) Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or. are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment A(3)). 323 FY 2021 - 2022 EMPG AGREEMENT EXHIBIT 2 — FUNDING SOURCES II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO, THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. C.F.R. 200, Uniform Administrative Requirements for Federal Grants 2. Appendix "H", FEMA Preparedness Grants Manual, FEMA Grant Program Directorate, dated February 2021 3. The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant Program (EMPG) STATE RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A 324 FY 2021 - 2022 EMPG AGREEMENT EXHIBIT 3 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSinale Audit(cDem.mvflorida.com. Sub -Recipient: INDIAN RIVER COUNTY FEIN: 59-6000674 Sub -Recipient's Fiscal Year: 2021 Contact Name: TAD STONE Contact's Phone: (772) 226-3947 Contact's Email: TSTONE@IRCGOV.COM 1. Did Sub -Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and the Florida Division of Emergency Management (FDEM)? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes [—]No If yes, Sub -Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(1), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub -Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and Division? ❑Yes [:]No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Sub -Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Sub -Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 325 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustaining, and delivery of core capabilities. The intent of the EMPG Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. Sub -Recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration II. SUB -RECIPIENT RESPONSIBILITIES Sub -Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. Each Emergency Management staff person must work the number hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. TASKS AND DELIVERABLES: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. I I TASK 1: MATCH A. QUARTERLY MATCH The EMPG agreement has a requirement of 50% Federal share and 50% Sub -Recipients share of the total award amount. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet matching requirements, the Sub -Recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. 2: An interim anal KUM indicates tnat i reasury's AKNA tunding is being treated as a grz as such cannot be used for cost share purposes. Other Restrictions on Use Payments i Fiscal Recovery Funds are also subject to pre-existing limitations provided in other Fed utes and regulations and may not be used as non -Federal match for other Federal progr ise statute or regulations bar the use of Federal funds to meet matching requirements! In order to demonstrate successful completion of task 1 for quarter 1-4, the Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES 326 • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or you are using local funds to satisfy the match requirement. If using EMPA as match, no additional supporting documentation is required; Reporting Requirements; Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Invoices, receipts, paystubs, certified timesheets, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. TASK 2: BUILDING AND SUSTAINING CORE CAPABILITIES A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION In accordance with the (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. NIMS provides a common approach to state and national response that enables responders at all levels to work together more effectively to manage domestic incidents a core set of guidelines, standards, and protocols for command and management, preparedness, and communications in emergency situations. All Sub=Recipients must certify that they are NIMS compliant or working towards compliance and will furnish documentation upon request. All Sub -Recipients are required to complete and submit the NIMS Data Collection Worksheet _Local compliance annually. In order to demonstrate successful completion of task 2 for quarter 2, the Recipient must submit the following items to the Bureau Chief of Preparedness: DELIVERABLES • NIMS Data Collection Worksheet Local, provided by the Preparedness Bureau, in the month of September, will be submitted electronically by December 01, 2021, to the Bureau Chief of Preparedness; Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA Deliverables Due NA NA Supporting Documentation: The NIMS Data Collection Worksheet_ Local. B. LOGISTICS PLANNING — DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2020, counties will begin an update of its' Logistics Plan, a component to their existing Local Comprehensive Emergency Management Plan (CEMP). The Logistics plan, for this agreement cycle, should focus on the distribution of commodities and supplies such as food, water, generators, and tarps to survivors following a disaster. Section 252.35 (2)(g), Florida Statutes, requires the Department to: • Ascertain the requirements of the state and its political subdivisions for supplies and equipment of all kinds in the event of a disaster; and 327 • Plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their . availability. Completion of this requirement ensures statewide resource requirements are identified. In order to demonstrate successful completion of task 2 for quarter 4, the Recipient must submit the following items to the Division Logistics Section: DELIVERABLES • Provide the updated Logistics Plan Component addressing the following: ■ Resource Ordering ■ Distribution Methods ■ Inventory Management ■ Staging areas ■ Transportation ■ Demobilization Reporting Requirements (Quarter 4). Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA NA Deliverables Due Supporting Documentation: Submission of draft plan for review by Division Logistics Section no later than June 30, 2022. TASK 3: VALIDATING CAPABILITIES A. INTEGRATED PREPAREDNESS PROGRAM (IPP) The Sub -Recipient shall develop and maintain an Integrated Preparedness Program (IPP) that identifies a combination of exercises and associated training requirements that address priorities and build gaps identified in the Integrated Preparedness Program Workshop (IPPW) and builds from training gaps identified in the county assessment process. The IPP is designed to consolidate the training and exercise that will be undertaken by any and all stakeholders within the State of Florida in an effort to maximize opportunities to coordinate, collaborate, and improve effectiveness of each stakeholder's (the Whole Community) capacity/capability when responding or assisting in the response to, recovery from, and mitigation of impacts from any of the "All Hazards" threats. Training and exercises play a crucial role in this strategy, providing the State with a means of attaining, practicing, validating, and improving core capabilities. In order to demonstrate successful completion of task 3 for quarter 4, the Recipient must submit the following items to the Staff Development Training Consultant: DELIVERABLES • The County 202372025 IPP by February 1, 2022 and submit to Ivy Baker, Staff Development Training Consultant at email: Ivy. Baker .em.myflorida.com Phone: (850) 815-4306. Reporting Requirements: 328 Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA Deliverables Due NA Supporting Documentation: Submission of IPP by Division Training and Exercise Section not later than February 1, 2022. B. TRAINING AND EXERCISE Training and Exercise.activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, IPP developed through an annual IPPW and should reflect efforts to address training capabilities gaps. In addition to training activities aligned to and addressed in the IPP, all EMPG funded personnel must complete the following training requirements and record proof of completion: • NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS - 700 (any version), and IS -800 (any version), and Professional Development Series (PDS); or Emergency Management Professionals Program (EMPP) Basic Academy. Exercises play a vital role in national preparedness by enables whole community stakeholders to test and validate plans and capabilities and identify both capability gaps and areas for improvement. Exercises also test capabilities, familiarize emergency management personnel with role and responsibilities, foster meaningful interaction and communication across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. In order to demonstrate successful completion of task 3 for quarter 1-4, the Recipient must submit the following items to the Divisions Salesforce system: DELIVERABLES • The Division Form 4 - Staffing Detail for all funded EMPG personnel; • Training transcripts for funded EMPG personnel listed on the Division Form 4 — Staffing Detail. If certificates are uploaded into SERT TRAC, Grant Manager will request a copy of the transcript from the Training and Exercise Unit (T&E); • Provide sign in sheet or certificate or participation in at least three (3) exercises for funded EMPG personnel during the period of performance • Provide the percentage of completed training and exercise activities listed on the current IPP; Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE: Additional course completion documentation is required only if; new personnel are listed on the Staffing Detail Form. FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT A (1) 329 ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 EMPG Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used.to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans Planning Costs Supporting Documentation: • Copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. B. ORGANIZATION EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits ■ Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). ■ Position descriptions for funded EMPG personnel and any position being used as match; • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships 330 • Publications • Postage • Storage • Other Personnel/Contractual Services . ■ Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement ■ Major repairs to the County Emergency Operations Center (Need prior EHP approval) ■ Central Heat/Air (Need prior EHP approval) ■ Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) ■ Security Improvements (i.e. Cameras and equipment to operate) ■ Generators and Installation (Need prior EHP approval) Maintenance and Sustainment: The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: hfto://www.fema.gov/media-library/assets/docunients/32474. Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 -.Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Expense items need to have copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks (Form 1 B) is due every quarter with the quarterly financial report. This is to identify emergency management personnel, all EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. C. EQUIPMENT 331 Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles can be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. Unauthorized Eauinment - Related Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. D. TRAINING 332 EMPG Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). Training should foster the development of a community -oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP, all EMPG -funded personnel (including full- and part-time state, local, tribal, and territorial (SLTT) recipients and Sub -Recipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version) AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre -requisites and Courses IS -120.a An Introduction to Exercises IS -100 (any version) Introduction to the Incident Command System IS -230.d Fundamentals of Emergency IS -700 (any version) National Incident Management Management System (NIMS)-An Introduction IS -235.b Emergency Planning IS -800 (any version) National Response OR Framework, An Introduction IS -240.b Leadership and Influence IS -230.d Fundamentals of Emergency Management IS -241.b Decision Making and E/1_101 Foundations of Emergency Problem Solving Management IS -242.b Effective Communication E/1_102 Science of Disasters E/1_103 Planning Emergency Operations IS -244.b Developing and Managing Volunteers L-146 HEEP E/1_105 Public Information & Warning Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses • Attending other FEMA -approved emergency management training • State -approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than 25 days prior to the event to allow for both the Division 333 and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training -related costs include the following: Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or. FEMA, whichever is applicable. Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. 334 In pertinent part, Rule. 691-42.004(l), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose .of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A. copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuoustravel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. 335 Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.). $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.). $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 a , Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities: Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient 's written travel policy; and participation of the individual in the travel is necessary to the Federal award. 336 E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current Integrated Preparedness Program (IPP) developed through an annual Integrated Preparedness Program Workshop (IPPW). Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with. disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged.to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the Sub -recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise - Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. 337 Exercise Costs Supporting Documentation • Copies of contracts, MOUs or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). F. MANAGEMENT AND ADMINSTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. II. OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Sub -Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of application. Sub -Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (EHP) COMPLIANCE As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipient's proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The EHP screening form is located https://www.fema:gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at https://www.fema.gov/media- li brary/assets/documents/118323. C. CONSTRUCTION AND RENOVATION 338 Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the State Administrative Agency are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG grants.gov posting) to their. Regional EMPG Manager for review. Additionally, recipients are required to submit a SF -424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to Grants Program Directorate (GPD) prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to apdehpinfo(a)fema.gov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis - Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: httos://www.dol.gov/whd/govcontracts/dbra.htm In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. D. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Sub -Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. E. FINANCIAL CONSEQUENCES If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the 339 noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow.(that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 340 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant (EMPG") is intended for use by the Sub - Recipient to perform eligible activities as identified in the Fiscal Year 2020 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed. Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES SUB -RECIPIENT: INDIAN RIVER, COUNTY OF AGREEMENT: G-0301 1. PLANNING 2. ORGANIZATION 3. EQUIPMENT 4. TRAINING 5. EXERCISE 6. MANAGEMENT AND ADMINISTRATION 7. TOTAL AWARD $80,205.00 FY 2021-2022 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost . Total Cost Salaries and Fringe Benefits Utilities (electric, water and sewage) 341 Service/Maintenance agreements Supplies/Materials Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors 342 Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to 5% of total award .Quantity Unit Cost Total Cost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $80,205.00 REVISION DATE: 343 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Sub -Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than 30 days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 Aril 30 April 1 through June 30 July 30 A. The Quarterly Tasks Form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. The necessary reporting forms are found in Attachment G, Reporting Forms. B. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required. The Sub -Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable (i.e. invoices, cancelled checks, earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost -matching requirements must be in accordance with.2 C.F.R. 200.306. To meet matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due sixty (60) days after termination.of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). D. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. FY 2021 - 2022 EMPG AGREEMENT 344 ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2021. Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include, but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official 345 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, thatneither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub -Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date 346 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Sub -Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Sub -Recipient shall safeguard all assets and assure that they are used solely for authorized purposes.. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Sub -Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Sub -Recipient. All bids or offers may be rejected when it is in the Sub -Recipient's interest to do so. 347 Codes of Conduct. Sub -Recipient warrants the following: (1) The Sub -Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Sub -Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( ) to Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub -Recipient. 348 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 349 10. It will comply, and assure the compliance of all its Sub -Recipient's and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime'Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title I I of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 350 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT F MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a ' For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 351 standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must 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 must 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 non -Federal award. (J) See § 200.323 Procurement of recovered materials. (K) See §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 11/12/2020). FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entities. It is available at https://www.fem6.gov/media-library-data/l569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTem plate 9-30-19.pdf. Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix ll. FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT G 352 CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. i 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and.Title of Sub-Recipient/subcontractor's Authorized Official Date 353 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT 2021-2022 EMPG REPORTING FORMS 2021-2022 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: DIVISION Form 1A - Quarterly Financial Report, DIVISION Form 1B - Quarterly Tasks, DIVISION Forms 2A & 2B Detail of Claims and DIVISION Form 6 -Time and Effort If applicable). j 1. These forms are to be submitted to the Division each quarter. r2. Complete Division Form 1A - Quarterly Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a descriptive narrative outlining quarterly progress, events, delays in the section provided. 3. Complete Division Form 1 B - Quarterly Tasks to support that deliverables and tasks are being'completed as required throughout the period of performance, sign and date. �4. The Division Form 2A - Detail of Gaims & Division Form 2B - Detail of Gaims (Salaries & Fringe) fortes must accompany the Division Form 1A - Quarterly Financial Report each quarter. j 5. The Division Form 1A - Quartedy Financial Report forth must be signed by the grant manager or someone with equal authority. �6. Deliverables and Claims for reimbursement may be submitted Wa Salesforce or by email to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Division Grant Manager) TT —r 354 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 1A -QUARTERLY FINANCIAL REPORT AGREEMENT #: CLAIM #: 1 AWARD AMOUNT: QUARTER #: I 1 SUB -RECIPIENT: COUNTY:I I REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) ADDRESS] ( 11- Juy 1=Sept 30, 2021 (Forms are due no later than October 30). 2- October 1 - Dec. 31, 2021 (Forms are due no later than January30) 3 - January. 1 - March 31, 2022 (Fours are due no later than April 30) POINT OF CONTACT: 4- . Apr01 - June 30. 2022 (Forms are due no later than July 30) PHONEIEMAIL:I I EMPG ALLOCATION CATEGORIES BUDGETED 01 CLAIM ALLOCATIONS 02 CLAIM 03 CLAIM 04 CLAIM CUMULATIVE REMAINING EXPENDED FUNDS BALANCE 1. PLANNING $0.00 $0.00 $0.00 2. ORGANIZATION $0.00 $0.00 $0.00 3. EQUIPMENT $0.00 $0.00 $0.00 4. TRAINING $0.00 $0.00 $0.00 5. EXERCISE $0.00 $0.00 $0.00 6. MGMT AND ADMIN (up to 51/6) $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AMOUNT OF REIMBURSEMENT FORTHIS CLAIM: I "By signing this report, I certify to the best of my know ledge and befief that the report Is We, complete. and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherw Ise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE AUTHORIZED REPRESENTATIVE DATE QUARTERLY STATUS REPORT Please report EM actiHties, meetin s, training, exercises, or other necessary information to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT PRIOR CLAIMS DIVISION DATE RECEIVED STAMP MENT THIS CLAIM AMOUNT BALANdaY&Qtb 2022 EMPG AGREE A I IAC:MmtN 1 H- KtrUK IINiLs FuKmb 61 355 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 1B-QUARTERLYTASKS SUB -RECIPIENT: QUARTER: 1 July 1 -Sept. 30 i I1 II Rofessunal National EMPG Emergency Management Personnel NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Devebprrent OR series bnagerreral Be lc Ac n s ca N r7 "all EM Employee Name & Position Title tr rr M W W X Of of Q: Q: of ¢ of o: o: (K tr M N C) O tr WW X r 0 0 o a o a a o o a o o a o o a o 0 0 0 0 0 0 0 ENTER DATE COMPLETED _ DELIVERABLES/TASK REQUIREMENTS QTR 1 QTR 2 QTR 3 QTR 4 COMMENTS _ T1: Submit Division Form 3A - Quarterly Match to identify the non federal match amount. For those sub -recipients using local funds, Use for explanation that supporting documentation is required with the form to support supports Training & Exercise match amount reported (Due 01-04) progression. T2: NIMS Data Collection Worksheet -Local, provided by the Preparedness Bureau in the month of September, must be submitted electronically by December 1, 2021 to the Bureau Chiel of Preparedness (Due Q2) T2: Submit a draft of the updated Logistics Plan for review by the Division's Logistics Section by June 30, 2022. (Due 04) T3: Submit the County 2023-2025 IPP to kN Baker at Ivy. Baker@em.myflorida.com by February 1, 2022 (Due 03) T3: Provide Division Form 4 - Staffing Detail for all funded EMPG personnel (Due Qt, updates If necessary 02-04) . T3: Provide training transcripts for EMPG funded personnel listed on Division Form 4 - Staffing Detail. If certificates are uploaded into SERT TRAC, the Division's Grant Manager will request a copy from the T&E Unit. (Due 01, updates If necessary 02-04) T3: Provide sign in sheet or certificate of participation in at least three (3) exercises for funded EMPG personnel during the period of performance. (Due 01-04) T3: Provide the percentage of completed training and exercise activities listed on the current Integrated Preparedness Plan (IPP) (Due 01-04) "By signing this report I certify to the best ofmy knowledge and beliefthat the reportis true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions ofthe Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, t false claims or otherwise. (U. S. Code I Title 18, Section 1001 and ride 31, Sections 3729-3730 and 3801-3812).' i I71SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: I TITLE: , r DATE: tT LU17 - LULL tMrU AUKttMt:N 1 ATTACHMENT H- REPORTING FORMS 62 356 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2A - DETAIL OF CLAIMS SUB -RECIPIENT: INCURRED DATE RANGE: Example: July 1 through Sept. 30, 2021 Please use separate Diyislon Form 2A - Detail of Claims per allocation category. Please provide FEMA AEL numbers for EQUIPMENT expenditures ONLY. Please provide a budget revision to the Division along with this form, if expenses being claimed are not allocated on the most recently approved budget. Please Include the Costs Incurred Date Range in the applicable cell above. This is usually the quarterly period; however, a Sub -Recipient may Incorporate a larger date range to Include a forgotten claim for reimbursement for a payment made the previous quarter (within the period of the agreement). This allowance does not circumvent the four(4)required reporting submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY:1 PLANNING DATE OF PAYMENT PAYMENT PURCHASE FEMA AEL# # VENDOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE REFERENCE # AMOUNT (WA ff equlpmemwes rat OR EXPENSE (CFECK#, Imo, art, Jr) purchased) Include NO date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL S "By signing this report, 1 certily to the besl ofmy knowledge end befiefthat the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditionsofthe federal award. I am aware that eny false, bc8tlous, or fraudulent inlormadon, or the omission ofenymelerial fact may subject me to criminal, GNI or administraLim penalties for baud, false statements, false ctalms or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3728-3730 and 3801-3812)." SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS 63 357 FY 2021 - 2022 EMPG AGREEMENT FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2B - DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS SALARY DEFINITION: The cash compensation for services rendered bya regular employee in an established position fora specific period oftime. SUB -RECIPIENT: CLAIM#: I I I I I I DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note: E this claim includes incentives or special pay, please provide FDEMvr ith the written established policy for support. 4 I I I I I I I I EM EMPLOYEE NAME EM POSITION TITLE %OF TIME CHARGED TO EMPG SALARY FRINGE BENEFITS 1 Example: Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS [$ 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 I I I I ( I I I I I `By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). " SIGNATURE: i AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: i DATE] I i I i I 358 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 3A - Quarterly Match SUB-RECIPIENT: CLAIM #: 1 QUARTERLY REPORTING PERIOD: July 1 - Sept. 30 I I i 1. The 2021-2022 EMPG agreement has a match requirement of 50% Federal share and 50% Sub-Recipient share of the total award amount Each quarter the Sub-Recipient must identify the non-federal match amount on the Quarterly Match Form 3A 2. Ifthe EMPG funds are being matched with 2021-2022 EMPAclaimed expenditures, no additional back-up/supporting documentation is required to be submitted with this form. 3. Ifthe 2021-2022 EMPG award exceeds the 2021-2022 EMPAaward, or ifthe Sub-Recipient is not using EMPAclaimed expenditures to fulfill the EMPG match requirement, appropriate back-up/supporting documentation must accompanythis form to support fulfillment of the required match i.e. invoices, receipts, paystubs, earning statements, cancelled checks, credit card and bank statements, etc. . I I i f I I EMPG REPORTING AWARD AMOUNT: $ 80,000.00 EMPG QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $80,000.00 QUARTER $0.00 $80,000.00 QUARTER 3 $0.00 $80,000.00 QUARTER 4 $0.00'-$80,000.00 TOTAL EMPG CLAIMS $0.00 I EMPA REPORTING AWARD AMOUNT: $ 105,806.00 EMPA QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $105,806.00 QUARTER 2 $0.00 $105,806.00 QUARTER 3 $0.00 $105,806.00 QUARTER 4 $0.00" 0.00 $105,806.00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ 40,000.00 EMPA LOCAL General Revenue LOCAL Other OTHER Non -Federal QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTALI $0.00 $0.00 $0.00 $0.00 TOTAL MATCH $0.00 By signing this report, 1 certify to the best of my krawtedge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. lam aware that any false, fictitious, or fraudulent information, or the omission of any material fact, maysubject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (US. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE AUrHORIZ® REPRESENTATIVE PRINTED NAM E TITLE, DATE 359 FY 2021 -. 2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 4 - STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS nPHONE/EMAIL: SUB -RECIPIENT: FI -County POINT OF CONTACT: Jeno Doe, Planner 123123.1234 ' ' EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL TOTAL EM Employee Name, Position Title : # $ -HrsJWeek Total Salaries -Devoted to & Benefits EM Activities by Position 1 2 " 3 % % County Other General Fund Local (Local) Funds 4 % $ % $ % EMPA EWA EMPG. EMPG HMGP Base Grant Base Grent Base Grant Base Grant Planning Grant (State) (State) (Federal) (Federal) (State) [B) [71 (81 191 1101 % % Other Total Stele or Federsl All Funds Funds fill12 1 EXAMPLE John Smith, Planner 40 $ 40.000.00 j 0% 0% 50% $20,000.00 50% $20,000.00 0% 0% 100% 2 $ $ 0% 3 $ $ 0% 5 $ $ 0% 7 § $ 0% 8 $ $ 0% g $ $ 0% 10 $ $ 0% 11 $ $ 09l 12 $ $ 0% 13 $ $ 0% 14 $ $ 0% 15 $ $ 0% to $ $ 0% 17 $ $ 0% 1e $ - $ - oak 19 $ - -$0% 20 $ $ 0% - TOTALI $20,000.00 1 1 $20,000.00 DIRECTIONS: 1. In Column #1, list the name and po Rion tRle for funded EMPG Emergency Management staff. I 1 2. In Column #2, enter the emount of anticipated hours worked per week for grant related eclhites for each EM position. 3. In Cotumn #3, list total en ticipeted annual amount of Selades and Benefits to be paid for each EM position. 4. In Columns #4-11, pmJde the funding distdbulkm (% or $) in each applicable column. 5. Col mn #12 calculates the sum of percentages entered in Columns 4 -1 t and must equal 100% of the emidpated annual seledes and benefits per EM position. B. Plewa prod to the OWskm updates or mtislore to this tone throughout the period of the ag"emoM, es necessary. __ 7. This torte is to be submitted to the Ditision a with the tsl Quarter submission, or October 30, 2021, whichaulr occurs first. 66 360 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT DIVISION FORM 5 - CLOSE-OUT REPORT Division FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the period of performance ends The 2021-2022 period of performance ends on June 30, 2022. Division FORM 5 is due by August 30, 2022. SUB -RECIPIENT: AGREEMENT #: POINT OF CONTACT: EMPG AWARD AMOUNT: $ PHONEIEMAIL: UNCLAIMED BALANCE: $ RSWURS94MM FaCEIVED BY THE SU&RECF0 f (include any advanced funds and final requested payment) ALLOCATIONCAT630PoE3 IXFtTDffURES DATE AMOUNT 1. FLAWC $ - ' $ - 2. ORGANOAT0N $ - 2 $ - 3. EOUIPMENT $ - $ - 4. TRANM $ - 4 $ - 5. DCERCISE $ - $ - 6. MAMGEMENTANDADMIN. $ - 6 $ - $ $ AWARD AMOUNT $ (LESS ADVANCED FUNDS)i $ (LESS REIMBURSEMENTS)' $ i UNCLAIMED BALANCE OF AWARD $ The 2021-2022 EMPG agreement has a match requirement of 50% Federal and 50% Sub -Recipient share of the total award amount. N the EMPG award is being matched with EMPA, no additional back-up/supporting documentation is needed to be prodded to the Division. If the EMPG award exceeds the EMPA award or using local funds for match, the appropriate back-up/supporting documentation for the match fulfillment shall be provided with this form (i.e. invoices, cancelled checks, earning statements, payroll registries, with amounts clearly identified). TOTAL MATCH EMPA LOCAL General Revenue LOCAL Other OTHER Non -Federal SIGNATURE REQUIRED "Byslgning thlsreport, I certify to the best ofmy knowledge and belief that the report Is true, complete, and accurate, and the expenditure; disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award. lam aware that anyfalse, fictitious, or fraudulent information, or the omission ofanymaterlal fact, maysubject me to criminal, civil or administrative penalties for fraud, false statement; false claims orotherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME AND TITLE: I I I I ! f Refund and/or final Interest checks are due no later than ninety (90) days after the expiration of the Agreement. Make checks payable to: Cashier, Florida Division of Emergency Management Mail to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, Attn: (Division Grant Manager) 1 — — BELOW TO BE COMPLETED BY IDEM: T SIGNATURE AND DATE: DiWsion Grant Manager ) SIGNATURE AND DATE:I Division Programmatic Reviewer �( 67 361 FY 2021 -.2022 EMPG AGREEMENT ATTACHMENT H- REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT - QAPG BASE GRANT DIVISION FORM S - TIME AND EFFORT TMS form is myulred to accompany mimbursament claims for salarlos charged to the grant EMPLOYEE NAME�' PERIOD DATES: 1 101112021 TO 12/31/21 ©v©v©®oma©©©v©oar �0000©�o�oa©m000�� o ®® ©��������oo©�����m� �oo�©000�a©a0000�� o m� e����o©�o�������oa ©�������o�o�©���oa �00000©o�000©000�� 0 0� ©=man =am ©©©v©©o�� �000a000�oaoa000�� v o� ©v©a©oo=©©©v©oo ©�����o�o�������oa �0000000�oo©0000�� v o� ©���o�©�o�������oa �ooaoo©opo©00000�� oPERIOD TWO TOTALm� :By sigrYng Ws, report, 1 cwtW to the best of myknoYedge end belief that the report /s Irue, compete, eno actuate, and the.V nafft—s, 6abusemenh and cash rece/pts "for the purposes Ino ob/ectl es at fort lin The terms and cm6'8ms of the Federal ward. I am evare that my false. Prcbtlaa, or hauoulerd IMamallon, or the Mission of my mmerlal fact, may subject me to crknfnd,, ch* or admIldatretl a pane/ffu far baud, false statements, false clot a cthaWse. (U.S Cade T7tle f 8, Sect/m 1001 eW 770a 31, Secflans 37203730 end 38013812). I 68 362 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Rachel Ivey, EM Planner II Department of Emergency Services/Emergency Management DATE: August 5, 2021 SUBJECT: Acceptance and Approval Performance Grant Program Agreement Number: G0310) of Expenditures of Emergency Management — American Rescue Plan Act (EMPG-ARPA It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG-ARPA Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG-ARPA Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (G0310) is $13,926.00. EMPG allowable costs are divided into the following categories as referenced in the 2021-2024 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management budget. There are no additional funds required from Indian River County. The term of the : agreement is from July 1, 2021 through June 30, 2022. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by 363 the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (G0310), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management in the amount of $13,926.00. Item Amount Account Number Emergency Management Related Training Activities $3,926.00 00120825-033190-21721 Wad Tablets for Damage Assessments $10,000.00 00120825-035130-21721 TOTAL $13,926.00 ATTACHMENTS: 1. Two (2) Original Copies of EMPG Agreement (G0310) 2. Indian River County Office of Budget and Management Grant Form 364 GRANT NAME: EMPG-ARPA Grant AGREEMENT# G0310 AMOUNT OF GRANT: $ 13,926.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3947 1. How long is the grant for? 12 months Starting Date: July 01, 2021 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% 5. Grant match amount required $ 13.926.00 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EM Budget (208)- 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizingthe grant funds? Yes X No If yes, please list. (If additional space is neededplease attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages PT N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: July 20, 2021 365 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year S N/A S N/A N/A N/A Fourth Year S N/A N/A N/A N/A Fifth Year N/A N/A N/A N/A Signature of Preparer: Date: July 20, 2021 365 AGREEMENT NUMBER: G0310 FEDERALLY -FUNDED SUBAWARD GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT -AMERICAN RESCUE PLAN ACT (ARPA) 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non -Federal entity . receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.33: Sub -Recipient's name: Sub -Recipient's unique entity identifier (DUNS): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: INDIAN RIVER COUNTY 0792078989 EMA-2021-EP-00006 October 1, 2020 7/1/2021 — 6/30/2022 $13,926.00 $13,926.00 Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards as authorized by Section 662 of the Post -Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. � 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-2881 (42 U.S.C. 66 5121 et seg.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. 68 7701 et seg.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. 6& 4001 et seg.). Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listings Number: Whether the award is Research & Development: Indirect cost rate for the Federal award: Department of Homeland Security (DHS). Federal Emergency Management Agency (FEMA), and Grant Program Directorate (GPD) Florida Division of Emergency Management Chanda Jenkins (850)815-4342 97.042 No (N/A) 366 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and INDIAN RIVER COUNTY, (hereinafter referred to as the "Sub -Recipient "). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." B. As defined by 2 C.F.R. §200.74, "pass-through entity' means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." C. As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." D. As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." E. As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass- through entity." THEREFORE, Division AND Sub -Recipient agree to the following: (1) SCOPE OF WORK (a) Sub -Recipient shall perform the work in accordance with Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this agreement. (2) INCORPORATION OF LAWS, REGULATIONS, AND POLICIES (a) Sub -Recipient and Division shall be governed by all applicable State and Federal laws, rules, and regulations, including, but not limited to, those identified in Attachment E, Program Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. §200.302 states in part: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." (3) PERIOD OF AGREEMENT (a) This agreement period will begin on July 01, 2021, and will end on June 30, 2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. 367 (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub -Recipient for allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $13,926.00, subject to legality of the expenditures, availability of funds, and appropriate budget authority. (b) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub -Recipient within the first ninety (90) days of the term of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included with this Agreement as indicated in Attachment B, Justification of Advance Payment. Attachment B must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (c) . As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient , which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." (d) In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (e) As required by section 215.971(2)(c), Florida Statutes, the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. (5) REPORTS Sub -Recipients shall provide Division with all required Reports, as set forth in Exhibit 1 — Audit Requirements, to this agreement. (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. 368 (c) The Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment A (3)). The necessary forms for completing Quarterly Reports are located in Attachment G, Reporting Forms. (6) MONITORING (a) Sub -Recipient is responsible for and shall monitor its performance under this Agreement. Sub -Recipient shall monitor the performance of its contractors, consultants, agents,, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (7) SUBCONTRACTS (a) Sub -Recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract includes the following requirements: Contractor is bound by all applicable State and Federal law and regulations; Contractor shall indemnify and hold Division and Sub -Recipient harmless against all claims of whatever nature arising out of or related to the contractor's performance of under this Agreement, to the extent allowed by law; and iii. Prior to entering into a contract with any contractor to be paid from funds from this Agreement, Sub -Recipient shall submit to Division a completed Attachment C, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. (8) AUDITS 369 (a) Sub -Recipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." (b) Sub -Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings through ligation or otherwise. (c) If Sub -Recipient's expenditures of State of Federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - Recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and audits of Federal awards conducted in accordance with Subparagraph (c) above. (9) LIABILITY (a) Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals within carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT 370 If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: (a) Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; (c) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, (d) The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: 371 Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Sub -Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. 372 (13) PROCUREMENT (a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. 373 (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: L Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319, the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: Place unreasonable requirements on firms in order for them to qualify to do business; Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; 374 equivalent; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. Q) The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e., competitive proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at htti)s://www.fema.gov/media-library-data/l569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf 2019 PDAT Contract Provisions Template available at https://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf 375 (14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 — Audit Requirements Exhibit 2— Funding Sources Exhibit 3— Single Audits Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Mandatory Contract Provisions Attachment G — Certification Regarding Lobbying Attachment H — Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. All notices provided by Sub -Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Chanda Jenkins FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 376 (850) 815-4342 Chanda.Jenkins@em.myflorida.com (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact N. Karla Brown FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4357 Naytoyla.Brown@em.myflorida.com (d) The name and address of Representative of the Sub -Recipient responsible for the administration of this Agreement is: Name Erin Baskins Title: Staff Assistant IV Address: 4225 43rd Avenue Vero Beach, Florida 32967 Phone: (772) 226-3859 Email: ebaskins@ircgov.com (e) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (16) PAYMENTS (a) Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Justification of Advance Payment as Attachment B. Justification of Advance (Attachment B) will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. 377 (c) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (17) REPAYMENTS (a) All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the , release of the Division from all its obligations to the Sub -Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. 378 (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(f)(ii) of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (g) If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. (h) In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. (i) The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. Q) If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. 379 (k) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes., or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (c) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (d) The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 380 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. If this subgrant agreement amount is $100,000 or more, the Sub - Recipient, and subcontractors, as applicable, shall sign Attachment L — Certification Regarding Lobbying. (20) COPYRIGHT, PATENT, AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. (a) If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such 381 property exists. The Division shall then, under Paragraph (20)(b), have the right to all patents and copyrights which accrue during performance of the Agreement. (d) If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION (a) The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (22) STATEMENT OF ASSURANCES (a) The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS (a) As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient 's personnel for the purpose of interview and discussion related to such documents. (c) As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by4 the Sub -Recipient shall retain sufficient records to show its compliance with the 382 terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of 3 years from the date of submission of the final expenditure report. The following are the only exceptions to the 3 -year requirement: i. If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (d) In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. (e) In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (g) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine 383 Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. (h) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated -by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (i) The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A) and all other applicable laws and regulations. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION 384 (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) EQUAL OPPORTUNITY EMPLOYMENT (a) In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such.grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 385 iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (viii) 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) The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. (c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it 386 will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient ; and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI -KICKBACK ACT (a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts.. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 291C.F.R. § 5.12. (29) CONTRACT WORK HOURS AND SAFETY STANDARDS (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours 387 in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (31) SUSPENSION AND DEBARMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (32) BYRD ANTI -LOBBYING AMENDMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: 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. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment L — Certification Regarding Lobbying. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. 389 (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 390 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the last date set forth below. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and Title Date: 59-6000674 Federal Identification Number 0792078989 DUNS Number G0310 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Division Director Date: 391 FY 2021-2022 EMPG-ARPA AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub -Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Sub -Recipient's may have related to the grant. Sub -Recipient's will be monitored programmatically and financially by Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Sub -Recipient's will receive monitoring from Division once per year. If an on-site visit cannot be arranged, the Sub -Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Sub - Recipients are demonstrating non-compliance. (a) The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in the Proposed Budget Detail Worksheet Attachment A (2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment A(3)). (b) In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 392 AUDITS The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. in accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non-compliance. (a) The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. (b) The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi (d) The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: 393 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than thirty (30) days after the end, of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31; and June 30: (c) The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to. the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment A (3)). 394 FY 2021-2022 EMPG-ARPA AGREEMENT EXHIBIT 2 - FUNDING SOURCES I. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. C.F.R. 200, Uniform Administrative Requirements for Federal Grants 2. Appendix "H", FEMA Preparedness Grants Manual, FEMA Grant Program Directorate, dated February 2021 3. The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant Program (EMPG) STATE RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A 395 FY 2021-2022 EMPG-ARPA AGREEMENT EXHIBIT 3 - SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSinale Audit(cDem.mvflorida.com. Sub -Recipient: INDIAN RIVER COUNTY FEIN: 59-6000674 Sub -Recipient's Fiscal Year: 2021 Contact Name: TAD STONE Contact's Phone: (772) 226-3947 Contact's Email: TSTONE@IRCGOV.COM 1. Did Sub -Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement.(e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and the Florida Division of Emergency Management (FDEM)? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Sub -Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub -Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and Division? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes [-]No If yes, Sub -Recipient certifies that it will timely comply with all applicable single or program - specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Sub -Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 396 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY The EMPG-ARPA Program contributes to the implementation of the National Preparedness System by supporting the building, sustaining, and delivery of core capabilities. The intent of the EMPG-ARPA Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. Sub -Recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration II. SUB -RECIPIENT RESPONSIBILITIES Sub -Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. Each Emergency Management staff person must work the number hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. TASKS AND DELIVERABLES: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. TASK 1: MATCH A. QUARTERLY MATCH The EMPG-ARPA agreement has a requirement of 50% Federal share and 50% Sub -Recipients share of the total award amount. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet matching requirements, the Sub -Recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal, requirements and regulations. Note: An Interim Final Rule indicates that Treasury's ARPA funding is being treated as a grant, nd as such cannot be used for cost share purposes. Other Restrictions on Use Payments from :he Fiscal Recovery Funds are also subject to pre-existing limitations provided in other Federal statutes and regulations and may not be used as non -Federal match for other Federal programs ivhose_statute or_regulations bar the use of Federal funds to meet matching requirements1 In order to demonstrate successful completion of task 1 for quarter 1-4, the Recipient must submit the following items in the Division's Salesforce system: 397 DELIVERABLES • Provide Quarterly Match Form 3A to identify the non-federal match amount; Reporting. Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Invoices, receipts, paystubs, certified timesheets, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. TASK 2: OPERATIONAL COORDINATION The EMPG-ARPA grant program is intended to support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary to prepare for incidents that pose the greatest risk to the State of Florida and the Nation's security. EMPG intent is to build and sustain an integrated network of national capabilities across all levels of government and the whole community. Disparate governance structures must be integrated and refined to ensure resources are targeted to support the most critical needs of a community based on risk -driven, capabilities -based planning. Strong and inclusive governance systems better ensure that disparate funding streams are coordinated and applied for maximum impact. In order to demonstrate successful completion of task 2 for quarter 1-4, the Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES • Conduct Quarterly meetings with your whole community, i.e., fire, law enforcement, health and health care coalitions, public works, public and private sector, and Volunteer Organizations. • Attend Quarterly Emergency Management meetings hosted by the Regional Coordination Team Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Meeting minutes, sign -in sheets 398 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 EMPG-ARPA Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be.reimbursed for any plans that are not approved. EMPG-ARPA Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans Planning Costs Supporting Documentation: • Copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. B. ORGANIZATION EMPG-ARPA Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits are allowable costs with EMPG-ARPA Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits ■ Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). ■ Position descriptions for funded EMPG personnel and any position being used as match; • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) 399 • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services ■ Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division: Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement ■ Major repairs to the County Emergency Operations Center (Need prior EHP approval) ■ Central Heat/Air (Need prior EHP approval) ■ Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) ■ Security Improvements (i.e., Cameras and equipment to operate) ■ Generators and Installation (Need prior EHP approval) Maintenance and Sustainment: The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG-ARPA Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-library/assets/documents/32474. Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Expense items need to have copies of invoices, receipts and cancelled checks; credit card statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks (:Form 1B) is due every quarter with the quarterly financial report. This is to.identify emergency management personnel, all EMPG-ARPA funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. 400 C. EQUIPMENT Allowable equipment categories for the EMPG-ARPA Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles can be procured in order to carry out the responsibilities of the EMPG-ARPA Program. If. Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG-ARPA. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Equipment Acquisition Costs Supporting Documentation. • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. Unauthorized Equipment - Related Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. 401 D. TRAINING EMPG-ARPA Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). Training should foster the development of a community -oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-ARPA funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP, all EMPG-ARPA -funded personnel (including full - and part-time state, local, tribal, and territorial (SLTT) recipients and Sub -Recipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version) AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre -requisites and Courses IS -120.a An Introduction to Exercises IS -100 (any version) Introduction to the Incident Command System IS -230.d Fundamentals of Emergency IS -700 (any version) National Incident Management Management System (NIMS)-An Introduction IS -235.b Emergency Planning IS -800 (any version) National Response OR Framework, An Introduction IS -240.b Leadership and Influence IS -230.d Fundamentals of Emergency Management IS -241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS -242.b Effective Communication E/1_102 Science of Disasters E/1_103 Planning Emergency Operations IS -244.b Developing and Managing Volunteers L-146 HEEP E/1_105 Public Information & Warning Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses • Attending other FEMA -approved emergency management training • State -approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from 402 the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. When conducting an exercise that shall include meals for the attendees, the recipient.shall submit a request for approval to the Division no later than 25 days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training -related costs include the following: Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities; materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual. compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work maybenefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive. research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. 403 For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended.for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters.overnight. Class C allowances are currently not authorized for reimbursement. 404 Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 a , Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see httgs://www.gsa.gov/aortal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG-ARPA activities: Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient 's written travel policy; and participation of the individual in the travel is necessary to the Federal award. 405 E. EXERCISES Exercises.conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current Integrated Preparedness Program (IPP) developed through an annual Integrated Preparedness Program Workshop (IPPW). Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub. -Recipients are encouraged. to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the Sub -recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of.Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise - Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; 406 • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. Exercise Costs Supporting Documentation • Copies of contracts, MOUS or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). F. MANAGEMENT AND ADMINSTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. II. OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Sub -Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of application. Sub -Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (EHP) COMPLIANCE As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all.activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipient's proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 407 library/assets/documents/90195, and further EHP guidance can be found at htti)s://www.fema.gov/media- li brary/assets/documents/118323. C. CONSTRUCTION AND RENOVATION Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the State Administrative Agency are allowable under the EMPG-ARPA Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG-ARPA Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG- APRA grants.gov posting) to their Regional EMPG-ARPA Manager for review. Additionally, recipients are required to submit a SF -424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to Grants Program Directorate (GPD) prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfo(@fema.gov. EMPG-ARPA Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis - Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: https://www.dol.gov/whd/govcontracts/dbra.htm In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not :clearly meet the allowable expense criteria established in this Guidance. D. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Sub -Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. E. FINANCIAL CONSEQUENCES 408 If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant -American Rescue Plan Act (EMPG- ARPA) is intended for use by the Sub -Recipient to perform eligible activities as identified in the Fiscal 409 Year 2021 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this.Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES SUB -RECIPIENT: INDIAN RIVER, COUNTY OF AGREEMENT: G-0310 1. PLANNING 2. ORGANIZATION 3. EQUIPMENT $ 4. TRAINING 5. EXERCISE 6. MANAGEMENT AND ADMINISTRATION 7. TOTAL AWARD $13,926.00 FY 2021-2022 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Utilities (electric, water and sewage) Service/Maintenance agreements Supplies/Materials Memberships 410 Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21 GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill 411 TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration -Costs (Up to 5% of total award Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $13,926.00 REVISION DATE: 412 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Sub -Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than 30 days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 Aril 30 April 1 through June 30 July 30 A. The Quarterly Tasks Form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. The . necessary reporting forms are found in Attachment G, Reporting Forms. B. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required. The Sub -Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable (i.e. invoices, cancelled checks, earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost -matching requirements must be in accordance with.2 C.F.R. 200.306. To meet matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e., invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). D. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. 413 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an.advance, indicate same by.checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2021 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE -ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE-BY-CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official FY 2021-2022 EMPG-ARPA AGREEMENT 414 ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND COLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient,. certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.. (2) Where the Sub -Recipient 's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -Recipient's Name Division Contract Number 415 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Sub -Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Sub -Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Sub -Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Sub -Recipient. All bids or offers may be rejected when it is in the Sub -Recipient's interest to do so. 416 Codes of Conduct. Sub -Recipient warrants the following: (1) The Sub -Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Sub -Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( ) to Licensing and Permittinq All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub -Recipient. 417 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal. employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 418 10. It will comply, and assure the compliance of all its Sub -Recipient's and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 419 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT F MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required: Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not 420 apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. . (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-76711q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must 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 must 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 non -Federal award. (J) See § 200.323 Procurement of recovered materials. (K) See §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff. 11/12/2020). Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. 421 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT G CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required. because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee, of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 422 FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT H - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -AMERICAN RESCUE PLAN ACT (ARPA) 2021-2022 EMPG-ARPA REPORTING FORMS 2021-2022 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INC LUDE:.DIVISION Form 1A - Quarterly Financial Report, DIVISION Form 1B - Quarterly Tasks, DIVISION Forms2A & 213 Detail of Claims and DIVISION Form 6 -Time and Effort (if applicable). 11. These fortes are to be submitted to the Division each quarter. 2. Complete Division Form 1A - Quartedy Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a descriptive narrative outlining quarterly progress, events, delays in the section provided. 3. Complete Division Form 1 B - Quarterly Tasks to support that deliverables and tasks are being completed as required throughout f the period of performance, sign and date. I�4. The Division Form 2A - Detail of Claims & Division Form 2B - Detail of Claims (Salaries & Fringe) fortes mu accompany the Division Form 1A - Quarterly Financial Report each quarter. 5. The Division Form 1A - Quarterly Financial Report form must be signed by the grant manager or someone with equal authority. 6. Deliverables and Claims for reimbursement may be submitted via Salesforce or by email to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Atte: (Division Grant Manager) Division Form 3A - Quarterly Match: r1.rT The 2021-2022 EMPG-ARPA agreement has a match requirement of 50% Federal share and 50% Sub -Recipient share of the total award amount. The Division Form 3A - Quarter Match Form shall be submitted to the Division each quarter to identify non-federal match amount. The Sub -Recipient must provide supporting documentation of matching funds (.e. invoices, cancelled checks, credit card statements, earning statements, payroll registries, etc.), if using funds other then EMPA expenditures claimed for reimbursement. Cost -matching requirements shall be in accordance with 2 C.F.R. part 200.306. Match contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with applicable Federal Division iForm )1- Sfhffind i9etail: IF 1. List EMPG-ARPA funded Emergency Management Agency staff. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution amount or percentage in each applicable column: local, state. federal, etc. This form is due with Quarter 1 submission or no later than October 30, 2021, whichever occurs first. Please provide the Division updates to this form as necessary. 12. Along with the Division Form 4 - Staffing Detail, please provide position descriptions for EMPG-ARPA funded staff. �3. Along with the Division Form 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special pay to be claimed through the grant. Division Form 5 - Close Out Report: 1. The Division Form 5 - Gose Out Report is due within sixty (60) days after the period of agreement ends. The 2021-2022 EMPG- ARPA agreement has a match requirement of 50% Federal share and 50% Sub-Recipinent share of the total award amount. If the the EMPG-ARPA award is matched with EMPA and/or are less than the EMPA award, no additional back-up/supporting documentation is needed to be provided to the Division. However, if the EMPG-ARPA award exceeds the EMPA award, or if the Sub -Recipient is not using EMPA expenditures for match, the appropriate back-up/supporting documentation shall be provided to the Division along with the Form 5 - Gose Out Report (i.e. invoices, reciepts, cancelled checks, credit card and bank statements, earning statements, paystubs, etc.). �2. The agreement cannot be considered closed until the DiNsion Form 5 - Gose Out Report has been received and approved by the Division. Division Form 6 -Time and Effort: 1. Provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort. The form must account for 100% of the hours claimed for reimbursement each quarter. Training and Exercise Requirements for EMPG-ARPA funded personnel 1. All EMPG-ARPA funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, FEMA Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the FEMA Independent Study courses identified in the FEMA Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other designated location. Participation in at least three (3) exercises for funded EMPG-ARPA personnel during the Required documentation to support project expenditures: ' 1. Sub -Recipients shall maintain a grant/financial file with copies of supporting documentation for all paid project/program expenditures claimed during the grant period. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation includes copies of purchase orders and paid wuchers, paid invoices or cancelled checks, timesheets and payroll wuchers, journal transfers, credit card and bank statements, etc. These documents should be submitted when requesting reimbursement. '2. All claims for reimbursement shall be submitted on the approved Division Quarterly Financial Reporting forms. Claims not submitted on the proper forms or that are unsupported by proper documentation will not be processed and will be returned for additional support. �3. Please ensure that the documentation submitted for review is legible: _ Al '4• Please verify form calculatiorU�ll:r a 292 sEGMPdpi; l v� k91EN 0ler. A l l AL MIVItN I h— KtF'UK I IIVCv 1-UKMJ 423 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT -ARPA DIVISION FORM 1A -QUARTERLY FINANCIAL REPORT AGREEMENT # CLAIM #: 1 AWARD AMOUNT: QUARTER #: 1 SUB -RECIPIENT) COUNTY:! ! REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) ADDRESS:! 1 - July 11_SepL 30, 2021 (Form are due no later than October 30) 2 - October 1 - Dec. 31, 2021 (Form are due no later than January, 30) 3 - January. 1 - March 31, 2022 (Form are due no later than April 30) POINT OF CONTACT: 4 - April t - June 30, 2022 (Forms are due no later than July 30) PHONFJEMAIL:! I EMPGARPAALLOCATIONCATEGORIES BUDGETED Q1 CLAIMQ2 ALLOCATIONS CLAIM 03 CLAIM Q4 CLAIM CUMULATIVE REMAINING EXPENDED FUNDS BALANCE 1. PLANNING $0.00 $0.00 $0.00 2. ORGANIZATION $0.00 $0.00 $0.00 3. EQUIPMENT $0.00 $0.00 $0.00 4. TRAINING $0.00 $0.00 $0.00 5. EXERCISE $0.00 $0.00 $0.00 6. MGMT AND ADMIN (up to 55/6) $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AMOUNT OF REIMBURSEMENT FORTHIS CLAIM: "By signing this report, I certify to the best of ny know ledge and belief that the report is true, cornplete, and accurate, and the expenditures, disbursements and cash Irecapts are for the purposes and objectives set forth In the terrm and conditions of the Federal award. I amaware that any false, fictitious, or fraudulent inforrmfion, or the onission of any material fact, my subject rte to crkrinal, civil or administrative penalties for fraud, false statements, false claims or otherw Lse. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801 812)." SIGNATURE: AUTHORIZED REPRESENTATIVE DATE 1 17 - QUARTERLY STATUS REPORT Please report EM acltdlies, meetings, training, exercises or other necessary information to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION f AWARD AMOUNT DIVISION DATE RECBV ® STAMP PRIOR CLAIMS THIS CLAIM AMOUNT BALWW24XM 2 EMPG-ARPA AGF MEM ENT ATTACHMENT H - REPORTING FORMS 424 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT - ARPA DIVISION FORM 1 B -QUARTERLY TASKS SUB -RECIPIENT: QUARTER: 1 July 1 -Sept. 30 ��—— Professional EMPG-ARPA Emergency Management NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Development OR relational Emergency Personnel Series Management Basic Acaderrry EM Employee Name & Position Title of Of I rr 0� X rr W tr tr X X tr rr rr of of tY M F F F F F F F F F F F i— F F F F F i— F F a a a a a a a a a a a a a a a a a s a a F F F- F a a a a ENTER DATE COMPLETED I DELIVERABLES/TASK REQUIREMENTS _ QTR 1 QTR 2 QTR 3 QTR 4 COMMENTS T1: Submit Division Form 3A - Quarterly Match to identify the non _ federal match amount. For those sub -recipients using local funds, Useforexplanalion that supporting documentation is required with the form to support supports Training & Exercise match amount reported (Due Q1 -Q4) progression. T2: Provide meeting minutes and sign -in sheets for 1) Quarterly meetings conducted with your whole community and 2) Quarterly Emergency Management meetings attended that were hosted by the Regional Coordination Team (Due Q1 -Q4) "By signing this report, I certify to the best ofmy knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash (f receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission ofany material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: t TITLE: 1 I I ##1 DATE: FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT H —REPORTING FORMS 425 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -ARPA DIVISION FORM 2A- DETAIL OF CLAIMS SUB -RECIPIENT: INCURRED DATE RANGE: Example: duly 1 through Sept. 30, 2021 Please use separate DhAsion Form 2A - Detail of Claims per allocation category. Please protide FEMA AEL numbers for EQUIPMENT expenditures ONLY. Please provide a budget reusion to the Division along with this form, if expenses being claimed are not allocated on the most recently approved budget. Please Include the Costs Incurred Date Range in the applicable cell above. This is usually the quarterly period; however, a Sub -Recipient may Incorporate a larger date range to include a forgotten claim for reimbursement for a payment made the previous quarter (within the period of the agreement). This allowance does not circumvent the four (4) requlred reporting submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY:F PLANNING i DATE OF PAYMENT PAYMENT PURCHASE -FEMA AEL# It VENDOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE .REFERENCE # (NA t equipaoatwas rot • OR EXPENSE (�#. P0. �, JT) AMOUNT purchased) 4wlude full dam 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL 5 "By signing this report, I certify to the bell ofmy knowledge and beliefthat the report is true, complete, end accurate, and the expenditures, disbursements and Cash receipts are for the purposes and objectives set forth in the terms and conditions ofthe Federal award. l am aware that any false, fictitious, or fraudulent Information, or the omission ofany materiel fact, may subject me to criminal, GNI or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Titte 18, Section 1001 and 711le 31, Sections 3729-3730 and 3901-3812).- 1 SIGNATURE:. r AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE:( PT LUCI-LULL tMt'Cs-AKF'A AUKttMIhNl ATTACHMENT H -REPORTING FORMS 426 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - ARPA DIVISION FORM 2B - DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS SALARY DERNITION: The cash compensation for services rendered bya regular employee in an established position fora specific period of time. SUB -RECIPIENT: I CLAIM#: l ( I I I I DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note: tt this claimincludes Incentives or special pay, please provide FDB4w ith the w ritten established policy for support. l I l l I I EM EMPLOYEE NAME EM POSITION TITLE %OF TIME CHARGED TO EMPG SALARY FRINGE BENEFITS 1 Example: Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS $ 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 `By signing this report, 1 certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. l am avere that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U. S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801 -3812). - SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE] DATE] ` I FY 2021-2022 PG -A PAI G EE E 1 ATTACHMENT H - REPORTING FORMS 427 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021.2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - ARPA DIVISION FORM. 3A_0uarterly Match SUB -RECIPIENT: CLAIM #: 1 QUARTERLY REPORTING PERIOD: July 1 - Sept. 30 I I I 1. The 2021-2022 EMPG-ARPA agreement has a match requirement of 50 % Federal share and 50% Sub -Recipient share ofthe total award amount Each quarterthe Sub -Recipient must Identifythe non-federal match amounton the Quarterly Match Fonn 3A 2. If the EMPG-ARPA funds are being matched with 2021-2022 EMPA claimed expenditures, no additional back-up/supporting documentation is required to be submitted with this form. S. Ifthe 2021-2022 EMPG-ARPAaward exceeds the 2021-2022 EMPA award, or if the Sub -Recipient is not using EMPAclaimed expenditures to fulfill the EMPG-ARPA match requirement, appropriate back-up/supporting documentation must accompany this form to support fulfillment of the required match (i.e. invoices, receipts, paystubs, earning statements, cancelled checks, creditcard and bank statements, etc. . I i i I I i EMPG-ARPA REPORTING AWARD AMOUNT:$ 80,000.00 EMPG•ARPA QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $80,000.0 QUARTER 2 $0.00 $80,000.00 QUARTER 3 $0.00 $80,000.0 QUARTER 4 $0.00 $80,000.00 TOTAL EMPG CLAIMS I I$0.00 EMPA REPORTING AWARD AMOUNT: $ 105,806.00 EMPA QUARTERLY CLAIM - CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $105,806.00 QUARTER 2 $0.00 $105.806.00 QUARTER 3 $0.00 $105,806.00 QUARTER 4 $0.00 $105,806.00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ 40,000.00 EMPA LOCAL General Revenue LOCAL Other OTHER Non -Federal QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 —TOTALI $0.00 $0.00 $0.00 $0.00 TOTAL MATCH $0.00 "By signing this report, I certify to the best of my knowfedge and belief that the report is true, complete, end eccurete, end the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award. I em aware that any false, fictitious, or fraudulent information, or the omission of any materiel fact, may subject me to criminal, civil or administrative penalties for fraud, (else statements, false claims or otherwise. 1f jS. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-9812)." SIGIJATl1RE AUTHORIZED REPRESENTATIVE PRINTED NAM E TITLE DATE. 428 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT -ARPA DIVISION FORM 4 -STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB-RECIPIENT: FL County POINT OF CONTACT: JPHONEIEMAILJ 12344.1-1234 EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL TOTAL M Employee Name, Position Title # $ HrsJWeek Total Salaries Devoted to & Benefits EMActivities by Position [ll 2 [3) % County General Fund (Local) [4 % $ % $ EWA EWA EMPG- EMPG- Base Grant Base Grant ARPA ARPA (Slate) (State) (Federal) (Federal) [5)161 M 1819 % % Other Total State or Federal All Funds Funds 10 1 EXAMPLE: John Smith, Planner 40 $ 40,000.00 0% 50% $20,000.00 50% $ 20,000.00 0% 100% 2 $ $ 0% 3 $ $ 0% 4 $ $ 0% 5 $ $ 0% 6 $ $ 0% 7 $ $ 0% 6 $ Is 0% 9 $ $ ooh 10 $ - $ - 0% 11 $ $ 0% 12 $ $ 0% 13 $ $ 0% 14 $ $ 0% 15 $ - $ - 0% 16 $ $ 0% 17 $ $ 0% 18 $ $ 0% 19 $ $ 0% 20 $ $ 0% TOTAL $20,000.001 1 $ 20,000.00 DIRECTIONS: 1. In Column #1, list the name of Emergency Management staff. 2. In Column #2, enter the amount of anticipated hours worked per week or grant related acWties or each EM position. 3. In Column #3, list total anticipated annual amount of Salades and Benefits to be paid or each EM position. 4. In Columns #4-9,pmNde the funding distribution (% or $)in each applicable column. 5. Column #10 calculates the sum of percentages entered in Columns 4 -. 9 and must equal 100% of the anticipated annual salades and benefits per EM position. 6. Please protide to the DiNsion updates or reNsions to this orm throughout t theperiodof agreement__.as necessary. ' W I FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT H - REPORTING FORMS 429 FLORIDA DIVISION OF EMERGENCY MANAGEMENT . 2021.2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - ARPA DIVISION FORM 5 - CLOSE-OUT REPORT Division FORM 5.- CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the period of performance ends The 2021-2022 period of performance ends on June 30, 2022. Division FORM 5 is due by August 30, 2022. SUB-RECI PI ENT: AGREEMENT p: POINT OF CONTACT: EMPG AWARD AMOUNT: $ PHONEIEMAIL: UNCLAIMED BALANCE: $ REMURSMOM FOBJ® BY THESUB-RECIPIBJi (hckide any advanced funds and final requested payment) ALLOCATION CATEGORES STE10I111M - DATE AMOUNT 1. PIANNPIG $ - 1 $ _ 2. ORGANIZATION $ _ 2 $ _ 3. EOUPMENT $ - 3 $ _ 4. TRA PANG $ - 4 $ _ 5. DQ32CISE $ - 5 $ _ O. MANAGEMENT AND AOklt• $ - 5 $ _ AWARD AMOUNT $ (LESS ADVANCED FUNDS) $ (LESS REIMBURSEMENTS) $ - 1 UNCLAIMED BALANCE OF AWARD $ The 2020-2021 EMPG-ARPA agreement has a match requirement of 50% Federal share and 50% Sub-Recipient share of the total award amount. If the EMPG-ARPA award is being matched with EMPA, no additional back-up/supporting documentation is needed to be provided to the Division. If the EMPG-ARPA award exceeds the EMPA award or using local funds for match, the appropriate back- up/supporting documentation for the match fulfillment shall be provided with this forth (i.e. invoices, cancelled checks, earning statements, payroll registries, with amounts clearly identified). EMPA LOCAL General Revenue LOCAL Other OTHER Non -Federal TOTAL MATCH J J I i t I, �• SIGNATURE REQUIRED _1 I--- J-- T-- --r— "By signing this report, I certify to the best of my knowledge and bel/ef tha t the report Is true, complete, and accurate, and the e.ienditure; disbursements and cash receipts are for the purposes and objectivesset forth In the terms and conditions of the Federal award.I am aware that any fa/se, fictlt/ous, or fraudulent Information, or the omission ofany material fact, may subject me to criminal, civil or administrative penalties for fraud, false statement; false claims or otherwise. (U.S. Coda Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME AND TITLE:• Refund and/or final Interest checks are due no later than ninety (90) days after the expiration of the Agreement. Make checks payable to: Cashier, Florida Division of Emergency Management Mail to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399.2100, Attn: (Division Grant Manager) BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE: 11 Division Grant Manager SIGNATURE AND DATE: Division Programmatic Reviewer I FY 2021-2022 EMPG-ARPA AGREEMENT ATTACHMENT H -REPORTING FORMS 430 FLORIDA DIVIIION AK EMERGENCY MANAGEMENT 2021.2022 EMERGENCYY MANAGEMEM PERFORMANCE GRAM • ARPA OIVISION FORM 9 -TIME AND EFFORT This form Is required to accompany mimbureement claims for selartes charged to the grant By s/gnirg rh19 report ! cmfl/y ro Ino bwr o7 mY M1roWodge arM belief Naf the ropai u frac, compbfo, and rccwato, and rhe oapendlruroa, crabrmmnome mW cash mcalprs on, for the pmposas and ob(ecrhos sol Iodh 'ln rhe temp ernd candiflana al rho Federal_(U. tad. IC -0d. mn elate Nei /also, Ml/flea, v —S- mudulonf !nlen, o- rho cmisaion of any mato-ial fact, may aab/ect mo to eH.Inaf, chIl or admrMSVatha pensfgos In, bead, �fsuo.11_W onts, Ioleo.!alma o1 .1h Wso. (U.S. Code TH1. 1A S_- gen 1001 and Tlrle 31, Socrlmu 3-72,913730 mid 3801-3812. 431 QUARTERLY REPORTING PERIOD: O.wbr I Dec—t— 31�0000©ao�oo©mooa�� d O® �aooa000�a©00000�� �a0000ao�ooa©000�� PERIOD ONE TOTAL 0 om �000©aoo�0000aoo�� a o0 00©0©000000©©©� ��0000000�oo©0000��, a ®o ■�00000©��o©a0000�� o mm By s/gnirg rh19 report ! cmfl/y ro Ino bwr o7 mY M1roWodge arM belief Naf the ropai u frac, compbfo, and rccwato, and rhe oapendlruroa, crabrmmnome mW cash mcalprs on, for the pmposas and ob(ecrhos sol Iodh 'ln rhe temp ernd candiflana al rho Federal_(U. tad. IC -0d. mn elate Nei /also, Ml/flea, v —S- mudulonf !nlen, o- rho cmisaion of any mato-ial fact, may aab/ect mo to eH.Inaf, chIl or admrMSVatha pensfgos In, bead, �fsuo.11_W onts, Ioleo.!alma o1 .1h Wso. (U.S. Code TH1. 1A S_- gen 1001 and Tlrle 31, Socrlmu 3-72,913730 mid 3801-3812. 431 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: July 21, 2021 SUBJECT: Addendums to Administrative Services Agreements — RxBenefits and Express Scripts effective January 1, 2021 and October 1, 2021 BACKGROUND: Effective May 1, 2018, Indian River County Board of County Commissioners approved a recommendation to carve -out the pharmacy benefit under the County's group health insurance program from Florida Blue and select Express Scripts as the pharmacy benefit manager. Administrative services for the pharmacy benefit are provided by RxBenefits. Annual addendums to the RxBenefits and Express Scripts are presented to include rebates and discounts as well as the terms for the upcoming plan year effective October 1, 2021 which were approved by the Board on May 4, 2021. Lockton has reviewed the addendums and provides the following highlights: Addendum Effective 1/1/2021: • This Agreement includes updated pricing that went. into effect 1/1/21 due to the RX Benefits contract with Express Scripts. • It maintains the deleted language pertaining to Mail Order patient copay liability as previously discussed and negotiated in the prior Agreements. • It aligns with the 2020 language on Rebates and Discounts. • It does not include pass-through expenses for eligibility verification (This version removes the Patient Eligibility Verification clause.). Addendum Effective 10/1/2021: • This Agreement includes the updated pricing negotiated through our contract negotiations — it would have gone into effect 1/1/22, so this is an earlier pricing improvement. • It maintains the deleted language pertaining to Mail Order patient copay liability as previously discussed and negotiated in the prior Agreements. • It aligns with the 2020 language on Rebates and Discounts. • It includes the pass-through expenses for eligibility verification. FUNDING: Funding for the pharmacy benefit is included in the health plan trust fund. 432 RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve and authorize the Board Chairman to sign the administrative services agreement addendums with RxBenefits after review and approval by the County Attorney. Attachments: Addendum 1/1/2021 Addendum 10/1/2021 433 (01/2021 Version) ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO. ADMINISTRATIVE SERVICES AGREEMENT, (this "Addendum"), entered into effective as of January 1, 2021 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. ("Administrator'), and Indian River County Board of County Commissioners ("Client"). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement"). 2. . Administrator and Client hereby execute this Addendum for the purpose of documenting that Exhibit A (Client Application) to the Agreement has been amended and restated to reflect, among other things, new pricing terms. Such amended and restated Exhibit A (Client Application) shall be attached and affixed to the Agreement as Exhibit A (Client Application) in lieu of the prior Exhibit A (Client Application) upon execution of this Addendum by the parties' authorized representatives below and shall be in full force and effect as said Exhibit A from and after the Addendum Effective Date. 3. Except for the amendment and restatement of Exhibit A (Client Application) effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect and is hereby ratified and. incorporated herein. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. . NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 434 (01/2021 Version) EXHIBIT A CLIENT APPLICATION January 1, 2021 [IMPORTANT — PLEASE READ CAREFULLY: Client should complete Section A and carefully review this Exhibit A, which has been completed by Administrator, in order to ensure the accuracy and completeness of such information. Client shall promptly notify Administrator of any inaccuracy or omission with respect to such terms and conditions, if applicable (including, without limitation, the Client Information in Section A).] A. INFORMATION ABOUT CLIENT Client's Name: Indian River County Board of County Commissioners Client's Mail Address: 1801 27th Street, Vero Beach, Florida 32960-3365 B.. PLAN DESIGN; MEMBER COST SHARE Member Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety (90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. Client agrees that it is responsible for Losses resulting from (a) any failure to implement Plan design changes which are not communicated in writing to Administrator, or (b) implementation of verbal or written direction regarding exception or overrides to the PDD. In addition, Client shall notify Members of any Plan design changes prior to the effective date of any such changes as required by applicable law. C. SERVICES: FORMULARY. 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this Exhibit A) (the "Base Administrative Services"), as applicable: • Administration of eligibility submitted via tape or telecommunication • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections 0 Annual analysis of program utilization and impact of plan design and managed care interventions • Welcome Package and ID Cards for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and representatives NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 435 (01/2021 Version) 2. Additional Administrative Services: Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under the program as follows: 2.1 Administrative Fees Administrative Services Fees Transaction Fees Payable for Administrative Services (per $0.65 per Prescription Drug Claim made Article IV.B of the Agreement) by Members payable on a bi-monthlybasis Transaction Fees Payable for Administrator's Clinical Advantage Program individual prices listed in table below $1.45 per claim Manufacturer Copay Assistance Programs Fees • Out of Pocket Protection Accumulation Not Elected • Out of Pocket Protection + Variable Copay Not Elected Assistance Program • SaveOnSP Not Elected • Out of Pocket Protection + SaveOnSP $0.40 per claim (Elected) Reviews and Appeals • Low Clinical Value Exclusions LCV $0.30 per claim (Elected) • High Dollar Claim Review HDCR $0.75 per claim (Elected) Initial Determinations (i.e. coverage reviews) and Level Included in the existing utilization One Non -Urgent Appeals for the Coverage Authorization management PMPM charge Program, consisting of: OR Prior Authorization Step Therapy Included in the existing PA charge of $55 Drug Quantity Management per initial determination* OR No Charge if Client elects HDCR Initial Determinations and Level One Non -Urgent Appeals $55 per initial determination for benefit reviews. Examples: copay review, plan OR excluded drug coverage review, administrative plan design No Charge if Client elects HDCR review. Final and Binding Appeals — Level Two Appeals and/or $10.00 per review* Urgent Appeals for UM, formulary, and benefit reviews. OR No Charge if Client elects HDCR External Reviews by Independent Review Organizations - for $800 per review non -grandfathered plans OR No Char2e if Client elects HDCR Miscellaneous Third PartyIntegration Fees Charges passed through from provider or mutually agreed upon by Parties The following terms and conditions apply only if client does not elect HDCR: ■ Initial determination — this is the first review of drug coverage based on the plan's conditions of coverage. Initial determinations are also referred to as initial reviews, coverage reviews, prior authorization reviews, UM reviews, or benefit reviews. ■ The Level 2 and Urgent Appeal Service is an optional service for Clients to enroll in and there is an incremental fee of $10 per initial determination. ■ Level 2 and Urgent Appeals are not included in the UM package fees. ■ The Level 2 and Urgent Appeal Service fee is not charged per appeal. It is charged for each initial review. This allows Client to better estimate their appeal costs since it is based on the number of NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 436 (01/2021 Version) initial determinations. The fees cover the legal and operational costs involved with handling final and binding appeal reviews, which includes, but is not limited to the following: staffing of clinical professionals and supportive personnel, notifications to patients and prescribers, and maintaining a process aligned with state and Federal regulations. Charges for the Level 2 and Urgent Appeal Service are billed on the monthly admin invoice for completed initial determination for UM, formulary, and benefit reviews. No subsequent charges are incurred when cases are appealed. Appeals can be deemed urgent at Level 1 or Level 2. Urgent appeal decisions are final and binding. If a Level 1 Appeal is processed as urgent, there is no Level 2 appeal. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 437 Comprehensive Consumer 1(CDH) Solution Technical $0.48 PMPM Bi-directional data exchange; dedicated operations; 24-hour a day, seven -days a week monitoring and quality control; *these charges would be in addition to any performance reporting; and analytics pricing adjustments if greater than ten Decision Support percent of Client's total utilization for all Dedicated CDH member services, Prescription Benefit Plans is attributable to a CDHC. Review Statements, Retail Pricing Transparency Member Adherence ScreenRx Preventive Medications Member Education Proactive, personalized member communications open enrollment tools and member communications library, robust online features, and preventive care proactive, personalized member communications ScreenRX for PPO Plans $0.25 PMPM (If Elected) Medicare Part i 1 Drug Subsidy1 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 437 (01/2021 Version) Part D subsidy enhanced service (ESI sends reports to CMS $1.12 PMPM for Medicare -qualified on behalf of Client) Members with a minimum annual fee of (i) Notice of Creditable Coverage $7,500 $1.35/letter+ postage Part D Subsidy standard service (ESI sends reports to $0.62 PMPM for Medicare -qualified Client) Members with a minimum annual fee of $5,000 A. Notice of Creditable Coverage $1.35/letter + postage Communication with physicians and/or members (e.g., $1.75/letter +-postage program descriptions, notifications, formulary compliance, .non -Medicare EOBs, etc. Medicare EOB $1.75/letter+ postage Custom non-standard materials Priced u)2on Reguest Electronic Pharmacy Benefit Eligibilitv Verification Eligibility confirmation of pharmacy benefit coverage shared with prescribers and other healthcare professionals through their Electronic Medical Records (EMR) or other digital channels. Pass-through charge to Sponsor at ESI's preferred rate with data switch such as Surescri ts. Miscellaneous Coordination of Benefits $0.01 PMPM, If Elected - Custom reimbursement formula - Setup and ongoing maintenance - Product support Formulary Services Fee $10,000 Implementation Fee + $0.05 - High Performance Formulary PMPM If Elected Medicare Part B Solution - Integrated Retail & Mail Program - $0.42 PMPM - Retail Only Program - $0.20 PMPM - Program Introductory Letter - $1.35/letter+ postage NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 438 (01/2021 Version) 2.2 Administrator Clinical ProLyrams If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. ■ If elected, Administrator's High Dollar Claim Review, Prior Authorization and Appeals program ("HDCR"), will provide Client with umbrella protection against high-cost prescription claims for approved NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRWTS AND RXBENEFITS 439 C. ':Additional Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan setup Standard coordination of benefits (COB) Software training for access to our on-line reject for primary carrier system(s) FSA eligibility feeds A. Network Pharmacy Services -Pharmacy help desk Pharmacy reimbursement -Pharmacy network management Network development (upon request) B. Home Delivery Services Benefit education Prescription delive — standard Reporting Web -based client reporting — Annual Strategic Account Plan report Ad-hoc desktop parametric reports Billing reports Claims detail extract file electronic CPDP format Inquiry access to claims processing system Load 12 months claims history for clinical reports and reporting Website Services Express-Scripts.com for Members — access to benefit, drug, health and wellness information; prescription ordering ca abilit • and customer service Implementation Package and TNlember Communications ■ New Member packets (includes two standard resin ID cards) ■ Member replacement cards printed via web (For hard- copy cards, charges are passed through from the PBM • Member -requested replacement packets or Client $1.50 + postage per packet or card requested re -carding Concurrent Drug Utilization Review (DUR) No Charge Overrides a. Sponsor -requested overrides b. Lost/stolen overrides c. Vacation supplies 2.2 Administrator Clinical ProLyrams If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. ■ If elected, Administrator's High Dollar Claim Review, Prior Authorization and Appeals program ("HDCR"), will provide Client with umbrella protection against high-cost prescription claims for approved NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRWTS AND RXBENEFITS 439 C. (01/2021 Version) formulary drugs. Prescription claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. o The following may apply to HDCR: ■ RxBenefits manages the clinical review process for high dollar. claims, providing oversight of the process. We communicate trends and savings results to clients through detailed reporting and analytics; ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; ■ If denied, the appeal process is available. o If HDCR is elected, the Administrator will also manage all other Prior Authorizations and Appeals. ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; ■ If denied, the appeal process is available. The appeal process: ■ If an initial review is denied, the Member may appeal the decision to have a different pharmacist reviewer evaluate the prior authorization. ■ If the denial is upheld upon first appeal, a second appeal may be made, which is completed in consultation with a peer physician reviewer from an Independent Review Organization. ■ If the denial is again upheld upon second appeal, a final appeal for a Federal External Review completed by an Independent Review Organization may be made. ■ If the denial is upheld by the final review, the appeal process has been exhausted and the decision is final and binding. Foundational Utilization Management ("UM"). UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate quantity limit ("QL") promotes FDA - approved dispensing guidelines by ensuring appropriate quantities are dispense. Step Therapy ("ST") ensures the most clinically appropriate item is used first as part of adhering to accepted guidelines. When faced with two similar agents, the lowest cost option is promoted first. Prior Authorizations ("PA") ensure FDA -approved guidelines with respect to indications are being met. Utilizing the PBM or customized criteria, RxBenefits has carved out the. QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that a client elect a standard Utilization Management Programs promoted by Administrator. NOTE: Client must have HDCR component in place to elect UM. The following may apply: o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours.; NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 440 (01/2021 Version) o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. ■ If elected, PBM's Manufacturer Assistance Program for Specialty Medications ("MAP'), consists of 1 or 2 components when available, dependent on the specific plan design: (1) Accumulator Protection using Manufacturer Copay assistance dollars to help lower member out-of-pocket costs and client costs where funds are not applied to member deductible and member out-of-pocket maximum totals; and (2) Accumulator Protection Plus Variable Cost -Share, where plan changes can maximize available assistance funds to offset plan costs and cover the members' cost -share but does not apply to their deductible and out-of-pocket maximum, yielding high savings potential, or Therapeutic Interchange Programs where the specialty pharmacy will move members to preferred agents in order to allow the usage of copay assistance funds from manufacturers. Requires exclusive specialty pharmacy relationship. o If elected, the SaveOnSP program is a benefit design change implemented by PBM in conjunction with a third -party vendor, SaveOnSP. Within the SaveOnSP program, certain specialty medications are classified as non-essential health benefits. This means that any funds spent on these drugs no longer apply to the members' accumulators. In addition, the targeted drugs are assigned higher copays. In all cases, SaveonSP helps the member coordinate manufacturer -sponsored copay assistance. SaveOnSP targets drugs in six of the top ten specialty categories. ■ If elected, PBM's Advanced Opioid ManagementsM program reaches out to physicians, pharmacists and patients at key touchpoints to minimize early exposure to opioids and to prevent patients from progressing to overuse and abuse. Patients will be required to start therapy with no more than a 7 -day supply of short-acting medications (with certain exceptions). Member Education will start at the first fill. Doctors will be notified at the point of care when specific signs of misuse and abuse are observed. 3. Pricing Terms. The financial terms set forth are conditioned on such exclusive arrangement and all other specified conditions set forth in Exhibit A of the Agreement. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of Brand Drug and Generic Drug pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined plan design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: ■ Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or, (iii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ If no adjudication rates are specified herein, each claim will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. The discounted ingredient cost will be the lesser of MAC (as applicable), U&C or the applicable AWP discount. Claims dispensed at ESI Mail Pharmacy will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. 3.1 Pricing. (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's Renewal NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 441 (01/2021 Version) Term (as described in Article VI(A) of the Agreement) that begins on or after the Addendum Effective Date. [1 -(total discounted AWP ingredient cost (including any retrospective pharmacy payments) but excluding dispensing fees and ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Discounted ingredient cost will be the lesser of MAC (as applicable), U&C or AWP discount. Notwithstanding anything herein to the contrary: (i) a Prescription Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates), as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Brand guarantee below; and (ii) a Prescription Drug Claim that processes at the Generic Drug rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates) above, as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Generic Drug guarantee below. The only Prescription Drug Claims that may be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" paragraph below in addition to claims dispensed in Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, Hawaii, Massachusetts, and Alaska,. All other Prescription Drug Claims may be included in the reconciliation of the guarantees. PARTICIPATING PHARMACY RETAIL MAINTENANCE NETWORK (84-90 DAYS' SUPPLY) MAIL SERVICE PHARMACY 84.50% 11'. • 11' Claims Excluded: OTC products (excluding insulin, diabetic strips, and test strips), compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee) biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). (b) Dispensing Fee. ESI will guarantee an average aggregate annual per Prescription Drug Claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable Prescription Drug Claims for the annual period. divided by total of applicable Prescription Drug Claims for the annual period which will represent the same underlying claims dataset used to calculate the "Ingredient Cost Guarantee" of this Exhibit A]. Dispensing fees will be calculated using the lesser of MAC (as applicable), U&C or AWP discount adjudication methodology. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 442 (01/2021 Version) PARTICIPATING BRAND $0.50 dispensing fee GENERIC $0.50 dispensing fee RETAIL MAINTENANCE O.(84-90 SUPPLY) BRAND $0.50 dispensing fee GENERIC PHARMACYMAIL SERVICE $0.50 dispensing fee BRAND $0.00 dispensing fee GENERIC $0.00 dispensing fee Claims Excluded: OTC products (excluding insulin, diabetic strips, and test strips), compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee) biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). Notwithstanding the foregoing, Administrator guarantees that Client will only be responsible for up to a twenty percent increase over the carrier rates of the previous calendar year. At Client's request, Administrator will reimburse Client for any payments made in excess of such twenty percent increase in carrier rates. Guarantees will be measured and reconciled on an annual basis. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the then current contract year (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such Partial Contract Year. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. Shortfall payments for financial guarantees, if any, will not be paid until this Agreement is signed. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement; over performance in any component will not be used to offset performance in any other measured pricing component. Notwithstanding anything in this Agreement to the contrary, the Generic average annual ingredient cost discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M;" "N," or "O" on the date dispensed, but was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand average annual ingredient discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and generic pricing may be subject to certain "dispensed as written" (DAW) protocols and Client or Plan defined plan design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. Notwithstanding anything in this Agreement to the contrary, any rebate guarantees set forth in this Agreement will be reconciled using ESI's proprietary brand/generic algorithm. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 443 (01/2021 Version) Any claim that is considered a single source generic will be included in the generic reconciliation. 3.2 Specialty Products (a) Exclusive Care. ESI: Specialty Pharmacy is the exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product rates shown below. Upon ESI Specialty Pharmacy acquisition of limited distribution products, Members will obtain prescriptions through ESI Specialty Pharmacy. * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESISpecialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. If ESI elects to bill Client's medical plan for ASES, Administrator will work with ESI to coordinate the invoicing and payment of ASES through Client's medical plan. If Client's medical plan will not cover the cost of ASES billed through ESI or ESI Specialty Pharmacy, Client shall be responsible for the costs of all ASES. If a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Administrator or a Client directly by ESI Specialty Pharmacy instead of being processed through ESI, Client will timely pay Administrator, and Administrator will timely pay ESI Specialty Pharmacy for such claim pursuant to the rates below. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN 1S CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 444 Inaredient Cost Dispensin-' Fee* Exclusive ESI Specialty See Exclusive Specialty Product List $0.00 Pharmacy Participating Pharmacy Specialty Participating Pharmacy Specialty $0.50 Products Product List * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESISpecialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. If ESI elects to bill Client's medical plan for ASES, Administrator will work with ESI to coordinate the invoicing and payment of ASES through Client's medical plan. If Client's medical plan will not cover the cost of ASES billed through ESI or ESI Specialty Pharmacy, Client shall be responsible for the costs of all ASES. If a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Administrator or a Client directly by ESI Specialty Pharmacy instead of being processed through ESI, Client will timely pay Administrator, and Administrator will timely pay ESI Specialty Pharmacy for such claim pursuant to the rates below. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN 1S CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 444 (01/2021 Version) T4erapetitic Class Brand Natiie Nursing & Per Diem Immune Deficiency All Immune Deficiency Drugs requiring $60.00 / Infusion Per Diem Enzyme Deficiency All Enzyme Deficiency Drugs required $60.00 / Infusion Per Diem Miscellaneous Specialty Duopa $65.00 / Day Conditions Miscellaneous Specialty Soliris $60.00 Infusion Conditions PAH Flolan, Veletri, Epoprostenol Sodium $65.00 / Day (generic-FlolanNeletri), and Remodulin PAH Ventavis $65.00 / Day PAH Tyvaso . $30.00 / Day Inflammatory Conditions Remicade $60.00 / Infusion Alpha 1 Deficiency All Alpha 1 Deficiency Drugs requiring $55.00/Infusion Per Diem Nursing Rates All drugs / therapies requiring nursing $150.00 per initial visit up to two (2) hours/$75.00 per additional hour or a fraction thereof (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. (d) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE - Administrator guarantees that the overall annual net effective discount for the products listed on the Specialty Products List will be as follows for Client (excluding limited distribution products). Exclusive AWP -21.00% Within one hundred and eighty (180) days following the end of each Contract Year, Administrator will calculate the actual net effective discount for the products listed on the Specialty Products List to determine if the guarantee has been met. If the actual overall net effective discount is less than the guaranteed net effective discount, Administrator will reimburse Client the full dollar amount of the difference between the actual and guaranteed net effective discounts. Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Products List) divided by (Total AWP for the products listed on the Specialty Products List)) mimes 1. This guarantee is contingent on Client's participation in the National Preferred Formulary or Basic Formulary and an exclusive specialty arrangement. 3.3 Vaccine Claims (NO VACCINE CLAIMS WILL BE INCLUDED IN ANY PRICING OR REBATE GUARANTEE SET FORTH IN THE AGREEMENT). (a) General Terms applicable to Vaccine Claims "Vaccine Claim" means a claim for a Covered Drug which is a vaccine. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 445 (01/2021 Version) 2. "Vaccine Vendor Transaction Fee" means the data interchange fee that ESI is charged by its third party vendor to convert Vaccine Claims submitted electronically by physicians to NCPDP 5.1 format in order for ESI to process the claim. 3. Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. In the case of Vaccine Claims, the U&C shall be the retail price charged by a Participating Pharmacy for the particular vaccine, including administration and dispensing fees, in a cash transaction on the date the vaccine is dispensed as reported to ESI by the Participating Pharmacy. 4. The Vaccine Administration Fee for Vaccine Claims for Members enrolled in Client's Medicaid programs, if any, will be capped at the maximum reimbursable amount under the state Medicaid program in which the Member is enrolled. 5. All Vaccine Claims will be subject to any Administrative Fees set forth in the Agreement. 6. Vaccine Claims will be charged a program fee of $2.50 per Vaccine Claim (except for Medicare Part D covered Vaccine Claims, if applicable). The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in this Agreement. (b) Commercial (Including Medicaid and Exchange, if applicable) (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 446 Participatin g Participatin-• 21 Member I Pharmacy OTHER INFI VACCINES (excluding foreign claims) Vaccine Pass -Through Pass -Through Administration (capped at $15 per (capped at $20 per Submitted amount Fee vaccine claim) vaccine claim Ingredient Cost Participating Pharmacy Participating Pharmacy Submitted amount Ingredient Cost as set Ingredient Cost as set forth in the Agreement forth in the Agreement Dispensing Fee Participating Pharmacy Participating Pharmacy Submitted amount Dispensing Fee as set Dispensing Fee as set forth in the Agreement I forth in the Agreement Administrative Administrative Fee per Prescription Drug Claim as Administrative Fee per Fee/Vaccine set forth in the Agreement Prescription Drug Claim Claim (plus manual claim administrative fee) as set forth in the Agreement Vaccine Program $2.50 per vaccine claim N/A Fee (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 446 (01/2021 Version) D. REBATES . 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: REBATES PER BRAND Rx FORMULARY: Participating NATIONAL PLUS NETWORK $195.00 per Brand claim RETAIL MAINTENANCE NETWORK 84-90 DAYS' SUPPLY) 'Submitted ROME DELIVERY PRODUCTS $555.00 per Brand claim SPECIALTY ' .ecialty Pharmacy (excluding foreign claims) Electronically Physicians Vaccine Pass -Through Lower of submitted Pass -Through Administration (capped at $15 for amount or pharmacy (capped at $15 for Fee influenza/$20 all other contracted rate (capped at influenza/ $20 all other vaccines per Vaccine $15 for influenza/$20 all vaccines per Vaccine Claim) other vaccines if Claim) administered at a Participating Pharmacy) Ingredient Cost Pass -Through Lower of submitted Pass -Through amount or pharmacy contracted rate Dispensing Fee Pass -Through Lower of submitted Pass -Through amount or pharmacy contracted rate Vendor N/A N/A Pass through at ESI cost Transaction Fee for Vendor Transaction Fee (currently $3.75, subject to change) D. REBATES . 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: REBATES PER BRAND Rx FORMULARY: ESI NATIONAL PREFERRED NATIONAL PLUS NETWORK $195.00 per Brand claim RETAIL MAINTENANCE NETWORK 84-90 DAYS' SUPPLY) $456.00 per Brand claim ROME DELIVERY PRODUCTS $555.00 per Brand claim SPECIALTY $1,700.00 per Brand claim lil The Extended Days' Supply pricing set forth in this Agreement shall be subject to certain requirements, as follows. Extended Days' Supply shall mean; (1) for all lines of business other than Medicare or EGWP, any supply of a covered drug of 84 days or greater; and (2) for Medicare or EGWP, if applicable, any supply of a covered drug of 35 days or greater.. Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the 84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate. Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions. Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products, biosimilar products, OTC products (except for insulin and diabetic strips and test strips), vaccines, claims older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 447 (01/2021 Version) forth in Section 1 above. 3. Rebate Payment Terms Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred eighty (180) days following calendar quarter adjudicated for Rebates received during the prior calendar quarter. Upon receipt, Administrator will credit Client's account. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. ESI will retain Manufacturer Administrative Fees on Specialty Products. 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, Rebates or other financial incentives on pharmaceutical products or formulary programs for Prescription Drug Claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative Rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or Rebates on claims for Covered Drugs without prior written approval of ESI, such activity will be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.3 Under its Rebate program, ESI may implement ESI's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. ESI reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by ESI to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then ESI and Administrator may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guaranty of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever discharges ESI and Administrator from any Losses arising from a pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct affecting Rebates. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the PDL, the Plan's design features, Client meeting criteria for Rebates, and the extent of participation in ESI's formulary management programs, as well as NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 448 (01/2021 Version) ESI/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that ESI may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event ESI does initiate collection action against a pharmaceutical company to collect Rebates, ESI may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Notwithstanding any provision of this Agreement to the contrary, Administrator shall only be responsible for payment of Rebates to Client pursuant,to the terms of this Agreement if such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from ESI. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the ' right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement is signed by Client. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts" pursuant to the federal anti -kickback statute set forth at 42 U.S.C. §1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. ESI will refrain from doing anything that would impede Client from meeting any such obligation. E. The following pricing assumptions shall apply for purposes of this Agreement: If Client decides to implement a mandatory generic, mandatory mail, step therapy or other program during the Term, ESI has agreed that proposed pricing terms other than rebate guarantees will remain unchanged. 2. ESI must agree to propose pricing based on its broad national retail network that includes all major national and regional pharmacy chains. DISCOUNTS 3. 1 The proposed "effective"eg neric discount and theeg neric discount guarantee calculation INCLUDES the following: MAC Generics Non -MAC Generics Single Source Generics Multi -Source Generics Generics in their FDC -granted exclusivity period Patent litigated claims Generics with limited supply Generic medications prescribed and/or dispensed in conjunction with a specialty medication 4. All Claims filled in Most Favored Nation states are INCLUDED in discount guarantees. 5. All Claims filled in rural pharmacies are INCLUDED in discount guarantees. 6. Ingredient Cost (including Member share) is defined as the lesser of the following: AWP -Discount %; MAC Price; or Usual & Customary Price. 7. Discount will always be calculated using this formula (all Claims, including ZBDs): (1- [Ingredient Cost] / [AWP Price]) x 100. 8. "Gross Cost" is defined as: [Ingredient Cost] + [Dispensing Fee] + [Sales Tax]. 9. ESI agrees to apply Client -specific guarantees to all pricing components: NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 449 (01/2021 Version) Discounts Rebates Admin Fees Dispensing Fees 10. During the Term, contract guarantees will not change unless one of the following items occurs which could change the economics of the pricing arrangement and would need to be evaluated: (i) a change in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 11. There will be NO dispensing fee applied to Reversed/Rejected Claims. CLAIMS ADJUDICATION 12. There will be no price floors for amount paid on any Prescription Drug Claims. REBATES 13. Rebate revenue will not have any impact on discount guarantee reporting and/or true up. 14. Rebates will be paid for brand Prescription Drug Claims and at a flat minimum dollar -for -dollar guarantee basis 15. Contract rebate guarantees are not subject to change as a result of known brand patent expirations. 16. The rebate guarantees are not subject to formulary percentage criteria. DATA 17. Audit files will be supplied to Client and Client's consultant directly from the source system and should include all Prescription Drug Claims processed including, but not limited to, paid, reversed and denied Prescription Drug Claims. 18. ESI will provide the above-mentioned extract at no charge to Client. 19. At no charge, ESI must be able to transfer data to Client's other vendor partners (e.g., medical plan administrator, stop loss vendor, disease management vendor, catastrophic claimant advocate, etc.), with an appropriate non -disclosure agreement in place. 20. ESI can provide the fully identified NCPDP expanded format to Client's consultant on a monthly basis at no additional charge for use by both the InfoLock team and the Pharmacy Analytics Team. 21. InfoLock Data feeds that are in place will be honored even after termination at no cost to Client or Client's consultant. In other words, if the Agreement is not renewed following the Term, InfoLock must still receive the 4th quarter data even though it will not be available until after termination of this Agreement. AUDITS 22. Third Party Audits- Client may employ a third -party auditor, at Client's sole cost and expense, to conduct audits of the terms of this Exhibit A, including, but not limited to: Pharmacy Claims transactions Financial performance guarantees NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 450 (01/2021 Version) 23. Client's consultant (Lockton) may perform a pre -implementation audit prior to the Effective Date. MISCELLANEOUS 24. Any costs bidding entities may incur as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 25. Client may not terminate this Agreement without cause and may only terminate this Agreement as expressly provided for in Article VI of the Agreement. 26. Coordination of Benefits claims accounted for in the claims data and discount guarantees by a flag indicating that a transaction utilized COB functionality within the RxCLAIM system. COB claims are excluded from pricing guarantees but are assessed an administrative fee if applicable. F. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in Sections B, C and D of this Client Application. Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Client Application Exhibit A) is a part of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Client Application but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Client Application is attached and made a part of. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 451 (01/2021 Version) IN WITNESS WHEREOF, Client has caused this Client Application (Exhibit A to the Agreement) to be executed as of the Effective Date. In the event this Client Application is amended by the Parties after the Effective Date, the Parties may substitute such amended Client Application for the former Client Application, provided the Parties set forth the date from and after which such amended Client Application shall be effective (the "date" line at the bottom of the Administrator's acknowledgment signature block on an amended Client Application shall be such new effective date with respect to such amended Client Application). The Parties further agree that they will attach such amended Client Application to this Agreement and provide a copy of this Agreement with the amended Client Application Exhibit A) to Administrator and Client for their respective records. Any such amended Client Application must be signed by Client's authorized representative and acknowledged, agreed to, accepted and dated by Administrator's authorized representative. CLIENT: Indian River County Board of County Commissioners M Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. M Printed Name: Lauren Simmons Its: Sr. Director of Compliance & Legal Affairs NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 452 (01/2021 Version) ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT, (this "Addendum"), entered into effective as of October 1, 2021 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. ("Administrator'), and Indian River County Board of County Commissioners ("Client"). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement"). 2. Administrator and Client hereby execute this Addendum for the purpose of documenting that Exhibit A (Client Application) to the Agreement has been amended and restated to reflect, among other things, new pricing terms. Such amended and restated Exhibit A (Client Application) shall be attached and affixed to the Agreement as Exhibit A (Client Application) in lieu of the prior Exhibit A (Client Application) upon execution of this Addendum by the parties' authorized representatives below and shall be in full force and effect as said Exhibit A from and after the Addendum Effective Date. 3. Except for the amendment and restatement of Exhibit A (Client Application) effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect and is hereby ratified and incorporated herein. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 453 (01/2021 Version) EXHIBIT A CLIENT APPLICATION October 1, 2021 [IMPORTANT — PLEASE READ CAREFULLY: Client should complete Section A and carefully review this Exhibit A, which has been completed by Administrator, in order to ensure the accuracy and completeness of such information. Client shall promptly notify Administrator of any inaccuracy or omission with respect to such terms and conditions, if applicable (including, without limitation, the Client Information in Section A).] A. INFORMATION ABOUT CLIENT Client's Name: Indian River County Board of County Commissioners Client's Mail Address: 1801 27th Street, Vero Beach, Florida 32960-3365 B. PLAN DESIGN; MEMBER COST SHARE Member Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety (90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. Client agrees that it is responsible for Losses resulting from (a) any failure to implement Plan design changes which are not communicated in writing to Administrator, or (b) implementation of verbal or written direction regarding exception or overrides to the PDD. In addition, Client shall notify Members of any Plan design changes prior to the effective date of any such changes as required by applicable law. C. SERVICES: FORMULARY. 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this Exhibit A) (the "Base Administrative Services"), as applicable: • Administration of eligibility submitted via tape or telecommunication • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections • Annual analysis of program utilization and impact of plan design and managed care interventions • Welcome Package and ID Cards for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and representatives NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 454 (01/2021 Version) 2. Additional Administrative Services: Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under the program as follows: 2.1 Administrative Fees, Administrative Services Fees Transaction Fees Payable for Administrative Services (per $0.65 per Prescription Drug Claim made Article IV.B of the Agreement) by Members payable on a bi-monthlybasis Transaction Fees Payable for Administrator's Clinical Advantage Program individual prices listed in table below $1.45 j2er claim Manufacturer Copay Assistance Programs • Out of Pocket Protection Accumulation Not Elected • Out of Pocket Protection + Variable Copay Not Elected Assistance Program • SaveOnSP Not Elected • Out of Pocket Protection + SaveOnSP $0.40 per claim (Elected) Reviews and Appeals • Low Clinical Value Exclusions LCV $0.30 per claim (Elected) • High Dollar Claim Review HDCR $0.75 per claim (Elected) Initial Determinations (i.e. coverage reviews) and Level Included in the existing utilization One Non -Urgent Appeals for the Coverage Authorization management PWM charge Program, consisting of. OR Prior Authorization Step Therapy Included in the existing PA charge of $55 Drug Quantity Management per initial determination* OR No Charge if Client elects HDCR Initial Determinations and Level One Non -Urgent Appeals $55 per initial determination for benefit reviews. Examples: copay review, plan OR excluded drug coverage review, administrative plan design review. No Charge if Client elects HDCR Final and Binding Appeals — Level Two Appeals and/or $10.00 per review* Urgent Appeals for UM, fonnulary, and benefit reviews. OR No Charge if Client elects HDCR External Reviews by Independent Review Organizations - for $800 per review non -grandfathered plans OR No Charge if Client elects HDCR Miscellaneous Third Party Integration Fees Charges passed through from provider or mutually agreed upon by Parties The following terms and conditions apply only if client does not elect HDCR: ■ Initial determination — this is the first review of drug coverage based on the plan's conditions of coverage. Initial determinations are also referred to as initial reviews, coverage reviews, prior authorization reviews, UM reviews, or benefit reviews. ■ The Level 2 and Urgent Appeal Service is an optional service for Clients to enroll in and there is an incremental fee of $10 per initial determination. ■ Level 2 and Urgent Appeals are not included in the UM package fees. ■ The Level 2 and Urgent Appeal Service fee is not charged per appeal. It is charged for each initial review. This allows Client to better estimate their appeal costs since it is based on the number of NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 455 (01/2021 Version) initial determinations. The fees cover the legal and operational costs involved with handling final and binding appeal reviews, which includes, but is not limited to the following: staffing of clinical professionals and supportive personnel, notifications to patients and prescribers, and maintaining a process aligned with state and Federal regulations. Charges for the Level 2 and Urgent Appeal Service are billed on the monthly admin invoice for completed initial determination for UM, formulary, and benefit reviews. No subsequent charges are incurred when cases are appealed. Appeals can be deemed urgent at Level 1 or Level 2. Urgent appeal decisions are final and binding. If a Level 1 Appeal is processed as urgent, there is no Level 2 appeal. PBM Services Advanced Utilization Management (AUM Bundle) Fees $0.46 / PMPM or Passed through from Comprehensive Consumer 1(CDH) Solution PBM Member -submitted paper claims processing fee $3.00 per claim Medicaid or Medicare subrogation claims fee $3.00 per claim Opioid Program $0.32 / PMPM If Elected ACA Statin"Trend Management" Program 1 $0.03 / PMPM If Elected Combined Benefit Management percent of Client's total utilization for all Services to manage combined medical -pharmacy benefits $0.10 PMPM per combined accumulator up that are not a consumer -directed health (CDH) plan. to maximum of $0.20 PMPM for existing Services include ongoing management of the data exchange connection with medical carrier or TPA. platform with the medical vendor/TPA, production monitoring and quality control, and designated operations Fees to establish connection with new team. Combined benefit types may include deductible, out medical carrier or TPA are quoted upon of pocket, spending account, and lifetime maximum. request. Network Pharmacy Services Network Pharmacy Audit Program 20% of audit recoveries NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 456 Comprehensive Consumer 1(CDH) Solution I $0.48 PMPM Technical Bi-directional data exchange; dedicated operations; 24-hour a day, seven -days a week monitoring and quality control; *these charges would be in addition to any performance reporting; and analytics pricing adjustments if greater than ten Decision Support percent of Client's total utilization for all Dedicated CDH member services, Prescription Benefit Plans is attributable to a CDHC. Review Statements, Retail Pricing Transparency Member Adherence ScreenRx Preventive Medications Member Education Proactive, personalized member communications open enrollment tools and member communications library, robust online features, and preventive care proactive, personalized member communications ScreenRx for PPO Plans $0.25 PMPM (If Elected) Medicare Part 1 1 1 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 456 (01/2021 Version) Part D subsidy enhanced service (ESI sends reports to CMS $1.12 PMPM for Medicare -qualified on behalf of Client) Members with a minimum annual fee of (i) Notice of Creditable Coverage $7,500 $1.35/letter+ postage Part D Subsidy standard service (ESI sends reports to $0.62 PMPM for Medicare -qualified Client) Members with a minimum annual fee of $5,000 A. Notice of Creditable Coverage $1.35/letter + postage Communication with physicians and/or members (e.g., $1.75/letter + postage program descriptions, notifications, formulary compliance, non -Medicare EOBs, etc. Medicare EOB $1.75/letter+ postage Custom non-standard materials Priced upon Reguest Electronic Pharmacy Benerit Eligibility Verification Eligibility confirmation of pharmacy benefit coverage shared with prescribers and other healthcare professionals through their Electronic Medical Records (EMR) or other digital channels. Pass-through charge to Sponsor at ESI's preferred rate with data switch such as Surescri ts. Miscellaneous Coordination of Benefits $0.01 PMPM, If Elected - Custom reimbursement formula - Setup and ongoing maintenance - Product support Formulary Services Fee $10,000 Implementation Fee + $0.05 - High Performance Formulary PMPM If Elected Medicare Part B Solution - Integrated Retail & Mail Program - $0.42 PMPM - Retail Only Program - $0.20 PMPM - Program IntroductoLetter - $1.35/letter+ postage NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 457 (01/2021 Version) PBNI Services - No Additional Fee Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan setup Standard coordination of benefits (COB) Software training for access to our on-line reject for primary carrier system(s) FSA eligibility feeds A. Network Pharmacy Services -Pharmacy help desk Pharmacy reimbursement Pharmacy network management Network development (upon request) B. Home Delivery Services Benefit education Prescription delivery - standard Reporting Web -based client reporting - Annual Strategic Account Plan report Ad-hoc desktop parametric reports Billing reports Claims detail extract file electronic CPDP format Inquiry access to claims processing system Load 12 months claims history for clinical reports and re ortin Website Services Express- Scripts. com for Members — access to benefit, drug, health and wellness information; prescription ordering ca abili ; and customer service Implementation Package and Member Communications • New Member packets (includes two standard resin ID cards) ■. Member replacement cards printed via web (For hard- copy cards, charges are passed through from the PBM • Member -requested replacement packets or Client $1.50 + postage per packet or card requested re -carding Concurrent Drug Utilization Review (DUR) No Charge Overrides a. Sponsor -requested overrides b. Lost/stolen overrides c. Vacation supplies 2.2 Administrator Clinical Programs If elected, the Low Clinical Value ("LCV") exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by PBM Formulary. This exclusion occurs without affecting rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. ■ If elected, Administrator's High Dollar Claim Review, Prior Authorization and Appeals program ("HDCR"), will provide Client with umbrella protection against high-cost prescription claims for approved NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 458 C. (01/2021 Version) formulary drugs. Prescription claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. o The following may apply to HDCR: ■ RxBenefits manages the clinical review process for high dollar claims, providing oversight of the process. We communicate trends and savings results to clients through detailed reporting and analytics; ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; ■ If denied, the appeal process is available. o If HDCR is elected, the Administrator will also manage all other Prior Authorizations and Appeals. ■ Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; ■ If denied, the appeal process is available. o The appeal process: ■ If an initial review is denied, the Member may appeal the decision to have a different pharmacist reviewer evaluate the prior authorization. ■ If the denial is upheld upon first appeal, a second appeal may be made, which is completed in consultation with a peer physician reviewer from an Independent Review Organization. ■ If the denial is again upheld upon second appeal, a final appeal for a Federal External Review completed by an Independent Review Organization may be made. ■ If the denial is upheld by the final review, the appeal process has been exhausted and the decision is final and binding. Foundational Utilization Management ("UM"). UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate quantity limit ("QL") promotes FDA - approved dispensing guidelines by ensuring appropriate quantities are dispense. Step Therapy ("ST") ensures the most clinically appropriate item is used first as part of adhering to accepted guidelines. When faced with two similar agents, the lowest cost option is promoted first. Prior Authorizations ("PA") ensure FDA -approved guidelines with respect to indications are being met. Utilizing the PBM or customized criteria, RxBenefits has carved out the QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that a client elect a standard Utilization Management Programs promoted by Administrator. NOTE: Client must have HDCR component in place to elect UM. The following may apply: o Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours.; NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 459 (01/2021 Version) o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss the claim due to lack of communication from the prescriber; or o If denied, an appeal process is available. If elected, PBM's Manufacturer Assistance Program for Specialty Medications ("MAP'), consists of 1 or 2 components when available, dependent on the specific plan design: (1) Accumulator Protection using Manufacturer Copay assistance dollars to help lower member out-of-pocket costs and client costs where funds are not applied to member deductible and member out-of-pocket maximum totals; and (2) Accumulator Protection Plus Variable Cost -Share, where plan changes can maximize available assistance funds to offset plan costs and cover the members' cost -share but does not apply to their deductible and out-of-pocket maximum, yielding high savings potential, or Therapeutic Interchange Programs where the specialty pharmacy will move members to preferred agents in order to allow the usage of copay assistance funds from manufacturers. Requires exclusive specialty pharmacy relationship. o If elected, the SaveOnSP program is a benefit design change implemented by PBM in conjunction with a third -party vendor, SaveOnSP. Within the SaveOnSP program, certain specialty medications are classified as non-essential health benefits. This means that any funds spent on these drugs no longer apply to the members' accumulators. In addition, the targeted drugs are assigned higher copays. In all cases, SaveonSP helps the member coordinate manufacturer -sponsored copay assistance. SaveOnSP targets drugs in six of the top ten specialty categories. ■ If elected, PBM's Advanced Opioid ManagementsM program reaches out to physicians, pharmacists and patients at key touchpoints to minimize early exposure to opioids and to prevent patients from progressing to overuse and abuse. Patients will be required to start therapy with no more than a 7 -day supply of short-acting medications (with certain exceptions). Member Education will start at the first fill. Doctors will be notified at the point of care when specific signs of misuse and abuse are observed. 3. Pricing Terms. The financial terms set forth are conditioned on such exclusive arrangement and all other specified conditions set forth in Exhibit A of the Agreement. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of Brand Drug and Generic Drug .pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined plan design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: ■ Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or (iii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ If no adjudication rates are specified herein, each claim will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. The discounted ingredient cost will be the lesser of MAC (as applicable), U&C or the applicable AWP discount. Claims dispensed at ESI Mail Pharmacy will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. 3.1 Pricing. (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's Renewal NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 460 (01/2021 Version) Term (as described in Article VI(A) of the Agreement) that begins on or after the Addendum Effective Date. [1 -(total discounted AWP ingredient cost (including any retrospective pharmacy payments) but excluding dispensing fees and ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Discounted ingredient cost will be the lesser of MAC (as applicable), U&C or AWP discount. Notwithstanding anything herein to the contrary: (i) a Prescription Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates), as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Brand guarantee below; and (ii) a Prescription Drug Claim that processes at the Generic Drug rates (Participating Pharmacy Reimbursement Rates) and (Mail Pharmacy Reimbursement Rates) above, as indicated on the ingredient cost field of the Prescription Drug Claim's data record, shall be reconciled as part of the Generic Drug guarantee below. The only Prescription Drug Claims that may be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" paragraph below in addition to claims dispensed in Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, Hawaii, Massachusetts, and Alaska,. All other Prescription Drug Claims may be included in the reconciliation of the guarantees. PARTICIPATING PHARMACY ;., RETAIL MAINTENANCE NETWORK (84-90 DAYS' 8, SUPPLY) ;., .1111101 AWP — 22.50% MAIL SERVICE PHARMACY 84.65% Claims Excluded: OTC products (excluding insulin, diabetic strips, and test strips), compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee) biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims. and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). (b) Dispensing Fee. ESI will guarantee an average aggregate annual per Prescription Drug Claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable Prescription Drug Claims for the annual period divided by total of applicable Prescription Drug Claims for the annual period which will represent the same underlying claims dataset used to calculate the "Ingredient Cost Guarantee" of this Exhibit A]. Dispensing fees will be calculated using the lesser of MAC (as applicable), U&C or AWP discount adjudication methodology. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 461 (01/2021 Version) PARTICIPATING BRAND $0.50 dispensing fee GENERIC $0.50 dispensing fee RETAIL MAINTENANCE NETWORK(84-90 1 " BRAND $0.50 dispensing fee GENERIC MAIL SERVICE PHARMACY $0.50 dispensing fee BRAND $0.00 dispensing fee GENERIC $0.00 dispensing fee Claims Excluded: OTC products (excluding insulin, diabetic strips, and test strips), compounds, U&C claims, Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products/Claims, vaccines, Specialty Products (other than specialty guarantee) biosimilar products (other than Specialty Product guarantee, if applicable), long term care pharmacy claims and/or claims with ancillary charges and products filled through in-house or 340b pharmacies (if applicable). Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). Notwithstanding the foregoing, Administrator guarantees that Client will only be responsible for up to a twenty percent increase over the carrier rates of the previous calendar year. At Client's request, Administrator will reimburse Client for any payments made in excess of such twenty percent increase in carrier rates. Guarantees will be measured and reconciled on an annual basis. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the then current contract year (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such Partial Contract Year. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. Shortfall payments for financial guarantees, if any, will not be paid until this Agreement is signed. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement; over performance in any component will not be used to offset performance in any other measured pricing component. Notwithstanding anything in this Agreement to the contrary, the Generic average annual ingredient cost discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand average annual ingredient discount guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the Mail Service Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and generic pricing may be subject to certain "dispensed as written" (DAW) protocols and Client or Plan defined plan design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. Notwithstanding anything in this Agreement to the contrary, any rebate guarantees set forth in this Agreement will be reconciled using ESI's proprietary brand/generic algorithm. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 462 (01/2021 Version) Any claim that is considered a single source generic will be included in the generic reconciliation. 3.2 Specialty Products (a) Exclusive Care. ESI Specialty Pharmacy is the exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy (for example, limited distribution products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty. Product rates shown below. Upon ESI Specialty Pharmacy acquisition of limited distribution products, Members will obtain prescriptions through ESI Specialty Pharmacy. * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESI Specialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. If ESI elects to bill Client's medical plan for ASES, Administrator will work with ESI to coordinate the invoicing and payment of ASES through Client's medical plan. If Client's medical plan will not cover the cost of ASES billed through ESI or ESI Specialty Pharmacy, Client shall be responsible for the costs of all ASES. If a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Administrator or a Client directly by ESI Specialty Pharmacy instead of being processed through ESI, Client will timely pay Administrator, and Administrator will timely pay ESI Specialty Pharmacy for such claim pursuant to the rates below. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 463 Ingredient Cost j Dispensing Fee* el Exclusive ESI Specialty See Exclusive Specialty Product List $0.00 Pharmacy Participating Pharmacy Specialty Participating Pharmacy Specialty $0.50 Products Product List * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will be increased to reflect such increase(s). (b) ASES. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESI Specialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. If ESI elects to bill Client's medical plan for ASES, Administrator will work with ESI to coordinate the invoicing and payment of ASES through Client's medical plan. If Client's medical plan will not cover the cost of ASES billed through ESI or ESI Specialty Pharmacy, Client shall be responsible for the costs of all ASES. If a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Administrator or a Client directly by ESI Specialty Pharmacy instead of being processed through ESI, Client will timely pay Administrator, and Administrator will timely pay ESI Specialty Pharmacy for such claim pursuant to the rates below. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 463 (01/2021 Version) -3herapeutic as C 1 Immune Deficiency All Immune Deficiency Drugs requiring $60.00 / Infusion Per Diem Enzyme Deficiency All Enzyme Deficiency Drugs required $60.00 / Infusion Per Diem Miscellaneous Specialty Duopa $65.00 / Day Conditions Miscellaneous Specialty Soliris $60.00 Infusion Conditions PAH Flolan, Veletri, Epoprostenol Sodium $65.00 / Day (generic-FlolanNeletri), and Remodulin PAH Ventavis $65.00 / Day PAH Tyvaso $30.00 / Day Inflammatory Conditions Remicade $60.00 / Infusion Alpha 1 Deficiency All Alpha l Deficiency Drugs requiring $55.00/Infusion Per Diem Nursing Rates All drugs / therapies requiring nursing $150.00 per initial visit up to two (2) hours/$75.00 per additional hour or a fraction thereof (c) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. (d) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE - Administrator guarantees that the overall annual net effective discount for the products listed on the Specialty Products List will be as follows for Client (excluding limited distribution products). Exclusive AWP — 21.75% Within one hundred and eighty (180) days following the end of each Contract Year, Administrator will calculate the actual net effective discount for the products listed on the Specialty Products List to determine if the guarantee has been met. If the actual overall net effective discount is less than the guaranteed net effective discount, Administrator will reimburse Client the full dollar amount of the difference between the actual and guaranteed net effective discounts. Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Products List) divided by (Total AWP for the products listed on the Specialty Products List)) minus I. This guarantee is contingent on Client's participation in the National Preferred Formulary or Basic Formulary and an exclusive specialty arrangement. 3.3 Vaccine Claims (NO VACCINE CLAIMS WILL BE INCLUDED IN ANY PRICING OR REBATE GUARANTEE SET FORTH IN THE AGREEMENT). (a) General Terms applicable to Vaccine Claims "Vaccine Claim" means a claim for a Covered Drug which is a vaccine. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 464 (01/2021 Version) 2. "Vaccine Vendor Transaction Fee" means the data interchange fee that ESI is charged by its third party vendor to convert Vaccine Claims submitted electronically by physicians to NCPDP 5.1 format in order for ESI to process the claim. 3. Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. In the case of Vaccine Claims, the U&C shall be the retail price charged by a Participating Pharmacy for the particular vaccine, including administration and dispensing fees, in a cash transaction on the date the vaccine is dispensed as reported to ESI by the Participating Pharmacy. 4. The Vaccine Administration Fee for Vaccine Claims for Members enrolled in Client's Medicaid programs, if any, will be capped at the maximum reimbursable amount under the state Medicaid program in which the Member is enrolled. 5. All Vaccine Claims will be subject to any Administrative Fees set forth in the Agreement. 6. Vaccine :Claims will be charged a program fee of $2.50 per Vaccine Claim (except for Medicare Part D covered Vaccine Claims, if applicable). The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in this Agreement. (b) Commercial (Including Medicaid and Exchange, if applicable) (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 465 Participating bm Pharmacv ALL OTHER Vaccine Claims INFLUENZA VACCINES (excludingforeign Vaccine Pass -Through Pass -Through Administration (capped at $15 per (capped at $20 per Submitted amount Fee vaccine claim) vaccine claim Ingredient Cost Participating Pharmacy Participating Pharmacy Submitted amount Ingredient Cost as set Ingredient Cost as set forth in the Agreement forth in the Agreement Dispensing Fee Participating Pharmacy Participating Pharmacy Submitted amount Dispensing Fee as set Dispensing Fee as set forth in the Agreement forth in the Agreement Administrative Administrative Fee per Prescription Drug Claim as Administrative Fee per Fee/Vaccine set forth in the Agreement Prescription Drug Claim Claim (plus manual claim administrative fee) as set forth in the Agreement Vaccine Program $2.50 per vaccine claim N/A Fee (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 465 (01/2021 Version) D. REBATES Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: REBATES PER BRAND Rx FORIVIULNRY: Participating Member Submitted Vaccine Claims RETAIL MAINTENANCE NETWORK 84-90 DAYS' SUPPLY) Pharmacies/ESI Mail Vaccine Claims Submitted "Vaccine ' . Pharmacy _ foreign Pass -Through claims) Physicians Lower of submitted Pass -Through Administration (capped at $15 for amount or pharmacy (capped at $15 for Fee influenza/$20 all other contracted rate (capped at influenza/ $20 all other vaccines per Vaccine $15 for influenza/$20 all vaccines per Vaccine Claim) other vaccines if Claim) administered at a Participating Pharmacy) Ingredient Cost Pass -Through Lower of submitted Pass -Through amount or pharmacy contracted rate Dispensing Fee Pass -Through Lower of submitted Pass -Through amount or pharmacy contracted rate Vendor N/A N/A Pass through at ESI cost Transaction Fee for Vendor Transaction Fee (currently $3.75, subject to change) D. REBATES Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: REBATES PER BRAND Rx FORIVIULNRY: ESI NATIONAL PREFERRED NATIONAL PLUS NETWORK $203.00 per Brand claim RETAIL MAINTENANCE NETWORK 84-90 DAYS' SUPPLY) $470.00 per Brand claim HOME DELIVERY PRODUCTS $570.00 per Brand claim SPECIALTY $2,075.00 per Brand claim 0) The Extended Days' Supply pricing set forth in this Agreement shall be subject to certain requirements, as follows. Extended Days' Supply shall mean; (1) for all lines of business other than Medicare or EGWP, any supply of a covered drug of 84 days or greater; and (2) for Medicare or EGWP, if applicable, any supply of a covered drug of 35 days or greater. Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate Amounts in the 84 — 90 Days' Supply column in the table set forth above are applicable only if Client implements a plan design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a plan design whereby Members who fill extended days' supply prescriptions at a Participating Pharinacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such plan design is implemented, Rebate Amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate Amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions. Member Submitted Claims, Subrogation Claims, Coordination of Benefit Claims, Exclusive and Limited Distribution Products, biosimilar products, OTC products (except for insulin and diabetic strips and test strips), vaccines, claims older than 180 days, claims through Client -owned or 340b pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 466 (01/2021 Version) forth in Section 1 above. 3. Rebate Payment Terms Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred eighty (180) days following calendar quarter adjudicated for Rebates received during the prior calendar quarter. Upon receipt, Administrator will credit Client's account. 4. Conditions 4.1. ESI contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and all actual Rebates received from manufacturers. ESI will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from ESI's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in ESI's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement is executed by Client. ESI and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. ESI will retain Manufacturer Administrative Fees on Specialty Products. 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, Rebates or other financial incentives on pharmaceutical products or formulary programs for Prescription Drug Claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative Rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or Rebates on claims for Covered Drugs without prior written approval of ESI, such activity will be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.3 Under its Rebate program, ESI may implement ESI's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. ESI reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by ESI to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then ESI and Administrator may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guaranty of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever discharges ESI and Administrator from any Losses arising from a NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 467 (01/2021 Version) pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct affecting Rebates. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the PDL, the Plan's design features, Client meeting criteria for Rebates, and the extent of participation in ESI's formulary management programs, as well as ESI/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that ESI may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event ESI does initiate collection action against a pharmaceutical company to collect Rebates, ESI may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Notwithstanding any provision of this Agreement to the contrary, Administrator shall only be responsible for payment of Rebates to Client pursuant to the terms of this Agreement if such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from ESI. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement is signed by Client. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts" pursuant to the federal anti -kickback statute set forth at 42 U.S.C. §1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. ESI will refrain from doing anything that would impede Client from meeting any such obligation. E. The following pricing assumptions shall apply for purposes of this Agreement: 1. If Client decides to implement a mandatory generic, mandatory mail, step therapy or other program during the Term, ESI has agreed that proposed pricing terms other than rebate guarantees will remain unchanged. 2. ESI must agree to propose pricing based on its broad national retail network that includes all major national and regional pharmacy chains. DISCOUNTS 3. The proposed "effective"eg neric discount and theeg neric discount guarantee calculation INCLUDES the following: MAC Generics Non -MAC Generics Single Source Generics Multi -Source Generics Generics in their FDC -granted exclusivity period Patent litigated claims Generics with limited supply Generic medications prescribed and/or dispensed in conjunction with a specialty medication 4. All Claims filled in Most Favored Nation states are INCLUDED in discount guarantees. 5. All Claims filled in rural pharmacies are INCLUDED in discount guarantees. 6. Ingredient Cost (including Member share) is defined as the lesser of the following: AWP -Discount %; MAC Price; or Usual & Customary Price. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 468 (01/2021 Version) 7. Discount will always be calculated using this formula (all Claims, including ZBDs): (1- [Ingredient Cost] / [AWP Price]) x 100. 8. "Gross Cost" is defined as: [Ingredient Cost] + [Dispensing Fee] + [Sales Tax]. 9. ESI agrees to apply Client -specific guarantees to all pricing components: Discounts Rebates Admin Fees Dispensing Fees 10. During the Term, contract guarantees will not change unless one of the following items occurs which could change the economics of the pricing arrangement and would need to be evaluated: (i) a change in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 11. There will be NO dispensing fee applied to Reversed/Rejected Claims. CLAIMS ADJUDICATION 12. There will be no price floors for amount paid on any Prescription Drug Claims. REBATES 13. Rebate revenue will not have any impact on discount guarantee reporting and/or true up. 14. Rebates will be paid for brand Prescription Drug Claims and at a flat minimum dollar -for -dollar guarantee basis 15. Contract rebate guarantees are not subject to change as a result of known brand patent expirations. 16. The rebate guarantees are not subject to formulary percentage criteria. DATA 17. Audit files will be supplied to Client and Client's consultant directly from the source system and should include all Prescription Drug Claims processed including, but not limited to, paid, reversed and denied Prescription Drug Claims. 18. ESI will provide the above-mentioned extract at no charge to Client. 19. At no charge, ESI must be able to transfer data to Client's other vendor partners (e.g., medical plan administrator, stop loss vendor, disease management vendor, catastrophic claimant advocate, etc.), with an appropriate non -disclosure agreement in place. 20. ESI can provide the fully identified NCPDP expanded format to Client's consultant on a monthly basis at no additional charge for use by both the InfoLock team and the Pharmacy Analytics Team. 21. InfoL:ock Data feeds that are in place will be honored even after termination at no cost to Client or Client's consultant. In other words, if the Agreement is not renewed following the Term, InfoLock must still receive the 4th quarter data even though it will not be available until after termination of this Agreement. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 469 (01/2021 Version) AUDITS 22. Third Party Audits- Client may employ a third -party auditor, at Client's sole cost and expense, to conduct audits of the terms of this Exhibit A, including, but not limited to: Pharmacy Claims transactions Financial performance guarantees 23. Client's consultant (Lockton) may perform a pre -implementation audit prior to the Effective Date. MISCELLANEOUS 24. Any costs bidding entities may incur as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 25. Client may not terminate this Agreement without cause and may only terminate this Agreement as expressly provided for in Article VI of the Agreement. 26. Coordination of Benefits claims accounted for in the claims data and discount guarantees by a flag indicating that a transaction utilized COB functionality within the RxCLAIM system. COB claims are excluded from pricing guarantees but are assessed an administrative fee if applicable. F. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in Sections B, C and D of this Client Application. Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Client Application Exhibit A) is apart of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Client Application but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Client Application is attached and made a part of. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 470 (01/2021 Version) IN WITNESS WHEREOF, Client has caused this Client Application (Exhibit A to the Agreement) to be executed as of the Effective Date. In the event this Client Application is amended by the Parties after the Effective Date, the Parties may substitute such amended Client Application for the former Client Application, provided the Parties set forth the date from and after which such amended Client Application shall be effective (the "date" line at the bottom of the Administrator's acknowledgment signature block on an amended Client Application shall be such new effective date with respect to such amended Client Application). The Parties further agree that they will attach such amended Client Application to this Agreement and provide a copy of this Agreement with the amended Client Application Exhibit A) to Administrator and Client for their respective records. Any such amended Client Application must be signed by Client's authorized representative and acknowledged, agreed to, accepted and dated by Administrator's authorized representative. CLIENT: Indian River County Board of County Commissioners 0 Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. By: Printed Name: Lauren Simmons Its: Sr. Director of Compliance & Legal Affairs NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF EXPRESS SCRIPTS AND RXBENEFITS 471 4N CONSENT INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM T0: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: . July 30, 2021 SUBJECT: Limited COVID-19 Sick Pay Benefit The attached. Limited COVID-19 Sick Pay Benefit was approved by the County Administrator to provide paid leave for full time employees who did not receive the Families First Coronavirus Relief Act (FFCRA) paid sick leave benefit in 2020 and who meet the established criteria of: 1. Hire date of August 1, 2020 or later 2. Employed in full time position 3. Exhausted all paid leave benefits 4. Submit verification of a positive COVID-19 test or verification of being placed under quarantine due to a positive COVID-19 test of a family member in the same household 5. Be unable to work or telework 6. Submit application to Human Resources Director or designee who will review the request and determine eligibility for the limited COVID-19 Sick Pay Benefit The benefit is limited to up to 10 days of paid leave when an individual is unable to work due to a positive COVID-19 test or is placed under quarantine due to a positive COVID- 19 test of a family member in the same household. This benefit would expire on December 31, 2021 unless extended. There is no conversion of this leave balance upon expiration. FUNDING: Any COVID-19 Sick Pay benefits incurred will be charged to the American Rescue Plan Act (ARP), and will not impact County departmental funding. Staff anticipates this benefit could cost approximately $75,000 and will allocate these funds in the proposed spending plan revisions. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Limited COVID-19 Sick Pay Benefit for employees hired on or after August 1, 2020 472 ffl INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 4, 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 No. 2021048 for Oslo Riverfront Conservation Area Planting BACKGROUND: On behalf of the Parks & Conservation Resources Division, sealed bids were solicited for the purchase and installation of native vegetation at the Oslo Riverfront Conservation Area located at 175 9th Street SE, Vero Beach. The proposed native vegetation would be installed in the county - maintained firebreak along the northern and western boundaries of ORCA. BID RESULTS: Advertising Date: June 19, 2021 Bid Opening Date: July 15, 2021 Demandstar Broadcast to: 277 Subscribers Specifications/Plans Downloaded by: 21 Vendors Replies: 8 Vendors Firm Location Total Bid Price Sandhill Environmental Services, LLC Arcadia $39,196.30* Cardno, Inc. Riverview $56,511.27 Superior Waterway Services, Inc. Riviera Beach - $61;885.00* EarthBalance Corporation North Port $62,556.25* DeAngelo Brothers LLC T/A Aquagenix Hazelton, PA $76,284.00 A+ Environmental LLC Arcadia $130,580.00 Hayslip Landscape Fort Pierce DQ—did not use updated bid form Kerner Environmental Stuart DQ— did not use updated bid form * Denotes mathematical errors on bid form were corrected. ANALYSIS:. The department has reviewed the bids received and recommended award to Sandhill Environmental Services, LLC as the lowest, responsive and responsible bidder. 473 SOURCE OF FUNDS: Funding in the amount of $39,196.30 is available in the Oslo Riverfront Conservation Area Native Landscaping & Revegetation Project Account (11721072-035340-18002) in the Tree Ordinance Fund. RECOMMENDATION: Staff recommends the Board award Bid 2021048 to Sandhill Environmental Services, 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 474 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 native vegetation 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 Revegetation Bid Number: 2021048 Project Address: 175 9th Street SE, 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: Written Amount: 475 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment A. Owner shall make payment for the amount of the contract, less retainage, 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.). The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until the end of the 90 -day warranty period. 5.02 Acceptance of. Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and personsemployed 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 476 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) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2021048; (S) Addendum 1; (6) CONTRACTOR'S Bid Form, (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; 477 (13) Certification Regarding Lobbying; (14) 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 willbe 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 underthe.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: 478 (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. 479 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Wendy Swindell Title: Conservation Lands Technician Address: 5500 77th Street, Vero Beach, FL 32967 Phone: 772-226-1881. Email: wswindell@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable). Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 480 Exhibit 1 to the Agreement — Pricing 481 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 5, 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 2021046 for South Oslo Road WTP SCADA System Improvements BACKGROUND: Kimley-Horn Work Order 4 under continuing services agreement 2019070 was authorized by the Board on April 20, 2021. Under this work order, Kimley-Horn is providing design and bidding assistance services for the construction of electrical and Supervisory Control and Data Acquisition (SCADA) system improvements. These improvements include installation of new high service pump Program Logic Control (PLC) panel, hardware upgrades to existing Main PLC panel, conduit, wiring and any other systems as depicted on the plans and in these specifications to provide a complete and functional system at the South Oslo Road Water Treatment Plant. Bids for the improvements have been issued and received with the results shown below. BID RESULTS: Advertising Date: June 9, 2021 Bid Opening Date: July 22, 2021 Demandstar Broadcast to: 509 Subscribers Specifications/Plans Downloaded by: 21 Vendors Replies: 2 Vendors Firm Location Total Bid Price TLC Diversified, Inc. Palmetto $241,800 Hinterland Group, Inc. Riviera Beach $294,400 ANALYSIS: Kimley-Horn has reviewed the bids received, and determined TLC Diversified, Inc. to be the lowest, responsive and responsible bidder. The Department of Utility Services has reviewed Kimley-Horn's bid analysis and is recommending award to TLC Diversified. 482 SOURCE OF FUNDS: The engineer's opinion of probable cost was $202,280. Kimley-Horn stated the variance from their estimate can most likely be attributed to elevated materials costs due to the COVID-19 pandemic, particularly in relation to the new high service pump PLC panel. Funding in the amount of $241,800 is available in the Water Production/R&R/WTF SCADA system updates (47121936-044699-19536) account in the operating fund. Operating fund revenues are received through water and sewer service sales. RECOMMENDATION: Staff recommends the Board award Bid 2021046 to TLC Diversified, Inc., approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required public construction bond and insurance, and after approval of the agreement by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample Agreement 483 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE South Oslo Road WTP SCADA System 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 TLC Diversified, Inc. (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: Construct electrical and SCADA system improvements, including, but not limited to, installation of new high service pump PLC panel, hardware upgrades to existing Main PLC panel, conduit, wiring and any other items as depicted on the plans and in these specifications to provide a complete and functional system at Indian River County's South Water Treatment Plant (Oslo). ARTICLE 2 ENGINEER The South Oslo Road WTP SCADA System Improvements project has been designed by Kimley- Horn and Associates, Inc., hereinafter called ENGINEER, and who is to 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 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 30 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. (b) From 31 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: Install all electrical equipment, panel, hardware, conduit, wiring, and 484 appurtenant items. 2. Perform all equipment start-ups and field testing. 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. (c) From 151 calendar days to 180 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. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 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 four -hundred and fifty dollars ($250.00) 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 four -hundred and fifty dollars ($250.00) 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 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. 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 $ I 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: 486 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 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 he 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). 487 8.3 Supplementary Conditions (Section 00800). 8.4 Notice to Proceed (Sample Provided in Section 00800) 8.5 Public Construction Bond (Section 00600) 8.6 Certificate(s) of Liability Insurance (Section 00620) 8.7 Contractor's Application for Payment (Sample Provided in Section 00800) 8.8 Certificate of Substantial Completion (Sample Provided in Section 00800) 8.9 Final Release of Lien (Sample Provided in Section 00800) 8.10 Technical Specifications bearing the title "South Oslo Road WTP SCADA System Improvements" 8.11 Drawings Titled "South Oslo Road WTP SCADA System Improvements" 8.12 Addendum Number 1. 8.13 CONTRACTOR'S Bid (Section 00310). 8.14 Bid Bond (Section 00410) 8.15 Schedule of Subcontractors (Section 00431). 8.16 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.17 Disclosure of Relationships (Section 00452). 8.18 General Information Required of Bidders (Section 00456). 8.19 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 Em 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. 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 yublicrecords0rcgov.corn Indian River County Office of the County Attorney 489 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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 0 Joseph E. Flescher, Chairman. Jason E. Brown, County Administrator 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 CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Address forgiving 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.) 490 M INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 6, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: I Jennifer Hyde, Purchasing Manager SUBJECT: Recommendation of Award for RFP No. 2021052 —Automated Teller Machine Services BACKGROUND: Two Automated Teller Machines (ATMs) have been installed in Admin Buildings A and B since 2011. The original machines were placed by Oculina Bank, as the result of a request for proposals (RFP) process. At the expiration of the original agreement, another RFP was issued, with only Oculina responding. The term of the current agreement ends on August 15, with no renewals available. During the term of the current the agreement, Oculina changed its name to iTHINK Financial Credit Union ("iTHINK"). The ATMs are utilized by residents doing business with the Tax Collector, Building Division and Utilities Department, as well as by County staff. RFP RESULTS: Advertising Date: July 19, 2021 RFP Opening Date: August 6, 2021 DemandStar Broadcast to: 69 Subscribers Replies: 1 Firm Proposing Firm Location iTHINK Financial Credit Union Delray Beach ANALYSIS: The proposal received from iTHINK was determined to be responsive and included all requested information. A selection committee was not convened, as there is no need to develop a ranking of respondents. iTHINK proposes to continue providing ATM service with the existing equipment (which was replaced during the current agreement term). Fees are proposed to increase from the original $1.50 per transaction to $3.00, which is equal to their published non-member fees. Staff has been content with the service provided by iTHINK, and the ATMs have required no staff involvement. FUNDING: No separate funding is required. Cost of electrical service is negligible and will be funded out of the Facilities Management budget for electrical service. 491 RECOMMENDATION: Staff recommends the Board award the RFP to iTHINK Financial Credit Union and authorize the Chairman to execute the Sample Agreement after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS: Sample Agreement 492 Sample Agreement THIS AGREEMENT made and entered into this day of .20 by and between. , hereinafter called the ATM Owner and Indian River County, 1800 27th St. Vero Beach, FL. hereinafter called the County. WITNESSED: That whereas, the COUNTY and the ATM Owner agree as set forth below: 1. GENERAL As per specifications of River County Request for Proposal # 2021052, ATM Owner is granted the exclusive right to securely install, maintain, repair, and insure an automated teller machine ("ATM") at each of the locations indicated at no cost or obligation to the County. There will be no County participation in the operation or maintenance of the ATM. One (1) ATM is to be located on the first floor at each of the following locations: Indian River County Indian River County Administration Building "A" Administration Building "B". 180127th Street, Vero Beach, FL 32960 180027 th Street, Vero Beach, FL 32960 Additional locations may be added upon written amendment to this agreement. 2. FILLING THE MACHINE It shall be the responsibility of the ATM Owner to maintain sufficient funds in the machine and replenish the ATM with cash. 3. ELECTRICAL REQUIREMENTS The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the ongoing monthly cost for electrical service. ATM Owner, at its discretion and expense, shall connect the ATM through a wireless device. 4. INSTALLATION & MAINTENANCE ATM Owner shall install or contract installation of the ATM. For insurance requirements and security purposes, the ATM must be bolted to the floor. ATM Owner shall provide all labor involved with service and maintenance of the ATM, including supplies. ATM Owner shall provide 24-hour customer help and technical support. A Toll Free number shall be prominently displayed on the front of the ATM for customers to call for assistance. S. SIGNAGE ATM Owner shall be allowed to erect ATM signage, subject to review and approval by the County, as necessary to attract ATM business. Signage shall not be placed in view from the exterior of the building. 6. TERM OF AGREEMENT This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to automatically renew this Agreement with the consent of ATM Owner, under the same terms and 493 conditions, for two additional twelve (12) month terms. Additional terms and/or services may be added to this Agreement upon satisfactory negotiation of terms between the County and ATM Owner. Upon removal of the ATM, ATM Owner is not responsible for restoring the County's property to its pre -installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage. 7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the Proposal Pricing Form, attached as Exhibit 1. No other fees will be charged. 8. TERMINATION The parties agree that this agreement may be cancelled by either party with 30 days written notice. Upon removal of the ATM, the ATM Owner is not responsible for restoring the County's property to its pre -installation. condition (i.e. replacing flooring), unless caused by negligence or intentional damage. County may terminate this Contract if ATM Owner, 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. 9. LIABILITY INSURANCE AND INDEMNIFICATION ATM Owner shall insure the ATM and the cash used to load it. ATM Owner shall name the County as an additional insured party under its commercial general liability insurance policy and supply the County with proof of insurance. ATM Owner 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 ATM Owner and persons employed or utilized by the ATM Owner in the performance of the Work. 10. ASSIGNMENT OF AGREEMENT If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right to assign this agreement to a third -party ATM provider approved by the County prior to the assignment date. Any assignment would be for the same terms and conditions as the original agreement. 11. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 12. PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The ATM Owner shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 494 (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. 13. E -VERIFY ATM Owner 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. ATM Owner is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors utilized under this agreement. 495 This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). County: ATM 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: Jennifer Hyde Title: Purchasing Manager Address: 1800 27th Street, Vero Beach, FL 32966 Phone: 772-226-1575 Email: jhyde@ircgov.com By: (ATM Owner) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If ATM Owner is a corporation or a partnership, attach evidence of authority to sign.) ' 496 FM Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: August 5, 2021 Subject: Miscellaneous Budget Amendment 009 Description and Conditions 1. On June 7, 2016, the Board of County Commissioners approved a Local Jobs Grant for Tocqueville Asset Management LP. The second payment to Tocqueville in the amount of $40,349.17 and payment to the State of Florida in the amount of $6,317.50 for the company's Qualified Target Industry Tax Refund has been processed. Exhibit "A" appropriates $46,667 from General Fund/Reserve for Contingency. 2. On June 8, 2021, the Board of County Commissioners approved Amendment No.2 to DEP Grant Agreement No., S0839 for construction of an Oyster Reef along Foot Island in the Indian River Lagoon. Exhibit "A" appropriates $50,000 for the grant revenue and expenses. 3. On July 26, 2021, the County received the first of two anticipated State Housing Initiative Grants (SHIP) for $508,929. Exhibit "A" appropriates the grant revenue and expenses. 4. On July 13, 2021, the Board of County Commissioners approved the Memorandum of Understanding between the Treasure Coast Homeless Services Council, Inc.. and Indian River County Rental Assistance for acceptance of 34 new Emergency Housing Vouchers. Exhibit "A" appropriates $376,836 for the revenue and expense accounts. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. 497 RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2021. Attest: Jeffrey R. Smith Clerk of Court and Comptroller in Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTMNEY Resolution No. 2021 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 009 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number General Fund/Agencies/Local Jobs Grant-Tocqueville 00111015-088032 $46,667 $0 1. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $46,667 Revenue General Fund/FEDP Grant #S0839/Foot Island Oyster 001033-334300-16014 $50,000 $0 2 Reef Expense General Fund/IR Lagoon/Other Professional Services/ 00128337-033190-16014 $50,000 $0 Foot Island Oyster Reef 3. Revenue SHIP/SHIP Grant 123033-334690 $508,929 $0 Expense SHIP/SHIP Program/Purchase Assistance Loan 12322869-088050 $508,929 $0 Rental Assistance/Section 8/HUD Emergency Housing Vouchers 108033-331670-21108 $208,884 $0 Revenue Rental Assistance/Section 8/HUD Emergency Housing 108033-331671-21108 $48,952 $0 Voucher Admin Rental Assistance/Section 8/HUD Emergency Housing Voucher Service Fee 108033-331676-21108 $119,000 $0 Rental Assistance/Regular Salaries/EHV 10822264-011120-21108 $8,841 $0 Rental Assistance/Social Security Matching/EHV 10822264-012110-21108 $548 $0 4. Rental Assistance/Retirement Contribution/EHV 10822264-012120-21108 $884 $0 Expense Rental Assistance/Insurance-Life & Health/EHV 10822264-012130-21108 $1,284 $0 Rental Assistance/Medicare Matching/EHV 10822264-012170-21108 $128 $0 Rental Assistance/Other Professional Services/EHV 10822264-033190-21108 $156,267 $0 Rental Assistance/Rental Assistance Payments/EHV 10822264-036730-21108 j $208,884 j $0 499 1 of, CONSENT AGENDA 0 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: August 6, 2021 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: Renewal of RFP 2019060 FEMA Public Assistance Consulting Services DESCRIPTION AND CONDITIONS On September 10, 2019, the Board ratified the FEMA Public Assistance Consulting Services Agreement with Witt O'Brien's, which had been executed by the County Administrator on August 29, 2019, under authority granted by Resolution 2019-058. On August 18, 2020 the Board approved the first one-year extension of this contract. ANALYSIS The current agreement will expire on August 28, 2021. Witt O'Brien's has satisfactorily performed the consulting services as detailed in the agreement for the first extension of the contract. FUNDING Expenses incurred for work under this agreement are anticipated to be funded through FEMA's reimbursement of direct administrative costs. RECOMMENDATION Staff recommends the Board approve the renewal of the agreement through August 28, 2022, for the second and final term of the available one-year renewal terms, and authorize the Chairman to execute the renewal after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Second Renewal of FEMA Public Assistance Consulting Services Agreement 500 SECOND EXTENSION TO PROFESSIONAL SERVICES AGREEMENT FOR FEMA CONSULTING BETWEEN WITT O'BRIEN'S LLC ("CONSULTANT") AND INDIAN RIVER COUNTY ("CLIENT") THIS SECOND EXTENSION to the Professional Services Agreement for FEMA Consulting is entered into this 17th day of August, 2021 by and between CONSULTANT and CLEINT. BACKGROUND RECITALS A. On August 29, 2019, CONSULTANT and CLIENT entered into the Agreement for Professional Services for FEMA Consulting (the "Agreement"). B. On August 18, 2020, CONSULTANT and CLIENT entered into the First Extension of the Agreement for Professional Services for FEMA Consulting (the "Agreement"). B. Paragraph 3 of the Agreement contains the period of performance. C. Pursuant to the Agreement, the parties desire to renew the Agreement by this Second and Final Extension with the same terms and conditions. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The Professional Services Agreement for FEMA Consulting Services is hereby extended from August 29, 2021 until August 28, 2022. 3. All other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Extension to be executed effective the day and year in which set forth above. COUNTY: OWNER: INDIAN RIVER COUNTY Witt O'Brien's, LLC an go Joseph Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY go Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) go Attest (CORPORATE SEAL) 501 W, INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 6, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommendation of Award for Bid No. 2021049 Egret Marsh Algal Turf Scrubber Influent Feed System Replacement BACKGROUND: Egret Marsh is an active regional stormwater and canal water pollution reduction facility that uses algae to remove harmful nutrients from the water. This project involves improvements to Egret Marsh Stormwater Park and Nature Preserve's algal turf scrubber, (ATS) influent water distribution system. Improvements include construction of two ATS manifold flushing systems, removal and replacement of the ATS lateral distribution system valves, and pressure injection of epoxy into Egret Marsh's concrete headworks structure to seal leaks where the manifold distribution piping penetrates the walls. BID RESULTS: Advertising Date: June 24, 2021 Bid Opening Date: August 3, 2021 Demandstar Broadcast to: 629 Subscribers Plans Downloaded by: 16 Vendors Replies: 2 Vendors Bidder Location Total Annual Bid 1. Costello Brothers Marine Construction, Inc. Lake Placid $97,999.68 2. EE&G Restoration, Inc. Miami Lakes DQ* *EE&G did not provide per unit pricing ANALYSIS: The department reviewed the bids submitted, including qualifications and references, and has determined Costello. Brothers Marine Construction, Inc. to be the lowest, responsive and responsible bidder. 502 FUNDING: The estimated Budget for this project was $100,000. Funds in the amount of $97,999.68 are available in the Optional Sales Tax/Public Works Construction in Progress/Egret Marsh Headworks (31524338-066510-21012) account. RECOMMENDATION: Staff recommends the Board award bid 2021049 to Costello Brothers Marine Construction, Inc. and authorize the Chairman to execute the sample agreement upon review and approval bythe County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement 503 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 Costello Brothers Marine Construction Inc., (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: Improvements include construction of two ATS manifold flushing systems, removal and replacement of the ATS lateral distribution system valves, and pressure injection of epoxy into Egret Marsh's concrete headworks structure to seal leaks where the manifold distribution piping penetrates the walls. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: EGRET MARSH ALGAL TURF SCRUBBER INFLUENT FEED SYSTEM REPLACEMENT Bid Number: 2021049 Project Address: 7295 4T" Street, Vero Beach, FL 32968 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 10th day after the date when all material arrives at the job site.. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.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: 504 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment A. Due to the short duration allocated for this project, the OWNER shall make only one payment for the entire amount of the contract when the Work has been completed. Upon a determination of satisfactory completion, the OWNER's Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release B. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and"for every act and neglect of the OWNER and others relating to or arising out of the Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations underthis 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. 505 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) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2021049; (5) CONTRACTOR'S Bid Form, completed (Exhibit 1); (6) Bid Bond; (7) Qualifications Questionnaire; (8) Drug Free Workplace Certification Form; (9) Affidavit of Compliance; (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (12) Certification Regarding Lobbying; (13) Attachment A—Technical Specifications; (14) Attachment B — Contractor's Final Application for Payment for the Egret Marsh Algal Turf Scrubber Influent System Replacement Project; (15) Attachment C — Contractor's Final Certification of the Work; (16) Attachment D — Drawings and Information; (17) The following which may be delivered or issued on or after the Effective Date of the 506 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 bylaw), 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. 507 (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 — FEDERAL CLAUSES - This Article is not applicable for this Contract. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; 508 (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 SubArticle B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunderand shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such. termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran .Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.. 509 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [the remainder of this page was left blank intentionally] 510 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: CONTRACTOR: INDIAN RIVER COUNTY Costello Brothers Marine Construction, Inc. By: By: Joseph E. Flescher, Chairman (Contractor) 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: Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 180127th Street Vero Beach, FL 32960 Office (772) 226-1569 echarest@ircgov.com (CORPORATE SEAL) Attest: Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 511 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 9, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Change Order 1 to the Agreement with All Webbs, Enterprises Inc. for Well Field Feasibility Expansion Study BACKGROUND: On June 8, 2021, the Board waived the requirement for bids for the Well Field Feasibility Expansion Study, with a modified agreement approved on July 13, 2021. After discussions among staff, the Contractor, and our consulting engineer, Kimley-Horn and Associates, additional time to complete the project has been recommended. Time for substantial completion of the work on Well N-7, located at North County WTP, is suggested to be extended 30 days for sufficient time to complete bacteriological testing (Bac-t); and obtain FDEP clearance of the well,. An additional 28 days will be added to the Well N7 Milestone date as well as the project Substantial and Final Completion dates to account for site clearing and grubbing, installation and removal of the crushed concrete pad, removal and reinstallation of the well electrical panels, and restoration at Well N7. SOURCE OF FUNDS: No additional funds are necessary for this request. RECOMMENDATION: Staff recommends the Board approve Change Order 1 to the agreement and authorize the Chairman to sign it. Fit mfiril!hTi1dk1YC Change Order 1 512 DocuSign Envelope ID: 6644C20B-57F6-4F2E-8615-09348C745E88 Change Order Form No. 1 DATE OF ISSUANCE: 8/9/2021 EFFECTIVE DATE: 8/9/2021 OWNER: Indian River County CONTRACTOR All Webbs Enterprises, Inc. Project: Well Field Feasibility Expansion OWNER's Project No. You are directed to make the following changes in the Contract. Documents: Description: This Change Order extends the Well N7 Milestone Substantial Completion date by 58 days, the project Substantial Completion date by 28 days, and the Final Completion date by 28 days. Reason for Change Order: Well N7 Milestone date will be extended 30 days for to ensure enough time to Bac-t and receive FDEP clearance of the well. An additional 28 days will be added to the Well N7 Milestone date as well as the project Substantial and Final Completion dates to account for site clearing and grubbing, installation and removal of the crushed concrete pad, removal and reinstallation of the well electrical panels, and restoration at Well N7. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Time Description Amount Original Contract Price $992,100.00 Net Increase (Decrease) $0 from previous Change 300 Orders No. to Contract Price prior to this $992,100.00 Change Order: 0 Net increase (decrease) of $0 this Change Order: Contract Price with all $992,100.00 approved Change Orders: (days or dates) CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Milestone Substantial Completion: 120 Substantial Completion: 270 Final Completion: 300 Net change from previous Change Orders No. to (days) Milestone Substantial Completion: 0 Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Milestone Substantial Completion: 120 Substantial Completion: 270 Final Completion: 300 Net increase (decrease) this Change Order: (days or dates) Milestone Substantial Completion: 58 Substantial Completion: 28 Final Completion: 28 Contract Time with all approved Change Orders: (days or dates) Milestone Substantial Completion: 178 Substantial Completion: 298 Final Completion: 1 328 513 Change ORder - 1 DocuSign Envelope ID: 6644C20B-57F6-4F2E-B615-09348C745E88 ACCEPTED: By: DocuSigned by: CO pT p nature) Date: 8/10/2021 RECOMMENDED: By: DocuSi ned by: Date: 8/10/2021 Change ORder - 2 APPROVED: By: OWNER (Signature) Date: 514 Consent Item 'V Indian River County, Florida Department of Utility Services Board Memorandum Date: July 26, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Work Order No. 7 with Kimley-Horn and Associates — South County Reverse Osmosis Water Treatment Plant 2022 Permit Renewal Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) located on Oslo Road, east of 20th Avenue. The plant is currently permitted for 8.57 million gallons per day (MGD). The current IRCDUS SCRO WTP Florida Department of Environmental Protection (FDEP) Permit No. 31-FL0037940-006 will expire on May 6, 2022. The renewal application is due 180 days prior to the expiration date, or by November 7, 2021. Analysis: Staff requested that Kimley-Horn and Associates (KHA) submit a proposal to prepare and submit the FDEP renewal application for the existing SCRO WTP permit. The scope of the renewal requirements are more specifically described in the attached Work Order No. 7. On November 5, 2019, the Board of County Commissioners (BCC) awarded Request for Quote (RFQ) 2019070 for Professional Services for Water Plant and Water Resources Engineering Services to KHA. The total negotiated cost for the permit renewal is a lump sum amount of $32,200.00. KHA will prepare two copies of the permit package to be submitted to the FDEP Southeast District. Funding: Funding of $32,200.00 for Work Order No. 7 is available in the Water Treatment -Other Professional Services account (Account No. 47121936-033190) within the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account No. Amount Other Professional Services FY 20-21 47121936-033190 $15,000.00 Other Professional Services FY 21-22 47121936-033190 $17,200.00 Total $32,200.00 515 F:\Utilities\UTILITY - Engineering\WATER\WTP - South RO\Permit Renewal 2021\Admin\SCRO Agenda KHA August 2021 ha.docx Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 7 with Kimley-Horn and Associates, for $32,200.00, with $15,000.00 coming from Fiscal Year 2020-2021 and $17,200.00 coming from Fiscal Year 2021-2022, and authorize the Chairman to execute the same, as presented. Attachment: Work Order No. 7 — Scope of Services F:\Utilities\UTILITY - Engineering\WATER\WTP - South RO\Permit Renewal 2021\Admin\SCRO Agenda KHA August 2021 ha.docx 516 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES.ENGINEERING SERVICES RFQ2019070 WORK ORDER 7 Indian River County Utilities Department South Oslo Road Water Treatment Plant Industrial Wastewater Facility Permit Renewal This Work Order Number 7 is entered into as of this 29th day of July 2021, pursuant to that certain AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this 5` 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: 2 Print Name: Brian Good Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorne EXHIBIT #A Work Order Number Industrial Wastewater Facility Permit Renewal for South Oslo Rd Water Treatment Plant PROJECT UNDERSTANDING Indian River County Utilities (IRCU) owns and operates a reverse osmosis (RO) water treatment plant currently rated at 8.57 mgd maximum daily flow with an industrial wastewater facility permit for demineralized concentrate disposal rated for 1.5 mgd maximum daily flow. An upcoming expansion of the RO plant will reduce the amount of membrane concentrate flow from 1.5 mgd to 1.3 mgd, but the overall water quality will increase to the ATS. Also, a minor modification to the permit dated April 23, 2021, to only report average daily flow (ADF) on the DMR's was included. The existing industrial wastewater facility permit FL0037.940-006 expires May 6, 2022, and IRCU desires to renew the operating permit and include some of these conditions listed above. The renewal application and fees are due to be submitted to FDEP Southeast District 180 days in advance, or by November 7,,2021. The facility includes a new Algal Turf Scrubber system which includes up to 10 mgd of stormwater pumped from South Relief Canal, comingled with RO plant concentrate which trickles over a.4.6 acre treatment area prior to discharging to Sub -Lateral J-1 canal. Various monitoring. locations throughout the treatment system are .included with monthly and/or quarterly monitoring. A 1.15 acre final polishing man-made wetland is used to treat the ATS treated blend water before discharging to the Sub -Lateral J-1 canal. A return (recycle forcemain) allows reuse of effluent to hydrate the ATS in the event South Relief canal supply water is not available for use. All surface waters' used for stormwater supply and discharge of treated effluent are considered Class III fresh surface water, and therefore require freshwater species (fathead minnows & daphnia water fleas) for chronic toxicity testing. The following scope of services consists of preparing and submitting an operating permit renewal and responding to requests for additional information from the Florida Department of Environmental Protection. SCOPE OF SERVICES The scope of services will consist of collecting and reviewing the existing operating data since the last.renewal (5 -years) and implementation of the Algal Turf Scrubber (ATS) system, preparation and submittal of permit application including existing information furnished by IRCU which will be updated as part of the application package, concentrate water quality, and responding to FDEP "requests for additional information (RFI). K:\WPB_Civil\General\Black\Florida\IRCU\2021 Oslo DC Permit Renewal\20210728 - South County Demineralization Permit Renewal.docx Page 1 of4 518 Consultant will attend a kick-off meeting to discuss the operation of the treatment system since the previous permit renewal, collect data, and discuss potential revisions to the permit through the application renewal. Consultant will conduct a site visit with operations staff to review the operation of the existing ATS and stormwater pump station and attend a pre-application/site meeting with FDEP staff as suggested in their notice of permit renewal. Consultant will prepare applicable application forms to maintain the existing rated capacity. Application forms including 62-620.910(1) and 2DC 62-620.910(18) forms will be prepared and submitted along with supporting tables, graphs, and process flow diagram. Consultant will update the existing engineering report prepared for the previous up -rating. Consultant will prepare a list of data and documentation needed for the+preparation of the permit renewal application. Information such as background water quality data, treatment plant water quality, MOR's, daily plant flow data, non-compliance notices, historical concentrate water characteristic data, etc., as a minimum, will be provided by IRCU for use in preparing the permit application. The following parameters are included as part of the existing operating permit and will be reviewed as part of the permit application. Severalof these parameters are measured at multiple locations within the ATS .treatment system. Where practical and if desired, the frequency and/or elimination of testing will be requested in the permitting process. i • Flow • pH • Phosphorus (Total) • Nitrogen (Total) • Ammonia Nitrogen • Hydrogen Sulfide • Dissolved Oxygen • Fluoride • Conductivity (Salinity) Chlorine ./Temperature ' CBOD5 (removed from testing) Mercury Copper Gross Alpha Radium 226/228 Fecal coliform (removed from testing) Acute Toxicity (Daphnia water fleas, fathead minnows) Consultant will rely on the calculations for Total Daily Mass Load (TMDL) and ATS system performance as outline in the permit. A condition of the permit allows a reduction in monitoring frequency of acute toxicity to every six months, which. Consultant will review as part of the permit renewal, if the data supports this request. Consultant will prepare a draft application with supporting tables, graphs, trends, and explanations to the permit application renewal and submit draft copies to IRCU staff for review one month prior to submittal deadline. Consultant will attend a review meeting to K:\WPB_Civil\General\Black\Florida\IRCU\2021 Oslo DC Permit Renewal\20210728 - South County Demineralization Permit Renewal.docx Page 2 of 4 519 discuss the draft application and supporting information and revise the permit application based on comments developed in review meeting. It is assumed that only minor adjustments to the best management plan and standard operating protocols will need to be provided, and Consultant will update the existing Best Management Practices (BMP) and Standard Operating Procedure (SOP) provided and prepared previously by IRCU. We do not anticipate more than two requests for additional information which will be addressed under this scope. Should the permitting process involve extensive coordination and additional responses beyond what is listed herein with FDEP, this should be considered additional scope and services. A permit application fee of $6,000 will be paid for by IRCU and is NOT included in this scope of services. TIME SCHEDULE Consultant will complete these tasks in a timely and mutually agreed upon schedule, and intends on submitting the permit application and supporting information by the submittal deadline of November 7, 2022. i FEESCHEDULE We will provide these services in accordant with our Continuing Services Contract Agreement for Professional Services dated April 17th, 2018, with Indian River County. The Consultant will provide professional services for Task 1 through Task 7 on a lump sum fee basis as follows: Task No. / Task Task Fee Task 1 Collect & Review Data $ 4,800 Task 2. " Meetings $ 4,500 Task`3 Review & Evaluate Results $ 5,000 Task 4 Prepare Application $ 4,000 Task 5 Prepare Supporting Information $ 4,100 Task 6 Submit Permit Package & Coordination $ 3,300 Task 7 Respond to RAI's $ 6,500 Total Lump Sum Fee = $ 32,200 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: K:\WPB_Civil\General\Black\Florida\IRCU\2021 Oslo DC Permit Renewal\20210728 - South County Demineralization Permit Renewal.docx Page 3 of 4 520 Additional coordination and responses to FDEP or other agencies (IRFWCD) Preparation of Operating Protocols and Best Management Practices Design drawings KAWPB_Civil\General\Black\Florida\IRCU\2021 Oslo DC Permit Renewal\20210728 - South County Demineralization Permit Renewal.docx Page 4 of 4 521 Consent Item IN Indian River County, Florida Department of Utility Services Board Memorandum Date: July 21, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Request for Purchase of Sodium Hypochlorite Tanks for South County Reverse Osmosis Water Treatment Plant Background/Analysis: The South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) has two 5,500 -gallon sodium hypochlorite (chlorine) bulk storage tanks to supply chlorine to the finished drinking water. These two tanks were scheduled to be replaced in Fiscal Year (FY) 2022/2023. The life span of these tanks average seven (7) to ten (10) years. However, one of the existing tanks has failed and developed a leak. Since the tanks were installed at the same time, staff believes it is in the best interest of the County to replace both tanks. Staff has received three quotes to replace both tanks, and Odyssey Manufacturing Co. was the lowest quote. 1. Odyssey Manufacturing $ 65,500.00 2. CEJCO Carl Eric Johnson, Inc $ 76,512.00 3. Blue Plant Environmental Systems $ 89,500.00 Funding: Funds, in the amount of $65,500.00, for this project are derived from the Capital fund for "Other Equipment" (Account Number 471-166002) in the Utilities operating budget. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Other Equipment 471-166002 $65,500.00 F:\Utilities\UTILITY -EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Chlorine Tanks South County RO Cmc Jh Final.Doc Page�2fI Recommendation: The staff'of the Department of Utility Services recommends that the Board of County Commissioners (BCC) waive the requirement for bids given that three quotes were obtained, and authorize the Purchasing Department to issue a purchase order to Odyssey Manufacturing Co., for $65,500.00, for the purchase of the two tanks. Staff also recommends the BCC declare the two existing tanks, assets 27765 and 27766, as surplus and authorize their sale or disposal, as appropriate. Attachments: 1. Odyssey Manufacturing Quote 2. CEJCO Carl Eric Johnson, Inc., Quote 3. Blue Plant Environmental Systems Quote F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Chlorine Tanks South County RO Cmc Jh Final.Doc 523 ODYSSEY MANUFACTURING CO. FACSIMILE TRANSMITTAL From: Patrick H. Allman`"r To: Mike Vernon, Indian"iverCty, South RO WTP Superintendent Fax #: E-MAILED Re: SODIUM HYPOCHLORITE TANK REPLACEMENT QUOTE Date: July 9, 2021 Pages: 2, including this cover sheet. Mike, As a follow-up to our delivery this past Friday, one of the two existing 4,500 -gallon sodium hypochlorite tanks at the Indian River South RO plant has failed and is leaking out of the containment tank from the bottom fitting (Tank 41 or the west tank). Both tanks are over ten years old so they are definitely past end of life. The plant uses about 250 — 300 gpd so based on the volume the plant has 30 days on -hand (the FDEP requirement is a minimum of 14 days with 17 days being optimum because of concerns with chlorate formation). You indicated you wanted larger tanks over 5,000 gallons. As such, Odyssey proposes to furnish and install two Assmann HDLPE 5,250 -gallon sodium hypochlorite double -walled tanks for the firm lump sum price of $33,400 for one tank or $65,500 for two tanks. This cost includes the tanks, materials, installation and shipping. Our breakout delivered cost for the two tank themselves with fittings is $60,500, but the warranty is only one-year parts only from the manufacturer if you select this option. The tanks are rated for 1.9 specific gravity and for use with sodium hypochlorite. The tanks measure 119" in diameter and are 154" tall. The tanks will have restraints rated for 180 mph winds consisting of SS316 cables, and four HDLPE feet and attachments. Each tank will have a 24" safe -surge or popup manway, a 4" bulkhead fitting for a level sensor, a 2" fill line and a 4" u7vent on top of the tank. The bottom sidewall connection is a titanium double -flanged fitting. As part of our scope of supply, we will install a new Schedule 80 PVC fill line on each bulk tank and a new piping from the tank to the existing chemical feed equipment. All pipe supports shall be new SS316 strut and clamps. The tanks will have a reverse sight -glass. As part of the work, we will transfer over your existing ultrasonic level sensors. We would agree to perform the required FDEP notification and signed and sealed letter at no cost if this option is chosen. From the desk of... Patrick H. Allman General Manager 1484 Massaro Boulevard Tampa, Florida 33619 Cellular/Voicemail: (813) 335-3444 Business: (800) ODYSSEY Facsimile: (813) 630-2589524 The equipment has a six-week lead time. The work has a three-year parts and labor warranty from Odyssey Manufacturing Co. (and not the manufacturer). Because materials are going up almost monthly, this proposal will expire in sixty (60) days. Odyssey is a licensed general and plumbing contractor who specializes in chemical system design, permitting, equipment supply, equipment installation and service work. We have installed over 3,500 chemical systems in Florida including several for Indian River County in the past including most of the systems at the South RO plant. Thanks for your consideration. Pat. From the desk of... Patrick H. Allman General Manager 1484 Massaro Boulevard Tampa, Florida 33619 Cellular/Voicemail: (813) 335-3444 Business: (800) ODYSSEY Facsimile: (813) 630-25825 Quote #: 22-0048-112 CEJCO Carl Eric Johnson, Inc. Design, Engineering & Fabrication of Fluids Handling Systems Pumping — Metering — Heating — Cooling — Filtration - Mixing To: Indian River County Oslo Plant 1550 9th St SW Vero Beach, FL 32962 . Date: July 21, 2021 From: Jobi Mathew CEJCO Services Division 1725 Suite Q MacLeod Drive, Lawrenceville, GA 30043 Office: 678-377-3100 Fax: 678-377-2021 Cell: 678-371-1973 imathew@ceico.net Tank replacement at Oslo Plant WTF Indian River County: 1. Scope of Installation for Wing Plumbing • Trancfer rhorniralc to tomnnrani tank r�r • Provide Crane and other necessary equipment for installation • Remove and onsite disposal of existing tank • Install new tank onto staging area • Install new fill lines, suction lines, sight glasses, vent and restraint system 2. Polyprocessing 5400 SAFE tank • Additional details on next pages Tank Price: $ 45,887.00 for Two (2) Installation Price: $ 25,625.00 Estimated Freight: $ 5,000.00 Delivery: 4-5 weeks after release to fabrication* *Note: fabrication will begin after final drawing approval and final price approval. Price includes tank, installation & taxes as noted in terms. 22-0048-112 July 75261 CEJCO Carl Eric Johnson, Inc. Design, Engineering & Fabrication of Fluids Handling Systems Pumping — Metering — Heating — Cooling — Filtration - Mixing COMPONENTS IN THIS PROPOSAL While the Tank Offering section above highlights the overall systems, this grid details individual components and accessories for a more complete look. LABEL STOCK# DESCRIPTION QTY Tank. System Application: Bulk Tnk Storage of Hypo Usage: 5400GaI Bulk Tnk Storage for Hypo Chemical:Sodium Hypochlorite, 9 - 15%, SPG 1.2 Op Env: ` Outdoor/To I00F/Wind 3/Seismic 0/Pneutltatically Filled>/Non-Scrubber Nominal Tank> Nominal Tank> 5400 Safe -tank Inside Primary Tank, Sodium Hypochlorite 9 - Primary Tank 42005400441 5400 Safe -tank Inside Primary Tank 1.90 specific gravity wall thickness, Crosslinked Polyethylene (XLPE)+ ,Black Tank wall includes Oxidation Resistance additivcs(OR1000)+ 2 Comments: WEIGHT: 1735 DIA: 1 I' -I 1" HT: 9'-9" TOP: 24" Containment: Containment Tank Containment Tank 42106300411 5400 Safe -tank Nested Containment Outside Tankl.90 specific gravity wall thickness, Crosslinked Polyethylene (XLPE)+ Black 2 YI:il1V1a111�uJ:,. Lid/Manway 10645 Cover 24" Manway with 8" vent Combination lid (FS2650 Lid 0 )+ ,Black (polyethylenc)with vent screen 2 Fill/Discharge: Fill/Discharge Fill 2785 Universal Ball Dome Fitting 2" Bulkhead fitting Style PVC/EI'DM 2 2063 Flange Adapter 2" Threaded PVC 2 Dome: ' Dome Fittings Instrument 2785 Universal Ball Dome Fitting 2" Bulkhead fitting Style PVC/EPDM 4 2063 Flange Adapter 2" Threaded PVC 4 Sidewall: Sidewall Fittings Inner Tank Fitting 11449 BOSS_fitting (Bolted One-piece Sure Seal)+ 2" This fitting same plastic & compatibility as tank wall- Polyethylcnc/Titanium/EPDM 2 Pump Feed 9753 Transition Fitting 2" with containment around outlet pipe and built-in flex. PVC/EPDM/"I'itanium with Expansion Joint PTFE 2 2063 Flange Adapter 2" Threaded PVC 2 Venting: Venting Vent 3275 U -vent 4" PVC 2 Level Gauge: Level Gauges Level Measurement 3356 Reverse Float Level Gauge+ PVC 2 Comments: Calibrate Gauge for SPG=1.2 For Reverse Float Gauge 2825 Universal Ball Dome Fitting 2" Flange Style PVC/Titanium/EPDM 2 11633 Support F/S T External Pipe Assembly Blue 2 GAL. TAPE 2650 + Gallonage Tape 2 Other Parts: 10ther Parts 22-0048-112 July 252671 CEJCO Carl Eric Johnson, Inc. www.cejco.net Design, Engineering & Fabrication of Fluids Handling Systems Phone: 678-377-3100 Pumping — Metering — Heating — Cooling — Filtration - Mixing Other Part NS -140 Wind Restraints 2 Services: Tests and Services BC -008 Hydro Test 2 BC -008 Impact "Test 2 BC -008 Gel Test 2 BC -008 Wall Thickness - Actual 2 BC -00I Approval Drawing 2 Freight Freight and Shipping Summary Agent: Bestway Method: To Be Determined Payment Method: To Be Determined Source/Name: PPC Shipping Department/Jobi Mathew Contact Info: Mike Wyatt;Tel: 772-581-7684 Freight Estimate FREIGHT Freight and Shipping Estimate (Actual TBD) I Comments: 1550 9th St SW Vero Beach 32962 22-0048-R2 j.1Y ;529k AS."- CEJCO Carl Eric Johnson, Inc. www.cejco.net Design, Engineering & Fabrication of Fluids Handling Systems www,cejco.net Phone: 678-377-3100 Pumping — Metering — Heating — Cooling — Filtration - Mixing Fax: 678-377-2021 Terms and Conditions: Submittal: Estimated at 2 to 3 business days after purchase order acceptance by CARL ERIC JOHNSON, INC. Ships: Estimated at time as stated above and subject to shop schedule at time of receipt of approved submittal and fulfillment of any contract T&C's Freight: 1) Prepaid and Added to Final Invoice (FOB Lawrenceville, Georgia 30043) 2) Customer Provided 3rd Party Billing Freight Carrier 3) Customer Advised COD 4) Customer Scheduled 3rd Party Shipping Method Terms: 1) NET30 (Subject to Credit Review for New Accounts) 2) Credit card: CEJCO Accepts VISA, MasterCard or American Express (2Y surcharge applies on total order on American Express cards) 3) Cash in Advance Validity: 60 Calendar Days from July 21, 2021 Tax: Not Included in Proposal Spare Parts: Not Included in Proposal Installation: Included as stated in Proposal Startup: Included as stated in Proposal Submittals: Electronic PDF Included in Proposal - Additional Hard Copies are $30 Each O&M's: Electronic PDF Included in Proposal - Additional Hard Copies are $30 Each Cancelation Fees: Cancelation Charges will be accessed at time of cancelation based on project status, restocking fees associated with returning items received or scheduled for delivery before cancelation order is issued Warranty: Products manufactured by Carl Eric Johnson, Inc. are warranted to be free of defects in materials and workmanship for 12 months from date of startup, but not exceeding 18 months from manufacture. Carl EricJohnson, Inc. assumes liability to replace or repair the product depending on the nature of the warranty claim. Carl Eric Johnson, Inc. will not be liable for any costs of removal, installation, transportation, or any other charges that may arise in connection with a warranty claim. Carl Eric Johnson, Inc. will not be liable for damage or wear to products caused by abnormal operation conditions, accident, abuse, misuse, or if the product was not installed in accordance with Carl Eric Johnson, Inc.'s installation and operating instructions. Should this proposal become an order, please address and send to: Carl Eric Johnson, Inc. 1725-Q Macleod Drive Lawrenceville, GA 30043 Email: jmathew@cejco.net If you have any additional questions, or require any additional information, please let us know. We appreciate your consideration of our proposal and look forward to the opportunity to work with you further on this project. Sincerely, Jobi Mathew P. E. Carl Eric Johnson, Inc. 1725 Suite Q MacLeod Drive, Lawrenceville, GA 30043 Office: 678-377-3100 Fax: 678-377-2021 Cell: 678-371-1973 jmathew@cejco.net Cc via email. , R. Leffew, G. Cox, M. Welsh, CEJCO Services 22-0048-R2 July 25291 Blue Planet Environmental Systems, Inc. ph: 888-859-9726 PO Box 60790 ph: 321-255-1931 ix: 321-255-3947 Palm Bay, FL 32906 www.blueplanetenv.com July 16, 2021 Mr. Michael Vernon Indian River County South RO WTP Superintendent 1840 25 th Street Vero Beach, Florida 32960 Subj: INDIAN RIVER COUNTY SOUTH RO SODIUM HYPOCHLORITE TANK PROJECT Dear Mr. Vernon, Per your request, Blue Planet Environmental agrees to provide a turnkey solution to replace the existing sodium hypochlorite tanks at the Indian River County South RO Water Treatment Facility (WTF).located in Vero Beach, Florida. The cost to perform the work is $89,500. We will provide the following equipment/services and all of the labor to do the installation: • Two Assmann Double -Walled Bulk Storage Tanks rated for 5,250 gallons Factory Tank Restraint System rated for 180 mph winds • 2" Fill Lines • 2" Reverse Sight Glasses on Each Tank 1 '/z" Feed Lines to Existing Chemical Feed Equipment Warranty: One Year Parts and Labor Lead Time: Eight Weeks This quote is valid for 60 days. Please contact me at (321) 265-1931 to schedule the work. Sincerely, Debby Rosenglick 530 MM INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: August 9, 2021 SUBJECT: Consideration of the Indian River County SHIP Program 2021 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 17, 2021. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate -income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 18/19, FY 19/20, and FY 20/21. 531 For each FY, SHIP funds consist of state allocations (unless funds are withheld or swept to fund other state purposes) and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #I shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for the closeout fiscal year (FYI 8/19) showing that all allocated SHIP funds were expended for that FY. That report must also include interim year data for interim year 1 and 2 (FY 19/20 & FY 20/21). A certification form for the report must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attachment #2 to this staff report is the county's SHIP Program FY 2018-2019 annual closeout report with interim year data for FY 2019-2020 and FY 2020-2021. The FY 2018-2019 final closeout annual report must be submitted to the state by September 15, 2021. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the SHIP requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized.by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • At least 20% of funds must be utilized for special needs applicants or household members • Not more than 10% of state allocated and 5% of program income funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. A copy of the attached annual report has been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual report, and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual report (see attachment #3). FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. 532 ALTERNATIVES. The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Report. Those are: Approve the attached SHIP Annual Report and authorize the Chairman to sign the attached Certification Form, allowing staff to submit the report to the Florida Housing Finance Corporation. 2. Reject the attached SHIP Annual Report. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2021 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: 1. SHIP Funds and Applicants Information Summary 2. 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Capacity $21,157.00 3 Charge Loans Homeownership Totals: $639,578.41 30 Rentals Rental Totals: Subtotals: $639,578.41 30 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $35,000.00 1 $17,269.91 Totals: $691,848.32 30 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended I I $350,000.00 Encumbered I I Unencumbered $339,328.61 Code Strategy Amount Units Amount Units I Amount I Units Rental Totals: Subtotals: $639,578.41 30 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $35,000.00 1 $17,269.91 Totals: $691,848.32 30 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $350,000.00 Program Income (Interest) $6,069.67 Program Income (Payments) $339,328.61 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year $11.92 Total: $695,410.20 * Carry Forward to Next Year: $3,561.88 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 536 Attachment 2 Form 2 Rental Unit Information Description ELI LOW MOD Up to 140% Eff. 1 Bed 2 Bed 3 Bed 4 Bed 341 382 533 699 864 568 609 731 845 942 910 975 1,170 1,352 1,508 1,365 1,462 1,755 2,028 2,262 1,592 1,7061 2,047 2,3661 2,639 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $639,578.41 100.00% Public Moneys Expended $172,840.50 .00% Private Funds Expended $335,843.06 .00% Owner Contribution $47,807.50 .00% Total Value of All Units $639,578.41 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statute Compliance Category SHIP Funds Trust Funds % of Trust Fund Minimum % Homeownership $639,578.41 $350,011.92 182.73% 65% Construction / Rehabilitation $639,578.41 $350,011.92 182.73% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Expended Total Available Funds % Extremely Low $83,087.35 11.95% Very Low $172,840.50 24.85% Low $335,843.06 48.29% Moderate $47,807.50 6.87% Over 120%-140% .00% Totals: $639,578.41 91.97% Project Funding for Expended Funds Only 537 Attachment 2 Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $83,087.35 2 0 $83,087.35 2 Very Low $172,840.50 8 0 $172,840.50 8 Low $335,843.06 14 0 $335,843.06 14 Moderate $47,807.50 6 0 $47,807.50 6 Over 120%-140% 0 0 $.00 0 Totals: $639,578.41 30 $.00 0 $639,578.41 30 Form 3 538 Attachment 2 Purchase Assistance SEBASTIAN 1 1 without Rehab 1 2-4 5 + Description Municipality Owner Occupied SEBASTIAN People 1 Owner Occupied Unincorporated 1 Rehabilitation Loans 2 14 Rehabilitation Loans Other Total Owner Occupied Owner Occupied VERO BEACH Emergency Repair Unincorporated 1 1 1 Rehabilitation Loans Loans Totals: 13 12 5 30 Family Size Totals: 8 17 5 30 Race (Head of Household) List Unincorporated and Each 1 2-4 5 + Description Municipality Person People People Total Owner Occupied Unincorporated 5 7 2 14 Rehabilitation Loans Other Total Owner Occupied Unincorporated 4 Emergency Repair Unincorporated 1 1 2 Loans Emergency Repair SEBASTIAN 1 Emergency Repair Unincorporated 1 Loans 2 Purchase Assistance Unincorporated 1 4 2 7 without Rehab Emergency Repair SEBASTIAN 1 Impact Fee / Unincorporated 2 1 3 Capacity Charge Loans Purchase Assistance Unincorporated 4 Purchase Assistance SEBASTIAN 1 1 without Rehab Owner Occupied SEBASTIAN 1 Unincorporated 1 Rehabilitation Loans 3 Owner Occupied BEACH 1 1 Rehabilitation Loans IVERO Loans Totals: 8 17 5 30 Race (Head of Household) 539 Attachment 2 List Unincorporated and Each Hisp- Amer - Description Municipality White Black anic Asian Indian Other Total Owner Occupied Unincorporated 4 8 2 14 Rehabilitation Loans Emergency Repair Unincorporated 1 1 2 Loans Emergency Repair SEBASTIAN 1 1 Loans Purchase Assistance Unincorporated 4 1 2 7 without Rehab Impact Fee / Unincorporated 2 1 3 Capacity Charge Loans Purchase Assistance SEBASTIAN 1 1 without Rehab Owner Occupied SEBASTIAN 1 1 Rehabilitation Loans 539 Attachment 2 Owner Occupied VERO BEACH 1 Status Year Adopted and Each 1 Rehabilitation Loans Expedited permitting Expedited Permitting - Description Municipality Worker less Elderly Total Totals: 15 11 4 Demographics (Any Member of Household) 30 Totals: 5 5 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target( I Total # of Description Group Expended Funds Expended Units Status of Incentive Strategies Incentive List Unincorporated Category Status Year Adopted and Each Farm Home - Expedited permitting Expedited Permitting - Description Municipality Worker less Elderly Total Owner Occupied Unincorporated and 1.6 4 4 Rehabilitation Loans Ongoing review process Ongoing Review - Housing Required Implemented, 1994 Emergency Repair Unincorporated in LHAP 0 Loans Required Implemented, 1998 Housing Element Policy 2.5 Emergency Repair SEBASTIAN Allowance of flexible lot Small Lot Subdivision 0 Loans 1992 sizes Regulations in LHAP Purchase Assistance Unincorporated Accessory Dwelling Unit Required Implemented, 0 without Rehab Regulations in LHAP Other Impact Fee / Unincorporated Implemented, 1995 0 Capacity Charge in LHAP Commercial Loans Purchase Assistance SEBASTIAN 0 without Rehab Owner Occupied SEBASTIAN 0 Rehabilitation Loans Owner Occupied . VERO BEACH 1 1 Rehabilitation Loans 30 Totals: 5 5 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target( I Total # of Description Group Expended Funds Expended Units Status of Incentive Strategies Incentive Description (If Other) Category Status Year Adopted (or_ N/A) Expedited permitting Expedited Permitting - Required Implemented, 1994 Housing Element Policy 1.5 in LHAP and 1.6 Ongoing review process Ongoing Review - Housing Required Implemented, 1994 Element Policy 1.7 in LHAP Flexible densities 20% Density Bonus- Required Implemented, 1998 Housing Element Policy 2.5 in LHAP Allowance of flexible lot Small Lot Subdivision Required Implemented, 1992 sizes Regulations in LHAP Allowance of accessory Accessory Dwelling Unit Required Implemented, 1992 dwelling units Regulations in LHAP Other Allowing Multi -Family in Required Implemented, 1995 Conjunction with in LHAP Commercial 540 Attachment 2 Support of development Development Near Required Implemented, 2010 near Transportation in LHAP transportation/employment Hubs/Employment-Housing hubs Element Policy 1.9 Other Assistance to Non -Profits Required Implemented, 2010 for Establishing CLTs- in LHAP Housing Element Policy 4.10 Other Assistance to Non -Profits Required Implemented, 2010 for Establishing CDCs- in LHAP Housing Element Policy 4.11 Other Assistance to Employers Required Implemented, 2010 for Employer Assisted in LHAP Housing -Housing Element Policy 4..12 Other Establishing Private/Public Required Implemented, 2010 Housing Trust fund- in LHAP Housing Element Policy 4.13 Other Regulations Allowing Zero Required Implemented, 2012 Lot Line Subdivisions in LHAP Other Establishment of LHAP- Required Implemented, 1992 Housing Element Policies in LHAP 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1 Impact fee modifications SF Affordable Housing Required Adopted 2020 Impact Fee Reduction/Waiver Support Services The county, in conjunction with financial institutions, conducts a homebuyers education workshop program for all applicants who request purchase assistance. The county holds Indian River County SHIP Affordable Housing Partnership Meetings with local lenders and real estate professionals to provide updates on office policy changes to the SHIP program and invite them to join the SHIP program. SHIP staff work closely with Habitat for Humanity staff to provide loan assistance to qualified loan applicantsi in Indian River County. The Indian River County Council on Aging provides various services to elderly and handicapped individuals including housing assistance. The Housing Authority and Economic Opportunity Council provides housing assistance to qualified households. County staff provide one on one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages and providing other assistance as needed. County SHIP staff, in conjunction with local financial institutions, non-profit organizations and others, conducts information workshops in the Gifford and Wabasso area of the county which. have a high percentage of minorities and low income households. Other Accomplishments 541 Attachment 2 M the end of June 2019, the Indian River County LHAP Program has approved 22 loans with FY 2018/2019 'unding. LHAP Program staff held several public meetings, placed newspaper advertisements and announcements. Because of these efforts, the LHAP Program is well known to the public, and there are nany more eligible applicants than the county can assist with available SHIP funds. Availability for Public Inspection and Comments knnual reports provided to the public through AHAC, Affordable Housing Partnership Group, county Dlanning division, municipalities within the county, and the county website. Life -to -Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 820 Mortgage Foreclosures A. Very low income households in foreclosure: 47 B. Low income households in foreclosure: 53 C. Moderate households in foreclosure: 16 Foreclosed Loans Life -to -date: 115 SHIP Program Foreclosure Percentage Rate Life to Date: 14.02 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 0 SHIP Program Default Percentage Rate .Life to Date: 0.00 Strategies and Production Costs Strategy Average Cost Emergency Repair Loans $5,836.35 Impact Fee / Capacity Charge Loans $7,052.33 Owner Occupied Rehabilitation Loans $30,435.42 Purchase Assistance without Rehab $14,243.21 Expended Funds Total Unit Count: 30 Total Expended Amount: $639,578.00 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted Owner Occupied MAVIS 2119 SUNRISE DR IVERO BEACH 32962 $44,786.20 Rehabilitation BROWN SW Loans 542 Attachment 2 Emergency Repair ROBERT & 110 16TH AVE VERO BEACH 32962 $5,534.60 Loans JEANE BROWN Emergency Repair PENNY 494 EASY ST SEBASTIAN 32958 $3,652.95 Loans CALDWELL Owner Occupied BRENDA 4258 36TH CT VERO BEACH 32967 $37,451.50 Rehabilitation FLOWERS Loans CANADY Owner Occupied BRENDA 4048 42ND SQ VERO BEACH 32967 $34,068.50 Rehabilitation CROSDALE Loans Owner Occupied JESSE & 8636.61 ST DR VERO BEACH 32967 $23,470.50 Rehabilitation ANDRIANA Loans CHAMBERS Owner Occupied PARASTOU N 2523 2ND PL SW VERO BEACH 32962 $50,000.00 Rehabilitation ERFANI Loans Purchase JA'LICIA 2050 WATERSIDE VERO BEACH 32962 $15,000.00 Assistance without SADE WAY SW Rehab GACHELIN Impact Fee / JA'LICIA 2050 WATERSIDE VERO BEACH 32962 $7,560.00 Capacity Charge SADE WAY SW Loans GACHELIN Purchase ALICIA 2120 WATERSIDE VERO BEACH 32962 $20,000.00 Assistance without NICOLE WAY SW Rehab GOODNIGHT Impact Fee / ALICIA 2120 WATERSIDE VERO BEACH 32962 $7,560.00 Capacity Charge NICOLE WAY SW Loans GOODNIGHT Purchase STEPHANIE 831 WASENA AVE SEBASTIAN 32958 $15,000.00 Assistance without ANN Rehab GRIESHABER Owner Occupied STEPHANIE 831 WASENA AVE SEBASTIAN 32958 $9,730.30 Rehabilitation ANN Loans GRIESHABER Owner Occupied DAVID J. & 1726 29TH AVE VERO BEACH 32960 $48,279.00 Rehabilitation SUZANNE Loans GUARIN Purchase SHELDON 8345 99TH CT VERO BEACH 32967 $10,000.00 Assistance without JAMES Rehab KOSCUK Owner Occupied SHELDON 8345 99TH CT VERO BEACH 32967 $9,900.00 Rehabilitation JAMES Loans KOSCUK Purchase JESSICA 2103 2ND AVE SE VERO BEACH 32962 $15,000.00 Assistance without AMELIA RICE Rehab Owner Occupied JESSICA 2103 2ND AVE SE VERO BEACH 32962 $9,991.00 Rehabilitation . AMELIA RICE Loans Owner Occupied JEANETTE 3406 47TH ST VERO BEACH 32967 $37,755.85 Rehabilitation ROWE Loans 543 Attachment 2 Owner Occupied ANDREA 1190 5TH AVE SW VERO BEACH 32962 $40,779.51 $116,190.14 Rehabilitation SCHULZE Interest Earned: ALL 1 $52,269.91 Loans Owner Occupied LARRY AND 8535 61ST DR SEBASTIAN 32967 $44,551.00 Rehabilitation LUCILLE Loans SHUREN Purchase DAVID LEE 1260 12TH CT SW VERO BEACH 32962 $20,000.00 Assistance without AND Rehab SCHWARZKO PF, KARINA SMITH Impact Fee / DAVID LEE 1260 12TH CT SW VERO BEACH 32962 $6,037.00 Capacity Charge AND Loans SCHWARZKO PF, KARINA SMITH Purchase LEONARDO 8866 104TH AVE VERO BEACH 32967 $9,378.45 Assistance without AND LUZ Rehab VAZQUEZ Owner Occupied LEONARDO 8866 104TH AVE VERO BEACH 32967 $4,731.80 Rehabilitation AND LUZ Loans VAZQUEZ Purchase CARLOS 916 35TH AVE SW VERO BEACH 32968 $9,567.20 Assistance without VAZQUEZ Rehab Owner Occupied CARLOS 916 35TH AVE SW VERO BEACH 32968 $4,230.05 Rehabilitation VAZQUEZ Loans Emergency Repair ALVIN 1696 19TH AVE SW VERO BEACH 32962 $8,321.50 Loans WIGGINS Owner Occupied LADONNA 2440 42ND PL VERO BEACH 32967 $45,331.50 Rehabilitation WILLIAMS Loans Occupied MARGARET 3856 44TH ST VERO BEACH 32967 $41,910.00 ilitation E WILLIAMS I I Administration by Entity Name Business Type Strategy Covered Responsibility Amount Indian River County $116,190.14 Government ALL Interest Earned: ALL 1 $52,269.91 Program Income Program Income Funds Loan Repayment: $4,228.94 Refinance: $.00 Foreclosure: $116,190.14 Sale of Property: $218,909.53 Interest Earned: $6,069.67 Total: $345,398.28 544 Attachment 2 Number of Affordable Housing Applications Number of Affordable Housing Applications Submitted Approved Denied Explanation of Recaptured funds Description Total: $.00 Rental Developments Development Owner Address city Zip SHIP Amount SHIP Compliance Name Code Units Monitored By Single Family Area Purchase Price The average area purchase price of single family units: 164,600.00 Or Not Applicable Form 5 545 Attachment 2 Special Needs Breakdown SHIP Expended and Encumbered for Special.Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 3 Owner Occupied Rehabilitation Loans $195,590.70 5 Amount Units 6 Emergency Repair Loans $13,856.10 2 Rehabilitation Loans Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing downpayment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Interim Year Data 546 Attachment 2 Expended Encumbered Strategies Special Needs Category Amount $82,237.70 Units Amount Units (3) Owner Occupied Person with Disabling 2 Rehabilitation Loans Condition (not DD) $13,856.10 (6) Emergency Repair Receiving Social Security 2 Loans Disability Insurance $113,353.00 (3) Owner Occupied Receiving Social Security 3 Rehabilitation Loans Disability Insurance Provide a description of efforts to reduce homelessness: Providing downpayment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Interim Year Data 546 Attachment 2 Interim Year Data Interim Year 1 State Annual Distribution $358,231.00 Program Income $313,319.23 Program Funds Expended $241,238.57 Program Funds Encumbered $378,822.60 Total Administration Funds Expended $51,489.06 Total Administration Funds Encumbered Homeownership Counseling Disaster Funds 65% Homeownership Requirement $620,061.17 75% Construction / Rehabilitation $620,061.17 30% Very & Extremely Low Income Requirement $286,136.22 30% Low Income Requirement $329,730.25 20% Special Needs Requirement $380,999.29 Carry Forward to Next Year Interim Year 2 State Annual Distribution Program Funds Expended Program Funds Encumbered $14,074.23 173.09% 173.09% 42.61% 49.10% 56.73% 547 Attachment 2 548 Attachment 2 State Housing Initiatives Partnership((SHIP) Program Annual Resort and Local Housine Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2018/2019 and interim years 2019-2020&2020-2021_. 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Bill Schutt Witness Signature Date Chief Elected Official or Designee Signature Date Joseph E. Flescher, Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name ATTEST: Jeffrey R. Smith, Clerk of Circuit Court.and Comptroller ATTEST (Seal) Signature Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. 549 Attachment 3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Brian Freeman, AICP MPO Staff Director DATE: August 6, 2021 SUBJECT: Work Order with MBV Engineering, Inc. for Design of the Next Phase of the Trans - Florida Central Railroad Trail It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 17, 2021. DESCRIPTION AND CONDITIONS The Trans -Florida Central Railroad Trail has its roots in Indian River County going back to the late 1890's. From 1905 to 1951, the Trans -Florida Central Railroad constructed a track and operated rail service from the Florida East Coast (FEC) rail line in Sebastian to the interior of Indian River County, stopping at several locations in Sebastian and Fellsmere and transporting passengers and agricultural products to and from the FEC. Their work in constructing berms, drainage.swales, and rail beds remains today, and forms the basis, of a rail -to -trail between Fellsmere and Sebastian. The most recent phase of the rail trail was completed in 2018 and includes a trail bridge over Interstate 95. The next phase of the trail begins at the west edge of the overpass and runs approximately 1.4 miles along the former rail bed. This phase includes the portion of the trail that crosses through the St. Sebastian Preserve State Park. ANALYSIS In coordination with the Public Works Department, MPO staff has prepared a work order with MBV Engineering, Inc. for civil design services for the 1.4 -mile segment of the trail west of 1-95 trail overpass. This section of the trail Will be constructed as an asphalt paved trail similar to existing trail east of 1-95. 550 The Board approved the Continuing Consulting Engineering Services Agreement for Professional Services with MBV Engineering, Inc. on April 17, 2018 and extended that agreement on May 18, 2021. In accordance with that agreement, MBV Engineering will provide professional services to prepare engineering design plans and specifications. FUNDING Optional Sales Tax revenues in the amount of $84,750 will be used to pay for the design of the trail. Sufficient funds are available in Optional Sales Tax/Road & Bridge/Trans Florida Greenway Phase II, Account # 31521441-066510-21035 to cover the expenses associated with the trail design. Construction of the trail will be mostly paid for by a $920,000 grant from the Florida Department of Transportation (FDOT). FDOT has programmed that grant for FY 2022/23, and it is included in the MPO's five-year Transportation Improvement Program (TIP). RECOMMENDATION Staff recommends the Board approve the work order with MBV Engineering, Inc. for design of the next phase of Trans -Florida Central Railroad Trail and authorize the Chairman to execute it after the County Attorney has approved as to form and legal sufficiency. Attachmpntsc Work Order No. 22 with MBV Engineering, Inc. for design of the next phase of Trans -Florida Central Railroad Trail 551 WORK ORDER 22 Rails to Trails 1.4 Mile Extension of the Historic Trans -Florida Rail Trail. This Work Order Number 22 is entered into as of this _ day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, 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 D (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 B (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: MBV Engineering, Inc. By: Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, COUNTY Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, COUNTY Attorney 552 EXHIBIT A - SCOPE OF WORK It is understood the COUNTY desires to construct Phase 2 of the Historic Trans Florida Rail Trail system from the west side of the 1-95 Bridge approach to the City of Fellsmere city limits. The 1.4 -mile trail extension will pass through the St. Sebastian River Preserve and will follow the Historic Trans -Florida Railroad Route. We understand the upgraded trail will convert the trail to an asphalt paved surface with several culvert crossing installations to re -connect and rehydrate existing wetlands. It is also understood the multi -use trail will also provide for a safety upgrade for this area by acting as a fire break for the St. Sebastian River Preserve and provide for safer egress movements forr emergency vehicles. Through preliminary coordination with county staff and the St. Johns River Water Management District (SJRWMD), it is understood the project will require environmental design and permitting and that the COUNTY will contract these services separately with the selected environmental consultant. MBV will coordinate, as necessary, with the selected consultant to provide all plans and documents necessary for the jurisdictional permitting. All environmental design, studies, reports, and investigations will be completed by the selected consultant and provided to MBV as needed for submissions to the jurisdictional agencies. It is understood, through meetings with SJRWMD, no stormwater design will be required other than the development for the project's Erosion Control Plans. Therefore, drainage modeling and permitting are not included in this Work Order. It was further understood, through coordination with SJRWMD, the project environmental permitting must also be reviewed and approved by Florida Department of Environmental Protection (FDEP) under the new 404 Assumed Waters requirement. This permitting will be conducted by the COUNTY's environmental consultant and MBV will assist with documents, as necessary, in this coordination. Project survey will be provided by the COUNTY. Survey shall be inclusive of topography, above -ground infrastructure, any utility and underground infrastructure, wetland or preserve area(s) flagging, that may be required for design in the influence area of the proposed project limits. All vertical and horizontal locations shall be the responsibility of the COUNTY, or COUNTY's designated consultant, and provided to MBV for use in the proposed design plans. MBV shall coordinate and work with COUNTY, as needed, on the necessary plan coordination for the existing conditions information. Furthermore, it is understood that IRC will coordinate with the Florida Department of Transportation (FDOT) during the project and that MBV will assist and provide all necessary design documentation, as needed, to support the coordination. The CONSULTANT proposes to provide the COUNTY with the necessary design plans and engineering to complete the below detailed scope of work associated with the roadway safety improvements project and as further described below. 553 Task 1- Trail Route & Topographic Survey Review and Coordination MBV will coordinate with the COUNTY, or COUNTY's survey consultant, as required, on the existing conditions survey data and information. It is understood COUNTY will provide all necessary topographic survey data in CAD format to MBV for utilization in the design plans. It is also understood all vertical and horizontal locates will also be provided by the COUNTY or COUNTY's survey consultant. MBV shall review provided survey data and shall provide in writing to the COUNTY comments for any areas requiring further data collection needed to assist in the proper project design. MBV shall utilize final existing conditions data for the base line information for the project. Task 2 - Trail Construction Plans The trail construction plans shall be developed to provide design for the 1.4 -mile length of the Historic Trail from the west side of the 1-95 Bridge approach to the City of Fellsmere city limits. The plans will reflect the design and details to include the construction of the 1.4 -mile section trail from the limits stated above. The construction plans shall include plan and profile views of the proposed trail and up to (45) cross- sections at intervals along the 1.4 -mile corridor improvement area, or at more frequent intervals near sensitive design areas. Trail plans shall include paving and grading design with applicable details, as required. It is understood that minor drainage infrastructure is anticipated to re -connect and re - hydrate existing wetlands and will, therefore, be detailed accordingly in the trail improvement plans. All plans will be prepared in accordance with the latest design standards and practices (MUTCD) and the FDOT Standard Specifications and Indices. Trail plans shall depict existing rights-of-way, section lines, property lines (as applicable), temporary construction easements (as applicable) and center line of construction. Erosion control plans and applicable details sheets shall be developed, as applicable, to support the roadway project. All specifications shall be noted and contained on the trail construction plans and shall reference either Indian River County and/or FDOT Specifications for Road and Bridge Construction. Any deviations from County and/or FDOT Specifications for Road and Bridge Construction shall be noted and clarified on the construction plans. Task 3 - County Reviews The CONSULTANT will attend two (2) progress review meetings with the COUNTY staff at the 50 and 100 percent levels of design completion. Design plans will be provided to the COUNTY at the 50% design milestone for review. COUNTY will provide to CONSULTANT written comments at each review phase. CONSULTANT will rely on COUNTY to coordinate with Florida Department of Transportation (FDOT) for the proper reviews of said plans. MBV will incorporate any comments from FDOT into the plans as provided and upon approval by COUNTY. This task includes revisions to plans from each COUNTY and FDOT review within reasonable scope of the project. 554 Task 4 - Permitting Through a coordination call with SJRWMD staff, it was acknowledged that the proposed improvements will require an Individual Permit Modification to SJRWMD Permit No.: 141651-1. Stormwater Drainage Modeling will not be required but all Erosion Control measures must be designed and accounted for. A joint application will be required that will include all the necessary environmental applications, reports, plans and documents to be submitted with the modification application. It is also understood the project will require approval from the FDEP under the new 404 Assumed Waters policy. All Environmental permitting design and coordination will be conducted by the COUNTY's selected environmental consultant and provided to MBV as needed for the permit applications process. COUNTY shall be responsible for the payment of permit application fees. Task 5 - Cost Estimates and Pay Items The consultant will produce an Opinion of Probable Cost (OPC) at the 100% design milestone of the project. A summary of pay items sheet shall be prepared and incorporated into the 100% (Final) plans submission. The final plans (signed and sealed) will be provided to COUNTY based upon English units and provided in digital and PDF formats. Task 6 - Bidding Phase The COUNTY shall be responsible for providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of civil plan documents for bidding • Attendance at pre-bid meeting • Responses to requests for additional information (RAIs) from bidders NOTE: All construction specifications will be on the applicable Civil plan sheets in lieu of a specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via DemandStar. Task 7 - Construction Phase The Consultant shall provide the below services during the Construction Phase. Should additional Construction Services be desired, CONSULTANT can provide COUNTY Amendment to the Work Order for the desired additional services. • Shop drawings review of civil site components • Attendance at one (1) pre -construction meeting • Coordination with COUNTY Planning and Public Works inspection staff for RAIs during construction • RAI coordination with selected contractor • Review of project as-builts provided to CONSULTANT by COUNTY • Certification by E.O.R. to COUNTY, SJRWMD and FDEP for Civil Portion 555 EXHIBIT B - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Interim Submittal (50% design drawings) 90 days from the latter of the issuance of Notice to Proceed or receipt of the project survey • Construction (100% design drawings) 90 days from 50% Milestone Review* *It should be noted, through coordination with the SJRWMD, permitting with the FDEP for the Environmental portion of the project under the new 404 Assumed Waters Policy may take additional time. Though the construction plans may be deemed complete by all parties, it is possible the FDEP approval may not yet be available. EXHIBIT C - DELIVERABLES The CONSULTANT shall provide the COUNTY with the following at the designated milestones: • Interim (50%) completion: o Three (3) sets of plans in FDOT 11"x17" format o One electronic version of plans set in PDF format • Construction (100%) completion: o Three (3) sets of plans in FDOT 11"x17" format (signed & sealed) o One (1) Opinion of Probable Cost (OPC) o One (1) electronic version of the plans in pdf and CAD format EXHIBIT D - 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: Task Fee Task 1: Trail Route & Topographic Survey Review and Coordination $4,400 Task 2: Trail Construction Plans $ 43,500 Task 3: County Reviews $ 5,500 Task 4: Permitting $ 9,200 Task 5: Construction Estimates & Pay Items $ 1,250 Task 6: Bidding Phase $ 3,400 LUMP SUM TOTAL $67,250 Task 7: Construction Phase (HRLY Not -To -Exceed) $ 17,500 HRLY NOT -TO -EXCEED TOTAL $17,500 556 Note: The above fee schedule represents a Lump Sum fee for Tasks 1-6. Task 7 will be billed on an hourly rate bases as the services, are required with a not -to -exceed fee amount. ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by COUNTY in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. 557 CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 3 Beach and Dune Nourishment Project — Phase 1 (IRC -1925) APTIM, Work Order No. 2018006-10, Pre -Construction Services DATE: August 4, 2021 BACKGROUND AND DESCRIPTION On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Nourishment Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. The Sector 3 Beach and Dune Restoration Project originally bid as one complete project and was scheduled to commence on November 1, 2020. The low bidder of the project at $17,138,681.81 withdrew their bid from consideration and the second bidder was over $29,000,000.00 After evaluating the second bid and the timing issue created by the bid withdrawal, Sector 3 was split into two (2) separate projects based on the size and complexity of the project coupled with a limited construction timeline due to sea turtle nesting season restrictions. Phase 1 of the project was competitively bid and awarded to Guettler Brothers Construction on December 1, 2020 for $11,987,010.00. Due to significant additional erosion that occurred prior to construction starting on Phase 1, the volume of beach compatible sand needed to fill the permit templates was increased by approximately 25%, resulting in a contract amendment being approved by the Board of County Commissioners on February 2, 2021 increasing the cost of the project to $14,474,110.00. Due to the increased amount of sand and a hard stop date of April 30, 2021 for sea turtle nesting season, Phase 1 of the Sector 3 Beach and Dune Restoration project was not completed during the 2020/2021 construction season. In order to complete the project and avoid on -beach construction activities during sea turtle nesting season, the contractor will recommence Phase 1 construction during the 2021/2022 construction season beginning November 1, 2021. When complete, Phase 1 of the Sector 3 Beach and Dune Restoration project is estimated to place 558 approximately 384,000 cubic yards of beach compatible sand within the northern 3.9 mile stretch of Sector 3. Phase 2 of the Sector 3 Beach and Dune Restoration Project, the southern 2.7mile stretch, is anticipated to begin nourishment activities in the upcoming 2021/2022 construction season at an Engineer's estimated cost of $12,241,216.00. The proposed Work Order No. 2018006-10 includes three (3) separate tasks pertaining to the pre -construction services required for the completion of Phase 1 of the Sector 3 Beach and Dune Nourishment Project. Task 1 covers a design update for the required volume of sand within the project area based on summer 2021 routine semi-annual beach surveys provided by the County for $4,040.00. Task 2 covers recommencement coordination with the County and Contractor for $2,490.00. Task 3 covers late season sea turtle monitoring for $4,059.30. Work Order No. 2018006-10 is for a lump sum amount of $10,589.30. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the pre -construction monitoring in the amount of $10,589.30 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian Account No. 12814472-066514-17001. Account Name I Account No. I Amount Sector 3 Beach Renourishment 12814472-066514-17001 1 $10,589.30 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-10 in the total lump sum amount of $10,589.30. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-10. ATTACHEMENT APTIM Work Order No. 2018006-10 Work Order No. 2018006-10 execution agreement APPROVED AGENDA ITEM FOR: August 17th, 2021 559 July 30, 2021 Mr. Eric Charest Indian River County Public Works- Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FIL Sector 3 — 2018006 — Work Order #10 Phase I Pre -construction Services. Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County. (the County) in support of the Sector 3 Beach and Dune Restoration Project. The scope of work described herein is to support the County in preforming preconstruction services for the recommencement of Phase I of the Sector 3 project including design updates and late season sea turtle monitoring. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Task 1: Design Update The summer 2021 routine semi-annual survey of the project area conducted by the County will be used by APTIM to calculate an update to the required fill volume. The updated fill volume will likely differ from the bid volume due to natural changes in the beach profile since the design survey. APTIM will discuss the updated fill volume with the County and revise the construction template to align with the permit conditions. The County will be copied on correspondence regarding the design update. Deliverable APTIM will distribute the revised template in PDF format to the project team. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $4,040.00. 560 ,APTIM Task 2: Recommencement Coordination July 30, 2021 Page 2 of 4 APTIM will coordinate with the Contractor for remobilization and completion of Phase I of the Sector 3 Project. The County, APTIM and the Contractor will participate in a meeting to discuss the schedule, remobilization, and other aspects of the project. APTIM will coordinate with the FDEP and USACE after corresponding with the Contractor regarding their schedule to recommence construction. Notices will be sent to both agencies.to inform them as to the status of the project. Deliverable APTIM will also send the recommencement notifications to the FDEP and USACE after corresponding with the Contractor regarding their schedule to begin construction. The County will be informed and/or copied on correspondence regarding this task. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $2,490.00. Task 3: Late Season Sea Turtle Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which states: Construction -phase sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks will be performed under this work order include: • Task 1: Late season nest relocations • Task 2: Late season nest monitoring surveys • Task 3: FDEP permit required sea turtle monitoring Excel spreadsheet Cost The lump sum cost for this task is $4,059.30. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #10 is $10,589.30. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed 561 ,APTIM July 30, 2021 Page 3 of 4 work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC Client Authorized Signature Printed Name Title 562 ,oAPTIM EXHIBIT 2 Indian River County, FL Sector 3 -2018006 -Work Order #10 Phase I Pre -construction Services Summary of Cost by Task July 30, 2021 Page 4 of 4 Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Totals $ $ S E rt Witness estimon Demob $ Task 1 Design Update $ 4,040.00 $ $ $ $ $ 190.00 $ 4,040.00 12 $ Recommencement $ 20 $ 3,800.00 Sr Coastal Engineer/Pro' Mir $ 165.00 $ Task Coordination $ 2,490.00 $ $ $ $ $ 150.00 $ 2,490.00 $ Late Season Sea Turtle $ $ Coastal Engineer II $ 125.00 $ Task 3 Monitoring $ $ 4,059.30 $ $ $ - $ 105.00 $ 4,059.30 Totals = $ 6,530.00 $ 4,059.30 $ $ $ $ $ 10,589.30 Submitted By: 1 Nicole Sharp submitted ro: Indian River County, FL Submisslon Date: Summary of Labor Hours and Cost Labor Title Labor Bill Rate Design U ate as Labor Hours I Cost Recommencement Coordination Labor Hours Cost Late Season Sea Turtle Monitoring Labor Hours Cost Labor Hours Totals Cost Principal Engineer/Sr Pro Mn r $ 250.00 $ $ $ S E rt Witness estimon $ 300.00 $ $ $ $ Program Manager $ 190.00 8 S 1,520.00 12 $ 2,280.00 $ 20 $ 3,800.00 Sr Coastal Engineer/Pro' Mir $ 165.00 $ $ S $ Coastal Engineer III $ 150.00 $ $ $ $ Coastal Engineer II $ 125.00 $ $ $ $ Coastal Engineer 1 $ 105.00 24 $ 2,520.00 2 $ 210.00 $ 26 $ 2,730.00 Coastal Modeler 0 S 130.00 $ $ S s Coastal Modeler I s 110.00 $ $ $ $ Professional Surveyor& Ma $ 145.00 $ s $ $ Hydrographer S 135.00 $ S $ $ Surveyor $ 95.00 $ $ $ $ Survey Technician S 80.00 $ $ $ $ Senior Marine Biologist $ 135.00 $ $ S S Marine Biologist II $ 95.00 - $ $ S $ Marine Biologist I $ 72.00 $ $ $ $ Professional Geo ist $ 150.00 $ S $ $ Geologist III S 130.00 $ S S $ Geologist 11 $ 95.00 $ $ $ $ Geologist 1 $ 80.00 $ $ $ $ Senior CAD Operator $ 140.00 $ $ $ $ CAD Operator $ 105.00 $ $ $ $ GIS Operator $ 105.00 $ $ $ $ Boat Captain $ 80.00 $ $ $ $ Bookkeeper $ 80.00 $ $ $ $ Clerical $ 71.00 $ $ $ $ Technician $ 60.00 $ $ $ $ Subcontractors - $ - $ 4,059 $ S 4,059.30 Equipment - $ - $ - $ $ Materials - $ - S - $ $ Other ODCs - $ - S - $ $ Mob1¢ation/Demob - s - $ - $ $ TOTAL 32 $ 4,040.00 14 $ 2,490.00 4,059 1 $ 46 $ 10,589.30 563 WORK ORDER NUMBER 2018006-10 PHASE 1, SECTOR 3 BEACH AND DUNE RESTORATION PROJECT RECOMMENCEMENT PRE -CONSTRUCTION SERVICES This Work Order Number 2018006-10 is entered into as of this day of 2021 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, 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 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY By: P.E. Joseph E. Flescher, Chairman Title: Director of Operations Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 564 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 3 Beach and Dune Nourishment Project — Phase 2 (IRC2109) APTIM, Work Order No. 2018006-11, Pre -Construction Services DATE: August 4, 2021 BACKGROUND AND DESCRIPTION 7CONSEINT On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Nourishment Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. The Sector 3 Beach and Dune Restoration Project was originally bid as one complete project and was scheduled to commence on November 1, 2020. The low bidder of the project at $17,138,681.81 withdrew their bid from consideration and the second bidder was over $29,000,000.00. After evaluating the second bid and the timing issue created by the bid withdrawal, Sector 3 was split into two (2) separate projects based on the size and complexity of the project coupled with a limited construction timeline due to sea turtle nesting season restrictions. Phase 1 of the project was competitively bid and awarded to Guettler Brothers Construction on December 1, 2020 for $11,987,010.00. Due to significant additional erosion that occurred prior to construction starting on Phase 1, the volume of beach compatible sand needed to fill the permit templates was increased by approximately 25%. This increase resulted in a contract amendment being approved by the Board of County Commissioners on February 2, 2021 increasing the cost of the project to $14,474,110.00. When complete, Phase 1 of the Sector 3 Beach and Dune Restoration Project is expected to place approximately 384,000 cubic yards of beach compatible sand within the permit templates. Phase 2 of the Sector 3 Beach and Dune Restoration project is anticipated to begin construction in the 2021/2022 construction season after a competitive bid and award process. The Engineer's estimate for Phase 2 of the Sector 3 Beach and Dune Restoration project calls for the placement of approximately 280,000 cubic yards of beach compatible sand at an estimated cost of $12,241,216.00. 565 The proposed Work Order No. 2018006-11 includes four (4) separate tasks pertaining to the pre - construction services for Phase 2 of the Sector 3 Beach and Dune Restoration Project. Task 1 covers a design update for the required volume of sand within the project area based. on summer 2021 routine semi-annual beach surveys provided by the County for $8,410.00. Task 2 covers bidding assistance, including a pre-bid meeting, response to bidder questions, and review/recommendation for award of bid for $4,430.00. Task 3 covers pre -construction submittals and meetings for $4,210.00. Task 4 covers late season sea turtle monitoring for $13,556.55. Work Order No. 2018006-11 is for a lump sum amount of $30,606.55. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the pre -construction bid and monitoring services in the amount of $30,606.55 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian Account No. 12814472-066514-17001. Account Name I Account No. I Amount Sector 3 Beach Renourishment 12814472-066514-17001 1 $30,606.55 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-11 in the total lump sum amount of $30,606.55. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-11. ATTACHEMENT APTIM Work Order No. 2018006-11 Work Order No. 2018006-11 execution agreement APPROVED AGENDA ITEM FOR: August 17th, 2021 566 �o APTIM August 3, 2021 Mr. Eric Charest Indian River County Public Works - Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #11 Phase II Pre -construction Services Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1861 391 8102 Fax: +1 561 391 9116 www.aptim.com i This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Restoration Project. The scope of work described herein is to support the County in preforming preconstruction services for the commencement of Phase II of the Sector 3 project including design updates and late season sea turtle monitoring. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Task 1: Design Update The summer 2021 routine semi-annual survey of the project area conducted by the County will be used by APTIM to calculate an update to the required fill volume. The updated fill volume will likely differ from the bid volume due to natural changes in the beach profile since the design survey. APTIM will discuss the updated fill volume with the County and revise the construction template to align with the permit conditions. The County will be copied on correspondence regarding the design update. Deliverable APTIM will distribute the revised template in PDF format to the project team. Updated construction plans and cross-sections will be provided. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $8,410.00. 567 APTIM Task Task 2: Bidding Assistance August 3, 2021 Page 2 of 4 APTIM will assist the County with the solicitation and award of the project. APTIM will prepare for and attend a pre-bid meeting at the County's offices to describe the project and answer technical questions for potential bidders. APTIM will respond to questions submitted by potential bidders via an addendum. APTIM will review the bid packages for completeness. Based on the bid packages, APTIM will assess the capability of the bidder to complete the work in a timely fashion; assess the capability of the bidder to perform the work within their bid amount; and assess the capability of the bidder to perform the work in compliance with permit conditions, plans, and specifications. Following this review, APTIM will provide the County a letter of recommendation, via email, as to whether the low bidder is sufficiently responsive and capable to perform the work as required. This letter will be provided within 10 days of the bid submittals. Deliverable, APTIM will assist with preparation of addendum, meeting minutes, and provide letter of recommendation for the selected contractor. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $4,430.00. Task 3: Pre -Construction Meetings and Submittals APTIM will prepare the request for Notice to Proceed from the FDEP for Phase II of the project. The request will include the documents listed in the forthcoming permit. Based on previous permits issued to the County, anticipated documents include Plans and Specifications; Turbidity Monitoring Qualifications; and Biological Monitoring Qualifications; and Sea Turtle Nesting Plan. APTIM will upload the submittal to FDEP's JCP Compliance file transfer site. APTIM will prepare for, attend, and lead a pre -construction meeting with the permitting agencies and the County's Contractor at the County's offices. Following the meeting with the agencies, the County, APTIM and the Contractor will meet to discuss other aspects of the project. APTIM will take notes from the meetings and distribute meeting minutes. Deliverable APTIM will provide meeting minutes from the pre -construction meeting. APTIM will also send the Commencement Notification letters to the FDEP and USACE after corresponding with the Contractor regarding their schedule to begin construction. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Q A P T I M August 3, 2021 Page 3 of 4 Cost The lump sum cost for this task is $4,210.00. Task 4: Late Season Sea Turtle Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which states: Construction -phase sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks will be performed under this work order include: • Task 1: Late season nest relocations • Task 2: Late season nest monitoring surveys • Task 3: FDEP permit required sea turtle monitoring Excel spreadsheet Cost The lump sum cost for this task is $13,556.55. Summary The total lump sum cost to perform the proposed work described herein for — Work Order #11 is $30,606.55. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC Client Authorized Signature Printed Name Title 569 'oAPTINV EXHIBIT 2 Indian River County, FL Sector 3 - 2018006 - Work Order #11 Phase 11 Pre -construction. Services Summary of Cost by Task August 3, 2021 Page 4 of 4 Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Totals $ $ S $ Demob $ 300.00 Task 1 Design Update $ 8,410.00 $ $ $ $ $ $ 8,410.00 Task 2 Bidding Assistance $ 4,430.00 $ $ $ $ $ $ 4,430.00 Task 3 Pre -construction Meeting & $ 4,210.00 $ $ $ $ $ $ 4,210.00 $ Submittals $ 150.00 $ $ $ $ Task 4 Late Season Sea Turtle $ - $ 13,556.55 $ $ $ S $ 13,556.55 $ Monitoring $ Coastal Engineer I $ 105.00 32 $ 3,360.00 6 $ 630.00 6 $ Totals = $ 17,050.00 $ 13,556.55 $ $ $ $ $ 30,606.55 Submitted By: Nicole Sharp Submitted To: Indian River County, FL Submission Date: Summary of Labor Hours and Cost Labor Title Labor Bill Rate - Des n U ate as Labor Hours Cost Bidding Assistance Labor Hours I Cost Pre -construction Meeting Late Season Sea Turtle 8 Submittals Mondorin as Labor Labor Hours Cost Hours Cost Labor Hours Totals Cost Pdncipal Engineer/Sr Pro M'r r $ 250.00 $ $ $ S $ Expert Witness(Testimony) $ 300.00 $ $ $ $ $ Program Manager $ 190.00 10 $ 1,900.00 20 S 3 600.00 16 $ 3,040.00 $ 46 $ 8,740.00 Sr Coastal Engineer/Pro Mn r $ 165.00 $ $ $ $ $ Coastal Engineer III $ 150.00 $ $ $ $ $ Coastal Engineer II $ 125.00 S $ S $ $ Coastal Engineer I $ 105.00 32 $ 3,360.00 6 $ 630.00 6 $ 630.00 $ 44 $ 4,620.00 Coastal Modeler II $ 130.00 $ $ S $ $ Coastal Modeler I S 110.00 $ $ S S $ Professional Surve or 8 Ma $ 145.00 $ $ $ s $ Hydrographer S 135.00 $ $ $ $ $ Surve a $ 95.00 $ $ $ $ $ Survey Technician $ 80.00 $ $ $ $ $ Senior Marine Biologist $ 135.00 $ $ 4 S 540.00 $ s 540.00 Marine Biologist II $ 95.00 $ $ $ $ $ Marine Biologist 1 $ 72.00 $ $ $ S $ Professional Geologist $ 150.00 $ S $ $ $ Geologist III $ 130.00 $ 11 $ I I $ $ $ Geologist 11 $ 95.00 $ S $ $ $ Geologist I S 80.00 S - $ s $ $ Senior CAD Operator $ 140.00 $ $ $ $ $ CAD Operator $ 105.00 30 $ 3,150.00 $ $ $ 30 $ 3,150.00 GIS Operator $ 105.00 $ S $ $ $ Boat Captain $ 80.00 S S $ $ $ Bookkeeper S 80.00 $ $ $ $ $ Clerical $ 71.00 1 $ $ S $ $ Technician $ 60.00 $ $ S S $ Subcontractors - $ - $ - s - $ 13 556.55 S 13,556.55 Equipment - S - $ - $ - $ $ Materials - $ - $ - $ - $ $ ..a, .C, - S - $ - $ - $ $ MobilizationlDemob - $ - S - $ - $ $ TOTAL 72 $ 8,410.00 26 S 4,430.00 26 S 4,210.00 - $ 13,556.55 120 $ 30,606.55 570 WORK ORDER NUMBER 2018006-11 PHASE 2, SECTOR 3 BEACH AND DUNE RESTORATION PROJECT PRE -CONSTRUCTION SERVICES This Work Order Number 2018006-11 is entered into as of this day of 2021 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, 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 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure. LLC. OF INDIAN RIVER COUNTY , P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 571 S CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Assistant Public Works Director SUBJECT: Amendment Number 3 to the Agreement for Professional Services 45th Street Improvements (IRC -1722) — RFQ 2018012 DATE: July 30, 2021 DESCRIPTION AND CONDITIONS On March 13, 2018 the Board of County Commissioners approved the Agreement for Professional Services for RFQ 2018012 with Masteller & Moler, Inc. for the 45th Street Improvements project in the amount of $308,000. These services include survey, design and permitting to relocate the existing roadway south and enclose the sub-lateral'H' canal along the south side of 45th Street, from 43rd Avenue to west of 58th Avenue, approximately 1.2 miles in a manner consistent with the Gifford Neighborhood Plan. These improvements also include the addition of 5' wide paved shoulders, pavement markings, 6 -foot sidewalk on the south side of 45th Street, existing sidewalk repairs, the replacement of failed or failing drainage pipes under the roadway. Amendment Number 1 was approved on May 21, 2019 in the amount of $43,500 to provide design services for conflicting existing water and wastewater mains. On February 4, 2020, Amendment Number 2 was approved in the amount of $35,900 for design and permitting of a new water main, bringing the Agreement amount to $387,400. The purpose of Amendment Number 3 to the Agreement for Professional Services with Masteller & Moler, Inc. is to develop a conceptual design evaluation and cost estimate to determine if reducing the size of the stormwater conveyance piping and changing the roadway cross-section to a crowned section from the original design sloping to the roadwayto one side, would result in a reduction of requirements for purchase of right-of-way and access easements by reducing the necessary real estate to harmonize driveway connections. The additional services are outlined in Exhibit A of Amendment Number 3 fora total lump sum amount of $47,400 bringing the total amount to $434,800 for the project. If the conceptual design evaluation proves beneficial, staff will present to the Board a subsequent amendment to modify the current design of the roadway to reduce costs. FUNDING Funding in the amount of $47,400 is budgeted and available from Optional Sales Tax/45th Street Roadway Improvements - Account No. 31521441-066510-17028 RECOMMENDATION Staff recommends approval of Amendment Number 3 to the Agreement for Professional Services with Masteller & Moler, Inc. authorizing the professional services as outlined in Exhibit A and authorize the Chairman to execute Amendment Number 3 on -their behalf for a lump sum amount of $47,400. 572 ATTACHMENTS Amendment Number 3 to Agreement for Professional Services with Masteller & Moler, Inc. AGENDA ITEM FOR AUGUST 17, 2021 573 AMENDMENT NUMBER 3 TO AGREEMENT FOR PROFESSIONAL SERVICES 4S" STREET ROADWAY IMPROVEMENTS - IRC -1722 This Amendment No. 3 to Agreement for Professional Services is entered into as of this day of , 20_, pursuant to that certain Agreement for Professional Services, dated March 13"', 2018 ("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 Agreement, Effective Date March 13, 2018. 2. The COUNTY and the Consultant desire to amend this Agreement as set forth on Exhibit A attached to this Amendment and made part hereof by this reference, 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 Agreement is amended as set forth in this Amendment. Pursuant to the Agreement, nothing contained in any amendments to the Agreement shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each Amendment as if fully set forth herein. TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287,135, Florida Statutes. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the date first written above. CONSULT A BOARD OF COUNTY COMMISSIONERS MASTELLE MOLER, INC OF INDIAN RIVER COUNTY By: By: Stephen E. Moler, PE Joseph E. Flescher Title: 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 574 M I MASTrLLER &MOLE,R.:INC M1 —CIVIL ENGINEERS EXHIBIT A 1655 271x' Street, Ste. 2, Vero Beach, FL 32960 (772) 567-5300 It is understood Indian. River County desires the design of the 451h Street Roadway Improvements project to be modified to reduce the size of the stormwater conveyance piping to replace the existing Indian River Farms Water Control District's A -7-E Sub -lateral from a 58" x 91" (72" Equivalent) to a 48" x 76" (60" Equivalent). In conjunction with the change to the culvert size, the County desires that the roadway cross-section be designed to be crowned rather than the culvert designed sloped section from south to north. In order to confirm these decisions will result in a reduction of requirements for purchase of right-of-way, we shall perform the following scope of services: Task N — Conceptual Design Evaluation: In order to assist the County with regard to adopting the above-described conceptual design change, we shall develop a comparative analysis to determine if the resulting design will significantly reduce the County's requirement for purchase of right-of-way along the north side of 45th Street. As stated above, the conceptual design modifications to be considered are: 1. The use of a 48" x 76" (60" equivalent) culvert system rather than a 58" x 91" (72" equivalent) culvert system; and 2. The use of a crowned roadway section rather than south to north cross-section. In order to determine the net effect of the above-described conceptual design changes to reduce the right-of-way purchase, we shall prepare a conceptual design that will include the following Steps: A. Depiction of a 48" x 76" culvert system with a minimum slope of 0.025% following the alignment depicted on the current design. B. Preparation of a Typical Crowned Cross=section with Type F Curb on both sides of the street using the same paving widths as in the current design. The Typical section will be submitted for County approval prior to proceeding to Step C. C. Preparation of a Conceptual Roadway Stormwater Collection System depicting inlets at both the north and south curb line along the crowned 45th Street corridor. D. Preparation of a Conceptual Drainage Plan Modification to depict the manner in which runoff from private lands north and south of the 45"' Street corridor will flow to the 48" x 76" culvert system. E. Development of a Conceptual Centerline Profile with high points and low points and slopes not less than 0.35%. F. Creation of Conceptual Cross-sections at high points. It is intended the above-described Conceptual Cross-sections design be superimposed over the existing Cross-sections so as to reveal whether or not the conceptual design changes will result in the reduction of needs for right-of-way purchase. 575 Page 1 of 2 F M) MASTELL'E'R & MOLER, INC. M — CIVIL ENGINEERS - 1655 27" Ste. 2,_Vero Beach, FL 32960 (772)567-5300 Task O—Cost Comparison: We will update the past construction cost estimate for the project to reflect the proposed changes to the project design as described in Task N. The previously completed cost estimate will be updated to reflect current pricing. Fee Schedule: The COUNTY agrees to pay, and the CONSULTANT agrees to accept a lump sum amount for the above-described services as listed below: Task N: Conceptual Design Evaluation $ 34,800.00 Task 0 — Cost Estimating $ 12,600.00 Time Schedule: Amendment No. 3 shall be completed as follows: Task N: Conceptual Design Evaluation 80 Working Days followed by Task O — Cost Estimating 20 Working Days Deliverables — the CONSULTANT shall provide to IRC Public Works: a. Conceptual Plans (Preliminary) 11" x 17" & 24" x 36" 2 sets b. Cost Comparison 2 sets Fite91804 Contracts/ Amend 3 — RevDeslgnConcepts (IRC-1722—AmendmentNo3 21-0729.docx) 576 Page 2 of 2 r� CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Kirstin Leiendecker, P.E, Roadway Production Manager SUBJECT: Final Payment, Release of Retainage and Change Order No. 1 Indian River Boulevard and 8th Street Signalization IRC -1909 DATE: August 5, 2021 DESCRIPTION AND CONDITIONS On July 14, 2020, the Board of County Commissioners awarded Bid No. 2020037 to Sunshine Land Design, Inc. in the amount of $798,575.00 to construct traffic signal mast arm assemblies, pedestrian crosswalks, sidewalks with ADA compliant ramps and associated drainage improvements at the intersection of Indian River Boulevard and 8th Street. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $45,016.07 for a final cost of $753,558.93 and makes final contract time adjustments. ' Sunshine Land Design, Inc. has successfully completed the project and has been paid $711,702.02 with $37,457.98 held in retainage. Sunshine Land Design, Inc. has submitted Contractor's Application for Payment No. 8 for final payment and release of retainage in the amount of $41,856.91. FUNDING Funding for the final payment and release of retainage in the amount of $41,856.91 is available in the following accounts: Traffic Impact Fees/District 3/ Account No. 10215341-066510-19010 8th Street & IR Blvd Intersection Improvements $4,398.93 Traffic Impact Fees/District 3/8th Street & IR Blvd Account No. 102-206000-19010 Intersection Improvements/Retainage/ $37,457.98 Sunshine Land Design 577 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 8 in the amount of $41,856.91 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 8 Change Order No. 1 APPROVED AGENDA ITEM FOR AUGUST 17, 2021 578 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 8-05-2021 EFFECTIVE DATE: 8-17-2021 OWNER: Indian River County CONTRACTOR Sunshine Land Design, Inc. Project: INDIAN RIVER BOULEVARD_ & 8TH STREET SIGNALIZATION IMPROVEMENTS OWNER's Project No. IRC -1909 OWNER'S Bid No. 2020037 FM No.: NJA You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $798,575.00 Net decrease of this Change Order: $(45,016.07) Contract Price with all approved Change Orders: $753,558.93 ACCEPTED: By:Sunshine Land Design, LLC CONTRACTOR (Signature) Date: CHANGE IN CONTRACTTIMES Description Time, Original Contract Time: (days or dates) Substantial Completion: 240 Final Completion: 270 Net increase this Change Order: (days or dates) Substantial Completion: 23 Final Completion: 23 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 263 Final Completion: 1 293 11 RECOMMENDED: By: Kirstin Leiendecker, P.E., IRC Engineering ENGINEER (Signature) APPROVED: By: Richard B. Szpyrka, P.E., IRC Public Works OWNER (Signature) 579 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: INDIAN RIVER BOULEVARD AND 8TH STREET SIGNALIZATION PROJECT NO. IRC -1909 BID NO. 2020037 Item No. Description Unit Quanti Unit Price Price Increase Price Decrease WCD 1 STRUCTURE MODIFICATIONS AND SIDEWALK GRADE ADJUSTN LS 1 5,585.00 5,585.00 WCD 2 DRILLED SHAFT INVESTIGATION LS 1 4,398.93 4,398.93 0.00 I FA FORCE ACCOUNT LS 1 55 000.00 55 000.00 $798,575.00 $753,558.93 SUBTOTALS 9,983.93 55,000.00 INDIAN RIVER BOULEVARD AND 8TH STREET SIGNALIZATION TOTAL $ (45,016.07) 580 1 RkPublic Works\ENGINEERING DIVISION PROJECTS\1909 IRB 8 8th St Slgnallzation Impmv\1-AOmin\Agenda Items\Project Closeout\IRC-1909_C01_20210817 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James Ennis, P.E., PMP, Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: Amendment No. 19 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street DATE: July 23, 2021 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (formally known as Arcadis G&M, Inc) is under contract with Indian River County (IRC) to provide Civil Engineering and Land Surveying Services for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street. The original Agreement was approved by the Board of County Commissioners on September 6, 2005 in the amount of $631,700.00. Eighteen amendments have been approved to date, bringing the total to $2,623,074.61. After the award of bid for construction the Contractor requested that the EOR redesign the bridge over the Indian River Farms Water Control District (IRFWCD) North Relief Canal with a design using a FDOT Standard Florida Slab Beam System design which would allow the bridge to be constructed with a smaller impact to the canal while removing the need for temporary bridge construction and at the same time allowing for the bridge design to be brought up to 2021 FDOT Design Standards. IRC Public Works staff discussed this redesign proposal with FDOT and the design modification was deemed to be beneficial to all parties. Amendment No. 19 provides for redesign of the 66th Avenue Bridge over the IRFWCD North Relief Canal. The total negotiated not -to -exceed fee for Amendment No. 19 is $55,000.00 to be billed upon the attached fee schedule. The cost will be offset by a reduction in construction price following the approval of Change Order No. 1, Design Changes for 66th Avenue Roadway Widening (49th Street to 69th Street). Amendment No. 19 increases the total contract amount from $2,623,074.61 to $2,678,074.61. FUNDING Funding in the amount of $55,000.00 for Amendment No. 19 is available in Account No. 10215241- 066510-07806/Traffic Impact Fees/District 2 Roads/Construction Progress/66th Ave/491h Street to 69th Street. Account Name Account Number Amount Traffic Impact Fees/District 2 Roads/Construction Progress/661h Ave/49th Street to 691h Street 10215241-066510-07806 $55,000.00 581 RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 19 with Arcadis US, Inc. for an amount not -to -exceed $55,000.00 and authorize the Chairman to execute the amendment. ATTACHMENTS Amendment No. 19 from Arcadis US, Inc. APPROVED AGENDA ITEM FOR AUGUST 17, 2021 582 BRIDGE REPLACEMENTS AND WIDENING OF 66THAVENUE FROM SOUTH OF SR 60 TO NORTH OF 57TH STREET IRC PROJECT NUMBER 1505 PROFESSIONAL CIVIL ENGINEERING & STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 19 TO THE PROFESSIONAL ENGINEERINGILAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (fka ARCADIS G&M, Inc.), Inc. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated September 6, 2005, between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of Services", and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Re -design of the 66th Avenue Bridge over the IRFWCD North Relief Canal. The re -designed bridge will eliminate the post -tensioning design and replace it with an FDOT Standard Florida Slab Beam System and will utilize FDOT 2021 design standards. "SECTION V — COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee The Lump Sum mutually agreed upon by the ENGINEER and the COUNTY for services rendered shall be as follows and includes a 10% ENGINEER'S sub - consultant fee for coordination. North Relief Canal Bridge Re -Design Services Structural Plans - WGI, Inc. $50,000.00 Subconsultant Coordination=Arcadis (10%) $ 5.000.00 TOTAL L UMP SUM FEES $55,000.00 583 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 19 to the AGREEMENT regardless of where executed, shall be governed by, and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this ARCADIS US, INC. 1500 Gateway Boulevard, Suite 200 Boynton Beach, Fl. 33426 Robert Lawson, V.P. WITNESSED BY: County Attorney Approved as to Form and Legal Sufficiency Jason Brown, County Administrator day of 2021. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS M. Joseph E. Flescher, Chairman Approved by BCC, Attest: Jeffrey R. Smith, Clerk of Circuit Court Deputy Clerk TENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James Ennis, P.E., Assistant Public Works Director i SUBJECT: FEMA Mandated Code Updates Related to National Floodplain Insurance Program (NFIP) and technical stormwater design engineering standards i DATE: August 6, 2021 DESCRIPTION AND CONDITIONS Indian River County participates in the National Floodplain Insurance Program (NFIP) Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements. In 2020 the NFIP Community Rating System (CRS) established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better. The Florida Division of Emergency Management has identified corrections required by the Federal Emergency Management Agency (FEMA) to update and bring the Indian River County's floodplain management regulations into conformance with FEMA's Model Floodplain Management ordinance. These updates to Chapters 901, 910, 912, and 930 of the Indian River County Ordinance Code (Code) will aid in maintaining and improving the current CRS rating of Class 6, to ensure that countywide NFIP flood insurance rates stay as low as possible or improve. Further since technical stormwater design engineering standards have evolved and certain types of water quality treatment and storage methods are more readily utilized, a revision of the stormwater management codes is appropriate for consistency with state agency criteria and clarification of common code interpretations. These changes are included in Chapters 912 and 930 of the Code. FUNDING The only funding for this item would be the advertising cost of a public hearing for a change to the Indian River County Ordinance Code. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@780FF831 \@BCL@780FF831.doc 585 PAGE TWO FEMA MANDATE CODE UPDATES For August 17, 2021 BCC Meeting RECOMMENDATION County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance amending the County Code incorporating the attached updated sections. ATTACHMENTS Attachment A Title IV Building Attachment B Chapter 901 Sec 901.03. Definitions Attachment C Chapter 910.10 Attachment D Chapter 912.08 Attachment E Chapter 930 SWM -Flood Indian River Adopting Shell Tables 930.1A -930.113-930.1C DISTRIBUTION APPROVED AGENDA ITEM FOR AUGUST 17, 2021 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780FF831\@BCL@780FF83 Ldoc 586 ATTACHMENT A— AMENDMENTS TO THE INDIAN RIVER COUNTY CODE OF ORDINANCES, TITLE IV, CHAPTER 401, BUILDING CODES, AND CHAPTER 402, COASTAL CONSTRUCTION CODE MODIFY SECTION 401.10 AS FOLLOWS: Section 401.10. - Administrative amendments to the Florida Building Code. Indian River County hereby adopts the following local administrative amendments to the Florida Building Code. Amendment to Sec. 107.3.5, Florida Building Code, Building: 107.3.5 Minimum plan review criteria for buildings. Commercial Buildings: Building 8. Structural requirements shall include: Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), FEMA Elevation Certificate (FEMA Form 086-0-33), FEMA Floodproofing Certificate (FEMA Form 086-0-34), operations and maintenance plan for buildings to be dry floodproofed, flood damage - resistant materials. Residential (one- and two-family): 6. Structural requirements shall include: Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), FEMA Elevation Certificate (FEMA Form 086-0-33), equipment, and flood damage -resistant materials. 1 587 MODIFY SECTION 401.11 AS FOLLOWS: Section 401.11. - Technical amendments to the Florida Building Code, Building. Indian River County hereby adopts the following local technical amendment to the Florida Building Code, Building. Amendment to Sec. 202, Florida Building Code, Building: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure takinq place during a ten (10) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to November 6, 2012. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Amendments to Sec. 1612.4, Florida Building Code, Building: 1612.4.1 Modification of ASCE 24. Reserved. C 7 1 in ASGEE 24 shall ho modified as fellews• . The title of Table 6.1 shall be "Minimum Elevation of Cloerinroofinn i Relative to Rase Cleed E18Vation /RCC\ or Lesion Clead Eley inn /PlCC1 in Geastal A 7enes and in Other Cleed I-la�arrl Areas that are not i High Rusk Florae azzarrA�Fear." A�Le%6, as fellews. "IDryf of nnnresidei;fal��,n�s and 588 1612.4.3 Modification of ASCE 24 (Coastal A Zone). The coastal high hazard area requirements of ASCE 24 shall apply in Coastal A Zones and stem walls shall not be permitted. 1612.4.4 Elevation requirements. The minimum elevation requirements shall be as specified in the Land Development Regulations, Chapter 930. 589 .101.0 -„ Of MAI 1 111-1 :.Mwjpjwjw M., 589 ADD NEW SECTION 401.12 AS FOLLOWS: Section 401.12. - Technical amendments to the Florida Building Code, Existing Buildinq. 590 Indian River County hereby adopts local technical amendments to the Florida Buildinq Code, Existing Building. Amendment to Sec. 202, Florida Building Code, Existing Building: SUBSTANTIAL IMPROVEMENT. For the purposes of determining compliance with the flood provisions of this code, any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure taking place during a ten (10) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to November 6, 2012. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. ADD NEW SECTION 410.13 AS FOLLOWS: Section 401.13. - Technical amendments to the Florida Buildinq Code, Residential. Indian River County hereby adopts local technical amendments to the Florida Buildinq Code, Residential. Amendment to Sec. R322.2.1, Florida Building Code, Residential: Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas shall have lowest floors elevated in accordance with the minimum elevation requirements specified in the Land Development Regulations, Chapter 930. ff Heed hazard- areas designated as Geastal A ZE)ReG shall have the lewe6t fI9GF6 elevated te eF aboye the base fleed eleyatien plus! feet 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 1.5 feet , or not less than 3.5 feet 3 feet (915 mR4) if a depth number is not specified unless higher elevations are specified in the Land Development Regulations, Chapter. 930. 5 591 3. Basement floors that are below grade on all sides shall be elevated to or above the elevations specified in the Land Development Regulations, Chapter 930. , Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. Amendment to Sec. 322.3.2, Florida Building Code, Residential: R322.3.2 Elevation requirements. 1. Buildings and structures erected within coastal high -hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated in accordance with the minimum elevation requirements as specified in the Land Development Regulations, Chapter 930. o'ov tA Ar;;hA)xp tht; hase fleed elevation plus 1 feet (305 Fnm) 9F the desigR 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill no more than one (1) foot thick), shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. Amendment to Sec. R322.3.3, Florida Building Code, Residential: R322.3.3 Foundations. Buildings and structures erected in coastal high - hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water -loading values used shall be those associated with the design flood. Wind -loading values shall be those required by this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave -velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and 6 592 structures during conditions of flooding, scour or erosion from wave -velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. system above and baGkfilled with Goo! E)F gFavel to the underside ef the fleer system shall he n mitted n .alai the fey R dations .+ a designed to St, shall have deep R)OtiRgl.; f9_ f9F the less Of 6001. **t REPEAL AND RESERVE CHAPTER 402: CHAPTER 402. — RESERVED. r. .. . .. .. 2 2 -1111 101-10 WIN- Rip .. . ... ON 7 593 594 lip fHIMililliLillo-A. 11111,11114 -11 P■_Will 11 1 594 595 UNION .......... . ........... - ML. 10 596 11 597 12 598 13 599 ATTACHMENT B — AMENDMENTS TO THE INDIAN RIVER COUNTY CODE OF ORDINANCES, TITLE IX, LAND DEVELOPMENT REGULATIONS, CHAPTER 901.03, DEFINITIONS. Accessory structure a structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. Examples are tool sheds and garages. For floodplain management purposes, accessory structures are used only for vehicle parking or storage. A..gricultural structure, for floodplain management purposes, a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. Appeal for purposes of County Code Chapter 930 relating to flood protection, means a request for a review of the interpretation by the floodplain administrator direster.of any provision of Chapter 930 floodplain regulations or a request for a variance. Coastal A Zone the area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 '/2 feet (457 mm). The inland limit of the Coastal A Zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction. (Also defined in FBC, Bl. Coastal Barrier Resources System the CBRS is a system of protected coastal areas designated by the Secretary of the U.S. Department of the Interior that includes ocean -front land, the Great Lakes and Other Protected Areas (OPAs). Coastal barriers serve as important buffers between coastal storms and inland areas, often protecting properties on land from serious flood damage. Also, coastal barriers provide a protective habitat for aquatic plants and animals. 1 600 Coastal high hazard area a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or W Zones" and are designated on flood insurance rate maps (FIRM) as Zone V1 -V30, VE, or V. jAlso defined in FBC, B Ngte� The F "floodrr gh and the F=BGr R uses the term "Gee`+ tI high hazard g n °j * * Critical facility, for purposes of County Code Chapter 930 relating to flood protection, a facility for which even a slight chance of flooding might be too -great. Critical facilities include, but are not limited to, schools, nursing homes, evacuation shelters, hospitals, police, fire and other emergency response installations, water and wastewater facilities, government offices, and facilities that manufacture or store hazardous materials and hazardous waste. The term includes facilities that are assigned Flood Desiqn Class 3 and Flood Design Class 4 pursuant to the Florida Building Code, Building. *** Crown of road. The elevation of the highest surface of street or road pavement within the right-of-way abutting the property or the elevation approved by thepublic works director or designee. *** Declaration of land restriction (nonconversion agreement). A form signed and recorded by the owner in the property deed in the Official Records of the Indian River County Clerk of Courts by the owner, to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, certain enclosures below elevated buildings and to permit inspections by the County. 2 601 abe aped Limit of Moderate Wave Action a line shown on FIRMs to indicate the inland limit of the 1 '/2 -foot (457 mm) breaking wave height durinq the base flood. [Also defined in FBC. Bl. Lowest floor the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B]. Market value relevant fan-ts. As used- on these fieE)dplaffin regulatiGns, the teFrn refers te the mwkL=t vAh itz Pf h, 'I 602 The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value (like -kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adiusted to approximate market value by a factor Provided by the Property Appraiser. *** Mean sea level means the average height of the sea for all stages of the tide. it 06 used as For purposes of County Land Development Regulations, the term is synonymous with North American Vertical Datum 1988 (NAVD88). *** Operations and maintenance plan (dry floodproofina) A plan required for nonresidential dry floodproofed buildings, prepared in accordance with ASCE 24, reviewed by the County Building Division and the County emergency management department, and recorded by the applicant on the property deed in the Indian River County Official Records of the Clerk of Courts. The plan shall acknowledge the County has the right to inspect floodproofina measures annually. *** Start of construction the date of issuance of permits for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether of or not that alteration effects the external dimensions of the building. [Also defined in FBC, B]. *** *** Substantial improvement any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a ten-year period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. For each, building or structure, the ten-year period begins on 4 603 the date of the first improvement or repair of that building or structure subsequent to November 6, 2012 the e#8Gtiye date Gf fhiS eFdiRaRGe. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B]. (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. FR_GGRJ_;tFUGtiGR, F8habilita-tion A_.r of the streets, utilities and pads equals OF exGeeds fifty (50) peFGeRt ef the value ef the stFeet6, uti1itie6 and pads befone the GtFWGtiE)R GF 5 604 ATTACHMENT C —AMENDMENTS TO THE INDIAN RIVER COUNTY CODE OF ORDINANCES, TITLE IX, LAND DEVELOPMENT REGULATIONS, CHAPTER 910.10, LEVEL OF SERVICE STANDARDS ESTABLISHED IN THE COMPREHENSIVE PLAN. Section 910.10. - Level of service standards established in the comprehensive plan. In this section the various level of service standards established in the comprehensive plan are identified. (1) Drainage. (a) The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a twenty-five-year/twenty-four-hour design rainfall event using the soil conservation service type 2 modified rainfall curves. Post development runoff shall not exceed pre -development runoff unless a maximum discharge rate has been adopted for the applicable drainage basin and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for the applicable basin, post development discharge may not exceed pre -development discharge. (b) All new roads constructed in Indian River County after September, 1990, shall meet the following design criteria: Local Road Protection Level of Service 3 -year 24-hour No flood encroachment outside existing easement and right-of-way limits storm duration 10 -year 24-hourI Limited encroachment of stormwater in front and rear yards storm duration 25 -year 24-hour Greater encroachment of stormwater in front and rear yards with no minor storm duration street flooding (2 inches maximum) 100- 3 -day year duration Some street flooding, but no flooding of existing or proposed residences storm (c) By, 2010, all existing roadways in the county shall be improved to meet the following level - of -service standard: 1. Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the two-year/twenty-four-hour storm event on local streets. 2. The center two (2) lanes of rebuilt roads must be at or above flood levels resulting from a ten- year/twenty-four-hour storm event on arterial and collector roads. (d) All drainage basins will meet the following level of service standards: 605 By 1995_12-year/24-hour storm event By 2000' 5-year/24-hour storm event By 2010 10-year/24-hour storm. event (e) The county hereby adopts the following water quality level -of -service standard; as a minimum, retention of the first one (1) inch of rainfall is required prior to offsite discharge. An additional fifty (50) percent treatment is required for all direct discharge into the Indian River Lagoon due to its designation as an outstanding Florida water, as required by Ch. 17-25.025 (9), F.A.C. 606 ATTACHMENT D — AMENDMENTS TO THE INDIAN RIVER COUNTY CODE OF ORDINANCES, TITLE IX, LAND DEVELOPMENT REGULATIONS, CHAPTER 912.08, DRAINAGE; STORMWATER MANAGEMENT AND FLOOD PROTECTION. Section 912.08. - Drainage; stormwater management and flood protection. Drainage and flood protection regulations are .applied to the construction of single-family homes. In many newer subdivisions complete drainage systems have been constructed to address most, if not all, drainage concerns. Nonetheless, lots must be filled and graded in such a manner as to meet the county's stormwater management requirements (Chapter 930, Stormwater Management and Flood Protection). The following stormwater management and flood protection regulations apply to single-family development. (1) All of Indian River County has been surveyed for flooding and stormwater characteristics by the federal government; all areas have been mapped and assigned to various zones. Some areas are located in flood zones. Flood zone maps are maintained by the public works departmen . (a) Prior to constructing a single-family home on a parcel located in a "Flood Hazard Areae," a Type "C" stormwater management permit must be obtained from the public works department. (b) 44nimum4Finished floor elevations are required for all single-family development_er Chapter.930, Table.930.1A. The ,,.,;r;,,.,,,„, elevation r;gar-e , „ be obtained .,!,.R,. with the :O ,a zone informatieft by eei#aeting the plapming division. (c) In applying for a building permit to construct a new single-family home, the following requirements must be addressed. Each applicant for single-family home building permit approval shall submit a conceptual drainage plan, as part of his parcel survey, if the building lot or parcel is not located in a subdivision having a positive drainage system previously approved by the public works director. A list of "previously approved" subdivisions shall be on file at: The Building Division; The Public Works Department; and The Planning Division. The conceptual drainage plan shall depict on a survey the existing and proposed stormwater management system including swales, appr-exifflate finished floor elevations of proposed structures, finished floor elevations of existing structures on adjacent property, physical location and centerline elevations of the roadway providing access to the site, transition grades to adjacent property, and off-site tributary drainage entering the property, and other pertinent information as may be required by the public works director. 607 All conceptual drainage plans must be approved by the public works director prior to the issuance of a building permit. The public works director shall approve conceptual drainage plans and approve revisions to such plans, if it is determined that by constructing in accordance with the plans: (24-) Stormwater runoff shall be directed through a proper system, including driveway culverts conforming to the requirements of section 930.072(7)(W; 22) Stormwater runoff shall not encroach upon adjacent properties; -3) Side slopes do not exceed a maximum of four (4) feet horizontal to one foot vertical; 0"6) All residential subdivision side lot swales shall contain positive flow with a design slope of one (1.0) percent and meet Florida Building Code for adjacent structure grading. Lots not able to meet the side lot swale standards may request other methods of runoff transference and/or be directed by the public works director to construct or modify lot grading. Residential lots shall not exceed 25% grading except as approved by the public works director. (74) , the M — Einished floor elevation shall be a minimum of eighteen (18) inches above the crown of the adjacent road, unless it can be shown that the natural ground elevations provide for adequate control of runoff. For applications covering sites within a flood hazard areazme, the conceptual drainage plan and proposed construction shall meet the minimum floor elevations and applicable cut and fill balance requirements, if any, found in Chapter 930, Stormwater Management. (8) Certain residential lots may be required to detain/retain stormwater runoff in accordance with Section 930.073. (9) Mechanical equipment shall not be located within five feet of a property line which provides for shared drainage unless accepted by the Public Works Director. 10 No certificate of occupancy shall be issued until a functional drainage system has been constructed that meets items (1), (2), (3), and (4) listed above. The public works director may require construction of retaining walls, roof gutters piped to directly discharge into a swale or other outfall, underdrains, or any other facilities deemed necessary to provide adequate drainage. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 36, 12-4-91) 608 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS ATTACHMENT E.— AMENDMENTS TO THE INDIAN RIVER COUNTY CODE OF ORDINANCES, TITLE IX, LAND DEVELOPMENT REGULATIONS, CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION. CHAPTER 930. STORMWATER MANAGEMENT AND FLOOD PROTECTION Sec. 930.01. Short title. Sec. 930.02. Purpose and scope. Sec. 930.03. Rules of construction; applicability. Sec. 930.04. Definitions. Sec. 930.05. Prohibited activity. Sec. 930.06. Exemptions. Sec. 930.07. Review criteria for all development projects. Sec. 930.071. Drainage basin maximum discharge rates. Sec. 930.08. Permit requirements. Sec. 930.09. Required information to be submitted by Type B and C permit applicants after issuance of permit. Sec. 930.10. Permit application and review procedures. Sec. 930.11. Floodplain development inspections. Sec. 930.12. Administrative duties. Sec. 930.13. Variances and appeals. Sec. 930.14. Violations and notice. Sec. 930.15. Vested rights. Indian River County, Florida, Code of Ordinances Pa09 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Sec. 930.16. Disclaimer of liability. Section 930.01. Short title. Section 930.02. Purpose and scope. Section 930.03. Rules of construction; applicability. Section 930.04. Definitions. Section 930.05. Prohibited activity. Section 930.06. Exemptions. Section 930.07. Review criteria for all development projects. Section 930.071. Drainage basin maximum discharge rates. Section 930.08. Permit requirements. Section 930.09. Required information to be submitted by Type B and C permit applicants after issuance of permit. Section 930.10. Permit application and review procedures. Section 930.11. Floodplain development inspections. Section 930.12. Administrative duties. Section 930.13. Variances and appeals. Section 930.14. Violations and notice. Section 930.15. Vested rights. Section 930.16. Disclaimer of liability. Section 930.01. Short title. This chapter shall be known as the "Indian River County Stormwater Management and Flood Protection Ordinance." (Ord. No. 90-16, § 1, 9-11-90) Section 930.02. Purpose and scope. (1) The purpose of this chapter is to protect the health, safety, and welfare of the citizens of Indian River County; to implement those policies and objectives found in the drainage sub -element of the county's comprehensive plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; to ensure replenishment of the county's aquifer systems to provide a continuing usable water supply; to reduce stormwater pollutant loading of the Indian River Lagoon; and to provide proper floodplain management. Indian River County, Florida, Code of Ordinances P.*10 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (2) The provisions of the floodplain regulations in this chapter shall apply to all development, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development, in the unincorporated area of Indian River County that is wholly within or partially within any flood hazard area. (3) The purpose of the floodplain regulations in this chapter and the flood load and flood resistant construction requirements of the Florida Building Code is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access and public service during times of flooding; 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; 3. Manage filling, grading, dredging, mining, paving, excavating, and drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. (4) The floodplain regulations in this chapter are intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (5) The degree of flood protection required by these regulations and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. These floodplain regulations do not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, may be revised by the Federal Emergency Management Agency, requiring this community to revise those regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter erdinaRse. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, changed the title of § 930.02 from "Purpose" to "Purpose and scope." Indian River County, Florida, Code of Ordinances P*1I - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 930.03. Rules of construction; applicability. (1) Applicability. The requirements of this chapter are intended to implement regulations of the Federal Emergency Management Agency set out as Title 44, CFR, the National Flood Insurance Program Regulations, and all subsequent FEMA policy guidance on the use of flood hazard information statements that may be issued by on a periodic basis. The requirements of this chapter are intended to complement regulations of the Florida Department of Environmental Protection (FDEP) including but not limited to those found in Florida Administrative Code, Chapter 16-25, Regulation of Stormwater Discharge, Chapter 62-3, Water Quality Standards, and Chapter 62-4, Permits, Chapter 62-330, Environmental Resource Permitting, Chapter 62-312, Dredge and Fill Activities, and the Stormwater Rules of the St. Johns River Water Management District, all as adopted or as may be amended from time to time. Approval of a stormwater management system under this chapter shall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional, or local agencies, including specifically, but not limited to, observance of FDEP permitting requirements for use of the 'landward extent of waters of the state," as that term is defined by Florida Administrative Code, Chapter 62-301.200(4). In the event of a conflict between this chapter and any other law or regulations, this chapter shall be interpreted to avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If this chapter is more restrictive, the provisions hereunder shall prevail, and no conflict will be considered to exist. (2) Areas to which the floodplain regulations in this chapter apply. The floodplain regulations in this chapter shall apply to all flood hazard areas within unincorporated Indian River County, as established in section 930.03(3) and 4 of these regulations. (3) Adoption of flood insurance rate maps. The flood insurance study for Indian River County dated December 4, 2012, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps including all subsequent FEMA policy guidance on the use of flood hazard information statements that may be issued by on a periodic basis, are adopted by reference as a part of these floodplain regulations and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Indian River County Public Works Depa tmenIGOMMuRity (4) Submission of additional data to establish flood hazard areas. Pursuant to section 930.07(2)(a) of the floodplain regulations in this chapter, the floodplain administrator may require submission of additional data 'in order to establish flood hazard areas and base flood elevations. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as a special flood hazard area and subject to the requirements of this erdiRa 2*echapter and, as applicable, the requirements of the Florida Building Code. 2. Are above the closest applicable base flood elevation while being located in a mapped special flood hazard area, the area shall be regulated as a special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area. (5) Otherlaws. The provisions of these floodplain regulations shall not be deemed to nullify any provisions of local, state or federal law. (6) Abrogation and greater restrictions. These floodplain regulations supersede any ordinance in effect for management of development in flood hazard areas. These regulations are not, however, intended to repeal or abrogate any existing ordinances, including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between these floodplain regulations and any other regulations, the more Indian River County, Florida, Code of Ordinances P412 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS restrictive shall govern. These floodplain regulations shall not impair any deed restriction, covenant or easement, but any land that is subject to such, interests shall also be governed by these regulations. (7) Interpretation. In the interpretation and application of these floodplain regulations, all provisions shall be: 1. Considered as minimum requirements; and 2. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, changed the title of § 930.03 from "Rules of construction" to "Rules of construction; applicability." Section 930.04. Definitions. Refer to Chapter 901 of this Code for definitions applicable to stormwater management and flood protection. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-036, § 3, 11-6-12) Section 930.05. Prohibited activity. (1) It shall be illegal and subject to the penalties provided herein for any person to construct, or arrange for, authorize, or participate in the construction of a development project within the unincorporated area of Indian River County without first obtaining a valid permit to construct either a stormwater management system (hereinafter referred to as a Type A permit), a flood protection-stormwater management system, when applicable, (hereinafter referred to as a Type B permit), or a flood management system, when applicable, (hereinafter referred to as a Type "C" permit), pursuant to this chapter. (2) It shall be illegal and subject to the penalties provided herein for any person to construct any structure and/or alter any property in such a manner as to impede the functioning of a drainage system that is: (a) Publicly maintained; or (b) Located on private property and is a part of a drainage system serving more than one (1) property owner when such system exists for the benefit of other land owners or has historically provided drainage. (3) It shall be illegal and subject to the penalties provided herein for any person, corporation, or association responsible for maintenance of a drainage system or component of a drainage system to fail to maintain that system or component of a drainage system that is: (a) Publicly maintained; or (b) Located on private property and is a part of a drainage system serving more than one (1) property owner when such system exists for the benefit of other land owners or has historically provided drainage; or - (c) Constructed as part of an issued Type A or Type B Stormwater Management System Permit or other development order. Indian River County, Florida, Code of Ordinances P*13 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (4) Unless otherwise permitted, it shall be illegal and subject to the penalties provided herein for any person to discharge any fluid discharge from a washing machine or any mechanical device into any stormwater management system. (5) It shall be illegal and subiect to penalties provided herein for any person to directly or indirectly increase the flow of runoff from a property without attaining the required permits, attaining legal easements over Private property or directing flow to established rights of ways or drainage easements as allowed. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 48,12-4-91; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Section 930.06. Exemptions. (1) The following activities shall be exempt from the permitting requirements of this chapter: (a) The construction of an individual detached single-family residence -(RS£), duplex, triplex, or quadraplex residences, together with accessory structures, provided that said residences and accessory structures are not located in special flood hazard areas, as identified in section 930.07(1)(s). The provisions of sections 912.08, 930.073 or others as defined, however, will be applicable. When located in a special flood hazard area, the applicant shall be required to obtain a flood management system permit (Type C) which shall be issued upon the applicant demonstrating compliance with section 930.07(2). (b) Agricultural Activities as defined under Florida Statutes 403.927(4)(a) which have established and follow Best Management Practices except when an artificial drainage system will be used to increase the flow of surface water from the applicant's land to a county maintained drainage system, or.when the particular agricultural activitv� requires site plan approval. (c) Livestock watering or cooling ponds that conform to the following: 1. Shall have a maximum depth of four (4) feet from normal water table elevation and not exceeding 0.25 acres per 10 acres or less of a tract. A 20 -acre tract may have two (2) livestock watering ponds. Larger tracts with an agricultural classification may have additional livestock watering or cooling ponds of various sizes as is customarily accepted with Best Management Practices as defined by the Florida Department of Agriculture or St. John's Water Management District. 2. In no case may a livestock watering or cooling pond discharge directly to natural streams or water control district maintained canals or ditches except by overland runoff unless an Environmental Resource Permit is attained or other Best Management Practices implemented and does not increase the flow of surface water to a county maintained drainage system. 3. Excavated material shall be used for the purpose of livestock staging areas for pond access. 4. Larger ponds in a special flood hazard area shall attain a Type C permit in accordance with Chapter 930. 5. Any exempt pond and its placement of fill shall be brought into compliance with these floodplain regulations at such time when a Type B or C Stormwater Management Permit is required for the site. LqX-G) Maintenance work performed on existing mosquito control canals or impoundment areas. (e}{d) Any maintenance, alteration, renewal, repair, use or improvements of an existing structure which does not change or affect rate or volume of stormwater runoff or the construction of any structure or addition thereto which does not create an impervious surface exceeding ten (10) Indian River County, Florida, Code of Ordinances P*14 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS percent of the site or five thousand (5,000) square feet, whichever is less, and which is enforceable under Chapter 914 of the Indian River County Code. This threshold is cumulative from the time of the first Stormwater Management System Type A or B permit or from the release of the first Administrative or Minor Site Plan Approval in accordance with Chapter 914 of the Indian River County Code. Lf)W All activities by a water management district, drainage district, or water control district established under the laws of the State of Florida and all activities undertaken by the State of Florida, Indian River County, or any incorporated municipality within Indian River County, within their respective easements and rights-of-way. Public works department stormwater division shall be notified of any new proiects prior to construction. LqM Any activity or development project which can be demonstrated by the applicant, in accordance with section 930.15 hereof, to have vested rights. (2) This chapter shall not be construed to prevent any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in eminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property. A report of any such emergency action shall be made to the department of public works department by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but not more than ten (10) days following such action. Remedial action may be required by the diFeGt9Fef public works director subject to appeal to the board of county commissioners in the event of dispute. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 24, 9-29-92; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Section 930.07. Review criteria for all development projects. (1) Stormwater management system permit (Type A). When a development project is determined not to be within a flood hazard area, a Type A stormwater management system (SWMS) permit shall be required, and the project shall meet the following criteria: (a) The design of the on-site stormwater management system and of any off-site stormwater management system improvements shall be based at a minimum on the impact of a twenty -five- year frequency, twenty -four-hour 25/24 duration storm event on the development project as proposed. The modified Type 11 SGS 4rifall P1613#6191 ItOGR shall be used Rest development FURGff shall Rat eXGeed pFe development runoff Unless almlaximum diGGhaFge rapte has _hUmP-R adepted fe the appliGable dFaiRage basin and the dm6GhaFge d9eG Ret eXGeed that rate. Maximum di6GhaFge rates fer eaGh basin --;h-;;" be adGpted �by aR erd*RaRGe ameRdmeRt te E;eGtqc)n 930.074 heFein. Twenty -four-hour duration designs shall use the modified Type II SCS rainfall distribution (FLMOD). Seventy -two-hour duration designs shall use the South Florida Water Management _District (SFWMD72) rainfall distribution. Ninety -six -hour duration designs shall use the St. Johns River Water Management District (SJRWMD96) rainfall distribution. Post development runoff shall not exceed pre -development runoff unless a maximum discharge rate has been adopted for the applicable drainage basin and the discharge does not exceed that rate. When located in a Water Control District or other Authority, a permit must be granted by that District allowing the predevelopment runoff to be exceeded. The pre -development discharge shall be traced and any limiting conveyance facilities shall be identified and included in the determination of the allowed runoff rate. Sites that have no downstream conveyance connections shall be designed at a minimum to retain the twenty -five-year frequency, twentv-four-hour duration (25/24) storm event. Indian River County, Florida, Code of Ordinances P*15 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Maximum discharge rates for each basin shall be adopted by an ordinance amendment to section 930.071 herein. A stormwater report with an Engineer defined drainage basin Summary Table shall be provided with all Stormwater Type A and Type B Permit applications. The Summary Table shall identify at a minimum: 1. Comparison of the pre -development and post development twenty -five-year frequency, twenty -four-hour duration (25/24) or other applicable design storm event discharge; 2. Comparison of the Special Control District and post development twenty -five-year frequency, twenty -four-hour duration (25/24) or other applicable design storm event volumetric discharge (if applicable); 3. Minimum perimeter elevation; 4. Post development twenty -five-year frequency, twenty -four-hour duration (25/24) or other applicable design storm event elevation: 5. Post development one -hundred -year frequency, twenty -four-hour duration (100/24) storm event elevation. For developments with proposed building construction, the Summary Table shall also identify for comparison: 1. Flood Insurance Study, Flood Insurance Rate Map or other hydraulic report defining design or base flood elevation: 2. Post development one -hundred -year frequency, seventy -two-hour duration (100/72) storm event elevation; 3. Proposed or existing elevation of the crown of road; 4. Minimum proposed finished floor elevation or lowest floor elevation, as applicable, determination aided by using the Finished Floor Elevation Criteria Worksheet, Tables 930.1A, 930.1 B and 930.1 C. For developments with greater than one-half (0.5) cumulative acres of wet detention/retention ponds, the Summary Table shall also identify: 1. Minimum wet detention/retention pond maintenance area elevation. For new subdivisions, the Summary Table shall also identify for comparison: 1. Post development ten-year frequency, twenty -four-hour duration (10/24) storm event elevation; 2. Proposed maximum lot percentage below the ten-year frequency, twenty -four-hour duration (10/24) storm event elevation. For developments including or utilizing existing drainage easements and/or right-of-ways, the Summary Table shall also identify for comparison: 1. Minimum existing drainage easement and/or right-of-way elevation(s); 2. Post development three-year frequency, twenty -four-hour duration (3/24) storm event elevation. (b) Stormwater Calculation reference design standards include: 1. Florida Department of Transportation (FDOT) Drainage Manual (latest edition) 2. St. Johns River Water Management District (SJRWMD) Environmental Resource Permit (ERP) Applicant Handbook (latest edition) 3. South Florida Water Management District (SFWMD) Environmental Resource Permit Applicant Handbook (latest edition) 4. United States Department of Agriculture: Natural Resources Conservation Service "National Engineering Handbook" (latest edition), and any associated cross references. Indian River County, Florida, Code of Ordinances PA16 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (c) All proiects shall meet applicable stormwater quality treatment requirements of the SJRWMD. All discharges from non- residential sites within one (1) mile of the Indian River Lagoon shall be designed to retain the first one and one-half (1'/) inches of rainfall on-site before discharge into a legal positive outfall, or the Indian River Lagoon except when SJRWMD has more stringent requirements. (d) Retention or detention facilities shall be constructed in such a manner as to maximize utilization of available percolation capabilities on the site for recharge enhancement and to minimize mosquito breeding by being shallow, and easy to maintain. Such facilities shall have a skimmer mechanism if . All discharges to conservation areas, wetlands or a Municipal_ Separate Storm System (MS4) shall have a skimmer or baffle mechanism to reduce offsite discharge of sediment and debris during design discharge. Stormwater management facilities which are to be dedicated to the county shall not penetrate the groundwater table. Private wet retention/detention systems shall also meet the following criteria: 1. The applicant shall provide an Environmental Resource Permit from the SJRWMD. Florida DEP or other applicable agency that the direct connection to the groundwater table, as proposed, be allowed. Self -certification is not acceptable; this GeFtifiGatien may be waffived; 2. The site shall not be located on the primary sand ridge or in designated shallow aquifer recharge areas as delineated on Pigure 3.D.2 ^f the natural groundwater aquifer recharge sub -element of the county's comprehensive plan as reviewed and enforced by County Environmental. 3. Littoral zones shall be provided in accordance with Chapter 934 of this Code. 4. Where private wet retention/detention systems have a surface water area greater than one (1) acre at normal pool elevation the stormwater run-off contained in such ponds may be used for irrigation purposes. Systems having a surface area less than one (1) acre at normal pool elevation may not be used for irrigation purposes unless permitted by the County, SJRWMD and local Water Control District as a stormwater harvesting pond. ` 4ieFe-j9^,& afcFeater than e (1) aGre OR arte At . a1 peel elevatien,- the steFmwaier—run ert 5. WhenAs the SJRWMD requirements for treatment are equal to or more stringent than the county's, the issuance to the applicant of an Environmental Resource Permit from SJRWMD, Florida DEP or other applicable agency for the subject development shall be sufficient and conclusive to show that all water quality treatment standards contained in this code are satisfied. For issuance of a Type A, B or C Indian River County, Florida, Code of Ordinances P4110 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS permit, the applicant must show adherence to other sections of this code related to flood regulation, water rate and quantity discharge regulation and other appropriate regulations contained herein. (e) Discharges from the development project shall be conveyed to a point of legal positive outfall. Tailwater stages of receiving waters shallmust be taken into account in design, and off-site conveyance improvements, cleaning, clearing or enlargement of existing downstream facilities may be required. (f) Dry detention and dry retention criteria: 1._A dry detention area shall have an outlet device, and the elevation of that device shall not be lower than the elevation of the off-site receiving channel or water body unless protected by a suitably designed flap gate. If the project site has direct outfall to an agency system, the use of a flap gate must be approved by that agency. 2. The bottom elevation of a dry detention/retention or --system or area used for storage, must be a minimum of one (1) foot above the established wet season water table. 3. The model used to design the dry detention/retention system must be capable of providing a graphic depiction of the vertical and horizontal dimensions of the groundwater mound. 4. The groundwater mound model must consider the boundaries of the property that is being developed. Dry detention/retention system must be situated such that a minimum of two thirds of the mound does not encroach beyond the boundary of the property being developed. 5. If soil replacement is required in order for the dry detention/retention system to meet the intended design performance criteria and the groundwater mound extends beyond the soil exchange the area outside of the soil exchange must be calculated using hydraulic conductivities based on soil borings. 6. The drawdown for the dry detention system must be accomplished by flood routing the design storm event hydrograph thru the dry detention system. The flood routed system must drawdown to an elevation that is below the bottom of the dry detention area within 72 hours after the end of the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event [i.e. hour 96 of the entire storm event]. 6. The drawdown for the dry retention system must be accomplished by flood routing the design storm event hydrograph thru the dry retention system. The flood routed system must drawdown to an elevation that is below the bottom of the dry retention area within 72 hours after the end of the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event [i.e. hour 96 of the entire storm eventl. 7. Soil exchanges: require calculations, from an accepted empirical formula, or through laboratory analysis by a Geotechnical engineer, to estimate the hydraulic conductivity and other critical characteristics of a commercially available granular soil. 8. Soil exchanges: Prior to certification provide a minimum of two soil borings. One of the borings must be in the dry detention/retention system and one of the borings must be at a random location within the groundwater mounding area to confirm that the soil exchange meets the design criteria. Indian River County, Florida, Code of Ordinances Pagf N - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (g) Where permitted, open drainage -ways shall retain natural design characteristics and be so designed and protected that they do not present a hazard to life or property. The design shall include measures to protect against scour and erosion and provide for stable side slopes. Whenever possible, such waterways shall provide for adequate flushing action by prevailing winds and currents to ensure the prevention of stagnant water and debris accumulation. (h) Disposition of stormwater runoff. The stormwater management system for developments located predominantly on excessively drained soils shall maximize stormwater infiltration. This shall be accomplished through the use of bottomless inlets, perforated pipes, under drains, grading to retard runoff, natural or artificial retention or detention basins, or other methods, depending on the characteristics of the land area. Specific guidelines are as follows: 1. Areas and lots shall be developed to maximize the amount of rainfall that whish is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses. Stormwater runoff from roofs and other impervious surfaces shall be diverted into swales, or terraces on the lot. 2. Street drainage shall be by grassed swales, where allowed, or curb and gutter in accordance with county specifications. All curb and gutter systems shall discharge or direct water into a central stormwater tract or across a grassed swale area or other filtering medium. 3. Whenever practical, as indicated by soil characteristics, water table elevation, and topography, the overflow from any swale used shall be diverted to percolation areas, ponding areas or natural or artificial seepage basins of sufficient capacity to retain and provide for the maximum infiltration of stormwater runoff from each drainage area for the design storm. Temporary inundation of parking areas is permissible. 4. Whenever practical, , each percolation or retention area shall include positive drainage facilities which provide for drainage to a public outfall, a lake, or a watercourse to handle the runoff from storms of longer duration and severity than the design storm. 5. The area surrounding retention or detention basins is recommended to be used as public or private open space and shall be grassed. 6. Soil classification shall be by Table 7-1, "Criteria for assignment of hydrologic soil _group (HSG)" found in Chapter 7 of the National Engineering Handbook (latest edition).The-&G4 shall be the dOGLIrneRt to deteFmiRe sail dlassifir_,atien On this Ghapter. Sur_'h soil r0lassffifiGatien shall be me.difle.d by gn_6ite tee+inn and engineering eyal ua+inn 7. Pleed Fouting analysis fn -.r all ne;.AV ler—al read far-Affities ishall shevi that the vV_;#P__r televatiOR Shall eF Fight of wa r,easements, fn a three yeaRUeRty fer_her dabetSte' b. Ri9.Ge-Fe�h�+P2a+y/20\-peFG2R+-of +he-f;+-o,rear yard the 000.d Y.Aa;;tt_QF ele..atign ata y time d ging the ten _year/fieien+v_fnr Ir -hp, it rd, ira+inn c+grm• twenty five_. r twenty fewF heYr 25/74\ duFatier, o+erm g a e hundred_year thFee day (100172) duratiOR storm, based OR whiGh 66IGh ster..M. has; the higheF wateF WAvAteop Indian River County, Florida, Code of Ordinances PaB6119 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 78. All new storm sewers discharging into any canal or receiving water body shall be designed to convey the permitted discharge after tailwater conditions are considered. 848. All proposed culverts or structures within all F.S. Chapter 298 Water Control Districts' rights-of-way or easements shall be approved by the applicable water control district. Those proposed culverts or structures -GF shall be designed according to the water control districts' published requirements prior to issuance of a stormwater management system or ri-ght-of- way permit. In the event standards differ, the more stringent shall apply. 942. Open channels and swales a. In all subdivisions not having a centralized stormwater manaaement system. all side lot and rear lot drainage swales shall be a minimum of twenty (20) feet wide, ten (10) feet on each side of side lot lines. The approval of this type of system is at the discretion of the county public works director and shall be considered only when the following criteria are met: 1) The depth of the surface layer is a minimum of seven (7) feet. 2) The groundwater table is unconfined within the entire seven (7) foot depth of the soil column. 3) The soils throughout the seven (7) foot laver is all classified as: Unified Classification of SP, SP -SM; AASHTO A-3 throughout the entire seven (7) foot depth. The AASHTO A-3 designation is modified as follows: a) The percentage of the soil passing through the US Standard No. 4 sieve, nominal size of 4.75 mm or less, is 100% b) The percentage of the soil passing through the US Standard No. 10 sieve, nominal size of 2.0 mm or less, is 100% c) The percentage of the soil passing through the US Standard No.40 sieve, nominal size of .425 mm or less, is 80-100%. d) The percentage of the soil passing through the US Standard No. 4 sieve, nominal size of 4.75 mm or less, is 100% e) The percentage of the soil passing through the US Standard No. 200 sieve, nominal size of .075 mm or less, is 1-4.5% 4) The Seasonal High Groundwater Table (SHGWT) is at least 24 inches below the surface. 6) The permeability saturation value is greater than 25 feet per day. 7) Landscaping and vegetation: a) New landscaping is not placed in drainage easements or tracts containing the swales. b) Existing trees may be allowed if clear from five (5) feet of swale center and limited in quantity. c) Scrub vegetation is not allowed unless the area is used as retention/detention and considered in the stormwater management calculations as lost surface storage. 8) No above ground utilities is placed in drainage easements. b. New subdivisions with lots smaller than sixty-five thousand (65,000) square feet, shall not use front, rear or side lot swales as a method for stormwater runoff treatment or storage unless all of the criteria in 930.07(1)(h)9.a. is met and a ten (10) foot setback to drainage easement line from buildings, driveways, parking areas, pools and porches is provided. Indian River County, Florida, Code of Ordinances PagfiaQ - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS C. Open Channels and swales for runoff transference (conveyance) are allowed and shall be designed to maintain a minimum elevation above the twenty -five-year, twenty -four- hour storm event (one (1) foot above twenty -five-year, twenty -four-hour storm is recommended) and contain positive flow with a (minimum slope of three -tenths (0.3) percent. Open channels and swales serving more than one property owner shall be located within easements that are a minimum of fifteen (15) feet wide for access and maintenance. d. Open channels or swales established for perimeter conveyance of historical flow, which are wholly located within a new development, shall be located within easements that _are a minimum of fifteen (15) feet wide for access and maintenance. When historical conveyance is shared between adiacent property owners, the easement may be reduced to a minimum of ten (10) feet wide for access and maintenance. Public works director may authorize changes to historical discharge easements only when other recorded agreements made between adiacent property owners meet the intent of the code. Calculations for the design storm event are required to show historical discharge is maintained. The 100 Year event shall be used for the protection of existing structures when the structure is reliant on historical discharge. e. Open channels or swales not used for side lot drainage shall meet side slope requirements of the county and any other agency that may employ such criteria. Side slopes shall be three-foot horizontal to one -foot (3:1) vertical. Walls or other slope reinforcement may be utilized if designed for safety, maintenance access, and Permitted by the County. Reinforcement shall not allow for the reduction of easement widths. f. Swales if allowed to be used for infiltration of runoff shall include infiltration rates determined in accordance with Double -Ring Infiltrometer (DRI) test (ASTM D3385), or latest acceptable ASTM standard to prove preliminary design and to meet post development construction requirements. Indian River County, Florida, Code of Ordinances Pag62.1 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 1043. All new developments located in the shallow aquifer recharge areas delineated onidentifiedin Figure 3.n' of the natural groundwater aquifer recharge sub element of the county's comprehensive plan as determined by County Environmental shall retain the increase in run-off volume resulting from a twenty -five-year, twenty -four-hour storm event. 1144. All slopes greater than six (6) horizontal to one (1) vertical shall be stabilized with sod sedded. Flatter slopes, depending on site-specific design, may also be required to be stabilized with sod sodded as part of the stormwater management system permit. The public works director, through the county stormwater permit process, may require sodding of flatter slopes if ,Ya;;rrante._ by site GF .lesion eharaeteristies pipe, alu ilurniRurn pipe aFGh, WUMOROUS Geated StFUGtUFal plate steel pipe, n. Lrehs shall he hvelve (12) ivehes OF its GFOSS entienal equivalent--, edlt*eR; 4. Design and spaGiRq ef inlets shall -he iR aGGordaRGe with F=DQT- Standard speGwfiGatleRs, U7 systems shall he equipped �.rith elean eats at all teFminatinn n rots Parking lots shall have no more than two (2) inches of ponding above the lowest adiacent catch basin (inlet) elevation for a ten-year, twenty -four-hour (10/24) duration storm. Tem peFary PORd*Rg is allowable in areas GpeGifiGally deGigRed with high p8FGG!at*E)F; Fates (SUGh as ea6t Gf S_.R A. I 'A. en the BarFieF Island).. The deGigR shall beSUGh that PE)Rd!Rg dGeG RE)t last -mere. than eight (8) hours. TempeFaFy PGRGIORg *RpaFkiR9 lots is peFmissible, if ef shallow depth. (1) MateFwals us -ed- in d-Fainage faGiIitie6 whiGh GFG88, traverse, 9F eRGFeaGh upoR major reads a& 0(R4) L. 44 All stormwater facilities shall be established in dedicated stormwater management tracts, easements, or specified common areas. All new residential lots shall be -graded in such a manner that runoff is directed toward the master stormwater management system unless an alternate plan is approved by the public works director. For subdivisions, the plat and any homeowners' association documents, property owners' association documents, condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, shall specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall identify an entity responsible for perpetual maintenance and preservation. 2.{24 All stormwater management tracts shall be designed to consider ease of maintenance. (a) All wet retention/detention stormwater management tracts greater than one-half (0.5) cumulative acres at control elevation, shall include a maintenance area Indian River County, Florida, Code of Ordinances Pag622 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS free of obstructions except as otherwise provided below. The maintenance area shall have a slope not steeper than eight -foot horizontal to one -foot vertical (8:1) and shall be a minimum of fifteen (15) feet wide, completely around and outside the area submerged by the twenty -five-year, twenty -four-hour design stormwater elevation. Within residential developments, the maintenance area shall be located entirely within the stormwater management tract and shall not be part of any lot. If proposed lots or tracts are to be under separate ownership, then the maintenance area shall be connected to an ingress -egress or other appropriate easement, or public right-of-way, having a minimum width of fifteen (15) feet. (b) All stormwater management areas not meeting the threshold in 930.07(m)(2)(a) and designed to hold greater than two -feet of water during the twenty -five-year frequency, twenty -four-hour duration (25/24) design storm shall have accessible maintenance pathways which are free of obstruction. Drainage calculations shall consider all proposed plant materials at full maturity for stormwater treatment and storage. (c) No plant material shall be located within swales from the top of bank to top of bank unless specifically permitted. 3.(3) The requirement of a maintenance easement area and the prohibition of obstructions in subsection k 2 a (}may be waived in part or in whole by the public works director based on site and design characteristics, which may include the following: a4. The ability to maneuver and operate maintenance equipment as necessary; b2. Preservation of existing trees and native vegetation; and c3. Proposed landscaping improvements. Generally, landscaping within the maintenance area must be designed using groups of plantings not exceeding fifty (50) feet in length with a minimum separation of one hundred (100) feet between planting groups. Between such groupings a ten -foot wide access path shall be maintained. The county shall not be responsible for restoration of any damage to the landscaping that may occur in the event the county performs maintenance within the maintenance area. 4.(4) The design of retention or detention facilities^ within a single-family residential development shall meet slope requirements of the county and any other agency that may employ such criteria. Wet retention or wet detention facilities deGieeed to impound mere than twe (2) feet of ..,ate. shall be graded to slopes no steeper than four -foot horizontal to one -foot vertical (4:1) to a minimum depth of two (2) feet below the control elevation, or a properly designed retaining wall shall be used. Dry retention or dry detention facilities Drainage systems that will not impound mere than twe (2) feet of water - shall not exceed slopes of three-foot horizontal to one -foot vertical (3:1) provided the underlying soils are well drained and the system is designed for ease of maintenance, unless otherwise approved by the county or provided for under specific design criteria by other sections of the land development regulations. Walls or other slope reinforcement may be utilized in dry retention or detention facilities if that area is not considered in an infiltration analysis, is designed for safety and permitted by the County. (5) PFaiRa9e Gystems, in all develepmeRtS other than Single family Fe6ideRtial deVe1E)pFneRtG, shall FRaiRtaiR maximum slopes of bNe (2) heFizeRtal te Gne (I ) vertirVA-1 fn -.r _;4.vales less than oF equal te two (2) feet deep and thFee (3) hGFiZ9RtaI te ene (1) ve_Ffir_,_aI fA-.r all swales mere than t,.,e 21 feet .Jeep 5.(ra) All retention/detention pond Dpy retentiG,, sleeee. and wet Fete ., tieslopes above the design normal or control water elevation shall be grassed or otherwise stabilized with hardscapes. Dry pond bottoms are preferred to be seeded or covered with sandy grown sod however they may be designed to remain barren for infiltration purposes if the effect of windblown erosion and clogging of outfall structures are considered. Stormwater facilities Indian River County, Florida, Code of Ordinances Pag623 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS used for water quantity or quality storage having more than two (2) feet of water at the twenty -five-year frequency, twenty -four-hour duration 25/24 design storm or permanent pool, with the exception of ponds or lakes in golf courses, public parks or in developments in which the pond or lake is designed to serve as an aesthetic amenity to the development, shall be fenced with a minimum four -foot high fence as determined by the public works director. 6.(7) Maintenance areas shall not be required along shorelines adjacent to littoral zones, provided that maintenance access is not inhibited to the remainder of the stormwater management tract. Such access may be provided by means of an easement around the littoral zone, an ingress—egress easement of a minimum width of fifteen (15) feet, a turn- around area within the maintenance area, or as otherwise approved by the public works director or his designee. JU(i4) In watershed areas where the county has adopted a stormwater management master plan, all proposed facilities shall be in conformance with the adopted plan. M(4a) Stormwater systems connected to F.S. Chapter 298 Water Control Districts' facilities shall be designed to discharge no more than the maximum discharge rate for each respective basin and shall be compatible with the objectives of each district. Lm)(o Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to areas where percolation into the soil can be accomplished prior to introduction into any off-site receiving facilities. Pervious areas in the drainage path shall be covered with grass or suitable ground cover which act as effective filtering characteristics. Ln (-q) The stormwater management system shall handle all stormwater that flows into, through and from the project without creating adverse impacts on other lands served by the stormwater management system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity. Major site plans and subdivisions shall be designed to consider perimeter drainage by providing topographic information a minimum of 50 feet beyond site property boundaries or further to determine contributing runoff unless other information is provided and accepted by the public works director. A minimum of one elevation shall be provided at each adjacent offsite perimeter property corner or every 75 feet, whichever is less. Low No permit required by this chapter shall be issued for any development project which is designed to discharge directly into or through an outfall discharging into "Outstanding Florida Waters" designated by Florida Statute 403.061(27), unless the system is designed in accordance with the following criteria and the criteria of the St. Johns River Water Management District, in addition to all criteria otherwise stated by this section: 1. Runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to grass swales prior to entering a detention system unless off—line treatment or central treatment is provided; 2. The system shall be designed in a manner complying with the requirements of Florida Administrative Code Chapter 62-4.242, as amended from time to time, and the applicant shall provide the Florida Department of Environmental Protection (FDEP) or other applicable regulating agency documentation and proof of such compliance. JLXO The applicant shall demonstrate that the development project is not being treated as a special flood hazard area in accordance with Chapter 930. 4R a speGial flood hazaFa a o s def*Red ; GhapteF 991. igft) Provisions applying to re -development of existing development. 1. When existing paved local roads are being resurfaced or rebuilt, the lowest edge GrewR of the road shall be raised to a minimum elevation of the five-year frequency, twenty -four-hour duration (5/24) storm event. twe yeaFAwenty feuF IRGUF GtOFm event. The center two (2) lanes Indian River County, Florida, Code of Ordinances PagfiN - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS of rebuilt arterial and collector roads shall be at the minimum elevation of the twenty -five- year frequency, twenty -four-hour duration (25/24) storm event. sterm .t- 2. An applicant who is redeveloping'a currently developed site and who is required for any reason to get a major site plan 'approval or a major modification of an existing land development permit must demonstrate that the site has or will have a stormwater management system conforming to section 930.07(1)(a) and will meet the water quality level of service as required in section 930.07(1) for the area being re -developed. Stormwater treatment shall be provided for the increase of all proposed new impervious area and fifty (50) percent of the site's impervious area for which no runoff treatment has been previously provided. The removal of and replacement of impervious area will be treated as new impervious area for water quality treatment purposes. 3. An applicant who is redeveloping' a currently developed site and who is required for any reason to get a minor site plan or administrative approval must provide stormwater treatment for the first inch of runoff for the area being re -developed. The public works director may modify this requirement based on site or design characteristics. (r) Building and structure protection requirements. 1. The minimum finished floor elevation of new buildings and structures shall be at or above the Final Floor Design Finished Floor Elevation determined in accordance with the Finished Floor Elevation Criteria Worksheets incldded as Table 930.1 A, Table 930.1 B, or Table 930.1 C, as applicable to the occupancy and flood zone. 2. Residential lots outside the floodplain (Zone X) that do not have a master drainage system, shall have no more than two (2) feet of fill proposed for foundation support unless structure setback is greater than 50 feet. A waiver of this requirement can be obtained from the public works director based on the water table, the installation of a septic drain field requiring a higher finished floor and mitigative efforts being proposed and accepted. 3. Residential lots without a master stormwater management system where the proposed finished floor elevation is greater than one foot above the surrounding existing homes shall have the property line swales located onsite with flatter than four -foot horizontal to one -foot (4:1) vertical slopes below existing property line grade. No trees or large vegetation shall be planted in the swale. 4. Retaining walls when used to raise the elevation of a residential lot more than sixteen (16) inches shall be no nearer than 10 feet to the property line unless perimeter drainage has been previously established via drainage easements, rights -of -ways or other means. The public works director may waive this requirement upon being provided technical information signed and sealed by a Professiorial Engineer that there will be zero impacts to neighboring properties, easements and rights -of -ways. s) Exfiltration and Underground Retention Systems: 1. Shall be designed with a factor of safety of 2: 2. Shall be installed in accordance with the manufacturers requirements: 3. Shall be desianed a minimum of one foot above the wet season water table or control elevation if part of a combined detention/retention system: 4. Shall include skimmers, pollutant retardant baffles or other trash and sediment settling structure prior to entrance into the system: 5. Shall meet all SJRWMD requirements or design manuals: 6. Shall not account for more than 50% of design storm volumetric storage when a stormwater management system permit is required. (t) Dumpster pads shall be sloped to pervious areas to allow for treatment and a means of trash collection prior to ultimate discharge. When a commercial dumpster pad is proposed to be sloped over an impervious surface to a catch basin, that catch basin shall have a pollutant retardant Indian River County, Florida, Code of Ordinances Page - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS baffle or other structural means installed preventing discharge of debris into any stormwater management system, swale, ditch or other surface water body or means of stormwater conveyance unless requested and permitted by the County. Meeting of other state or federal regulations and guidelines are required. (u) Stormwater Management Harvesting Systems: 1. Shall be in accordance with 930.07(1)(d)4. of this chapter; 2. Shall meet SJRWMD or other regulatory agency requirements if more stringent; 3. Shall include a twenty -five-year frequency, twenty -four-hour duration (25/24) hydraulic analysis commencing at the wet season water table elevation to show meeting of discharge, road elevations and perimeter grade requirements; 4. Shall include a twenty -five-year frequency, twenty -four-hour duration (25/24) hydraulic analysis commencing at the lowest discharge invert elevation to show road and perimeter grade requirements are met. (2) Flood protection requirements. When a development project, building or structure is determined to be within a special flood hazard area as defined in County Code Chapter 901, the development, building or structure shall be subject to the requirements of this section. (a) Site plans and construction documents. 1. Information for development in special flood hazard areas (Zones A, AE, AO, AH, Al thru A30. The site plan or construction documents for any development subject to the requirements of these floodplain regulations shall be drawn to scale and shall include, as applicable to the proposed development: a. Delineation of special flood hazard areas, floodway boundaries and flood zones, base flood elevations, and ground elevations if necessary for review of the proposed development. i. Where , base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 930.07(2)(a)2.b. or c. of these floodplain regulations. ii. Where the parcel on which a proposed development will take place will have more than ten fifty 10 lots or is larger than one five Lly-5) acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with section 930.07(2)(a)2.a. or h of these floodplain regulations. b. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide. C. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. d. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed. fill areas are the minimum necessary to achieve the intended purpose. e. Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable. f. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. g. Existing and proposed alignment of any proposed alteration of a watercourse. Indian River County, Florida, Code of Ordinances Pag626 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these floodplain regulations but are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations. 2. Information in special flood hazard areas without base flood elevations (appFeximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. b.a. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; or c.b-. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: i. Require the applicant to includedevelep base flood elevation data prepared in accordance with currently accepted engineering practices; or ii. Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three (3) feet. d.,c-. Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analysis shall be prepared by a Florida licensed engineer in thea format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 3. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with site plans and construction documents: a. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations. Where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 930.07(2)(a)4. of these floodplain regulations and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. No Stormwater Management Svstem Permit may be released without FEMA issued CLOMR. b. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses a fleedway which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard Indian River County, Florida, Code of Ordinances Pagfi2l - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. c. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood' -carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 930.07(2)(a)4. of these floodplain regulations. d. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (ZGae a/)gnd Coastal A Zone, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. e. Copies of analyses and correspondence submitted to FEMA shall be provided to the floodplain administrator. 4. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. (b) Buildings and structures. 1. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 930.08(2)(b) of these floodplain regulations, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of section 930.07(2)(h) of these floodplain regulations. 2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: a. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. b. Minor structures and non -habitable major structures as defined in Section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of these floodplain regulations and ASCE 24. 3. Minimum elevation requirements for buildings. Minimum elevation requirements for buildings shall be determined by completion of the Finished Floor Elevation Criteria Worksheets included as Table 930.1A, Table 930.1 B, and Table 930.1 C, as applicable to the flood hazard area. For the purposes of the Finished Floor Elevation Criterial Worksheets, the Regulatory Flood Elevation is the highest water elevation specified in the Worksheets. Where studies approved by the County indicate base flood elevations are: a. Higher than base flood elevations in the Flood Insurance Study or on FIRMs, the higher base flood elevations shall be used considered as the Regulatory Base Flood Elevation. Indian River County, Florida, Code of Ordinances Pagfi26 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS b. Lower than the base flood elevations in the Flood Insurance Study or on FIRMs, the lower elevations shall not be used unless the applicant has obtained a Letter of Map Change from FEMA.' , 4. Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures F are used only for parking or storage and: a. If located in special flood hazard areas other than coastal high hazard areas and Coastal A Zones, are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. b. If located in coastal high hazard areas and Coastal A Zones, are not located below elevated buildings and are not larger than 100 sq. ft. c. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. d. Have flood damage -resistant materials used below the base flood elevation plus 18 inches. , e. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus 18 inches. 5. Critical facilities. New critical facilities shall, to the extent feasible, be located outside of the special flood hazard area and outside of the 0.2% annual chance flood hazard area (500 - year floodplain). If documentation is provided that feasible sites which satisfy the obiectives of a proposed critical facility and are outside of the special flood hazard area and outside of the 500 -year floodplain are not available, then the critical facility shall be elevated or dry floodproofed to the 500 year flood elevation or base flood elevation plus three (3) feet, whichever is higher. 6. Any new Major Site Plans which propose changing the boundary of a Special Flood Hazard Area.shall have submitted an application to FEMA for a LOMA, LOMR or LOMR-F prior to release of either a Certificate of Completion, Certificate of Occupancy or Certificate of Compliance by the County. 7. Residential site plans or residential lots in site planned plat -over projects with five units or lots and greater shall provide an evacuation plan during the site plan process. (c) Subdivisions. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks, shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. d. Residential subdivisions with five lots and greater shall provide an evacuation plan during the preliminary plat process. Indian River County, Florida, Code of Ordinances Pag629 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 2. Subdivision plats. Where any portion of a proposed subdivision, including a manufactured home park, lies within a flood hazard area, the following shall be required: a. Preliminary plats and final plats shall delineate flood hazard areas, floodway boundaries, flood zones, and design flood elevations, as appropriate. Where a subdivision has more than ten 10 lots or is larger than one 1 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with section 930.07(2)(a)2.a. OF these floodplain regulations. b. Preliminary plats and final plats shall be in compliance with the site improvement and utilities requirements of section 930.07(2)(d) of these floodplain regulations. c. Each lot depicted on a preliminary plat and final plat must include a site suitable for constructing a residential building in conformity with the standards of this chapter. d(�e). Preliminary plats and finals plats with a lot or lots within a flood hazard area shall have the following flood hazard warning prominently displayed on all pages of the document in bold 40 point font: FLOOD HAZARD WARNING- '74i&-At ARNING '7 is -At time of Final Plat, this property may be subject to flooding during a one hundred -year base flood event. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property." 3. Any property proposed to be newly platted which changes the boundary of a Special Flood Hazard Area shall: a. Have submitted application to FEMA for a CLOMR or CLOMR-F prior to release of the County Stormwater Management System Permit. Any FEMA issued CLOMR or CLOMR-F which does not meet the intended flood zone boundary changes shall require a modification to the County Stormwater Management System Permit. Properties located in a regulatory floodway shall have a FEMA issued CLOMR prior to release of a Stormwater Management System Permit as described in 930.07(2)(a)3. b. Have received acceptance by FEMA of the CLOMR or CLOMR-F applied for in 3.a. above prior to release of either a Certificate of Completion, Certificate of Occupancy or Certificate of Compliance by the County. c. Have submitted application to FEMA for a LOMA, LOMR or LOMR-F prior to release of either a Certificate of Completion, Certificate of Occupancy or Certificate of Compliance by the County. Elevation certificates filed for release of a Certificate of Occupancy shall meet the criteria of the underlying flood hazard area. (d) Site improvements, utilities and limitations. Minimum requirements. All proposed new development shall be reviewed to determine that: Indian River County, Florida, Code of Ordinances PaB630 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to.guide floodwaters around and away from proposed structures. 2. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. wastewater facilities and activities in Chapter 62-620, F.A.C., and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Review and permitting is the responsibility of the Florida Department of Health in Indian River County and Indian River County Department of Utility Services or other municipal utility service as the case may be. 3. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C., drinking water systems in Chapter 64E-8, F.A.0 and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Review and permitting is the responsibility of the Florida Department of Health in Indian River County and Indian River County Department of Utility Services, or other municipal utility service as the case may be. 4. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 930.07(2)(a)3.a. of these floodplain regulations demonstrates that the proposed development or land disturbing activity will not result in any increase (Zero -Rise) in the base flood elevation. 5. Limitations on placement of fill. Subject to the limitations of these floodplain regulations and the applicable cut and fill requirements of section 930.07(2)(i)l of these regulations, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. If intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code in addition to these requirements;. 6. Limitations on sites in coastal high hazard areas and Coastal A Zones{Zane-W. In coastal high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 930.07(2)(a)3.d. of these floodplain regulations demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 930.07(2)(h)8. of these floodplain regulations. (e) Manufactured homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of these floodplain regulations. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Indian River County, Florida, Code of Ordinances Pag6JJ - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas, coastal high -hazard areas, and Coastal A Zones shall be installed on permanent, reinforced foundations in accordance with the Florida Building Code, Residential Section R322 and these floodplain regulations.t#at--. Cee+ien 8322 2 .anal these flee.dela!R r e„lo+ien6 i4�Arcgvrcici+o of the Ferida Bailding Fede, Residential Cestm;-R�+h�e se 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices tow#iGh minimize flood damage. Manufactured homesaad shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved that are located in a flood hazard area, coastal high -hazard areas and Coastal A Zones shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.6hall sernpl�+ existing manufar-A-Hred- home park er subdivisieRj eF (d) in aR existing manufaGtured herne the result of a fleed, E;hamll -he elevated SUGh that the h-tettA—M. A -f thP- frame. Os -;;t GF abave the Resd dents;l Cee+inn R2-22.2 (Zone Al er Ceefien 17277 3 /Zene V\ te, shall be elevated SuGh that either +he• 5.� Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 6.3- Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. Indian River County, Florida, Code of Ordinances Pag632 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (f) Recreational vehicles and park trailers. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: a. Be on the site for fewer than one hundred eighty (180) consecutive days; or b. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 2. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 930.07(2)(f)1. of these floodplain regulations for temporary placement shall meet the requirements of section 930.07(2)(e) of these regulations for manufactured homes. (g) Tanks. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2. Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of section 930.07(2)(8)3. of these floodplain regulations shall: a. Be permitted in flood hazard areas (ZeneA) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. b. Not be permitted in coastal high hazard areas and Coastal A Zones(Zeae V). 3. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (h) Other development. 1. General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in these floodplain regulations or the Florida Building Code, shall: a. Be located and constructed to minimize flood damage; b. Meet the limitations of section 930.07(2)(d)4. of these floodplain regulations if located in a regulated floodway; c. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; Indian River County, Florida, Code of Ordinances PagfiM - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS d. Be constructed of flood damage -resistant materials; and e. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in regulated floodways. Fences in regulated floodways, such as stockade fences and wire mesh fences, that have the potential to block the passage of floodwaters shall meet the limitations of section 930.07(2)(d)4. of these floodplain regulations. 3. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls, sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 930.07(2)(d)4. of these floodplain regulations. 4. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one (1) side of a watercourse to the other side, that encroach into regulated floodways, shall meet the limitations of section 930.07(2)(d)4. of these floodplain regulations. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 930.07(2)(a)3.c.039.42(2)(b)3 of these floodplain regulations. 5. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas and Coastal A Zones{Ze�. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: a. Structurally independent of the foundation system of the building or structure; b. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and c. Have a maximum slab thickness of not more than four (4) inches. 6. Decks and patios in coastal high hazard areas and Coastal A ZonesfZe,�. In addition to the requirements of the Florida Building Code, decks and patios in coastal high hazard areas and Coastal A Zones shall be located, designed, and constructed in compliance with the following: a. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design fleed elavatinnFinal Floor Design FFE and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. b. A deck or patio that is located below the desigR flood elevatoGRFinal Floor Design FFE shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave Indian River County, Florida, Code of Ordinances PaB614 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS reflection that would increase damage to the building or structure or to adjacent buildings and structures. d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 7. Other development in coastal high hazard areas and Coastal A Zongsigkwe-V}. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; b. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 8. Nonstructural fill in coastal high hazard areas and Coastal A Zones{-one.49. In coastal high hazard areas and Coastal A Zones: a. Minor grading and the placement of minor quantities of nonstructural fill (no more than one (1) foot thick) shall be permitted for landscaping and for drainage purposes under and around buildings. b. Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. c. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. (i) Additional requirements. Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: that w9uld be displaGed by fill OF GtFUGtYines _hP_IG1.Y P_I8Va#.GR twO and E)Re half (2.5) feet NA\/D99 r the tGR F fl.,.,.d .levan.n whinh has heen .deter...i.,e d in the fl.....d Indian River County, Florida, Code of Ordinances Paelim - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Subdivided- lets f leS6 than e(1) acre -in area that existed-prieF'1 ,19F0 At G/Q OQI VIQGQ lets OI IQ"Q9 CIIQII pll seGtion will apply feF lots less thaR GRe (1) aGFe in aFea exi6t;Rg pFqGF W jUly 1, 1990,4 1 o showing p the a 9 f Fpl'IOQICI +, 9 by Illeal lj DI —a sempeteRt engineering study, the l 1 If OR flAAd pFoteA-tinf. a.� Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill waiver has been granted by the board of county commissioners. GhGy ing 9f the appli of h Idyl that the 119 F.F.118a11C, �.�Imleans of a sempetent engineeFi� ORfleed PF9teGth9R. b. No structure or fill shall be permitted within the limits of the floodway of the St. Sebastian River, South Prong except as provided by [section] 930.07(2)(a)3.a. c. Compensatory floodplain storage may be provided at a location outside the limits of a proposed development if the location is hydraulically connected to the same floodplain basin as determined by the Floodplain Administrator. Except for passive uses, which do not alter the compensatory location, further development of the location is prohibited. The development and compensatory location shall be included in the site plan, subdivision or other applicable development approval or order. The applicant shall prepare all deed restrictions and legal binding agreements. The County Attorney shall review and record the agreements. Applicant is subject to the costs required for the review and recording by the County Attorney's standard fee schedule and procedure. A CLOMR shall be approved by FEMA prior to site plan or land development permit release. The appropriate LOMR shall be approved by FEMA prior to either final plat recording, final project certification or suspension of a project certification, whichever may come first. No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding. Indian River County, Florida, Code of Ordinances Page - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 3. If fill is used for foundation supportthe elevation of the soil support shall not be greater than that which would result from the erosion reasonably anticipated as a result of the design storm conditions. 4. .41.1 reads shall be set at eraheve thA WR yeap fleed elevatieR, but in ne nase shall A read he GE)RStFUGted at aR elevatiGn below five (5) feet abeve sea IpyPI 411 PAR& shall be desigRed 4.& Development projects in'f ^ developme^+ ^F^je^t is ^ ^ special flood hazard areas shall comply with, it section 930.07(2) and shall include documentation demonstrating; that: a. The elevation or velocity of the base flood will not be increased as a result of any obstruction or displacement of flood waters. #Deed. b.e: The capacity of the special flood hazard area to store and convey surface waters or perform other significant water management functions will not be impaired. 5. Area required to be compensated for is based on the volume of proposed fill between the existing ground (or the wet season water table) and the 100 -year flood elevation. Compensating storage is based .on the volume of cut between the existing ground and either the wet season water table or the normal water elevation if a discharge structure provides a bleed down opening sized for water quality treatment. Compensating storage calculations may be based on 100 Year elevation studies accepted by the public works department. (3) Type 8 stormwater management system -flood protection permit (SWMS Type 8). A Type "B" stormwater management system -flood protection permit is required prior to the construction of any stormwater conveyance, treatment and discharge associated with development activities, other than construction of an individual detached single-family residential building or structure, on property that is partially or wholly encumbered by a special flood hazard area, e4: -coastal high hazard area or Coastal A Zone. The Type "B" permit shall be issued upon the applicant demonstrating compliance with applicable criteria of section 930.07(2). (4) Stormwater management and flood protection permit (Type C). A Type "C" permit or flood protection permit is required prior to the construction of an individual detached single-family residence, duplex residence or accessory structure which is located in a special flood hazard area, coastal high hazard area or Coastal A Zone as defined in County Code Chapter 901 or for non-exempt filling and excavation. The Type "C" permit shall be issued upon the applicant demonstrating compliance with applicable criteria of section 930.07(2). (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 22, 2-27-91; Ord. No. 91-48, §§ 45-47, 49, 87, 12-4-91; Ord. No. 92-29, § 25, 9-3-92; Ord. No. 94-25, § 18(A)—(E), 8-31-94; Ord. No. 96-6, § 17, 2-27-96; Ord. No. 2003-006, .§ 1, 2-18-03; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2007- 012, § 1, 3-20-07; Ord. No. 2012-023, §§ 4-6, 7-10-12; Ord. No. 2012-036, § 3, 11-6-12) Indian River County, Florida, Code of Ordinances Pag _" - CODE Of ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 930.071. Drainage basin maximum discharge rates. (1) Procedure. No maximum discharge rate shall be adopted for any drainage basin over which Indian River County has jurisdiction except by ordinance. The proposed maximum discharge rate for each basin shall be workshopped prior to the scheduling of the adoption public hearings. (2) Basin maximum discharge rates. Basin maximum discharge rates shall be based on a twenty -five- year frequency, twenty -four-hour duration (25/24) storm event over a seventy -two-hour period. (3) Adopted basin maximum discharge rates. The flowing maximum discharge rates are hereby adopted: Drainage Basin Maximum Discharge Rate M-1 (Indian River Farms WCD) I2"/24 hours M-2 (Sebastian River WCD) 2"/24 hours Indian River County, Florida, Code of Ordinances Pag633 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 4) Discharqe from anv new construction into Indian River Countv maintained or owned convevance systems shall meet the following criteria: (a) shall not exceed the lower of either 2'724 hours for the twenty -five-year frequency, twenty -four- hour duration (25/24) storm event over a seventy -two-hour period or (b) the predevelopment discharge rate for the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event over a seventy -two -hours converted to a volumetric rate for a 24 hour period. (c) Individually detached single-family residence, duplex, triplex or guadraplex residences together with accessory structures are exempt when not associated with an issued County Stormwater Management System Type A or B Permit or SJRWMD Permit. Onsite retention/detention may be required at the discretion of the public works director for the protection and safety of downstream impacts when lots discharge into flood prone systems. Right of Way permit may be required. Section 930.072. — Roads, Rights of Ways. Materials and Drainaae Standards. (1) All new local road facilities shall: (a) Not permit. floodwater encroachment outside existing drainage easements, or right-of-way for a three-year frequency, twenty -four-hour duration (3/24) storm event elevation; (b) Not place more than twenty (20) percent of the front or rear yard area below the flood water elevation at any time during the tent-vear frequency, twenty -four-hour duration (10/24) storm event elevation; (c) Have the edge of road above the twenty -five-year, twenty -four-hour (25/24) duration storm . event; (d) Have the finished floor elevation of any structure six (6) inches above the one hundred -year, three-day duration (100/72) storm event. (2) New Subdivision Collectors, Collectors, Arterial, and Marginal Access Roadways shall have the edge of pavement above the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event elevation. The public works director may Grant a waiver of this reauirement to the extent of allowina inundation to the outside edge of the travel lane(s). Indian River County, Florida, Code of Ordinances PaB639 M-4 (Corrigan Ranch/ Vero Lake Estates) ' M-5 (Fellsmeere WCD) 2"/24 hours SJ -1 (St. Johns IDMIGID) SJ -2 (St. Johns Marsh) SJ -3 (Talbot Terrace) SJ -4 (Delta Farms WCD) 4) Discharqe from anv new construction into Indian River Countv maintained or owned convevance systems shall meet the following criteria: (a) shall not exceed the lower of either 2'724 hours for the twenty -five-year frequency, twenty -four- hour duration (25/24) storm event over a seventy -two-hour period or (b) the predevelopment discharge rate for the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event over a seventy -two -hours converted to a volumetric rate for a 24 hour period. (c) Individually detached single-family residence, duplex, triplex or guadraplex residences together with accessory structures are exempt when not associated with an issued County Stormwater Management System Type A or B Permit or SJRWMD Permit. Onsite retention/detention may be required at the discretion of the public works director for the protection and safety of downstream impacts when lots discharge into flood prone systems. Right of Way permit may be required. Section 930.072. — Roads, Rights of Ways. Materials and Drainaae Standards. (1) All new local road facilities shall: (a) Not permit. floodwater encroachment outside existing drainage easements, or right-of-way for a three-year frequency, twenty -four-hour duration (3/24) storm event elevation; (b) Not place more than twenty (20) percent of the front or rear yard area below the flood water elevation at any time during the tent-vear frequency, twenty -four-hour duration (10/24) storm event elevation; (c) Have the edge of road above the twenty -five-year, twenty -four-hour (25/24) duration storm . event; (d) Have the finished floor elevation of any structure six (6) inches above the one hundred -year, three-day duration (100/72) storm event. (2) New Subdivision Collectors, Collectors, Arterial, and Marginal Access Roadways shall have the edge of pavement above the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event elevation. The public works director may Grant a waiver of this reauirement to the extent of allowina inundation to the outside edge of the travel lane(s). Indian River County, Florida, Code of Ordinances PaB639 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (3) When existing paved roads are being rebuilt, resurfaced to raise the elevation, adding of additional travel lanes or the widening of existing travel lanes: (a) Local roads shall have the edge of pavement above the five-year frequency, twenty -four-hour duration (5/24) storm event. (b) Subdivision Collectors, Collectors and Arterials shall have one lane in each direction above the ten-year frequency, twenty -four-hour duration (10/24) storm event and shall have the edge of pavement above the five-year frequency, twenty -four-hour duration (5/24) storm event. (c) Shall not compromise existing flood protection of roadways and structures. (d) Shall meet water quality treatment standards when new impervious area is constructed and as may be required by another regulatory authority. 4) Existinq dirt, marl, coauina, rock or loose milled roads when paved or compacted with millinas shall: (a) Shall meet water quality treatment standards for new impervious. (b) Shall not compromise existing flood protection of roadways and structures. (c) Shall meet applicable local water control district criteria as agreed upon with the County for discharge. (5) All new critical access facilities shall be located where existing roads have or proposed roads shall have one travel lane above the twenty -five-year frequency, twenty -four-hour duration (25/24) storm event elevation. (6) All bridges will be designed with the lowest member above the one hundred -year frequency, twenty- four -hour duration (100/24) and one hundred -year frequency, three-day duration (100/72) storm events, or as otherwise directed by the governing water body agency. (7) Material specifications for culverts and storm sewers. The following pipe materials are acceptable: (a) Reinforced concrete pipe, fiber reinforced concrete pipe, bituminous coated corrugated steel pipe, aluminum pipe, class 2 poly -propylene, bituminous -coated structural plate steel pipe, and HDPE N-12. Other pipe materials may be used, if approved for the intended use by the Florida Department of Transportation. Stormwater conveyance pipe diameters shall be governed as follows: 1. The minimum diameter for a single-family residential driveway culvert shall be: i. Fifteen (15) inches on local roads unless greater cross section is required by the public works director or designee; ii. Existing twelve (12) inch diameter culverts on local roads may be replaced with twelve (12) inch diameter if allowed by the public works director. iii. Eighteen (18) inches on collector and arterial roadways or its cross-sectional equivalent, unless greater cross section is required by the public works director or designee. 2. Stormwater management discharge culverts shall be a minimum of eighteen (18) inches. (b) Workmanship, drainage structures and pipe materials shall conform to FDOT Standard Plans and FDOT Standard Specifications, latest edition: (c) Reinforced concrete pipe, from an approved FDOT producer, shall be used under public roads or private streets, unless otherwise approved by the public works director. (d) FDOT approved reinforced concrete pipe shall be used under county right-of-way pavement, unless otherwise approved by the public works director. FDOT approved pipe material shall be used into salt water outfalls with a calculated 100 -year service life. Due to its buoyancy, plastic pipe is not permitted in tidal areas or below the water table. Plastic pipe under driveways shall have FDOT approved concrete end sections to reduce buoyancy. (e) Drainage structures. All cross drains and storm sewers shall have headwalls, flared -end sections, or terminating structures in accordance with Indian River County Specifications or FDOT Standard Plans, latest edition. Endwalls, inlets, or other appropriate terminating and intermediate structures and backflow devices may be required where necessary. Indian River County, Florida, Code of Ordinances Pagfi40 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (f) Design and spacing of inlets shall be in accordance with FDOT Standard Specifications, latest edition, or Indian River County Specifications. Section 930.073. — Any property with a new discharge culvert installation that ultimateiv connects to receiving waters. (1) Shall treat one inch of runoff throu hc� storage facilities prior to discharge (a) Discharge culverts from wet ponds shall be set at the twenty -five-year frequency, twenty -four- hour duration (25/24) storm event elevation unless a structure is installed controlling the required treatment at the normal water elevation. Wells recharging ponds that discharge shall have the off function of the shut off valve no higher than the normal water elevation as established by a Professional Geotechnical Engineer or Professional Geologist. Where a wet season water table elevation is determined by the Florida Department of Health, the normal water elevation may be estimated at twelve inches below the wet season water table elevation unless other information shows it to be higher. (b) Properties required to provide treatment from other sections of this code, or that are under other urisdictional agency permit regulatory requirements which addresses treatment, such as Agricultural Activities which establish and adhere to Best Management Practices as required by the Florida Department of Agricultural and Consumer Services or the United States Department of Agriculture's Natural Resources Conservation Service r930.060)(01, are exempt from 930.073. The county may request a copv of the Best Management Practices used by the property in order to continue to allow the discharge. (c) Receiving waters are defined as stormwater management systems (canals, rivers, lakes, ditches) which do not provide the required treatment prior to discharging to the Indian River Lagoon. (Ord. No. 91-48, § 88, 12-4-91; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6- 12) Section 930.08. Permit requirements. (1) Type A permit. A detailed description and drawing (scale one (1) inch equals fifty (50) feet or larger) of the proposed stormwater management system shall be submitted to the public works director or designee ^ ^ ty devel,,.,meRt diFe ter,by a Florida registered engineer. fe.- ,n Pend -a Statutes § 484 229(4 ) a „ be amended ftern time to time. The following information shall be required: (a) Hydrologic data including design rainfall, project drainage area, tributary offsite drainage area, percolation tests, existing and proposed impervious area and soil characteristics including depth to wet season high water table. Soil borings spaced no more than four hundred (400) feet apart to a minimum depth of six (6) feet or as applicable to the development shall be provided. Alternative representative soil profiles are allowed if approved in writing by the public works director and if demonstrated to be from a reliable and generally recognized source. A one -foot interval contour topographic map for developments greater than one (1) acre or spot elevations for development area less than one (1) acre and, of the development aFea, including offsite area of sufficient size to indicate the general neighboring elevations, drainage patterns and transition grades, shall be pFeyided. Justification for normal and wet season water table elevations aGGu,;,pt ens shall be provided. (b) Hydrologic calculations for determining existing and proposed stormwater runoff. Indian River County, Florida, Code of Ordinances PaB641 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (c) Hydraulic data including receiving water stages, stage -storage and stage -discharge data for proposed retention and/or detention facilities_, and ^.,!,tie., test data as r the felie.. iRg , if GFitiGal, to a depth twe (2) feet bel.,. ., the ..,.ate.- table at the time of the tesit 5. Run fests fA-.r At least thii4y (39) MiRYteS and FeG()Fd at least the date, weather, pi:pjest name, itRess the test pFeGed-ure. expeFieRGed at the elevation of the p sed s totem U safety faGt . of h M\ GF (d) Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond discharge structures, and determining discharge rates and maximum water surface elevations. (e) Erosion and sedimentation control plans, during and after construction. (f) Statement of all assumptions and reference sources used in conduct of the study. (g) If soils are to be removed, a plan showing the removal and replacement of unsatisfactory soils feFappFeval. (h) Where percolation is proposed at the following are required: (a) At least one (1) boring per basin. Said borings shall be to a depth of twenty (20) feet below the invert of the basin or to a depth sufficient to locate the groundwater table and/or impervious soil layer. (b) If the stormwater management system utilizes percolation in the design, a minimum of one (1) field and one (1) laboratory soil permeability analysis per stormwater tract or area, with a maximum spacing of two hundred (200) feet between percolation test sites, must be provided by at#e-soil testing company and clearly demonstrated in the soil investigation report. (c) Soil investigation report shall be signed and sealed by a Professional Geotechnical Engineer or Profession Geologist. Recommendations of further exploration shall be adhered to as it relates to the proposed project design. (d) Field test shall utilize Usual Condition Test (Open Hole Test) procedure outlined in the SFWMD Handbook. Laboratory tests shall utilize ASTM D2434 and D5084 as the standard. (e) Safety factor of two shall be used either in the percolation rates or in the hydraulic analysis. (f) Laboratory samples shall be taken at varying depths with sample height or length generally between 12" and 24" and shall be a minimum of 24" below the normal water season elevation Indian River County, Florida, Code of Ordinances Pag643 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS and proposed pond bottom. (g) If the proposed stormwater tract or area is impacted for anv reason, post construction percolation data shall be provided. (h) If soil replacement is proposed, the public works director or designee may waive the preliminary testing requirement with an acceptable design that incorporates future post construction rate testing along with modeling and mounding barrier analysis. (i) A general description of the manner in which the stormwater management system is to be maintained, indicating who or what entity shall be responsible and by what method the responsibility shall be created and documented. (j) A list of all agencies (state, federal or local) having permit jurisdiction for the project. A copy of all state, local, SJRWMD, and federal permits shall be submitted prior to issuance of a building permit. In cases where a surface water management permit is required from the SJRWMD, identical plans and calculations shall be submitted for review and coordination between the county and the SJRWMD. (k) Stormwater Management System Type A permits shall expire concurrently with the initial Subdivision, Site Plan, Planned Development or other development approvals as provided in County Code Chapters 913, 914 and 915. Request for an extension shall be made once a year thereafter. If no inspections have occurred over a six-month period, the request for extension may be denied. (1) Suspension or revocation. The public works director is authorized to suspend or revoke a Stormwater Management System permit if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of other regulation or ordinance. m) Be signed by the applicant or the applicant's authorized aaent (2) Type B permit and Type C permit. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of the floodplain regulations in this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to either the public works director or designee, or the building official on behalf of the floodplain administrator and the buildiRg asif applicable, and shall obtain the required Type B or Type C permit(s)--a-R4 appreval(s). No such permit or other approval authorizing construction shall be issued until compliance with the requirements of these floodplain regulations and all other applicable codes and regulations has been satisfied. (a) Floodplain development permits GFappFeval6. Type Band Type C permits GF apprevals shall be issued pursuant to the floodplain regulations in this chapter for any development activities within a special flood hazard area, irrespective of whether or not the development activity is subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit9F appreval is required in addition to or in lieu of a building permit. (b) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of these floodplain regulations: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in Section 604.50, F.S. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. Indian River County, Florida, Code of Ordinances PagW - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 5. Those structures or facilities of electric utilities, as defined in Section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. 6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. 7. Family mausoleums not exceeding two hundred fifty (250) square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 8. Temporary housing provided by the department of corrections to any prisoner in the state correctional system. 9. Structures identified in Section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps. (c) Application for a Type B or Type C permit-epappFGval. To obtain a floodplain development permit or approval, the applicant shall first file an application and supporting documents in writing on a form furnished by the Count teen4RRwAy. In addition, theThe information provided shall: 1. Identify and describe the development to be covered by the permit-er--appreval. 2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in section 930.07(2)(a) of these floodplain regulations. 5. State the valuation of the proposed work for structure additions, improvements, and repairs. 6. For proposed enclosed areas under elevated buildings, a signed Declaration of Land Restriction (Nonconversion Agreement); the agreements shall be recorded on the property deed prior to issuance of the Certificate of Occupancy. 7. For proposed nonresidential dry floodproofed buildings, an operations and maintenance plan, which shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land prior to issuance of the permit. 8.& Be signed by the applicant or the applicant's authorized agent. (d) Additional application information. In addition to the information required for Type A permits in subsection 930.08(1) of this chapter, an applicant for a Type B permit shall submit to the public works director or designee Gemmunity development dirente all information showing compliance with section 930.07(2) of this chapter. For Type "C" permits, an applicant shall submit information showing compliance with section 930.07(2) of this chapter and all information required in section 930.08(2)(a) through (c). (e) Validity of permit or approval. The issuance of a Type B or Type C permit -Gr - a4 pursuant to the floodplain regulations in this chapter shall not be construed to be a permit for, or approval of, any violation of these regulations, the Florida Building Codes, or any other regulations of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. (f) Expiration. A Type C floodplain development permital shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its Indian River County, Florida, Code of Ordinances PagJ44 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS issuance, or if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (180) days each shall be requested in writing, and justifiable cause shall be demonstrated. Type C permits associated with a structural building permit through the County Building Department shall expire with that permit. Stormwater Management System Type B permits shall expire concurrently with the initial Subdivision, Site Plan, Planned Development and other development approvals as provided in County Code Chapters 913, 914 and 915. Request for an extension shall be made once a year thereafter. If no inspections have occurred over a six-month period, the request for extension may be denied. (g) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permitai if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of these floodplain regulations or any other regulation, ordinance, or requirement of this community. (h) Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development. Such applicable state or federal permits include but are not limited to the following: 1. The St. Johns River Water Management District; Section 373.036, F.S. 2. Florida Department of Health for onsite sewage treatment and disposal systems; Section 381.0065. F.S. and Chapter 64E-6, F.A.C. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; Section 161.141, F.S. 4. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section 161.055, F.S. 5. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. 6. Water Control or Improvement Districts. 7. Federal permits and approvals. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 10, 5-31-95; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, changed the title of § 930.08 from "Required information for permit applications" to "Permit requirements." Section 930.09. Required information to be submitted by Type B and C permit applicants after issuance of permit. Applicants for Type B or Type C permits shall provide to the floodplain administrato[Gommunity development d4reGtG a flood elevation or flood -proofing certification after the lowest floor is completed, or in instances where the structure is in a coastal high hazard area or Coastal A Zone, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevations, or flood -proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit Indian River County, Florida, Code of Ordinances Pag645 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS holder to submit to the floodplain administrator , a certification of the elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. When flood -proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) calendar day period prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the flood elevations survey data submitted and shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop -work orderfor the project. FEMA issued LOMRs are required in accordance with the appropriate permit as detailed in 930.07(2). (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-036, § 3, 11-6-12) Section 930.10. Permit application and review procedures. (1) Preliminary permit application. Any person who is in doubt as to whether a proposed activity requires a permit under this chapter may request a review by the public works departmentsea+ty upon completion of a preliminary application form supplied by the department. No fee shall be charged for a preliminary application. The preliminary application form shall be filed by the owner/applicant and shall contain the following elements: (a) A location map; (b) A statement and sketch expressing the intent and scope of the proposed project; (c) Review. The completed preliminary application shall be submitted to the public works department GGFRMUR to be reviewed by the GOMmunity develep.m.ent direntor and the Within ten (10) working days after submission of the completed preliminary application, the public works director or designe will notify the applicant that either the project is is exempt, or that a formal permit application must be filed for the project. (2) Type A or B stormwater management system permit application. If a Type A or Type B permit is required for the project, the applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the public works director or designee on forms furnished by the public works department. The permit application shall not be submitted until the project has been approved by TRC, or the project has otherwise been determined acceptable for permitting by the county. The public works department shall review the application and render a decision as to whether the requirements of this chapter are met within fifteen (15) working days. (3) Type C permit application. If a Type C permit is required for the project, the applicant shall furnish all necessary flood protection information to the public works director or designeesenity development d;.e,.+„r eF his designee, on forms furnished by the department. The application shall be reviewed within ten (10) working days of receipt of the application or at the time of consideration of the request for a zoning permit, whichever first occurs. When not exempt from the Florida Building Code, structures shall be reviewed concurrently with the Building Department application. Application for exempt structures or properties shall be submitted and reviewed through the public works department. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Indian River County, Florida, Code of Ordinances Pag646 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 930.11. Floodplain development inspections. (1) General. Development for which a Type B or Type C floodplain development permit or approval is required shall be subject to inspection. (2) Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of these floodplain regulations and the conditions of issued floodplain development permits or approvals. (3) Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of these floodplain regulations and the conditions of issued floodplain development permits or approvals. (4) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 930.07(2)(a)2.c.ii of these floodplain regulations, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (5) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 930.11(4) of these floodplain regulations. (6) Manufactured homes. The building official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these floodplain regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the building official. (Ord. No. 2012-036, § 3, 11-6-12) Section 930.12. Administrative duties. (1) Stormwater management, duties of the public works director. The public works director shall perform the following specific duties: (a) Make all professional engineering determinations required with respect to analysis of any given application; (b) Approve any changes or amendments to an acceptedappreved stormwater management plan; (c)(d) After the completion of a project, require as -built plans from the owner or applicant and a certificate of completion from the engineer of record; Indian River County, Florida, Code of Ordinances Pagfi4M - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS LdX-e) Any system required by this chapter shall be maintained by the owner, successor owners, or an entity designated by the owner except that the director may accept certain systems for county maintenance. The selection of critical areas or structures to be maintained by the county shall be recommended to the board of county commissioners by the director. All areas or structures to be maintained by the county must be dedicated to the county by plat or separate instrument and expressly accepted by the board of county commissioners. For any system which is to be maintained by a party other than the county, easements shall be established which permit the county to inspect and if necessary, as determined by the county, to take corrective action should the party fail to properly maintain the system. Such easements shall also establish a right of entry for the Indian River County Mosquito Control District for the limited purpose of inspection, prevention, or treatment of mosquito infestations, as allowed by law. Should a party fail to properly maintain a system as required, the director shall give such party written notice of the nature of the corrective action necessary. If the party fails, within thirty (30) days from the date of the notice to take, or commence taking, corrective action to the satisfaction of the director, the county may at its discretion, enter upon lands, take corrective action and the cost of such corrective action shall become a lien on the property or properties benefited. (2) Flood protection management, duties of the public works director The public works clirecto[GemmURity developmeRt is designated as the floodplain administrator. The floodplain administrator may delegate performance of Gertain duties to other employees. (a) The floodplain administrator is authorized and directed to administer and enforce the provisions of these floodplain regulations. The floodplain administrator shall have the authority to render interpretations of these floodplain regulations consistent with the intent and purpose of these regulations and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in these floodplain regulations without the granting of a variance pursuant to section 930.13°3^ ^o- '�T of these regulations. (b) The floodplain administrator, incoordination with other pertinent offices of the countysenaity, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; 2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of these floodplain regulations; 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; 5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; 6. Review applications to determine whether proposed development will be reasonably safe from flooding; 7. Issue floodplain development permits 9Faps for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with these floodplain regulations is demonstrated, or disapprove the same in the event of noncompliance; and 8. Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of these floodplain regulations. Indian River County, Florida, Code of Ordinances Pag649 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (c) Substantial improvement and substantial damage determinations. Determinations for existing buildings and structures. For building permit applications to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall: 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value within six (6) months before the damage occurred and before any repairs are made; 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and these floodplain regulations is required. (d) Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to section 930.13 of these floodplain regulations. (e) Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with these floodplain regulations. (f) Inspections. The floodplain administrator shall make the required inspections as specified in section 930.11 of these floodplain regulations for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. (g) Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 930.12(2)(c) of these floodplain regulations; 2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; Indian River County, Florida, Code of Ordinances Pag6 4Q - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS 4. Review required design certifications and documentation of elevations specified by these floodplain regulations and the Florida Building Code to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the corporate boundaries of Indian River County are modified; and 6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." (h) Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these floodplain regulations and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and these floodplain regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood -carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these floodplain regulations and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Indian River County Public Works Director (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2005-031, § 1, 9-6-05; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, amended and renumbered former § 930.11 as § 930.12 Section 930.13. Variances and appeals. (1) General. The construction board of adjustment and appeals shall hear and decide on requests for appeals and requests for variances from the strict application of these floodplain regulations, including appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code (reference Section 553.73(5), F.S.). This section does not apply to Section 3109 of the Florida Building Code, Building. (2) Appeals. The construction board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of these floodplain regulations. Any person aggrieved by the decision of the construction board of adjustment and appeals may appeal such decision to the circuit court, as provided by Florida statutes. (3) Limitations on authority to grant variances. The construction board of adjustment and appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 930.13(7) of these floodplain regulations, the conditions of issuance set forth in section 930.13(8) of these regulations, and the comments and recommendations of the floodplain administrator and the building official. The construction board of adjustment and appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of these floodplain regulations. Indian River County, Florida, Code of Ordinances PagfiM - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (4) Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 930.07(2)(a)3. of these floodplain regulations. (5) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (6) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in these floodplain regulations, provided the variance meets the requirements of section 930.13(4), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (7) Considerations for issuance of variances. In reviewing requests for variances, the construction board of adjustment and appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, these floodplain regulations, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 4. The importance of the services provided by the proposed development to the community; 5. The availability of alternative locations for the proposed development that are subject to lower risk of flooding or erosion; 6. The compatibility of the proposed development with existing and anticipated development; 7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; 8. The safety of access to the property in times of flooding for ordinary and emergency vehicles; 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (8) Conditions for issuance of variances. Variances shall be issued only upon: (a) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of these floodplain regulations or the required elevation standards; (b) Determination by the construction board of adjustment and appeals that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; Indian River County, Florida, Code of Ordinances Pag6511 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief; (c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and (d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. (9) Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures provided the requirements of this section are satisfied and: (a) A determination has been made that the proposed agricultural structure: 1. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses. 2. Has low damage potential (amount of physical damage, contents damage, and loss of function). 3. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water -reactive materials. 4. Complies with the wet floodproofing construction requirements of paragraph (2), below. (bb) Wet flood proofing construction requirements. 1. Anchored to resist flotation, collapse, and lateral movement. 2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2. 3. Flood damage -resistant materials are used below the base flood elevation plus 18inches. 4. Mechanical, electrical, and utility equipment, including plumbing fixtures, are elevated above the base flood elevation plus 18 inches. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-25, § 18(F), 8-31-94; Ord. No. 2012-036, § 3, 11-6- 12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, amended and renumbered former § 93 0.12, "Appeal procedure," as § 930:13, "Variances and appeals." Indian River County, Florida, Code of Ordinances PagiQ,%2 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 930.14. Violations and notice. (1) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with these regulations, shall be deemed a violation of these regulations. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these floodplain regulations or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (2) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (3) Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (4) Notice. In the event the public works c1irect0[GGFRFR61R0tY developmeRt diregte determines a violation exists, a written notice of violation shall be issued to the owner of the property. The notice shall contain: (a) The name and address of the owner; (b) The street address when available or a description of the building or land upon which the violation is occurring; (c) A statement specifying the nature of the violation; (d) A description of the remedial actions necessary to bring the development activity into compliance and a time schedule for completion of such remedial action; (e) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; (f) A statement that the public works director'sGeMM,,^;+„ devel,,pme„+ diFe,.+„r's determination of violation may be appealed to the code enforcement board by filing a written notice of appeal within thirty (30) days of service of notice of violation. (5) The notice of violation shall be served upon the person(s) to whom it is directed either personally, in the manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, amended and renumbered former § 930.13, "Notice," as § 930.14, "Violations and notice." Section 930.15. Vested rights. This chapter shall not limit the vested rights of any person to complete any development project for which approval was properly granted based upon prior law, where such previous approval remains in effect. The county commission may acknowledge vested rights in other circumstances where it is equitable and just. Indian River County, Florida, Code of Ordinances Page - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-036, § 3, 11-6-12) Editor's note— Section 3 of Ord. No. 2012-036, adopted Nov. 6, 2012, amended and renumbered former § 930.14, as § 930.15. Section 930.16. Disclaimer of liability. The floodplain regulations in this chapter shall not create liability on the part of the Board of County Commissioners of Indian River County or by any officer or employee thereof for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder. (Ord. No. 2012-036, § 3, 11-6-12) Indian River County, Florida, Code of Ordinances Pag654 ORDINANCE NO. XXXX-XXX AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) AND CODE OF LAWS AND ORDINANCES; PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, CHAPTER 912, SINGLE-FAMILY DEVELOPMENT AND CHAPTER 930 STORMWATER MANAGEMENT AND FLOOD PROTECTION; AND TO AMEND CODE OF ORDINANCES, TITLE IV CHAPTER 401, BUILDINGS CODES, TO AMEND THE FLORIDA BUILDING CODE, AND TO REPEAL AND RESERVE CHAPTER 402, COASTAL CONSTRUCTION CODE, TO REMOVE REDUNDANT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 125—County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, Indian River County was accepted for participation in the National Flood Insurance Program on July 3, 1978 and the Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 2012-036 on November 6, 2012 to revise the floodplain management regulations to coordinate with the Florida Building Code; and WHEREAS, the Florida Division of Emergency Management identified corrections required by the Federal Emergency Management Agency to bring the Indian River County's floodplain management regulations into conformance with the Model Floodplain Management ordinance approved by FEMA in January 2013; and WHEREAS, Indian River County participates in the NFIP's Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements, achieving a CRS rating of Class 6, making residents and property owners who purchase NFIP flood insurance policies ; and WHEREAS, in 2020 the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and WHEREAS, to satisfy the prerequisite and for Indian River County to maintain the current CRS rating, all manufactured homes installed or replaced in special flood hazard areas must be elevated such that the lowest floors are at or above at least the base flood elevation plus 1 foot, which necessitates modification of the existing requirements; and 655 WHEREAS, the Board of County Commissioners determined that it is in the public interest to amend the floodplain management regulations to better protect owners and occupants of manufactured homes and to continue participating in the Community Rating System at the current class rating; and WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures; and WHEREAS, the Board of County Commissioners has determined it appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy and granting of variances for certain wet floodproofed agricultural structures; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the Florida Building Code that provide for more stringent requirements than those specified in the Code and allows adoption of local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; and WHEREAS, the Board of County Commissioners previously adopted requirements to (1) require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a ten-year period; and (2) increase the minimum building elevations; and for the purposes of the National Flood Insurance Program Community Rating System and, pursuant to section 553.73(5), F.S., is readopting those amendments using the current language in the Florida Building Code; and WHEREAS, the Board of County Commissioners is adopting new requirements to (1) further increase the minimum building elevation; (2) require declarations of land restriction (nonconversion agreements) for enclosed below elevated buildings; (3) require applicants for dry floodproofed buildings to submit operations and maintenance plans; (4) to require use of FEMA Elevation Certificates and FEMA Floodproofing Certificates; (5) require a higher level of protection for critical facilities; and (6) to apply coastal high hazard area requirements in Coastal A Zones, for the purpose of participating in the National Flood Insurance Program Community Rating System; and, pursuant to section 553.73(5), F.S., is formatting those requirement to coordinate with the Florida Building Code; and WHEREAS, the Board of County Commissioners has determined that it is in the public interest to adopt the proposed local technical amendments to the Florida Building Code and the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and WHEREAS, as technical stormwater design engineering standards have evolved and certain types of water quality treatment and storage methods are more readily utilized, the Board of County Commissioners has determined that revision of the stormwater management codes is appropriate for consistency with state agency criteria and clarification of common code interpretations; and 656 WHEREAS, Code of Ordinances Chapter 402, Coastal Construction Code, adopted in 1991, is superseded by the coastal construction control line requirements of the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County that the Indian River County Land Development Regulations are amended as set forth in Section 1, and the Indian River County Code of Ordinances is amended as set forth in Section 2, as shown in strikethrough and underline format. SECTION 1. Indian River County Land Development Regulations Chapter 901, Definitions, and Chapter 930, Stormwater Management and Flood Protection, Chapter 910, Level of Service Standards Established in the Comprehensive Plan, Chapter 912, Drainage; Stormwater Management and Flood Protection as set forth in Attachment B, Attachment C, Attachment D and Attachment E, respectively, shall be adopted. SECTION 2. Indian River County Code of Ordinances Chapter 401, Building Codes, and Chapter 402, Coastal Construction Code, as set forth in Attachment A, shall be adopted. SECTION 3. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has.been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 4. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the unincorporated areas of Indian River County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 5. REPEAL OF CONFLICTING ORDINANCES. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. SECTION 6. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Board of County Commissioners of Indian River County that the provisions of this ordinance shall become and be made a part of Indian River County's Code of Laws and Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 8. EFFECTIVE DATE. 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U '� u •c VV) =3 L LL O (6 2 a) O Ll E OO N m 'c CO0 O ns i 6 u _ E O U y In v L w � � co ZO C ra LL �`- L O ° Q v +� v E o �O �• o a1 �^ -C u0 w ca t r14 a)Lap Ln O W 7 -C S U +� N l6 C O bn a) ^r; Ln =� N mu C v� Q '- = O , co v u a) L E N m 0 N m a,, _I_ ) 7 N u LLv c v o co O Q1 O -0 u cr U 0 Q v cc v Co CU 41 41 O M'- C i to O O W E rl O •L O N> w u OO >3 Cou p V O 0) 0) v y 6 3 con `° 0 a Y 0 0 0 p c O 'vi Q. > Ci.i Q U F- "O N O 0 LL e4 N M ct V) Z 0 • CONSENT: August 17, 2021 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: August 6, 2021 SUBJECT: Resolution Cancelling Taxes on a Property Purchased by the City of Fellsmere for Public Purpose A parcel of land was purchased by the City of Fellsmere ("City") and the City will be using the property for the public purpose of expanding their stormwater retention area, a copy of the letter from the City stating the public purpose of the property is attached. For this reason, a resolution has been prepared for consideration by the Board for removing the below recited property from the tax roll for ad valorem taxes for current and future years. Parcel No.: 31-37-00-00001-1441-00004.0 General Legal Description: Fellsmere Farms Company's Part Tract 1441, 31/37/00 Site Address: 98th Street, Fellsmere, FL 32948 Purchased From: Michael O'Haire, Individually and as Trustee of the Michael O'Haire Living Trust U/A/D January 30, 2019 Public Purpose: Expansion of Stormwater Retention Area for the City of Fellsmere Warranty Deed Recorded in: Book 3445, Page 32 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel current and future ad valorem taxes upon the publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and Property Appraiser so that the current ad valorem taxes and future ad valorem taxes may be cancelled. /nw Attachment: Resolution Letter cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser City Attorney, City of Fellsmere 661 Parcel No.: 31-37-00-00001-1441-00004.0 General Legal Description: Fellsmere Farms Company's Part Tract 1441, 31/37/00 Site Address: 98th Street, Fellsmere, FL 32948 Purchased From:. Michael O'Haire Individually and as Trustee of the Michael O'Haire Living Trust U/A/D January 30, 2019 Public Purpose: Expansion of Stormwater Retention Area for the City of Fellsmere RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 662 RESOLUTION NO. 2021 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were purchased by the City of Fellsmere from Michael O'Haire, Individually and as Trustee of the Michael O'Haire Living Trust U/A/D January 30, 2019 for use by the municipality for the expansion of stormwater retention area, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in Book 3445 at Page 32, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss t 4 663 ; RESOLUTION NO. 2021 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA z Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk.of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $202.83 Approved as to form and legal sufficiency: Bv: Dylan Reingold County Attorney 664 1 July 27, 2021 VIA ELECTRONIC MAIL: dreingold@iregov.com Dylan Reingold, Esq. Office of the County Attorney Indian River County 1801271h Street Vero Beach, FL 32960 s .. Re: Canceling Taxes for Land having Parcel ID No. 31-37-00-00001-1441-00004.0 Our File No. 21-205 Dear Dylan: The City recently completed its purchase of approximately one (1) acre of vacant land from Michael O'Haire's Trust adjacent to its stormwater retention area in the Hall, Carter, James Subdivision. The City will be using this land to expand the stormwater retention area. The City requests that the County cancel taxes for 2021 and remove the property from the tax roll as of July 19, 2021, the date the Warranty Deed was recorded. A copy of the recorded Deed is attached. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and authority to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands, heretofore or hereafter, conveyed to, or acquired by any • • • municipality of the state, - - - for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-5714616 Fax: 772-571-8615 C65 Letter to Dylan Reingold, Esq. July 27, 2021 Page 2 of 2 Prorated funds were collected at closing for the taxes. These funds were sent to and received by Jordan Abbey, Manager of Taxes and Licenses, Tax Collector's Office. Please advise if there is anything else the City needs to do to have this Land removed from the tax roll. 7a� ly yours, Warren W. Dill City Attorney WWD/jlb Enclosure cc: Mark D. Mathes, City Manager (w/enol) Putnam Moreman, Director of Finance (w/enol) t:\clients\1760\21-205\2021.07.26 letter to dylan re cancellation -of taxes.docx 666 3120210051670 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3445 PG: 32, 7119/202110:33 AM D DOCTAX PD 5175.00 Prepared By & Return To: Warren W. Dill, Esq. Dill, Evans & Rhodeback 1565 US Highway I . . . . . . Sebastian, FL 32958 . . . . . ' Parcel Identification No. 31.37-00.00001-1441-00004.0 • • • . .. Space above this tlnb fdr recording dala Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Warranty Deed, made this L�day of July, 2021, between Michael O'Haire, Individually and as.. . Trustee of The Michael O'Haire Living Trust U/A/D January 30, 2019, whose address is 311 I Cardinal Drive, Vero Beach, FL 32963, hereinafter referred to as "Grantor", and City of Fellsmere, Florida, Florida, whose post . office address is 22 S. Orange Street, Fellsmere, FL 32948, hereinafter referred to as "Grantee". Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and • . other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is . hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: The following part of Tract 1441 of Fellsmere Farms Company's subdivision of all unsurveyed part of Township 31 South, Range 37 East, according to the plat thereof recorded in Plat Book 2, Pages 1 and 2, St. Lucie County Records (said land now lying in Indian River County): From a point on the west line of Tract No. 1441; which point is S 002P E a distance of 439.31' from NW Comer, thence N 89139' E 300' for point of beginning; thence N 89039' E 200; thence S 0°2 PE 212.71' to a point on North Right of Way of Railroad; thence N 88°14' W 200.12% thence N 0121' W 205.15' to point of beginning. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.' Subject to governmental regulations, covenants, rights of way, restrictions, easements and reservations of record, if any, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. And the Grantor hereby covenants with said Grantee that tate Grantor is lawfully seized of said landjn fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever and that said land is free of all encumbrances, except as stated herein and taxes accruing subsequent to December 31, 2020. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above.' written. Signed, sealed and delivered in our presence: WITNESSES: � Micha O ire, r 'vi y and as Trustee of The Michael 0' ire Living Trust U/AID January 30, 2019 M..) Stephanie M. Petrulak (Slcnl ��wR•t� V �. WgiNmnei_Tanva C. Tillman State of Florida County of Iridian River The foregoing instrument was acknowledged before me by means of C physical presence or 13 online notarization this &19 day of July, 2021 by Michael Onsite, Individually and as Trustee of The Michael allaire. Living Trust U/A/D 1-30-19 who [ ✓J is personally known to me or [ ] has produced a driver's license issued by the State of as identification. ...1W2 G .�►af�u HJI D(p0751 _ [Notary S > UUt1'At~11 LmM Notary Mblic, State of Florida Commission No. qtr?HllOtS} Printed Name: Tanya C. Tillman �E4vbMMbffA2M4 My Commission Expires: November 5, 2024 „ 667 Elm MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 5, 2021 SUBJECT: First Amendment to License with Vertical Bridge BACKGROUND. On September 15, 2020, the Indian River County Board of County Commissioners ratified an agreement with SteepSteel, LLC to provide Indian River County with professional consulting services for wireless technology. Since then, SteepSteel, LLC has assisted County staff with negotiating a First Amendment to License ("First Amendment") with Vertical Bridge CC FM, LLC ("Vertical Bridge"), relating to a tower located at 990 1" Place. Pursuant to the First Amendment, the additional renewal term will be for 10 years, followed by two additional five-year terms. Under the current lease, the County receives $3,895.80 annually, with a 4% annual increase. In exchange for the renewal, the rent will be adjusted to $24,000 per year, which will be adjusted by 2.7% annually. Additionally, Vertical Bridge will pay an initial amendment fee of $10,000 with another $10,000 due by July 1, 2022. Finally, Vertical Bridge will split fifty percent of any rents from sublicensees with the County. The County will also retain the right, rent- free, to the space(s) historically reserved for its exclusive use. 121jul -MM", Proceeds received from the license amendment will be split between the GIS/Telecommunications and i Emergency Services District funds. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the First Amendment to License and authorize the chair to execute same, and any other documents necessary to effectuate the transaction, after review and approval by the County Attorney. ATTACHMENT. First Amendment to License 668 FIRST AMENDMENT TO LICENSE THIS FIRST AMENDMENT TO LICENSE (this "Amendment"), dated as of this day of , 20_ (the "Effective Date"), by and between Indian River County (the "Licensor"), and Vertical Bridge CC FM, LLC, a Delaware limited liability company (the "Licensee"), recites and provides: RECITALS WHEREAS, Licensor is the fee owner of certain real property located in Indian River County, Florida, as more particularly described on Exhibit WA (the "Property"). . WHEREAS, Licensee, by way of assignment, is the tenant under that certain License by and between Licensor and Media VI, a Florida Partnership, dated as of May 7, 1996 (as previously assigned and as further amended herein, the "License"). WHEREAS, on January 20, 2004 the license was assumed by Capstar Radio Operating Company (Capstar) in the Consent to Assumption of License and Agreement for Renewal of License to Use Real Property for a Radio Tower and extended an additional 20 years until October 27, 2022. WHEREAS, in February 2015, the License was assigned to Licensee WHEREAS, Licensor Licenses to Licensee a portion of the Property, as more particularly described on Exhibit VJ (the "Licensed Premises" or "Premises"). WHEREAS, Licensee owns, operates, and maintains wireless communications equipment other associated improvements on the Licensed Premises ("Improvements"). WHEREAS, Licensor and Licensee now desire to amend the License as more particularly provided below. AGREEMENT NOW, THEREFORE, in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. 1.Defined Terms; Recitals. Capitalized terms used but not defined herein shall have the meanings given to such terms in the License. The recitals set forth here and above are true and correct in all respects and are incorporated herein by reference. 2.Additional Renewal . This section shall replace any reference to term in the License. July 1, 2021 shall become the commencement date of the Additional Renewal term, which shall be an initial Ten (10) year term followed by Two (2) additional Five (5) year renewal periods (each an "Additional Renewal Term"), until June 30, 2041. Each such Additional Renewal Term shall be deemed automatically exercised by Licensee unless Licensee 669 provides written notice to Licensor of non -renewal at least one hundred twenty (120) days prior to expiration of the then current term. 3.Rent. Commencing immediately upon execution of this Amendment, and in no event later than July 1, 2021, rent shall be adjusted to Twenty -Four Thousand Dollars ($24,000) annually, payable monthly at Two Thousand and 00/100 dollars ($ 2,000.00). Payment to Licensor of the first Three (3) years of this Amendment shall be guaranteed by Licensee. 4.Rent adjustment. Rent shall adjust annually by two point seven percent (2.7%) over the prior year's amount. 5.Amendment Fees: Simultaneous with execution of this Amendment and as a condition to its effectiveness, Licensee shall pay an amendment fee of Ten Thousand and 00/100 Dollars ($10,000 to Licensor, with a balance of Ten Thousand and 00/100 Dollars ($10,000) due upon the anniversary of the commencement date of the amendment, meaning July 1, 2022. 6. Revenue Share. In addition to and separate from the Rent, Licensee shall pay to the Licensor, Fifty percent (50%) of rents from any subLicensee(s) on the Licensee's Improvements or Premises, as defined in this License, located on the Licensed Premises exclusive of any reimbursements paid to Licensee by subLicensee, such as but not limited to, taxes, utilities, and non-recurring fees (e.g . structural analysis fees, mount analysis fees, and capital expenditures) ("SubLicensee Rent") 7. Right of First Refusal. If Licensor elects during the Term to grant to a third party by easement or other legal instrument, an interest in and to the Premises for the purpose of operating and maintaining communications facilities or the management thereof, with or without assignment of this Agreement to such a third party, Licensee shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If Licensee fails to meet such bona fide offer within thirty (30) days after written notice thereof from1icensor, Licensor may sell or grant the easement or interest in the Premises to such third person in accordance with the terms and conditions of such third party offer. 8. Assignment. Licensee may not assign this License to any person or entity, including Licensee's lender, at any time without the prior consent of Licensor. 9. Subleasing. Licensee shall have the exclusive right to subLicense or grant licenses to use the Improvement or any other tower, structures, equipment, or ground space on the Premises, with the prior written consent of Licensor, not to be unreasonably withheld, conditioned, or delayed, except that Licensor shall retain the rights to the space(s) historically reserved for Licensor's exclusive use. Such rights shall be rent free to the Licensor for the duration of the License. Any such subLicense shall be subject to the revenue share provisions of section 6 above. 10. Termination. Licensee shall use commercially reasonable efforts to locate and maintain subtenants on the Improvements. In addition to any other termination rights of 670 Licensee in the License, Licensee may terminate the License in the event that Licensee is unable to locate or maintain any subtenants on the Improvements for a period of three (3) consecutive years, effective as of the expiration of such three (3) year period upon prior written notice to the Lessor. 11. Transfer of Improvements. All Improvements on the Premises shall become the property of the Licensor upon termination of this License. 12. Exclusive Use. In addition to any other use rights granted by the License, Licensee shall have the exclusive right to use the Licensed Premises for purposes of constructing, maintaining, and operating wireless communication infrastructure. Licensor shall not grant any right to a third -party which would affect all or part of the Licensed Premises in any way that competes, interferes, or conflicts with this exclusive use by Licensee, except that Licensor shall retain the rights to the space(s) historically reserved for Licensor's exclusive use. Said space(s) shall be further.defined in terms of reserved height by Licensor within 90 days of Amendment execution. Such rights shall be rent free to the Licensor for the duration of the License. 13. Memorandum of License. Licensee shall be permitted to record a Memorandum of License, or Memorandum of Amendment of License, as applicable ("MOL"), in the form attached as Exhibit C, reflecting the terms of the License as modified by this Amendment, and Licensor shall promptly execute such MOL at Licensee's request. 14. There shall be no liens or mortgages or other security interests that encumber the Premises. 15. Licensee's Indemnity. Licensee shall defend, indemnify and hold Licensor and its officers, directors, shareholders, employees, agents and representatives ("Licensor's Representatives") harmless from and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) (individually or collectively, a "Claim") arising directly or indirectly out of: (i) any act or omission of Licensee, its officers, agents, employees, contractors, or any other person or entity for whom Licensee is legally responsible ("Licensee's Representatives"); or (ii) a breach of any representation, warranty or covenant of Licensee contained or incorporated in this Agreement. 16. Licensor's Indemnity. Licensor shall defend, indemnify and hold Licensee and its officers, directors, shareholders, employees, agents and representatives ("Licensee's Representatives") harmless from and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) (individually or collectively, a "Claim") arising directly or indirectly out of: (i) any act or omission of Licensor, its officers, agents, employees, contractors, or any other person or entity for whom Licensor.is legally responsible ("Licensor's Representatives"); or (ii) a breach of any representation, warranty or covenant of Licensor contained or incorporated in this Agreement. Licensor's obligations under this section shall only be to the. limits set forth in section 768.28, Florida Statutes. 671 17. Survey of Licensed Premises. If an accurate, surveyed legal description of the Licensed Premises has not been incorporated into the License, Licensee may conduct an updated survey of the Licensed Premises, at Licensee's sole cost and expense, to be used to replace any such erroneous legal descriptions, drawings, depictions, or site plans, previously attached as attachments, exhibits, schedules, or other supplements to the License, upon reasonable approve of the Licensor, which approval shall not be unreasonably withheld, conditional, or delayed. Such surveyed legal descriptions shall serve as the "Licensed Premises" under the License, shall supersede any other descriptions of the Licensed Premises in the License, shall be attached by Licensee through an additional "Licensed Premises Addendum" to the License at a later time, and may be done within one (1) year of the Effective Date. 18. Notices. All notices under the License shall be delivered by Federal Express, or US certified mail return receipt requested, and addressed to: If to Licensee: Vertical Bridge CC FM, LLC c/o Vertical Bridge REIT, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attention: General Counsel Ref: US -FL -5015 If to Licensor: Indian River Country 1801 27th Street Vero Beach, FL 32960 Attention: County Attorney 19. Representations of Licensor. Licensor warrants and represents that: (i) it is the owner in fee simple of the Licensed Premises; (ii) it alone has full right to License the Licensed Premises on the terms of the License, as amended; and (iii) it has the full authorization and authority to execute this Amendment. 20. Counterparts/Digital Signatures. This Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Both counterparts shall be construed together and shall constitute a single document. Delivery of a copy of this Amendment bearing an original signature by facsimile transmission, by electronic mail in "portable document format" (".pdf ') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. For the purposes of this section, "original signature" means or refers to a signature that has not been mechanically or electronically reproduced. 672 21. Ratification. Except as amended and modified herein, the License is ratified and confirmed in all respects and shall continue in full force and effect. In the event of any dispute between the terms of the License and this Amendment, the terms of this Amendment shall govern and supersede those set forth in the License. [The remainder of this page is intentionally blank, signature page follows.] 673 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date. LICENSOR: Indian River Country By: _ Name: Title: [Licensor's Signature Page to Amendment] 674 675 i i LICENSEE: �1 Vertical Bridge CC FM, LLC i By: Name: Alex Gellman Title: Chief Executive Officer I i l � I � r I i [Licensee's Signature Page to Amendment] ! 676 I Exhibit PA Description of the Property (Parent Parcel) PARENT PARCEL ALL OF THE SE 1/4 OF SW 1/4 LYING SOUTH OF THE SOUTH RELIEF CANAL OF THE INDIAN RIVER FARMS DRAINAGE DISTRICT, IN SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF PROPERTY CONVEYED TO THE CITY OF VERO BEACH RECORDED 01/27/1969 IN BOOK 305, PAGE 520 677 Exhibit C Legal Description`of the Licensed Premises LEASED PARCEL FROM A POINT OF BEGINNING AT TETE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF A 160 -FOOT WIDE RIGHT-OF-WAY FOR LATERAL "J" CANAL_ AND THE SOUTH RIGHT-OF-WAY LINE OF A 250 -FOOT WIDE RIGHT -0F -WAY FOR THE SOUTH RELIEF CANAL OF THE INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT, SAID P.O.B. BEING IN THE S.E.1/4 OF THE S.W. 1/4 OF SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA; RUN NORTHEASTERLY ON SAID SOUTH RIGHT -0F -WAY LINE OF THE SOUTH RELIEF CANAL A DISTANCE OF 600 FEET TO A POINT, THENCE RUN SOUTHEASTERLY ON A LINE PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF LATERAL "J" CANAL A DISTANCE OF 600 FEET TO A POINT; THENCE RUN SOUTHWESTERLY ON A LINE PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF THE SOUTH 'RELIEF CANAL A DISTANCE OF 600 FEET TO THE INTERSECTION OF THE EAST (RIGHT -QF -WAY LINE OF LATERAL "J" CANAL; THENCE RUN NORTHWESTERLY ON SAID EAST RIGHT-OF-WAY LINE OF L4! RAL "I" CANAL A DISTANCE OF 600 FEET TO SAID P.O.B. THE GRANTOR FURTHER GRANTSTO LICENSEE AN EASEMENT FOR INGRESS AND EGRESS TO EXIST DURING THE TERM OF THIS LICENSE OVER TETE FOLLOWING DESCRIBED ''REAL PROPERTY, LOCATED IN INDIAN RIVER COUNTY, FLORIDA: RUNNING FROM THE ABOVE DESCRIBED IPROPERTYTO OLD DIXIE HIGHWAY BEING THE 30 FEET LYING. IMMEDIATELY SOUTHERLY OF THE RIGHT-OF-WAY FOR THE SOUTH RELIEF CANALAS ABOVE DESCRIBED. THE GRANTOR RESERVES THE RIGHT TO GRANT SIMILAR EASEMENTS TO OTHER PARTIES TAX I.D. NUMBER: 33-39-13-00CM5000-0 41/0 �3i�L� _ • .►I�1�3� BEING THE SAME PROPERTY CONVEYED TO INDIAN RIVER COUNTY FLORIDA, GRANTEE, FROM R. S. SWING, GRANTOR RECORDED 12/1311966, AS BOOK -.PAGE: 243-251 OF COUNTY RECORDS. 678 Exhibit 7 Form of Memorandum of License [SEE ATTACHED] 679 (Above 3" Space for Recorder's Use Only) Upon Recording Return to: Vertical Bridge REIT; LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attn: General Counsel Site Name: FPR -009 -AM -FM Site Number: US -FL -5015 MEMORANDUM OF AMENDMENT TO LICENSE This Memorandum of Amendment to License ("Memorandum") evidences a License, dated May 7, 1996 (the "License") by and between Indian River Country, whose address is 1801 27th Street, Vero Beach, FL 32960 ("Licensor"), and Vertical Bridge CC FM, LLC, a Delaware limited liability company, whose mailing address is 750 Park of Commerce Drive, Suite 200, Boca Raton, FL 33487 ("Tenant"). WHEREAS, Licensor owns certain real property (the "Property") described on Exhibit A-1 attached hereto. WHEREAS, pursuant to the License, Licensor Licenses to Licensee a portion of the Property (the "Premises") described on Exhibit A-2 (and together with Exhibit A-1, collectively, Exhibit A). WHEREAS, the License commenced on October 28, 1982, for an initial term of Twenty (20) years, with One (1) renewal terms of Twenty (20) years each, and the License was amended to add Two (2) additional Five (5) year renewal terms. WHEREAS, the License, as amended, further provides as follows: 1. The Premises may be used exclusively by Licensee for certain purposes, including without limitation, erecting, installing, operating, reconstructing, and maintaining certain radio and communications equipment. 2. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the License. In the event of a conflict between the provisions of this Memorandum and the provisions of the License, the provisions of the License shall control. The License shall be binding upon and inure to the benefit of Lessor and Licensee and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the License. 3. Under certain circumstances, Tenant has a right of first refusal to acquire the Premises from Landlord. 680 i [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] IN WITNESS WHEREOF,' -the parties hereto have executed this MEMORANDUM as of the date last signed by a party hereto. WITNESSES: Name STATE OF COUNTY OF Licensor: Indian River Country - By: Name: Title: day of , 20_, before me personally , to me known (or proved to me on the basis of to be -the person described in and who executed the foregoing instrument, and acknow v executed the same as their free act and deed 1 ITNESS my hand and Official Seal at office this _ day of , 20�, otary Public Printed Name: y_ Commission Expires. 682 [Licensee's Signature Page to Memorandum] WITNESSES: Licensee: Vertical Bridge CC FM, LLC, a Delaware limited liability company Name: ± By. Name: Title: Name: k Date: i TATE OF FLORIDA COUNTY OF PALM BEACH he foregoing instrument was acknowledged before me this _ day of , 20_, the I of Vertical Bridge CC FM, L Delaware limited liability company, on behalf of the company, who is personally known to mef hand and Official k `y Commission Expires: i I i 683 EXHIBIT A (TO MEMORANDUM OF License) EXHIBIT A-1 The Property DLNSERT LEGAL DESCRIPTION OF THE PROPERTY FROM TITLE COMMITMENT] EXHIBIT A-2 The Premises SERT LEGAL DESCRIPTI.ON OF THE PREMISES FROM FINAL SURVEYI]. ME Off, ce of INDIAN o� ConsentAgenda 0811712021 RIVER COUNTY ATTORNEY Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Board of County Commissioners Robin Miller, Housing Program Manager William K. DeBraal, Deputy County Attorney Vv August 11, 2021 Approval of Temporary Policy Supplement for Emergency Housing Vouchers and Supporting Resolution On July 13, 2021, the Board of County Commissioners approved a Memorandum of Understanding between the County's Rental Assistance Program and the Treasure Coast Homeless Services Council, Inc. for participation in the American Rescue Plan Act of 2021 (ARP) for new Emergency Housing Vouchers (EHV). The ARP appropriated $5 billion for new EHV to assist qualified persons with rental vouchers, security deposit assistance, moving costs, basic human services needs (beds, cooking items, toiletry items, all essential household items, etc.) and other costs depending on the applicant's needs. Eligible individuals include homeless, at risk of homelessness, recently homeless families, and those fleeing domestic violence and human trafficking. Indian River County was awarded 34 new emergency vouchers. The COVID 19 pandemic has caused great uncertainty in the rental housing market, especially with lower income tenants who have suffered with reduced pay or lost jobs. While the federal government mandated moratoriums on evictions were recently extended for 60 days, agencies are trying to prepare for an expected surge in housing needs for low income tenants. According to HUD guidelines, the County's Housing and Rental Assistance Department meets the definition of a Public Housing Agency (PHA) which makes the County eligible for federal housing funds. The Treasure Coast Homeless Services Council, Inc., (Treasure Coast) has been a long- time advocate and source of support for the homeless in our community. By partnering with the County's Rental Assistance Program, it is hoped that the broad spectrum of individuals eligible for ARP can be helped with Emergency Housing Vouchers. In order to receive the 34 EHVs, the County must adopt, by resolution, the Temporary Policy Supplement for Emergency Housing Vouchers. The Temporary Policy Supplement, which is available for review both on line at the County's website: www.ircgov.com and in the County Commission Office, consists of six sections: • Funding . Housing Search'and Leasing • Partnering Agencies . Use of Funds, Reporting, and Financial • Waiting List Management Records • Family Eligibility 685 The Policy Supplement will be the guidebook used by County's Rental Assistance Program and Treasure Coast Homeless Services Council in implementing the Emergency Housing Voucher Program. The attached Resolution is required by HUD in order for the County and Treasure Coast to participate in the new EHV program. The Resolution adopts the Temporary Policy Supplement for Emergency Housing Vouchers. Funding: There is.no funding associated with this matter. Recommendation: Staff recommends the Board approve the Resolution adopting the Temporary Policy Supplement for Emergency Housing Vouchers and authorize the Chairman to execute the Resolution on behalf of the Board. Attachments: Resolution Copies to: Phil Matson, Community Development Director Robin Miller, Housing Program Manager 686 RESOLUTION 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A TEMPORARY POLICY SUPPLEMENT FOR THE EMERGENCY HOUSING VOUCHER PROGRAM WHEREAS, the Indian River County Rental Assistance Program (Rental Assistance) administers the County's Housing Choice Voucher (HCV) and. Veterans Affairs Supportive Housing (VASH) programs offered by the US Department of Housing and Urban Development (HUD); and WHEREAS, on July 13, 2021, the Board of County Commissioners approved a Memorandum of Understanding between the County's Rental Assistance Program and the Treasure Coast Homeless Services Council, Inc. for participation in the American Rescue Plan Act of 2021 (ARP) for new Emergency Housing Vouchers (EHV). WHEREAS, HUD, through the American Rescue Plan Act of 2021, has issued Rental Assistance thirty-four (34) Emergency Housing Vouchers; and WHEREAS, the Rental Assistance HCV-VASH Voucher program has accepted these additional vouchers for the needs of the (1) homeless, (2) at risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking; or (4) recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability; and WHEREAS, the Rental Assistance Department HCV-VASH Voucher program is committed to serving the residents of Indian River County and will administer these temporary EHV vouchers for the intended purpose and will comply with the Temporary Policy Supplement; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Temporary Policy Supplement for EHVs will take effect. as of July 1, 2021; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 1. The Indian River County Board of County Commissioners approves the Emergency Housing Voucher Temporary Policy Supplement effective as of July 1, 2021. 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 Fletcher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 687 RESOLUTION 2021 - The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of August, 2021. Attest: Jeffrey R. Smith; Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: a=. K - William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph Flescher, Chairman MIR • • Temporary Policy Supplement EMERGENCY HOUSING VOUCHERS (EHVs) INTRODUCTION 8 -Al 811.zf On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19. On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD's process for allocating approximately 70,000 EHVs to eligible HCV Agencies and set forth the operating requirements for HCV Agencies who administer them. Based on criteria outlined in the notice, HUD notified eligible HCV Agencies of the number of EHVs allocated to their agency, and HCV Agencies were able to accept or decline the invitation to participate in the program. HCV Agencies may not project -base EHVs; EHVs are exclusively tenant -based assistance. All applicable nondiscrimination and equal opportunity requirements apply to the EHV program, including requirements that the HCV Program grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful access for persons with limited English proficiency (LEP). This chapter describes HUD regulations and HCV Program policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows: Part I: Funding Part 1L• Partnering Agencies Part III: Waiting List Management Part IV: Family Eligibilily Part V: Housing Search and Leasing Part VI: Use of Funds, Reporting, and Financial Records Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to EHVs. © Copyright 2021 Nan McKay & Associates, Inc. page TSP -I Adminplan 5/1/21 Unlimited copies may be made for internal use. �01 • PART I: FUNDING TPS-I.A. FUNDING OVERVIEW The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2021-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other HCV Agency programs or vouchers. The HCV Agency must maintain separate financial records from its regular HCV funding for all EHV funding. Housing Assistance Payments (HAP) Funding ARP funding obligated to the HCV Agency as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the Agency for the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will be based on the actual EHV HAP costs in leasing, similar to the renewal process for the regular HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding. Administrative Fee and Funding The following four types of fees and funding are allocated as part of the EHV program: • Preliminary fees support immediate start-up costs that will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies: - $400 per EHV allocated to the HCV Agency, once the consolidated annual contributions contract (CACC) is amended. - This fee may be used for any eligible administrative expenses related to EHVs. The fee may also be used to pay for any eligible activities under EHV service fees (TPS- I:B). • Placement fees/expedited issuance reporting fees will support initial lease -up costs and the added cost and effort required to expedite leasing of EHVs: - $100 for each EHV initially leased, if the HCV Agency reports the voucher issuance date in Public Housing Information Center—Next Generation (PIC—NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees: o $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. 0 Copyright 2021 Nan McKay & Associates, Inc. Page TSP -2 Adminplan 5/1/21 Unlimited copies may be made for internal use. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates. - Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers. • Ongoing administrative fees, which are calculated in the same way as the standard HCV program: - HCV Agency are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding. • Services fees, which are a one-time fee to support HCV Agencies efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B): The fee is allocated once the HCV Agencies CACC is amended to reflect EHV funding. - The amount allocated is $3,500 for each EHV allocated. TPS-I.B. SERVICE FEES Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories: .• Housing search assistance • Security deposit/utility deposit/rental application/holding fee uses • Owner -related uses • Other eligible uses such as moving expenses or tenant -readiness services The HCV Agency must establish the eligible uses and the parameters and requirements for service fees in the HCV administrative plan. Policy The eligible uses for service fees: Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household's disability -related needs, providing transportation and directions, assisting with the completion of rental applications and HCV program forms, and helping to expedite the EHV leasing process for the family. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. The HCV Agency may choose to assist the family with some or all these expenses. Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed. The HCV Agency may cover part or all of the holding fee for units where the fee is required by the owner after a tenant's application has been accepted but before the lease signing. The HCV Agency and owner © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -3 Adminplan 5/1/21 Unlimited copies may be made for internal use. �g��3 • must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months' rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The Rental Assistance EHV Program may pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, Rental Assistance staff will require documentation that the family paid the security deposit. Utility deposit assistance/utility arrears. Rental Assistance EHV program may provide utility deposit assistance for some or all of the family's utility deposit expenses.. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. They may pay the utility deposit assistance directly to the utility company or may pay the assistance to the family. If paid to the family, they will require documentation the family paid the utility deposit. They will require the utility supplier or family to return the utility deposit assistance to the Rental Assistance program at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant -supplied utilities. They may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to them will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD. Owner recruitment and outreach for EHVs. The Rental Assistance office may use the service. fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre -inspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments. Rental Assistance will not make incentive or retention payments to owners. Owner incentive and/or retention payments. The Rental Assistance office may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family. Rental Assistance will not make incentive or retention payments to owners. Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable. Moving expenses (including move -in fees and deposits). Rental Assistance may provide assistance for some or all of the family's reasonable moving expenses when they initially lease a unit with the EHV. Will .not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., Rental Assistance is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -4 Adminplan 5/1/21 Unlimited copies may be made for internal use. owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking. Tenant -readiness services. Rental Assistance may use fees to help create a customized plan to address or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears. Essential household items. Rental Assistance may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, dressers, beds or bedding, and essential sanitary products such as soap and toiletries and/or any household items or toiletry items needed as necessary. Renter's insurance if required by the lease. Rental Assistance may choose to assist the family with some or all this cost. Any services fee assistance that is returned to the County after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice PIH 2021-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the County EHV program ends must be remitted to HUD. PART II: PARTNERING AGENCIES TPS-II.A. CONTINUUM OF CARE (CoC) Agencies that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. Policy Indian River.County Board of Commissioners Rental Assistance has entered into an MOU with Treasure Coast Homeless Services Council (CoC). TPS-II.B. OTHER PARTNERING ORGANIZATIONS The agency may, but is not required to, partner with other organizations trusted by persons experiencing homelessness, such as victim services providers (VSPs) and other community partners. If they choose to partner with such agencies, they must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the County and CoC. Policy All referrals will go through the CoC-Treasure Coast Homeless Services Council TPS-II.C. REFERRALS CoC and Partnering Agency Referrals © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -5 Adminplan 5/1/21 Unlimited copies may be made for internal use. M, The primary responsibility of the CoC under the MOU with an Agency is to make direct referrals of qualifying individuals and families to the Agency. The Agency must generally refer a family that is seeking EHV assistance directly from them to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. The CoC or other direct referral partner must provide supporting documentation to the Agency of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. Policy The CoC or partnering agency must establish and implement a system to identify EHV- eligible individuals and families within the agency's caseload and make referrals to the Rental Assistance office. The CoC or other partnering agency must certify that the EHV applicants they refer to them meet at least one of the four EHV eligibility criteria. The Rental Assistance office will maintain a copy of the referral or certification from the CoC or other partnering agency in the participant's file along with other eligibility paperwork, if applicable; Homeless service providers may, but are not required to, use the certification form found in Exhibit TPS -2 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit TPS -3 of this chapter when identifying eligible families who qualify as victims of human trafficking. As part of the MOU, the County and CoC or other partnering agency will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for • transmission and acceptance of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner. The Rental Assistance office liaison responsible for acceptance of referrals will contact the CoC or partnering agency liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than five business days from the date the CoC or partnering agency receives this notification, the CoC or partnering agency liaison will provide them with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible. Offers of Assistance with CoC Referral The Agency may make an EHV available without a referral from the CoC or other partnering organization in order to facilitate an emergency transfer under VAWA in accordance with the HCV Emergency Transfer Plan (ETP) in Chapter 16. The Agency must also take direct referrals from outside the CoC if: • The CoC does not have a sufficient number of eligible families to refer to them; or The CoC does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -6 Adminplan 5/1/21 Unlimited copies may be made for internal use. If at any time an Agency is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or the Agency and CoC cannot identify any such alternative referral partner agencies), HUD may permit the Agency on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. PART III: WAITING LIST MANAGEMENT TPS -III. A. HCV WAITING LIST The regulation that requires an Agency to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to operating the EHV program. Direct referrals are not added to the HCV waiting list. The Agency must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2021-15. Policy Rental Assistance office will post information about the EHV program for families on the HCV waiting list on their website. The notice will: Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process Advise the family to contact the CoC (or any other referral partner, if applicable) if the family believes they may be eligible for EHV assistance Staff will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication -related disabilities in accordance with Chapter 2. Staff will also take reasonable steps to ensure meaningful access, for persons with limited English proficiency (LEP) in accordance with Chapter 2. TPS-III.B. EHV WAITING LIST The HCV regulations requires an HCV Agency to operate a single waiting list for admission to the HCV program do not apply to operating the EHV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the HCV Agency must maintain a separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to September 30, 2023. Further, the EHV waiting list is not subject to HCV policies in Chapter 4 regarding opening and closing the HCV waiting list. The HCV Agency will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. TPS-III.C. PREFERENCES HCV Waiting List Preferences If local preferences are established by the HCV Agency for HCV, they do not apply to EHVs. However, if the HCV Agency has a homeless preference or a VAWA preference for the HCV © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -7 Adminplan 5/1/21 Unlimited copies may be made for internal use. v6--1 • waiting list, they must adopt additional policies related to EHVs in accordance with Notice PIH 2021-15. Policy Rental Assistance office does not offer VAWA preference for the HCV waiting list. EHV Waiting List Preferences With the exception of a residency preference, the HCV Agency may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The HCV Agency may, however, choose to not establish any local preferences for the EHV waiting list. Policy No local preferences have been established for the EHV waiting list. PART IV: FAMILY ELIGIBLTY TPS-IV.A. OVERVIEW The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2021-15 and then refers the family to the HCV Agency. The Agency determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below. TPS-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY • In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria: • Homeless as defined in 24 CFR 578.3; • At risk of homelessness as defined in 24 CFR 578.3; • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or • Recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 2021-15. As applicable, the CoC or referring agency must provide documentation to the HCV Agency of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. They must retain this documentation as part of the family's file. TPS-IV.C. HCV AGENCY SCREENING Overview HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, HCV policies regarding denials in Chapter 3 of this policy do not apply to screening © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -8 Adminplan 5/1/21 Unlimited copies may be made for internal use. individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants. The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court -awarded custody of a child, the HCV Agency must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so. Mandatory Denials Under alternative requirements for the EHV program, mandatory denials for EHV applicants include: • 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. • 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. The HCV Agency must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first. Policy Rental Assistance office will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, staff will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family. Permissive Denial Notice PIH 2021-15 lists permissive prohibitions for which the HCV Agency may, but is not required to, deny admission to EHV families. The notice also lists prohibitions that, while allowable. under the HCV program, may not be used to deny assistance for EHV families. If the HCV Agency intends to establish permissive prohibition policies for EHV applicants, they must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC's recommendations into consideration. Policy In consultation with the COC, the Rental Assistance office will apply permissive prohibition to the screening of EHV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Section 3-III.E. Rental Assistance will establish the following permissive prohibitions: If they determine that any household member is currently engaged in, or has engaged in within the previous 12 months: © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -9 Adminplan 5/1/21 Unlimited copies may be made for internal use. • Violent criminal activity Other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program within the previous 12 months. If the family engaged in or threatened abusive or violent behavior toward County personnel within the previous 12 months. The Rental Assistance office will also deny assistance to household members already receiving assistance from another program in accordance with Section 9.h. of Notice PIH 2021-15. Prohibitions based on criminal activity for the eligible EHV populations regarding drug possession will be considered apart from criminal activity against persons (i.e., violent criminal activity). In compliance with PIH 2021-15, Rental Assistance HCV program will not deny an EHV applicant admission regardless of whether: Any member of the family has been evicted from federally assisted housing in the last five years; An HCV Agency has ever terminated assistance under the program for any member of the family; The family currently owes rent or other amounts to Indian River County or to another HCV Agency in connection with Section 8 or public housing assistance under the 1937 Act; The family has not reimbursed any Agency for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease; The family breached an agreement with the HCV Agency to pay amounts owed to a Agency, or amounts paid to an owner by an HCV Agency; The family would otherwise be prohibited admission under alcohol abuse standards established by the HCV Agency in accordance with 24 CFR 982.553(a)(3); The Rental Assistance office determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug- related criminal activity. TPS-IV.D. INCOME VERIFICATION AT ADMISSION Self -Certification at Admission © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -10 Unlimited copies may be made for internal use. Adminplan 5/1/21 The requirement to obtain third -party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admission, and alternatively, HCV Agencies may consider self -certification the highest form of income verification at admission. As such, HCV Admin policies related to the verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination. Additionally, applicants may provide third -party documentation that represents the applicant's income within the 60 -day period prior to admission or voucher issuance but is not dated within 60 days of the request. Policy Any documents used for verification must be the original (not photocopies), if applicable, and dated within the 60 -day period prior to admission. The documents must not be damaged, altered, or in any way illegible. Printouts from webpages are considered original documents. Any family self -certifications must be made. in a format acceptable to the staff and must be signed by the family member whose information or status is being verified. Rental Assistance office will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14. The office will address any material discrepancies (i.e., unreported income or a substantial . difference in reported income) that may arise later. They may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, they will terminate the family's assistance in accordance with the policies in Chapter 12. Recently Conducted Income Determinations Agencies may accept income calculations and verifications from third -party providers or from an examination that the agency conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as: • The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and • The family certifies there has been no change in income or family composition in the interim. Pcv Will accept income calculations and verifications from third -party providers provided they meet the criteria outlined above. The family certification must be made in a format acceptable to the staff and must be signed by all adult family members whose information or status is being verified. At the time of the family's annual reexamination the HCV Agency must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and HCV admin policies in Chapter 11. EIV Income Validation © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -I I Adminplan 5/1/21 Unlimited copies may be made for internal use. Once HUD makes the EIV data available to Agencies under this waiver and alternative requirement, they must: • Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family -reported income within 90 days of the PIC submission date; • Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and • Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, Agencies must continue to use HUD's EIV system to search for all household members using the Existing Tenant Search in accordance with HCV admin policies in Chapter 3. If an Agency later determines that an ineligible family received assistance, they must take steps to terminate that family from the program in accordance with Chapter 12. TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION For the EHV program, the HCV program is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program. Instead, the agency may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the HCV Agency provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If it is determined that an ineligible family received assistance, they must take steps to terminate that family from the program. Policy The Rental Assistance office will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. Staff may provide an additional 60 -day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If it is determined that an ineligible family received assistance, the staff will take steps to terminate that family from the program in accordance with policies in Chapter 12. TPS-IV.F. AGE AND DISABILITY VERIFICATION HCV Agencies may accept self -certification of date of birth and disability status if a higher level of verification is not immediately available. If self -certification is used, the agency must obtain a higher level of verification within 90 days of admission or verify the information in EIV. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -12 Adminplan 5/1/21 Unlimited copies may be made for internal use. If it.is determined that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. Policy Rental Assistance office will accept self -certification of date of birth and disability status even if a higher form of verification is not immediately available, only if applicable. The certification must be made in a format acceptable to the staff and must be signed by the family member whose information or status is being verified. If self -certification is accepted, within 90 days of admission, the staff will verify the information in EIV or through other third -party verification if the information is not available in EIV. They will note the family's file that self -certification was used as initial verification and include an EIV printout or other third -party verification confirming the applicant's date of birth and/or disability status. ONLY IF APPLICABLE. If the staff determines that an ineligible family received assistance, they will take steps to terminate that family from the program in accordance with policies in Chapter 12. TPS-IV.G. INCOME TARGETING The HCV Agency must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and HCV admin policy in Chapter 3; however, income targeting requirements do not apply for EHV families. The HCV Agency may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which • these families are admitted. Policy Rental Assistance office will not include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. PART V: HOUSING SEARCH AND LEASING TPS-V.A. INITIAL VOUCHER TERM Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. HCV admin policies on extensions as outlined in Section 5-II.E. will apply. Policv All EHVs will have an initial term of 120 calendar days. The family must submit a Request for Tenancy Approval and proposed lease. within the 120 -day period unless the staff grants an extension. TPS-V.B. HOUSING SEARCH ASSISTANCE © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -13 Adminplan 5/1/21 Unlimited copies may be made for internal use. • The HCV Agency must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the HCV Agency or through the CoC or another partnering agency or entity. At a minimum, housing search assistance must: • Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods; • Provide transportation assistance and directions to potential units; • Conduct owner outreach; • Assist with the completion of rental applications and HCV agency forms; and • Help expedite the EHV leasing process for the family Policy As identified in the MOU between Indian River County Board of Commissioners Rental Assistance office and CoC, the following housing search assistance will be provided to each EHV family: The Rental Assistance will: Conduct owner outreach in accordance with policies in Chapter 13 • Provide directions to potential units as part of the EHV briefing packet Expedite the EHV leasing process for the family to the extent practicable and in accordance with policies in this chapter At least every 30 days, conduct proactive check -ins via email and telephone with families who are searching with an EHV and remind them of their voucher expiration date Assign a dedicated landlord liaison for EHV voucher families The CoC will: Help families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods Provide transportation assistance to potential units, if applicable Assist the family with the completion of rental applications and HCV Agency forms TPS-V.C. HQS PRE -INSPECTIONS To expedite the leasing process, HCV Agencies may pre -inspect available units that EHV families may be interested in leasing in order to maintain a pool of eligible units. Policy i © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -14 Adminplan 5/1/21 Unlimited copies may be made for internal use. • To expedite the leasing process, the staff may pre -inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS pre -inspection (without intervening occupancy) . within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The family will be free to select his or her unit. When a pre -inspected unit is not selected, the staff will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required reinspections. TPS-V.D. INITIAL LEASE TERM Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the HCV admin policy in Section 9-I.E., Term of Assisted Tenancy. TPS-V.E. PORTABILITY The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial HCV Agency when they applied, regardless of the HCV admin policy in Section 10-II.13. Billing and Absorption A receiving HCV Agency cannot refuse to assist an incoming EHV family, regardless of whether the HCV Agency administers EHVs under its own ACC. • If the EHV family moves under portability to another HCV Agency that administers EHVs under its own ACC: - The receiving HCV Agency may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do so). - If the HCV Agency does not have an EHV available to absorb the family, it must bill the initial HCV Agency. The receiving Agency must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit. Regardless of whether the receiving HCV Agency absorbs or bills the initial Agency for the family's EHV assistance, the EHV administration of the voucher is in accordance with the receiving HCV Agency EHV policies. • If the EHV family moves under portability to another HCV Agency that does not administer EHV under its own ACC, the receiving HCV Agency may absorb the family into its regular HCV program or may bill the initial HCV Agency. • © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -15 Adminplan 5/1/21 Unlimited copies may be made for internal use. 6 0g. 6 • Family Briefing In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family's assistance, the initial HCV Agency must inform the family how portability may impact the special EHV services and assistance that may be available to the family. The initial HCV Agency is required to help facilitate the family's portability move to the receiving HCV Agency and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). Policy In addition to following HCV Admin policy on briefings in Chapter 5, as part of the briefing packet for EHV families, Rental Assistance will include a written notice that they will assist the family with moves under portability. For limited English proficient (LEP) applicants, the staff will provide interpretation services in accordance with the HCV Admin LEP plan (See Chapter 2). Coordination of Services If the portability move is in connection with the EHV family's initial lease -up, the receiving HCV Agency and the initial HCV Agency must consultand coordinate on the EHV services and assistance that will be made available to the family. Policy • For EHV families who are exercising portability, when the Rental Assistance staff contacts the receiving HCV Agency in accordance with Section 10-II.13. Preapproval Contact with Receiving Agency, the staff will consult and coordinate with the receiving HCV Agency to ensure there is no duplication of EHV services and assistance, and ensure the receiving HCV Agency is aware of the maximum amount of services fee funding that the initial HCV Agency may provide to the receiving HCV Agency on behalf of the family. Services Fee Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families. For service fees funding, the amount of the service fee provided by the initial HCV Agency may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving HCV Agency or $1,750, unless the initial HCV Agency and receiving HCV Agency mutually agree to change the $1,750 cap. Service fees are paid as follows: • If the receiving HCV .Agency, in consultation and coordination with the initial HCV Agency, will provide eligible services or assistance to the incoming EHV family, the receiving HCV Agency may be compensated for those costs by the initial HCV Agency, regardless of whether the receiving HCV Agency bills or absorbs. • If the receiving HCV Agency administers EHVs, the receiving HCV Agency may use its own services fee and may be reimbursed by the initial HCV Agency, or the initial HCV • © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -16 Adminplan 5/1/21 Unlimited copies may be made for internal use. i� Agency may provide the services funding upfront to the receiving HCV Agency for those fees and assistance. • If the receiving HCV Agency does not administer EHVs, the initial HCV Agency must provide the services funding upfront to the receiving HCV Agency. Any amounts provided to the receiving HCV Agency that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving HCV Agency to the initial HCV Agency. Placement Fee/Issuance Reporting Fee If the portability lease -up qualifies for the placement fee/issuance reporting fee, the receiving HCV Agency receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving HCV Agency is eligible for the placement fee regardless of whether the receiving HCV Agency bills the initial HCV Agency or absorbs the family into its own program at initial lease -up. The initial HCV Agency qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable. TPS-V.F. PAYMENT STANDARDS Payment Standard Schedule For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the HCV Agency may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the HCV Agency is increasing the regular HCV payment standard, the HCV Agency must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EHV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below. Further, if the HCV Agency chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers: • Defining the "basic range" for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent). • Allowing an HCV Agency that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The HCV Agency may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. The HCV Agency must notify HUD if it establishes an EHV exception payment standard, based on the SAFMR. Policy TheRental Assistance staff will not establish a higher payment standard amount for EHVs. The staff will use the same payment standards for HCV and EHV. Rent Reasonableness All rent reasonableness requirements apply to EHV units, regardless of whether the HCV Agency has established an alternative or exception EHV payment standard. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -1 % Adminplan 5/1/21 Unlimited copies may be made for internal use. • Increases in Payment Standards The requirement that the HCV Program apply increased payment standards at the family's first regular recertification on or after the effective date of the increase does not apply to EHV. The HCV Agency may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family's first regular reexamination following the change. Policy Rental Assistance HCV program will not establish an alternative policy for increases in the payment standard. HCV Admin policy in Section 11-III.B. governing increases in payment standards will apply to EHV. TPS-V.G. TERMINATION OF VOUCHERS After September 30, 2023, an HCV Agency may not reissue EHVs when assistance for an EHV- assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the HCV Agenyc may not reissue that EHV to another family unless it.does so no later than September 30, 2023. If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct HCV Agencies administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families. PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. The appropriated funds for EHVs are separate from the regular HCV program and may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD), or other monitoring review findings. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -18 Adminplan 5/1/21 Unlimited copies may be made for internal use. w -n • • f The HCV Agency must comply with EHV reporting requirements in the Voucher Management f System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15. The HCV Agency must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158. i i i i © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -'19 Unlimited copies may be made for internal use. i ! i Adminplan 5/1/21 i S. • Exhibit TPS -1: MEMORANDUM OF UNDERSTANDING (MOU) Attachment 2 of Notice PIH 2021-I5 - Sample MOU Template Memorandum of Understanding [** This sample document demonstrates the Memorandum of Understanding requirements for the administration Emergency Housing Voucher. Unless otherwise noted, all elements are required. **] This Memorandum of Understanding (MOU) has been created and entered into on [** Insert execution date. **]. [PHA Name and Address] [CoC Name and Address] I. Introduction and Goals (the following elements, listed in a. — c., are required elements of the MOU): a. PHA and CoC's commitment to administering the EHVs in accordance with all program requirements. b. PHA goals and standards of success in administering the program. c. Identification of staff position at the PHA and CoC who will serve as the lead EHV liaisons. Lead HCV Liaison: [Name and title of PHA staff position] Responsibilities of the PHA EHV liaison [**Optional**]. [Name and title of CoC staff position] Responsibilities of the CoC EHV liaison [**Optional**]. II. Define the populations eligible for EHV assistance to be referred by CoC. III. Services to be provided to eligible EHV families 1. List the services to be provided to assist individuals and families have success in the program and who will provide them. [**The following services are listed for example purposes. **] 1. Partnering service providers will support individuals and families in completing applications and obtaining necessary supporting documentation to support referrals and i applications for assistance; while aiding households in addressing barriers. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -20 Adminplan 5/1/21 Unlimited copies may be made for internal use. 2. Partnering service providers will support PHAs in ensuring appointment notifications to eligible individuals and families and will assist eligible households in getting to meetings with the PHA. 3. PHAs will establish windows of time for EHV applicants to complete intake interviews for EHV. 4. Partnering service providers will provide housing search assistance for eligible individuals and families. 5. Partnering service providers will provide counseling on compliance with rental lease requirements. 6. Partnering service providers will assess individuals and families who may require referrals for assistance on security deposits, utility hook-up fees, and utility deposits. 7. Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable. IV. PHA Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Coordinate and consult with the CoC in developing the services and assistance to be offered under the EHV services fee. 2. Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry System. 3. Commit a sufficient number of staff and necessary -resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner. 4. Commit a sufficient number of staff and resources to ensure that inspections of units are completed in a timely manner. 5. Designate a staff to serve as the lead EHV liaison. 6. Comply with the provisions of this MOU. V. CoC Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Designate and maintain a lead EHV liaison to communicate with the PHA. 2. Refer eligible individuals and families to PHA using the community's coordinated entry system. 3. Support eligible individuals and households in completing and applying for supportive documentation to accompany admissions application to the PHA (i.e. self -certifications, birth certificate, social security card, etc.). 4. Attend EHV participant briefings when needed. 5. Assess all households referred for EHV for mainstream benefits and supportive services • available to support eligible individuals and families through their transition. © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -21 Adminplan 5/1/21 Unlimited copies may be made for internal use. �65-�O • 6. Identify and provide supportive services to EHV families. (While EHV participants are not required to participate in services, the CoC should assure that services are available and accessible.) 7. Comply with the provisions of this MOU. VI. Third Party Entity Roles Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Describe how the State, local, philanthropic, faith -based organizations, Victim Service Providers or CoC recipients it designates will fulfill each of the following responsibilities: a. Outline resource and/or service being provided in support of the community's EHV Program. Commit a sufficient number of staff and necessary resources to ensure that the application, certification and voucher issuance processes are completed in a timely manner. b. Comply with the provisions of this MOU. VII. Program Evaluation The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested data to HUD or HUD -approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD -approved contractor, including possible random assignment procedures. [Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization (if applicable), and third -party entities (if applicable.] Signed by Executive Director, PHA Date CoC Executive Director Date © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -22 Adminplan 5/1/21 Unlimited copies may be made for internal use. Exhibit TPS -2: HOMELESS PROVIDER'S CERTIFICATION Attachment 3 of Notice PIH 2021-1 S Example of a Homeless Provider's Certification Emergency Housing Voucher (EHV) HOMELESS CERTIFICATION EHV Applicant Name: Household without dependent children (complete one form for each adult in the household) i Household with dependent children (complete one form for household) Number of persons in the household: This is to certify that the above named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situation - Check only one box and complete only that section Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks) The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground. Description of current living situation: i Homeless Street Outreach Program Name: This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc. Authorized Agency Representative Signature: Date: © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -23 Unlimited copies may be made for internal use. Adminplan 5/1/21 • Living Situation: Emergency Shelter ❑ The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows: ' Emergency Shelter Program Name: i This emergency shelter must appear on the CoC's Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter). r Authorized Agency Representative Signature: Date Living Situation: Recently Homeless ❑ The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.) Authorized Agency Representative Signature: This referring agency must appear on the CoC's Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory. Immediately prior to entering the household's current living situation, the person(s) named above was/were residing in: i ❑ emergency shelter OR ❑ a place unfit for human habitation I Authorized Agency Representative Signature: Date: I © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -24 Adminplan 5/1/21 Unlimited copies may be made for internal use. I • Exhibit TPS -3: EXAMPLE OF A VICTIM SERVICES PROVIDER'S CERTIFICATION Attachment 4 of Notice PIH 2021-15: Example of a Victim Services Provider's Certification Emergency Housing Voucher (EHV) SAMPLE HUMAN TRAFFICKING CERTIFICATION Purpose of Form: The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally -funded social service programs available to assist victims in rebuilding their lives. Use of This Optional Form: In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance. Confidentiality: All information provided to the service provider concerning the incident(s) of human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR EHV Applicant Name: This is to certify that the above named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000. Immediately prior to entering the household's current living situation, the person(s) named above was/were residing in: This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual(s) named above is/has been a victim of human trafficking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Authorized Agency Representative Signature: Date: © Copyright 2021 Nan McKay & Associates, Inc. Page TSP -25 Unlimited copies may be made for internal use. Adminplan 5/1/21 ROJOR, Terri Collins -Lister om: Nadia Westerik <nwesterik@ircgov.com> ent: Wednesday, August 11, 2021 3:26 PM To: Terri Collins -Lister Cc: Bill Debraal; Dylan Reingold i Subject: [External] Granicus No. 21-0770 - Approval of Temporary Policy Supplement for Emergency Housing Vouchers and Supporting Resolution Attachments: Staff Report Memo to BCC approving EHV Voucher resolution 2021.pdf, Resolution for temp policy supplement for EHVs.pdf; Temporary Policy Supplement Emergency I Housing Voucher (002).pdf ; i Good Afternoon: Can you please have the attached available for public review? The item will be heard on the August 17, 2021 BCC meeting. Please let me know if you have any questions. I Respectfully, Nadia Westerik Legal Assistant Office of County Attorney iftdian River County 80127th Street Vero Beach, FL 32960 Phone: (772) 226-1580 Email: nwesterik@ircgov.com --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. I --Warning-- 0 1 W� o�� I Or HAUT_I s_._\ 1 3 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 10, 2021 SUBJECT: Ahtna Marine Bid Bond Settlement BACKGROUND. On July 26, 2020, Indian River County advertised both the Sector 3 and Sector 7 Beach and Dune Restoration Projects, soliciting bids to restore the dunes and beaches. Four responsive bids were received for Sector 3 project. County staff, with support from the County's engineering consultant, reviewed the bids. Ahtna Marine & Construction Company, LLC ("Ahtna Marine") was considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $17,138,681.81. On September 14, 2020, Ahtna Marine requested that their bid be withdrawn due to errors made during the preparation of the bid. The second lowest, responsive, responsible bidder was Great Lakes Dredge & Dock Company, LLC with a bid totaling $29,000,250.00. On September 22, 2020, the Indian River County Board of County Commissioners ("Board") voted to award the contract for Sector 3 to Ahtna Marine and if Ahtna Marine refused to honor the bid, County staff was authorized to pull the bid bond and proceed with re -bidding a smaller portion of Sector 3 for completion in 2020/2021. Indian River County filed a claim with the bonding company, Great American Insurance Group, denied the claim. See attached letter, dated April 29, 2021. Since then the County Attorney's Office, with input from the Public Works Director, negotiated a settlement with Ahtna Marine in which Ahtna Marine has agreed to pay Indian River County $100,000 in exchange for a release of any claims against Ahtna Marine and Great American Insurance Group. The County Attorney's Office recommends that the Board approve the settlement. There are risks in moving forward with litigation and by having Ahtna Marine make a sizable payment, it not only helps offset costs expended by the County, but also lets prospective bidders on any projects know there can be financial ramifications if they attempt to not honor their bids. FUNDING. Proceeds received from the settlement will be allocated to the Beach Restoration Fund. 689 Board of County Commissioners August 10, 2021 Page 2 RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the settlement and authorize the chair any documents necessary to effectuate the settlement, after review and approval by the County Attorney. ATTACHMENT. Letter from Holden Moore to Dylan Reingold, dated April 29, 2021 690 GREATAMERICAN. INSURANCE GROUP 301 East Fourth Street, 24th Floor, Cincinnati, OH 45202-4201 P.O. Box 2119, Cincinnati, OH 45201 GreatAnnerican Insurance.com Sent Via Email and US Mail April 29, 2021 Indian River County Board of Commissioners Mr. Dylan Reingold Indian River County Attorney 180127"' Street Vero Beach, FL 32960 Dreingoldgi, rc og v.com fax 888.290.3706 (U.S. Only) fax 513 369 5027 RE: Principal Ahtna Marine & Construction Company, LLC Obligee The Board of County Commissioners Indian River County, Florida Bond No. 3346057 File No. 932506663 Project Sector 3 Beach and Dune Restoration Project, IRC -1925 Claimant The Board of County Commissioners Indian River County, Florida Dear Mr. Reingold: Great American Insurance Company ("Great American") is in receipt of the bid bond claim filed by The Board of County Commissioners of Indian River County, Florida (the "Board") under the bond referenced above. This letter is to advise you.of my decision to deny the claim at this time for the reasons set forth herein. Great American issued Bid Bond No. 3346057 ("Bond") on behalf of our principal, Ahtna Marine & Construction Company, LLC for the Sector 3 Beach and Dune Restoration Project, IRC -1925 ("Project"). The guaranty secured by the Bond is as follows: "if the Owner 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 of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise 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) pay to the Owner the difference, not to exceed the amount, of this Bond, between the amount specified in said bid and such larger amount for which the owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect." The terms of the bond require Ahtna to either enter into the construction contract contemplated by the bid, or in the alternative, pay to the Owner (the Board) the difference between the bid and the amount the Board may in good faith contract with another party to perform the work covered by said bid. So long as Ahtna, the primary obligor under the Bond, is in compliance with the same, then Great American's obligation, as the secondary obligor, is void. 691 Great American Insurance Company 9 American Empire Group 9 Mid -Continent Group 9 Republic Indemnity Group The Board of County Commissioners Indian River County, Florida April 29, 2021 Page 2 The Board demanded payment from Great American in the amount of $856,934.09 under subparagraph (2) of the bond because Ahtna submitted a bid on the project for $17,138,681.81 but did not enter into the contract in accordance with the bid as set forth under subparagraph (1) of the bond. Ahtna's obligation under the bond, if any, is to "pay to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the owner may in good faith contract with another party to perform the work covered by said bid..." The amount specified in Ahtna's bid is $17,138,681.81. The Board did not contract with another party to perform the work covered by Ahtna's bid. The Board rejected all other .bids for the Project. According to the County Memo dated September 16, 2020 ("Charest Memo")', the Board did not have sufficient resources to fund the Project beyond Ahtna's bid price. Accordingly, it could not have "in good faith" entered into a contract with one of the other bidders, because it was financially unable to do so. Therefore, the difference between the amount specified in Ahtna's bid and the amount for which the Board may have contracted with another party to perform the work is $0. Since the damage calculation for Ahtna as the primary obligor, is $0, then Great American, as the secondary obligor is also not liable for any damages. As a result, the claim is denied at this time. The Board's position, as set forth in Mr. Reingold's email to Great American dated February 1, 2021, is that it suffered damages as a result of Ahtna's failure to enter into the construction contract, and the calculation of those damages should be measured by the difference between Ahtna's bid and the combined value of the contract between the Board and Guettler Brothers Construction, LLC ("Guettler"), which covers a portion of the work in Ahtna's bid, and a future contract, to be bid and performed at a later date, which will encompass the remaining portion of the Project not performed by Guettler. Assuming the bid bond was intended to cover a re -bid for similar, but different projects, an assumption which I dispute, the Board still has suffered no damages pursuant to subparagraph (2) of the bond at this time. The new contract with Guettler is in the amount of $11,987,010.00 which is less than Ahtna's original bid. Ahma's liability, if any, is based upon the difference between its original bid, and a substitute contract amount for the work covered by their bid. The difference is $0 because the Guettler contract is not greater than Ahtna's bid. Additionally, the work in the Guettler contract is not the same work covered by Ahtna's bid. The re -bid consists of only a portion, approximately one half the size and scope, of the original Project that Ahtna and others based their bids upon. Further, the bids, project specifications, and ultimately the work for Sector 3 Phase 1 were based on a new set of plans issued pursuant to a survey conducted in July 20202. This new set of plans changed the requirements of the project from the plans issued for the original Project which were based on a survey from July 2018. To date the Board has not solicited bids nor completed Sector 3 Phase 2 and therefore a complete comparison of the projects cannot be conducted at this time. Accordingly, the damage calculation for Ahtna as the primary obligor remains at $0, and therefore Great American, as secondary obligor is also not liable for any damages. As a result, the claim is denied at this time. Assuming, for purposes of analysis, the Board's contentions are true, that the Bond is intended to cover a re -bid of two smaller, different projects, assumptions which I dispute, Ahtna argues the Board is not entitled to any damages because its performance of the contract was excused for a number of reasons, including mistake, bad faith on the part of the Board, and impossibility of performance. 1 Indian River County Memorandum from Eric Charest, Natural Resources Manager to Jason Brown, County Administrator. z Sector 3 Phase 1 Bid Addendum 2 Issued November 5, 2020 692 The Board of County Commissioners Indian River County, Florida April 29, 2021 Page 3 Ahtna contends its estimator made a mistake calculating the sand required to fulfil the contract specifications and due to that mistake, it should be entitled to withdraw its bid, even if that withdrawal occurred outside of the 24-hour time period allotted in the invitation for bids. As noted in Ahtna's correspondence from Mr. Cook dated September 25, 2020 Florida Courts use a four-part analysis to determine. whether a public contract bid may be withdrawn for equitable reasons. These factors are highlighted in Dept. of Transp. v. Ronlee, Inc. 518 So. 2d 1326 (Fla. 3`d DCA) and State Bd. of Control v. Clutter Constr. Corp. 139 So. 2d 153(Fla. I" DCA): (1) The bidder acted in good faith in submitting the bid; (2) In preparing the bid there was an error of such magnitude that enforcement of the bid would work severe hardship upon the bidder; (3), The error was not a result of gross negligence or willful inattention; (4) The error was discovered and communicated to the public body along with a request for permission to withdraw the bid before acceptance. Ahtna's position is that it meets the criteria set forth in Ronlee and should have been permitted to withdraw its bid based on the equitable ground of mistake. Ahtna's maintains it acted in good faith in submitting its bid, the bid miscalculation resulted in an error of $13,036,598.123 which would impose a severe hardship upon it if the bid were enforced, that the error was a mathematical mistake and not gross negligence, and that it withdrew its bid prior to acceptance and award of the contract by the Board. .The correspondence provided by the Board in support of the bond claim does not specifically address its position with respect Ahtna's ability to withdraw the bid based on a mistake. However, Ahtna presented its position on this specific issue, among others, to the Board through correspondence from Mr. Cook to the Board and Mr. Reingold dated September 21, 2020 and September 25, 2020, respectively. Despite this, the Board still awarded the contract to Ahtna and made a claim on the bid bond. Considering these actions, I must assume the Board disagrees with Ahtna's position and believes Ahtna was not entitled to withdraw its bid. Accordingly, it appears the Board and Ahtna disagree on whether the circumstances presented allow Ahtna to withdraw its bid based on a mistake. Each of the four factors cited in Ronlee are questions of fact and Ahtna has presented prima facia support that it can meet the standard. As a result of the foregoing discussion, issues of material fact exist concerning the claim by the Board on the Bond. Ahtna also argues its performance of the contract was excused because the Board acted in bad faith in awarding the contract. Ahtna maintains the Board had no intention of entering into the construction contract with Ahtna when the award was made, rather it made the award merely as a pretext to make a claim on the bond and as result of this breach of good faith and fair dealing, its performance of the contract is excused, and no damages should be assessed. In support of this position, Ahtna cites the fact that the Board did not award the contract until its counsel, Mr. Cook, notified them that it was a prerequisite to making a claim on the bid bond, that the Board knew or should have known Ahtna's bid contained a mistake, and that the Board knew Ahtna was not capable of performing the contract when it made the award. Article 19 of Bid Specifications permits the owner to reject any or all bids for a variety of reasons. Florida Courts have recognized "a public body has wide discretion in soliciting and accepting bids for public works contracts and its decision, when based upon an honest exercise of such discretion, will not be set aside by a court..." Culpepper v. Moore, 40 So. 2d 366 (Fla. 1949) and "Public officers have a discretion in the awarding of contracts, yet that discretion may not be exercised arbitrarily or capriciously." Id. Based on the documentation provided in support of the claim, it is unclear whether the Board intended to award the contract to Ahtna until after Mr. Cook raised the issue in his September 21, 2020 s Charles Bowen of Ahtna email to Jennifer Hyde, Indian River County Purchasing Manager dated September 14, 2020. 693 The Board of County Commissioners Indian River County, Florida April 29, 2021 Page 4 correspondence in which he advised the Board any claim on the bond would be untimely because the contract had not been awarded. Up to that point, the correspondence among Indian River County staff, specifically the preparation and revisions to the Charest Memo appears to show the Board intended to make a claim on the bond without regard to any award of the contract. Also, the agenda for the September 22, 2020 board meeting does not contain any reference to an award of the contract to Ahtna or any approval for the same. The power point presentation by Mr. Szpyrka to the Board at the September 22, 2020 meeting contains several options for the Board to consider, but awarding the contract was not an option in the prepared presentation. At the meeting, however, Mr. Szpyrka advised the Board that staff would not pursue the options presented but instead would change their recommendation based on Mr. Cook's letter of September 21, 20204. Ahtna's position is further supported by an email from Mr. Reingold to Mr. Szpyrka dated September 21, 2020, in which, after reading Mr. Cooks September 21, 2020 letter advising a bond claim is pre -mature, he states "...If we want to pull the bond, we may wish to state that we request the Board award the contract to Ahtna and if they refuse, authorize the staff to pull bond. That would negate one of his [Mr. Cook's] arguments." The following day, the contract was awarded to Ahtna and the bond claim followed shortly thereafter. Ahtna further argues the Board knew Ahtna could not perform the contract, but despite this knowledge, made the award anyway. In support of this position Ahtna states the Board knew the bid contained a material mistake, that the Board knew it did not have the requisite experience for the project and that performance was an impossibility. In addition to Ahtna advising the Board via telephone and written correspondence that the bid contained a mistake, Ahtna also cites to the disparity among bids as a reason the Board knew or should have known the bid contained an error, prior to Ahtna's communication of the same to them. After Ahtna's bid of $17,138,681.81, the remaining bids were $29,000,250.00; $36,236,131.70; and $42,455,384.00. These bids range from 169% to 247% more than Ahtna's. It is reasonable to conclude the disparity among the bids would have alerted the Board that a problem may exist with Ahtna's bid. The Board did, in fact, direct their consulting engineer take a closer look at the bid as well as Ahtna's qualifications once the bid was received. The consultant, APTIM, issued a memo dated September 15, 2020 ("APTIM Report")' and advised the Board that Ahtna did not have prior experience with projects of the same nature or scope as the Project initially bid. The Indian River County purchasing department also contacted Ahtna' directly to get additional information on its prior experience and noted that Ahtna's bid package did not provide sufficient evidence of experience or qualifications to complete the project. Ahtna ultimately advised the Board that it was unable to provide a prior work history to meet the technical specifications requirement as requested by Ms. Hyde'. Despite this, the Board later awarded the contract to Ahtna. The APTIM Report also noted that several other similar projects in the region were currently bidding or in the beginning stages which made the sand from the approved inland sources scarce and increased prices. It is unclear from the APTIM report whether the permitted upland sources were capable of providing the amount of sand required by the Project. As a result of the foregoing, issues of material fact exist concerning the claim by the Board on the Bond. Finally, Ahtna also contends that compliance with the construction contract was an impossibility, and as a result it should have been relieved of any obligation to enter into the contract with the Board. "In Florida, the doctrine of impossibility of performance refers to those factual situations, too numerous to catalog, where the purposes, for which the contract was made, have, on one side, become impossible to ' Video of September 22, 2020 Board Meeting at 1:38:00 https:Hircgov.gran icus.com/player/clip/283?view_id=1&meta_id=125160&redi rect=true S APTIM Memo from Nicole S. Sharp, P.E. to Eric Charest, Natural Resources Administrator, Indian River County ' Jennifer Hyde, Indian River County Purchasing Manager email to Anthony Cavo of Ahtna dated September 10, 2020 'Anthony Cavo of Ahtna email to Jennifer Hyde dated September 13, 2020 694 The Board of County Commissioners Indian River County, Florida April 29, 2021 Page 5 perform." Crown Ice Machine Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA) Ahtna maintains that when it re -calculated its bid to correct the mistake that caused the bid error, its sand supplier advised them it was unable to supply the amount of sand needed for the project. This was communicated to the Board via Mr. Cook's September 25, 2020 correspondence. As noted above, the availability of sand was a concern of the Board's consulting engineer, APTIM. The APTIM Report notes that only one of the sand suppliers approved by the Board provided quotes to any of the bidders and this was likely due to the number of similar projects in the region which may cause a shortage of sand. As a result of the foregoing, issues ofmaterial fact exist concerning the claim by the Board on the Bond. When a genuine issue of material fact exists between a principal and claimant, Great American, as surety, cannot replace a trier of fact. As a result of the disputes of fact identified herein, the claim is denied at this time. Great American's position relative to this claim is based upon the information provided to date. To the extent you have information, documentation, or legal support which you believe may support a different conclusion, please feel free to provide such information to me for review. Should you have any questions concerning your claim please feel free to call me at (513) 579-6327. The denial of this claim, as well as any action taken in the past, or hereafter, is taken with a complete and full reservation of rights available to a surety under its bond, in equity and any applicable law, including the time limitation to bring an action on the bond, and/or suit against Great American. Further, nothing in this letter should be construed as an admission of liability on the part of Great American under the above- mentioned bond. Sincerely, Great American Insurance Company � Y X-'—' Holden F. Moore Cc: Ahtna Marine & Construction Company, LLC 695 Dylan Reingold, County Attorney William K. DeBraal; Deputy County Attorney Susan J. Prado, Assistant County Attorney Office of INDIAN MEMORANDUM W Consent 08/17/2021 ' RIVER COUNTY TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney THROUGH: Robin Miller, Housing Program Manager DATE: August 10, 2021 ATTORNEY SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program for Fiscal Year 2022 Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41% compared with a nationwide average of 27% of a .community's population. Because our County has a larger than. average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program , is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. 696 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program August 10, 2021 Page 12 The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed. to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with .Rental Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current fair market rents that were approved by HUD. For a reasonable accommodation Payment Standard for. each bedroom size, the annual rate can go up to 120%, per HUD guidelines. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2022 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2022 and authorize the Chairman to execute the resolution on behalf of the Board. Attachments: Resolution Copies to: Phil Matson, Community Development Director Robin Miller, Rental Housing Program Manager 697 RESOLUTION 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2022 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered an HCV Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all HCV Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department and for a reasonable accommodation Payment Standard for each bedroom size can go up to 120%, per HUD guidelines; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2021, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR, and WHEREAS, HUD regulations require annual adoption and approval of Payment Standard Amounts: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) and for all bedroom sizes up to 120% based on a reasonable accommodation of Fair Market Rent not to exceed 40% TTP for beginning Fiscal Year 2022 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $828' $1,034 $1,135 $1,33.3 $1,701 698 RESOLUTION 2021 - 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 Joe Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of August, 2021. Attest: Jeffrey R. Smith, Clerk of Court and. Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph Fletcher, Chairman 699 Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: Ofce of INDIAN MEMORANDUM Board of County Commissioners w o Consent 08/17/2021 RIVER COUNTY ATTORNEY THROUGH: Robin Miller, Housing Program Manager //�j�' FROM: William K. DeBraal, Deputy County Attorney V r DATE: August 10, 2021 SUBJECT; Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2022 Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single family homes apply to Rental Assistance for participation in the HCV program. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by participating in the Voucher Program. Each year, the Board must approve the rates for water,.sewer, gas, electric, and propane in our area. For this fiscal year, Rental Assistance retained The Nelrod Company to conduct a local rate study for these utilities., Staff reviewed and approved the Nelrod rate study report and has included the results on a spread sheet attached to the resolution. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2022, effective October 1, 2021, is attached for the Board's consideration. 700 Approval of Resolution for Utility Rates for Housing_ Choice Voucher Program August 10;, 2021 Page 12_ Funding: There is no funding associated with this resolution. Recommendation: Staff recommends the Board approve the utility rate resolution for Fiscal Year 2022 and authorize the Chairman to execute the resolution. on behalf of the Board. Attachments: Resolution Copies to:. Phil Matson, Community Development Director Robin Miller, Housing Program Manager 701 RESOLUTION- 2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE FOR FISCAL YEAR 2022 WHEREAS, the US Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, the Indian River County Rental Assistance Program retained The Nelrod Company to survey and study rates for all types of utilities: electric, gas, water, sewer, propane, etc. using methodology analyzing consumption and utility rates by each housing type and by each bedroom size which resulted in a written report; and WHEREAS, the Rental Assistance Program staff analyzed the written report and established its Utility Allowance Schedule with revisions effective October 1, 2021 and the schedule is in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2021 for fiscal year 2022 are attached as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program in compliance with HUD regulations and in line with current market conditions; and NOW, THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners accepts and approves the complete Utility Allowance Schedule attached hereto, effective October 1, 2021, and directs staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Program. 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. Fletcher Vice Chairman Peter D. O'Bryan Commissioner Joe Earman Commissioner Susan Adams Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of August, 2021. 702 RESOLUTION- 2021 INDIAN RIVER,COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS M Joseph Flescher, Chairman ATTEST: JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: 911�—kw William K. DeBraal Deputy County Attorney 2 703 P,. I T U.S. Department of Housing an r n eve pment OMB Approval Utility Allowance Schedule Office of Public and Indian Housing No. 25577-0169 See Public Reporting and Instructions on back. exp.7/31/2022 The following allowances are used to determine the total cost of tenant-fumished utilities and appliances. Date (mm/dd/yyyy): Locality. Indian River County Board of Commissioners, FL unit Type: Multi -Hifi y (Apartment/Row Houso5iimhous%Ser,rii-Detached/Du iex) Utility or Service: OBR 1 13t: 2'BR 3" 1 4M 1 5 BR Monthly Dollar Allowances Heafing a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $26.00 $29.00 $29.00 $32.00 $32.00 $32.00 c. Electric $4.00 $S.00 $5.00 $6.00 $6.00 $7.00 d. Electric Heat Pump $4.00 $4.00 $5.00 $5.00 $6.00 $7.00 e. Oil Gookiiig a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $6.001 $10.001 $13.001 $16.001 $22.00 $29.00 c. Electric $4.001 $4.001 $6.001 $8.001 $10.00 $11.00 O.tfter. EI ectric=&Cooling Other Electric (Lights & Appliances) 1 $13.001 $15.001 $21.00 $27.001 $34.001 $40.00 Air Conditioning 1 $11.001 $13.001 $18.001 $23.001 $28.001 $33.00 xr.:- Water'Heatirig a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $16.00 $16.00 $29.00 $35.00 $45.00 $51.00 c. Electric $8.00 $9.00 $11.00 $14.00 $16.00 $19.00 d. Oil Waier, Sewerjrash.Collection Water (avg) $18.00 $19.001 $22.001 $26.001 $32.00 $38.00 Sewer (avg) $28.00 $31.001 $35.00 $40.00 $45.00 $49.00 Trash Collection (avg) $13.00 $13.001 $13.001 $13.001 $13.00 $13.00 IT, enant=supplfed 'Appliances Range/ Microwave Tenant -supplied 1 $11.001 $11.001 $11.00 $11.00 $11.00 $11.00 Refrigerator Tenant -supplied 1 $12.001 $12.001 $12.001 $12.001 $12.00 $12.00 Other--specify11i1oritl ly,Ctia`rg es Electric Charge $9.38 1 $9.00 $9.00 $9.001 $9.00 $9.00 $9.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ _ Air Conditioning $ Water Heating $ Address of Unit Water $ _ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other Total e adapted from form HUD -52667 The Nelrod Company 712021 Update (7/2019) 704 Utility Allowance Schedule U.S. Department of Housing and Urban Development OMB Approval Office of Public and Indian Housing No. 25577-0169 See Public Reporting and Instructions on back exp.7/31/2022 The following allowances are used to determine the total cost of tenant-furished utilities and appliances. Date (mm/dd/yyyy): Locality. Indian River County Board of Commissioners, FL Unit Type: Single -Family (•Detached House) ._ Utility or Service: 0 BR 1 BR 2 B.t 3 611 4 BPt 5 BR Monthly Dollar Allowances Heating, a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $35.00 $39.00 $42.00 $42.00 $45.00 $45.00 c. Electric $7.00 $8.00 $8.00 $9.00 $10.00 $10.00 d. Electric Heat Pump $5.00 $6.00 $7.00 $8.00 $9.00 $10.00 e. Oil '.Cooking: ' a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $6.00 $10.00 $13.00 $16.00 $22.00 $29.00 c. Electric $4.00 $4.00 $6.00 $8.00 $10.00 $11.00 Other ElecEric�Bi CoQ6lirig, Other Electric (Lights & Appliances) $1 9.001 $23.00 $32.001 $40.001 $49.00 $58.00 Air Conditioning 1 $9.001 $10.001 $23.001 $36,001 $48.00 $61.00 Water_ -Heating, a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $22.00 $26.00 $35.00 $45.00 $55.00 $67.00 c. Electric $9.00 $11.00 $14.00 $17.00 $20.00 $23.00 d. Oil Vllater, $ewgr,_.Trash"Colle_cfion Water (avg) $18-001 $19.001 $22.001 $26.001 $32.001 $38.00 Sewer (avg) $28.001 $31.00 $35.00 $40.001 $45.00 $49.00 Trash Collection (avg) 1 $13.001 $13.001 $13.001 $13.001 $13.001 $13.00 f0'!K, stipPlied.APpliances Range/ Microwave Tenant -supplied 1 $11.001 $11.001 $11.001 $11.001 $11.001 $11.00 Refrigerator Tenant -supplied $12.001 $12.001 $12.001 $12.001 $12.001 $12.00 Other--specfyMontlily `Charges n Electric Charge $9.38 $9.00 $9.00 $9.00 $9.00 $9.021--L9,00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actuvl unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heatin $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total Cc�fed Compllam:e• ` .4 zozi ' w. adapted from form HUD -52667 The Nelrod Company 7/2021 Update (7/2019) 705 01, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 11, 2021 SUBJECT: Ocean Concrete and George Maib v. Indian River County BACKGROUND. This case arises out of a dispute regarding a proposed development of property for use as a concrete batch plant. The plaintiffs' fourth amended complaint set forth three counts against Indian River County (the "County"): Count I for inverse condemnation or regulatory taking; Count II for violation of the Bert J. Harris Act; and Count III for compensatory damages and declaratory judgment pursuant to 42. U.S.C. § 1983. On November 20, 2015, a jury returned a verdict in favor of the County on Count III, finding that the plaintiffs' procedural due process rights were not violated. On August 19, 2016, the circuit court issued a final judgement in favor of the County on all remaining counts. The case was appealed and on March 14, 2018, the district court affirmed in part, reversed in part and remanded. The appellate court upheld the trial court ruling on the inverse condemnation or regulatory taking count and the count under 42 U.S.C. § 1983. However, -the appellate court ruled that the County was liable under the Bert J. Harris Act. The County sought an appeal with the Florida Supreme Court, which denied taking jurisdiction. At the trial on damages after remand, the jury returned a verdict in favor of Maib in the amount of $2,000,000. The County appealed that decision to the Fourth District Court of Appeal, which upheld the jury award. County sought jurisdiction with the Florida Supreme Court, which was denied. Under the Bert J. Harris Act, Maib is entitled to recover reasonable costs and attorney fees incurred from the date of the filing of the circuit court action. Instead of litigating the attorneys' fees and costs, counsel has negotiated an agreement for the County to pay $1,181.250 in attorney's fees and $167,000 in costs. Although these are large sums, it is important to understand that this litigation results from an action that took place over 14 years ago. 706 Board of County Commissioners August 11, 2021 Page 2 FUNDING. The total and final payment of $1,348,245 will be paid from the Self -Insurance Fund/Risk Management/General Liability/Ocean Concrete account number 50224619-034530-19901. Furthermore, a budget amendment from the Self -Insurance Fund Balance will be necessary to cover this expense. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the proposed settlement of attorneys' fees and costs and authorize the County Attorney to execute any documents necessary to effectuate such settlement. 707 �A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Emergency Services Manager DATE: June 29, 2021 SUBJECT: Approval of Change Order # 3 for Radio System P25 Migration Project It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On February 5, 2019, the Board approved Work Order No. 4 for the County's Radio System P25 migration project, which included the purchase and installation of a logging recorder system for radio traffic. After consulting with 911 staff and technicians, it was determined that separately recording 911 calls and radio traffic would no longer be operationally effective. On October 1, 2019, the Board approved Change Order #1 for the 911 and radio traffic logging recorders at the cost of $165,619.00. The project commenced at the end of October 2019 and was still incomplete as of March 2021. On March 23, 2021, the Indian River County Sheriff's Office determined that the length of the. project was contrary to a reasonable timeline and issued a statement charging the County to find an alternative solution. On May 25, 2021, Staff submitted a letter to Communications International Inc. detailing the current situation, including PSAP dissatisfaction, and requesting a change in service. On June 24, 2021, Communications International Inc. sent a change order removing the logging recorder system from the project scope and milestone schedule. Change Order No. 3 is for removal of the logging recorders and its associated cost of $165,619 from Work Order No.4. The $165,619 credit will be applied to the next milestone payment. Removing the logging recording from the project scope will reduce the cost of Amended Work Order No.4 from $1,813,041.39 to $1,647;422.39. The County, as well. as all of the PSAPs, have reviewed a number of other options for both radio traffic and 9-1-1 telephony recording. A selection has been made for a replacement product and the $165,619 identified in Change Order #3 will be used to offset some of the costs for the new recording device which is expected to cost an additional $53,000. These funds will be available in the Optional Sales Tax/800 MHz Upgrade P25 Compliance Account. FTI:. FUNDING: Funding for the Amended Work Order No. 4 is budgeted and available in Optional Sales Tax/800 MHz Upgrade P25 Compliance, Account # 31512022-066510-16004. RECOMMENDATION: Staff recommends the Board approve Change Order # 3 with Communications International Inc. ATTACHMENTS: Change Order #3 Revised Attachment "A" 709 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company Change Order Date: 6/24/2021 Change Order No.: CO -P1330.2 Order De--- — tion Indian River County Emergency Services Attn.: Maria Resto, Radio System Manager Delete logging recorder from project scope 4225 43rd Ave Vero Beach, FL 32960 . . Melissa Osmolski, Project Manager Item Qty ModelExtended_ 1 1 Delete the scope of work described and authorized by Change Order CO -P1330.1 $ (165,619.00) $ (165,619.00) Ci shall remove the Revcord logging recorder by no later than October 31, 2021 after Indian River County has its direct - purchased replacement installed and working. Any monies Ci has received from Indian River County as payment towards Milestone Payment No. 5 shall instead be credited towards Milestone Payment No. 4. 'Special Notes and Instructions -� Change Order subject to Ci Standard Terms and Conditions. Submit Purchase Order to: Communications International 4450 US Highway 1 Vero Beach, FL 32967 www.ask4ci.com 0 COMMUNICATIONS INTERNATIONAL An Employee Owned Company Quote/Change Order Terms and Conditions: Change Order accepted: Signature Date Print Name Title 710 1. Quotes/Change Orders are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility. 3. Ordered equipment may be returned for a full refund, less a 25% restocking fee, if the equipment is returned unused and undamaged in its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be furnished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser. 711 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: William K. DeBraal, Deputy County Attorney FROM: Ryan Sweeney; Chief, Current Development DATE: August 6, 2021 SUBJECT: Go Life Holding LLC's Request to Amend the Declarations of Restrictive Covenants on Certain Properties Previously Owned by SK Vero, LLC and Petrus Veros, LLC [AA -20- 08-87 / 2004110281-87093] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 17, 2021. BACKGROUND Go Life Holding, LLC is the current owner/developer of ±81 acres of property located south of 16' Street and east of 98th Avenue (see attachment 1). The subject ±81 acres was previously owned by Petrus Veros, LLC, and is subject to a Declaration of Restrictive Covenants that controls certain development parameters (i.e. density, lot size, and lot width) applicable to the site. Go Life Holding, LLC is also the current owner of a ±160 acres of property located south of 12' Street and east of 98th Avenue (see attachment 1) that was previously owned by SK Vero, LLC, and those f 160 acres are also subject to a similar Declaration of Restrictive Covenants. The Restrictive Covenants for both sites are the result of settlement agreements between the previous property owners and the County that were approved in 2004, and run with the land. Go Life Holding, LLC, as a developer of both properties, has submitted a plat over site plan application that is currently in the review and approval process, and that application will ultimately require approval by the Planning and Zoning Commission (PZC). During site plan review process, staff notified the applicant that the proposed plat over site plan design would require an amendment to the development parameters identified in the Restrictive Covenants applicable to both properties. Therefore, the applicant is now requesting approval from the Board of County Commissioners (BCC) to amend the Restrictive Covenants. ANALYSIS The Restrictive Covenants applicable to both properties include identical controls on certain development parameters (i.e. density, lot size, and lot width), and are summarized as follows: 712 a. Residential density shall be limited to 4 dwelling units per gross acre except that residential density shall be limited to 4.5 dwelling units per gross acre for an approved Planned Development (PD). b. Single-family home lots developed on the property will beat least 7,000 sq. ft. in area and have a minimum lot width of 70 ft. Notwithstanding the foregoing, in the event the County approves a Planned Development, the minimum lot width may be less than 70 ft. The applicant has submitted a plat -over site plan application that includes a mixture of single-family and multi -family units, and that application is currently in the review and approval process. When the Restrictive Covenants were approved in 2004, there were primarily two types of development options for single-family residential development, and those options included a conventional single-family subdivision or a residential PD. Since 2004, a third development option, known as a plat -over site plan, has been successfully utilized for a number of residential developments within the unincorporated portion of the County. The plat -over site plan option may be utilized to produce single-family or multi -family (townhome) units, but must be developed on property that has a multi -family zoning designation (e.g. RM -6). The plat -over site plan process requires a combination of a site plan showing the proposed layout/location for all single-family and/or multi -family units and a preliminary plat that is "overlaid" onto the site plan, and creates individual fee simple lots for each unit. For all plat -over site plan projects, the lot area must include only the area of each dwelling unit and any immediately adjacent improved living areas (e.g. porches, courtyards, driveways, and other impervious areas), while the remaining areas are platted as common areas that are owned and maintained by a property owners association. Therefore, the resulting lot widths are typically only as wide as the building footprint (25' to 40' wide), and the resulting lot sizes are considerably smaller (2,500 SF to 4,000 SF) than a conventional subdivision lot (7,000 SF). For the subject properties, the applicant has submitted a plat -over site plan application that proposes 30' wide single-family lots with a total of lot area of 3,000 SF. Therefore, the applicant has coordinated with staff to amend the applicable Restrictive Covenants, as needed (see attachments 2 and 3). The density limitations outlined in subsection "a." will not change. The lot width and lot size requirements outlined in subsection "b." will be amended as follows: b. Single-family home lots developed on the property will be at least 7,000 square feet (SF) in area and have a minimum lot width of 70 feet. Notwithstanding the foregoing, in the event the County approves a Planned Development or Plat Over Site Plan, the minimum lot width may be less than 70 feet and the minimum lot area may be less than 7,000 sq. ft. so long as the density restriction in 3(a) above is not exceeded. Staff supports the requested amendment to the Restrictive Covenants for two reasons. The first reason is that the amendment does not change the density restriction(s) for the subject properties. Therefore, the maximum number of units that may be developed on the overall project site does not change. The second reason is that the amendment allows the subject properties to be developed via the plat over site plan process, which provides more flexibility for the applicant, while the end product will still provide a mixture of single-family and multi -family unit types. 713 If the BCC approves the amendment to the Restrictive Covenants, the associated plat over site plan project can continue through the review and approval process, and will ultimately be scheduled for consideration by the PZC. Therefore, staff is recommending that the amended documents be held in escrow until the plat over site plan project is approved by the PZC. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the requested amendment to the Restrictive Covenants, and hold the amended documents in escrow until the associated plat over site plan project (SP -MA -20-07-30 / 2004110281-87025) is approved by the Planning and .Zoning Commission. ATTACHMENTS 1. Location Map 2. Draft Amended Declaration Venetian Grove 160 Acre Property 3. Draft Amended Declaration Venetian Grove 81 Acre Property 714 o W��� ffLul AVHl46 a0l -AV HJ.06 UQNtiBOO } P1NV4EW� 4 z o is i5 waw C 7T ................ ........................... ............... ... ......................... O y i� rA U a 9, 017M v7- Hl AV H186 �I AMH186 --- _ (j 'a10 VN02i3!\ 3 z J z r Oi 13A 3 Cd 6 30 V VNOU3A`SZ3 cn ] Mb0 5A'M w Prepared by and return to: C. Douglas Vitunac, Esquire Collins Brown Barkett, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 772-231-4343 AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS is made on this day of , 2021, by GO LIFE HOLDING LLC, a Florida limited liability company ("Owner"), in favor of Indian River County, a political subdivision of the state of Florida, ("County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of 160 acres, more or less, zoned RM -6, which property is referred to as the Venetian Grove Property and legally described as follows: See Exhibit "A" attached hereto and made a part hereof ("Venetian Grove Property") said property was formerly owned by SK Vero, LLC; WHEREAS, the Venetian Grove Property is subject to a Declaration of Restrictive Covenants recorded at Book 1784, at Page 343, in the Official Public Records of Indian River County, Florida, ("Declaration") which, in part, restricts lot sizes to be at least 7,000 square feet in size and have a minimum lot width of 70 feet, with a gross density of no more than 4 units per acre; WHEREAS, the Declaration provided an exception to the lot size restrictions for planned developments, but did not provide for similar flexibility for plat over site plan developments, which were not as common at the time of recording of the Declaration as they are currently; WHEREAS, the Owner is presently the applicant before the County for approval of a plat over site plan for the Venetian Grove Property, which would require modification of the restriction of the lot size and lot width requirements, while leaving density requirements in place; and WHEREAS, the Owner and the County are desirous of amending and restating the Declaration to include flexibility in the restriction on lot size and lot width for the Venetian Grove Property in the event that the plat over site plan is approved by the County; 716 NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: 1. That the above recitals are true and are incorporated herein by reference. 2. The Declaration is hereby amended and restated. 3. The Owner hereby declares and voluntarily covenants and agrees that notwithstanding the RM -6 zoning of the Venetian Grove Property, the following restrictions shall apply to any development within the Venetian Grove Property: (a) Residential density shall be limited to 4 dwelling units per gross acre except that residential density shall be limited to 4.5 dwelling units per gross acre for an approved Planned Development (PD). (b) Single-family home lots developed on the property will be at least 7,000 sq. ft. in area and have a minimum lot width of 70 ft. Notwithstanding the foregoing, in the event the County approves a Planned Development or Plat over Site Plan, the minimum lot width may be less than 70 ft. and the minimum lot area may be less than 7,000 sq ft. so long as the density restriction in 3(a) above is not exceeded. 4. Amendment and Modification. This Amended and Restated Declaration of Restrictive Covenants may be modified, amended or released as to any portion of the Venetian Grove Property only by a written instrument executed by the owner of the fee simple title to the Venetian Grove Property to be affected by such modification, amendment or release, providing that the same has been approved by proper application and approval of the Board of County Commissioners or then governing body. 5. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, unless modified, amended or released. 6. Lection and Enforcement. The County shall have the right to enforce this Amended and Restated Declaration of Restrictive Covenants at law or at equity. The prevailing party in any action or suit to enforce this Amended and Restated Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 7. Severability. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Amended and Restated Declaration, which shall remain in full force and effect. 717 8. Recording. This Amended and Restated Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within 30 days of its recording. 9. Effective Date. If the County approves the application of the Owner for the plat over site plan of the Venetian Grove Property, as set forth above, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Venetian Grove Property and be binding upon the Owner, its successors and assigns. 10. Approved by the Board. This Amended and Restated Declaration of Restrictive Covenants was approved by the Board of County Commissioners of Indian River County on August , 2021. SIGNATURE PAGE TO FOLLOW [Remainder of Page Intentionally Left Blank] 718 WITNESS WHEREOF, the undersigned has executed this Amended and Restated Declaration on the day of , 2021. Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF COUNTY OF : SS. Go Life Holding LLC, a Florida Limited Liability Company Date: I HEREBY CERTIFY that on this day, before me an office duly qualified to take acknowledgements, personally appeared , as of Go Life Holding LLC, a Florida limited liability company, to me known to be the person described in and who executed the foregoing instrument and acknowledgment before me that the executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 52021. Signature of Notary or Officer Notarial Seal (stamped in black ink) M' Printed Name of Notary Public State of Florida Commission Number: 719 EXHIBIT "A" LEGAL DESCRIPTION Tracts 11, 12, 13, 14, Section 10. Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company Subdivision. as being recorded in Plat Book 2, Page 25, St. Lucie County Florida. Said land now lying and being in Indian River County Florida Containing 160 acres more or less. 720 Prepared by and return to: C. Douglas Vitunac, Esquire Collins Brown Barkett, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 772-231-4343 AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS is made on this day of , 2021, by Go Life Holding LLC, a Florida limited liability company ("Owner"), in favor of Indian River County, a political subdivision of the state of Florida, ("County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of 81 acres, more or less, zoned RM -6, which property is referred to as the Venetian Grove Second Property and legally described as follows: See Exhibit "A" attached hereto and made a part hereof ("Venetian Grove Second Property") said property was formerly owned by Petrus Veros, LLC; WHEREAS, the Venetian Grove Second Property is subject to a Declaration of Restrictive Covenants recorded at Book 1784, at Page 339, in the Official Public Records of Indian River County, Florida, ("Declaration") which, in part, restricts lot sizes to be at least 7,000 square feet in size and have a minimum lot width of 70 feet, with a gross density of no more than 4 units per acre; WHEREAS the Declaration provided an exception to the lot size restrictions for planned developments, but did not provide for similar flexibility for plat over site plan developments, which were not as common at the time of recording of the Declaration as they are currently; WHEREAS, the Owner is presently the applicant before the County for approval of a plat over site plan for the Venetian Grove Second Property, which would require modification of the restriction of the lot size and lot width requirements, while leaving the density requirements in place; and. WHEREAS, the Owner and the County are desirous of amending and restating the Declaration to include flexibility in the restriction on lot size and lot width for the Venetian Grove Second Property in the event that the plat over site plan is approved by the County; 721 NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: 1. That the above recitals are true and are incorporated herein by reference. 2. The Declaration is hereby amended and restated. 3. The Owner hereby declares and voluntarily covenants and agrees that notwithstanding the RM -6 zoning of the Petrus Veros Property, the following restrictions shall apply to any development within the Petrus Veros Property: (a) Residential density shall be limited to 4 dwelling units per gross acre except that residential density shall be limited to 4.5 dwelling units per gross acre for an approved Planned Development (PD). (b) Single-family home lots developed on the property will be at least 7,000 sq. ft. in area and have a minimum lot width of 70 ft. Notwithstanding the foregoing, in the event the County approves a Planned Development or Plat over Site Plan, the minimum lot width may be less than 70 ft. and the minimum lot area may be less than 7,000 sq ft so long as the density restriction in 3(a) above is not exceeded. 4. Amendment and Modification. This Amended and Restated Declaration of Restrictive Covenants may be modified, amended or released as to any portion of the Venetian Grove Second Property only by a written instrument executed by the owner of the fee simple title to the Venetian Grove Second Property to be affected by such modification, amendment or release, providing that the same has been approved by proper application and approval of the Board of County Commissioners or then governing body. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, unless modified, amended or released. 6. Inspection and Enforcement. The County shall have the right to enforce this Amended and Restated Declaration of Restrictive Covenants at law or at equity. The prevailing party in any action or suit to enforce this Amended and Restated Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 7. Severability. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Amended and Restated Declaration, which shall remain in full force and effect. 722 8. Recording. This Amended and Restated Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within 30 days of its recording. 9. Effective Date. If the County approves the application of the Owner for the plat over site plan of the Venetian Grove Second Property, as set forth above, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Venetian Grove Second Property and be binding upon the Owner, its successors and assigns. 10. Approved by the Board. This Amended and Restated Declaration of Restrictive Covenants was approved by the Board of County Commissioners of Indian River County on August , 2021. SIGNATURE PAGE TO FOLLOW [Remainder of Page Intentionally Left Blank] 723 WITNESS WHEREOF, the undersigned has executed this Amended and Restated Declaration on the day of , 2021. Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF COUNTY OF : SS. Go Life Holding LLC, a Florida Limited Liability Company IM Date: I HEREBY CERTIFY that on this day, before me an office duly qualified to take acknowledgements, personally appeared , as of Go Life Holding LLC, a Florida limited liability company, to me known to be the person described in and who executed the foregoing instrument and acknowledgment before me that the executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2021. Signature of Notary or Officer Notarial Seal (stamped in black ink) M Printed Name of Notary Public State of Florida Commission Number: 724 EXHIBIT "A" LEGAL DESCRIPTION Tracts 3, 6, Section 10. Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company Subdivision. as being recorded in Plat Book 2, Page 25, St. Lucie County Florida. Said land now lying and being in Indian River County Florida Containing 81 acres more or less. 725 gA,o CONSENT DA BCC Meeting 08/17/2021 o , INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / '� itac Department of General Services Parks and Recreation Date: August 9, 2021 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin M. Kirwin, Director, Parks and Recreation Subject: Approval of the Special Olympics Florida Aquatic Championships Agreement for the Swimming Event to be held at the North County Aquatic Center and for the Opening Ceremony to be held at the iG Center BACKGROUND Special Olympics Florida Inc. (a Florida not for profit corporation) will be hosting the Special Olympics Aquatic Championships on October 2nd and 3`d, 2021 at the North County Aquatics Center (NCAC) and hosting the Opening Ceremony at the Intergenerational Center (iG). This will be 15th year that Special Olympics Florida has chosen Indian River County as the host county for this event (the event was cancelled in 2020 due to the pandemic). The Special Olympics Aquatic Championships is a cornerstone event for athletes and their families that through the spirit of competition fosters physical wellness, sportsmanship and bolters self-esteem. The memories and friendships formed during this event last a lifetime. This two-day event hosts up to 400 athletes and 350 family members, Special Olympic Florida staff members and support staff from around the State of Florida. Additionally, up to 300 volunteers are recruited from across Indian River County to assist the athletes and their families during the event. Special Olympics Florida Inc. and Indian River County, Parks and Recreation would like to renew and amend their expired agreement to provide for the events scheduled for 2021 through 2025. This five-year term will ensure that Special Olympics Florida would have the exclusive use of the NCAC and iG during the two-day period of the event - typically held during the first weekend of October each year. This will also ensure that the athletes, coaches, families, and support staff will be staying in Indian River County hotels, eating at local restaurants and shopping in locals stores for the next five -years. To help offset the costs of the facilities and staff, Special Olympics Florida Inc. will be paying $2,250 for the 2021 event with this fee increasing by $500 each year until 2025. Additionally, Indian River County, Parks and Recreation will be submitting a grant application to the Treasure Coast Sports Commission. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the agreement with Special Olympics Florida Inc. and Indian River County and authorize the chair to execute the same. 726 ATTACHMENT: Agreement Between Special Olympics Florida and Indian River County for use of the NCAC and iG DISTRIBUTION: Kevin M. Kirwin, Director —Parks and Conservation Recreation APPROVED AGENDA ITEM FOR AUGUST 17, 2021 727 AGREEMENT BETWEEN SPECIAL OLYMPICS FLORIDA AND INDIAN RIVER COUNTY FOR USE OF THE NORTH COUNTY AQUATICS CENTER AND INTERGENERATIONAL CENTER This Agreement dated this . day of , 2021, between Special Olympics Florida, Inc., a Florida not for profit corporation, whose address is 1915 Don Wickham Road, Clermont, FL 34711 (Special Olympics Florida) and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 32960 (County) as of the date set forth below as the effective date (the effective date). WHEREAS, Indian River County owns and operates the North County Aquatics Center located at 9450 95th Street, Sebastian, Florida and the Intergenerational Center located at 1590 9th Street SW, Vero Beach, Florida; and WHEREAS, Special Olympics Florida was founded in 1972, and provides year-round sports training and competition to over 18,000 children and adults with intellectual disabilities, at no cost to the athlete or their caregiver, and WHEREAS, Special Olympic competitions are a means to achieve physical fitness, self-esteem and the life skills necessary to be productive, respected and contributing members of their communities; and WHEREAS, Special Olympics Florida holds an annual state championship swim meet; and ; WHEREAS, over the past 15 years (the 2020 event was cancelled due to COVID-19), Special Olympics has held the State Championship swim meet at the North County Aquatic Center and the opening ceremonies for the past four years per said event at the Intergenerational Center; and WHEREAS, Special Olympics Florida, the County, competitors and their families have been immensely satisfied with participation, volunteerism, location and quality of the swim meets and facilities at North County Aquatic Center and the Intergenerational Center; and WHEREAS, the parties desire to memorialize the agreement for use of the North County Aquatic Center and Intergenerational Center for the mutual benefit of the parties, NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties agree as follows: 1. The recitals set forth above are true and correct and incorporated by reference herein. 2. This Agreement shall encompass years 2021, 2022, 2023, 2024 and 2025. 3. The County agrees to reserve the North County Aquatic Center and the Intergenerational Recreation Center for the exclusive use of Special Olympics Florida the first full weekend of October 2021, 2022, 2023, 2024 and 2025 for use by Special Olympics Florida for their state championship swim meet and opening ceremony. The County shall also supply for the event the following: A. Sufficient life guards and staff necessary for the safe and efficient operation of the pool during the swim meet. B. Provide for Indian River County Emergency Medical Services personnel to be on site during the meet and opening ceremonies. C. Sufficient bleachers as may safely fit at the Aquatic Center for athletes and spectators. D. A timing system for use during the swim meet. E. The County will coordinate the location of the opening ceremonies. 4. During the course of the swim meet and opening ceremony, Special Olympics Florida will provide the following: A. A score board operator and event announcer B. Swim meet officials C. Tents, tables and chairs sufficient for registration or other administrative duties necessitated by the swim meet D. Sound equipment for the swim meet E. Signage and. any awards given to the participants F. A DJ or announcer for the opening ceremony G. Food and water for athletes, coaches, staff and volunteers H. Special Olympics Florida will be responsible for set up of the tent, tables and chairs their delivery and breakdown before and after the meet. The County will assist with location and set up at both facilities. I. Meal for athletes, coaches, staff and volunteers at opening ceremony 5. Special Olympics Florida will coordinate with the Treasure Coast Sports Commission to reserve hotel space for the athletes, parents and coaches. 6. Not less than 30 days prior to the swim meet, Special Olympics Florida will supply proof of insurance to the County, attention Dave Smith. The coverage provided shall be as follows: Liability Insurance Company: The insurance company must have a rating by A.M. Best Company of at least A:V. Minimum dollar amount and types required: Five Million Dollars ($5,000,000) general liability and Five Hundred Thousand Dollars ($500,000) auto liability. The county shall be named as an additional insured on all required insurance. 7. In order to supply sufficient lifeguards and staff for the swim meet, Special Olympics Florida shall provide the County with a good faith estimate of the 729 number of participants 14 days in advance of the date of the opening ceremonies for the meet. 8. To help off -set the cost of swim meet, Special Olympics Florida shall pay to the County the sum of $1250.00 for 2021, $1500.00 for 2022, $1750.00 for 2023, $2000.00 for 2024 and $2250.00 for 2025 that the state championship swim meet is held at the North County Aquatic Center. To help offset the cost of the Opening Ceremony at the Intergenerational Recreation Center, Special Olympics Florida will pay to the County the sum $1000.00 for 2021, $1250.00 for 2022, $1500.00 for 2023, $1750.00 for 2024 and $2000.00 for 2025. Payment shall be made 30 days prior to the date of the event for that particular year. 9. If Special Olympics Florida does not pay all fees and provide all necessary insurance certificates within the times specified herein, this Agreement shall be void. 10. Indemnifications and Waiver of Claims. Special Olympics Florida assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents, against all claims, damages, losses, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by conduct, acts, omission, or negligence of any participants in the event, Special Olympics Florida, its visitors, agents, and employees. The County, its officers, employees, and agents, shall not be liable for, and Special Olympics Florida hereby releases all claims for, damages to, or loss of, personal property sustained by Special Olympics Florida, its visitors, agents, and employees, or any person claiming by or through Special Olympics Florida, resulting from any fire, accident, occurrence, theft, or condition in or upon the Facility or the North County Regional Park facilities of which it is a part, or of adjoining or contiguous property, facilities, or buildings, provided such are not due to the sole negligence or willful misconduct of County, its officers, agents or employees. 11. Cancellation. This Agreement is subject to cancellation by either Special Olympics Florida or the County, provided written notification is received by the non -canceling party 60 days prior to the opening ceremonies, without penalty or obligation on the part of the cancelling party. 12. Facility Unavailability Disclaimer. The County assumes no responsibility for circumstances that may require the closing of the facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies' requirements. In the event of such occurrence, it is the responsibility of Special Olympics Florida to obtain alternative facilities and the CountyF would refund any fees for unused full days only (no partial day refunds), and thereupon the County shall have no further liability to Special Olympics Florida in this regard. 730 13. Governing Law. The laws of the State of Florida shall govern this Agreement and any and all legal ' action instituted because of this Agreement shall be instituted in Indian River County for all court matters, and in the Southern District of Florida for all federal court matters. 14. Entirety of Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings of the matters contained herein and the parties agree that there are no commitments, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement will be binding unless signed in writing by the County and the Applicant. 15. Severability. In the event any of the provisions of this Agreement are deemed to be enforceability of the remaining provisions of this Agreement shall not be affected. IN WITNESS WHEREOF, the Board of County Commissioners and Special Olympics Florida, Inc. have caused this Agreement to be executed by their respective duly authorized officers. SPECIAL OLYMPICS BOARD OF COUNTYOMMISSIONERS FLORIDA, INC. INDIAN RIVER COUNTY, FLORIDA By: Its: Date Signed: Joseph E. Flescher, Chairman BCC Approved: ATTEST: Jeffrey R. Smith, Clerk Approved: And Comptroller in Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 731 --CONSENT 8:AP. INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director f DATE: August 13, 2021 SUBJECT: Approval of Blue Medicare Advantage Renewal BACKGROUND: Under Florida Statute, retirees of the Country are eligible to continue health insurance under the County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain age 65 are provided the option to enroll in the Blue Medicare Advantage Plan. The Board of County Commissioners approved the current Blue Medicare Group PPO 2 RX 1 plan in 2020 at a monthly ,premium of $257.24. Staff was notified that the current Blue Medicare plan would not be available and a replacement plan with various pharmacy plan options was provided to us for review. Staff reviewed the options and recommended the Blue Medicare Advanced Platinum PPO with Dental, Hearing, Vision at a monthly cost of $257.42 per member per month (pmpm). Ad d Platinum PPO Medical: $34.14 Rx: $212.28 D/V/H: t$7.00 Fitness: $4.00 TOTAL: 1 $257.42 pmpm Previous Rate: $257.24 Percent Change: 0.1 w In order to provide retirees with the renewal information, the County Administrator has approved this plan offering under Resolution 2021-34 and the item is presented to the Board for ratification. A benefit comparison of the new plan to the current plan is included and reflects an overall improvement in benefit with reduced annual out of pocket maximums. Many copays improved and a few copays increased, but the overallibenefit has increased. FINANCIAL IMPACT: The financial impact is negligible at $.18 per month per enrolled member. Currently, we have thirteen members enrolled in the Medicare Advantage Plan. Some retirees may qualify for subsidized premiums and the subsidized retiree premiums are funded from the OPEB Trust fund account 701038-368010. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the renewal of the Blue Medicare Advanced Platinum PPO plan effective October 1, 2021 through September 30, 2022 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree Medicare Advanced Platinum PPO effective October 1, 2021 • Benefit Comparison Medicare Advantage Plan vs. Medicare Advanced Platinum Plan Fki"%G&B&e b MEDICARE 2021 Su m rn ary of Benefits Medicare Advantage Plan with Part D Prescription Drug Coverage BlueMedicare Group PPO (Employer PPO) 11112021-1213112021 BlueMelddicare Advanced Platinum PPO with Dental, Hearing, Vision R Indian iver County BOCC #90000 The plan's service area includes. Nationwide I Y0011_FBM0407 2020 EGWP_M The benefit'i nform ation provided is a summary of what we cover and what you pay. To get a complete list of services we cover, call us and ask for the "Evidence of Coverage." You may also view the "Evidence of Coverage" for this plan on our website, www.floridablue.com/medicare. If you wantto know more aboutthe coverage and costs of Original Medicare, look in your current Medicare & You handbook. View it online at www.medicare.gov or get a copy by calling 1 1-800-MEDICARE (1-800-633-4227), 24 hours a day, 7 days a week. TTY users should call 1-877-486-2048. � r Who Can Join? You and your dependent(s) can join this plan ifyou are a retired employee ofthe group and the following j conditions are met: p • You and your dependent(s) are entitled t Medicare Part A and enrolled in Medicare Part B • You and your dependent(.) live in the plan service area, and • You are identified as an eligible participant by your former employer I Neither you nor your dependent(s) are eligible for this plan if: i • You are an active employee ofthe group, or i • You are a retired employee ofthe group with a dependentwho is an active employee ofthe group and has coverage through the group s plan for active employees Our service area includes all 50 states and the District of Columbia. Which doctors, hospitals, and pharmacies can I use? We have a network of doctors, hospitals, pharmacies, and other providers. If you use providers that are not in our network to receive medical services, you may pay more for these services. If you use pharmacies i that are not in our network to fill your covered Part D drugs, the plan will generally not cover your drugs. You can see our plan's provider and pharmacy directory at our website (www.florida blue.co m/medicare). Or call us and we will send you a copy ofthe provider and k pharmacy directories. ! Have Questions? Call US ■ If you have questions aboutthis plan, call u. at 1-800-926-6565, TTY: 1-800-955-88770. From ropm October 1 through March 31, we are open seven days a week, from 8:00 a.m. to 8:00 p.m, local time, exceptfor Thanksgiving and Christmas p o From April 1 through September 30, we are open Monday through Friday, riday, from 8:00 a.m. to 8:00 p.m. local time, except for major holidays • Or visit our website at www.floridablue.co m/medicare important Information u fo I Through this document you will see the symbol. Services with this symbol may require prior I I authorization from the plan before you receive the services from network providers. If you do not get a I prior authorization when required, you may have to pay out -of -network cost-sharing, even though you received services from a network provider. Please contact your doctor or refer to the Evidence of Covera g;e (EOC) for more information about services that require a prior authorization from the plan 2 I I I Monthly Premium, Deductible and Limits Monthly Plan ■ $257.42 for Advanced Platinum PPO Premium You must continue to pay your Medicare Part B premium. Deductible • In -Network: $0 j ■ Out -of -Network. $2,000 1 ■ This his plan does not have a prescription drug deductible. Maximum i • $1,000 is the most you:pay for copays, coinsurance and other costs for Medicare - Out -of -Pocket i covered medical services from in -network providers for the year Responsibility ■ $3,000 is the most youlpay for copays, coinsurance and other costs for Medicare - covered medical servicies you receive from in- and out -of -network providers combined Medical and Hospital Benefits �^ In -Network' Out -of -Network II• npatient copay per day, da" s $200 y I-7 • 40% of the Medicare -allowed amount Hospital Care 0 0 $0 copay per day, after .day 7 after $2,000 out -of -n etwork deductible Outpatient V ■ $75 copay per visit for Medicare- • 40% of the Medicare -allowed amount Hospital Care covered observation services after $2,000 out -of -network deductible I ■ $250 copay for all otherlservices 0 Ambulatory ■ $200 copay in an ambulatory surgical • 40% of the Medicare -allowed amount Surgical Center center after $2,000 out -of -network deductible 1 Doctorfs Office • 25 copay per primary care visit • 40 O �0 of the Medic are -allowed amount Visits ■ $45 copay per specialist visit after $2,000 out -of -network deductible t Preventive Care • $0 copay I ■ 40% ofthe Medicare -allowed amount I • Abdominal aortic aneurysm screening ■ Alcohol misuse screening and counseling ■ Annual Wellness Visit I • Bone mass measurements • Breast cancer screening (mammogra ms) • Cardiovascular dise a selscreening and Intensive behavioral therapy ■ Cervical and vaginal cancer screening • Colorectal cancer screening ■ Depression screening I I • Diabetes screening and self -m anagement training • Glaucoma screening • Hepatitis B and C screening • HIV screening -r • Intensive Behavioral Therapy for Obesity i It" X31 J 5 I.n-N:etwork. Out -of -Network • Lung cancer screening +, ■ Medical nutrition therapy 711 ■ Prostate cancer screening ■ Sexually transmitted infections - screening and high-intensity behavioral counseling to preventthem ■ Smoking and tobacco use cessation counseling p k ■ Vaccines for influenza, pneumonia and Hepatitis B II` ■ Welcome to Medicare preventive visit Any additional preventive services approved by Medicare during the contract year will 'be covered. Emergency Medicare Covered Emergency Care Care ■ $75 copay per visit, in- or out -of -network This copay is waived if you are admitted to the hospital within 48 hours of an f emergency room visit. i Worldwide Emergency Care Services ■ $75 copay for Worldwide Emergency Care ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide j Urgently Needed Services Does not include emergency transportation. Urgently Medicare Covered Urgently Needed Services Needed Urgently needed services are provided to treat a nonemergency, unforeseen medical I Services illness, injury or condition that requires immediate medical attention. ■ $30 copay at an Urgent Care Center, in- or out -of -network Convenient Care Services are outpatient services for nonemergency injuries and I illnesses that need treatment when most fa mily physician offices are closed. I ■ $30 copay at a Convenient Care Center, in- or out -of -network Worldwide Urgently Needed Services ■ $75 copay for Worldwide Urgently Needed Services r I ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services 1 Does not include emergency transportation. 4 4 I I In -Network° Out -of -Network Diagnostic Laboratory Services Services ■ $0 Indepenldent Clinical ■ 40% ofthe Medicare -allowed amount Labs/ImagingO copay at an Laboratory after $2,000 out -of -network deductible ■ $30 copay at an outpatient hospital facility X -Ra s Y I ■ $50 copay at an Independent Diagnostic Testing Fatuity (IDTF) ■ $150 copay at an outpatient hospital facility Advanced Imaging Services Includes services such as Magnetic Resonance Imaging (MRI); Positron Emission Tomography (PET), and Computer Tomography (CT) Scan ■ $75 copay at a physicians office ■ $100 copay at an IDTF ■ $150 copay at an outpatient hospital facility Radiation Therapy ■ 20% ofthe Medicare -allowed amount Hearing Medicare -Covered Hearing Services Medicare -Covered Hearing Services Services ■ $45 copay for exams to ' 40�ofthe edicare-allowed amount ' diagnose and treat hearing and after out -of -network deductible $2,000 balance issues i Additional Hearing Services Additional Hearing Services 1 ■ $0 copay for one routine, ■ Member must submit receipts for , hearing exam per year reimbursement at 50% of maximum ■ $0 copay for evaluation allowed for one routine hearing exam and fitting of hearing aids 1 ■ $350 You $0 per year. ■ Member per ear. pay a copay must submit receipts for for up to 2 hearing aids every year with reimbursement at 50% of maximum ' a maximum benefit allow .a nce of $350 allowed for evaluation and fitting of per ear.I hearing aids. ■ Member must submit receipts for NOTE: Hearing aids must be reimbursement st 50% of maximum purchased through NationsHearing to allowed for up to 2 hearing aids every receive In -network benefits. 1 year. Subjectto benefit maximum. Member is responsible for any amount ■ Member is responsible fo!r any after the benefit allowance has been amount after the benefit allowance applied, , has been applied. Subjectto benefit maximum. i - In -Network Out -of -Network Dental Services W V Vision Services Mental Health Care 0 Medicare -Covered Dental Services 0 ■ $45 copay for nonroutine dental care Additional Dental Services a $0 copay for covered preventive dental services 0 $0 copay for covered comprehensive dental services Medicare -Covered Vision Services ■ $45 copay for physician services to diagnose and treat eye diseases and conditions N $0 copay for glaucoma screening once per year for members at high risk of glaucoma) 0 $0 copay for one diabetic retinal exam per year • $0 copay for one pair of eyeglasses or contact lenses after each cataract surgery Additional Vision Services 0 $0 copay for an annual routine eye examination 0 $0 copay for lenses, frames or contacts. Subject to the annual maximum plan benefit allowance. Member responsible for any amounts in excess ofthe annual maximum plan benefit allowance. $100 maximum allowance per year towards the purchase of lenses, frames or contacts. Inpatient Mental Health Services N $200 copay per day, days 1-7 • $0 copay per day, days 8-90 190 -day lifetime benefit maximum in a psychiatric hospital.L1 Outpatient Mental Health Services ■ $40 copay 6 Medicare -Covered ental Services E 40% ofthe Medicare -allowed amount after $2,000 out -.f -network deductible for nonroutine dental Additional ental Services Member pays up front and is ' reimbursed 50% of non -participating rates for covered preventive dental services. i Member pays up front and is reimbursed' 50% of nonparticipating rates for covered i comprehensive dental services. Medicare -Covered Vision Services A 40% ofthe Medicare -allowed amount after $2,000 out -of -network deductible Additional Vision Services • Member must pay 100% ofthe charges and submitthe itemized receipt(s) for reimbursement of 50% of f the in -network allowed amountfor an annual routine eye examination. i • Member is responsible for all amounts In excess ofthe 50%in-network allowed amount and/or any amounts l in excess ofthe annual maximum plan' benefit allowance for lenses, frames or contacts. Total reimbursement is subjectto the annual maximum plan benefit allowance. Inpatient Mental Health Services 40% ofthe Medicare -allowed a m ounIt after $2,000 out -.f -network deductible 190 -day lifetime benefit maximum in a psychiatric hospital.I�I Outpatient Mental Health Services 40%of the Medicare -allowed amount after $2,000 out -.f -network deductible I_ In-N'etwork Out -of -Network Skilled Nursing • $0 copay per day, days 1-20 • 40% ofthe Medicare -allowed amount. Facility (SNF)0 ■ $100 copay per day, days 21-100 after $2,000 out -.f -network deductible Our plan covers up to 100 days in a SNF per benefit period. Physical $35 copay per visit • 40% of the Medic are -allowed amount' Therapy 0 after $2,000 out -of -network deductible • $200 copay for each Medicare -covered • $200 copay for each Medicare -covered Ambulance0 trip (one-way) trip (one-way) Transportation • Not covered • Not covered Medicare Part B • $5 copay for allergy injections • 40% ofthe Medicare -allowed amount' Drug s 0 • 20% ofthe Medicare -allowed amount after $2,000 out -.f -network deductible, for chemotherapy drugs and other Medicare Part B -covered drugs 7 I Part D Prescription Drug Benefits I Deductible Stage This plan does not have a prescription drug deductible. Initial Coverage Stage During this stage, the plan pays its share ofthe cost of your drugs and you pay your share ofthe cost. i You remain in this stage until yourtotal yearly drug costs total drug costs paid by you and any Part D pIan) reach $4,130. You may get your drugs at network retail pharmacies and mail order pharmacies. Cost I sharing below applies to a one-month (31 -day) supply. 1 Preferred Detail Standard Retail Mail Order Tier 1 - Preferred Generic $3 copay $10 copay $p0 copay Tier 2 - Generic $8 copay $15 copay $8 copay Tier 3 - Preferred Brand $35 copay $40 copay $35 copay I Tier 4 - Non -Preferred Drug $65 copay $85 copay $65 copay 1 I Tier 5 - Specialty Tier 33% ofthe cost 33% ofthe cost 33% ofthe cost Coverage Gap Stage i Most Medicare drug plans have a coverage gap (also called the donut hole"). This means that there's a temporary change In what you will pay for your drugs. The Coverage Gap Stage begins after the total yearly drug cost (including what any Part D plan has paid and what you have paid) reaches $4,130. , You stay in this stage until your year-to-date "out-of-pocket" costs reach a total of $6,550. During the Coverage Gap Stage. ■ You pay the same copays that you paid in the Initial Coverage Stage for all drugs, throughout the coverage gap Catastrophic Coverage Stage 1 After your yearly out-of-pocket drug costs (including drugs purchased through your retail pharmacy and through mail order) reach $6,550, you pay the greeter of. ■ $3.70 copay for generic, (including brand drugs treated as generic) and $9.20 copay for all other drugs, or 5% of the cost. Additional Drug Coverage i ■ Please call us or see the plan's "Evidence of Coverage" on our website (www.floridablue.com/medicare) for complete information about your costs for covered drugs. If you request and the plan approves a formulary exception, you will pay Tier 4 cost sharing. Your cost-sharing may be different if you use a Long -Term Care pharmacy, a home infusion � pharmacy, or an out -of -network pharmacy, or if you purchase a long-term supply (up to 90 days) of a drug I 8 Ad d iti o n a, Benefits Dia betic Supplies 0 Medicare Diabetes Prevention Proqra m Podiatry `{I In -Network Out -of -Network $0 copay at your network retail or mail- order pharmacy for Diabetic Supplies Such a s . • Lifescan One Touch®) Glucose Meters • Lancets • Test Strips �m porta nt Note. Insulin, insulin syringes and needles for self -ad ministration in the home are obtained from a retail or mail order pharmacy and are covered under your Medicare Part .D pharmacy benefit. Applicable co -pays and deductibles apply. • $0 copay for Medicare -covered services $45 copay for each Medicare -covered podiatry visit • 40% ofthe Medicare -allowed amount! after $2,000 ..t -.f -network deductibl1e 1 i n 40% ofthe Medicare -allowed amount • 4000 of the Medic are allowed amount; after $2,000 out -of -network deductible I 0 Chiropractic � 20 copay for each Medicare -covered � 40 O of the Medicare -allowed amount chiropractic visit after $2,000 out'of-network deductibl, Medical Equipment and Supplies 0 Occupational and Speech Therapy 0 m 20% ofthe Medic are-allowe d amount for all plan approved, Medicare -covered motorized wheelchairs and electric scooters 0 0% ofthe Medic are-allowe d amount for all other plan approved, Medicare - covered durable medical equipment ■ $35 copay per visit i 40%ofthe Medicare -allowed amountE after $2,000 out -of -network deductible f , I I 40%.f the Medicare -allowed amount I after $2,000 out -of -network deductible 1 �n-N etw-o'rk Out_of- Ne twork I � I Tele he alth 0 $30 copay for Urgently Needed Medicare -allowed 40% ofthe Medicare -allowed amount Services after $2,000 out -of -network 9 l� $25 copay for Primary Care Services deductible ■ $35 copay for Occupational Therapy/Physical Therapy/Speech Therapy at a freestanding location ` 0 $35 copay Occupational Therapy/Physical Therapy/Speech Therapy at an outpatient hospital • $45 copay for Dermatology Services 0 $40 copayfor individual sessions for outpatient Mental health Specialty Services n $40 copay for Individual sessions for outpatient Psychiatry Specialty 7 Services • $40 copay for Opioid Treatment Program Services $40 copay for individual sessions for outpatient Substance Abuse Specialty Services $0 copay for Diabetes Self- ManagementTraining $0 copay for Dietician Services You Get More with BlueMedicare I In -Network Out -of -Network p H Your BIueMedicare plan rewards you for taking care of your health. Redeem gift11 e a I t h yB l u e Rewards card rewards for completing and reporting preventive care and screenings. i ■•M I ® SilverSneakers m Gym membership and classes available at fitness locations across the country, I Fitness including national chains and local gyms Program Access to exercise equipment and other amenities, classes for all levels and i abilities, social events, and more yI I 1 Disclaimers r� Florida Blue is a PPO and Rx (PDP) plan with a Medicare contract. Enrollment In Florida Blue depends on contract, renewal. Out-of-network/non-contracted providers are under no obligation to treat Florida Blue members, except in emergency situations. Please call our customer service number or see your Evidence of Coverage for more Information, including the cost-sharing that applies to out -of -network services. If you have any questions, please p contact our Member Services number at 1-800-926-6565. (TTY users should call 8 1-800-955-8770.) Our hours are .00 a.m. to 8.00 p.m. local time, seven days a week, from October 1 through March 1 31, except for Thanksgiving and Christmas. From April 1 through September 30, our hours are 8.00 a.m. to 8.00 P.m. local local time, Monday through Friday, exceptfor major holidays. Health coverage is offered by Blue Cross and Blue I Shield of Florida, Inc., dba Florida Blue, an Independent Licensee of -the Blue Cross and Blue Shield Association. Plans may offer supplemental benefits in addition to Part benefits and Part D benefits. © 2020 Blue Cross and Blue Shield of Florida, Inc., DBA Florida Blue. All rights reserved. 11 X31-13 I Section 1557 Notification. Discrimination is Againstthe Law We comply with applicable Federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability, or sex. We do not exclude people or treat them differently because of race,! color, national origin, age, disability, or sex. We provide. • Free aids and services to people with disabilities to communicate effectively with us, such as. O Qualified sign language interpreters O Written information in otherformats (large print, audio, accessible electronic formats, other form ats) • Free language services to people whose primary language is not English, such as. O Qualified interpreters O Information written in other languages If you need these services; contact. - • Health and vision coverage: 1-800-352-2583 • Dental, life, and disability coverage: 1-888-223-4892 • Federal Employee Program: 1-800-333-2227 If you believe that we have failed to provide these services or discriminate on the basis of race, color, national origin, disability, age, sex, gender identity or sexual orientation, you can file a grievance with: Health and vision coverage (including F E P members): Section 1557 Coordinator 4800 Deerwood Campus Parkway, DCC 1-7 Jacksonville, FL 32246 1-800-477-3736 x29070 1-800-955-8770 (TTY) Fax: 1-904-301-1580 /� section1557coordinatorl� florida blue.co m Dental, life, and disability coverage: Civil Rights Coordinator 17500 Chenal Parkway Little Rock, AR 72223 1-800-260-0331 1-800-955-8770 (TTY) civilrightscoordinator�fclife.com c f IjI You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, the Section 1557 Coordinator is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for.Cii it Rights Complaint Portal, available at ocrportal.hhs.gov/ocr/portal/lobby.isf, by mail or phone at: i U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20211 1-800-368-1019 1-800-537-7697 (TDD) Com plaint forms are available at www.hhs.gov/ocr/office/file/index.html 12 ATENCI6N: Si habla espanol, tiene a su disposici6n servicios gratuitos de asistencia linguistica. Llame al 1-800-352-2583 (TTY: 1-877-955-8773). FEP: Llame al 1-800-333-2227 ATANSYON: Si w pale Krey61 ayisyen, ou ka resevwa yon ed gratis nan lang pa w. Rele 1-800-352-2583 (pou moun ki pa tande byen: 1-800-955-8770). FEP: Rele 1-800-333-2227 CHU Y: Neu ban n6i Tieng Viet, c6 dich vu tro giup ng6n ngir mien phi danh cho ban. Hay goi so 1-800- 352-2583 (TTY: 1-800-955-8770). FEP: Goi so 1-800-333-2227 ATENQAO: Se voce fala portugues, utilize os servigos linguisticos gratuitos disponiveis. Ligue para 1- 800-352-2583 (TTY: 1-800-955-8770). FEP: Li,/gue para 1-800-333-2227 :p19��' 1�L�AT ppa- a'X1-800-352-2583 (TTY: 1-800- 955-8770). FEP : p;UMI-800-333-2227 ATTENTION: Si vous parlez frangais, des services d'aide linguistique vous sont propos6s gratuitement. Appelez le 1-800-352-2583 (ATS : 1-800-955-8770). FEP: Appelez le 1-800-333-2227 PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. Tumawag sa 1-800-352-2583 (TTY: 1-800-955-8770). FEP: Tumawag sa 1-800-333- 2227 BH14MAH14E: EcnH Bbl rosopHTe Ha pyccxoM A3bixe, To BaM AocTynxbi 6ecn.naTHble ycnyrH nepeBoAa. 3BOHMTe 1-800-352-2583 (TeneTaHn: 1-800-955-8770). FEP: 3BOHmTe 1-800-333-2227 �-a►� �� �,) 3852-253-008-1 �jy J--.�l .v1� olli J] �I ys;I o�L.o11 �,LAv v!� ax111 �S�I ",;; �yS ��► ;a]�y� 7222-333-008-1 ?�y cel .0778-559-008-1 ATTENZIONE: Qualora fosse 1'italiano la lingua parlata, sono disponibili dei servizi di assistenza linguistica gratuiti. Chiamare it numero 1-800-352-2583 (TTY: 1-800-955-8770). FEP: chiamare it numero 1-800-333-2227 ACHTUNG: Wenn Sie Deutsch sprechen, stehen Ihnen kostenlos sprachliche Hilfsdienstleistungen zur Verrfugung.Rufnummer: +1-800-352-2583 (TTY: +1-800-955-8770). FEP: Rufnummer +1-800-333-2227 ��: oIT0J zlJ Ul �l JAI I CE. 1-800-352- r E EJ o ZT°d 2583 (TTY: 1-800-955-8770) -if- Ll 9-4 d11)\I 2. FEP: 1-800-333-2227 _EZ-' °1 of d' )\I 2. UWAGA: Je2eli m6wisz po polsku, mozesz skorzysta6 z bezplatnej pomocy jezykowej. Zadzwon pod numer 1-800-352-2583 (TTY: 1-800-955-8770). FEP: Zadzwon pod numer 1-800-333-2227. 44-.t: Irl ciA 31 -S -Z 1 w1cidl. ts-1, dl C-t:QlC-S %ML NtRzl RcU ctultl 341' GuC{C04 �. �14 8t1 1-800-352-2583 (TTY: 1-800-955-8770). FEP: �1at s21 1-800-333-2227 TfIfJ AA 111JmsavlT nW11-800-352-2583 (TTY: 1-800-955- 8770) Aa FEP Im 1-800-333-22]27 }I �q j / al I� 1313 uc. ^�JJ9m I'llITVJF [393 JI77I�`}/�`II{ O 1-800-352-2583 (TTY: 1-800-955-8770) 4�Z. JSM W1Z—C" < tzi;�1.N. FEP: 1-800-333-2227 j,.,_y!.,..) . ,l, �t , j � � i '41S Ls° L' -,U �)li� ' ,SI :A+_4 y cy� 1-800-333-2227 :FEP 1-800-352-2583 (TTY: 1-800-955-8770) Baa akoninzin: Dine bizaad bee yanilti'go, saad bee aka anawo', t'aa jiik'eh, na h61q Kojj' hodiilnih 1-800.- 3522583 (TTY: 1,-800-955-8770). FEP igii di koji' hodiilnih 1-800-333-2227.. 13 1l� -15 ,! , N -151-10 CURRENT PLAN 2020-2021 PP02 2021-2022 -- BlueMedicare Group PPO Advanced (Employer PPO MAD • Employer PPO i H5434-801/802 Year 2020 Nationwide 2021 Plan Financials $257.24 $257.42 Plan Premium Varies by Group $34.14 Premium Rebate N/A N/A Deductible In- Network $0 $0 Out -of -Network $2,000 $2,000 Maximum Out Of Pocket (INN only) $2,000 $1,000 Maximum Out Of Pocket (DON only) $4,000 $3,000 Combined Maximum Out Of Pocket $4,000 $3,000 Primary Care Physician (PCP) In -Network $35 Copayment $25 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Physician Specialist In -Network $50 Copayment $45 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Inpatient Hospital Acute (Includes Mental Health and Substance Abuse) In- Network $250 Copay Each Day for Days 1-7 $0 Copayment After Day 7 $200 Copay Each Day for Days 1-7 $0 Copay After Day 7 Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Inpatient Mental Health (limited to 190 days per lifetime) Psychiatric Facility In- Network $250 Copay Each Day for Days 1-7 $0 Copayment Per Days 8-90 $200 Copay Each Day for Days 1-7 $0 Copay Per Days 8-90 Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Skilled Nursing Facility (SNF) In- Network $0 Copayment Per Days 1-20 $100 Copay Each Day for Days 21-100 $0 Copay Per Days 1-20 $100 Copay Each Day for Das 21-100 Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Cardiac Rehabilitation Cardiac/intensive Cardiac Rehabilitation - All Locations In- Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Pulmonary Rehabilitation (Includes SET for PAD) Pulmonary Rehabilitation - All Locations In- Network $30 Copayment $30 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Emergency Services In -Network $75 Copayment $75 Copay Out -of -Network $75 Copayment $75 Copay Urgent Care Center In- Network $50 Copayment $30 Copay Out -of -Network $50 Copayment $30 Copay Convenient Care Center (e.g. Minute Clinics) In -Network $50 Copayment $30 Copay Out -of -Network $50 Copayment $30 Copay Worldwide Emergency/Urgent Services Worldwide Emergency/Urgent Benefit Maximum $25,000 $25,000 Emergency Care In -Network $75 Copayment $75 Copay Out -of -Network $75 Copayment $75 Copay Urgent Care In -Network $75 Copayment $75 Copay Out -of -Network $75 Copayment $75 Copay Worldwide Transportation In -Network Not Covered Not Covered Out -of -Network Not Covered Not Covered Partial Hospitalization (Care for Mental Health) In -Network $40 Copayment $40 Copay Outof-Network DED & 40% Coinsurance DED & 40% Coinsurance -151-10 BlueMedicare Group PPO Advanced (Employer PPO • Employer PPO OEM= H6434-801/802 Year Home Health Services 2020 Nationwide 2021 In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance' Hospice - Medicare -Covered Initial Consultation In -Network $0 Copayment $0 Copay Out -of -Network $0 Copayment $0 Copay Chiropractic In -Network $20 Copayment $20 Copay j Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Occupational Therapy Rehab Freestanding or Office ' In -Network $40 Copayment $35 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Outpatient Hospital In -Network $40 Copayment $35 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance, Mental Health Specialty - Non Physician Level Group Sessions -All Locations In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Individual Sessions - All Locations In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance, Podiatry Medicare -Covered In -Network $50 Copayment $45 Copay Out -of -Network DED & 40% Coinsurance DEO & 40% Coinsurance. Routine Supplemental Benefit Max: 6 visits per year In -Network $50 Copayment N/A Out -of -Network DED & 40% Coinsurance N/A Other Professional Services I In -Network $0 Copayment $20 Copay for Acupuncture $0 Copay All Other Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Psychiatric Services - Physician Level Group Sessions - All Locations In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Individual Sessions - All Locations i In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Physical and Speech Therapy Rehab Freestanding or Office In -Network $40 Copayment $35 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance: Outpatient Hospital In -Network $40 Copayment $35 Copay Outof-Network DED & 40% Coinsurance DED & 40% Coinsurance - - 'ro BlueMedicare Group PPO Advanced Employer PPO [j a Employer PPO • :i :i H5434-8011802 Year i Nationwide 2021 Additional Telehealth Services w j In -Network S �I Additional Telehealth Programs not offered. For Medicare Part B covered Telehealth Services: PCP $35 Copayment Specialist $50 Copayment Seethe CMS list of telehealth services for more info. $30 Copay for Urgently Needed Services $25 Copay for Primary Care Services $30 Copay for OT/PT/ST at a freestanding location $30 Copay OT/PT/ST at an outpatient hospital $45 Copay for Dermatology Services $40 Copay for individual sessions for outpatient Mental Health Specialty Services $40 Copay for individual sessions for outpatient Psychiatry Specialty Services $40 Copay for Opioid Treatment Program Services t $40 Copay for individual sessions for outpatient Substance Abuse Specialty Services $0 Copay for Diabetes Self -Management Training $0 Copay for Dietician Services I Out -of -Network Medicare Part B covered services: DED & 40% Coinsurance DED & 40% Coinsurance Opioid Treatment Programs In -Network $40 Copayment $40 Copay Outof-Network DED & 40% Coinsurance DED & 40% Coinsurance Laboratory Independent Laboratory (Quest) In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Outpatient Hospital In -Network $30 Copayment $30 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Diagnostic Procedures and Tests (Ultrasound, etc.) Allergy Testing - All Locations In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Independent Diagnostic Testing Facility In -Network $100 Copayment $30 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance , Outpatient Hospital In -Network $250 Copayment $100 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Advanced Imaging Services Physician Office In -Network $175 Copayment $75 Copay Outof-Network DED & 40% Coinsurance DED & 40% Coinsurance I Independent Diagnostic Testing Facility In -Network $175 Copayment $100 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Outpatient Hospital Facility In -Network $250 Copayment $150 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance X -Rays Independent Diagnostic Testing Facility In -Network $100 Copayment $50 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Outpatient Hospital In -Network $250 Copayment $150 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Therapeutic Radiological Services (Radiation Therapy) All Locations In -Network $50 Copayment 20% Coinsurance Outof-Network DED & 40% Coinsurance DED & 40%, Coinsurance �31-I� '} RPM BlueMedicare Group PPO Advanced Em to er PPO • Employer PPO H5434-801/802 Year 2020 Nationwide 2021 Outpatient Hospital Services Outpatient Hospital Surgery In -Network $250 Copayment $250 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Observation In -Network $75 Copayment $75 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance All Other Services not specified in another benefit category In -Network $250 Copayment $250 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Ambulatory Surgical Center In -Network $175 Copayment $200 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Outpatient Substance Abuse Services Group Sessions -All Locations In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Individual Sessions - All Locations In -Network $40 Copayment $40 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Blood Services (3 pint deductible waived) In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Ambulance Services (included mileage) Ground Ambulance Emergency/Non-Emergency In -Network $150 Copayment $200 Copay Out -of -Network $150 Copayment $200 Copay Air Ambulance (Rotary and Fixed Wing) In -Network $150 Copayment $200 Copay Out -of -Network $150 Copayment $200 Copay Routine Transportation Services (Non -emergency without mileage) In -Network N/A N/A Out -of -Network N/A N/A Durable Medical Equipment Motorized Wheelchairs and Electric Scooters In -Network 20% Coinsurance 20% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Drugs Administered Through DME ' In -Network 20% Coinsurance 20% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance All Other Medicare -Covered Equipment and Related Supplies In -Network 0% Coinsurance 0% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Prosthetic and Orthotics and Related Supplies In -Network $0 Copayment 20% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Diabetic Supplies In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Diabetic Therapeutic Shoes In -Network $0 Copayment $0 Copay Outof-Network DED & 40% Coinsurance DED & 40% Coinsurance u 990 BlueMedicare Group PPO Advanced (Employer PPO • Employer PPO H5434-801/802 Year i Nationwide 2021 Renal Dialysis All Locations In -Network 20% Coinsurance 20% Coinsurance Out -of -Network 20% Coinsurance 20% Coinsurance Acupuncture In -Network N/A See Other Professional Services category for Medicare -covered Part B Acupuncture N/A See Other Professional Services category for Medicare -covered Part B Acupuncture Out -of -Network N/A N/A Over -the -Counter Items Navarro N/A N/A Out -of -Network N/A N/A Meal Benefit In -Network N/A N/A Out -of -Network N/A N/A Preventive Services: Alcohol Misuse Screening and Counseling , Annual Wellness Visits (AWV), Barium Enemas, Bone Mass Measurements, Cardiovascular Disease Screening Tests, Colorectal Cancer Screening, Counseling to Prevent Tobacco Use, Depression Screening, Diabetes Screening, Diabetes Self -Management Training, Digital Rectal Exams, EKG following Welcome Visit (PPE), Glaucoma Screening, Hepatitis B Virus Screening, Hepatitis B Vaccine and Administration, Hepatitis C Virus Screening, HIV Screening, Influenza Virus Vaccine and Administration, Initial Preventive Physical Exam (IPPS), IBT for Cardiovascular Disease, IBT for Obesity, Lung Cancer Screening (LDCT), Medical Nutrition Therapy, Pneumococal Vaccine and Administration, Prostate Cancer Screening, Screening for Cervical Cancer with HPV Tests, STI/STD Screening with HIBC, Screening Mammography, Screening Pap Tests, Screening Pelvic Exam and Clinical Breast Exam, Ultrasound Screening for Abdominal Aortic Aneurysm (AAA) In -Network $0 Copayment $0 Copay Out -of -Network 40% Coinsurance 40% Coinsurance Diabetes Prevention Program In -Network $0 Copay $0 Copay Out -of -Network 40%, Coinsurance 40%, Coinsurance Fitness Gym Membership SilverSneakers Locations $0 Copayment $0 Copay Out -of -Network N/A N/A Food as Pharmacy In -Network N/A N/A Out -of -Network N/A N/A Caregiver Support Program In -Network N/A N/A Out -of -Network N/A N/A At -Home Care - Papa In -Network N/A N/A Out -of -Network N/A N/A Kidney Disease Education Services In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Medicare Part B Drugs Chemotherapy Drugs In -Network 20% Coinsurance 20% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance All Other Medicare Part B Drugs In -Network 20% Coinsurance 20% Coinsurance Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Allergy Injectable Antigen Serum In -Network $10 Copayment $5 Copay Outof-Network DED & 40% Coinsurance DED & 40%, Coinsurance 13` -20 -131-2,1 c- BlueMedicare Group PPO Advanced (Employer PPO • Employer PPO H5434-801/802 Year 2020 Nationwide 2021 Dental Services - Medical Medicare -Covered Services In -Network $50 Copayment $45 Copay Out -of -Network' DED & 40% Coinsurance DED & 40% Coinsurance Vision Services - Medical Medicare -Covered Services In -Network $50 Copayment $45 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Diabetic Retinal Eye Exam In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Medicare-CoveredEyewear following Cataract Surgery In -Network $0 Copayment $0 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance Hearing Services - Medical Medicare -Covered Services In -Network $50 Copayment $45 Copay Out -of -Network DED & 40% Coinsurance DED & 40% Coinsurance HealthyBlue Rewards Members receive gift cards and other rewards for receiving preventive care screenings, or participating in wellness programs. Members receive gift cards and other rewards for receiving preventive care screenings, or participating in wellness programs. -131-2,1 CURRENT PLAN 2020-2021 Rx2 2021-2022 13 (-zZ Annual Deductible $0 $0 Initial Coverage Limit (Gap Begins) $4,020 $4,130 True Out -of -Pocket (Catastrophic Begins) $6,350 $6,550 Excluded Drug Tiers N/A N/A Preferred Pharmacies Initial Coverage Stage Preferred In -Network 31 day supply N/A N/A Walgreens, Walmart, PillPack $3 90 day supply N/A $9 Standard In -Network 31 day supply $10 $10 90 day supply $30 $30 Mail Order In -Network 31 day supply $0 $0 90 day supply $0 $0 Out -of -Network 31 day supply $10 $10 Long Term Care 31 day supply $10 $3 Preferred In -Network 31 day supply N/A $8 90 day supply N/A $24 Standard In -Network 31 day supply $10 $15 90 day supply $30 $45 Mail Order In -Network 31 day supply $0 $8 90 day supply $0 $8 Out -of -Network 31 day supply $10 $15 Long Term Care Preferred In -Network 31 day supply 31 day supply $10 N/A $8 $35 90 day supply N/A $105 Standard In -Network 31 day supply $40 $40 90 day supply $120 $120 Mail Order In -Network 31 day supply $40 $35 90 day supply $80 $70 Out -of -Network 31 day supply $40 $40 Long Term Care Preferred In -Network 31 day supply 31 day supply $40 N/A $35 $65 90 day supply N/A $195 Standard In -Network 31 day supply $70 $85 90 day supply $210 $255 Mail Order In -Network 31 day supply $70 $65 90 day supply $140 $195 Out -of -Network 31 day supply $70 $85 Long Term Care 31 day supply $70 $65 13 (-zZ 13�-23 -13f" `13i -25 CURRENT PLAN 2020-2021 2021-2022 -- ----- ij�^D7 --- BlueMedicare Group PPO Advanced (Employer PPO .m-: Employer PPO H6434-801/802 Year SilverSneakers Locations 2020 $0 Copay Nationwide 2021 $0 Copay �.NOW Total Preventive/Comprehensive Benefit Maximum Out -of -Network N/A �&19.12101• N/A NIA �• • NIA Periodic Oral Exam (D0120) Benefit Limit 2 per year 2 per year In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50%, of non -participating rates Comprehensive Oral Exam (D0150) Benefit Limit 1 Per Lifetime, Per Dentist Counts against exams limit 1 Per Lifetime, Per Dentist Counts against exams limit In -Network $0 Copay $0 Copay Out -of -Network Member pays upfront and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50% of non -participating rates Cleaning (131110) Benefit Limit 1 Per 6 Months 1 Per 6 Months In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50% of non -participating rates Full -Mouth Series X-rays (D0210, D0330) Benefit Limit 1 Every 36 Months 1 Every 36 Months In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50%, of non -participating rates Bitewing X-rays (D0270, D0272, D0273, D0274, D0277) Benefit Limit 1 Every 12 Months 1 Every 12 Months In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50%, of non -participating rates Endodontics/Periodontics/Extractions (Extraction (D7140) Benefit Limit 2 per Year Up To 2 Per Year In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50% of non -participating rates Denture Adjustment - Complete or Partial (D5410, D6411, D5421, or D5422) Benefit Limit 2 per Year Up To 2 Per Year In -Network $0 Copay $0 Copay Out -of -Network Member pays up front and is reimbursed 50% of non -participating rates Member pays up front and is reimbursed 50%, of non -participating rates `13i -25 BlueMedicare Group PPO Plan Name M=EGWP PP02 • (Employer•• pl, an1TYPe Employer�PPO ' ' • 'Cintract-Plan_Benefit Package H5434-8011802 iQ=1 Nationwide Routine Eye Exams (1 Every 12 Months) $0 Copay In -Network $0 Copay $0 Copay Member must pay 100% of the charges and Member must pay 100% of the charges and In -Network submit the itemized receipt(s) for submit the itemized receipt(s) for Out -of -Network reimbursement of 50% of the in -network allowed reimbursement of 50% of the in -network amount. allowed amount. Eyewear (Lenses, Frames, Contacts) Member must pay 100% of the charges and Member must pay 100% of the charges and submit the itemized receipt(s) for submit the itemized receipt(s) for $100 Allowance per year towards the purchase I $100 Allowance per year towards the Benefit Maximum of lenses, frames or contacts. purchase of lenses, frames or contacts. J �)� -20 $0 Copay $0 Copay Subject to the annual maximum plan benefit Subject to the annual maximum plan benefit allowance. In -Network allowance. Member responsible for any amounts in Member responsible for any amounts in excess excess of the annual maximum plan benefit of the annual maximum plan benefit allowance. allowance. Member must pay 100% of the charges and Member must pay 100% of the charges and submit the itemized receipt(s) for submit the itemized receipt(s) for reimbursement of 50% of the in -network allowed reimbursement of 50% of the in -network amount. allowed amount. Member is responsible for all amounts in excess Member is responsible for all amounts in Out -of -Network of the 50% in -network allowed amount and/or excess of the 50% in -network allowed any amounts in excess of the annual maximum amount and/or any amounts in excess of the plan benefit allowance. annual maximum plan benefit allowance. Total reimbursement is subject to the annual Total reimbursement is subject to the annual maximum plan benefit allowance. maximum plan benefit allowance. Routine Hearing Exams (1 every year) Benefit Maximum 1 every 12 months 1 every 12 months In -Network $0 Copay $0 Copay Member must submit receipts for Member must submit receipts for Out -of -Network reimbursement at 50% of maximum allowed. reimbursement at 50% of maximum allowed. Hearing Aid Evaluation and Fitting In -Network $0 Copay $0 Copay Member must submit receipts for Member must submit receipts for Out -of -Network reimbursement at 50% of maximum allowed. reimbursement at 50% of maximum allowed. Hearing Aids $350 maximum allowance for each hearing $350 maximum allowance for each hearing aid. aid. Up to 2 hearing aids every year. Up to 2 hearing aids every year. Benefit Maximum Hearing aids must be purchased through Hearing aids must be purchased through NationsHearing to receive in -network benefits. NationsHearing to receive in -network benefits: $0 Copay $0 Copay Subject to Benefit Maximum. Subject to Benefit Maximum. In -Network Member is responsible for any amount after the Member is responsible for any amount after benefit allowance has been applied. the benefit allowance has been applied. Member must submit receipts for Member must submit receipts for reimbursement at 50% of maximum allowed. reimbursement at 50% of maximum allowed. Out -of -Network Subject to Benefit Maximum. Subject to Benefit Maximum. Member is responsible for any amount after the Member is responsible for any amount after benefit allowance has been applied. the benefit allowance has been applied. J �)� -20 1641 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 16, 2021 SUBJECT: Home Occupation Preemption During the 2021 Legislative session, the Florida Legislature enacted HB 403, which preempts local governments from regulating certain types of homebased businesses. HB 403 was signed by Governor DeSantis on June 29th and went into effect on July I". Under HB 403, a home occupation is exempt from the County's Land Development Regulations if it meets the following criteria: (i)The employees of the home occupation who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the residential dwelling. (ii) Parking related to the business activities of the home occupation complies with the County Land Development Regulation requirements and the need for parking generated by the home occupation may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. (iii) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (iv) The activities of the home occupation are secondary to the property's use as a residential dwelling. 732 Board of County Commissioners July 16, 2021 Page 2 (v) The business activities comply with the County Land Development Regulations or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. (vi) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. HB 403 does allow local governments to regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. HB 403 defines "heavy equipment" as commercial, industrial, or agricultural vehicles, equipment, or machinery. Thus, in order to comply with the new requirements, County staff has drafted the proposed ordinance, which codifies the preemption established per HB 403, but otherwise preserves the County's existing home occupation requirements for those home businesses that do not qualify for the exemption. FUNDING. The notice for the public hearing cost $157.32 and will be paid out of MSTU Fund/County Planning/Legal Ads, Acct 400420515-034910 RECOMMENDATION. The County Attorney recommends that the Chairman open the public hearing, take input from the public, and then close the public hearing, and that the Board then approve the proposed ordinance as presented or as amended. ATTACHMENTS. Proposed Ordinance 733 ORDINANCE NO. 2021 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 911.13 (SPECIAL DISTRICTS) OF CHAPTER 911 (ZONING) AND SECTION 912.05 (ALLOWABLE USES: LOCATIONS FOR SINGLE-FAMILY DEVELOPMENT AND USES ALLOWED IN SINGLE- FAMILY AREAS) AND SECTION 912.10 (CONSTRUCTION; BUILDING PERMIT REVIEW, APPROVAL, INSPECTION) OF CHAPTER 912 (SINGLE-FAMILY DEVELOPMENT) AND SECTION 956.16 (REGULATIONS FOR PERMANENT IDENTIFICATION SIGNS REQUIRING PERMITS) OF CHAPTER 956 (SIGN REGULATIONS) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO EXEMPT THOSE HOME OCCUPATIONS EXEMPT PER STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2021 Legislative session, the Florida Legislature enacted HB 403, which preempts local governments from regulating certain types of homebased businesses; and WHEREAS, HB 403 was signed by Governor DeSantis on June 29th and went into effect on July 1St; and WHEREAS, the Code of Indian River County needs to be amended, in order to be consistent with HB 403, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authoritv. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 911.13 (Special Districts) of Chapter 911 (Zoning). New language indicated by underline, and deleted language indicated by stFikethFGUgl 734 Section 911.13 (Special Districts) of Chapter 911 (Zoning) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 911- ZONING Section 911.13.- Special Districts. (3) ROSE -4: Roseland Residential District. (d) Home occupations 1. New home occupation uses. New home occupation uses are allowed subject to the requirements'established in Chapter 912, Single -Family Development. 2. Existing nonconforming home businesses. Any nonconforming home business existing on January 19, 1988, which is not otherwise exempt per section 912.05 of the Code, shall be considered a vested nonconforming use, provided it meets the following criteria: a. The owner shall submit information on a form acceptable to the county which verifies that the business has existed at its current location since February 24, 1982. Verification of existence shall be through presentation of one of the following or a combination of the following materials: I. Originals or,copies of occupational licenses issued by the Indian River County tax collector's office that the business has maintained an active occupational license at its current location since February 24, 1982; II. Business records, including ledgers, invoices, sales receipts, and other evidence showing existence in that location since February 24, 1982; III. Cancelled checks issued by the business at its current location dating back to February 24, 1982; IV. Proof of exemption from local licensing and zoning regulations; V. Evidence that the use has been granted a grandfathered status by Indian River County. 735 Once all information has been submitted, the community development department staff shall notify the applicant if additional information is required. Based on the information provided, the staff shall either approve or deny the grandfather request. Any individual denied grandfathering status by the staff may appeal the decision. All appeals shall be submitted in writing to the director of community development within fifteen (15) days of the denial. Appeals of this section shall be heard by the planning and zoning commission. b. Verification of existence for businesses which qualify under this ordinance must be received by the Indian River County community development department within forty-five (45) days of the effective date of this chapter. All qualified businesses presenting verification shall be issued an Indian River County certificate of zoning approval demonstrating compliance with this chapter. Any qualified business which fails to comply with this ordinance shall be deemed an illegal use and be subject to all penalties under the Codes of Indian River County.' c. All businesses qualifying with and complying with this chapter shall continue operating under and be subject to the guidelines of Chapter 904, Noncohformities, and all other applicable codes and laws of Indian River County. Section 3. Amendment of Sections 91.2.05 (Allowable uses; where single-family uses are allowed and other uses are allowed in single-family areas) and 912.10 (Construction; building permit review,' approval, inspections) of Chapter 912 (Single -Family Development). New language indicated by underline, and deleted language indicated by strikethrough. Sections 912.05 (Allowable uses; where single-family uses are allowed and other uses are allowed in single-family areas) and 912.10 (Construction; building permit review, approval, inspections) of Chapter 912 (Single -Family Development) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 912- SINGLE-FAMILY DEVELOPMENT Section 912.05. - Allowable uses: locations for single-family development and uses allowed in single-family areas. (6) Home occupations. 736 (A) Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions: (B) Authorized home occupations. Except as set forth in subsection (G) below, the The following home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district. 1. Artists and sculptors; 2. Authors and composers; 3. Dressmakers, seamstresses and tailors; 4. Computer programming; 5. Home crafts, such as model making, rug weaving, lapidary work, and ceramics; 6. Office facility of a minister, rabbi, priest or other similar person associated with a religious organization; 7. Office facility of a salesman, sales representative, or manufacturers representative, provided that no retail in person or wholesale transactions are made on the premises, and that no clients are attracted to the premises; 8. Telephone answering services; 9. The renting of not more than one room for rooming or boarding persons who are not transients; 10. Similar uses which do not involve in person retail or wholesale sales transactions on the premises, employment of persons on the premises other than occupants of the dwelling, and any mass production assembly, processing, or fabrication operations; 11. Child care service for five (5) or fewer children who are not related to the operator; 12. Realtors; 13. Licensed contractors. (C) Non -authorized home occupations. Except as set forth in subsection (G) below, the T -he following are not permissible home occupations: 1. Automotive repair or paint shops; 2. Barber shops and beauty shops; 737 3. Child care centers for more than five (5) children who are not related to the operator; 4. Dog grooming services; 5. Food service establishments; 6. Funeral chapels, funeral homes; 7. Giftshops; 8. Massage parlors; 9. Nursing homes; 10. Medical or dental laboratories; 11. Outdoor repair; 12. Rental of any equipment or other items; 13. Restaurants; 14. Veterinary hospitals and clinics; 15. Similar uses not strictly in compliance with this section and the spirit and intent of the zoning ordinance and the Indian River County Comprehensive Plan. (D) Use limitations. Except as set forth in subsection (G) below, in 4R addition to the regulations applicable in the zoning district in which located, all home occupations shall be subject to the following limitations and requirements. 1. Location. A home occupation shall be conducted within a dwelling which is the bona fide residence of the principal practitioner or in any building accessory thereto which is normally associated with a residential use. 2. Merchandise. No stock in trade shall be displayed or sold on the premises. 3. Exterior alterations. No alterations to the exterior appearance of the principal residence or premises shall be made which change the character thereof as a residence. 4. Outdoor display or storage. No outside display of goods or outside storage of equipment or material used in the home occupation shall be permitted. 5. Employees. No persons other than an occupant of the dwelling shall be allowed to work on the premises. Non-resident employees may be 738 employed under the home occupation, but only for off -premise conduct of the home occupation. In such cases, no more than two (2) non-resident employees shall be allowed to park their vehicles or meet on the home occupation premises. 6. Level of activity. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof. 7. Parking. Parking generated by the conduct of such home occupation shall be met off the street. 8. Equipment processes. No equipment or process shall be used in such home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. 9. Signs. No signs accessory to such home occupation shall be displayed except as permitted or authorized by applicable county sign regulations. 10. Licenses, permits. A home occupation shall be subject to all applicable licenses and permits. (E) Application and fees. Except as set forth in subsection (G) below, any Any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the planning division. The application shall be on a form provided by the planning division and shall include all information required for a complete application. All such applications shall also be accompanied by a fee, as established by the board of county commissioners. Applications shall be approved, approved with conditions, or denied by the community development director. (F) Appeal of community development director decisions. The community development director's decision on a home occupation application may be appealed within ten (10) working days of the date the decision is rendered. Any appeal may be made by an applicant or affected party. Any valid appeal must be received in writing by the planning division within ten (10) working days of the director's decision. The appeal shall state what aspect of the decision is being appealed and the reasons for and justification for the appeal with specific reference to the regulations and requirements of this subsection. The appeal shall be heard by the planning and zoning commission. Decisions of the planning and zoning commission may be appealed to the board of county commissioners. 739 The appeal process is also defined in Chapter 902 of the land development regulations. (G) A home occupation that operates from a residential property as provided below: (a) May operate in an area zoned for residential use. (b) Shall be subject to any prohibitions, restrictions, regulations, or license requirements as set forth for similar businesses under the County Land Development Regulations. (c) Is subiect to the applicable business taxes under chapter 205, Florida Statutes. (d) A home occupation is otherwise exempt from the requirements of the County Land Development! Regulations pertaining specifically to home occupations, if it operates, in whole or in part, from a residential property and meets the following criteria: (i)The employees of the home occupation who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the residential dwelling. (ii) Parking related to the business activities of the home occupation complies with the County Land Development Regulation requirements and the need for parking generated by the home occupation may notbe greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. (iii) As viewed from,the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. 740 (iv) The activities of the home occupation are secondary to the Property's use as a residential dwelling. (v) The business activities comply with the County Land Development Regulations or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. (vi) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. * * * Section 912.10. - Construction; building permit review, approval, inspection. The building division reviews, approves, permits, and inspects regulated construction activities. (1) Construction activities for which application approvals and/or permits are required include the following: (a) Permits or approvals given over-the-counter (while you wait) include: [1] Driveway construction/uncovered slab permit; [2] Fence/wall permit; i [3] Accessory structures permit; [4] Demolition permit; [5] Re -roofing permit; [6] Minor alteration permit;, [7.] Construction and subcontractor "trade" permits (electrical, plumbing, mechanical). (b) Permits or approvals requiring more detailed review include: [1] Concurrency certificate; [2] Construction of single-family home (including alterations/additions); [3] Tree removal and land clearing permit; [4] Right-of-way permit; [5] Type "C" stormwater management permit; [6] Pond permit; 741 [7] Mangrove alteration permit; [8] Temporary use permit; . [9] Home occupation permit, unless exempt per section 912.05; [10.] Release of easement; [11.] Covenant for removal of structure in easement; [12.] Drainage district permit (non -county); [13.] Well and septic tank permit (non -county); [14.] DNR construction seaward of CCCL (non -county). Section 4. Amendment of Section 956.16 (Regulations for permanent identification signs requiring permits) of Chapter 956 (Sign Regulations). New language indicated by underline, and deleted language indicated by strikethrough. Section 956.16 (Regulations for permanent identification signs requiring permits) of Chapter 956 (Sign Regulations) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 956. = SIGN REGULATIONS * * * Section 956.16. - Regulations for permanent identification signs requiring permits. The schedule of regulations for permanent signs requiring permits is stipulated in Table 1 which is located at the end of this chapter. The tabular schedule denoted in Table 1 identifies regulations governing the following sign characteristics: 1) maximum cumulative signage; 2) maximum signage on a single face; 3) maximum height; 4) required setbacks from the right-of-way and property lines; 5) number of allowable signs per street frontage. The following subsections describe supplemental regulations for managing permanent signs requiring permits, excepting that signs at a single-family residence or duplex shall not require a permit. The terms "residential zoning districts" and "nonresidential zoning districts" are defined in Chapter 901, Definitions. (1) Identification signs for residential zoning districts. (a) Single-family residence or duplex. A sign indicating only the name and/or address of the occupant or premises for each dwelling unit may be installed without a permit provided each sign has a maximum area not exceeding two (2) square feet, excluding mail -boxes, and shall not be higher than five (5) feet above the crown of the nearest road unless the sign is mounted flush against the wall of a building. 742 (b) Residential developments of three (3) units or more. Signs shall be restricted to one facade or freestanding sign per street frontage indicating the name and/or address of the premises, provided the signs comply with the criteria cited in Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development. (c) Subdivision entrance signs. One such sign may be permitted an each side of the principal entrance to a residential subdivision. All such signs shall satisfy Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development. (d) Identification signs for approved nonresidential uses within residential districts. 1. For approved uses other than residential uses, one permanent freestanding or facade identification sign per street frontage shall be permitted on any premises. This provision shall not be construed to include home occupation uses, unless such uses are exempt per section 912.05 of the Code. Such signs shall comply with Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." 2. Registered real estate brokers operating an office at their residences as a home occupation, who are not exempt under section 912.05 of the Code, may place an identifying sign containing letters not more than one inch high on the exterior of the building. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 7. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 8. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 6th day of August, 2021, for a public hearing to be held on the 17th day of August, 2021, at which time it was 743 moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman, Joseph E. Flescher Vice -Chairman, Peter D. O"Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA in ATTEST: Jeffrey R. Smith, Clerk and Comptroller Joseph E. Flescher, Chairman By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of 12021. 744 Treasure Coast Newspapers PART OFTHE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published In the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 08106/2021 scribed and sworn to before on August 6, 2021: zu'u lldltea Notary, -Slate, of WI_" of Brown o . My commissioA expire Publication Cost: $157.32 Ad No: 0004834889 _ Customer No: 1310785 F������� PO #: AMY KO KOTT Notary Public #ofAffidavits 1 I State of Wisconsin - ausmwwertrrnsz.w NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 911.13 (SPECIAL DISTRICTS) OF CHAP- TER 911 (ZONING) AND SEC- TION 912.05 (ALLOWABLE USES: LOCATIONS FOR SIN- GLE-FAMILY DEVELOPMENT AND USES ALLOWED IN SIN- GLE-FAMILY AREAS) AND SEC- TION 912.10 (CONSTRUCTION; BUILDING PERMIT REVIEW, APPROVAL, INSPECTION) OF CHAPTER 912 (SINGLE-FAMILY DEVELOPMENT) AND SECTION 956.16 (REGULATIONS FOR PERMANENT IDENTIFICATION SIGNS REQUIRING PERMITS) OF CHAPTER 956 (SIGN REGU- LATIONS) OF THE CODE OF INDIAN RIVER COUNTY IN OR- DER TO EXEMPT THOSE HOME OCCUPATIONS EXEMPT PER STATE STATUTE; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFEC- TIVE DATE. The Public healing will be held on Tuesday, August 17, 2021 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Com- mission Chambers located on the first floor of Building A of respect to rough Friday) at the Of-. the Clerk to the Board inty Commissioners lo- on the second floor of ig A of the "County Ad- 4tive Complex 1861 treet, V&..o.0eac}t, Florl- aitematively; the pro - ordinance rnav be ;in- tim record of the proceedings is made, which includes: testl- monyy..and . evidence upon which the appeal is based. Anyone Who.'tieeds a special accorrlmodatiom for this nieet- ing must contact the County s Americans With Disabil;t es Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIRMAN Pub: August 6, 2021 TCN4834889 104a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: August 6, 2021 SUBJECT: Request from National Health Transport, Inc. for a Class `B" Certificate of Public Convenience and Necessity to Provide Non - Emergency Ambulance Inter -Facility Transports Originating from Indian River County - Administrative It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. Background: Chapter 304 of the Indian River County Code of Ordinance (the "Code") governs certificates of public convenience and necessity in Indian River County for various uses, including wheelchair vehicle services. Per section 304.07 of the Code, after an application has been received by Indian River County, the EMS director makes an investigation and a determination of the public need for the proposed service in the geographical area requested. As part of this investigation, the EMS director contact the medical director, all other service providers in the county, and any municipality in which the applicant desires to provide service. The EMS director also is required to schedule a public hearing before the Board with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing, the Board shall consider the EMS director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. 745 In making his recommendation, the EMS director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non -emergency medical transport service. (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the EMS director. Analysis: On June 1, 2021, National Health Transport, Inc. submitted an application for Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County. Pursuant to the Code, staff initiated an investigation to be made regarding the application. There are five (5) other providers who hold a Class "B" certificate in the County as follows: All County Ambulance American Ambulance Cleveland Clinic Advanced Medical Transport Coastal Health Systems of Brevard Inc. United Medical Transportation At an informal meeting, which was held on July 1, 2021, all current providers, municipalities, and interested groups were invited to attend for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. Only one of the current providers attended the meeting and they raised a few concerns over the impacts generated by National Health Transport, Inc. but will discuss those at the Public Hearing should they choose to. Recommendation: Staff recommends that the Board approve and grant a Class `B" COPCN to National Health Transport, Inc for a period of two (2) years. Attachments: 1. Application for Certificate of Public Convenience and Necessity for National Health Transport, Inc. *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:OOpm, Monday through Friday) at the Offices of Emergency Services.* 746 pSMFy� INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR FNcy s�' CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: National Health Transport, Inc. DATE: 5-26-2020 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. This is a new application; fee is attached. O This is a renewal of our present COP& ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A O ❑BLS ❑ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B O ❑✓ BLS RIALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ 12whesichair .lel Wheelchair/Stretcher,❑Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ 0wheelchair ,n Wheelchair/Stretcher 12Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. UABeth\Beth Casano EOCICOPCMRENEWAL PACKET&COPCN Applic atfon.doc 747 U. COMPANY DETAILS 1. NAME OF AGENCY: National Health Transport, Inc. MAILING ADDRESS. 2290 NW 110th Avenue CITYSweetwater COUNTYMiami-Dade ZIP CODE: 33172 BUSINESS PHONE: (305) 636-5503 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Corporation (private) 3. MANAGER'S NAME:Mike Desouza ADDRESS: 930 SE Central Parkway Stuart, FL 34995 PHONE #: 954-616-9000 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Raul Rodriguez 2290 NW 110th Ave. Sweetwater, FL. 33172 President 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME' ADDRESS PHONE # Cory Richter 714 W Fischer Cir. Sebastian,FL 33958 772-633-3929 Darlene Silverstein 1000 36th St Vero Beach, FL. 32960 772-567-4311 Jen Michalowski 2150 SE Salerno Rd, Ste 108 Stuart, FL 34997 772-807-0415 WBeth\8eth Casano EOCTOPCMRENEWAL PACKETS\COPCN Applicabon.doc '798 6. FUNDING SOURCE: Self 7. RATE SCHEDULE ATTACHED? YES @ NO O N/AO 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 930 SE Central Parkway Stuart; FL 34995 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola 1. RADIO FREQUENCY (ies) See attached contract with Highland Wireless --------- --- ..- 2. RADIO CALL NUMBER($) WQY\1483 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All via Med-10 All via phone UABeth\Beth Casano EOMCOPCMRENEWAI PACKETS\COPCN Application.doc B49 Federal Communications Commission Public Safety and Homeland Security Bureau � y s RADIO STATION AUTHORIZATION LICENSEE: NATIG1OME HEALTI3 TRANSPORT INC Call Sip File Number 1 WQYV483 0007636881 Radio Service ATTN: RAUL RODRI I PW -Public Safety Pool, Conventional NATIONAL HEALTHTRANS , Ti 2950 NW 7TH AVE MIAMI, FL 33127 = ' Regulatory Status. PMRS ' Frequency Coordination Number FCC Registration Number (FRN): 002 jy.$ i 8 PS20170200019 Grant Date Ef ec `e'�badl Expiration Date Print Date 02-02-2017 02-6#017 -;i' ► 02=02-2027 02-03-2017 STATION UCMICAL SPECIFICATIONS Fixed Location Address.or Mobile Area of Operation' Loc. i Area of operation Countywide: MIAMI -DARE; FL - r Antennas Loc Ant Frequencies Sta. No. No. E i on-' Ou ut ERP Ant. Ant. Construct No. No. (MHa) Cls. Units Pagers _ D . - ator Pow , (watts) Ht./TpAAT (wa ;}� meters meters Deadline Date 1 1 000463.00000000 MO 20 11 3E 100. 00 100.000 02-02-2018 „ 1 1 000468.00000000 MO 20 llK2F3E00,000 ]00.000 02-02-2018 1 1 000463.02500000 MO 20 lIK2F3E 00`00%- 10� 000 02-02-2018 _ �1. 1 1 000463.16250000 MO 20 11K2F3E IOQ.000'�11 02-02-2018 1 I 000468.16250000 MO 20 I MME 100.000 ;,190Mb 02-02-2018 4, 1 1 000468.18750000 MO 20 HUM 100.000000.r:/ 02-02-2018 Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the tern thereof nor in any other manner than authorized herein. Neither the license noir the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. FCC 601-ULSHSI Page 1 of 4 Ay V007 e Licensee Name: NATIONAL HEALTH TRANSPORT 11 Call Sign: WQYV483 File Number' 0007636881 Print Date: 02-03-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP .Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator. Power (watts) HtJTp AAT Deadline (watts) meters meters Date 1 1 000462.95000000 MO 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000467.95000000 MO 20 11K2F3E 100.000 100.000 OM2 -2018. 1 1 000462.96250000 _ t� MO 20. HUME 100:000 100.000 02-02-2018 1 1 000467.96250000 20 1. MF3E 100.000 100.000 02-02=2018 . 1 1 000462.97500000 120 11K2F3E 100.000 100.000 02-02-2018 1 1 000467.97500000` M 20 IMME 100.000 100.000 02-02-2018 1 1 000462.98750000 �10 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000467.98750000: MFb: 20: s. I MME 100.000 100.000 02-02-2018 1 1 000468.17500000 MO X20. 11K2F3E 100.000 100.060 02-02-2018 1 1 000468.02500000 MO 20` ''2i 11K2F3E 100.000 100.000 02-02-2018 1 1 000463.05000000 MO 20 ;1K2P3E 100.000 100.000 02-02-2018 1 1 000468.05000000 MO 20 HUM 100.000 100.000 02-02-2018 1 1 000463.07500000. MO 10 11K-IF3$:0" 166000 100.000 02-02-2018 1 1 000468.07500000 MO 20 11 -2 3E 100.00Pf100.006 02-02-2018 1 1 000463.10000000 MO 20. 1 MAEb 10.0,000 100.000 02-02-2018 1 1 000468.10000000 MO 20 11K2F3E;00000 00.000 02-02-2018 1 1 000463.12500000 MO 20 11K2F3E 100.00.,_ 00;0 0 02-02-2018 1. 1 1 000468.12500006.. MO 20'. i l 1K2F3E `11 OO F� 100: _. ' ' 02-02-2018 1 1 000463.15000000 MO 20 11K2F3E 100.000 100.00 02-02-2018. 1 1 000468.15000000 MO 20.-:j i LK2F3E 100.000 00 0' 02-022018 i i Page 2 of 4 FCC 601-LTLSHSI A"tf 007 Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV483 File Number: 0007636881 Print Date: 02-03-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator Power (watts) HUTp AAT Deadline (watts) meters meters Date 1 1 000463.17500000 - MO 20 1IK2F3E 100:000 100.000 02-02-2018 1 1 000463.1875000 .+ ti MO 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000463.01250060 ' MO 20 11K2F3E 100:000 100.000 02-02-2018 1 1 000468.01250000 �� 4 20 I1K2F3E 100.000 100.000 02-02-2018 1 1 000463.03750000 IIK2F3E 100.000 100.000 02-02-2018 1 1 000468.03750000'' M 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000463.06250000 MO IIK2F3E 100.000 100.000 02-02-2018 1 1 000468.06250000 M 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000463.08750000 MO 11K2F3E 100.000 100.000 02-02-2018 r 1 1 000468.08750000 MO 20'� IIK2F3E 100.000 100.000 02-02-2018 1 1 000463.11250000 MO 20 .,,- IIK2F3E 100.000 100.000 02-02-2018 1 1 000468.11250000 MO 20 11K2F3E 100.000 100.000 02-02-2018 1 1 000463.13750000 MO 20 't - IIY F3$v-'-100.000 100.000 02-02-2018 1 1 000468.13750000 MO 20 11XF3E 100.000'° 100.000 02-02-2018 Control Points Control Pt. No.1 # a y Address: 2950 NW 7th Ave' City: Miami County: MIAMI -DARE State: FL Telephone Number: (305)6 ets-510µ Associated Call Signs <NA> Page 3 of 4 FCC 601-ULSHSI Aueueht007 Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV483 File Number: 0007636881 Print Date: 02-03-2017 Waivers/Conditions: r NONE I I l lI 1 I I I , FCC 601-UISHSI Page 4 of 4 nurc o comm U�% Federal Communications Commission ul Public Safety and Homeland Security Bureau - RADIO STATION AUTHORIZATION �oux,ss�� LICENSEE: NATIaN` rHEAL TRANSPORT INC Call Sign File Number WQYV706 0007636303 Radio Service ATTN: RAUL RODRIGUI i PW - Public Safety Pool, Conventional NATIONAL HEALTH TRA' NSPAT.;It�t( j 2950 NW 7TH AVE MIAMI, FL 33127 Regulatory Status PMRS �i Frequency Coordination Number FCC Registration Number (FRN): 002157$1"8,,�,.�.,,, PS20170200025 Grant Date Effe`e 1Jat Expiration Date Print Date 02-06-2017 02-062017 02-06-2027 02-07-2017 s err' STATION CAL SPECIFICATIONS Fixed Location Address or Mobile Area of Operation Loc. I Area of operation Countywide: BROWARD, FL Antennas Loc Ant Frequencies Sta. No. No. Emission" Oi,out ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers DJs oator Powot (watts) HL/Tp AAT Deadline __{{` I (watj 'Y meters meters Date 1 1 000463.00000000 MO 20 1110 M 100.600 100.000 02-06-2018 1 1 000463.18750000 MO 20 11K2F3E AO`000�100.000 02-06-2018 1 1 000468.00000000 MO 20 11K2F3E *i00f1: IO�fi000 02-06-2018 Ay6 1 1 000463.02500000 MO 20 HUME 100.0t� 60.000,: 02-06-20I8 1 I 000468.02500000 MO 20 11KME 1b0 000v,!0Umo 02-06-2018 1 i 000463.05000000 MO 20 11K2F3E 100.00000.0 _" 02-06-2018 r Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station not any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license not the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. FCC 601-ULSKSI Page 1 of 4 AuZ&4007 Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV706 File Number: 0007636303 Print Date: 02-07-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator Power (watts) HtJTp AAT Deadline (watts) meters meters Date 1 1 000468.05000000 MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.07500000 MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.07500000 , t` MO 20 IMME 100.000 100.000 02-06-2018 1 1 000463.10000000 20 IMME 100.000 100.000. 02-06-2018. 4Y• 1 1 000468.10000000 OO11K2F3E 100.000 100.000 02-06-2018 1 1 000463.12500000 M 26' 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.12500000 �I1710 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.15000000 Q� 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.18750000 MO20 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.01250000 MO 20, llK2,f3E 100.000 100.000 02-06-2018 1 1 000468.01250000 MO 20.111" BE 100.000 100.000 02-06-2018 1 1 000463.03750000 MO 20 ' 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.03750000 MO 20 11I LF3E } 100 A. 100.000 02-06-2018 1 1 000463.06250000 MO 20 11 3E 100.0{6,0y 100.000 02-06-2018 1 1 000468.06250000 MO 20 11K2hE:r 100{1.0,0, 100.000 02-06-2018 1 1 000463.08750000 MO 20 IMME 100.000` ..100.000 02-06-2018 . 1 1 000468.08750000 MO 20 IMME 100.000,e`10O Q 0 02-06-2018 1 1 000463.11250000 MO 20 I1K2F3E 3'00:.006 1001,00 02406-2018 A 1 1 000468.11250000 MO 20 IMME 100.000 100.0001 02-06-2018 1 1 000463.13750000 MO 20 11K2F3E 100:000c-,100:000' 02-06-2018 FCC 601-ULSHSI Page 2 of 4 AQW007 Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV706 File Number: 0007636303 Print Date: 02-07-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator Power (watts) Ht./Tp AAT Deadline (watts) meters meters Date 1 1 000462.98750000 MO 20 11 K2F3E 100.000 100.00002-06-2018 1 1 000467.98750000. MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.13750000 , . MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.16250000 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.16250000 # 0 IlK2F3E 100.600 100.000 02-06-2018 1 1 000462.95000000 M 20" 1IK2F3E 100.000 100.000 02-06-2018 1 1 000467.95000000 1VI0 rs0 11K2F3E 100.000 100.000 02406-2018 1 1 000462.96250000 MO 2tl' 4 11K2F3E 100.000 100.000 02-062018 1 1 000467.96250000 MO Z _ I:1K2F3E 100.000 100.000 02-06-2018 1 1 000462.97500000 MO 20�, 11K2F3E 100.000 100.000 02-06-2018 1 1 000467.97500000 MO 20 1K26E 100.000 100.000 02-06-2018 1 1 000468.15000000 MO 20 '� 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.17500000 MO 20 1 100.000 02-06-2018 1 1 000468.17500000 MO 20 11k2F3E 100.061-100.000. 02-06-2018 Control Points Control Pt. No. I $' Address: 2950 NW 7th Aver City: Miami County: MIAMI-DADE State: FL Telephone Number: (305)636.5510 Associated Call Signs ------- - ---- <NA>� FCC 601-ULSHSI Page 3 of 4 Au7&&07 I I Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV706 File Number': 0007636303 Waivers/Conditions: NONE Print Date: 02-07-2017 I I i I Page 4 of 4 FCC 601-ULSASI Auj&A007 1 I I A I I I I I s I Federal Communications Commission A, Z Public Safety and Homeland Security Bureau RADIO STATION AUTHORIZATION LICENSEE: NATIONAL HEALT TRANSPORT INC Call Sign File Number WQYV762 0007636306 Radio Service ATTN: RAUL RODRIG".1 PW - Public Safety Pool, Conventional NATIONAL HEALTH TRANSP,OT'"4v 2950 NW 7TH AVE kr71 MUM, FL 33127r Regulatory Status PMRS Frequency Coordination Number FCC Registration Number (FRN): 002 1578°1•8.- PS20170200029 Grant Date Effec "— O Da Expiration Date Print Date 02-06-2017 02-06-2017 °"''� �,,] + 02-06-2027 02-07-2017 STATION TICAL SPECIFICATIONS S11 Fixed Location Address or Mobile Area of Operatio Loc. l Area of operation Countywide: MONROE, FL Antennas Loc Ant Frequencies Sta. No. No. Emission`" 6utut ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator Pov;4 (watts) Ht./Tp AAT Deadline 'V (watts)* meters meters Date 1 1 000463.11250000 MO 20 11k-IF3E 100.00 100.000 02-06-2018 1 1 000468.11250000 MO 20 11 K2F3E f 06 0 Q 100.000 02-06-2018 1 1 000463.13750000 MO 20 11K2F3E t1WO10r 10(000 02-06-2018 1 1 000468.13750000 MO 20 t1K2F3E 1OQ000 100.000• 02-06-2018 I 1 000463.16250000 MO 20 11K2F3E 100.000.300600 02-06-2018 t .1 1 000468.16250000 MO 20 11K2F3E 100.000, -r0.006.)'- 02-06-2018 Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. FCC 601-ULSHSI Page 1 of 4 AQM007 Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV762 File Number: 0007636306 Print Date: 02-07-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP Ant. Ant. Construct No. No. (MHz) Cls. Units Pagers Designator Power (watts) Ht./Tp AAT Deadline (watts) meters meters Date 1 1 00462.950000 MO 20 IMME 100.000 10.000 02-06-2018 1 1 000467.950000";r' MO 20 IMBE 100.000 100.000 02-06-2018 1 1 000462.962500004 MO 20 1IK2F3E 100.000 100.00 02-06-2018 1 1 000467.96250000 M10 20 11K2F3E 100.000 1.00.000 02-06-2018 1 1 000462.975000 '��Mbe, IMBE 100.000 100.000 02-06-2018 t, 1 I 000463.0250000 M0' 20 11K2F3E 100.000 100.00002-06-2018 1 1 060468.0250000 ;� MO . 0.�, I MBE 10.000 100.000 02-06-2018 jJ yA 1 1 000463.05000000 O 11K2F3E 100.000 100.00002-06-2018 1 1 00463.000000 MO \11' I MME 100.000 100.000 02-06-2018 1 1 00468.0000000 MO 20�1 A 11K2F3E 10.00 100.000 02-06-2018 1 1 000468.17500000 MO 20� -1K26E 100.00 100.000 02-06-2018 1 1 000463.18750000 MO 20 11K2F3E 100.00 100.000 02-06-2018 1 1 000468.18750000 MO 20 111,FAk,-- 0 *600 100.000 02-06-2018 1 1 000463.0125000 MO 20 11k--2F3E 100.0p0-' 100.000 02-06-2018 1 1 000468.01250000 MO 20 11K2F3E-� 10,•0.000 100.00 02-06-2018 1 1 000463.0375000 MO 20 11K2173E100.000} 100.00 02-06-2018 1 i 000468.03750000 MO 20 11K2F3E 100.0 1.00.000 02-06-2018 ' 1 1 000463.0625000 MO 20 11K2F3E %40 000 100:000' 02-06-2018 1 l 000468.06250000 MO 20 11 K2F3E 100.000 10.00,1,; �_ .a 02-06-2018 � ,� 11b 1 1 000463.08750000 MO 20 11K2F3E 100.000''►"3. oh& 02-06-2018 FCC 601-ULSHSI ! Page 2 of 4 Au769007 I Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV762 File Number: 0007636306 Print Date: 02-07-2017 Antennas Loc Ant Frequencies Sta. No. No. Emission Output ERP Ant. Ant. Construct No. No. (MHz) Cis. Units + Pagers Designator Power (watts) Ht./Tp AAT Deadline (Watts) meters meters Date 1 1 000468.08750000 MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000462.987500 i I MO 20 I 11K2F3E 100.000 100.000 02-06-2018 1 1 000467.98750000 °b ^-' MO 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000467.97500000 20 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.05000000 "Mo -e, 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.07500000 t` �y Mo.. 2 i 11K2F3E 100.000 100.000 02-06-2018 1 1 000468.07500000 I MME 100.000 100.000 02-06-2018 1 1 000463.10000000 MOr 20* * 11K2F3E 100.000 100.000 02-06-2018 -� 1 l 000468.10000000 MO 20 - ji 11K2F3E 100.000 100.000 02-06-2018 1 1 000463.12500000 MO 2011K2F3E 100.000 100.000 02-06-2018 Ak 1 1 000468.12500000 MO 20 ��. I&ME 100.000 100.000 02-06-2018 �.1(1 1 1 000463.15000000 MO 20 I `�° 11K2F3E 100.000 100.000 02-06-2018 i;.x,' 1 1 1 000468.15000000 MO 20 f 11Ydbty''100'.000 100.000 02-06-2018 11 1 1 000463.17500000 MO 20 + 1 t F3E 100.00.0' 100.000 02-06-2018 Control Points Control Pt. No.1 I ✓-< Address: 2950 NW 7th Ave 4 ¢° City: Miami County: MIAMI -DADS State: FL Telephone Number: (305)¢365510 Associated Call Signs <NA> ,. �.., I i I I 1 Page 3 of 4 I FCC 6014ILSHSI . AQ40007 !I I Licensee Name: NATIONAL HEALTH TRANSPORT INC Call Sign: WQYV762 11e Number: 0007636306 Waivers/Conditions: NONE i Print Date: 02-07-2017 FCC 601-ULSHSI Page 4 of 4 A.761007 I IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION:' RENEWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9 RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — 9 W- 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. W-12. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. ❑✓ 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 Q✓ 4. Copy of Standard Operating Procedures. 0 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — W-17. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) Q✓ 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d.. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. ❑✓ 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges U:1Beth\Beth Casano EOC\COPCMRENEWAL PACKETMOPCN Application.doc 'A62 NATIONAL HEALM TRANSPORT r INDIAN RIVER COUNTY DEPARTMENTOF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCEAND NECESSITY(COPCN) 1. Factual Statementindicating the public need and services, Including studies supporting the demonstrated demand and feasibilityfor the proposed service(s) and deficiencies in existing services, and any otherpertinent data you wish to be considered. N HT has met with the local healthcare facilities and has been told that there are serious delays by the current provider. In a public hearingon October.l, 2019, the newest provider stated, "We believe that it Is in the public's best interest for a competitive environment..." Asthe recent acquisition of two providers by an incumbent, the County is left with a void. With this addition, N HT will be poised to provide backup service to the current providers and additional resources in the event of a disaster. Z Factual statementof the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographicareas to be serviced, and any other pertinentdata you wish to be considered. NHT will be providing Advance Life$upportand Basic Life Support non -emergency ambulance transportation. This service will operate 24 hours perday, 7 days perweek. The intentis to serve the entire geographic Indian River County. NHTcurrently possesses aCOPCNinneighboring Osceola County. 3. Factual Statementindicating the ability of the applicant to manage and provide the proposed services, Including the management plan, maintenancefacilities, insurance program, accounting system, system forhandling complaints, system forhandling accidents and injuries, system forproviding the county monthlyoperating reports and any otherpertinent data you wish to be considered. NHT has been operating in Miami -Dade County for over 30 years. We have the experience, manpower, and systems in place today to handle the expansion into Indian River County. N HT currently operates in Monroe, Miami -Dade, Broward, Martin, and Osceola Counties. Additionally, NHT was recently granted a COPCN in Seminole County as well. 763 P0,'3 M.REGIS R . t r.t <►y t 44# s o i v g t o k+ We are tete."Humane in Human Resources. Employee Handbook 03/18/2021 764 ABOUT THIS HANDBOOK/DISCLAIMER We prepared this handbook to help employees find the answers to many questions that they may have regarding their employment with National Health Transport, Inc. Please take the necessary time to read it. We do not expect this handbook to answer all questions. Supervisors and Human Resources also serve. as a major source of information. Neither this handbook nor any other verbal or written communication by a management representative is, nor should it be considered to be, an agreement, contract of employment, express or implied, or a promise of treatment in any particular manner in any given situation, nor does it confer any contractual rights whatsoever. National Health Transport, Inc. adheres to the policy of employment at will, which permits the Company or the employee to end the employment relationship at any time, for any reason, with or without cause or notice. No Company. representative other, than the President may modify at -will status and/or provide any special arrangement concerning terms or conditions of employment in an individual case or generally and any such modification must be in a signed writing. Many matters covered by this handbook, such as benefit plan descriptions, are also described in separate Company documents. These Company documents are always controlling over any statement made in this handbook or. by any member of management. This handbook states only general Company guidelines. The Company may, at any time, in its sole discretion, modify or vary from anything stated in this handbook, with or without notice, except for the rights of the parties to end employment at will, which may only be modified by an express written agreement signed by the employee and the President. This handbook supersedes all prior handbooks. 765 Table of Contents Section 1- Governing Principles of Employment 7 1-1. Welcome Letter 7 1-2. Introductory Statement 7 1-3. Customer Relations 8 14. Employee Relations 8 1-5. Equal Employment Opportunity 8 1-6. Non -Harassment 9 1-7. Job Postings and Referrals I 1 1-8. Drug -Free and Alcohol -Free Workplace 12 1-9. Workplace Violence 12 Section 2 - Operational. Policies 14 2-1. Employee Classifications 14 2-2. Your Employment Records 14 2-3. Trial Period 14 2-4. Performance Review 15 2-5. Working Hours and Schedule 15 2-6. Meal Periods 15 2-7. Timekeeping Procedures 16 2-8. Overtime 16 2-9. Safe Harbor Policy for Exempt Employees 16 2-10. Your Paycheck 17 2-11. Direct Deposit 18 Section 3 - Benefits 19 3-1. Benefits Overview 19 3-2. Paid Holidays 19 3-3. Paid Vacations 20 3-4. Sick Days 21 3-5. Lactation .Breaks 22 3-6. Workers' Compensation 22 3-7. Jury Duty 22 3-8. Bereavement Leave 23 3-9. Voting Leave 23 3-10. Insurance Programs 23. 3-11. Retirement Plan 24 766 Table of Contents Section 4 - Leaves of Absence 25 4-1. Military Leave 25 4-2. Family and Medical Leave 25 Section 5 - General Standards of Conduct 32 5-1. Workplace Conduct 32 5-2.,Progressive Discipline 33 5-3. Punctuality and Attendance 33 5-4. Use of Communications and Computer Systems 36 5-5. Use of Social Media 37 5-6. Personal and Company -Provided Portable Communication Devices 38 5-7. Camera Phones/Recording Devices 39 5-8. Inspections 39 5-9. Smoking 39 5-10. Personal Visits and Telephone Calls 39 5-11. Solicitation and Distribution 40 5-12. Bulletin Boards 40 5-13. Confidential Company Information 40 5-14. Conflict of Interest and Business Ethics 44 5-15. Use of Facilities, Equipment and Property, Including Intellectual Property 41 5-16. Health and Safety 41 5-17. Hiring Relatives/Employee Relationships 42 5-18. Employee Dress and Personal. Appearance 42 5-19. Publicity/Statements to the Media 44 5-20. Operation of Vehicles 44 5-21. Operating Incididents 45 5-22. Business Expense Reimbursement 48 543. Recycling 49 5-24. References 49 5-25. If You Must Leave Us 49 526. A Few Closing Words 50 Section 6 - Florida Addendum 51 6-1. Domestic Violence Leave 51 Section 7 - Maryland Addendum 52 7-1. Pregnancy Accommodations 52 767 Table of Contents 7-2. Earned Sick and Safe Leave i 7-3. Witness Leave General Handbook Acknowledgment , Receipt of Non -Harassment Policy .; 52. 54 55 56 Section 1 - Governing :Principles of Employment 1-1. Welcome Letter Welcome to National Health Transport! On behalf of your colleagues, I welcome you to National Health Transport, and wish you every success here. We believe that each employee contributes directly, to National Health Transport's growth and success, and we hope you will take pride in being a member of our team. This handbook is designed to acquaint you with National Health Transport and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook It describes many of your responsibilities as an employee and outlines the programs developed l y National Health Transport to benefit employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth. Sincerely, Raul F Rodriguez President/CEO National Health Transport 1-2. Introductory Statement I This Employee Handbook will give you important information about working at National Health Transport, Inc. ("National Health Transport, Inc. or the Company"). The policies in the employee handbook explain many of the benefits of working here. However, this employee handbook cannot cover every situation or answer every question about policies and benefits at the National Health Transport, Inc. Also, sometimes the National Health Transport, Inc. may need to change the employee handbook; therefore, it reserves the right to add new policies, change policies, or cancel policies at any time and without prior notice and as required by federal, state, and local law or regulation. This Handbook supersedes any prior or contemporaneous agreements, representations, understandings or arrangements, whether written or unwritten. Regis HR Group and National Health Transport, Inc. ("Worksite Employer") have entered into a relationship whereby Regis HR Group provides professional employer organization ("PEO") services to the Worksite Employer as a PEO and the co -employment relationship for administrative purposes with you arises solely from the PEO relationship. Regis HR Group is not your Worksite Employer. You are a worksite employee ("worksite employee") of the Worksite Employer. ; Unless set forth in a separate written agreement, your employment relationship may be terminated at any time, for any reason or no reason, with or without cause or notice and you shall have no expectation that your relationship with the Worksite Employer will continue indefinitely. Unless set forth in a separate written agreement, this statement of the employment -at -will relationship is the entire agreement between you and your Worksite Employer as to the duration of employment, including notice, procedure and grounds for 769 termination. This handbook supersedes any prior or contemporaneous agreements, representations, understandings or arrangements, whether written or unwritten. This handbook cannot be modified without the express, written agreement of your Worksite Employer. If Regis HR Group does not receive payment from , your Worksite Employer to pay your compensation, Regis HR Group will still pay you the applicable minimum wage (or the legally required minimum salary) for any such pay period or such other amount as required by law. Important Contact Information: Regis HR Group (PEO) Office (786) 272-5305 1-3. Customer Relations Our customers are very important to us. Every employee represents National Health Transport to customers and the public. Our customers judge all of us by how we treat them. One of the highest priorities at National Health Transport is to help any customer or potential customer. Nothing is more important than being courteous, friendly, prompt, and helpful to customers. Your contacts with the public, your telephone manners, and any communications you send to customers reflect not just on you but also on the professionalism of National Health Transport. Good customer relations can build greater customer loyalty and increased profits i 14. Employee Relations National Health Transport believes that the work conditions, and wages it offers to its employees are competitive with those offered by other employers in this area and in this industry. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their supervisors. Our experience has shown that when employees deal openly and directly with supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. We believe that National Health Transport amply demonstrates its commitment to employees by responding effectively to employee concerns. 1-5. Equal Employment Opportunity National Health Transport, Inc. is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth and pregnancy -related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, or any other characteristic protected by applicable federal, state or local laws and ordinances. National Health Transport, Inc.'s management team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, access to facilities and programs and general treatment during employment. 770 The Company will endeavor to make a reasonable accommodation of an otherwise qualified applicant or employee related to an individual's: physical or, mental disability; sincerely held religious beliefs and practices; and/or any other reason required by applicable law, unless doing so would impose an undue hardship upon the Company's business operations. Any applicant or employee who needs an accommodation in order to perform the essential functions of the job should contact Controller to request such an accommodation. The individual should specify what accommodation is needed to perform the job and submit supporting documentation explaining the basis for the requested accommodation, to the extent permitted and in accordance with applicable law. The Company then will review and analyze the request, including engaging in an interactive process with the employee or applicant, to identify if such an accommodation can be made. The Company will evaluate requested accommodations, and as appropriate, identify other possible accommodations, if any. The individual will be notified of The Company's decision regarding the request within a reasonable period. The Company treats all medical information submitted as part of the accommodation process in a confidential manner. Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of Controller. The Company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. If employees feel they have been subjected to any such retaliation, they should contact Controller. To ensure our workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with all investigations conducted pursuant to this policy. i 1-6. Non -Harassment It is National Health Transport, Inc.'s policy to prohibit intentional and unintentional harassment of or against job applicants, contractors, interns, volunteers or employees by another employee, supervisor, vendor, customer or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender '(including pregnancy, childbirth and pregnancy -related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information or any other characteristic protected by applicable federal, state or local laws; (referred to as "protected characteristics"). Such conduct will not be tolerated by National Health Transport, Inc. The purpose of this policy is not to regulate our employees' personal morality, but to ensure that no one harasses another individual in the workplace, including while on Company premises, while on Company business (whether or not on Company premises) or while representing the Company. In addition to being a violation of this policy, harassment or retaliation based on any protected characteristic as defined by applicable federal, state, or local laws also is unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted or testified in an investigation or proceeding involving a complaint of sexual harassment as defined by applicable federal, state, or local laws are unlawful., Harassment Defined I Harassment generally is defined in this policy as unwelcome verbal, visual or physical conduct that denigrates or shows hostility or aversion towards an individual because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. 771 Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e- mails) or physical conduct (including physically threatening another, blocking someone's way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state or local laws. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy. Sexual Harassment Defined Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal, visual or physical conduct of a sexual nature when: submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or the conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Examples of conduct that violate this policy include: 1. unwelcome flirtations, leering, whistling, touching, pinching, assault, blocking normal movement; 2. requests for sexual favors or demands for sexual favors in exchange for favorable treatment; 3, obscene or vulgar gestures, posters or comments; 4. sexual jokes or comments about a person's body, sexual prowess or sexual deficiencies; 5. propositions or suggestive or insulting comments of a sexual nature; 6. derogatory cartoons, posters and drawings; 7. sexually -explicit e-mails, text messages or voicemails; 8, uninvited touching of a sexual nature; 9, unwelcome sexually -related comments; 10. conversation about one's own or someone else's sex life; 11. conduct or comments consistently targeted at only one gender, even if the content is not sexual; and 12. teasing or other conduct directed toward a person because of the person's gender. Reporting Procedures If the employee has been subjected to or witnessed conduct which violates this policy, the employee should immediately report the matter to Controller. If the employee is unable for any reason to contact this person, or if the employee has not received an initial response within five (5) business days after reporting any incident of what the employee perceives to be harassment, the employee should contact the President. If the.person toward I hom the complaint is directed is one of the individuals indicated above, the employee should contact any higher-level manager in the reporting hierarchy. Investigation Procedures Every report of perceived harassment will be fully investigated, and corrective action will be taken where. appropriate. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. All employees must cooperate with all investigations conducted pursuant to this policy. 10 772 Retaliation Prohibited In addition, the Company will not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. If the employee has been subjected to any such retaliation, the employee should report it in the same manner in which the employee would report a claim of perceived harassment under this policy. Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and including termination. 11-7. Job Postings and Referrals I National Health Transport provides employees an opportunity to indicate their interest in open positions and advance within the organization according to their skills and experience. In general, notices of all regular, full- time job openings are posted, although National Health Transport reserves its discretionary right to not post an opening. Job openings will be posted on the employee bulletin board and normally remain open for 14 days. Each job posting notice will include the dates of the posting period, job title, department, location, grade level, job summary, essential duties, and qualifications (required skills and abilities). I To be eligible to apply for a posted job, employees must have performed competently for at least 6 months in their current position. Employees who have an active written warning on file or are on probation or suspension are not eligible to apply for posted jobs. Eligible employees can only apply for those posted jobs for which they possess the required skills, competencies, andqualifications. To apply for an open position, employees should submit a job posting application to the Department Manager listing job-related skills and accomplishments. It' should also describe how their current experience with National Health Transport and prior work experience and/or education qualifies them for the position. National Health Transport recognizes the benefit of developmental experiences and encourages employees to talk with their supervisors about their career plans. Supervisors are encouraged to support employees' efforts to gain experience and advance within the organization. An applicant's supervisor may be contacted to verify performance, skills, and attendance. Any staffing limitations or other circumstances that might affect'a prospective transfer may also be discussed. Job posting is a way to inform employees of openings and to identify Jqualified and interested applicants who might not otherwise be known to the hiring manager. Other recruiting sources may also be used to fill open positions in the best interest of the organization. National Health Transport also encourages employees to identify friends or acquaintances who are interested in employment opportunities and refer qualified outside applicants for posted jobs. Employees should obtain permission from the individual before making a referral, share their knowledge of the organization, and not make commitments or oral promises of employment. An employee should submit the referral's resume and/or completed application form to the Personnel Department for a posted job. If the referral is inteiviewed, the referring employee will be notified of the initial interview and the final selection decision. 773 11 11-8. Drug -Free and Alcohol -Free Workplace To help ensure a safe, healthy and productive work environment for our employees and others, to protect Company property, and to ensure efficient operations, National Health Transport, Inc. has adopted a policy of maintaining a workplace free of drugs and alcohol. This policy applies to all employees and other individuals who perform work for the Company. The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale or distribution of controlled substances (including medical marijuana), drug paraphernalia or alcohol by an individual anywhere on Company premises, while on Company business (whether or not on Company premises) or while representing the Company, is strictly prohibited. Employees and other individuals who work for the Company also are prohibited from reporting to work or working while they are using or under. the influence of alcohol or any controlled substances, which may impact theemployee's ability to perform their job or otherwise pose safety concerns, except when the use is pursuant to a licensed medical practitioner's instructions and the licensed medical practitioner authorized the employee or individual to report to work. However, this exception does not extend any right to report to work under the influence of medical marijuana or to use medical marijuana as a defense to a positive drug test, to the extent the employee is subject to any drug testing requirement, except as permitted by and in accordance with applicable law. Violation of this policy will result in disciplinary action, up to and including discharge. The Company maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist individuals recovering from substance and alcohol dependencies, and those who have a medical history which reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation. We encourage employees to seek assistance before their substance abuse or alcohol misuse renders them unable to perform the essential functions of their jobs, or jeopardizes the health and safety of any Company employee, including themselves. 1-9. Workplace Violence National Health Transport, Inc. is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to Company and personal property. National Health Transport, Inc. does not expect employees to become experts in psychology or to physically subdue a threatening or violent individual. Indeed, National Health Transport, Inc. specifically discourages employees from engaging in any physical confrontation with a violent or potentially violent individual. However, National Health Transport, Inc. does, expect and encourage employees to exercise reasonable judgment in identifying potentially dangerous situations. Experts in the mental health profession state thai prior to engaging in acts of violence, troubled individuals often exhibit one or more of the following behaviors or signs: over -resentment, anger and hostility; extreme agitation; making ominous threats such as bad things will happen to a particular person, or a catastrophic event will occur; sudden and significant decline in work performance; irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior; reacting to questions with an antagonistic or overtly negative attitude; discussing weapons and their use, and/or brandishing weapons in the workplace; overreacting or reacting harshly to changes in Company policies and procedures; personality conflicts with co-workers; obsession or preoccupation with a co-worker or supervisor; attempts to sabotage the work or equipment of a co-worker; blaming others for, mistakes and circumstances; or demonstrating a propensity to behave and react i 12 774 irrationally. Prohibited Conduct Threats, threatening language or any other acts of aggression or violence made toward or by any Company employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive; injurious or destructive action undertaken for the purpose of domination or intimidation. To the extent permitted by law, employees and visitors are prohibited from carrying weapons onto Company premises. Procedures for Reporting a Threat All potentially dangerous situations, including threats by co-workers, should be reported immediately to any member of management with whom the employee feels comfortable. Reports of threats may be maintained confidential to the extent maintaining confidentiality does not impede National Health Transport, Inc.'s ability to investigate and respond to the complaints. All threats will be promptly investigated. All employees must cooperate with all investigations. No employee will be subjected to retaliation, intimidation or disciplinary action as a result of reporting a threat in good faith under this policy. If the Company determines, after an appropriate good faith investigation, that someone has violated this policy, the Company will take swift and appropriate corrective action. If the employee is the recipient of a threat made by an outside party, that employee should follow the steps detailed in this section. It is important for the Company to be aware of any potential danger in its offices. Indeed, the Company wants to take effective measures to protect everyone from the threat of a violent act by employees or by anyone else. 775 13 I Section 2 - Operational Policies j 2-1. Employee Classifications For purposes of this handbook, all National Health Transport, Inc. employees fall within one of the classifications below. Full -Time Employees - Employees who regularly work at least 36 hours per week who were not hired on a short-term basis. Part -Time Employees - Employees who regularly; work fewer than 36 hours per week who were not hired on a short-term basis. { Per Diem employee is someone whose work hours may vary from week to week depending on the employer's need and how much or little the employee wishes to work_ Per Diem employees generally are not eligible for Company benefits, but are eligible to receive statutory benefits. In addition to the above classifications, employees are categorized as either "exempt" or "non-exempt' for purposes of federal and state wage and hour laws. Employees classified as exempt do not receive overtime pay; they generally receive the same weekly salary regardless of hours worked. Such salary may be paid less frequently than weekly. The employee will be informed of these classifications upon hire and informed of any subsequent changes to the classifications. 12-2. Your Employment Records ! In order to obtain their position, employees have provided personal information, such as address and telephone number. This information is contained in their personnel file. Employees should keep their personnel file up 'to date by informing their Operations Supervisor of any changes. Employees also should inform the Operations Supervisor of any specialized training or skills they acquire, as well as any changes to any required visas. Unreported changes of address, marital status, etc. can affect withholding tax and benefit coverage. Further, an "out of date" emergency contact or an inability to reach employees in a crisis could cause a severe health or safety risk or other significant problem. 2-3. Trial Period The first 90 days of employees' employment is an introductory period. This is an opportunity for National Health Transport, Inc. to evaluate the employee's performance. It also is an opportunity for employees to decide whether they are happy being employed by the Company. The Company may extend the introductory period if it desires. Completion of the introductory period does not alter the employee's at -will status. National Health Transport, Inc. will conduct a formal performance review at the end of the introductory period. I 14' 776 1 2-4. Performance Review 4 Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day- to-day basis. A formal written performance evaluation will be conducted annually, beginning at the calendar - year end; upon completion of the probationary period. Formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. 2-5. Working Hours and Schedule It is the goal of the management to have all crew members off duty at the designated time; however, the nature of our business frequently requires that a crew hold over and run a late call. All crew members are paid from the time they clock in until the time they clock out and will be compensated for the time it takes to run a late call. Your supervisor will let you know your work schedule, including the times when you will be expected to start and finish work each day. Overtime is not permitted unless specifically authorized by your supervisor. Shift/Time Exchange - all requests for shift/time exchange must be submitted through the EPro System no less than seventy-two (72) hours in advance. The employee may exchange with scheduling for an equal amount of time providing the request is submitted seventy-two, (72) hours in advance, the time is available and there is no impact of overtime. Failure to submit a request; without seventy-two (72) hours' notice shall cause the Scheduling Department to immediately deny the request. This includes part time employees committed to any shift. Shift/time exchange during holidays are subject to approval and will be based on staffing needs. Personnel can be held for TWO HOURS PAST THEIR SCHEDULED FINISH TIME when calls are holding. No advance notice is required or necessary. You will be paid accordingly. Failure to remain is considered grounds for termination. Employees must provide schedule availability to the Scheduler via ePro at least one week before the beginning of the new pay period. 2-6. Meal Periods Certain full-time non -road position employees are provided with one meal period of 30 minutes in length each workday. Supervisors will schedule meal periods to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time. National Health Transport premises and surroundings should always reflect a professional appearance. Eating at your desk is acceptable but should be done unobtrusively and in a manner so as to prevent damage to valuable Company equipment and other property. All employees are personally responsible for keeping the area around their workstation clean and presentable. Employees are also responsible for returning meeting areas to a clean and presentable condition after use. 12-7. Timekeeping Procedures Accurately recording time worked is the responsibility of every employee. Federal and state laws require National Health Transport to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time spent on the job performing assigned duties. Employees should accurately record the time they begin and end their work, as well as non -road positions must record the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Non -road positions overtime work must always be approved before it is performed. Failure to acquire approval before working overtime will lead to disciplinary action, up to and including termination of employment. Altering, falsifying, tampering with time records, or recording time on another employee's time record may. result in disciplinary action, up to and including termination of employment. If you are a nonexempt employee, you should not start working prior to your scheduled time unless requested to do so by a Supervisor. You can only you can start earlier or work later when your supervisor approves it in advance. I Nonexempt employees must approve and/or sign their time records to say they are accurate. Each supervisor ; will review and initial the time record before submitting it for payroll processing. In addition, if corrections or changes are made to the time record, both you and your supervisor must initial the changes on the time record. r 12-8. Overfime Like most successful companies, National Health Transport, Inc. experiences periods of extremely high activity. During these busy periods, additional work is required from all of us. Supervisors are responsible for monitoring business activity and requesting overtime work if it is necessary. Effort will be made to provide employees with adequate advance notice in such situations. Any non-exempt employee who works overtime will be compensated at the rate of one and one-half times (1.5) their normal hourly wage for all time worked in excess of 40 hours each week, unless otherwise required by law. I Employees may work overtime only with prior management authorization. For purposes of calculating overtime for non-exempt employees, the workweek begins at 12 a.m. on Monday and ends 168 hours later at 12 a.m. on the following Monday. 2-9. Safe Harbor Policy for Exempt Employees It is National Health Transport, Inc.'s policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure proper payment and that no improper deductions are made, employees must review pay stubs promptly to identify and report all errors. Those classified as exempt salaried employees will receive a salary which is intended to compensate them for all hours they may work for National Health Transport, Inc. This salary will be established at the time of hire or classification as an exempt employee. While it inay be subject to review and modification from time to time, 16 778 I i I such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work performed. i Under federal and state. law, salary is subject to certain deductions. For example, unless state law requires otherwise, salary can be reduced for the following reasons: • full-day absences for personal reasons; I • full-day absences for sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing wage replacement benefits for such absences (deductions also may be made, :for the exempt employee's full-day absences due to sickness or disability before the employee has qualified for the plan, policy or practice or after the employee has exhausted the leave allowance under the plan); • full-day disciplinary suspensions for infractions of our written policies and procedures; • Family and Medical Leave Act absences (either full- or partial -day absences); • to offset amounts received as payment from the court for jury and witness fees or from the military as military pays • the first or last week of employment in the event the employee works less than a full week; and • any full work week in which the employee does not perform any work Sal may also be reduced for certain Salary y types of deductions such as a portion of health, dental or life insurance premiums; :state, federal or local taxes; social security; or voluntary contributions to a 401(k) or pension plan. In any work week in which the employee performed any work, salary will not be reduced for any of the following reasons: • partial day absences for personal reasons, sickness or disability; • an absence because the Company has decided to close a facility on a scheduled work day; • absences for jury duty, attendance as a witness, or military leave in any week in which the employee performed any work (subject to any offsets as set forth above); and • any other deductions prohibited by state or federal law. However, unless state law provides otherwise, deductions may be made to accrued leave for full- or partial -day absences for personal reasons, sickness or disability. If employees believe they have been subject to any improper deductions, they should immediately report the matter to a supervisor. If the supervisor is unavailable or if the employee believes it would be inappropriate to contact that person (or if the employee has not received a prompt and fully acceptable reply), they should immediately contact Controller or any other supervisor in National Health Transport, Inc. with whom the employee feels comfortable. i 2-10. Your Paycheck All employees are paid every other Friday. Each paycheck will include earnings for all work performed through the end of the previous payroll period. i In the unlikely event that there is an error in the amount. of pay, the employee should promptly bring the discrepancy to the attention of your supervisor so that corrections can be made as quickly as possible. In the event that a regularly scheduled payday falls! on a day off such as a holiday, employees will be paid on 779 1 the fust day of work preceding the regularly scheduled payday.. If a regular payday falls during an employee's her return from vacation. Employees .may have pay directly deposited authorization to National Health Transport Em National Health Transport makes direct deposits. 2-11. Direct Deposit National Health Transport, Inc. strongly available from Regis HR Group. the employee's paycheck will be available upon his or their bank accounts if they provide advance written -s will .receive an itemized statement of wages when employees to use direct deposit. Authorization forms are 18 780 Section 3 - Benefits 3-1. Benefits Overview In addition to good working conditions and competitive pay, it is National Health Transport, Inc.'s policy to provide a combination of supplemental benefits to all eligible employees. In keeping with this goal, each benefit program has been carefully devised. These benefits include time -off benefits, such as vacations and holidays, and insurance and other plan benefits. We are constantly studying and evaluating our benefits programs and policies to better meet present and future requirements. These policies have been developed over the years and continue to be refined to keep up with changing times and needs. The next fewpages contain a brief outline of the benefits programs National Health Transport, Inc. provides employees and their families. Of course, the information presented here is intended to serve only as guidelines. i The descriptions of the insurance and other plan benefits merely highlight certain aspects of the applicable plans for general information only. The details of those plans are spelled out in the official plan documents, which are available for review upon request from the CFO and/or CFO. Additionally, the provisions of the plans, including eligibility and benefits provisions, are summarized in the summary plan descriptions ("SPDs") for the plans (which may be revised from time to time). In the determination of benefits and all other matters under each plan, the terms of the official plan documents shall govern over the language of any descriptions of the plans, including the SPDs and this handbook. Further, National Health Transport, Inc. (including the officers and administrators who are responsible for administering the plans) retains full discretionary authority to interpret the terms of the plans, as well as full discretionary authority with regard to administrative' matters arising in connection with the plans and all issues concerning benefit terms, eligibility and entitlement. i While the Company intends to maintain these employee benefits, it reserves the absolute right to modify, amend or terminate these benefits at any time and for' any reason. I If employees have any questions regarding benefits, they should contact the CFO and/or CFO. 3-2. Paid Holidays National Health Transport will grant holiday time off or holiday pay to all eligible full -tune office employees on the holidays listed below: New Year's Day Memorial Day I Independence Day Labor Day Thanksgiving Day Christmas Day National Health Transport will grant paid holiday time off to all eligible office employees who have completed f 19 781 90 calendar days of service in an eligible employment classification. I Holiday pay will be calculated based on the employee's straight -time pay rate (as of the date of the holiday) times the number of hours the employee would otherlwise have worked on that day. Eligible employee classification(s): • All full time employees To be eligible for holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. If a recognized holiday falls during an eligible employee's paid absence (such as vacation or personal sick time off), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied. All other nonexempt employees who work on a re �o gnized holiday will receive holiday pay plus their regular wages. i 3-3. Paid Vacations Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy: • Regular full-time employees Status changes from Full-time to Part-time will resort in forfeit of all accrued Vacation time. The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule: I ' • After 1 year of eligible service the employee'is entitled to 40 hours of paid vacation. • After 2 years of eligible service the employee is entitled 80 hours of paid vacation. The length of eligible service is calculated on an Anniversary date. Your anniversary is one year from the full- time date of employment with. National Health Transport. Employees are eligible to request vacation rime -off 'after fter they have completed one year of service. Employees must submit their request for vacation at least two weeks in advance to their supervisor. All requests for vacation must be approved before taken. A holiday that falls during a vacation period is treated as a holiday and not as a day of vacation. National Health Transport reserves the right to assign "collective vacation days" which may be the day after a paid holiday and before a weekend. I Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentiv6 s, commissions, bonuses, or shift differentials. ' As stated above, employees are encouraged to use available paid vacation time for rest, relaxation, and personal pursuits. Any accrued and unused vacation time will not carry over to future years. 20 782 No Vacation.time off will be approved for the last two (2) weeks in December. Upon termination of employment, employees will be paid for unused vacation time. However, if National Health Transport, in its sole discretion, terminates employment for cause, forfeiture of unused vacation time may result. 34. Sick Days Commencing January 2014 After the initial ninety (90) day introductory period, all full-time employees will be granted paid sick leave as follows: ' Initial year of employment: Month employment began January 13 days after initial 90 days have been completed February 3 days after initial 90 days have been completed March 3 days after initial 90 days have been completed April P days after initial 90 days have been completed May 2 days after initial 90 days have been completed June I , days after initial 90 days have been completed July 1 day after initial 90 days have been completed August 11 day after initial 90 days have been completed September I1 day after initial 90 days have been completed October 0 days. Will be eligible the following year November 0 days. Will be eligible the following year December 0 days. Will be eligible the following year After the initial year of employment, sick leave is accumulated on a calendar year basis. Meaning that every January after the initial year of employment, all full-time employees will be granted three (3) paid sick days. i Sick days are based on a twelve (12) . hour work -day. Therefore, three (3) paid sick days a year will be the equivalent of 36 hours. • All sick day must be taken in full day intervals. • A maximum of five (5) consecutive days maybe taken during a one-year span. • If an employee resigns or is terminated, the unused sick leave will be lost. Sick leave may be carried -over from year to year. • After working at NHT for ten (10) consecutive years, employee will be able to cash out '72 hours of unused sick leave per year at their current hourly rate at the time of cashing out. • On your 20th year anniversary employees may cash out all available sick hours. • Sick leave may be utilized by employees when they are unable to perform their duties because of- Sickness fSickness or injury; 2. Medical, dental or optical examinations and/or treatment; 3. Required care of a sick or injured member of their immediate family in compliance with FMLA. 783 21 Employees are required to contact their direct supervisor no later than three (3) hours before the time they were scheduled to report for duty. However, it is preferred that the employee contacts their immediate supervisor as soon as they foresee a possible call -out. Leaving messages with other employees or on a voicemail is considered improper notification and is not acceptable. Failure to notify your immediate supervisor directly will result in an unexcused absence for the day. Status changes from Full-time to Part-time will resort in forfeit of all accrued Sick/PTO. National Health Transport, Inc. reserves the right to require medical statements to support the use of sick leave. Failure to provide requested documentation may result in disciplinary actions up to and including termination. 3-5. Lactation Breaks National Health Transport, Inc. will provide a reasonable amount of break time to accommodate employees desiring to express breast milk for their infant child, in accordance with and to the extent required by applicable law. The break time, if possible, must run concurrently with rest and meal periods already provided. If the break time cannot run concurrently with rest and meal periods already provided, the break time will be unpaid, subject to applicable law. The Company will make reasonable efforts to provide employees with the use of a room or location other than a toilet stall to express milk in private. This location may be the employee's private office, if applicable. The Company may not be able to provide additional break time if doing so would seriously disrupt the Company's operations, subject to applicable law. Please consult the CFO and/or CFO with questions regarding this policy. Employees should advise management if they need break time and an area for this purpose. Employees will not be discriminated against or retaliated against for exercising their rights under this policy. 3-6. Workers' Compensation On-the-job injuries are covered by National Health Transport, Inc.'s Workers' Compensation Insurance Policy, which is provided at no cost. If employees are injured on the job, no matter how slightly, they should report the incident immediately to their supervisor. Failure to follow Company procedures may affect the ability of employees to receive Workers Compensation benefits. This is solely a monetary benefit and not a leave of absence entitlement. Employees who need to miss work due to a workplace injury must also request a formal leave of absence. See the Leave of Absence sections of this handbook for more information. [3-7- Jury Duty I National Health Transport, Inc. realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and verification of their service. Employees also are expected to keep management informed of the expected length of jury duty service and to 22 784 report to work for the major portion of the day if excused by the court If the required absence presents a serious conflict for management, employees may be asked to try to postpone jury duty. Employees on jury duty leave will be paid for their jury duty service in -accordance with state law; however, exempt employees will be paid their full salary for', any week in which time is missed due to jury duty if work is performed for the Company during such week. ; 3-8. Bereavement Leave The death of a family member is a time when employees wish to be with their families. If the employee is full- time and loses a close relative, the employee will be allowed paid time off of up to two (2) days to assist in attending to obligations and commitments. For the 'purposes of this policy, a close relative includes a spouse, domestic/civil union partner, child, parent, sibling,, grandchildren, grandparents or any other relation required by applicable law. Paid leave days only may be taken on regularly scheduled, consecutive workdays following the day of death. Employees must inform their I supervisor prior to commencing bereavement leave. In administering this policy, National Health Transport, Inc. may require verification of death. I . 3-9. Voting Leave In the event employees do not have sufficient time outside of working hours to vote in a statewide election, if required by state law, the employee may take off enough working time to vote. Such time will be paid if required by state law. This time should be taken at the beginning or end of the regular work schedule. Where possible, supervisors should be notified at least two k(2) days prior to the voting day. 13-10. Insurance Programs Full-time employees may participate in National ; Health Transport, Inc.'s insurance programs. Under these plans, eligible employees will receive comprehensive health and other insurance coverage for themselves and their families, as well as other benefits. The following benefit programs are available to eligible employees: I • Dental Insurance i • Life Insurance • Medical Insurance • Short -Term Disability • Supplemental Life Insurance • Vision Care Insurance ' • 401 (k) Plan i Some benefit programs require contributions from the employee. I Upon becoming eligible . to participate in these .plans, employees will receive summary plan descriptions (SPDs) describing the benefits in greater detail. Please refer to the SPDs for detailed plan information. Of course, feel free to contact the CFO with any further questions. 785 " 3-11. Retirement Plan Eligible employees are able to participate in National Health Transport, Inc.'s retirement pian. Plan participants may make:pre-tax contributions to a retirement account. Upon becoming eligibleto participate in this plan, employees will receive an SPD describing the plan in I greater detail. Please refer to the SPD for detailed plan information. Of course, feel free to speak to the CFO if there are any further questions. j w 24E 786 ! I Section 4 - Leaves of Absence I 4-1. Military Leave If employees are called into active military service or enlist in the uniformed services, they will be eligible to receive an unpaid military leave of absence. To ibe eligible for military leave, employees must provide management with advance notice of service obligations unless they are prevented from providing such notice by military necessity or it is otherwise impossible or'unreasonable to provide such notice. Provided the absence does not exceed applicable statutory limitations, ,employees will retain reemployment rights and accrue seniority and benefits in accordance with applicable federal and state laws. Employees should ask management for further information about eligibility for Military Leave. If employees are required to attend yearly Reserves or National Guard duty, they can apply for an unpaid temporary military leave of absence not to exceed the number of days allowed by law (including travel). They should give management as much advance notice of their need for military leave as possible so that National Health Transport, Inc. can maintain proper coverage iwhile employees are away. 4-2. Family and Medical Leave I The Leave Policy Employees may be entitled to a leave of absence under the Family and. Medical Leave Act (FMLA). This policy provides employees information concerning?FMLA entitlements and obligations employees may have during such leaves. If employees have any questions concerning FMLA leave, they should contact Controller. I. Eligibility FMLA leave is available to "eligible employees." To be an "eligible employee," the employee must: 1) have been employed by the Company for at least 12 months (which need not be consecutive); 2) have been employed by the Company for at least 1,250 hours of service during the 12 -month period immediately preceding the commencement of the leave; and 3) be employed at a worksite where 50 or more employees are located within 75 miles of the worksite. Special hours of service eligibility requirements apply to airline flight crew employees. H. Entitlements As described below, the FMLA provides eligible employees with a right to leave, health insurance benefits and, with some limited exceptions, job restoration. , A. Basic FMLA Leave Entitlement ' The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12 -month period. The 12 -month period is determined based on a rolling 12 -month period measured backward from the date the employee uses their FMLA leave. Leave may be taken for any one, or for a combination, of the following reasons: , • To care for the employee's child after birth or placement for adoption or foster care; • To care for the employee's spouse, son, daughter or parent (but not in-law) who has a serious health 2s 787 condition; For the employee's own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee's job; and/or Because of any qualifying exigency arising. out of the fact that the employee's spouse, son, daughter or parent is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty) in the Reserves component of the Armed Forces for deployment to a foreign country in support of contingency operation or Regular Armed Forces for deployment to a foreign country. A serious health condition is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents employees from performing the functions of their job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing. treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post -deployment reintegration briefings. .B. Additional Military Family Leave Entitlement (Injured Servicemember Leave) In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember is entitled to take up to 26 weeks of leave during a single 12 -month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember shall only be available during a single -12 month period and, when combined with other FMLA-qualifying leave' may not exceed 26 weeks during the single 12 -month period. The single 12 -month period begins on the first day an eligible employee takes leave to care for the injured servicemember. A "covered servicemember" is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as "current members of the Armed Forces." Covered servicemembers also include a veteran who is discharged or released from military services under condition other than dishonorable at any time during the five years preceding the date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals. are referred to in this policy as "covered veterans." The FMLA definitions of a "serious injury or illness" for current Armed Forces members and covered veterans are distinct from the FMLA definition of "serious health condition" applicable to FMLA leave to care for a covered family member. C. Intermittent Leave and Reduced Leave Schedules FMLA leave usually will be taken for a period !of consecutive days, weeks or months. However, employees also are entitled to take FMLA leave intermittently or on a. reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a 26 covered servicemember. Qualifying exigency leave also may be taken on an intermittent basis. D. No Work While on Leave The taking of another job while on family/medical leave or any other authorized leave of absence is grounds for immediate discharge, to the extent permitted by law. E. Protection of Group Health Insurance Benefits During FMLA leave, eligible employees are entitled to receive group health plan coverage on the same terms and conditions as if they had continued to work. F. Restoration of Employment and Benefits At the end of FMLA leave, subject to some exceptions including situations where job restoration of "key employees" will cause the Company substantial and grievous economic injury, employees generally have a right to return to the same or equivalent positions with equivalent pay, benefits and other employment terms. The Company will notify employees if they qualify as "key employees," if it intends to deny reinstatement, and of their rights in such instances. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee's FU LA leave. G. Notice of Eligibility for, and Designation of, FMLA Leave Employees requesting FMLA leave are entitled to receive written notice from the Company telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) Company's designation of leave as FMLA-qualifying or non -qualifying, and if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee's leave entitlement. The Company may retroactively designate leave as FMLA leave with appropriate written notice to employees provided the Company's failure to designate leave as FMLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the Company and employee can mutually agree that leave be retroactively designated as FMLA leave. M. Employee FMLA Leave Obligations A. Provide Notice of the Need for Leave Employees who take FMLA leave must timely notify the Company of their need for FMLA leave. The following describes the content and timing of such employee notices. 1. Content of Employee Notice To trigger FMLA leave protections, employees must inform their Manager of the need for FMLA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA leave specifically, or explaining the reasons for leave so as to allow the Company to determine that the leave is FMLA-qualifying. For example, employees might explain that: • a medical condition renders them unable to.perform the functions of their job; • they are pregnant or have been hospitalized overnight; • they or a covered family member are under the continuing care of a health care provider; • the leave is due to a qualifying exigency caused by a military member being on covered active duty or called to covered active duty status to a foreign country; or 789 27 • if the leave is for a family member, that the condition renders the family member unable to perform daily activities or that the family member is a covered servieemember with a serious injury or illness. Calling in "sick," without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA leave under this policy. Employees must respond to the Company's questions to determine if absences are potentially FMLA-qualifying. If employees fail to explain the reasons for FMLA leave, the leave may be denied. When employees seek leave due to FMLA-qualifying reasons for which the Company has previously provided FMLA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA leave. 2. Timing of Employee .Notice Employees must provide 30 days' advance notice of the need to take FMLA leave when the need is foreseeable: When 30 days' notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the Company notice of the need for leave as soon as practicable under the facts and circumstancesof the particular case. Employees who fail to give 30 days' notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied. B. 'Cooperate in the Scheduling of Planned Medical Treatment (Including Accepting Transfers to Alternative Positions) and Intermittent Leave or Reduced Leave Schedules When planning medical treatment, employees must consult with the Company and make a reasonable effort to schedule treatment so as not to unduly disrupt .the Company's operations, subject to the approval of the employee's health care provider. Employees must consult with the Company prior to the scheduling of treatment to work out a treatment schedule that best suits the needs of both the Company and the employees, subject to the approval of the employee's health care provider . If employees providing notice of the need to take FMLA leave on. an intermittent basis for planned medical treatment neglect to fulfill this obligation, the Company may require employees to attempt to make such arrangements, subject to the approval of the employee's health care provider. When employees take intermittent or. reduced work schedule leave for foreseeable planned medical treatment. for the employee or a family member, including during a period of recovery from a serious health condition or. to care for a covered servicemember, the Company may temporarily transfer employees, during the period that the intermittent or reduced leave schedules are required, to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave. When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, upon request, employees must advise the Company of the reason why such leave is medically necessary. In such instances, the Company and employee shall attempt to work out a leave schedule that meets the employee's needs without unduly disrupting the Company's operations, subject to the approval of the employee's health care provider. C. Submit Medical Certifications Supporting Need for FMLA Leave (Unrelated to Requests for Military Family Leave) Depending on the nature of FMLA leave sought, employees may be required to submit medical certifications supporting their need for FMLA-qualifying leave. As described below, there generally are three types of FMLA medical certifications: an initial certification, a recertification and a return to work/fitness for duty certification. 28 790 It is the employee's responsibility to provide the Company with timely, complete and sufficient medical certifications. Whenever the Company requests employees to provide FMLA medical certifications, employees must provide the requested certifications within 15 calendar days after the Company's request, unless it is not practicable to do so despite the employee's diligent, good faith efforts. The Company will inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven calendar days to cure deficiencies. The Company will deny FMLA leave to employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical certifications. With the employee's permission, the Company (through individuals other than the employee's direct supervisor) may contact the employee's health care provider to authenticate or clarify completed and sufficient medical certifications. If employees choose not to provide the Company with authorization allowing it to clarify or authenticate certifications with health care providers, the Company may deny FMLA leave if certifications are unclear. Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete and/or sufficient FMLA medical certifications. 1. Initial Medical Certifications Employees requesting leave because of their own, or a covered relation's, serious health condition, or to care for a covered servicemember, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family or service member. If employees -provide at least 30 days' notice of medical leave, they should submit the medical certification before leave begins. - A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year. If the Company has reason to doubt initial medical certifications, it may require employees to obtain a second opinion at the Company's expense. If the opinions of the initial and second health care providers differ, the Company may, at its expense, require employees to obtain a third, final and binding certification from a health care provider designated or approved jointly by the Company and the employee. 2. Medical Recertifications Depending on the circumstances and duration of FMLA leave, the Company may require employees to provide recertification of medical conditions giving rise to the need for leave. The Company will notify employees if recertification is required and will give employees at least 15 calendar days to provide medical recertification. 3. Return to Work/Fitness for Duty Medical Certifications Unless notified that providing such certifications is not necessary, employees returning to work from FMLA leaves that were taken because of their own serious health conditions that made them unable to perform their jobs must provide the Company with medical certification confirming they are able to return to work and the employees' ability to perform the essential functions of the employees' position, with or without reasonable accommodation. The Company may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications. D. Submit Certifications Supporting Need for Military Family Leave Upon request, the fust time employees seek leave due to qualifying exigencies arising out of the covered active duty or call to covered active duty status of a military member, the Company may require employees to provide: 1) a copy of the military member's active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to covered active duty status and the dates of 791 29 the military member's covered active duty service; and 2) a certification from the employee setting forth information .concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to covered active duty status of the same or a different military member. When leave is taken to care for a covered servicemember with a serious injury or illness, the Company may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with the FMLA regulations, the Company may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave. E. Substitute Paid Leave for Unpaid FMLA Leave Employees may use any accrued paid time while taking unpaid FMLA leave. j The substitution of paid time for unpaid. FMLA leave time does not extend the length of FMLA leave and the paid time will run concurrently with the employee's FMLA entitlement. Leaves of absence taken in connection with a disability leave plan or workers' compensation injury/illness shall run concurrently with any FMLA leave entitlement. Upon written request, the Company will allow employees to use accrued paid time to supplement any paid disability benefits. F. Pay Employee's Share of Health Insurance Premiums During FMLA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work Unless the Company notifies employees of other arrangements, whenever employees are receiving pay from the Company during FMLA leave, the Company will deduct the employee portion of the group health plan premium from the employee's paycheck in the same manner as if the employee was actively working. If FMLA leave is unpaid, employees must pay their portion of the group health premium through a method determined by the Company upon leave. IV. Questions and/or Complaints about FMLA Leave If you have questions regarding this FMLA policy, please contact Controller. The Company is .committed to complying with the FMLA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA. The FMLA makes it unlawful for employers to: 1) interfere with, restrain or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Controller immediately. The Company will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations. 30 792 V. Coordination of FMLA Leave with Other Leave Policies The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any State or local law that provides greater family or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when FMLA leave is either not available or exhausted, please consult the Company's other leave policies in this handbook or contact Controller. 793 31 Section 5 - General Standards of Conducl 5-1. Workplace Conduct National Health Transport, Inc. endeavors to maintain a positive work environment. Each employee plays a role in fostering this environment. Accordingly, we all must abide by certain rules of conduct, based on honesty, common sense and fair play. Because everyone may not have the same idea about proper workplace conduct, it is helpful to adopt and enforce rules all can follow. Unacceptable conduct may subject the offender to disciplinary action, up to and including discharge, in the Company's sole discretion. The following are examples of some, but not all, conduct which can be considered unacceptable: 1. Obtaining employment on the basis of false or misleading information. 2. Stealing, removing or defacing National Health Transport, Inc. property or a co-worker's property, and/or disclosure of confidential information. 3. Completing another employee's time records. 4. Violation of safety rules and policies. 5. Violation of National Health Transport, Inc.'s Drug and Alcohol -Free Workplace Policy. ; 6. Fighting, threatening or disrupting the work of others or other violations of National Health Transport, Inc.'s Workplace Violence Policy. 7. Failure to follow lawful instructions of a supervisor. 8. Failure to perform assigned job duties. 9. Violation of the Punctuality and Attendance Policy, including but not limited to irregular attendance, habitual lateness or unexcused absences. 10. Gambling on Company property. 11. Willful or careless destruction or damage to Company assets or to the equipment or possessions of another employee. 12. Wasting work materials. 13. Performing work of a personal nature during working time. 14. Violation of the Solicitation and Distribution Policy. 15. Violation of National Health Transport, Inc.'s Harassment or Equal Employment Opportunity Policies. 16. Violation of the Communication and Computer Systems Policy. 17. Unsatisfactory job performance. 18. Any other violation of National Health Transport, Inc. policy. Obviously, not every type of misconduct can be listed. Note that all employees are employed at -will, and National Health Transport, Inc. reserves the right to impose whatever discipline it chooses, or none at all, in a particular instance. The Company will deal with each situation individually and nothing in this handbook should be construed as a promise of specific treatment in a given situation. However, National Health Transport, Inc. will endeavor to utilize progressive discipline but reserves the right in its sole discretion to terminate the employee at any time for any reason. The observance of these rules will help to ensure that our workplace remains a safe and desirable place to work. 32 794 5-2. Progressive Discipline The purpose of this policy is to state National Health Transport's position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. 'The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels. National Health Transport's own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future. Although employment with National Health Transport is based on mutual consent and both the employee and National Health Transport have the right to terminate employment at will, with or without cause or advance notice, National Health Transport may use progressive discipline at its discretion. Disciplinary action may call for any of four steps -- verbal warning, written warning, suspension with or without pay, or termination of employment -- depending on the severity of the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed. Progressive discipline means that, with respect to most disciplinary problems, these steps will normally be followed: a first offense may call for a verbal warning; a next offense may be followed by a written warning; another offense may lead to a suspension; and, still another offense may then lead to termination of employment. National Health Transport recognizes that there are certain types of employee problems that are serious enough to justify either a suspension, or, in extreme situations, termination of employment, without going through the usual progressive discipline steps. While it is impossible to list every type of behavior that may be deemed a serious offense, the Employee Conduct and Work Rules policy includes examples of problems that may result in immediate suspension or termination of employment. However, the problems listed are not all necessarily serious offenses, but may be examples of unsatisfactory conduct that will trigger progressive discipline. By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and National Health Transport. 5-3. Punctuality and Attendance STATEMENT OF POLICY: To fulfill our obligations to our patients and to our communities, the Company must operate 24 hours a day, 7 days a week. The Company expects all employees to assume diligent responsibility to their attendance and promptness. DETAILS OF POLICY: Regular Attendance: • Regular attendance of all employees is mandatory. Absenteeism that is excessive in the judgment of the Company will result in disciplinary action up to and including discharge. 795 33 • When calling out for a shift, employees are required to call in directly to their Operations Supervisor a minimum of four hours prior to the start of the assigned. shift. Failure to .make contact within the minimum of four hours prior to the beginning of the shift may be considered a No Call/No Show. ■ If you are scheduled to work a twenty or twenty -four-hour shift, employees are required to call in directly to their Operations Supervisor a minimum of eight hours prior to the start of the assigned shift. Failure to make .contact within the minimum of four hours prior to the beginning of the shift may be considered shift abandonment. • Any employee that calls in sick for their shift will be relieved for the entire shift.. • If an employee knows that their illness will be such duration that more than one shift will be missed, the employee must advise their On- Duty Operation Supervisor. • If an employee is off shift due to illness for (3) three or more consecutive shifts, the employee must provide a medical release to the Human Resources Department prior to returning to work. The employee should also contact the Human Resources Department regarding any available LOA's. • The employee is required to call the On -Duty Supervisor if the employee becomes too ill or has a true emergency while on shift and cannot continue in a safe and effective manner. • If the employee advises that they are too ill to work an assigned shift and is later found to have not been ill, the employee will be subject to disciplinary action for a No Call/ No Show, up to and including. discharge. • Employees may be required to produce medical documentation prior to returning to work and may also be required to be evaluated and cleared for duty by the Company Physician. Tardiness or Absenteeism: 1. All employees shall not punch in any sooner than 3 minutes prior to their scheduled start time. Proper approval must be obtained from an authorized member of management for any exceptions. If an employee finds they are going to be late for their shift, they should call their Operations Supervisor as soon as they know they will be late. 2. Reporting for duty 5 minutes Iater than the scheduled start time of the shift will be considered tardy. For the purposes of determining the current time, the E -Bio Clock time clock shall have control. Mandatory Overtime: 1. The Company may call employees in with little or no notice for unscheduled shifts, based on Company, customer, or emergency needs. . 2. The Company will notify an affected employee as soon as possible whenever it is known that involuntary overtime will be required. 3. No , employee may refuse to work overtime in an emergency or critical situation. The Chief Operating Officer or designee may excuse an employee from involuntary overtime work for good and verifiable reasons. *Excessive absenteeism and tardiness will lead to disciplinary action. -No Call/No Show: 1. Failure to notify the On -Duty Operations Supervisor or Operations Manager within the authorized time frame prior to calling out may be considered a No Call/No Show. The On -Duty Supervisor can be reached 24 hours a day/ 7 days a week. 34 796 • If you receive a voice mail when contacting your Supervisor, you must leave a call back number where you can be reached. 2. If the employee advises that they are too ill to work an assigned shin and are later found to have not been ill, this will have considered a No Call/No Show. 3. A shift will be considered abandoned if an employee leaves without proper relief or expressed permission of a Manager or Supervisor. 4. Failure to arrive for an assigned shift without proper notification may be. considered No Call/No Show. 5. No Call/No Show is a serious infraction, which may result in disciplinary action up to, and including discharge. Employee Responsibilities: 1. Employees are responsible for being in their work area and ready to work by their scheduled start time. 2. If an employee is a No Call/No Show for two consecutive days, it will be considered job abandonment. 3. If an employee misses three (3) consecutive. shifts, a doctor's note is required before they are permitted to return to work. This program is NOT intended to give employees additional time off or work without being subject to disciplinary action. It is also not intended to eliminate your responsibilities, as the employee, to notify your supervisor when you will be late, absent or need to leave early. Employees may be subject to the disciplinary process for excessive tardiness or call offs. Statement of Policy: The Company will utilize a progressive disciplinary process in a fair and consistent manner with all employees. The application of the disciplinary process will be implemented by management taking into account the severity of the infraction, frequency of occurrence, potential liability, and the impact to the organization caused by such infractions. Details of Policy: 1. Disciplinary actions may include, but not be limited to, one or more of the following • Record of Discussion: A Disciplinary warning or counseling discussion of the employee on substandard job performance with recommendations and/or directions for change. • Verbal Warning: A Verbal warning. of the employee on substandard job performance with recommendations and/or directions for change. • Written Warning: A written statement of substandard job performance detailing the • Substandard job performance and required improvements needed in that job performance. The written warning may, but is not required to, detail further disciplinary actions should the employee fail to perform future job actions in an acceptable manner. • Letter of Termination Warning: A time limited period in which the employee must demonstrate acceptable job performance or be subject to further disciplinary action or discharge. • Termination: The discharge of the employee from the Company 797 35 2. Statement of Policy: Shift Trades are designed to offer employees flexibility in acquiring time away from work. Details of Policy: Shift Trade I 1. A Shift Trade is defined as an hour for hour exchange with another employee of like certification and qualification. 2. A Shift Trade must occur in the same pay week (Sunday a.m. to Saturday p.m.). 3. A Shift Trade must be submitted at least 3 business days prior to the start of the first shift in the trade. A Shift Trade request must be approved by the Shift Supervisor. 4. It is the responsibility of the employee requesting the trade to confirm the approval to notify all parties involved. 5. A Shift Trade cannot result more than 36 consecutive hours worked. 6. Both Parties must agree to the shift trade. 1. 7. Upon approval of the Shift Trade by a Operations Supervisor or Operations Manager, the employees that have agreed to specific shifts will be responsible for working those shifts. Failure to work the specific shift will be treated as shift abandonment. 8. If the employee finds a qualified employee who is willing to accept the hours, the request for trade shall not be unreasonably denied. 54. Use of Communications and Computer Systems National Health Transport, Inc.'s communications and computer systems are intended primarily for business purposes; however limited personal usage is permitted if it does not hinder performance of job duties or violate any other Company policy. This includes the voice mail, e-mail and Internet systems. Users have no legitimate expectation of privacy in regard to their use of the I National Health Transport, Inc. systems. National Health Transport, Inc. may access the voice mail and e-mail systems and obtain the communications within the systems, including past voice mail and e-mail messages, without notice to users of the system, in the ordinary course of business when the Company deems it appropriate to do so. The reasons for which the Company may obtain such access include, but, are not limited to: maintaining the system; preventing or investigating allegations of system abuse or misuse; assuring compliance with software copyright laws; complying with legal and regulatory requests for ;information; and ensuring that Company operations continue appropriately during the employee's absence. Further, National Health Transport, Inc. may review Internet usage to ensure that such use with Company property, or communications sent via the Internet with Company property, are appropriate. The reasons for which the Company may review employees' use of the Internet with Company property include, but are not limited to: maintaining the system; preventing ori investigating allegations of system abuse or misuse; assuring compliance with software copyright laws; complying with legal and regulatory requests for information; and ensuring that Company operations continue appropriately during the employee's absence. The Company may store electronic communications for a period of time after the communication is created. From time to time, copies of communications may be deleted. I The Company's policies prohibiting harassment, in their entirety, apply to the use of Company's 36 798 communication and computer systems. No one may use any communication or computer system in a manner that may be construed by others as harassing or offensive based on race, national origin, sex, sexual orientation, age, disability, religious beliefs or any other characteristic protected by federal, state or local law. Further, since the Company's communication and computer systems are intended for business use, all employees, upon request, must inform management of any private access codes or passwords. , Unauthorized duplication of copyrighted computer software violates the law and is strictly prohibited. No employee may access, or attempt to obtain access to, another employee's computer systems without � appropriate authorization. Violators of this policy may be subject to disciplinary action, up to and including discharge. 5-5. Use of Social Media National Health Transport, Inc. respects the right of any employee to maintain a blog or web page or to participate in a social networking, Twitter or similar site, including but not limited to Facebook and LinkedIn. However, to protect Company interests and ensure employees focus on their job duties, employees must adhere to the following rules: Employees may not post on a blog or web page or participate on a social networking platform, such as Twitter or similar site, during work time or at any time with Company equipment or property. All rules regarding confidential and proprietary business information apply in full to blogs, web pages and social networking platforms, such as Twitter, Facebook, LinkedIn or similar sites. Any information that cannot be disclosed through a conversation, a note or an e-mail also cannot be disclosed in a blog, web page or social networking site. Whether the employees are posting something on their own blog, web page, social networking, Twitter or similar site or on someone else's, if the employee mentions the Company and also expresses either a political opinion or an opinion regarding the Company's actions that could pose an actual or potential conflict of interest with the Company, the poster must include a disclaimer. The poster should specifically state that the opinion expressed is his/her personal opinion and not the Company's position. This is necessary to preserve the Company's good will in the marketplace. Any conduct that is impermissible under the law if expressed in any other form or forum is impermissible if expressed through a blog, web page, social networking, Twitter or similar site. For example, posted material that is discriminatory, obscene, defamatory, libelous or violent is forbidders. Company policies apply equally to employee social media usage. National Health Transport, Inc. encourages all employees to keep in mind the speed and manner in which information posted on a blog, web page, and/or social networking site is received and often misunderstood by readers. Employees must use their best judgment. Employees with any questions should review the guidelines above and/or consult with their manager. Failure to follow these guidelines may result in discipline, up to and including discharge. 37 799 5-5. Personal and Company -Provided Portable Communication Devices National Health Transport, Inc. -provided portable communication devices (PCDs), including cell phones and personal digital assistants, should be used primarily for business purposes. Employees have no reasonable expectation of privacy in regard to the use of such devices, and all use is subject to monitoring, to the maximum extent permitted by applicable law. This includes, as permitted, the right to monitor personal communications as necessary. Some employees may be authorized to use their own PCD for business purposes. These employees should work with the IT department to configure their PCD for business use. Communications sent via a personal PCD also may subject to monitoring if sent through the Company's networks and the PCD must be provided for inspection and review upon request. All conversations, text messages and e-mails must be professional. When sending a text message or using a PCD for business purposes, whether it is a Company -provided or personal device, employees must comply with applicable Company guidelines, including policies on sexual harassment, discrimination, conduct, confidentiality, equipment use and operation of vehicles. Using a Company -issued PCD to send or receive personal text messages is prohibited at all times and personal use during working hours should be limited to emergency situations. If employees who use a personal PCD for business resign or are discharged, they will be required to submit the device to the IT department for resetting on or before their last day of work. At that time, the IT department will reset and remove all information from the device, including but not limited to, Company information and personal data (such as contacts, e-mails and photographs). The IT department will make efforts to provide employees with the personal data in another form (e.g., on a disk) to the extent practicable; however, the employee may lose some or all personal data saved on the device. Employees may not use their personal PCD for business unless they agree to submit the device to the IT department on or before their last day of work for resetting and removal of Company information. This is the only way currently possible to ensure that all Company information is removed from the device at the time of termination. The removal of Company information is crucial to ensure compliance with the Company's confidentiality and proprietary information policies and objectives. Please note that whether employees use their personal PCD or a Company -issued device, the Company's electronic communications policies, including but not limited to, proper use of communications and computer systems, remain in effect. Portable Communication Device Use While Driving Employees who drive on Company business must abide by all state or local laws prohibiting or limiting PCD (cell phone or personal digital assistant) use while driving. Further, even if usage is permitted, employees may choose to refrain from using any PCD while driving. "Use" includes, but is not limited to, talking or listening to another person or sending an electronic or text message via the PCD. Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving, employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is absolutely necessary while driving, and permitted by law, employees must use a hands-free option and advise the caller that they are unable to speak at that time and will return the call shortly. 38 800 Under no circumstances should employees feel that they need to place themselves at risk to fulfill business needs. Since this policy does not require any employee to use a cell phone while driving, employees who are charged with traffic violations resulting from the use of their PCDs while driving will be solely responsible for all liabilities that result from such actions. Tex -ting and e -mailing while driving is prohibited in all circumstances. 15-7. Camera Phones/Recording Devices I Due to the potential for issues such as invasion of privacy, sexual harassment and loss of productivity, as well as inappropriate disclosure of confidential information, no employee may use a camera phone function on any phone on National Health Transport, Inc. property orwhile performing work for the Company. The use of tape recorders, Dictaphones or other types of voice recording devices anywhere on Company property, including to record conversations or activities of other employees or management, or while performing work for the Company, is also strictly prohibited, unless the device was .provided to you by the Company and is used solely for legitimate business purposes. 5-8. Inspections National Health Transport, Inc. reserves the right to require employees while on Company property, or on client property, to agree to the inspection of their persons, personal possessions and property,'personal vehicles parked on Company or client property, and work areas. This includes lockers, vehicles, desks, cabinets, work stations, packages, handbags, briefcases and other personal possessions or places of concealment, as well as personal mail sent to the Company or to its clients. Employees are expected to cooperate in the conduct of any search or inspection. 5-9. Smoking In keeping with National Health Transport intent to provide a safe and healthful work environment, smoking is prohibited throughout the workplace and in any National Health Transport vehicle. This policy applies equally to all employees, customers, and visitors. 5-10. Personal Visits and Telephone Calls Disruptions during work time can lead to errors and delays. Therefore, personal telephone calls must be kept to a minimum, and only be made or received after working time, or during lunch or break time. For safety and security reasons, employees are prohibited from having personal guests visit or accompanying them anywhere in National Health Transport, Inc. facilities other than the reception areas. 801 39 15-11. Solicitation and Distribution To avoid distractions, solicitation by the employee of another employee is prohibited while either employee is on work time. "Work time" is defined as the time the employee is engaged, or should be engaged, in performing his/her work tasks for National Health iTransport, Inc. Solicitation of any kind by non -employees on Company premises is prohibited at all times... Distribution of advertising material, handbills, printed or written literature of any kind in working areas of the Company is prohibited at all times. Distribution' of literature by non -employees on Company premises is prohibited at all times. 5-12. Bulletin Boards Important notices and items of general interest are continually posted on National Health Transport, Inc. bulletin boards. Employees should make it a practice to review bulletin boards frequently. This will assist employees in keeping up with what is current' at National Health Transport, Inc. To avoid confusion, employees should not post or remove any material from the bulletin board unless they have approval from the COO or CFO. 5-13. Confidential Company Information During the course of work, employees may become aware of confidential information about National Health Transport, Inc.'s business, including but not limited to information regarding Company finances, pricing, products and new product development, software and computer programs, marketing strategies, suppliers and customers and potential customers. Employees also may become aware of similar confidential information belonging to the Company's clients. It is extremely important that all such information remain confidential, and particularly not be disclosed to National Health Transport, Inc.'s competitors. Any employee who improperly copies, removes (whether physically or electronically), uses or discloses confidential information to anyone outside of the Company may be subject to disciplinary action up to and including termination. Employees may be required to sign an agreement reiterating theseobligations. 15-14. Conflict of Interest and Business Ethics I It is National Health Transport, Inc.'s policy that all employees avoid any conflict between their personal interests and those of the Company. The purpose of this policy is to ensure that the Company's honesty and integrity, and therefore its reputation, are not compromised. The fundamental principle guiding this policy is that no employee should have, or appear to have, personal interests or relationships that actually or potentially conflict with the best interests of the Company. i It is not possible to give an exhaustive list of situations that might involve violations of this policy. However, the situations that would constitute a conflict in most cases include but are not limited to: holding an interest in or accepting free or discounted goods from any organization that does, or is, seeking to do, business with the Company, by any employee who is in a position to directly or indirectly' influence either the Company's decision to do business, or the terms upon which business would be { 40 802 done with such organization; 2. holding any interest in an organization that competes with the Company; 3. being employed by (including as a consultant) or serving on the board of any organization which does, or is seeking to do, business with the Company or which competes with the Company; and/or 4. profiting personally, e.g., through commissions, loans, expense reimbursements or other payments, from any organization seeking to do business with the Company. i A conflict of interest would also exist when a member of the employee's immediate family is involved in situations such as those above. This policy is not intended to prohibit the acceptance of modest courtesies, openly given and accepted as part of the usual business amenities, for example, occasional business-related meals or promotional items of nominal or minor value. i It is the employee's responsibility to report any actual or potential conflict that may exist between the. employee (and the employee's immediate family) and the Company. 15-15. Use of Facilities, Equipment and Property, Including Intellectual Property a Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using property, employees are expected to exercise care; perform required maintenance, and follow all operating instructions, safety standards and guidelines. i Employees should notify their supervisor if any equipment, machines, or tools appear to be damaged, defective or in need of repair. Prompt reporting of loss, damages, defects and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. Supervisors can answer any questions about the employees' responsibility for maintenance' and care of equipment used on the job. Employees also are prohibited from any unauthorized use of the Company's intellectual property, such as audio and video tapes, print materials and software. Improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in discipline, up to and including discharge. I Further, the Company is not responsible for any damage to employees' personal belongings unless the employee's supervisor provided advance approval for the employee to bring the personal property to work. 5-16. Health and Safety The health and safety of employees and others on Company property are of critical concern to National Health Transport, Inc. The Company intends to comply with all health and safety laws applicable to our business. To this end, we must rely upon employees to ensure that work areas are kept safe and free of hazardous conditions. Employees are required to be conscientious about workplace safety, including proper operating methods, and recognize dangerous conditions or hazards. Any unsafe conditions or potential hazards should be reported to management immediately, even if the problem appears to be corrected Any suspicion of a concealed danger present on the Company's premises, or in a product, facility, piece of equipment, process or business practice for which the Company is responsible should be brought to the attention of management immediately. 803 41 Periodically, the Company may issue rules and guidelines governing workplace safety and health. The Company may also issue rules and guidelines regarding the handling and disposal of hazardous substances and waste. All employees should familiarize themselves with these rules and guidelines, as strict compliance will be expected. ' In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the Shift Commander and COO or the immediate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures. 15-17. Hiring Relatives/Employee Relationships 1 A familial. relationship among employees can create an actual or at least a potential conflict of interest in the employment setting, especially where one relative supervises another relative. To avoid this problem, National Health Transport, Inc. may refuse to hire or place a relative in a position where the potential for favoritism or conflict exists. In other cases, such as personal relationships where! a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or discharged from employment, at the discretion of the Company. Accordingly, all parties to any type of intimate personal relationship must inform management. If two employees marry, become related, or enter into an intimate relationship, they may not remain in a reporting relationship or in positions where one individual may affect the compensation or other terms or conditions of employment of the other individual. The Company generally will attempt to identify other available positions, but if no alternate position is available, the Company retains the right to decide which employee will remain with the Company. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of.persons who are related by blood or marriage. 5-18. Employee Dress and Personal Appearance Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image National Health Transport presents to the community. 1 During business hours or when representing National Health Transport, you are expected to present a clean, neat, and tasteful appearance. You should dress and groom yourself according to the requirements of your position and accepted social standards. Your supervisor or department head is responsible for establishing a reasonable dress code appropriate to the job you perform. Consult your supervisor if you have questions as to what constitutes appropriate appearance. Where necessary and appropriate, a reasonable accommodation may be made based on a disability, religious belief, or other legally protected characteristic. , The standard uniform for field personnel is as follows: All personnel, while on duty shall carry a valid CPR card, First Aid, a valid class E license, hack license and/or all other state certifications that apply to his or her position. In lieu of carrying the original certificates, F 42 804 personnel may carry a photocopy of the certificates. Each employee must provide National Health Transport with a copy of each certification for inclusion in their personnel file. Male employees are not allowed to have goatees or excessive sideburns. Mustaches must be trimmed at the comer of the lips and must comply with OSHA standards. and regulations, finger nails must be trimmed, hair cut is to be at collar length and above ear line. NO PONY TAILS. Female employees must have their hair picked up in a ponytail or in a bun. Females may wear one set of post type earrings but are not permitted to wear earrings that dangle (hoops) etc., no nose, eyebrow, lip or tongue rings are allowed. Male earrings are not permitted. No braids are permitted for men or women. Field personnel are not permitted to wear necklaces while on duty for safety reasons. National Health Transport will provide a polo type ,shirt with short sleeves. Reasonable personal tailoring is permitted. Only navy-blue trousers approved by the company will be allowed to be worn. All EMTs and paramedics are required to wear an operating watch with a second hand. A belt must be worn. The belt must be black leather with a silver buckle. Reasonable variations in buckle styles are permitted. Black shoes or boots shall be wom with the uniform. Boots or shoes with steel toe are preferable for safety. All boots and shoes shall have rubber soles and heels. Boots and shoes shall be cleaned and polished periodically to present a. clean and professional appearance. Under no circumstances will trousers be tucked inside the boots. White, Black, Navy Blue socks shall be wom with the uniform. Uniforms shall always be kept neat . Uniforms shall only be worn in their entirety, even if the employee is off duty. If the employee is off duty and is wearing a company uniform it must be in a professional environment. Therefore; it must not be wom where intoxicants are consumed, except in restaurants where you are consuming food, but no alcoholic beverages. Remember while you are in uniform you are representing the Company. Wearing insignia pins such as AHA (American Heart Association) pins and symbols relating to the profession is permitted but must be approved by administration. Other items such as caps, dangling earrings or anything that tends to distract from the uniform are not permitted to be worn in an exposed fashion. Uniform Issue Procedures: All field personnel shall be,issued the following uniforms: A) Two (2) Polo shirts B) Company picture ID C) Company Jacket Each prospective employee completing the training program will be authorized to pick up the company uniform from the authorized suppliers. The issuing of the uniforms shall be coordinated through the operations Manager. Uniform suppliers will not issue any uniform parts withoutprior authorization by the Operations Manager. Replacement of uniform parts is the responsibility of the employee. 805 43 Upon termination of employment, personnel will return all company property to the Shift Commander or Operations Manager prior to receiving their final paycheck. The cost of any unretumed property will be deducted from the final paycheck. 5-19. Publicity/Statements to the Media I All media inquiries regarding the position of the Company as to any issues must be referred to the President. Only the President is authorized to make or approve public statements on behalf of the Company. No employees, unless specifically designated by the President, are authorized to make those statements on behalf of Company. Any employee wishing to write and/or publish an article, paper, or other publication on behalf of the Company must fust obtain approval from the President. 15-20. Operation of Vehicles All employees authorized to drive Company-owned or leased vehicles or personal vehicles in conducting Company business must possess a current, valid driver's license and an acceptable driving record. Any change in license status or driving record must be reported to management immediately. Employees must have a valid driver's license in their possession while operating a vehicle off or on Company property. It is the responsibility of every employee to drive safely and obey all traffic, vehicle safety, and parking laws or regulations. Drivers must demonstrate safe driving habits at all times. Company-owned or leased vehicles may be used only as authorized by management. I Portable Communication Device Use While Driving Employees who drive on Company business must abide by all state or local laws prohibiting or limiting portable communication device (PCD) use, including cell phones or personal digital assistants, while driving. Further, even if use is permitted, employees may choose to refrain from using any PCD while driving. "Use" includes, but is not limited to, talking or listening io another person or sending an electronic or text message via the PCD. i Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving, employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is absolutely necessary while the employees are driving, and permitted by law, they must use a hands-free option and advise the caller that they are unable to speak at that time and will return the call shortly. Under no circumstances should employees feel that they need to place themselves at risk to fulfill business needs. ' Since this policy does not require any employee to use a PCD while driving, employees who are charged with traffic violations resulting from the use of their PGDs while driving will be solely responsible for all liabilities that result from such actions. Texting and e -mailing while driving is prohibited in all circumstances. 44 806 15-21. Operating Incididents Ij Operating Incidents National Health Transport provides i quality and professional service with the patient's best interest at all time. Should a situation that questions quality or professional services arise, a .fact finding investigation will be initiated immediately and a resolution forth coming. i All personnel are required to notify the appropriate Dispatcher, Supervisor or Manager immediately with any incident involving patient care, protocols, customer service, vehicles or any type of grievance. i Listed below are 4 areas identified with steps to follow should any of the above be reported. This list is not all inclusive and may require other forms of investigating, notification and resolution at any time by any manager of National Health Transport. Violations of Protocols i National Health Transport uses EMS protocols under the instruction of its medical director for the transportation and treatment of all patients. All EMT's and Paramedics are required to work within the Florida Regional Common EMS Protocols. In the unlikely event of a protocol variation whether intentional or accidental the following actions must be taken: • A supervisor will be notified immediately • A supervisor or COO will be assigned to conduct and direct the investigation. • The medical director will be notified of initial findings and make recommendations of whether the employee will be removed from the schedule pending investigation or not • If the employee is removed by the Medical Director from the schedule, the Scheduling Department will be notified by the supervisor or Manager conducting the investigation • All parties involved will be interviewed by the Supervisor or Manager conducting the investigation. Written incident reports will be submitted' and reviewed by the supervisor or COO conducting the investigation • The COO will be notified of the initial investigation and concluding results • The Medical Director will be informed of all findings in the investigation. • Closing documentation, a resolution and disciplinary action, if warranted, will be recorded and administered by the Supervisor or COO and placed in the employee's personnel file Patient Incidents National Health Transport treats and moves patients with quality equipment, job knowledge and the patient's safety in mind. Should a situation that question's quality, equipment failure or misuse and/or anything or anyone that caused harm to the patient arise, a fact finding investigation will be initiated immediately. In the unlikely event of a patient incident the following actions must be taken: • A supervisor will be notified immediately • A supervisor or Manager will be assigned to" conduct and direct the investigation. • If the employee is removed by the supervisor or Manager from the schedule, Scheduling Department will be notified conducting the investigation • All parties involved will be interviewed by the Supervisor or Manager conducting the investigation. Written incident reports will be submitted 'and reviewed by the supervisor or Manager conducting the 807 45 investigation Closing documentation, a resolution and disciplinary action, if warranted, will be recorded and administered by the Supervisor or Manager and placed in the employee's personnel file Vehicle Incident with or Without Damage National Health Transport has a fleet of ambulances that are on a regular maintenance program to ensure high quality performance. Should a situation that questions quality, equipment failure or operator misuse that causes damage to a vehicle or harm to a patient a fact finding investigation will be initiated immediately using the following actions: • A Dispatcher will be notified immediately • A Dispatcher or Manager will be assigned to conduct and direct the investigation. • If the employee is removed by the supervisor or Manager from the schedule, Scheduling Department will be notified conducting the investigation • All parties involved will be interviewed by the Dispatcher or Manager conducting the investigation. Written incident reports will be submitted and reviewed by the supervisor or Manager conducting the investigation • The supervisor or Manager conducting the investigation will review all facts and will make a decision on Disciplinary. Action up to and including termination. • Removal of driving status may be permanent or temporary depending on the findings of the investigation. The Dispatcher or Manager conducting the investigation will notify the employee, scheduling and Human Resources of their decision • Closing documentation, a resolution and disciplinary action, if warranted, will be recorded and administered by the Dispatcher or Manager and placed in the employee's personnel file • Note: If an accident is involved, post -accident drug testing will be conducted as well. Positive results will result in immediate termination Driving and Vehicle Procedures Seat belts - All persons riding in any company owned vehicle must use seat belts and shoulder restraints. (where available) at all times when the vehicle is in motion. If you are involved in an accident while riding in a company vehicle and do not have your seat belt on, you may not be covered by worker's compensation and will be subj ect to disciplinary action. • Fueling - due to the emergency nature of the ambulance service, and the possibility of traveling long distances, it is necessary to ensure that all vehicles always have adequate fuel supplies . Each vehicle shall be refueled as soon as possible after reaching the one-half full mark on: the vehicle's fuel gauge or at the end of each shift. When refueling, crews are to use self-service pumps and are to be aware of the type of fuel that their vehicle uses. Refueling with the wrong fuel is an inexcusable offense and disciplinary action will follow. Vehicles are to be turned off while refueling. Company vehicles are to be used for official purposes while conducting company business. Employee's family members, friends or any other unauthorized personnel are not permitted to drive or 46 808 ride in the vehicle. When transporting a patient to a receiving facility, one family member may accompany the patient either in the front cab or patient compartment and must wear a seat belt. The employee performing patient care may prevent family members from riding in the patient compartment. Personnel must avoid overcrowding the vehicle, keeping the care of the patient in mind when allowing relatives to accompany the patient. Drivers are personally responsible for any violation, citation or parking tickets issued either directly to the driver or to the vehicle while in the driver's possession. Drivers should not expect company vehicles to receive special parking consideration except as provided by the law. All personnel shall report any change in driver license status to management immediately. This shall include citations received while off-duty. • Insurance and Accident Reports: ■ It is required that all vehicular accidents, either while in motion or while parked, be promptly reported and fully documented regardless of the amount of damage and/or personal injury to either party. This report shall be completed immediately and submitted to a Manager on the appropriate form. ■. In the event of a vehicular accident, care of.injured persons must take the highest priority. If there are no injuries, company personnel are to attempt to locate witnesses to the accident. ■ In the event of a vehicular accident, a police report MUST be completed in addition to the company accident report form. The reports will be reviewed by management and forwarded to the insurance carrier. ■ The driver of a company vehicle involved in a vehicular accident may be relieved of duty, pending investigation. The driver may be required to take a drug test by the supervisor. ■ In the event of a personal injury, the employee will complete the company's Injury Report immediately or within twenty-four (24) hours of the injury or when: practical and submit the report to management. If the employee is in need of medical attention, he shall coordinate obtaining this In order to prevent careless backing accidents, it shall be standing procedure for the attendant to dismount the vehicle and guide the driver in all instances when a company vehicle is being backed. If the driver is alone, he shall dismount from the vehicle and survey the area behind the vehicle prior to carefully and slowly backing up. The driver is cautioned to receive backing instructions only from his/her partner and not from other individuals who may not give the driver their complete attention. These same procedures will be used when maneuvering. the vehicle in small spaces. Response codes: Code 3 - Emergency response. Emergency lights and siren are employed throughout the entire run. Shutdown lights and siren upon approaching the scene. If a patient's condition deteriorates while transporting to a receiving facility and the attendant has determined that non -emergency response to the facility will further: jeopardize the condition, then code 3 responses shall be warranted. Dispatch must be notified anytime a unit is responding or transporting a patient Code 3. Dispatch will contact the on -duty Supervisor. Code 1 - Non -emergency response or routine response. Comply with all posted speed, traffic signs and traffic devices. Emergency lights and siren will not be used, as no life hazard exists. Any unauthorized use of lights and sirens and/or PA system will be subject to Administrative Action up to and including termination. 809 47 • When responding to an emergency scene with emergency lights and siren being used, all traffic laws, signs and signals will be obeyed including school zones. When approaching a signal -controlled intersection with a red light, stop, or yield sign, the vehicle is required to come to a FULL STOP. Only after a complete stop may you proceed cautiously once you and you partner (if present in the front seat) have cleared all lanes of oncoming traffic. Always be prepared to stop at any time. Continuous use of defensive driving techniques is mandatory. Remember that the use of emergency warning equipment does not relieve the driver of his/her obligation to drive in a safe manner. Under no circumstances should an emergency vehicle closely follow another vehicle when the other vehicle is using its emergency lights and siren. • When transporting a patient from the airport to a hospital or hospital to the airport the physician and flight crew may from time to time request a code 3 response. This is no different than any other situation; the code 3 response must be cleared through dispatch and management. • For security purposes anytime a vehicle is to be parked anywhere and left unattended the engine and batteries are to be turned off and all doors and compartments are to be locked. Batteries must be turned on before the unit is started. 15-22. Business Expense Reimbursement National Health Transport will reimburse employees for reasonable National Health Transport expenses incurred while on assignments away from the normal work location. All National Health Transport travel must be approved in advance by an immediate supervisor. Employees whose travel plans have been approved i e responsible for making their own travel arrangements. When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing National Health Transport objectives will be reimbursed by National Health Transport. Employees are expected to limit expenses to reasonable amounts. I Employees who are involved in an accident whiled traveling on business must promptly report the incident to their immediate supervisor. Vehicles owned, leased, or rented by National Health Transport may not be used for personal use without prior approval. I When travel is completed, employees should submit completed travel expense reports within 30 days. Reports should be accompanied by receipts for all individual expenses. Employees should contact their supervisor for;guidance and assistance on procedures related .to travel arrangements, expense reports, reimbursement for specific expenses, or any other National Health Transport issues. I Abuse of this National Health Transport expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment. j 48 ' 810 5-23. Recycling i National Health Transport supports environmental awareness by encouraging recycling and waste management in its business practices and operating procedures. This support includes a commitment to the purchase, use, and disposal of products and materials in a manner that will best utilize natural resources and minimize any negative impact on the earth's environment. Special recycling receptacles have been set up toy promote the separation and collection of the following recyclable materials at National Health Transport: • computer paper • white high grade or bond paper National Health Transport encourages reducing and, 'when possible, eliminating the use of disposable products. Source reduction decreases the consumption of valuable resources through such workplace practices as: • turning off lights when not in use Whenever possible, employees of National Health Transport are encouraged to purchase products for the workplace that contain recycled or easily recyclable materials. Buying recycled products supports recycling and increases the markets for recyclable materials. By recycling, National Health Transport is helping to solve trash disposal and control problems facing all of us today. 5-24. References National Health Transport, Inc. will respond to reference requests through the Human Resources Department. The Company will provide general information concerning the employee such as date of hire, date of discharge, and positions held. Requests for reference information must be in writing, and responses will be in writing. Please refer all requests for references to the Human Resources Department. Only the Human Resources Department may provide references. 15-25. If You Must Leave Us Should any employees decide to leave the Company, we ask that they provide a Supervisor with at least two (2) weeks advance notice of departure. Thoughtfulness will be appreciated. All Company, property including, but not limited to, keys, security cards, parking passes, laptop computers, fax machines, uniforms, -etc., must be returned at separation. Employees also must return all of the Company's Confidential Information upon separation. To the extent permitted by law, employees will be required to repay the Company (through payroll deduction, if lawful) for any lost or damaged Company property. As noted previously, all employees are employed at -will and nothing in this handbook changes that status. 811 49 15-26. A Few Closing Words This handbook is intended to give employees a broad summary of things they should know about National Health Transport, Inc. The information in this handbook is general in nature and, should questions arise, any member of management should be consulted for complete details. While we intend to continue the policies, rules and benefits described in this handbook, National Health Transport, Inc., in its sole discretion, may always amend, add to, delete from or modify the provisions of this handbook and/or change its interpretation of any provision set forth in this handbook. Employees should not hesitate to speak to management if they have any questions about the Company or its personnel policies and practices. 50' 812 i Section 6 - Florida Addendum 16-1. Domestic Violence Leave f Employees who have worked for the Company for at least three (3) months may be granted up to three (3) days of unpaid leave in any 12 -month period if the employee or a family or household member of the employee is the victim of domestic violence. Leave may be used to: • seek an injunction forprotection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence; • obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence; • obtain services from a victim -services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence; • make their home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or • seek legal assistance in addressing issues arising from the act of domestic violence. "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Except in cases of imminent danger to the healthor safety of the employees or their family or household member, three (3) days advance notice of the need for leave is required. Sufficient documentation of the act of domestic violence, such as a restraining order, police report or order to appear in court, is also required. Requests for leave and documents in connection with this leave will be kept confidential to the extent permitted by law. 813 51 VSection 7 - Maryland Addendum I I 17-1. Pregnancy Accommodations In compliance with Maryland law, if a pregnant employee requests an accommodation for a disability caused or contributed to by pregnancy, National Health Transport, Inc. will explore reasonable accommodations with the pregnant employee, and it will endeavor to provide a reasonable accommodation unless doing so would impose an undue hardship on National Health Transport, Inc. Such accommodations may include: 1. changing the employee's job duties; 2. changing the employee's work hours, relocating the employee's work area; 3. providing mechanical or electrical aids; 4. transferring the employee to a less strenuous or less hazardous position; 5. providing leave. The Company may require a certification from the employee's health care provider concerning the medical advisability of a reasonable accommodation to the :same extent a certification is required for other temporary disabilities. A certification should include: 1. the date the reasonable accommodation became medically advisable; 2. the probable duration of the reasonable accommodation; and 3. an explanatory statement as to the medical advisability of the reasonable accommodation. Employees with questions or concerns regarding this policy or who would like to request an accommodation should contact the Employee's Manager. 17-2. Earned Sick and Safe Leave I Eligibility The Company provides paid Earned Sick and Safe Leave (ESSL) to eligible employees who regularly work at least 12 hours per week in Maryland pursuant to the Maryland Healthy Working Families Act. For employees who work in Maryland who are eligible for sick time under the general paid Sick Days policy, this policy applies solely to the extent it provides greater beriefitslrights on any specific issue or issues than the general paid Sick Days policy. Accrual Employees begin to accrue ESSL pursuant to this!policy on February 11 2018 or at the start of employment, whichever is later. Employees accrue ESSL at a rate of one (1) hour for every 30 hours worked, up to a maximum accrual of 40 hours of paid ESSL per calendar year, and 64 hours of paid ESSL at any time. Employees will not accrue ESSL during any: 1) !two- (2-) week pay period in which the employee worked fewer than 24 hours total; 2) one- (1-) week pay period if the employee worked fewer than a combined total of 24 hours in the current and the immediately preceding pay period; or 3) pay period in which the employee is paid twice a month regardless of the number of weeks in a pay period and the employee worked fewer than 26 52 814 hours in the pay period. Exempt employees are assumed to work 40 hours in each workweek unless their normal workweek is less than 40 hours, in which case ESSL accrues based upon that normal workweek. For purposes of this policy, the calendar year is the consecutive 12 -month period beginning January 1 and ending on December 31. Usage Employees may begin using ESSL under this policy after the 106th calendar day of employment. Employees may use ESSL in the smallest increment that the Company's payroll system uses to account for absences or work time, and no employee will be required to take ESSL in an increment of more than four (4) hours. The employee may not use more than 64 hours of accrued ESSL per calendar year. The Employee may use ESSL under this policy for the following reasons: 1. to care for or treat the employee's mental or physical illness, injury or condition or to obtain preventive medical care; 2. to care for a family member with a mental or physical illness, injury or condition, or to obtain preventive medical care for a family member; 3. for maternity or paternity leave; or 4. if the absence from work is due to domestic violence, sexual assault or stalking committed against the employee or the employee's family member and the leave is used either during the time that the employee has temporarily relocated due to domestic violence, sexual assault or stalking, or to obtain (for the employee -or the employee's family) any of the following: • medical or mental health attention that is related to the domestic violence, sexual assault or stalking; • services from a victim services organization related to the domestic violence sexual assault or stalking; or • legal services or proceedings related to the domestic violence sexual assault or stalking. For purposes of this policy, family member means: 1) a biological, adopted, foster or stepchild of the employee; a child for whom the employee has legal or physical custody or guardianship; or a child for whom the employee stands in loco parentis, regardless of child's age; 2) a biological, adoptive, foster or stepparent of the employee or the employee's spouse; legal guardian of the employee; or an individual who acted as a parent or stood in loco parentis to the employee or the employee spouse when the employee or the employee's spouse was a minor; 3) spouse of the employee; 4) a biological, adoptive, foster or stepgrandparent of the employee; 5) a biological, adoptive, foster or stepgrandchild of the employee; or 6) a biological, adopted, foster or stepsibling of the employee. Unless the employee advises otherwise, the Company will assume, subject to applicable law, that employees want to use available earned sick and safe leave for absences for reasons set forth above, and employees will be paid for such absences to the extent they have ESSL available. Employees will be notified of available ESSL each time wages are paid. Notice and Documentation To use ESSL, the employee must request leave from the Company as soon as practicable after determining the 815 53 need for leave and provide notification of the anticipated duration of the leave. When requesting ESSL that is foreseeable, employees must provide advance notice of seven (7) days before the date the ESSL will begin. When requesting ESSL that is not foreseeable, employees must provide notice as soon as practicable. Failure to provide such notice may result in denial of the employee's request for ESSL if the absence will cause a disruption to the Company. The Company may require the employees to provide verification that the leave was used in accordance with applicable law when they use ESSL: • for more than two (2) consecutive scheduledIshifts; or • between the first 107th and 120th calendar days of employment and the employee agreed to provide verification at the time of hire. If the employees fail to provide such verification, the Company may deny any subsequent request from them to take ESSL for the same reason. +� I � The employee's use of ESSL will not be conditioned upon searching for or finding a replacement worker. Payment ESSL under this policy will be calculated based on 'the employee's wage rate at the time of absence. r Carryover and Payout i The employee may carry over up to 40 hours of accrued, unused ESSL under this policy. Accrued but unused ESSL under this policy will not be paid at separation. Enforcement and Retaliation I The Company prohibits retaliatory or adverse action against employees who exercise their rights in good faith concerning this policy. Employees have the right to file a complaint with the Commissioner of Labor and Industry, or bring a civil action to enforce an orderlagainst the Company if their rights are restrained. I Employees with questions regarding this policy can contact the CFO and/or CFO. I 7-3. Witness Leave Employees called to serve as a witness in a judicial proceeding must notify their supervisor as soon as possible. Employees will not be compensated for time away from work to participate in a court case, but may use available vacation and personal time to cover the jeriod of absence. Employees attending judicial proceedings in response to a subpoena will not be terminated for their absence. 54 816 General Handbook Acknowledgment This Employee Handbook is an important document intended to help employees become' acquainted with National Health Transport, Inc. This document is intended to provide guidelines and general descriptions only; it is not the final word in all cases. Individual circumstances may call for individual attention. Because the Company's operations may change, the contents of this Handbook may be changed at any time, with or without notice, in an individual case or generally, at the sole discretion of management. Please read the following statements and sign below to indicate your receipt and acknowledgment of this Handbook I have received and read. a copy of National Health Transport, Inc.'s Employees Handbook. I understand that the policies, rules and benefits described in it are subject to change at the sole discretion of the Company at any time. I further understand that my employment is terminable at will, either by myself or the Company, with or without cause or notice, regardless of the length of my employment or the granting of benefits of any land. I understand that no representative of National Health Transport, Inc. other than the President may alter "at will" status and any such modification must be in a signed writing. I understand that my signature below indicates that I have read and understand the above statements and that I have received a copy of the Company's Employee Handbook. Employee's Printed Name: Employee's Signature: Position: Date: The signed original copy of this acknowledgment should be given to management - it will be filed in your personnel file. 817 55 I Receipt of Non -Harassment Policy I I It is National Health Transport, Inc.'s policy to prohibit intentional and unintentional harassment of or against job applicants, contractors, interns, volunteers or employees by another employee, supervisor, vendor, customer or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth and pregnancy -related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information or any other characteristic protected by applicable federal, state or local laws (referred to as "protected characteristics"). Such conduct will not be tolerated by National Health Transport, Inc. The purpose of this policy is not to regulate our employees' personal morality, but to ensure that no one harasses another individual in the workplace, including while on Company premises, while on Company business (whether or not on Company premises) or while representing the Company. In addition to being a violation of this policy, harassment or retaliation based on any protected characteristic as defined by applicable federal, state, or local laws also is unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted or testified in an investigation or proceeding involving a complaint of sexual harassment as defined by applicable federal, state, or local laws are unlawful.! Harassment Defined I I Harassment generally is defined in this policy as unwelcome verbal, visual or physical conduct that denigrates or shows hostility or aversion towards an individual because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. I Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive.posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e- mails) or physical conduct (including physically threatening another, blocking someone's way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state or local laws. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy. Sexual Harassment Defined i Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal, visual or physical conduct of a sexual nature when: • submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or • submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or • the conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Examples of conduct that violate this policy include: 56 818 1. unwelcome flirtations, leering, whistling, touching, pinching, assault, blocking normal movement; 2. requests for sexual favors or demands for sexual favors in exchange for favorable treatment; 3. obscene or vulgar gestures, posters or comments; 4. sexual jokes or comments about a person's body, sexual prowess or sexual deficiencies; 5. propositions or suggestive or insulting comments of a sexual nature; 6. derogatory cartoons, posters and drawings; 7. sexually -explicit e-mails, text messages or voicemails; 8. uninvited touching of a sexual nature; 9. unwelcome sexually -related comments; 10. conversation about one's own or someone else's sex life; 11. conduct or comments consistently targeted at only one gender, even if the content is not sexual; and 12. teasing or other conduct directed toward a person because of the person's gender. Reporting Procedures If the employee has been subjected to or witnessed conduct which violates this policy, the employee should immediately report the matter to Controller. If the employee is unable for any reason to contact this person, or if the employee has not received an initial response within five (5) business days after reporting any incident of what the employee perceives to be harassment, the employee should contact the President. If the person toward whom the complaint is directed is one of the individuals indicated above, the employee should contact any higher-level manager in the reporting hierarchy. Investigation Procedures Every report of perceived harassment will be fully investigated, and corrective action will be taken where appropriate. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. All employees must cooperate with all investigations conducted pursuant to this policy. Retaliation Prohibited . In addition, the Company will not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. If the employee has been subjected to any such retaliation, the employee should report it in the same manner in which the employee would report a claim of perceived harassment under this policy. Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and including termination. I have read and I understand National Health Transport, Inc.'s Non -Harassment Policy. Employee's Printed Name: Employee's Signature: Position: Date: The signed original copy of this receipt should be given to management - it will be filed in your personnel file. 819 57 i NATIONAL HEALTH 820 j PROM TW£ MEDICAL aIR£CTOR: The following document is designed to enhance the delivery of state of the art emergency care to all those we serve. It reflects the latest in pre -hospital research as well as guidelines promulgated by local, state and national organizations, including the American Heart Association. The general and cardiac treatment protocols once again use icons for rapid scanning. The icons indicate Signs and Symptoms, Basic and Advanced Life Support intervention, Physician Consult indications, Pediatric Care, Cautions, and Contraindications for procedures and medication administration. Field personnel are reminded that "patients do not know protocols." More precisely, patients often present with an injury or illness which dictates the use of multiple protocols at one time. Each patient should be evaluated thoroughly to assure the most prudent use of the appropriate protocol(s). Key information during the initial physical evaluation, medical questioning, and the scene survey are all-important components of a patient care plan. Areas of concern regarding the patient's surroundings, questionable history and/or other "red flags" should always be reported to the receiving hospital personnel. I hereby authorize use of these protocols by EMT's and Paramedics working for National Health Transport. In addition, National Health Transport will utilize Miami -Dade County's Trauma Transport Protocol (TTP) whenever applicable. MccJuw,7,J. Zappa, M.D., FACED Medical Director September 2015 821 HOW TO USE ICON PROTOCOLS The protocols use an icon system, which places all the treatment modalities for each problem in the same location. BLS, ALS, adult and pediatric protocols are grouped together by topic. S/S Information listed under this icon points out signs, symptoms, and other pertinent points relating to the specific protocol. BASIC LIFE SUPPORT Information listed under this icon indicates the treatment that is authorized for EMT's and Paramedics to use either when arriving first on scene or in conjunction with the ALS rescue crew. ADVANCED LIFE SUPPORT Information listed under this icon indicates the treatment that is authorized for Paramedics to use without having to contact medical control. PHYSCIAN CONSULT Treatments listed under this icon require physician's orders prior to treatment either from the receiving facility or Medical Director. ;W PEDIATRIC This icon indicates treatments for pediatric patients LAI Information under this icon serves as cautionary notes related to that particular protocol. DANGER c�®a41ao��a�©tom Information under this icon identifies treatments or conditions, which are contraindicated for that particular protocol. 822 BLS STANDARD REQUIRMENTS SECURE AIRWAY O Positioning: Recovery position: Altered mental status, seizures (Contraindicated in cervical spine injuries). • Head tilt chin lift • Modified jaw thrust (Cervical spine Injury) • Nasal pharyngeal airway for conscious patients • Oral pharyngeal airway for.unconscious patients ASSSESS BREATHINGIVENTILATION Q Low flow oxygen: For all patients not requiring high flow oxygen or assisted ventilation's O High flow oxygen: For patients with a ventilatory rate greater than 24 breaths per minute D BVM: respiratory arrestor an altered mental status with a respiratory rates. less then 8 breaths per minute Ll EOA: after hyperventilation if ALS crew is delayed CIRCULATION O Carotid & radial: rate & quality VITAL SIGNS O Blood pressure • Pulse: rate & quality • Respiration's: rate & quality O Pulse ox: on room air, prior to oxygen administration Apply AED on all unconscious patients. 823 ALS STANDARD REQU I RRA EN TS Tobe performed on all ALS patients Primary Survey ❑ Airway: secure airway as appropriate ❑ Breathing ❑ Circulation: check carotid and radial pulses ❑ Disability: AVPU ❑ Neurological Exam: level of consciousness, gross motor & sensory Oxygen ❑ Pulse ox: pre & post oxygen administration ❑ Ventilation: support as needed Lung Sounds ECG ❑ ECG monitoring ❑ 12 lead when applicable Vital Signs ❑ Blood pressure ❑ Pulse: rate & quality ❑ Respiration: rate & quality O Skin: color, condition, temperature IV Blood Glucose level ❑ known diabetics and altered mental status patients History & Physical Exam ❑ see protocol Patients will be transported to the most appropriate facility as directed by the patients condition. 824 HISTORY AND PHYSICAL EXAM When applicable the following history and physical exam should be performed on all medical patients. Refer to BTLS for trauma patients. History ❑ Chief Complaint ❑ History of the present illness: O, P, Q, R, S, T. A o O- On set (timet gradual or sudden) o P- Provoke (palliative, previous episodes) o Q- Quality (of pain) o R- Region (radiation) o S- Severity (1-10) o T- Time (frequency, duration) o A- Associated (signs & symptoms) ❑ Past medical History o Allergies to medications o Medications (prescription & non-prescription) Limited Physical Exam ❑ General: position, level of distress ❑ Neck: Jugular Venous Distension (JVD), trachea midline O Chest: lung sounds (presence, type) ❑ Heart: (rate/rhythm) ❑ Abdomen: soft or firm, tenderness, distended, palpable masses ❑ Extremities: distal pulses, edema, cyanosis ❑ Neurological: level of consciousness, gross motor & sensory ❑ Skim.color, temperature, rashes, lesions, bites & lacerations 825 CARDIAC TREATMENT PROTOCOLS a i 826 CHEST PAIN or S/S ❑ A cardiac alert is called when ST elevation > 1 mm exists in 2 or more contiguous leads. Inferior leads- II, III or AVF, Anterior leads- V1 -V4, Lateral leads -1, AVL, V5 —V6 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Allow patient to sit to maintain their own airway. ❑ EMT's may assist patient in taking their own prescribed nitroglycerin providing their BP is greater than 110mm/hg systolic and they have not taken more than 3 prior to our arrival. ❑ Set up EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ 12 lead EKG. Perform a V4r if ST elevation is noted in 11, 111 or AVF. If noted in V4r run IV @ 250cc/hr. ❑ Aspirin 162 mg PO (if not contraindicated). ❑ Nitroglycerin 0.4mg S/L. May repeat to a total of 3 doses as long as systolic remains above 100mm/hg. If patient is a cardiac alert you may go directly to IV Nitro. ❑ If ST elevation is noted in 2 or more contiguous leads or pain is not fully relieved with sublingual Nitro: • IV Nitroglycerin 10 mcg/min via IV purnp. Increase 10mcg/min every 3-5 mins until pain is relieved or minimum BP is met. (Min. BP is 100mm/hg sys. Must have saline line primed and hanging in case hypotension ensues). PEDIATRIC ❑ Call for orders for treatment of pediatric chest pain. 13 CAUVOON ❑ Administration of nitrates should be accomplished with caution in patients with right ventricular infarct. These patients may be sensitive to nitrates. ❑ Other forms of nitroglycerin should be discontinued when IV Nitroglycerin is initiated. ❑ While IV Nitro is being administered monitor patients blood pressure to ensure the BP does not fall below 100mm/hg systolic. ❑ Morphine Sulfate for pain control. Can be given concurrently with Nitro. 3mg slow IVP. May repeat twice for a total of 9mg. (B/P > 100 mm/hg systolic) DANGER ❑ Baby aspirin is contraindicated inpatients 16 or younger, If the patient has a history of ulcers, recent abdominal surgery or is allergic to aspirin based products. ❑ Do not use nitroglycerin in any form in patients who have taken erectile dysfunction meds, e.g. Viagra, Levitra or Cialis in the past 24 hours. 827 VENTRICULAR FIBRILLATION / PULSELIESS VENTRICULAR TACHYCARDIA BASIC LIFE SUPPORT ❑ Attach AED and analyze rhythm. Follow AED instructions. ❑ Open patient's airway. ❑ Assess breathing. Assist with BVM if necessary. ❑ Check for a pulse. Initiate compressions if absent. ADVANCED LIFE SUPPORT ❑ Defibrillate patient @.200j, 300j and 360j. Repeat defibrillation 30-60 secs after each drug is administered or as appropriate. If patient converts after initial set of defibrillations no antiarrhythmic should be given. If patient returns to V -fib then administer antiarrhythmic upon successful conversion. ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. ❑ Initiate IV access (preferably large bore). ❑ Vasopressin 40 units IVP. Single one time dose only. ❑ Epinephrine 1 mg IVP every 3-5 minutes. If vasopressin was given wait 10 minutes before giving epinephrine. ❑ Amiodarone 300mg IVP (if available) - Or/then Lidocaine 1.5 mg/kg IVP Amiodarone 150 mg IVP (5 mins after 1 � dose) Lidocalne 1.5 mg/kg IVP ❑ Initiate drip of antiarrhythmic that terminated rhythm o Amiodarone Maintenance drip: Using a mini drip mix 150 mg in 100cc's D5W (1.5mg/cc) run @ 1 mg/min (40gtts/min) ❑ Sodium Bicarbonate lmeq/kg after 20 minutes of resuscitation. ❑ Magnesium Sulfate 29ms IVP for Torsade's. Y PEDIATRIC ❑ Defibrillate patient up to 3 times @ 2j/kg, 4j/kg, 4j/kg. Repeat defibrillation after 30-60 secs after each drug is administered or as appropriate. ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. ❑ Epinephrine 0.1mg/kg (1:1000 solution) via ETT if IV access is not available after intubation. ❑ Initiate IV access. If IV cannot be established in 3 attempts or 90 sec's initiate an 10. ❑ Epinephrine 0.01mg/kg (0.1cc/kg)1:10,000 solution IV or 10 0.1 mg/kg 1:1000 solution 2nd and subsequent doses. Every3-5 minutes ❑ Amiodarone 5mg/kg IVP Or/then Lidocaine 1.0 mg/kg IVP VENTRICULAR TACHYCARDIA BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up EKG: ❑ Set up IV, ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ 12 lead EKG if time permits. ❑ Initiate tV access (preferably large. bore). ❑ If Stable: • Amiodarone Infusion.150mg over 10 mins (150mg/100mis: 150gtts/min on a macro) ❑ If Unstable: (Hypotension, Altered LOC, CP, SOB, CHF/Pulmonary Edema) • May give a trial period of medications. • Sedate patient (refer to SEDATION GUIDELINE). • Synchronize cardiovert patient at 100j, 200j, 300j and 360j -e PEDIATRIC O If Stable: • Amiodarone 5m /kg IV bolus over 20 mins Or Lidocaine 1 mg/kg IVP. Repeat every 5-10 minutes to a total of 3mg/kg. Initiate maintenance drip 20-50 mcg/min if rhythm terminates after bolus. D If Unstable: • May give a trial period of medications. • Sedate patient (refer to SEDATION GUIDELINE). • Synchronize cardiovert patient at 0.5j/kg, subsequent shocks at 1.0j/kg. • Lidocaine 1 mg/kg IVP. Initiate Maintenance drip at 20-50mcg/kglmin when arrhythmia terminates. aCQUVOCH ❑ Although the loading dose of lidocaine does not need to be reduced, the maintenance dose should be decreased by 50% in the presence of impaired hepatic blood flow, acute MI, CHF or in patients older than 70 years of age to prevent lidocaine toxicity. ❑ Rates of less than 150 BPM usually do not require immediate cardioversion. 829 ASYSTOLE ❑ Consider the following causes when treating Asystole: • Drug Overdose • Hypokalemia • Hypothermia • Hypoxia • Pre-existing acidosis • Hyperkaiemia 0411 BASIC LIFE SUPPORT 0 Attach AED and analyze the rhythm. Follow AED instructions. ❑ Open patients airway. ❑ Assess breathing. Assist with BVM if needed. ❑ Check for a pulse. Initiate compressions if absent. ADVANCED LIFE SUPPORT ❑ Confirm asystole in 2 leads ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. (3 Initiate IV access (preferably large bore). ❑ Consider Transcutaneous Pacing early along with .drug therapy. ❑ Epinephrine 1 mg IVP every 3-5 minutes. ❑ Atropine.1mg IVP every 3-5 minutes to a maximum of 3mg. O Perform appropriate procedures to reverse possible cause of the Asystole. Y PHYSICIAN CONSULT O Call Medical Director for possible termination of efforts if following criteria is met: 1) Documented asystole for 10 mins. 2) All ALS interventions have been correctly completed. 3) 2 paramedics have confirmed proper tube placement. 4) Social support group is in place for the family. PEDIATRIC ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. ❑ Initiate IV access. If IV cannot be established in 3 attempts or g0 sec's initiate an 10. p Epinephrine 0 0.01 mg/kg (0:1cc/kg)1:10,000 IV or 10 0 0.1 mg/kg 1:1000 IVtIO 2nd. & subsequent doses 0 0.1 mg/kg (0.1cc/kg)1:1000 ETT ❑ Atropine 0.02mg/kg IVP every 3-5minutes to a maximum of 0.04mg/kg. • Minimum dose 0.1 mg. • Maximum single dose 0.5mg for a child, 1.0mg for an adolescent. 830 PULSELESS ELECTRICAL ACTIVITY BASIC LIFE _SUPPORT ❑ Attach AED and analyze the rhythm. Follow AED instructions. O Open patients Airway. ❑ Assess Breathing. Assist with BVM if absent. ❑ Check for a pulse. Initiate compressions if absent. ADVANCED LIFE SUPPORT U ALS standard requirements. ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. ❑ Perform appropriate procedures to reverse possible cause of the PEA. O Epinephrine 1 mg IVP every 3-5 minutes. ❑ May try Transcutaneous pacing and fluid boluses. jf 4 PEDIATRIC ❑ Intubate patient. Verify tube placement via 2 means. Secure tube using approved method. O Initiate IV access. If IV cannot be established in 3 attempts or 90 sec's initiate an 10. ❑ Epinephrine 0.01 mg/kg (0.1 cdkg)1:10,060 IV or 10 0.1 mg/kg 1:1000 IV/IS 2nd: & Subsequent doses 0.1 mg/kg (0.1 cc/kg) 1:1000 ETT =,ua ❑ Consider the following causes when treating PEA: • Hypovolemia • Hypothermia • Hypoxia • Hydrogen Ions (acidosis) • Hyper/Hypokalemia • Tablets (drug overdoses) • Tension Pneumothorax • Tamponade, cardiac • Thrombosis, Coronary • Thrombosis, Pulmonary 831 SUPRAVENTRICULAR; TACHYCARDIA IV BASIC LIFE SUPPORT ❑ BLS standard requirements ❑ Set up EKG ❑ Set up IV ADVANCED LIFE SUPPORT ❑ ALS standard requirements O 12 lead EKG ❑ Vagal maneuver ❑ If Stable: • Adenosine 6mg rapid IVP • Adenosine 12 mg rapid IVP. May repeat once if no conversion. • Monitor patient throughout transport. ❑ If Unstable: (Hypotension, Altered LOC, CP, SOB, CHF/Pulmonary Edema) • May attempt trial bolus of adenosine 6mg rapid IVP if time permits. • Sedate patient (refer to SEDATION GUIDELINE) as needed. • Synchronize cardiovert patient at 100j, 200j, 300j and 360j. • May try adenosine (6mg, 12mg and 12mg). PHYSICIAN CONSULT ❑ Cardizem 15mg slow IVP over 2 minutes for the stable patient or for the unstable patient after other treatments have failed. If no response in 15 minutes repeat @ 20 mg slow IVP. (B/P > 100mmhg). PEDIATRIC ❑ If Stable: • Adenosine 0.1 mg/kg rapid IVP (max initial dose of 6mg) • Adenosine 0.2mg/kg rapid IVP if initial dose fails (max of 12mg) ❑ If Unstable: • May give a trial period of medications. • Sedate patient (refer to SEDATION GUIDELINE). • Synchronize cardiovert patient at 0.5j/kg, subsequent shocks at 1.0j/kg. ❑ Carotid sinus massage is contraindicated in adults but may be used in pediatric patients. ❑ PSVT in pediatrics is considered rates over 220 bpm. ❑ Minimum blood pressure must be greater than 100mm/hg systolic for Cardizem to be administered. O Use Cardizem with caution in patients on beta blockers or oral calcium channel blockers a� DANGER @@WMM r5 l©[@G;1 N@M 13 Do not use Cardizem in patients that have a history, of WPW, or sick sinus syndrome. BRADYCARDIA Ir S/S Q Symptomatic bradycardia, otherwise known as unstable bradycardia, exists with a slow heart rate (<60 beats/min) and hypotension (systolic BP<90mm/hg). BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up EKG. ❑ Setup IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ If Stable: • Monitor patient during transport to the ER. ❑ If Unstable: (Hypotension <90mm/hg systolic) • Atropine 0.5mg IVP, repeat q 3-5 min pm, maximum dose 3mg, if unsuccessful then: • Transcutaneous pacing (consider sedation), or • Dopamine 5-20 mcg/kg/min. Titrate to desired heart rate, or • Epinephrine Infusion 2-10mcg/min, titrate to heart rate >60. PEDIATRIC ❑ Chest compressions if HR< 60 after oxygenation. As appropriate. ❑ Epinephrine 0.01 mg/kg IVP every 5 minutes as needed. ❑ Atropine 0.02mg/kg to a total of 0.04 mg/kg. (minimum single dose 0.1 mg) ( MON ❑ Bradycardia in children is usually secondary to a respiratory problem and hypoxia. Ensure good oxygenation prior to administering any medication. ❑ Do not use atropine.in children less than 1 year of age. MER coo a�oc�a400l ❑ Never treat bradycardia with PVC's with anti -arrhythmic drugs. 833 ATRIAL FIBRILLATION / ATRIAL FLUTTER j� BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Scene survey to identify cause of overdose. ❑ Protect patients airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. (a AOVANCEI? LIFE SUPPORT ❑ ALS standard requirements. ❑ 12 lead. EKG. ❑ Vagal maneuver (have patient bare down only). ❑ If Stable: • Monitor patient throughout transport ❑ If Symptomatic and Normotensive (with rate > 150bom): • Cardizem (diltiazem)15 mg slow IVP over 2 minutes. if no response in 15 minutes repeat @ 20mg slow IVP. (BP > 100mm/hg). ❑ if Svmotomatic and Hypotensive (with rate >150bom): • Sedate patient (refer to SEDATION GUIDELINE). • Synchronize cardiovert patient at 100j, 200j, 300j and 3601. • If cardioversion fails Cardizem (diltiazem)15 mg slow IVP over 2 minutes. If no response in 15 minutes repeat @ 20mg slow IVP. (BP > 100mm/hg). PHYSICIAN CONSULT ❑ If cardioversion fails Cardizem (diltiazem)15 mg slow IVP over 2 minutes. If no response in 15 minutes repeat @ 20mg slow IVP. (BP > 100mm/hg). CAUTION ❑ Use with caution inpatients who are taking oral beta-blockers or oral calcium channel blockers. ❑ Carotid sinus massage is contraindicated in adults but may be used in pediatric patients. DANCER ❑ Do not use Cardizem (diltiazem) in patients that have a history of WPW, sick sinus syndrome. Carotid sinus massage is contraindicated in adults but may be used in pediatrics. HYPERTENSIVE CRISIS 834 SIS O Patients are considered to be having a hypertensive crisis when the BP is greater than 200 systolic or 120 diastolic and is accompanied by: Headache, Epistaxis, Nausea and Vomiting or Visual disturbances. BASIC LIFE SUPPORT ❑ SLS standard requirements. ❑ Check the blood pressure in the other arm if the initial reading is abnormal. ❑ Set up EKG. ❑ Set up IV ADVANCED D LIFE SUPPORT O ALS standard requirements 0 0.4 mg nitroglycerin SIL. May repeat every 5 minutes to a total of 3 doses or until a drop of 30% of the original systolic or diastolic pressure c�a�ao� O Patients who maintain a chronic hypertensive status may require a higher than normal systolic pressure to maintain cerebral perfusion. This should be considered when administering treatment to louver the blood pressure. ❑ Monitor blood pressure every 5 minutes. O Do not treat B/P if patient exhibits S&S of a stroke, see stroke protocol. ❑ If patient is pregnant, see Eclampsia protocol. 835 CONGESTIVE HEART FAILURE/ PULMONARY EDEMA j P, 'L%j 01 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Allow patient to sit up supine to maintain their own airway. ❑ Set up EKG. ❑ Set up IV. (9 ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ 12 lead EKG. Perform a V4r if ST elevation is noted in II, III or AVF. ❑ If patient is in mild/moderate distress place patient on CPAP while other therapies are being initiated. If patient Is in severe respiratory distress, prepare to intubate. 0 Nitroglycerin 0.4mg S/L. May repeat to a total of 3 doses as long as systolic remains above 100mm/hg. ❑ Lasix (furosemide) • 40 mg IVP if patient is not taking Lasix • 80 mg IVP if patient is taking Lasix or has a hx of renal insufficiency. ❑ Morphine Sulfate 3mg slow IVP. Can be given concurrently with Nitro. May repeat twice for a total, of 9mg. (B/P > 100 mmhg systolic) ❑ Use PEEP for intubated patients. PHYSICIAN CONSULT ❑ Lasix (furosemide) with a patient who is febrile. PEDIATRIC ❑ Lasix (furosemide)1.Omg/kg slow IVP. ❑ Morphine sulfate 0.1 mg/kg slow IVP. 13 Administration of nitrates should be done with caution inpatients with right ventricular infarct. These patients may be sensitive to nitrates. tj DANGER o ' , GtJDD4DCOir` ❑ Do not use NTG in any form in patients who have taken erectile dysfunction meds, e.g.: Viagra, Levitra or Cialis in the past 24 hours. 836 CARDIOGENIC SHOCK 00 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Allow patient to sit to maintain their own airway. ❑ Setup EKG. Q Set up IV. (a ADVANCED LIFE SUPPORT Q ALS standard requirements. Q 12 lead EKG. Perform a V4r if ST elevation is noted in II, III or AVF. • If patient has elevation in V4r, and patient is hypotensive (<90mm/hg systolic) administer fluid boluses of up to 2000 cc's of fluid (contraindicated if lung sounds are not clear). ❑ Dopamine 5-20mcg/kg/minute titrated to a BP of 100mm/hg systolic. Q Nitrates for chest pain after BP has been increased. � PEDIATRIC Q Dopamine 5-20mcg/kg/min. ►�' C�©NTRAINDICATtONS ❑ Withhold all fluid boluses if patient has pulmonary edema. 837 TREATMENT' PROTOCOLS 11 -IM -11 rtiv:r ALLERGIC REACTIONS S/S ❑ Generalized allergic reactions are characterized by: Itching, urticaria rash, shortness of breath, difficulty swallowing, edema of the tongue and facial swelling. ❑ If the patient is hypotensive and/or has severe shortness of breath follow the anaphylaxis guideline. BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Try to determine the cause of the reaction. ❑ EMTs may help patient self administer their own EPI -PEN. ❑ Set up EKG monitor ❑ Set up IV ADVANCED LIFE SUPPORT D ALS standard requirements. ❑ Benadryl 25mg IVP or 50 mg IM. Behadryl may be given IM if no IV access. Max. 50 mg. ❑ Albuterol 2:5mg via nebulizer for bronchospasm or sensation of throat closing. O Epinephrine 0.3cc SQ. PEDIATRIC ❑ ALS standard requirements. ❑ Benadryl 1.5 mg/kg IVP. May be given IM if no IV access. ❑ Albuterol (proventil): for bronchospasm • >2 years old- 2.5 mg via nab. < 2 years old —1.25 mg (1.5 cc) in 1.5 cc NaCl via nab. O Epinephrine 0.01 cc/kg SQ (max dose 0.3cc SQ). ❑ If EMTs are going to help patient administer their EPI -PEN, verify that the pen is prescribed for that patient and that it has not expired. ❑ Epinephrine should be avoided in patients over 40 years of age. DANGER CONTRAINUIGATIONS Q Do not give epinephrine to patients with allergic reactions who have a known hx of heart disease. 839 ALTERED MENTAL STATUS rb, M BASIC LIFE SUPPORT 0 BLS standard requirements. ❑ Scene surveyfor possible causes. ❑ Give oral glucose if patient has one or more of the following and Rescue is not on scene: • Pt has intact gag reflex • Altered mental status • Blood sugar < 60 mg/dl ❑ Set up EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. v Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). Cl Narcan 2.Omg IVP (may give IM if no IV access). May repeat q 2-3 min pm. ❑ Sedation for the violent patient (refer to SEDATION GUIDELINE). tY PEDIATRIC ❑ ALS standard requirements. o Blood glucose level (refer to PEDIATRIC DIABETIC EMERGENCIES GUIDELINE). O Narcan 0.1 mglkg. Maximum single dose 2mg. May repeat q 2-3 min pm. CAUTION O Consider possible causes for patient's condition i.e. Trauma, OD, Diabetes, Stroke. 840 ANAPHYLAXIS S/S ❑ Anaphylaxis is defined as a severe allergic reaction with respiratory. distress and/or hypotension. BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Try to determine the cause of the reaction. ❑ EMT's may help patient self administer their EPI -PEN. ❑ Set up EKG monitor. ❑ Set up IV. ADVANCED LIFE SUPPO RT ❑ ALS standard requirements. ❑ Epinephrine 1:1000 0.3 mg SQ (withhold if patient used epi -pen). • If cardiac arrest is imminent or patient is in profound shock give Epinephrine 1:10,000 in 1 ml increments up to a maximum of 5mi's. ❑ Benadryl 50 mg IVP. May give IM if no IV access. ❑ Albuterol (proventil) 2.5 mg via nebulizer for wheezing or absent breath sounds. ❑ If hypotensive refer to HYPOTENSIVE GUIDELINE. PHYSICIAN CONSULT ❑ Physician orders should be obtained for Epinephrine if: Pulse rate is greater than 140 or systolic BP is greater than 200 mm/hg. �-' PEDIATRIC ❑ ALS standard requirements. ❑ Epinephrine 1:1000- 0.01 mg/kg SQ. Maximum dose of 0.3mg. ❑ Benadryl 1.5mg/kg IVP. Maximum dose of 50 mg. May give IM if no IV access. ❑ Albuterol (proventil) for bronchospasm: • >2 years old- 2.5 mg via neb • < 2 years old —1.25 mg in, 1.5 cc NaCl via neb. ❑ If hypotensive refer to PEDIATRIC HYPOTENSION GUIDELINE. CAUTION ❑ If EMTs are going to help patient administer their EPI -PEN, verify that the pen is prescribed for that patient and that it has not expired. 841 S/S BETA BLOCKER OVERDOSE ❑ Patients who have overdosed on Beta Blockers may present with: Decreased LOC, Bradycardia, Hypotension, and Diaphoresis. ❑ Common Beta Blockers are: blocadren (timolol), breviblock (esmolol), cartrol (carteolol), corgard (nadolol), inderal (propanolol), sectral (acebutolol), tenormin (atenolol), trandate/normodyne (labetolol) and visken (pindolol). O Poison Control Center:1-800-282-3171 gaw* BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Scene survey to identify cause of overdose. ❑ Protect patients airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ Glucagon 5mg IVP over 2-5 minutes if patient is unresponsive or hypotensive,1 ❑ Follow appropriate arrhythmia protocol if initial treatment does not work. y PEDIATRIC O Glucagon 1mg IVP over 2-5 minutes if patient is unresponsive or hypotensive. O Follow appropriate arrhythmia protocol ff initial treatment does not work. 842 CALCIUM CHANNEL BLOCKER OVERDOSE SIS ❑ Patients who have overdosed on Calcium Channel Blockers may present with: hypotension, bradycardia, altered mental status; decreased capillary refill ❑ Common Calcium Channel Blockers are: cardizem (diltazem), calan/isoptin (verapmil), norvasc (amiodipine), procardialadalat (nifedipine), and Cardene (nicardipine). BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Scene survey to identify cause of overdose. ❑ Protect patient's airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. 0 ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). ❑ Calcium Chloride 1gm slow NP. ❑ Follow appropriate arrhythmia protocol if initial treatment fails. PHYSICIAN CONSULT ❑ Additional Calcium Chloride. PEDIATRIC ❑ , Calcium Chloride 20mglkg slow IVP, 843 IrS/ S CARBON MONOXIDE EXPOSURE ❑ Signs and symptoms include: headache, irritability, vomiting, chest pain, confusion, loss of coordination, loss, of consciousness and seizures. Cherry red skin or lips is a late sign. BASK LIFE SUPPORT ❑ Remove patient from the source/area. ❑ BLS standard requirements. ❑ Set up EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). ❑ High Flow oxygen and transport to a facility with a hyperbaric chamber. PEDIATRIC ❑ High Flow oxygen and transport to a facility with a hyperbaric chamber. ❑ Remove patient from the hazardous atmosphere prior to treatment. ❑ Due to CO having an attraction for Hemoglobin that is 200 times that of Oxygen patients with CO poisoning may have good pulse ox readings and still be hypoxic. ITS/S COCAINE OVERDOSE ❑ Patients who have overdosed on cocaine may present with the following: agitation, HTN, psychosis, anxiety;. PVC's, hyperthermia; dysrhythmias, dilated pupils, seizures, tachycardia, chest pain. AIF # BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Scene survey to identify cause of overdose. ❑ Protect patient's airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. im ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). ❑ For seizures or combativeness: • Valium (diazepam) 5mg slow IVP, may repeat once to a max.of 10mg. (BIP > 100mm/hg systolic). OR • Versed (midazolam)1-2mg slow IVP. May repeat to a max of 4mg. BP must be > 100mmlhg. PHYSICIAN. CONSULT ❑ Call for orders for Lidocaine (xylocaine) for ventricular arrythmias. DECOMPRESSION SICKNESS 845 S/S ❑ Try to obtain accurate history of the dive i.e. number of dives, depth of dives, interval between dives and type of air mixture in tanks etc. ❑ Some signs of Decompression sickness are: SOB, altered LOC, joint pain neurological deficits, and rash. ❑ If possible bring dive log, dive computer and associated equipment to the hospital. BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up EKG. ❑ Set up IV. ❑ Spinal immobilization if trauma is suspected. ❑ Place patient supine. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ If patient is normotensive: • 500cc bolus 0.9% NaCl followed by a 200cc/hr infusion unless SOB. ❑ If patent is hypotensive: • Rapid 500cc bolus 0.96/o NaCl then 250 cc boluses every 5 minutes until a minimum systolic of 100mm/hg. ❑ Once BP has stabilized:. infuse at 250cc's/hr if lungs dear. ❑ Aspirin 324mg PO ❑ Transport to a facility with a hyperbaric chamber. Y PEDIATRIC ❑ As above with boluses based on body weight. DIABETIC EMERGENCIES S/S ❑ Hypoglycemla: rapid onset, altered LOC, dizziness, slurred speech, cool clammy skin, intoxication -like symptoms. ❑ Hyperglycemia: gradual onset (12-24hrs), with polyuria, polydypsia, polyphagia, dehydration, dry, warm skin. If there is also NN, abdominal pain, fruity breath odor, confusion, tachycardia, tachypnea, and/or hypotension consider DKA (diabetic ketoacidosis). BASIC LIFE SUPPORT O BLS standard requirements. ❑ Give oral glucose if patient has intact gag reflex with one or more of the following: • Altered mental status • Blood glucose < 60 mg/dl ❑ Set up EKG monitor. ❑ Set up IV. 0ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Check Blood Glucose Level. • If Blood glucose level is <60mg4dl. • D50 25g NP or ■ Glucagon 1mg IM if no IV access. • If Blood sugar level is >300mg/dl: •. 500 cc bolus NaCl. If DKA is suspected give 1 000c bolus. May repeat if needed. ❑ Consider Zofran (ondansetron) 4mg IVP overl min for nausea and vomiting. ❑ Repeat Blood Glucose Level. PEDIATRIC ❑ Hypoglycemia • >12 years old: D50 25g IVP. < 12years old: D25 2-4cc/kg IVP. • < 30 days (neonate): D10 2-4cclkg IVP. ❑ If no IV access is available: • < 20kg: Glucagon 0,5mg SQ or IM. • >20kg: Glucagon 1 mg SQ or IM. ^arra 0%UVOCH ❑ Care should betaken when administering glucose to patients who could be suffering a stroke. ❑ Glucagon is intended for use only when IV access cannot be established. Itis not intended to replace IV administration of dextrose. DROWNING / NEAR DROWNING O, BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ C-spine, if applicable. ❑ CPR if no pulse. ❑ Keep patient warm. ❑ Set up EKG ❑ Set up IV ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ If patient is hypotensive: • Rapid 250cc bolus 0.9% NaCl every 5 minutes until a minimum systolic of 100mm/hg. ❑ If no response to fluid bolus: • Dopamine drip beginning at 5mcg/kg/min and titrate to effect. ❑ Treat the appropriate arrhythmia. PEDIATRIC O ALS standard requirements. ❑ If patient is hypotensive: 20cc/kg fluid bolus of 0.9% NaCi. ❑ Consider possible C-spine injury. ❑ If patient Is In cardiac arrest follow appropriate arrhythmia protocol. ❑ No drowning victim is to be pronounced dead at the scene if the possibility of hypothermia exists. ❑ All near drowning patients must be transported to the hospital. Contact the Medical Director for assistance, as needed. -4 . ECLAMPSIA AND SEVERE PRE-ECLAMPSIA S/S ❑ Severe pre-eclampsia usually begins in the third trimester and is characterized by: hypertension, generalized edema, altered mental status, visual disturbances and headache (not all signs may be present). ❑ Eclampsia is characterized by the above signs along with seizures and possible coma. BASIC LIFE SUPPORT ❑ BLS:standard requirements. ❑ Setup EKG. ❑ Set up IV. (a ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). ❑ For Severe Pre-eclampsia: • Magnesium sulfate 4gm bolus over 20 minutes (4g in 50cc NaCl, 38 gtts/min macro drip set, 150 gttslmin micro drip set).. ❑ For Eclampsia: (patients actively seizing) • Magnesium sulfate 2gm IVP over 2 minutes. May repeat once if seizure persists. If seizure subsides after first dose establish a maintenance drip of magnesium sulfate 2g in 25cc's NaCl at 2.5 cc's/min (38gtts/minute using a macro drip set, 150 gttslmin micro drip set). PHYSICIAN CONSULT ❑ Valium (diazepam) or Versed (midazolam) for seizures unresolved by magnesium sulfate. 13CIMMON9 ❑ Do not exceed 4gm of magnesium sulfate unless directed by physician. M HAZARDOUS MARINE STINGS / BITES 'W' BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Irrigate area with 0.9% NaCl, seawater, vinegar or ammonia. ADVANCED LIFE SUPPORT ❑ ALS standard requirements if necessary. ❑ If patient is having an allergic reaction refer to ALLERGIC REACTION GUIDELINE: PHYSICIAN CONSULT ❑ Pain control: r Morphine sulfate 3mg IVP. PEDIATRIC ❑ ALS standard requirements. ❑ If patient is having an allergic reaction refer to appropriate protocol. �`" CAU3IUN ❑ Observe patient for possible allergic reaction and follow appropriate protocol. r� MER ❑ Do not use fresh water on affected area. 850 HAZARDOUS MATERIAL EXPOSURE AND WEAPONS OF MASS DESTRUCTION General Protocol ❑ Rapid extrication and transport.are not the priority. Patient decontamination and personnel protection are of the utmost importance. ❑ When responding to a hazardous materials incident or possible weapons of mass destruction (WMD) call dispatch to ensure a hazardous materials team is responding as per the county wide hazardous materials response protocol. ❑ Medical treatment and patient preparation, including decontamination, will be based on information obtained from the Special Operations Team. o The special operations team will brief EMS treatment personnel on the identity, type, quantity and hazard potential of the materials involved. ❑ Institute the appropriate personal protective measures for all personnel prior to patient contact. ❑ Paramedics, with special training in Hazardous Materials Toxicology, who are assigned to the responding Special Operations Team, will -oversee the research, decontamination and medical treatment of the patients. ❑ BLS.procedures according to the America Heart Association may be implemented when safe to do so and when the patient presents no risk of secondary contamination. ❑ Patients will be transported in the properly prepared ground transport units (usually Special Ops Rescue vehicles) to the appropriate facilities. If the number of patients overwhelms the amount of Special Ops transport units seek the advise of the Special Ops team about preparing the rescue unit for the transport of the patient. 851 HEAT EXPOSURE T, BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Remove from the heat if possible and cool. Remove excessive clothing. ❑ Apply ice packs to neck, axilla, and groin for heat stroke. ❑ Set up EKG ❑ Setup IV ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ If normotensive: • 250cc fluid bolus 0.9% NaCl. ❑ If hypotensive: • Rapid 250cc bolus 0.9% NaCl every 5 minutes until a minimum systolic of 100mm/hg. 4 PEDIATRIC ❑ If hypotensive: • 20cctkg fluid bolus 0.9% NaCl every 5 minutes until an appropriate systolic is reached. r 3 VQUUO`/UV ❑ Do not cool patient to the point of shivering. ❑ Assess lung sounds before and after each fluid bolus. 852 or S/S HYPERKALEMIA o Suspect hyperkalemia in patients with lethal, or potentially lethal arrhythmias, elevated T waves and depressed P waves, and muscular weakness, especially with a history of renal failureldialysis. WI r BASIC LIFE SUPPORT. ❑ BLS standard requirements. ❑ Set up EKG monitor. ❑ Set up IV. I ADVANCED LE SUPPORT F ❑ ALS standard requirements. ❑ Calcium Chloride 1gm iVP. ❑ Sodium Bicarbonate 1 amp IVP. ❑ Follow appropriate arrhythmia Protocol. (9QUU00H ❑ Flush IV line thoroughly between medications. 853 r -W BASIC LIFE SUPPORT tir�ar HYPOTENSION / SHOCK ❑ BLS standard requirements. ❑ Place patient in the shock position unless SOB. / ❑ Keep warm. ❑ Set up EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements ❑ 250 cc bolus of NaCl. May repeat 3 times or to a systolic of 100 mm/hg. ❑ 12 lead ECG to rule out right ventricular infarct. ❑ Dopamine 5-20 mcg/kg/minute titrated to a BP of 100mm/hg systolic. PEDIATRIC ❑ ALS Standard requirements ❑ 20cc/kg bolus of NaCl. May repeat 3 times. o Verify that the patient's lung sounds are clear prior to administering a fluid bolus or laying the patient supine. ❑ Assess lung sounds before and after each fluid bolus. ❑ Consider dehydration, sepsis, cardiac an hymias and cardiogenic shock. �� ' C©NTRAINDIC.4T! *ONS ❑ No fluid boluses for patients with pulmonary edema. 854 S/S NARCOTIC OVERDOSE ❑ Patients who have overdosed on narcotics can present with any of the following: Constricted pupils, decreased LOC, decreased respirations, decreased BP, decreased heart rate, bradycardia, coma or pulmonary edema. ❑ Common Narcotics: codeine, darvon (propoxyphene), demerol (meperidine), dilaudid (hydromorphone), heroin, methadone (dolophine), morphine, oxycontin (oxycodone, percocet), talwin (pentazocine) and vicodin/lorcet/lortab (hydrocodone). ❑ Poison Control Center -1-800-282-3171 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Scene survey to identify cause of overdose. ❑ Protect patient's airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. Is ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). ❑ Narcan 2mg IVP. Titrate to respirations (may give IM if no IV access). May repeat q 2-3 minutes PRN PEDIATRIC ❑ Narcan 0.1mg/kg. Maximum single dose 2mg. May repeat q 2-3 minutes PRN. ❑ Blood glucose level (refer to PEDIATRIC DIABETIC EMERGENCIES GUIDELINE). 855 0 NAUSEA AND VOMITING BASIC LIFE SUPPORT o BLS.standard requirements. ADVANCED LIFE SUPPORT E3 ALS standard requirements. o If hypotensive refer to HYPOTENSION GUIDELINE. o If normotensive 250 cc bolus of NaCl. o Reglan (metoclopramide)10 mg IVP or Zofran (ondansetron) 4mg IVP over 2 minutes. PEDIATRIC. o If hypotensive refer to PEDIATRIC HYPOTENSION GUIDELINE. c'kUv00H Ll Prior to treating the nausea and vomiting rule out Angina; CVA, MI and HTN. If patient presents with any of these along with the N+V follow appropriate protocol. 856 OBSTETRICAL EMERGENCIES BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up OB kit. ❑ Set up IV. Q If normal presentation (head): • Slow controlled delivery of the head; apply gentle perineal pressure. • Observe for meconium staining and if present vigorously suction the oropharynx during delivery with a bulb syringe and immediately after with an ET tube and meconium aspirator. • Once body is delivered, double clamp the cord 10-12 inches from the abdomen. • Stimulate the baby and maintain body temperature. • Record a 1 and 5 minute APGAR score. If mother is bleeding heavily or placenta will not deliver try fundal massage. ❑ If breech presentation (buttocks or feet): • If the head is not delivered within 3 minutes of the body, elevate the mother's hips and insert gloved fingers into the vagina and push the vaginal wall away from the baby's nose and mouth. • Expedite transport with the mother's hips elevated while maintaining the baby's airway. ❑ If prolapsed cord: • Place the mother in a knee to chest position with her hips elevated. • Check the umbilical cord for a pulse. If there is no pulse present insert a gloved hand into the vagina and push the baby up towards the uterus until a pulse returns. • Wrap the exposed cord with a moist sterile dressing and expedite transport.. 0 ADVANCED LIFE SUPPORT ❑ ALS standard requirements for the mother. d 250cc boluses of 0.9% NaCl if hypotensive. 857 OBSTETRICAL EMERGENCIES (cont.) PEDIATRIC o If resuscitation of the newborn is needed follow the Neonatal Inverted Pyramid and current NALS guidelines. Score 0 1 2 Appearance Blue, Pale Body Pink,, extremities blue Completely pink Pulse Absent Below 100 Above 100 Grimace No response Grimaces Cries Activity Limp Some flexion of extremities Active motion Respiration's Absent Slow or irregular Good strong cry. Total Oxygen Sag -Mask Ventilation chest Compressions Intubation / �AUT'ION o Try to obtain a accurate history of pregnancy including: Number of times pregnant (gravida), number of living children (parity), expected due.date, possibility of multiple births, pre -natal care, whether her water has broken (if so was it clear or stained) and drug history. o If labor is premature, prepare for the possibility of a respiratory depressed infant. o If mother is not yet crowning, transport mother in position of comfort. C3 If baby is crowning, and/or contractions are 2 minutes apart or less prepare for a field delivery. ORGANOPHOSPHATE POISONING Prior to entering a potentially contaminated area or making contact with. a contaminated patient, request a Hazardous Material Team for decontamination. Ensure all personnel are adequately protected from all routes of exposure prior to treating patients. S/S ❑ Patients exposed to organophosphates will present with: Salivation, Lacrimation, Urination, Defecation, GI problems, Emesis (SLUDGE). ❑ Poison Control Center -1-800-282-3171 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Protect patient's airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. 0 ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Atropine Sulfate 1mg every 3-5 mins until atropinization occurs (reversal of symptoms). PEDIATRIC ❑ Atropine 0.02mg/kg every 3-5 minutes until atropinization occurs. Minimum dose .1 mg 859 S/S PAIN MANAGEMENT ❑ Patients who have pain that is related to an isolated fracture, dislocation, musculoskeletal injury or burn may receive pain medication. o Patient must have a normal mental status #, BASIC LIFE SUPPORT o BLS standard requirements ❑ Splint affected area. ❑ Setup 1V. ❑ Setup EKG ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Morphine Sulfate 5mg IVP. May repeat once. (systolic >100mm/hg) PEDIATRIC ❑ ALS standard requirements. ❑ Request orders for pain control. i a When administering pain medications patient must be on EKG monitor, and pulse oximetry. ❑ Monitor patient's blood pressure and respirations prior to and after administering M.S. ►. �• CONTRAINDICATIONS ❑ Do not administer pain medications to patients with altered LOC, head injuries, multi- system trauma or abdominal pain. 860 TS/S RESPIRATORY DISTRESS/BRONCHOSPASM ❑ Respiratory distress: • Tachypnea, diaphoresis, use of accessory muscles, wheezing or diminished breath sounds, etc. • Asthma, COPD, Emphysema and Reactive Airway Disease (RAD) BASIC LIFE SUPPORT ❑ BLS standard requirements ❑ Set up EKG. a Set up 1V. WADVANCED LIFE SUPPORT o ALS standard requirements. ❑ 100-cc/hr infusion of NaCl. (asthma) ❑ Albuterol (proventil) for bronchospasm: -2.5 mg via nebulizer. May repeat after 15-20 minutes. ❑ Epinephrine 1:1000 0.3cc SQ' if not contraindicated (if < 40 y/o with no hx of CAD). ❑ Methylprednisolone (solumedrol) 125mg IVP. ❑ If patient has bilateral rales and is normotensive or hypertensive refer to CHF guidelines. ❑ If patient is hypotensive refer to Cardiogenic Shock Guidelines. ❑ Intubate if no improvement and patient is in marked respiratory distress. Refer to Sedation Guideline if necessary. PHYSICIAN CONSULT ❑ Additional breathing treatments. ❑ Epinephrine SQ when above parameters is not met. ❑ Physician orders should be obtained for epinephrine if pulse rate is greater than 140 or systolic BP is greater than 200 mm/hg. ❑ Methylprednisolone (solumedrol) 125mg IVP for COPD �s PEDIATRIC ❑ Albuterol (proventil) :> 2 years old- 2.5 mg via neb. < 2 years old -1.25 mg (1.5 ccs).in 1.5 cc NaCl via neb. 861 ❑ EPI 1:1000 0.01 mg/kg up to 0.3 mg SQ ❑ Bolus of 2cc/kg NaCl (asthma) a Methylprednisolone (solumedrol) 2mg/kg o If patient appears to have croup or epiglottitis do not stress patient and transport in the position of comfort with blow- by oxygen if tolerated. ❑ Care must be taken to rule out wheezes that are secondary to CHF or Pulmonary edema (cardiac asthma). If in doubt request orders prior to administration of epinephrine. ❑ Use caution when administering high flow, oxygen to patientswith COPD; however, never. withhold oxygen to patients with severe shortness of breath. ❑ 'Do not sedate asthmatics unlessn _ necessary to facilitate intubation.. DANGER C�OIr �1iiG?G°�aG�J©�C�Q4�0 nM� ❑ No epinephrine for patients over 40 years old or for patients with a history of cardiovascular disease. 862 r, SIS PEDIATRIC UPPER AIRWAY OBSTRUCTION ❑ Stridor, tripod positioning & drooling as well as the typical signs and symptoms of respiratory distress. ❑ Consider Croup, Epiglottitis, or a foreign body in the upper airway. QPBASIC LIFE SUPPORT ❑ Administer blow by oxygen if tolerated and transport with caregiver or parent if possible ❑ Do not touch or stress patient. ❑ Expedite transport. 863 SEDATION PROTOCOL r 11 -ft 0 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up EKG. ❑ Setup IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ For Combative patients: • Ativan (Lorazepam) 2mg slow IVP. May repeat once to a total of 4mg (B/P > 100 mm/hg systolic required) OR • Versed (Midazolam) 1 mg IVP per minute up 5mg total. (B/P > 100mmfhg systolic required). ❑ For Cardioversion / Pacing or Airway Management: • Versed (Midazolam) 1mg IVP per minute up 5mg total. (B/P > 100mm/hg systolic required). OR • Ativan (Lorazepam) 2mg slow IVP. May repeat once for a total of 4mg. (B/P > 100mmhg systolic required). PEDIATRIC ❑ Ativan (Lorazepam) 0.1 mg/kg slow IVP to a max single dose of 2 mg. For blood pressures consult Broselow Tape. ❑ Versed (Midazolam) 0.1 mg/kg slow IVP to a max single dose of 5mg. For blood pressures consult Broselow Tape. :uta. QQWIFOOH ❑ Ativan (Lorazepam) and Versed (Midazolam) may cause respiratory depression or respiratory arrest. If airway management is unsuccessful administer Romazicon to reverse the effects of Ativan: 864 SEIZURES Q40 BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Setup EKG. ❑ Setup IV. ❑ Protect from injury. ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ Versed (Midazolam) 1 m IVP per minute up 5mg total. (B/P > 100mm/hg systolic required). OR ❑ Ativan (Lorazepam) 2mg slow IVP. May repeat once to a max of 4mg. BP must be > 100mm/hg. ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE). PHYSICIAN CONSULT ❑ Additional Ativan (Lorazepam) or Versed (Midazolam) to control seizures. is ,Z -PEDIATRIC ❑ ALS standard requirements." ❑ Non -febrile seizures: Versed (Midazolam) 0.1 mg/kg slow IVP to a max single dose of 5mg. For blood pressures consult Broseiow Tape. OR Ativan (Lorazepam) 0.1mg/kg slow IVP. Maximum single dose of 2mg. ❑ Febrile seizures: Cool Patient by sponging with tepid water. ❑ Blood Glucose Level (refer to DIABETIC EMERGENCIES GUIDELINE). eAUTION ❑ Use caution not to over cool a febrile patient to the point of shivering. For seizures associated with pregnancy refer to ECLAMPSIA PROTOCOL. ❑ if seizures are due to a possible cyclic antidepressant OD, treat seizures with Sodium bicarb. 865 SNAKE BITE BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Set up EKG. ❑ Set up IV. ❑ Mark area of initial edema. ❑ Remove any constrictive jewelry or clothing. \:/ ADVANCED LIFE SUPPORT ❑ ALS standard requirements. ❑ If patient is having an allergic reaction refer to ALLERGIC REACTION GUIDELINE. ❑ If patient is hypotensive, follow hypotension protocol. PHYSICIAN CONSULT ❑ Pain control. Morphine sulfate 3 mg IVP. PEDIATRIC ❑ ALS standard requirements. ❑ If patient is having an allergic reaction refer to PEDIATRIC ALLERGIC REACTION GUIDELINE. ❑ If a tourniquet Is applied prior to arrival, physician consult is indicated prior to removing the tourniquet. DANGER ❑ The use of ice, tourniquets or constricting bands is contraindicated. 866 STROKE Ll ❑ Signs and symptoms of a stroke are unilateral paralysis and/or paresthesia, visual or speech disturbances, r 'QIP. BASIC LIFE SUPPORT ❑ BLS standard requirements. ❑ Setup EKG. ❑ Set up IV. ADVANCED LIFE SUPPORT ❑ ALS standard requirements ❑ Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE) ❑ Perform Stroke Scale and if no exclusionary criteria are met transport as a "Stroke Alert". ❑ Expedite transport. PHYSICIAN CONSULT. ❑ Treatment of hypertension ❑ If patient is hypertensive (>200 systolic and/or 110 diastolic) call for orders prior to treating the blood pressure. ❑ If patient does not appear to have difficulty breathing use low flow oxygen via cannula. Do not withhold high flow oxygen if patient is SOB. ❑ Rule out head trauma. ❑ Rule out Stroke.Alert Exclusion Criteria: 1) Stroke > 3hrs old. 2) Prior stroke or serious head injury within the past 3 months. 3) Major surgery within the past 14 days. 4) Seizure. prior to the onset of stroke symptoms. 5) Known history of intracranial hemorrhage. 6) Gastrointestinal or urinary tract hemorrhage within the past 21 days. f,� DANGER 00HU 3&OH000 ANOOM ❑ Do not administer aspirin. 867 . PREHOSPITAL STROKE SCALE FACIAL DROOP Have patient smile or show teeth NORMAL Both sides of face move equally. ABNORMAL One side of the face does not move as well as the other side. ARM DRIFT Patient closes eye and holds out arms for a 10 second period NORMAL Both arms move the same or not at all. ABNORMAL One arm drifts when compared to the other. SPEECH Have the patient say 'you can't teach an old dog new tricks NORMAL Patient uses correct words with no slurring. ABNORMAL Words slur, inappropriate or no speech. TRICYCLIC ANTIDEPRESSANT OVERDOSE S/S ❑ Patients that have overdosed on Cyclic Antidepressants (formerly TCA's) may present with: CNS depression, tachycardia, dilated pupils, respiratory depression, slurred speech, twitching, jerking, seizures, AV blocks, lethal arrhythmias, HOT AS HELL (Elevated skin temperature) RED AS A BEET (Flushed Skin) DRY AS A BONE (Dry skin and mucous membranes) BLIND AS A BAT (Visual disturbances) MAD AS A HATTER (Hallucinations and altered LOC) o Common TCA's are: Asendin (Amoxapine), Elavil (Amitriptyline), Norpramin (Desipramine), Pamelor (Nortriptyline), Sinequan (Doxepin), Tofranil (Imipramine), Triavil (Amitriptyline with Perphenazine). 04 BASIC LIFE SUPPORT o BLS standard requirements. o Scene survey to identify cause of overdose. ❑ Protect patient's airway and monitor for vomiting. ❑ Set up EKG. ❑ Set up IV. (81 ADVANCED LIFE SUPPORT ❑ ALS standard requirements. o Blood glucose level (refer to DIABETIC EMERGENCIES GUIDELINE).. o Sodium Bicarbonate 1 amp every 5 minutes until symptoms resolve or 3 amps are given. PHYSICIAN CONSULT o Additional Sodium Bicarbonate PEDIATRIC a Sodium Bicarbonate 1 meq/kg DMIGER 6©M4G3la�MD�C�Q4�®(l�g o Administration of procainamide, magnesium sulfate and calcium chloride is contraindicated in tricyclic antidepressant overdose. 869 Page 1 of 1 R�0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM TYPE OF INSURANCE os/28//coal2021 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(les) 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 NAME: Willis Towers Watson Certificate Center Willis Towers Watson Southeast, Inc. PHONE 1-877-94s-7378 F 1-888-467-2378 - 1AR:.Nei: c/o 26 Century Blvd P.O. Boa 305191 411AIN ADDDRESS• certificates@wiilis.com Nashville, TN 372305191 DSD INSURERS AFFORDING COVERAGE RAIC6 INSURER A: Old Republic Insurance Company 24147 PERSONAL�&ADV INJURY $ INSURED National Health Transport Inc INSURER B INSURER C: 2290 NN 110th Avenue - INSURER D: Sweetwater, PL 33172 INSURER E • INSURER F : 06/01/2021 COVERAGES CERTIFICATE NUMBER: W21100274 REVISION NUMBER: THIS 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. INSR LTR TYPE OF INSURANCE AWL INSO SUBR WV0 POLICY NUMBER POLICY EFFOLIO (MWODryyyyj P IMPMtDDfYYYYILOWS COMMERCIAL GENERAL LIASR.ITY CLAIMS -MADE D OCCUR - EACH OCCURRENCE $ F..S O D PREMISES (Ea occurrence) $ MED EXP (Any one person) - $ PERSONAL�&ADV INJURY $ GENIAGGREGATE LIMIT APPLIES PER: POLICY a JECTT � LOC OTHER: GENERALAGGREGATE $ PRODUCTS $ $ A AUTOMOBILELIABLITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY XnB 313612-21 06/01/2021 06/01/2022 UUNIHINtD NINGLELIMIT Ea accident) $ 1,000,000 BODILY INJURY (Per Person) $ BODILY INJURY (Per accident) $ PROPERTY D E $ Per eoddmt UMBRELLALUIB EXCESSIJAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED I I RETENTION S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i N ANYPROPRIETORIPARTNERIEXECUTTVE OFFICERIMEMBERE:CLUDED7 Sc (Mandatory In NN) n yyes describe under DEs6iRpnONOFOPERATIONS balow NIA MIC 313611 21 06/01/2021 06/01/2022 X STATUTE �ERH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000.000 E.L. DISEASE - POLICY LIMR $ 1,000,000 DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space M requbad) VCR t 1riw.A I r- nuLucK GANGt:LLJA1 IVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Insurance AUTHORIZED REPRESENTATIVE 1988-2016 ACORD CORPORATION. All r&IM reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD v v sR In, 21149277 BATCH, 2111263 871 t � � t2 C13uuuu J J J J Q D D D R 0 o 0 0 Lu. Lu Q J F > a a ID CA ID N N Ln N N d to LALh Q se Z .-1 X O u 2 2 7 > N N w cc OC talo O u t5 u LLG LL LL rn rn r4 -L mLn LD W 1 to Ln rte. gq-4LOCY)r 4 W W Q Q R 00 O O O O � Q Q LL LL l0 G t0 N N epi i' N N N N H H Z Ln Q CLn N N OC C F H, � m c0Q Q 871 L N 4A L 872 Oto O N N to to w 0 to 0 N i 211 I t O �p Y N N N N N N N N N N N d N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 'O N N N N N N N �V GN 0, ei N .-1 N a -i N V-1 NIN ei ei N ei N .-I N rl N N I l � I u d w cc � I cc w °G Cdmadam» uu u u v W W W i»> W W ai ar o oCCcc cc C R m > t��o taw tt! tE�o W W W W W W F i NC1 N N' N N N N N IN N Ln N O N ` O O O O O O O O M\� O C4 \-1 N M R r4 N O i+ 10 n N en N ito N 4 N� xa X. r e\i a\0 99 0 0 0 9999 0 dl �O N w rt a -t M A � C Q n to ry 0 0 M 00 1 N n m N g O^ �p Ln O cn N n l to co rn a O A N nImo ri o0 O T N 00 en N L d A n h C a C N C4 O Vn11 NN i M In tLA' m Ln Ll to U) to W a LL M Q W Q a !y R Z } Z } OC W Z Z. tE0 yrj X } Z y Z Z LU Q LL u H 0 m CZ LU y��j co E N til W p"--' Z J D O to Q C t/O� ddz W z: a Q z N G OG U J Q a j J LL 872 STATE OF FL. AOA DEP A�RTMIENT OF HEALTH BUREAU OF EMERGENCY„MED6CAL OVERSIGHT ADVANCEb t.IFF SUPPORT SERVICE LICENSE Ihi• �5 tacciut+ tlwt NATIONAt.INA1.C11 TRANSPORT IM'. Pnnidrr %am her 1t.141u NUM Of Phn idt7 ,'1290 N0RTll%VEST II0'” AVF,Nl'F SCW FF" MATER FLORIDA 33712 Addrei's has complied »nh Chapter 4171, Florida SmmtuA's. and Chapter 641.1. Florida Administrative Code. and is autburized to uperole as un Advanced life Support Service subjc4l to any and all llmilatians spLtilie l in the apptkable Ccrtiftc:ale(s) of pahiic Cun.Ynirnce and Necessity andlor Manual Aid Agreements for the County(s) listed bdow BRt1WARD, MARTpV, MIA 141-DADF MOPIROE Cmmty est Steve A. Emcrpency Medical Services Administrator Florida Dc rardnertt of I teaith THIS CERTIFICATE EXPIRES ON: 10/09/2021 This t ertifurtt shop be posted in the atrove mentioned csiabNftiera 873 Schedule of Rates for.Non-EmereencV Ambulance Transports Ao428 Basic Life Support Base Fee $338.10 A0426 Advanced Life Support Base Fee $488.30. A0433 Advanced Life Support II Base Fee $878.40 Ao434 Specialty Care Transport Base Fee $900.00 A0422 Oxygen $50.90 A0425 Mileage $11.10 Amo Waiting tlme.per hour is $188.80 for ALS and $169.10 for BLS 2290 NW 11e AVE, SWEETWATER, FL 33172 1 OFFICE: 305-636-5555 I FAX: 305-636-5503 W W W.NATIONALHEALTHTRANSPORT.COM 874 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, the representative of Applicant Name do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I} Raul Rodriguez , the representative of Applicant Name National Health Transport, Inc , do hereby attest that Business Name of service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject .this service and its authorized representatives to corrective action and penalty provided in the referenced authority and.that to the best of my knowledge, all statements on this app ' tion ar a and correct. APPLICA T SIG AT R DATE Before me personally appeared the said Ravi R o j r'1 qyeZ who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose th of. Savor nd subscribed in my presence this ?(o day of. 20Y2i My commission expires: NOTA Y PUBLI JOSE BERMUDEZ MY COMMISSION #HH100336 UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Appiication.doc EXPIRES: MAR 04, 2025 a^� Bonded through 1st State insurance 5 `treasure Coast Newspapers PART OFTH E USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET NOTICE OF PUBLIC HEARING VERO BEACH, FL 32960 NOTICE 15 HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will.conduct a Public COUNTY OF BROWN Hearing to consider the fol- lowing: Before the undersigned authority personally appeared, said AN APPLICATION FOR A legal clerk, who on oath says that he/she is a legal clerk of the CLASS "S" OF PUBLIC CONVENIENCETEAND Indian River Press Journal, a daily newspaper published at Vero NECESSITY BY NATIONAL Beach In Indian River County, Florida: that the attached copy of EALTH TO PRO IDETRANSNON-EMERGENCY advertisement was published in the Indian River Press Journal AMBULANCE INTER -FACILITY in the following issues below. Affiant further says that the said AT THE ALES//BL5 LEVEL, CAL ASODEFINED IN Indian River Press Journal is a newspaper published In Vero AND PURSUANT TO CHAPTER , Florida, and that said Beach in said Indian River County, CO INDIAN RIVER COUNTY CODE. newspaper has heretofore been continuously published In said Indian River County, Florida, daily and distributed in Indian River gg held onblTuesday, ic �nAugust 17 County, Florida, for a period of one year next preceding the first 2021 at 9:05 a.m., or as soon publication of the attached copy of advertisement; and affiant beeheard, instheeCounttyyrCom further says that she has neither paid or promised any person, mission Chambers located on firm or corporation any discount, rebate, commission or refund the first floor of Building A of the County Administrative for the purpose of securing this advertisement for publication :in Complex, 1601 27th Street, the said newspaper. The Indian River Press Journal has been Vara Beach, which time intore3296Q, teres32960, at parties entered as Periodical Matter at the Post Offices in Vero Beach, may be heard with respect to y Indian River County, Florida and has been for a period of one the app,ication. year next preceding the first publication of the attached copy of Any proposed documents may advertisement. be ascertained by the public Burin§ regular business hours (8 3o a.:m, tV :s-60 .p.m:, Men - 08106l2021 day'through FI iday) at the De- Vpartment of Emergenvy Serv- 14, located at 422 Aird .Ave- nue, Vero Beach, Florida 32967. Anyone who may wish to ap- peal 6ny dedsion Which mayy Se made at this meeting will need to .ensure that a verba- tim. record of the proceedings is made; which includes testi- Subscribed and sworn to before on August 6, 2021: mony and evidence upon which the appeal is based. Anyone who needs a speclol accommodation for this meet- ing must contact the County's Americans With Disabilities } Coordinator 12223 L .226 ) t east 48 hours? in Notary S . te`Of Wi C Ufity'af grown advance of the meeting. advance RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIRMAN Pub: Aug 6, 2021 #4649100 My commission faxpires Publication Cost: $114.57 Ad No: 0004849100 Customer No: 1310785 PO #: AMY KOKOTT Notary Public #ofAffidavits l j State of Wisconsin 8 'I 1 , zj )DAL 8-15- 103 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 9, 2021 SUBJECT: County Commissioner Districts — Proposed 2021 Redistricting Plan . At the July 13, 2021 meeting, the Indian River County Board of County Commissioners ("Board") held its first discussion of the redistricting process. A schedule was adopted which called for the first public hearing by the Board to be held on August 17, 2021, to discuss redistricting plans and criteria, to solicit public input, and to adopt a final plan setting forth the criteria upon which the new districts will be based. Attached to this memo is the proposed redistricting plan. The primary purpose of the plan is (1) to list the criteria to be used by staff in preparing preliminary and final district boundaries, and (2) to inform the public of the redistricting process, criteria and schedule. The criteria listed in the proposed plan are those commonly used by counties throughout Florida. Using these criteria, the plan calls for an equalization of population among the districts, with deviations of no more than 3% from the ideal population (total population of the county divided by five) and 6% from the smallest to the largest district. The plan incorporates the schedule adopted at the July 13, 2021 meeting. The next step in the redistricting process will be to have County staff, working with the Supervisor of Elections and municipal representatives who wish to participate, develop conceptual district maps. This will be followed by a second public hearing held by the Board to discuss the conceptual maps, solicit public input, and provide final instructions to staff for the development of a final proposed map, with the goal of adopting that final plan on December 7, 2021. FUNDING. Work will be performed by County and Supervisor of Elections staff. The Supervisor of Elections has already included anticipated redistricting costs in the proposed FY 2021 - 2022 budget. 876 Board of County Commissioners August 9, 2021 Page Two RECOMMENDATION. The County Attorney recommends that the Chairman open the public hearing, take input from the public, and then close the public hearing, and that the Board then consider adoption of the proposed redistricting plan. ATTACHMENT(S). Proposed Redistricting Plan 877 Plan for 2021 Redistricting of Indian River. County Commissioner Districts Introduction The Florida Constitution requires that following thf Commissioners "shall divide the county into districts population as practicable." Florida statutory law m districts "shall be as nearly equal in proportion to pop further states that changes to county commissioner dis years." Thus, the Board must undertake and complete 2021. The purpose of this plan is (1) to preliminary and final district boi and criteria and to invite public i It is noted that while commissioners in Ind by all voters in the col The objecw requtrement� with and pai Board, depet and (3) to en public input. i River Coi qty; not just Redis'trictin a process; ,and (2) to decenniallcensus, the Board of County of/ territory as nearly equal in Tors/thisrequirement by stating that the ilafion as�possible." Florida statutory law •icts "shalrbe made only in odd -numbered the redistricting process before the end of criterr/ia tc guide couny, aff in developing orm the public with respect to the process t\at'all,.st\ages of the sioner is required't ity is "at�'large" n lose residingfin the id'e,in\his or her district, voting for ig that_each commissioner is elected nissioner's district. iectives s of the'rediWicting process are -(J) to establish district boundaries which meet all of state and`fed'eral law, �(2_) to act through a process which encourages cooperation icipation by the Supervisor\of Elections and local municipalities, and the School Jing on whether the\,School`Board wishes to undertake its own redistricting process ure,thatthe process is open and transparent to the public, with ample opportunity for Redistricting Criteria To the extent reasonably possible, county staff is directed to consider and balance the following criteria in developing preliminary and final district boundaries: 1. Population. Districts shall be as nearly equal in population as possible. Total population (rather than voting population) shall be used. Final population figures (i) shall not exceed a deviation of 6% between the largest and the smallest district, and (ii) shall not exceed a deviation of 3% between any district and the "ideal population" (defined as the total population of the county divided by five); 2. Compactness. Districts shall be compact, rather than sprawling; 3. Contiguity. Districts shall be contiguous - that is, no portion of a district shall be geographically separate and apart from the rest of the district; 4. Respect for Existing Districts. The geographical core of existing districts shall be preserved. Current commissioners shall be maintained in their current districts; 5. Communities of Interest. Neighborhoods and other/communities of interest shall be included within a single district, rather than split ampng two or more districts; 6. Natural Boundaries. Districts shall follow major roads, rivers, bridges, canals, etc.; , 7. Census Blocks. Districts shall fa 8. Fair and Equal Representation. No ldistri political influence of any group of residents\ ajbr atural or man-made boundaries - e.g., States Census Bur\tocit, au blocks; and ct .shall/be, drawn or minimize the • July 13, 2021 - general discussion by`the Board, including adoption of a schedule'to complete the redistricting process r ;/� August 17, 1, -firspublic hearing by the Board to discuss edist it cting plans and criteria to,solcit public input, and to adopt a final ,\<plan __1 setting forth t�e criteria'upo which the new districts will be based. Theunty Attorney's office will prepare a proposed plan prior to the meeting, • Between,August)l7, 2021 and October 19, 2021 -County staff, working with the Supervisor of Elections and municipal representatives who wish to participate, will develop conceptual district maps. Upon development, -the maps will be posted by the County and Supervisor of Elections on their websites and at their facilities. Any other local government, including the School Board and other municipalities, will be invited to post the conceptual maps as well • October 19, 2021 - second public hearing by the Board to discuss the conceptual maps, solicit public input, and provide final instructions to staff for the development of a final proposed map 879 Between October 19, 2021 and December 7, 2021 - County staff will develop a final proposed map. Upon development, the map will be posted in the same manner.outlined above for the conceptual maps December 7, 2021 - third and final public hearing by Board to discuss the final proposed map, solicit public input and adopt a final district map Please be aware that this schedule may change due to the timing -of receiving the 2020 decennial census data. ::I On Aug 10, 2021, at 1:53 PM, Leslie Swan <Iswan(Pvoteindianriver.com> wrote: Good afternoon Elizabeth, 8 -(1.zo ) c) . A - sa� 7F - Si eoA I have attached several documents regarding petitions gathered during a year of apportionment. I have also attached the Board of County Commissioners proposed redistricting plan which will be discussed again at the Commission meeting on August 17th. I spoke with the Assistant General Counsel from the Florida Department of State today and she said that the district # can just be omitted, or if there is a district number, we are to ignore it when verifying petitions. At this time, the Elections Office does not know if the Board of County Commissioners is going to keep the same district numbers and what the new district boundaries will be. Once the boundaries and district numbers are approved by the BCC, then you will know what district your reside in. Please do not hesitate to reach out to me if you have any additional questions. Kindest regards, Leslie Swan Leslie Rossway Swan, CERA, MFCEP Supervisor of Elections Indian River County 4375 43rd Avenue Vero Beach, FL 32967 Phone: (772) 226-4705 Fax: (772)770-5367 Email: LSwan@voteindianriver.com Web: www.VoteIndianRiver.com Please note: Florida has a very broad public records law. Written communications to or from government officials regarding business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory -exemption. Therefore, your e-mail message as well as the information on this form and our personal records may be subject to public disclosure. Have library access? Log in through your library JSTO R Search Browse Tools .... ................ JOURNAL ARTICLE The Effect of Majority -Minority Mandates on Partisan Gerrymandering Kenneth W.Shotts American Journal of Political Science Vol. 45, No.1 (Jan.. 2001), pp. 120- 135 (16 pages) Published By: Midwest Political Science Association https://doi.org/10.2307/2669363 https://www.istor.org/stable/2669363 Cite this Item Read and download The Effect of Majority -Minority Mandates Log in through your school or on .Partisan Gerrymandering Kenneth W. ShottS Northwestom University to 4, 3.. X.� Register About SupportLog in Register Close Preview...._. 1 eavolor a nxX)el of np#imal partisatr hat are the partisan cffrcts of majority-rninority districting? ge:rymarrCering to sna!yzo the claim Thr rnmentianai wisdom amonVV g political rcientisie is that thr that majartymino?nY lepislaUva creation oC a ma#urityminoriiy district helps Republicans win dtsr',auns ng Helps Prpubl:ca, i first in neighboring districts. This obn vraltnn, if frac, has three important ins - dr -:ermine the numoar-at DemocratspEicatinns. }_first, it suggests that majority -minority djstric-t.ing plans have a eiocted in staters whaae Democrats ,perverse dedaral effect, reducing the tat:d nurnbrr of Democrats elected.caotrol redistricting and the rtimber Seared, it nupgesfs that unorthodox political malitinns may form in the ri- ot ?iepubhaans olec[ad in states districting prucess; civil rights groups and Republicans allied against whits wt -we Republicans,control redistrict- ryerrttxrars. Third, if the conventional wisdomis true, tnajorityminacity +^9 !cher: Catermina naw ate: tont districting plans may have persmr.;e policy effects, decreasing substantive autcotnas change if the fedornl gw- representation of minority ztMri inicrrsis. ttmment raquras redistricters to ere The claim that majority -minority districting has perverse effects is ate majority-mintxily tlistsitrs. In bawd an the logic of the concentration gerrymander {Erikson 1972; Cain ststos whereAttpurJicarts crmtrol 19%4j.Many •authors (Thetnstmnt 1987; Swairt 1H93; Lublin 7947} have ar- rodietriettnry, major;ty-mnaritp man- gun4 that majariq•-mSnar3tp districting plana by concentrating liberal mi - Cates weakPy afecmase the Hamner of nwrty voters into n few districts, make the other districts in x stair more Eieputrticans a!acted. instates where conservative and thereby lead to conservative legislativemajorities and Democrats canuai refisvief ng: a conservative policy outcomes,outcomes, This theoretical reasoning has received sup- baremaoritY-minarisy mandateCane port from empirical research (Hill 1995; Lublin 1997) that evsmints dis- nat a!teat the numtw at Democrats trisY compositions and electoral outcomes More and after the creation of aiw,:ted. H:nvevor, if Democratic majariF}'-minority districtsand concludes that post, redistricting itepubli- w n?CiStrictars taceyeagraphical n- can grins can be attributed to racierl grrrymandering, linwevcr this re- strairAs or suprmrt±n}aray-minority search has been disputedby Cuinier (1995) and &ngstrom (1995), who err manantes, sarna GarwcraUc votes gar. that Rryublican gains are primarily Jur to national electoral tides we wanted and fie rtumber of Demo- rather than racial gerrymandering. The peverse-cfTrcts claim has also rr- rrata elected woak!y dacroasss, crhed support from a seeded line of rntpirical researclt (Cameron,L'}>strin. and O'Halloran J996; £'.psttia ar:t3 O'Halloran 7994) that predicts polity ef- fects of different districting plans and concludes that majority -minority tiistricts arc not optimal fa promoting liberal policy outcomes.Drspite being frequently discussed and debated, the ptrvetae-effrcu claimhas ntvrr been rstnblished through a precise iheorctical argument. _'-_,__,............. .........................I....................___....-.„„„,„„,,,_.:.. _.._..._._.........,...... Kenneth 1L'. SMntz u /ti ist:ulr Prnfes�ur of Political science. Nnnhwt3teta Univerrity, Scott hail, tisi Unneuity Pl�x•£vansum, #r.642ar;-1tYFHi ik-<tuMtetkr:ma.edn}, t:nmmentc from David I}aron, Daniel Diermeier, lohn Perejohn, Gerald G—m }kr- mt,J Gtotrn"n, F.Ah K,ehhid, annnynsou reviewers, and axrnirtu p aidp ras At the Univanhy of (ltiogo art fratriu[ty aclmusv#edgcd. sVnd: on this pm*'A —A supported by a gram from tht Olin tiwndatinn. Ammrimn)ourm t of Potirimt Srience. dol. Ai, Nn. t• }angary Mi, Po. 120-135 WMI hythtki&ro Paiiticai S:ien¢e.tasociatian iheorctical argument. _'-_,__,............. .........................I....................___....-.„„„,„„,,,_.:.. _.._..._._.........,...... Kenneth 1L'. SMntz u /ti ist:ulr Prnfes�ur of Political science. Nnnhwt3teta Univerrity, Scott hail, tisi Unneuity Pl�x•£vansum, #r.642ar;-1tYFHi ik-<tuMtetkr:ma.edn}, t:nmmentc from David I}aron, Daniel Diermeier, lohn Perejohn, Gerald G—m }kr- mt,J Gtotrn"n, F.Ah K,ehhid, annnynsou reviewers, and axrnirtu p aidp ras At the Univanhy of (ltiogo art fratriu[ty aclmusv#edgcd. sVnd: on this pm*'A —A supported by a gram from tht Olin tiwndatinn. Ammrimn)ourm t of Potirimt Srience. dol. Ai, Nn. t• }angary Mi, Po. 120-135 WMI hythtki&ro Paiiticai S:ien¢e.tasociatian no The Effect of Ma on Partisan Derr, Kenneth W. ShOttS Northi I develop amodel of optimal partisan gwrymandering to analyze 1ho claim that majority-rytinonty legislatvo districting, helps Republicans, 1 first determine the nummw of Democrats elected In states where Democrats control redistricting and the number of Republicans elected in states where Republicans control rt district - ng I then determine how Piecioral outcomes change if the federal gov- ernment requires redistricters to ve- ate majority -minority dislucts, in states where R@PL.l1)JICrJfM Control redistricting, majwfty.mjnonty man- dates "Aly decrease the number of Republicans elected, In statei, where Derroccrats conttol rodistricting, a bare ma)ority-tnirivrily mandate does not affect the number of Democrats elected, Hovoever, if De4nociatic wdislricters face geographical con- siraints or supermajority-rrinotity mandates, some Demorralic votes are wasted and the number of Dema- ctals elected weakly decreases. 120 ?? tv" -� Abstract I develop a model of optimal partisan gerrymandering to analyze the claim that majority -minority legislative districting helps Republicans. I first determine the number of Democrats elected in states where Democrats control redistricting and the number of Republicans elected in states where Republicans control redistricting. I then determine how electoral outcomes change if the federal government requires redistricters to create majority -minority districts. In states... Journal Information The American Journal of Political Science (AJPS), published four times each year, is one of the most widely -read political science journals in the United States. AJPS is a general journal of political science open to all members of the profession and to all areas of the discipline of political science. JSTOR provides a digital archive of the print version of American Journal of Political Science. The electronic version of American Journal of Political Science is... Publisher Information The Midwest Political Science Association, founded in 1939, is a national organization of more than 2,800 political science professors, researchers, students, and public administrators from throughout the United States and over 50 foreign countries. The association is dedicated to the advancement of scholarly communication in all areas of political science. Each year the association sponsors a three-day conference of political scientists in Chicago for the purpose ... Rights & Usage This item is part of a JSTOR Collection. 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JSTORO, the JSTOR logo, JPASSO, Artstor0, Reveal DigitalTM and ITHAKAO are registered trademarks of ITHAKA. =112, �-� y:'tiol oy lbday Thomas Hills Ph.D. Statistical Life Gerrymandering: Carving Up Minorities In America What is a person worth in America? There are many ways to measure this. One way is to count the value of their vote. You might be thinking "one person, one vote:" But according to the Electoral Integrity Project, America is the least likely among Western democracies to give each person an equal vote. This inequality happens in multiple ways. The first is how votes are counted as they move up the chain from local communities to state. This is influenced by how district boundaries are drawn within states to make sure that certain people are under- represented, a process called gerrymandering. A brief primer on gerrymandering Consider a state with 1000 residents split into ten districts. Half the residents support party A and half support party B. In an ideal world, one might imagine that state representatives would represent each half, fifty-fifty. But district boundaries are flexible and can be drawn to misrepresent the party currently out of power. For example, one district can be drawn so that it contains mostly party A members, electing party A 95 to 5. The rest of the districts can be drawn so that they elect party B 55 -to 45. The result is that Party A gets one representative and party B gets nine. This is called packing and cracking. Pack all the members of the opposition party into one district, and then crack the remainder across districts so they never represent a majority in any of the other districts. The electoral college is gerrymandering at the national level The second source of inequality in American votes is the electoral college. The electoral college represents state's voters by voting on their behalf. They misrepresent Americans in two ways. First, the electoral college gives states the opportunity to vote in ways that do not represent the diversity of their population. States do this by assigning electoral votes on a winner -take -all basis. Trump had 52% of the votes in Texas (compared with Clinton's 44%), but Trump took all 38 of Texas's electoral votes in Two of the main rmlhods used in gerrymandering are 'packing and 'cracking'. The first strategy (left) invoices cramming Voters from ai opposition party into one or a few districts. The second technique (riga) splits votes from an opposition party ;into sQveral districts. Ermer option can allow ono party to win a majotity of distaicts wilNut the majority of votes, Voles for L four districts wilh equal each party numrers of voters b'mture Texas' winner -take -all electoral representation. The 48% of voters who did not vote for Trump saw their votes thrown away by the electoral system. The second way the electoral college misrepresents American voters is that electoral votes are not equally distributed across states in proportion to their population. For example, votes in Wyoming and Alaska count roughly three times more than the vote of a Georgian or a Floridian. One simple fact demonstrates this inequality at the national level in America: the popular vote has lost the U.S. presidential election twice in the past four elections (2000 Bush -Gore and 2016 Trump -Clinton). If voters had an equal share in determining the political future of their government, the popular vote losing the presidential election would be impossible. This fact is widely known about American politics. According to the Electoral Integrity SIM 0 M M 411, 0 .w it glib to M �»��yalMiy 40i1:ilii 0 41 0 0 M, 41 0 M rill i1 W it fo 0 0)ts000W0 40 40000 4)0tA*0*0 4 ii 00(01vai) 41 0 11 0 ! 4) 00 00 0 0 41 46 16 iib Voles for L four districts wilh equal each party numrers of voters b'mture Texas' winner -take -all electoral representation. The 48% of voters who did not vote for Trump saw their votes thrown away by the electoral system. The second way the electoral college misrepresents American voters is that electoral votes are not equally distributed across states in proportion to their population. For example, votes in Wyoming and Alaska count roughly three times more than the vote of a Georgian or a Floridian. One simple fact demonstrates this inequality at the national level in America: the popular vote has lost the U.S. presidential election twice in the past four elections (2000 Bush -Gore and 2016 Trump -Clinton). If voters had an equal share in determining the political future of their government, the popular vote losing the presidential election would be impossible. This fact is widely known about American politics. According to the Electoral Integrity Project, America is 55th of 158 nations in electoral integrity (last among Western democracies). Like jumbo fried -shrimp and deafening silence, American democracy is an oxymoron. But that's not all! America's policies of misrepresentation are made worse because gerrymandering is rigged against minorities. Trump has complained about voter fraud. The reality is that even if the American system worked exactly as its gerrymandered districts and electoral misrepresentation are designed to do, it would defraud millions of American minorities out of the value of their vote. North Catol(na has been a tedistOcting battf6grouftd for Wth Offiesfor domes. The US Supreme C4wrt last month ruled Mat its 1st and 12th distkis, drawn up in 2011, were pxws *f resat gerfyrnan o% MMU . Why we need an electoral system Devalued voters are not equally distributed across race or education. ------------- They tend to be minorities. According to the Center for Economic and Policy Research: "The states that are overrepresented in the Electoral College also happen to be less diverse than the country as a whole." And racial gerrymandering is well-recognized within states (see figure). There have been many arguments in favor of the electoral system. The principal argument has been that states deserve equal representation. How else will states defend themselves against the tyranny of the American people? Well, they already do defend themselves in the Senate. The Senate provides each state with equal representation. In the Senate, South Carolina's 4 million people have the same representation as Texas's 27 million people. IM Drawing a map and showing that votes don't get distributed equally on that map is absurd. That's a bit like letting people's vote count based on the size of their nose. Why is misrepresenting American's bad for business Unequal voting is also bad for America's economy. States that take the lion's share of federal funding (getting back more taxes than they pay) also tend to be states whose votes are overweighted in presidential elections. South Carolina receives $7.87 dollars back from Federal taxes for every $1 they put in. California, on the other hand (which has America's highest GDP per person), gives more than it takes, receiving less than a dollar for every dollar they put in. These numbers change slightly over time, but the argument remains the same. How could things be fixed? First, there are laws that prevent partisan and racial gerrymandering, but the laws are often too subjective to be of value. There are new efforts from the courts to assure partisan symmetry by computing an efficiencygap. Efficiency gap measures how poorly state representatives represent their constituents. One way to measure this is to count the number of "wasted" votes. In our 10 -district state example above, Party A wins by 45 more votes than it needs to in the district it wins, and wastes 45 votes in each state it loses. This amounts to 450 wasted votes. Party B, on the other hand, only wastes 50 votes. This amounts to 50 r i� y f IndERI SUBSCRIBE ALL® P Gerrymandering The term gerrymandering refers to the practice of drawing electoral district lines to favor one political party, individual, or constituency over another. When used in a rhetorical manner by opponents of a particular district map, the term has a negative connotation but does not necessarily address the legality of a challenged map. In this context, proponents may counter that the map has not been gerrymandered but has been drawn to conform with overlapping, potentially conflicting redistricting standards. The term can also be used in legal proceedings and documents; in this context, the term describes redistricting practices that violate federal or state laws.l11[21 �" ,, ELECTION PCJLICY Redistricting State -by -state redistricting procedures Majority -minority districts Congressional district demographics United States census, This article provides summary 2020 information about gerrymandering, including relevant history and legal P BLIC POL CY precedents. See the sections below for further information on the following topics: 1. Background: This section summarizes the history of the word gerrymandering and discusses current usage of the term. 2. Racial gerrymandering: This section discusses the concepts of racial gerrymandering and majority -minority electoral districts. Summaries of some relevant court cases are also provided. 3. Partisan gerrymandering: This section describes the concept of partisan gerrymandering and summarizes a sample of relevant court cases. (Background History According to Justin Levitt, a professor at Loyola University, "American attempts to tailor district lines for political gain stretch back to the country's very origin.' Ill Patrick Henry, who opposed the new Constitution, tried to 10 14.3 DONATE (o.A-,�) RESEARCH Redistricting Affects Black Voters Disproportionately Same for Hispanics? By J. Paul Johnson May 31, 2012 Research reveals African Americans less likely to vote after redistricting. What if you went to vote and your incumbent member of Congress was not on the ballot as expected? You did not move; your member of Congress is alive and well and running for re-election. What happened? Redistricting—the redrawing of political lines, a.k.a. gerrymandering, is the likely culprit. In their article, "The Intersection of Redistricting, Race, and Participation" published in the American Journal of Political Science Danny Hayes, assistant professor of government at American University and coauthor Seth McKee found that redistricting has measurable and statistically significant effects on the political participation rates of African Americans. Their research showed for the first time that the voting rates of African Americans are affected more strongly than other groups as a result of redistricting. Why and when does redistricting occur? Every decade after the U.S. Census congressional districts are redrawn to apportion the 435 seats r s• in Congress to reflect population shifts. However, the frequency of redistricting is happening more often on a statewide basis depending on how the state legislature handles the process. It's an elaborate game of political musical chairs where the rules favor the state's majority party. Research findings reveal hidden effects on African Americans Combing through reams of precinct data, employing regression analyses and using geographic information system (GIS) data from the U.S. Census and states, Hayes and McKee examined more than 65,000 precincts over 11 elections in the five geographically diverse states -California, Florida, Georgia, North Carolina, and Texas. The defining measure for Hayes and McKee's research was "roll off." Roll off occurs when a citizen votes in a top ticket election —presidential, senatorial, gubernatorial—but fails to vote in races further down the ballot, like contests for the U.S. House of Representatives. Their research revealed that the consequences can be positive in some cases and negative in others, depending on whether the member of Congress representing the district is African American. If the member of Congress is African American, then African-American voters in the redistricted area can be mobilized and participate through voting. However, if the African-American voter is redistricted into a district represented by someone other than an African American, roll -off could be as high as 8.3 percent. The conclusion reached by Hayes and McKee is "when there are no black voters.in a redrawn precinct, average roll -off is 3.9 percent. But when the precinct is 100 percent black, roll -off increases to 8.3 percent, a shift of more than four percentage points." Since elections can be determined by fewer than four percentage points, the findings are "substantively significant," says Hayes. "Redistricting suppresses black political participation when blacks are redrawn into nonblack incumbent districts, but reverses that effect when African Americans are redrawn into black -represented districts," the authors write. Because so little was known about whose participation rates were affected by redistricting, Hayes's and McKee's research reveals the "hidden" role redistricting plays on black participation in congressional elections. Their research also shows that there are "information costs" when redistricting occurs, which fall disproportionately on African American voters. African-American members of Congress can find some relief in Hayes's research because they can more effectively mobilize black voters if they've been added to their congressional district. On the Ether hand, non -African-American members of Congress can expect lower turnout of African- American voters if they have been drawn into their district under redistricting. Hayes and McKee admonish, "Racial disparities in participation raise concerns because the history of black suffrage is intimately tied to past restrictions designed to mute the political force of minorities, an injustice ... prominent under the American South's Jim Crow system of racial segregation." Looking at other ethnic groups Hayes and McKee believe their methodology could be used to test redistricting's effects on other minorities. "The growing Hispanic population is prime for examining the effects of redistricting as this group is becoming increasingly influential and viewed as a determining factor in the ability to win elections," says Hayes. Learn more about School of Publics CONTACT US 202-885-5950 4401 Connecticut Avenue - 6th Floor, Room 1 (tel:2028855950) n Fax: 202-885-5959 (https://www.google.com/maps/place/4401+Connecticut+Avenue+- aumedia@american.edu +6th+Floor) (mailto:aumedia@ameri�gAVB l Y Communications 4400 Massachusetts Avenue NW Washington, DC 20016 4400 Massachusetts Avenue, NW Washington, DC 20016 ( 202) 885-1000 Copyright © 2021 American University. http://www.american.edu/ Find a Taapist Get Help Magazine Today us What is a person worth in America? There are many ways to. measure this. One way is to count the value of their vote. You might be thinking "one person, one vote" But according to the Electoral Integrity Project, America is the least likely among Western democracies to give each person an equal vote. This inequality happens in multiple ways. The first is how votes are counted as they move up the chain from local communities to state. This is influenced by how district boundaries are drawn within states to make sure that certain people are under -represented, a Most Popular Dreams Are More Real Than Anyone Thought Two Powerful Techniques �3 to Lower Anxiety process called gerrymandering. A brief primer on gerrymandering Consider a state with 1000 residents split into ten districts. Half the residents support party A and half support party B. In an ideal world, one might imagine that state representatives would represent each half, fifty-fifty. But district boundaries are flexible and can be drawn to misrepresent the party currently out of power. For example, one district can be drawn so that it contains mostly party A members, electing party A 95 to 5. The rest of the districts can be drawn so that they elect party B 55 to 45. The result is that Party A gets one representative and party B gets nine. This is called packing and cracking. Pack all the members of the opposition party into one district, and then crack the remainder across districts so they never represent a majority in any of the other districts. ggT!x!+�s�.enxegr @my vnvvx avmnsgvaax nan ffi: �'+Y Mc an xa4rc Q;!: hl4 •.ttsrRlnraedw 4�;L n>`:tx Nax.tawan xysma rv'M1 xay sa.s•W :4rY':c!z. The electoral college is gerrymandering at the national level The second source of inequality in American votes is the electoral college. The electoral college represents state's voters by voting on their behalf. They Cultivating Confidence End of the Honeymoon: ,,...` . Love and Loss of Positive Experiences m 7 Reasons Why Good Friends Ghost Us a The Downside of Solitude Find a Therapist misrepresent Americans in two ways. First, the electoral college gives states the opportunity to vote in ways that do not represent the diversity of their population. States do this by assigning electoral votes on a winner-take-aii basis. Trump had 52% of the votes in Texas (compared with Clinton's 44%), but Trump took all 38 of Texas's electoral votes in Texas' winner -take -all electoral representation. The 48% of voters who did not vote for Trump saw their votes thrown away by the electoral system. The second way the electoral college misrepresents American voters is that electoral votes are not equally distributed across states in proportion to their population. For example, votes in Wyoming and Alaska count roughly three times more than the vote of a Georgian or a Floridian. One simple fact demonstrates this inequality at the national level in America: the popular vote has lost the U.S. presidential election twice in the past four elections (2000 Bush -Gore and 2016 Trump -Clinton). If voters had an equal share in determining the political future of their government, the popular vote losing the presidential election would be impossible. This fact is widely known about American politics. According to the Electoral Integrity Project, America is Cities: Atlanta, GA Austin, TX Baltimore, MD Boston, MA Brooklyn, NY Charlotte, NC Chicago, IL Columbus, OH Dallas, TX Denver, CO Detroit, MI Houston, TX Indianapolis, IN Jacksonville, FL Las Vegas, NV Los Angeles, CA Louisville, KY Memphis, TN Miami, FL Milwaukee, WI Minneapolis, MN Nashville, TN New York, NY Oakland, CA Omaha, NE r; �, 55th of 158 nations in electoral integrity (last among Western democracies). Like jumbo fried -shrimp and deafening silence, American democracy is an oxymoron. But that's not all! America's policies of misrepresentation are made worse because gerrymandering is rigged against minorities. Trump has complained about voter fraud. The reality is that even if the American system worked exactly as its gerrymandered districts and electoral misrepresentation are designed to do, it would defraud millions of American minorities out of the value of their vote. Economic and Policy Research: "The states that are overrepresented in the Electoral College also happen to be less diverse Philadelphia, PA Phoenix, AZ Pittsburgh, PA Portland, OR Raleigh, NC Sacramento, CA Saint Louis, MO San Antonio, TX San Diego, CA San Francisco, CA San Jose, CA Seattle, WA Tucson, AZ Washington, DC Are you a Therapist? Get Listed Today �� r Devalued voters are not equally distributed across � race or education. They -------------- tend to be minorities. According to the Center for Economic and Policy Research: "The states that are overrepresented in the Electoral College also happen to be less diverse Philadelphia, PA Phoenix, AZ Pittsburgh, PA Portland, OR Raleigh, NC Sacramento, CA Saint Louis, MO San Antonio, TX San Diego, CA San Francisco, CA San Jose, CA Seattle, WA Tucson, AZ Washington, DC Are you a Therapist? Get Listed Today �� r than the country as a whole" And racial gerrymandering is well-recognized within states (see figure). Why we need an electoral system There have been many arguments in favor of the electoral system. The principal argument has been that states deserve equal representation. How else will states defend themselves against the tyranny of the American people? Well, they already do defend themselves in the Senate. The Senate provides each state with equal representation. In the Senate, South Carolina's 4 million people have the same representation as Texas's 27 million people. Drawing a map and showing that votes don't get distributed equally on that map is absurd. That's a bit like letting people's vote count based on the size of their nose. Why is misrepresenting American's bad for business Unequal voting is also bad for America's economy. States that take the lion's share of federal funding (getting back more taxes than they pay) also tend to be states whose votes are overweighted in presidential elections. South Carolina receives $7.87 dollars back from Federal taxes for every $1 they put in. California, on the other hand (which has America's highest GDP per person), gives more than it takes, receiving less than a dollar for every dollar they put in. These numbers change slightly over time, but the argument remains the same. How could things be fixed? First, there are laws that prevent partisan and racial gerrymandering, but the laws are often too subjective to be of value. There are new efforts from the courts to assure partisan symmetry by computing an efficiency gap. Efficiency gap measures how poorly state representatives represent their constituents. One way to measure this is to count the number of "wasted" votes. In our 10 -district state example above, Party A wins by 45 more votes than it needs to in the district it wins, and wastes 45 votes in each state it loses. This amounts to 450 wasted votes. Party B, on the other hand, only wastes 50 votes. This amounts to 50 percent of the voters not being represented. The efficiency gap measures precisely what the difference would be if there was proportionate representation.* Politicians tend to make a lot of fuss about other nations or fraudulent voters, but this a sideshow compared to the real problem. America's voting system is fraudulent by design. Unfortunately, gerrymandering and the Mi, i �� `I)) About the Author Read Next electoral college put people into power who benefit from those biased voting systems. The voters whose votes are over -represented would have to be seriously disenfranchised before they would vote for politicians who might change that system. It's not yet clear what to do about that. References fops://www,washing onian.- co m/2016/12/08/wh ite-peopl es -votes -a re- worth-... http:Huk.businessinsider.com/red-states- more-dependent-on-federal-gove... http://www.pol iticususa.com/2015/01/15/7- biggest-deadbeat-states-federa... More f•• Thomas T. Hills, Ph.D., is a professor of psychology at University of Warwick. Online: Twitter Why We See Such Extreme Social and The True Odds of Political Shooting a Bad Polarization Guy With a Gun Biden A Great The t American 1 .mvVFft Gender -.....eu. u...,.. Impeachm Gov. Open: Our ent Irony, Electoral Hearings Narcissism, System Is and the Empathy, Bad for Dim Light Reverse Happiness at Tunnel's Psycholog End y Biden A Great The Inherits "A American Dreams House Gender from Divided" Bender? Obama's us America Election 2016 Recent Issues TO ALF =".On About Editorial Process Privacy Terms Accessibility Psychoiogy 2021 SLJFP,(^,;X PklbliShers, LLC Subscribe Today � United States 85b -z3 10.A,S the tva,04ington past How racial gerrymandering deprives black people of political power By Kim Soffen June 9, 2016 f it, Thirty years ago, the Supreme Court expanded the meaning of one of the most important civil rights laws in U.S. history — the Voting Rights Act of 1965. Among other things, the court prohibited a then -common practice among some states of spreading minorities across voting districts, leaving them too few in number in any given district to elect their preferred candidates. The practice became known as "racial gerrymandering." The court's solution required that states create majority -minority districts — districts in which the majority of the voting -age population belonged to a single minority. With voting that occurred largely along racial lines, these districts allowed minority voters to elect their candidates of choice. But a fascinating development occurred in the years since. These districts, rather than giving African Americans more political power, might have actually started to deprive them of it. Majority -minority districts, by concentrating the minority vote in certain districts, have the unintended consequence of diluting their influence elsewhere. Experts say some Republican legislatures have capitalized on this new reality, redistricting in their political favor under the ` guise of majority -minority districts. "Typically the goal in [packing minorities into a district] is not to reduce minority representation in the adjacent districts; it's to reduce Democrats' representation in those districts," said Nicholas Stephanopoulos, a professor at the University of Chicago Law School. "They've been arguably using the racial demographics as a way to enact a Republican gerrymander." • r� The issue has gained new prominence thanks to Bethune -Hill v. Virginia Board of Elections, a case the Supreme Court agreed on Monday to hear. Virginia's Republican -held state legislature drew its majority -minority districts to be 55 percent black. Golden Bethune -Hill, among other Virginian voters, sued the state's Board of Elections, arguing that they used race as a primary factor in drawing district lines for the House of Delegates, which is unconstitutional under the equal protection clause of the 14th Amendment. The state contends the redistricting process occurred fairly and legally, with bipartisan support. Republicans have generally defended their redistricting practices as following a legal practice of drawing districts in politically favorable ways — just as Democrat -controlled legislatures do. Constitutional issues aside, what's the practical consequence of the standard practice of "packing" districts with at least 50 percent African Americans? There are dozens of majority - minority congressional districts across the country, and many more state -level districts. They're concentrated in the South, but can be found in states like New York and Ohio as well. Consider an example: Imagine the minority -favored candidate can win an election in a district if at least 30 percent of voters are minorities. What harm is done by the legislators packing the district up to 50 percent minority voters? Much like political gerrymandering, it limits black influence in surrounding districts. It would require the creation of, for instance, a 50 percent and a 10 percent black district, rather than two 30 percent black districts. In other words, the requirement would give black voters one representative of their choice rather than two. And even if it doesn't decrease the number of representatives the black voters can elect, it can decrease their influence in white -dominated districts. As shown in the graphic below, in a hypothetical state with five districts, packing the minority voters in at 50 percent levels rather than 30 percent leads them to lose influence in two other districts, leaving them overwhelmingly white. In both scenarios, the minority is numerous enough to control the election in two districts. What differs is whether they have a political voice elsewhere in the state, which is ultimately necessary to pass state-wide legislation in their favor. You might be thinking that, if only 30 percent of a district's voters are black, it will be hard for African Americans to elect their preferred candidate. But that's increasingly not the case. The reason: the decline of racially polarized voting. Minority and white voting patterns used to be starkly divergent, but now, more whites vote for the minority -favored candidate, especially in primaries. This change came about as racial divisions, beginning with the decline of segregation and explicit racism, have faded (though obviously not disappeared), and the interests of politically like-minded blacks and whites have aligned. As a result, fewer minority voters are required for a district to elect their favored candidate. One 2002 paper found that from the 196os to the 198os, districts needed to be more than 50 — some in the South as much as 65 — percent African American for their favored candidate to win the election. But today, experts place the figure between 4o and 45 percent. Stephanopoulos says it's "certainly below 50 percent" across the country. In majority -minority districts, minority voters are, by definition, packed beyond that threshold. Ultimately, this is detrimental to the minorities. David Canon, a professor of political science at the University of Wisconsin -Madison said, "If you have too high a percent African Americans in a House district, it does dilute the overall representation of African American interests." Since the minority electorate leans liberal, packing minorities has the same effect as packing Democrats, causing the district map to favor Republicans in the same way it favors whites. This key correlation has made majority -minority districts popular among Republican -held state legislatures beyond Virginia. The partisanship is especially clear when seeing how the district lines change census -to - census. Stephanopoulos said Republican legislatures take districts "that were already electing minority representatives and pack more minority voters into them," and Democratic legislatures tend to "unpack ... minority districts." In Arizona, which has a Republican legislature but districting is done by an independent commission, "there was much less packing of minority voters than there was in the other states." States across the country, particularly in the South where legislatures tend to lean Republican and the Department of Justice historically had stronger control over voting rights, draw these districts. Though the court is more concerned with the inappropriate use of racial classifications rather than the deprivation of minority political power, its ruling could have implications for legislatures across the country. The Supreme Court will hear arguments in its next term beginning in October. ENVIRONMENTAL JUSTICE Volume 11, Number 1, 2018 © Mary Ann Liebert, Inc. DOI: 10.1089/env.2017.0031 A Spatially Informed Analysis of Environmental Justice: Analyzing the Effects of Gerrymandering and the Proximity of Minority Populations to U.S. Superfund Sites David E. Kramar, Aaron Anderson, Hayley Hilfer, Karen Branden, and John J. Gutrich ABSTRACT In 1987, and again 20 years later, the United Church of Christ (UCC) presented research showing that 60% of African Americans lived near an unregulated toxic waste facility. We build off the original UCC study and present an analysis of minority populations in relation to superfund sites, using the geometric com- plexity of congressional districts (CDs) as a proxy for gerrymandering within the lower 48 states. We further the analysis by looking at different areal aggregations and find that regardless of the aggregation there is a relationship between race and distance from superfund sites. Moreover, we address the issues of inherent complexity as it relates to coastal areas, which could bias the analysis, by systematically reducing the complexity within a geographic information system (GIS). At the CD level, there is a statistically significant relationship where race becomes "whiter" and less "African American" as the Euclidean distance increases from superfund sites. While there is a strong relationship between the gerrymander coefficient and the proximity to superfund sites (R2 =0.58, DF = 347, p < 0.001), variables such as median income, air quality, and unemployment may account for the unexplained variance in the model. We also found a strong relationship between the percent white and a higher gerrymandering coefficient, indicating that minority populations are effectively "gerrymandered out" of the white and lower environmental hazard districts. This research is novel in that it suggests a calculated effort to marginalize minority populations and warrants further investigation while analyzing additional proxies for environmental hazards. Keywords: gerrymander, superfund, geographic information systems, geometric complexity INTRODUCTION MINORITY POPULATIONS FACE numerous chal- lenges of institutional racism, with inequities occurring in public services, including housing, edu- Dr. David E. Kramar is an assistant professor at Department of Anthropology and Earth Science, Minnesota State University Moorhead, Moorhead, Minnesota. Mr. Aaron Anderson is a graduate of the Department of Environmental Science and Policy, Southern Oregon University, Ashland, Oregon and currently as- sistant planner for the City of Grants Pass, Oregon. Ms. Hayley Hilfer is a graduate of the Department of Sustainability, Minne- sota State University Moorhead, Moorhead, Minnesota. Dr. Karen Branden is a professor at the Department of Sociology and Criminal Justice, Minnesota State University Moorhead, Moor- head, Minnesota. Dr. John Gutrich is a professor at the Depart- ment of Environmental Science and Policy, Southern Oregon University, Ashland, Oregon. 29 cation, and employment.' Discrimination occurs in the distribution of environmental hazards, including water contamination, degraded air quality, and pesticide and hazardous waste exposure, resulting in increased health risks or premature death.2 Institutional racism influences decisions on the placement and management of envi- ronmental hazards and the enforcement of environmen- tal regulations, which affect economically vulnerable communities.3 'Robert D. Bullard. "Anatomy of Environmental Racism and the Environmental Justice Movement." In: R. Scott Frey (ed). The Environment and Society Reader. (Massachusetts: Allyn and Bacon, 2001), 97-105. 2Jalonne Laynay White -Newsome. "A Policy Approach to Climate Justice." The Black Scholar 46 (2016): 12-26. 3Bullard. "Anatomy of Environmental Racism." 30 A growing body of literature supports the claims that racial minorities are subject to environmental hazards more than nonminorities. In particular, environmental justice (EJ) gained attention after the United Church of Christ (UCC) published a study in 1987 following a controversy over the placement of a polychlorinated biphenyl (PCB) landfill in a minority community in Warren County, North Carolina. The study showed nationally that 60% of African Americans lived near an unregulated toxic waste site.4 Since the UCC study, similar issues have met with grassroots activism and academic research, with growing evidence that environmental pollution is disproportionately located in low-income, minority com- munities.5 When the UCC revisited .the study 20 years later, the disparities between racial groups and proximity to environmental pollution had magnified.b Race is an independent predictor in the location of hazardous waste sites, and when social class variables such as income, education, and occupational status are held constant, people of color face increased toxic exposure levels. Numerous case studies confirm these findings, among which is the recent water crisis in Flint, MI. Al- though race alone can predict toxic exposure levels, it is useful to study environmental inequalities using class, sta- tus, and power as additional indicators.8 Wealthier com- 4Commission for Racial Justice. Toxic Wastes and Race in the United States: A National Report on the Racial and Socio - Economic Characteristics of Communities with Hazardous Waste Sites. (New York: United Church of Christ, 1987). 5Robert D. Bullard and Glenn S. Johnson. "Environmentalism and Public Policy: Environmental Justice: Grassroots Activism and Its Impact on Public Policy Decision Making." Journal of Social Issues 56 (2000). DOI: 10. 1111/0022-4537.00184; Laura Pulido. "Rethinking Environmental Racism: White Privilege and Urban Development in Southern California." Annals of the As- sociation of American Geographers 90 (2000): 12-40; Paul Mohai and Robin Saha. "Racial Inequality in the Distribution of Hazardous Waste: A National -Level Reassessment." (2007). Environmental Studies Faculty Publications. Paper 2. 6Robert D. Bullard, Paul Mohai, Robin Saha, and Beverly Wright. "Toxic Wastes and Race at Twenty: Why Race Still Matters After All of These Years." Environmental Law 38 (2008): 371-411; Paul Mohai and Robin Saha. "Reassessing Racial and Socioeconomic Disparities in Environmental Justice Research." Demography 43 (2006): 383-399. Paul Mohai and Bunyon Bryant. "Environmental Injustice: Weighing Race and Class as Factors in the Distribution of En- vironmental Hazards." University of Colorado Law Review 63 (1992): 921; Angela R. Maranville, Tih-Fen Ting, and Yang Zhang. "An Environmental Justice Analyisis: Superfund Sites and Surrounding Communities in Illinois." Journal of Environmental Justice 2 (2009): 49-46; Paul Stretesky and Michael J. Hogan. "Environmental Justice: An Analysis of Superfund Sites in Florida." Social Problems 45 (1998): 268-287. Liam Downey. "Environmental Injustice: Is Race or Income a Better Predictor?" Social Science Quarterly 79 (1998): 766-778. 8Furjen Denq, Douglas H. Constance, and Joung Su-Shiow. "The Role of Class, Status, and Power in the Distribution of Toxic Superfund Sites in Texas and Louisiana." Journal of Poverty 4 (2000): 81; Michelle Kozlowski and Harold A. Perkins. "En- vironmental Justice in Appalachia Ohio? An Expanded Con- sideration of Privilege and the Role it Plays in Defending the Contaminated Status Quo in a White, Working -Class Commu- nity." International Journal of Justice and Sustainability 21 (2015) 1288-1304. KRAMAR ET AL. munities have the money, education, and political power to prevent the close proximity placement of hazardous waste facilities, while disadvantaged and impoverished areas lack such resources.9 German theorist Ulrich Beck observed that the distribution of risk adheres to the class pattern, with wealth gathering at the top levels of the socioeconomic ladder and risks accumulating at the bottom.lo Exposure to environmental hazards is one explanation for health disparities that exist among low-income and minority populations.11 African Americans, as well as other minorities, exhibit a greater frequency of health issues corresponding to environmental toxin exposure. 12 Minority and low-income populations are more suscep- tible to such environmental insults due to restricted ac- cessibility to adequate healthcare and the increased vulnerability to malnutrition.13 Superfund sites present underrepresented populations with yet another health threat. For example, a recent study shows an association between proximity to superfund site and the cumulative incidences of non-Hodgkin lymphoma. 14 Moreover, current legislation aimed at reducing environmental insults is on a system that benefits all equally while failing to recognize the increased vulnerability of specific populations.15 Although there has been investigation aimed at developing effective ways to determine high-risk areas, more work is needed. 16 9Robert D: Bullard. Confronting Environmental Racism: Voices from the Grassroots. (Boston, MA: South End Press, 1993). 10Mary Clifford and Terry D. Edwards. Environmental Crime (Massachusetts, Jones and Bartlett Learning, 2012). 'Marie S. O'Neill et al. "Health, Wealth, and Air Pollution: Advancing Theory and Methods." Environmental Health Per- spectives 11 (2003): 1861-1870; Gary W. Evans and Elyse Kantrowitz. "Socioeconomic Status and Health: The Potential Role of Environmental Risk Exposure." Annual Review of Public Health 23 (2002): 303-31. 12Jalonne Laynay White -Newsome. "A Policy Approach to Climate Justice."; Phil Brown. "Race, Class, and Environ- mental Health: A Review and Systemization of the Literature." Environmental Research 69 (1995):15-30; Johnson et al. "Asthma, Environmental Risk Factors, and Hypertension Among Arab Americans in Metro Detroit." Journal of Im- migrant Minority Health 12 (2010): 640-651; Robert L. Jones, David M. Homa, Pamela A. Meyer, Debra J. Brody, Kathleen L. Caldwell, James L. Pirkle, and Mary Jean Brown. "Trends in Blood Lead Levels and Blood Lead Testing Among US Children Aged 1 to 5 Years, 1988-2004." Pediatrics 123 (2009):376- 385; Samara F. Swanston. "Race, Gender, Age, and Dis- proportionate Impact: What Can We Do About the Failure to Protect the Most Vulnerable?" Fordham Urban Law Journal 21 (1993): 577-604; Juliana Maantay. "Asthma and air pollution in the Bronx: Methodological data considerations in using GIS for environmental justice and health research." Journal of Health and Place 13 (2007): 32-56. 13 Johnson et al. "Asthma, Environmental Risk Factors, and Hypertension." Journal of Immigrant and Minority Health 12 (2010):640-651. i4W. Brent Webber and Ramona Stone. "Incidence of Non - Hodgkin Lymphoma and Residential Proximity to Superfund Sites in Kentucky." Journal of Environmental Health 80 (2017): 22-29. 15Samara F. Swanston. "Race, Gender, Age, and Dispropor- tionate Impact." 16Lobdell et al. "Data Sources for an Environmental Quality Index: Availability, Quality, and Utility." American Journal of Public Health 101 (2011): S277 -S285. A SPATIAL ANALYSIS OF SUPERFUND SITES AND THE GERRYMANDER Spatial segregation of African Americans into high - poverty neighborhoods is directly related to poor health. 17 Following the 1960s, African American young adults who had graduated high school or attended colle a entered increasingly more integrated neighborhoods. 8 African Americans of higher socioeconomic status are less segre- gated, with middle-class individuals living among a higher percentage of white neighbors.19 Yet, this decline in seg- regation is limited. Middle-class African Americans often live amidst whites who are less affluent, and their neigh- borhoods are not the equivalent of whites with a similar socioeconomic status 20 Currently, more than a quarter of the African American population still resides in the highest poverty neighborhoods, making them more vul- nerable to environmental harm .21 The forces behind such actions of environmental in- justice are complex and can be seen as racism. While some consider market forces neutral and nonracist based on the premise of consumer sovereignty, neoliberal re- forms that agree with this ideology tend to make inher- ently racist decisions. 22 Moreover, these actions are systemic, arising from long histories of colonialism and white supremacy. 23 Viewing issues of EJ from the per- spective of white privilege suggests that whites do not always purposely place these facilities near people of color.24 In other words, these are not single racist acts with malicious intent, but a result of the "naturalized decisions of millions of whites in a racialized society." 25 Instances of indirect discrimination exist in the place- ment of superfund sites in Florida.26 Moreover, a study of 17D. Phuong Do, Reanne Frank, and John Iceland. "Black - White Metropolitan Segregation and Self -Related Health: In- vestigating the Role of Neighborhood Poverty." Social Science and Medicine 187 (2017): 85-92; David R. Williams and Chi- quita Collins. "Racial Residential Segregation: A Fundamental Cause of Racial Disparities in Health." Public Health Reports 116 (2001): 404-416. 18Robert L. Wagmiller, Jr., Elizabeth Gage -Bouchard, and Amelia Karraker. "Does Black Socioeconomic Mobility Ex- plain Recent Progress Toward Black -White Residential In- tegration?" Demography 54 (2017): 1251-1275. 9John Iceland, Cicely Sharpe, and Erika Stenmetz. "Class Differences in African American Residential Patterns in U.S. Metropolitan Areas" (paper presentation, Annual Meetings of the Population Association of America, Minneapolis, MN, May 1-3, 2003). Richard D. Alba, John R. Logan, and Brian J. Stults. "How Segregated Are Middle -Class African Americans?" So- cial Problems 47 (2000): 543-558. 20Richard D. Alba, John R. Logan, and Brian J. Stults. "How Segregated Are Middle -Class African Americans?" 'D. Phuong Do, Reanne Frank, and John Iceland. "Black - White Metropolitan Segregation." 22"Where the Waters Divide." Conference Papers American Sociological Association, 2015. 23 McDowell. "Becoming a waste land where nothing can survive." Contemporary Justice Review 16 (2013): 394-411. 24Laura Pulido. "Geographies of race and ethnicity I: White supremacy vs white privilege in environmental racism re- search." Progress in Human Geography 39 (2015): 809-817. 25Ibid., 809. Liam Downey. "Environmental Injustice: Is Race or Income a Better Predictor?" 26Pau1 Stretesky and Michael J. Hogan. "Environmental Justice: An Analysis of Superfund Sites in Florida." Social Problems 45 (1998): 268-287. 31 Los Angeles showed that disproportionate siting played a greater role on resulting environmental circumstances than minorities moving to the area demonstrating that these sites are placed, with some intention at least, away from white communities. Gerrymandering is yet another way that spatial in- equalities manifest themselves. Through gerrymandering, the political system can perpetuate racial inequalities by depriving specific populations of political power. 27 Although the intent of the Voting Rights Act of 1965 was to equalize political power by preventing large disparities in populations between districts, redistricting is manip- ulated to achieve political goals or to deprive jurisdic- tions of political power. 28 The same process applies to race in what is referred to as racial gerrymandering. The result is complex voting districts that draw together people from different socioeconomic and cultural back- grounds. 9 Racial gerrymandering ensures that the safest schools go to predominantly white populations, 30 and it is not unreasonable to assume that the same process would occur with the placement of environmental haz- ards. Racial gerrymandering is an "expressive harm aimed at preventing jurisdictions from sending an im- permissible message by separating voters on the basis of race without adequate justification." 31 Through the 1980s, the courts primary criterion for determining redistricting was equality of total population while ignoring spatial context. Young conducted some of the earliest work to quantify the spatial compactness of voting districts 32 Niemi et al. expanded on this and ana- lyzed 25 ways to quantify spatial compactness.33 Assisted by geographic information systems (GIS), studies that at- tempt to estimate gerrymandering do so by quantifying the shape complexity. Immutable boundaries, for example, a coastal boundary or where a river defines a boundary, will contribute to shape complexity of voting districts that share a naturally complex border, and must be addressed. A proposed solution is to calculate out the proportion of the perimeter that is mutable versus immutable. 35 27 Kim Soffen. "How Racial Gerrymandering Deprives Black People of Political Power." The Washington Post (Jun 2016). Retrieved from hnps://www.washingtonpost.com. 28 Richard L. Hasen. "Racial Gerrymandering's Questionable Revival." Alabama Law Review 67 (2015/2016): 265-285. 29Ibid. 30Nicholas Daniel Hartlep. "From Statehouses to School- houses: Eradicating Environmental Racism." (Presentation, School of Education Research Conference, Milwaukee, WI, March 11, 2010). 31Hasen. "Racial Gerrymandering's Questionable Revival." Alabama Law Review 67 (2015/2016): 365-385. 32H.P. Young. "Measuring the Compactness of Legislative Districts." Legislative Studies Quarterly 13 (1988): 12. 33 Richard G. Niemi et al. "Measuring Compactness and the Role of a Compactness Standard in a Test for Partisan and Racial Gerrymandering." The Journal of Politics 52 (1990): 1155-1181. 34John Mackenzie. "Gerrymandering and Legislator Effi- ciency," ed. (Newark, DE: University of Delaware, 2010). 35Ibid; Jowei Chen. "Unintentional Gerrymandering: Political Geography and Electoral Bias in Legislatures." Quarterly Journal of Political Science 8 (2013): 239-269. 32 KRAMAR ET AL. FIG. 1. Superfund sites located within the conterminous United States, and the Euclidean distance.raster calculated from the superfund site locations. Although several bills to create EJ laws were intro- duced in the past decade, a gridlock has prevented them from being successful.36 Finally, due to the spatial ana- lytical capabilities of GIS, they are an invaluable tool to address EJ. In this analysis, we answer the following questions as they relate to EJ. m How does the relationship of race (percentage white/ African American) . and the exposure to, environ- mental pollution manifest itself at different ,spatial scales of areal aggregation? Is there'a relationship between the extent to which congressional districts (CDs) are gerrymandered and the exposure to environmental pollution (using the distance to superfund sites as a proxy)? e What is the relationship between the extentto which a CD is gerrymandered, and the relative percentage of white versus African American? METHODS Scale and data We utilized demographic and spatial data sourced from the United States Census Bureau (USCB) and an; alyzed the lower 48 of the.United States, aggregated at .the CD, and zip code level to address our three main research questions. The demographic census data con- . 36Hartlep. "From Statehouses to Schoolhouses," (Presenta- tion at School of Education Research Conference, Milwaukee, WI,.March 11, 2010.) J sisted of Topologically Integrated Geographic Encoding and Referencing (TIGER).shape files, with the standard Summary File 1 (SFI) census data associated.37 Begin- ning. in 2000, .the U.S. census allowed respondents to choose more than one race, creating 63.multirace possi- bilities, (126 including Hispanic and non -Hispanic as a factor). Here we chose to focus only on those reporting, single race white and single race African American. Proxies To consider exposure, to environmental hazards, we used the EPA superfund data as designated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. Whereas there is no single measurement of EJ, many studies have used the proximity of minority populations to superfund sites as a proxy. 38 Common methods -.of analysis include either proximity to or whether a zip code/district hosted a waste site. The landmark UCC study used host versus nonhost and the amount of waste produced on-site to measure in- justice. Here we applied the ArcGIS 10.3 Spatial Analyst (ESRI, 2013) extension to calculate the Euclidean distance from superfund sites as a measure of EJ (Fig. 1). To an- alyze the relationship between superfund site location and 37USCB. "113`s Congressional District TIGER/Line® Sha- pefiles." US Census Bureau. <ftp://ftp2.cehsus.gov/geo/tiger/ TIGERrd13/CD113> (Last accessed May 2015). 38A.R. Maranville et al. "An Environmental Justice Analysis; Superfund Sites and Surrounding Communities in Illinois. En- vironmental Justice 2 (2009): 49-58. A SPATIAL ANALYSIS OF SUPERFUND SITES ANDiTHE GERRYMANDER 33 FIG. 2. Data at zip code tabulation areas classified into four bins as a function of distance from superfund site location. zip code tabulation areas, we used the ArcGIS 10.3 Zonal' normality, we used the Kruskal—Wallis ranked. sum 'H Statistics tool to calculate the average distance from the= (p<0.001), and when plotted the trend is clearly visible superfund site to the zip code tabulation area (Fig. 2):. We�, with race getting both whiter and lessAfrican American also calculated the mean Euclidean distance from super as the distance increases (Fig. 5). At the CD level, we, see fund sites to the CDs (Fig. 3). 1 1 an almost identical pattern to that of the zip code tabulation Building on the work of DeSante and Sparks,39 we I areas, where the population becomes whiter and less Afri- estimated an index of Gerrymandering (G) using ESRI's � can American,the further that you move from the superfund ArcGIS 10.3. The initial analysis considered the entire site (Fig. 6). While it was interesting to see a relationship perimeter (no immutable boundaries) where G=p2/a of race to distance, the fact that it is visibly apparent -re - (Fig. 4). To address the complexity associated with im- � gardless of areal aggregation (zipcode vs. CD) is telling. mutable boundaries (e.g., shorelines), we systematically! At the CD unit of analysis, results indicate that there is simplified those boundaries using the ArcGIS 10:3 Sim- 1 a positive and significant relationship between the log of plify tool to systematically. remove vertices, and thus ; the calculated Gerrymandering Index (G) and log of the reduce the geometric complexity. Finally, we analyzed, mean distance to. a superfund 'site (R2=0:58, DF= 347, the relationship between the percentage white.and the ; p<0.001) (Fig. 7), indicating that as distance increases, percentage African Americanof each CD in relationship r so does the extent to which a district is gerrymandered. to the calculated G. All statistical analzses conducted for i . Analysis of the output (Table 1) and 'the residual distri- this work were completed in R 3.3.1. F button (Fig. 8) associated with the.models indicates a good fit. Specifically, the residuals indicate a predomi- RESULTS nantly random pattern around 0 and the coefficient esti- mates are significant at p=0.05. Moreover, the small At the zip code aggregation, we bifurcated the data variation'among the R2, multiple R2, and the adjusted R2 into four categories based on distance. Due to the lack of further indicates a .good model fit. This suggests that a successfully gerrymandered .district has the .effect of providing incentive to the elected official to make his/her 39Christopher DeSante and David Sparks. "Measuring the ; _district exclude or at least keep siting of potential envi- Gerrymander with spatstat." R-Bloggers, December 23, 2012. ronmental hazards at a distance from constituents of a <http://www.r-bloggers.6om/measuring-the-gerrymander-with- } 'racial group that may serve as the respective political spatstat> (Last accessed May 2015). base. Results from the analysis that addressed the per- 4OR Core Team. R: A Language and Environment for Statis- tical Computing. (Vienna, Austria: R Foundation for Statistical Computing, 2016). <https://www.R-project.org>. Last viewed G indicate that, as the CO. became more complex geo- September 201.7. metrically (e.g., the gerrymander coefficient increased, 1 34 KRAMAR ET AL. FIG. 3. Mean distance of congressional districts from the superfund site locations. the percentage white also increased. These results are strikingly similar to those shown in Figure 6. Conversely, we found that as the geometric complexity of the CDs decreased and the distance from superfund sites decreased, the percentage of African American population increased. These results suggest that current gerrymandering prac- tices effectively marginalize the African American popu- lation (Fig. 9). After addressing the inherent complexity of immuta- ble boundaries, we found the models to still be adequate FIG. 4. The mean log of the gerrymandering coefficient (G) per congressional district. A SPATIAL ANALYSIS OF SUPERFUND SITES AND THE GERRYMANDER 1.00- 0.75- 0 .00•0.75 m �v c 0.50 3 4 ao 0,26- 0.00. ------------------ U 100 260 360 Mean Dist to superfund (km) 1.00• to 0.75- E d C 3 Q 0.50- c O R C CL 0 e 0.25- 0m. 6 160 200 360 Mean Dist to supertund (km) 35 FIG. 5. Mean distance from superfund site location to zipcode tabulation areas in relation to the percent population white (Left) or black (Right). There is a clear trend with the percent white increasing as distance from superfund site to the zipcode tabulation areas increases, and the percent black increasing while the distance from the superfund site to zipcode tabulation area decreases. in their predictive capabilities (Mutable [Interior]: R2= nificant. These findings indicate that even with the in - 0.60, Immutable [Exterior]: R2=0.47) (Fig. 10). While herent complexity that exists in many of the immutable we do find that the immutable boundaries, even after boundaries, the original models adequately represent simplification, exhibit a lower R2 value than the mutable the issue surrounding gerrymandering in the context of boundaries or the initial model, the results are still sig- this research. 1.oa• 1.oa• v V t��• � Ir 0.75' �Y~�;{ r-- _-__-_____. m0,75` , 0.50- �i i• 0.50• ,. CL 0.25 0.00• , 0.00• 6 50 100 150 260 6 50 100 150 200 Mean Dist to superfund (km) Mean Dist to superfund (km) FIG. 6. Mean distance from superfund site to the congressional districts in relation to the percent population white (Left) or African American (Right). There is a clear trend with the percent white increasing as distance from superfund site increases, and the percent black increasing while the distance to superfund site decreases. 36 KRAMAR ET AL. Tntssfort�d Cserrymaml�— Super,�►d l « Log of the Gerrymander Coe#�nt (G) t 2 3 4 S FIG. 7. Representation of the linear relationship between the log G and the log of the distance to superfund site. The variables were log -transformed to meet normality requirements of linear regression. These results indicate a strong positive relationship between the distance from a superfund site and the extent to which a congressional district has been gerrymandered. DISCUSSION This analysis provides a simple, yet telling investi- gation into the percentage of the population that re- ported as single race (white and African American) as a response variable to the predictor of distance to super - fund site. We show that the closer you are to a super - fund site the more likely you will find African American families. Moreover, the results found in this study support current research indicating that minority popu- lations are at a significantly greater risk of environ- mental health issues. 41 The extent to which CDs are gerrymandered and ex- posure to environmental pollution was also telling. The more a district is gerrymandered, the less exposure to environmental pollution. To understand the true weight of 4'Paul Mohai and Robin Saha. "Reassessing Racial and So- cioeconomic Disparities in Environmental Justice Research." Demography 43 (May 2006): 383-399; Robert. D. Bullard. "Anatomy of Environmental Racism and the Environmental Justice Movement." In: R. Scott Frey (ed). The Environment and Society Reader. (Massachusetts: Allyn and Bacon, 2001), 97-105. Robert D. Bullard and Glenn S. Johnson. "En- vironmentalism and Public Policy: Environmental Justice: Grassroots Activism and Its Impact on Public Policy Decision Making." Journal of Social Issues 56 (2000). DOI:10.1111/ 0022-4537.00184; Commission for Racial Justice. "Toxic Wastes and Race in the United States: A National Report on the Racial and Socio -Economic Characteristics of Communities with Hazardous Waste Sites." (New York: United Church of Christ, 1987). this finding, it should be combined with the last question we answered that the more gerrymandering in a district, the less African Americans in that district. The racial power of gerrymandering has been demonstrated by Sof- fen 42 and Hasen,43 and more evidence is presented here in clear, spatial terms. The larger question of how dis- crimination works is partially answered by the findings about gerrymandering. There is a clear intent on change to favor white racial groups over African American racial TABLE 1. OUTPUT FROM THE SUPERFUND VERSUS G REGRESSION MODEL R2 = 0.58, multiple R2 = 0.55, adjusted R2 = 0.55 Ike S•W Intercept Log (G) 8.85 0.073 120.98 <0.001 0.62 0.03 20.48 <0.001 f -Statistic DF p 419.3 347 <0.001 The similarities among the R2, multiple R2, and the adjusted R2 indicate a good model fit, as well as the Pr(>Itl) values. s . _ • 4 « � 21 KRAMAR ET AL. Tntssfort�d Cserrymaml�— Super,�►d l « Log of the Gerrymander Coe#�nt (G) t 2 3 4 S FIG. 7. Representation of the linear relationship between the log G and the log of the distance to superfund site. The variables were log -transformed to meet normality requirements of linear regression. These results indicate a strong positive relationship between the distance from a superfund site and the extent to which a congressional district has been gerrymandered. DISCUSSION This analysis provides a simple, yet telling investi- gation into the percentage of the population that re- ported as single race (white and African American) as a response variable to the predictor of distance to super - fund site. We show that the closer you are to a super - fund site the more likely you will find African American families. Moreover, the results found in this study support current research indicating that minority popu- lations are at a significantly greater risk of environ- mental health issues. 41 The extent to which CDs are gerrymandered and ex- posure to environmental pollution was also telling. The more a district is gerrymandered, the less exposure to environmental pollution. To understand the true weight of 4'Paul Mohai and Robin Saha. "Reassessing Racial and So- cioeconomic Disparities in Environmental Justice Research." Demography 43 (May 2006): 383-399; Robert. D. Bullard. "Anatomy of Environmental Racism and the Environmental Justice Movement." In: R. Scott Frey (ed). The Environment and Society Reader. (Massachusetts: Allyn and Bacon, 2001), 97-105. Robert D. Bullard and Glenn S. Johnson. "En- vironmentalism and Public Policy: Environmental Justice: Grassroots Activism and Its Impact on Public Policy Decision Making." Journal of Social Issues 56 (2000). DOI:10.1111/ 0022-4537.00184; Commission for Racial Justice. "Toxic Wastes and Race in the United States: A National Report on the Racial and Socio -Economic Characteristics of Communities with Hazardous Waste Sites." (New York: United Church of Christ, 1987). this finding, it should be combined with the last question we answered that the more gerrymandering in a district, the less African Americans in that district. The racial power of gerrymandering has been demonstrated by Sof- fen 42 and Hasen,43 and more evidence is presented here in clear, spatial terms. The larger question of how dis- crimination works is partially answered by the findings about gerrymandering. There is a clear intent on change to favor white racial groups over African American racial TABLE 1. OUTPUT FROM THE SUPERFUND VERSUS G REGRESSION MODEL R2 = 0.58, multiple R2 = 0.55, adjusted R2 = 0.55 Estimate Std. error t Pr(>Itl) Intercept Log (G) 8.85 0.073 120.98 <0.001 0.62 0.03 20.48 <0.001 f -Statistic DF p 419.3 347 <0.001 The similarities among the R2, multiple R2, and the adjusted R2 indicate a good model fit, as well as the Pr(>Itl) values. 42 Kim Soffen. "How Racial Gerrymandering Deprives Black Pe We of Political Power." The Washington Post (Jun 2016). 4 Richard L. Hasen. "Racial Gerrymandering's Questionable Revival." Alabama Law Review 67 (2015/2016): 265-285. A SPATIAL ANALYSIS OF SUPERFUND SITES AND THE GERRYMANDER FIG. 8. Residual plots from the superfund versus Gerrymander re- gression model indicating a good model fit. Residuals are randomly distributed around 0. a is y ro N 0 V N a N Residuals vs Filled 37 Scale -Location 8.5 9.5 10.5 11.5 Fitted values Normal 0-0 -3 -2 -1 0 1 2 3 Theoretical Ouantiles groups. This spatial analysis could be used to help restrict gerrymandering, and therefore racially motivated redis- tricting, based on a not -to -exceed threshold G coefficient. These research findings also bring up the question of how. Soffen and Hasen demonstrate a structural as- pect to gerrymandering resulting in more power to white Americans. The how is through a structural and inten- tional process. We answer part of the question how by demonstrating the spatial impact of gerrymandering. Stretesky and Hogan44 discuss direct and indirect pro- cesses of discrimination related to their study of super - fund sites in Florida. Gerrymandering is a direct form but does not account for all the aspects of discrimination meaning that other indirect yet structured processes of discrimination are involved such as the lack of choices by some populations due to overall societal discrimination. This is a serious issue that policy makers should consider when looking for solutions to EJ. Although this research focuses on race and environ- mental pollution, future research could account for within -group variances on a spatial level. How do social class, gender, age, and education within groups tell us more about who is impacted? For example, we know that African Americans are more likely to experience poverty, especially African American children. 45 Afri- can American and Hispanic American children are more 44Paul Stretesky and Michael J. Hogan. "Environmental Jus- tice: An Analysis of Superfund Sites in Florida." Social Problems 45 ay 1998): 268-287. 4MEilen Patten and Jens Manuel Krogstad. "Child Poverty Rate Stable Among Blacks, Drops Among other Groups." The Pew Research Center July 14 (2015). <http://www.pewresearch.org/ fact-tmW2015/07/14/black-child-poverty-rate-holds-steady-even- as-other-groups-see-declines>. Last viewed September 2017. LZ •Kf V N Gf 8.5 9.5 10.5 11.5 Fitted values Residuals vs Leverage 0.000 0.010 0.020 Leverage likely to experience lead poisoning. 46 Likewise, some EJ researchers are discussing the importance of inter- sectionality in understanding how the disparities in envi- ronmental hazards are experienced 47'48 Intersectionality theorists have determined that there are intersecting as- pects of oppression such as race, class, gender, and age 49 This deeper analysis of how might lead to understand- ing the ways that different people experience environ- mental hazards, which could lead to solutions that are more fruitful. Likewise, a more robust statistical anal- ysis, including geographically weighted PCA and/or geographically weighted regression, may offer insight beyond this research. The examination of the relationship of superfund to the gerrymander is novel and should be of interest to researchers who study issues of social or EJ, as well as policy makers. The fact that there are significant chan- ges in the racial makeup of an area as a function of distance to a superfund site is not surprising. However, we do believe that because the relationship is consistent across all scales of spatial aggregation, we suggest fur- ther investigation. Moreover, the relationships identified 46Robert D. Bullard, Paul Mohai, Robin Saha, and Beverly Wright. "Toxic Wastes and Race at Twenty: Why Race Still Matters After All of These Years." Environmental Law 38 (2008): 371-411. 47Dorceta E. Taylor. "Race, class, gender, and American environmentalism." Gen. Tech. Rep. PNW-GTR-534. (Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station, 2002), 51. 48Celene Krauss. "Women and Toxic Waste Protests: Race, Class and Gender as Resources of Resistance." Qualitative Sociology 16 (1993): 247-262. 49Patricia Hill Collins. "Intersectionality's Definitional Di- lemmas." Annual Review of Sociology 41 (2015): 1-20. 7;0.�,ad t.00• t.00 12- y=8.7+0.69•x, /=0.595 • +, •, •i• R • • 11- so +• i 0.75. I`ryC"�' x0.75• • ��� 'e. + • • , • �►• • M 8- • X0.50. Q0.50•CL .� 12- y 8.9+0.61 - x, r2 0.465 0IL • • Vf CL s IL 0.25. .0.25- 0.25•0.00. s >> . • ,• • % •+ • • + •00 0,00- 0M. • .. r-. 0 40 80 Gerrymander Coefficient 120 0 40 80 120 Gerrymander Coefficient FIG. 9. Relationship between the calculated gerrymandering coefficient (G) and the percent of population that identifies as either white or African American. The pattern is similar to the analysis that looked at the percent of population white or African American versus distance to superfund. • •• 4b i i if FIG. 10. Distance to superfund sites of In- terior (Mutable) versus Exterior (Immutable) r boundaries in relation- ship to the log G, after simplification of the Immutable boundaries. a Interior vs Exterior, log G — Mean Dist 12- y=8.7+0.69•x, /=0.595 • +, •, •i• R • • 11- so +• i 10- •� s• ' • • ��� V c • • , • �►• • M 8- • 12- y 8.9+0.61 - x, r2 0.465 c 11 - • • Vf +�•• s >> . • ,• • % •+ • • + •00 log transformed G coefficient 38 • •• 4b i i if FIG. 10. Distance to superfund sites of In- terior (Mutable) versus Exterior (Immutable) r boundaries in relation- ship to the log G, after simplification of the Immutable boundaries. a A SPATIAL ANALYSIS OF SUPERFUND SITES AND THE GERRYMANDER between the geometric complexity of CDs as measured by G and the relative percentage of white versus African American presents a telling story of how current practices are marginalizing the minority populations. This research has been an exploration into EJ using public data from the U.S. census and EPA to retell a familiar story in a novel way: minority populations are systematically exposed to a larger amount of environmental hazards than white populations. Most importantly, this research presents unique findings concerning EJ, indicating that increased gerrymandering serves to exclude minority populations from CDs with less environmental hazards. AUTHOR DISCLOSURE STATEMENT No competing financial interests exist. 39 Address correspondence to: David E. Kramar Department of Anthropology and Earth Science Minnesota State University Moorhead 1104 7th Avenue South Moorhead, MN 56563 E-mail: david.kramar@mnstate.edu LII. > Su.preme..Court Miller v. Johnson (94-631), 515 U.S. 900 (1995) Concurrence [ O'Connor ] HTML version ................................................ WordPerfect version Syllabus HTML version .................................................. WordPerfect version Dissent [ Stevens ] HTML version .................................................. WordPerfect version )b i A --�) Dissent Opinion [ Ginsburg ] [ Kennedy) HTML versionHTML .................................................. version WordPerfect' ............................................. .................................................. WordPerfect ..................................... version E version NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co., 200 U.S. 321, 337. ...................................................... SUPREME COURT OF THE UNITED STATES Syllabus MILLER et al. v. JOHNSON et al. appeal from the united states district court for the southern district of georgic No. 94-631. Argued April 19, 1995 -- Decided June 29, 1995 In Shaw v. Reno, 509 U. S. , this Court articulated the equal protection principles that govern a State's drawing of congressional districts, noting that laws that explicitly distinguish between individuals on racial grounds fall within the core of the Equal Protection Clause's prohibition against race based decisionmaking, that this prohibition extends to laws neutral on their face but unexplainable on grounds other than race, and that redistricting legislation that is so bizarre on its face that it is unexplainable on grounds other than race demands the same strict scrutiny given to other state laws that classify citizens by race. Georgia's most recent congressional districting plan contains three majority black districts and was adopted after the Justice Department refused to preclear, under §5 of the Voting Rights Act (Act), two earlier plans that each contained only two majority black districts. Appellees, voters in the new Eleventh District --which joins metropolitan black neighborhoods together with the poor black populace of coastal areas 260 miles away --challenged the District on the ground that it was a racial gerrymander in violation of the Equal Protection Clause as interpreted in Shaw. The District Court agreed, holding that evidence of the State Legislature's purpose, as well as the District's irregular borders, showed that race was the overriding and predominant force in the districting determination. The court assumed that compliance with the Act would be a compelling interest, but found that the plan was not narrowly tailored to meet that interest since the Act did not require three majority black districts. He/d: Georgia's congressional redistricting plan violates the Equal Protection Clause Pp. 8-27. (a) Parties alleging that a State has assigned voters on the basis of race are neither confined in their proof to evidence regarding a district's geometry and makeup nor required to make a threshold showing of bizarreness. A district's shape is relevant to Shaw's equal protection analysis not because bizarreness is a necessary element of the constitutional wrong or a threshold requirement of proof, but because it may be persuasive circumstantial evidence that race for its own sake, and not other districting principles, was a legislature's dominant and controlling rationale in drawing district lines. In some exceptional cases, a reapportionment plan may be so highly irregular that, on its face, it rationally cannot be understood as anything other than an effort to segregate voters based on race, but where the district is not so bizarre, parties may rely on other evidence to establish race based districting. The very stereotypical assumptions the Equal Protection Clause forbids underlie the argument that the Clause's general proscription on race based decisionmaking does not obtain in the districting context because redistricting involves racial consideration. While redistricting usually implicates a political calculus in which various interests compete for recognition, it does not follow that individuals of the same race share a single political interest. Nor can the analysis used to assess the vote dilution claim in United Jewish Organizations of Wiiiiamsburgh, Inc. v. Carey, 430.U.S. 144 be applied to resuscitate this argument. Pp. 8-13. 5�b A (b) Courts must exercise extraordinary caution in adjudicating claims that a State has drawn race based district lines. The plaintiff must show, whether through circumstantial evidence of a district's shape and demographics or more direct evidence of legislative purpose, that race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a district. To make this showing, a plaintiff must prove that the legislature subordinated traditional race neutral districting principles, including but not limited to compactness, contiguity, respect for political subdivisions or communities defined by actual shared interests, to racial considerations. Pp. 14-15. (c) The District Court applied the correct analysis here, and its finding that race was the predominant factor motivating the Eleventh District's drawing was not clearly erroneous. It need not be decided whether the District's shape, standing alone, was sufficient to establish that the District is unexplainable on grounds other than race, for there is considerable additional evidence showing that the State Legislature was motivated by a predominant, overriding desire to create a third majority black district in order to comply with the Justice Department's preclearance demands. The District Court's well supported finding justified its rejection of the various alternative explanations offered for the District. Appellants cannot refute the claim of racial gerrymandering by arguing the Legislature complied with traditional districting principles, since those factors were subordinated to racial objectives. Nor are there tangible communities of interest spanning the District's hundreds of miles that can be called upon to rescue the plan. Since race was the predominant, overriding factor behind the Eleventh District's drawing, the State's plan is subject to strict scrutiny and can be sustained only if it is narrowly tailored to achieve a compelling state interest. Pp. 15-19. (d) While there is a significant state interest in eradicating the effects of past racial discrimination, there is little doubt that Georgia's true interest was to satisfy the Justice Department's preclearance demands. Even if compliance with the Act, standing alone, could provide a compelling interest, it cannot do so here, where the District was not reasonably necessary under a constitutional reading and application of the Act. To say that the plan was required in order to obtain preclearance is not to say that it was required by the Act's substantive requirements. Georgia's two earlier plans were ameliorative and could not have violated §5 unless they so discriminated on the basis of race or color as to violate the Constitution. However, instead of grounding its objections on evidence of a discriminatory purpose, the Justice Department appears to have been driven by its maximization policy. In utilizing §5 to require States to create majority minority districts whenever possible, the Department expanded its statutory authority beyond Congress' intent for §5: to insure that no voting procedure changes would be made that would lead to a retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise. The policy also raises serious constitutional concerns because its implicit command that States may engage in presumptive unconstitutional race based districting brings the Act, once upheld as a proper exercise of Congress' Fifteenth.Am.end.ment authority, into tension with the Fourteenth.Am.endment. Pp. 19- ............... 26. 864 F. Supp. 1354, affirmed and remanded. Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. O'Connor, J., filed a concurring opinion. Stevens, J., filed a dissenting opinion. Ginsburg, J., filed a dissenting opinion, in which Stevens and Breyer, JJ., joined, and in which Souter, J., joined except as to Part III .B. Notes * Together with No. 94-797, Abrams et al.. -v. Johnson et al., and No. 94-929, United States v. Johnson et al., also on appeal from the same court. O*Toolbox Law about... Articles ................................................................................... from Wex Legislation Statutory Authorities RACE -BASED POLITICAL EXCLUSION AND SOCIAL SUBJUGATION: RACIAL GERRYMANDERING AS A BADGE OF SLAVERY Patricia Okonta' TABLE OF CONTENTS Introduction......................................................................:.................. 255 I. Dissecting the Thirteenth Amendment..........................................260 A. Legislative Record of Thirteenth Amendment ......................... 261 B. Illumination of the Thirteenth Amendment: The Civil Rights Act and Fourteenth and Fifteenth Amendments .......................... 263 C. Thirteenth Amendment Jurisprudence .................................... 264 II. Exclusion of Black Voters Through Racial Gerrymandering ...... 269 A. Constitutional Approaches to Racial Gerrymandering............ 270 1. Fifteenth Amendment and Vote Dilution ............................. 271 2. The Fourteenth Amendment and Racial Gerrymandering.. 271 B. Voting Rights Act and Racial Gerrymandering ....................... 274 1. VRA Section 2 and Vote Dilution .......................................... 274 C. Current Status of Supreme Court Jurisprudence Surrounding Racial Gerrymandering........:.........................................................277 D. Impact of Discriminatory Racial Gerrymandering .................. 279 III. Defining Racial Gerrymandering as a Badge of Slavery............ 286 A. Prong One: Racial Gerrymandering and Its Historical Link to the Institution of Slavery............................................................... 287 B. Prong Two: Renewed Subjugation of a Targeted Class ........... 290 1. Racial Gerrymandering Applies to a Protected Class .......... 290 * J.D. Candidate 2018, Columbia Law School; B.A. 2015, Yale University. I am grateful to Professor Gillian Metzger for sparking my interest in 13th Amendment jurisprudence and for her insightful comments and edits of this Note. I would also like to thank the editors and staffers of the Columbia Human Rights Law Review, as well as my family and professional mentors that have supported and encouraged my passion. for racial and social justice work. Together, may we provide the resistance necessary to bend the moral are of the universe toward justice. 20181 Gerrymandering as a Badge of Slavery 255 2. Racial Gerrymandering Causes Renewed Subjugation ....... 290 Conclusion........................................................................................... 295 INTRODUCTION The 2016 United States presidential election sent shockwaves through the political arena. As commentators and political pundits scrambled to determine what happened across America on November 8th, one thing is surely clear: there was a historically low turnout by eligible voters. Nearly fifty percent of the country's electorate did not cast a ballot for president. While some attribute the catastrophic voter turnout to the nation's apathetic feelings toward the two candidates, a more pernicious mechanism may be partially responsible for low turnout in the presidential election, as well as congressional and local elections around the country. The practice of discriminatory racial gerrymandering may have caused. both low voter turnout with racially disparate impacts and the dilution of the voices of black voters. What was once used as a tool to ensure representation of the black electorate has been manipulated to favor a particular political party, in turn depressing the black vote. Racial gerrymandering is a redistricting act by state legislators to "stack, crack, or pack clusters of minority voters in single -member district systems."' While civil rights advocates have relied on non -race - neutral redistricting schemes to enable disenfranchised minorities to elect their preferred candidates, other schemes have been utilized for the opposite effect. Such schemes include, for example, the use of racial gerrymandering in contexts where racially polarized voting does not enhance minorities' ability to elect their candidate of choice. In this case, when racially polarized voting is not a significant factor in minorities' ability to elect their candidate of choice, racial gerrymandering is a dilutive measure that decreases minority political influence.' When critiquing subtle forms of vote dilution, it is important to analyze the intent and the effect these practices and procedures have in diminishing the black vote. The districting mechanisms' disparate impact on black voters and their right to fairly participate in American democracy is illustrated by the ever-growing 1. STEVEN A. LIGHT, "THE LAW Is GOOD": THE VOTING RIGHTS ACT, REDISTRICTING AND BLACK REGIME POLITICS 22 (2010). 2. Id. 256 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 number of cases on this topic before the judiciary.3 Discriminatory redistricting harms black voters by limiting their influence and constraining their ability to build voting strength in surrounding districts." The Fourteenth and Fifteenth Amendments provide the governing constitutional test for racial gerrymandering claims. The Fourteenth Amendment prohibits legislatures from engaging in both intentional race -based voter dilution and racial sorting.' Furthermore, the Voting Rights Act of 1965 (VRA) invokes the Fifteenth Amendment's voter protection enforcement arm,' statutorily prohibiting redistricting that results in racial vote dilution, regardless of intent.' For decades, the VRA served as a significant check on redistricting schemes that used race to sort and pack black voters. Given these clear constitutional and statutory protections, courts had no occasion to develop other bases for protecting against racial gerrymandering, such as the Thirteenth Amendment. However, in 2013, the Supreme Court amputated a portion of the VRA, making it more difficult to monitor and attack racial gerrymandering schemes that do not comport with constitutional guarantees.8 3. Federal courts in North Carolina, Virginia, and Alabama have recent or pending cases challenging racial gerrymandering. See, e.g., Harris v. McCrory, 159 F. Supp. 3d 600 (M.D.N.C. 2016) (M.D.N.C. 2016) (holding that the state's redistricting plan was a denial of equal protection), affd sub nom, Cooper v. Harris, 137 S. Ct. 1455 (2017); Dickson v. Rucho, 368 N.C. 481 (2015), modified, 368 N.C. 673 (2016), vacated and remanded, 137 S. Ct. 2186 (2017); Page v. Va. State Bd. of Elections, No. 3:13-cv-678, 2015 U.S. Dist. LEXIS 73514 (E.D. Va. June 5, 2015); Wittman v. Personhuballah, 136 S. Ct. 1732 (2016); Ala. Legislative Black Caucus v. Alabama, 135 S. Ct. 1257 (2015); North Carolina v. Covington, 137 S. Ct. 808 (2017); Bethune -Hill v. Va. State Bd. of Elections, 141 F. Supp. 3d 505 (E.D. Va. 2015), affd in part, vacated in part, remanded, 137 S. Ct. 788 (2016). 4. Brief for NAACP & Va. NAACP as Amici Curiae Supporting Appellants at 3-4, Bethune -Hill v. Va. State Bd. of Elections, 137 S. Ct. 788 (2017) (No. 15- 680). 5. Michael Parsons, Clearing the Political Thicket: Why Political Gerrymandering for Partisan Advantage Is Unconstitutional, 24 Wm. & MARY BILL RTS. J. 1107, 1113 (2016). 6. Voting Rights Act of 1965, Pub. L. No. 89-110, 79 Stat. 437 (1965) (codified as amended at 52 U.S.C. § 10301 et seq. (2012)). 7. Parsons, supra note 5. 8. Shelby Cty. v. Holder, 133 S. Ct. 2612, 2631 (2013) (finding the juris- dictional coverage formula unconstitutional, thereby largely eliminating the application of § 5 of the Voting Rights Act as the law is currently written); see also Voting Rights Act of 1965, Pub. L. No. 89-110, 79 Stat. 437 (1965) (codified as amended at 52 U.S.C. § 10301 et seq. (2012)). 20181 Gerrymandering as a Badge of Slavery 257 With statutory protection now limited, the Thirteenth Amendment's badges and incidences of slavery framework may serve as an alternative source for protecting black voters from pernicious racial gerrymandering schemes. In the eighteenth century, the phrase "badges and incidences of slavery" was used to characterize practices that were oppressive to a class of individuals.' In the nineteenth century, the expression gained legal significance with the rise of Thirteenth Amendment adjudication. Originally enacted as one of the Reconstruction Amendments, the Thirteenth Amendment has been construed excessively narrowly in recent decades.10 Properly understood, however, the Thirteenth Amendment embodies a more robust understanding of the types of measures that should be prohibited as a badge of slavery. The Supreme Court considered the Thirteenth Amendment and the "badges" phrase for the first time in the Civil Rights Cases of 1883." At issue in these consolidated cases was the Civil Rights Act of 1866. In the opinion, the phrase "badges and incidents of slavery" was used to depict a caste system that subjugated blacks, keeping them "in their place.»12 The Court granted Congress an affirmative duty to eliminate social markers that subordinated blacks. 13 State voting mechanisms that exclude black voices from the political arena rise to 9. JAMES E. CLAPP ET AL., LAwTALic THE UNKNOWN STORIES BEHIND FAMILIAR LEGAL EXPRESSIONS 24 (2011). 10. See William M. Carter, Jr., Race, Rights, and the Thirteenth Amend- ment: Defining the Badges and Incidents of Slavery, 40 U.C. DAvI5 L. REV. 1311, 1316 n.12, 1379 (2007) [hereinafter Carter, Race, Rights, and the Thirteenth Amendment] (stating that the lower courts have consistently found that the Amendment itself prohibits only literal slavery, involuntary servitude, or other forms of coerced labor and that one court has even suggested that asserting the Thirteenth Amendment as a direct cause of action for the badges or incidents of slavery was so improper as to be sanctionable under Federal Rule of Civil Procedure 11); Crenshaw v. City of Defuniak Springs, 891 F. Supp. 1548, 1556 (N.D. Fla. 1995) ("While neither the Supreme Court ... [n] or the Courts of Appeal have decided the extent to which a direct cause of action exists under the Thirteenth Amendment, district courts have uniformly held that the amendment does not reach forms of discrimination other than slavery or involuntary servitude."); Joyce E. McConnell, Beyond Metaphor: Battered Women, Involuntary Servitude and the Thirteenth Amendment, 4 YALE J.L. & FEMINISM 207, 213 (1992) ("[T]he Thirteenth Amendment is generally, albeit implicitly, interpreted by the courts [solely] as a prohibition against coerced wage labor in the market economy.... If one accepts this limited perspective, the Thirteenth Amendment guarantees workers nothing more than the freedom to contract their labor."). 11. The Civil Rights Cases, 109 U.S. 3 (1883). 12. CLAPP ET AL., supra note 9, at 24. 13. See The Civil Rights Cases, 109 U.S. at 20. 550 �s 258 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 this level of subordination. Thus, defects in the political process, like the exclusion of black and minority voters, should not only be given heightened scrutiny by courts, but should also be disbanded by affirmative legislation through the power of the Thirteenth Amendment. Access to the political process through voting is the pinnacle of exercising citizenship rights and the cornerstone of the foundation of the American Republic. American consciousness is framed by the notion that every citizen has the opportunity to express his or her voice through a vote, and the elective process is open and accessible to all who seek it. Since America's inception, blacks have been deliberately or systematically blocked from freely utilizing their right to vote. After the abolishment of slavery under the Thirteenth Amendment and passage of the Fourteenth Amendment, granting equal protection under the law, there was no clear repudiation of voter discrimination.l" Even after the Fifteenth Amendment,15 systematic exclusion of minority voters continued to be commonplace in America. Until the 1960s, the Court generally deferred to the states in determining the qualifications to vote except where a particular qualification was expressly prohibited by a specific amendment." Voter intimidation and Jim Crow laws, like literacy tests and poll taxes, permeated the political sphere, deliberately excluding black voters. In the decades since, redistricting schemes that use race as a predominant feature, without a legitimate interest, have continued to limit the voice of black citizens. Historically and today, discrete groups have been overtly and systematically denied opportunities to access the political process without interference. The Thirteenth Amendment can respond to that history of exclusion. The text goes beyond forced labor and compels Congress to "obliterate the 14. The Fourteenth Amendment did not directly prohibit discrimination in voting. U.S. CONST. amend. XIV, § 2 (providing for a reduction in representation in the House of Representatives in proportion to the number of "male inhabitants of [the] State, being twenty-one years of age, and citizens of the United States," who were not permitted to vote). 15. U.S. CONST, amend. XV, § 1 ("The right of citizens ... to vote shall not be denied or abridged ... on account of race, color, or previous condition of servitude."). 16. Lassiter v. Northampton Cty. Bd. of Elections, 360 U.S. 45, 52 (1959) (unanimously upholding a North Carolina statute providing that an individual must be able to read and write any section of the state Constitution to be eligible to vote, based on the rationale that a state might conclude that only those who were literate should exercise the franchise). P ii 20181 Gerrymandering as a Badge of Slavery 259 last lingering vestiges of the slave system . . . [and] everything connected with it or pertaining to it."" This Note will address how the Thirteenth Amendment's concept of "badges and incidents of slavery" may be applied to state voter manipulation schemes that are used to attack black voting power. Part I will address the construction of the Thirteenth Amendment using a doctrinal analysis. Employing both historical resources (like legislative history) and case law, this analysis seeks to develop a consistent and coherent concept of the Amendment's reference to badges and incidents of slavery. This part will also illuminate how the Thirteenth Amendment can be used as a tool to advance civil rights. Part II describes and characterizes the history of racial gerrymandering schemes in America and how this form of redistricting has caused insidious consequences for black voters. This part will discuss the impact of racial gerrymandering schemes in both past and present electoral cycles to determine how the courts have addressed redistricting schemes based on race. Part III then ties the impact of racial gerrymandering to the Thirteenth Amendment's badges and incidents of slavery framework using a two-pronged analysis: (1) a historical link to slavery, and (2) a showing of subjugation of the protected class. " The purpose of Part III is to showcase the historical political exclusion of protected minorities and the ways in which the Thirteenth Amendment can be utilized as an effective tool for addressing .persistent forms of inequality and discrimination. This part will end by addressing the need for Congress to use its enforcement power to improve the Voting Rights Act or introduce new prophylactic legislation that will dismantle state laws habitually excluding minorities from the electoral process. In conclusion, the Note will link historical references and social -scientific evidence to rationalize how these political schemes have subordinated and in some cases eliminated the black voice in the electoral process, constituting a badge and incident of slavery. 17. Jacobus tenBroek, Thirteenth Amendment to the Constitution of the United States: Consummation to Abolition and Key to the Fourteenth Amendment, 39 CAL. L. REV. 171, 177 (1951) (quoting CONG. GLOBE, 38th Cong., 1st Sess. 1324 (1864) (statement of Sen. Wilson)). 18. Jennifer M. McAward, Defining the Badges and Incidents of Slavery, 14 U. PA. J. CONST. L. 561, 566 (2012); see also Shadman Zaman, Violence and Exclusion: Felon Disenfranchisement as a Badge of Slavery, 46 COLUM. HUM. RTS. L. REV. 233, 256 (2015) (taking a historical link to slavery and the possibility of renewed subjugation as "minimum" requirements to support the argument that felon disenfranchisement is a badge of slavery). 260 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 This argument against some forms of racial gerrymandering does not neglect the value of considering race as a factor in drawing district lines when used in jurisdictions to elect a preferred candidate, nor does it assume that racial gerrymandering contravenes principles of a color-blind Constitution. To the contrary, the argument rests on the recognition that America's issues with race—and particularly the subordination of races other than "white"—has been and continues to be a major problem. Whenever the state considers race as a factor in its choice to use a legal mechanism, the process should be heavily scrutinized so as to ensure the promises of anti -subordination and equal protection that are legally guaranteed to black Americans through the Thirteenth and Fourteenth Amendments. 19 Forms of racial gerrymandering that do not work to ensure minority representation, and instead serve to systematically exclude and subordinate groups trying to engage in the political process, are unconstitutional under the Thirteenth Amendment's badge of slavery framework. I. DISSECTING THE THIRTEENTH AMENDMENT The text of the Thirteenth Amendment is fairly short and direct. The Amendment provides that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.»20 The following section will discuss the Framers' intent to use this amendment not only to abolish slavery, but also to eliminate all badges and incidents of slavery, that is, laws and customs that create a second-class citizenship. Scholars have traced the definition of the phrases "badge of slavery" and "incidents of slavery" to the public meaning of the terms at the time the Thirteenth Amendment was adopted. Drawing on contemporaneous colloquial usage and mid -nineteenth century dictionaries, Professor Jennifer McAward argues that in a general sense, . the term "incident of slavery" referred to property law aspects of the slave system, and "badge of slavery" referred to indicators of African-Americans' subordinate status.21 The Thirteenth Amendment's framers recognized that slavery consisted of more than forced labor, lack of property rights, and unequal treatment. They 19. Jack M. Balkin & Reva B..Siegel, The American Civil Rights Tradition: Anticlassification or Antisubordination?, 58 U. MIAMI L. REV. 9 (2004). 20. U.S. CONST. amend. XIII, § 1. 21. McAward, supra note 18, at 575. 20181 Gerrymandering as a Badge of Slauery 261 understood that the system of slavery also included the foundation of customs, practices, and systemic forms of subordination that allowed white supremacy to persist and enabled slavery to flourish for centuries.22 As this section will show, contemporaneous congressional records and case law can be utilized to adequately address the purpose and scope of the Thirteenth Amendment as a tool to eliminate pervasive remnants of the slave system. A. Legislative Record of Thirteenth Amendment At the time of the Amendment's drafting and final debates on its adoption, Congress realized that the end of the legal institution of slavery was imminent. With the Northern victory in the Civil War, Northern conservatives could no longer avoid denying the institution of slavery.23 Therefore, congressional debates focused less on the morality of slavery and more on "what would follow the end of slavery."" Based on those political assumptions, the debates that developed the Thirteenth Amendment reflected the predominant view of anti -slavery Republicans: that slavery was more than a single institution; it was a vicious system of racial oppression. Development of the Thirteenth Amendment was used as a tool to repudiate slavery and the difficulties it created for enslaved populations." One of the main topics of discussion during the debates was rights and privileges that could be granted to freedmen after the abolishment of slavery. At the time of the Amendment's enactment, Congress distinguished between social rights and fundamental rights of citizenship. 16 During the Thirteenth Amendment debates, advocates 22. William M. Carter, Jr., A Thirteenth Amendment Framework for Combating Racial Profiling, 39 HARV. C.R.-C.L. L. REV. 17, 50-52 (2002). 23. See William M. Carter, Jr., The Thirteenth Amendment and Constitutional Change, 38 N.Y.U. REV. L. & SOC. CHANGE 583, 586 (2014). The Thirteenth Amendment debates carry significant discussion on the fact that the Amendment would amplify the federal government's power of civil rights, weakening state power in this realm. See also Ex Parte Virginia, 100 U.S. 399, 345 (1879) (stating that the Thirteenth and Fourteenth Amendments are "limitations of the power of the States and enlargements of the power of Congress"). 24. Carter, supra note 23, at 586. 25. See ALEXANDER TSESIs, THE THIRTEENTH AMENDMENT AND AMERICAN FREEDOM: A LEGAL HISTORY 102 (2004) ("The Thirteenth Amendment ... signaled a break from moderate anti -slavery leanings. Moderates wanted states gradually and separately to end slavery."); RONALD G. WALTERS, AMERICAN REFORMERS: 1815-1860 80 (1997) (noting that antislavery doctrine, from the 1830's onward, rejected what William Lloyd Garrison called the "pernicious doctrine of gradual abolition"). 26. The Civil Rights Cases, 109 U.S. 3, 22 (1883). 262 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 knew that emancipation included more than an exemption from servitude, but also included citizenship rights to freely participate in government.27 However, social rights were rights that Amendment - drafters recognized as state -concerned civil rights, which would protect freedmen from forms of social subordination, like private discrimination.28 There was widespread debate over whether the Amendment should protect social equality or merely full political participation. Some framers of the Thirteenth Amendment realized the social and legal limitations that blacks would face in the country after becoming freepeople. For example, Senator James Harlan spoke about disenfranchisement as it related to rights in the judicial context, including the inability to testify or bring suit in court, as badges and incidents of slavery.29 Further, the debates often included discussion of expansive natural rights (or inalienable rights like life and liberty) that should be guaranteed to eliminate the legacy of slavery in America." Senator Henry Wilson stated that the Thirteenth Amendment was created to "obliterate the last lingering vestiges of the slave system: its chattelizing, degrading, and bloody codes ... everything connected to it or pertaining to it.s31 Senator Charles Sumner also supported the broad and expansive scope of the Amendment during debates, stating that in enacting the Amendment, slavery is abolished entirely, from "root to branch ... in every detail."32 On the other hand, opponents of the expansive nature of the Amendment denounced the call for freedom and equality. Leaning on fears that abolishing slavery would entitle African-Americans to citizenship rights, like voting and jury service, 27. Douglas L. Colbert, Liberating the Thirteenth Amendment, 30 HARV. C.R.-C.L. L. REV. 1, 8 (1995) (referencing CONG. GLOBE, 39th Cong., 1st Sess. 2962 (1866)). 28. Robert J. Kaezorowski, Revolutionary Constitutionalism in the Era of the Civil War and Reconstruction, 61 N.Y.U. L. REV. 863, 86647 (1986) (arguing that "[t]he most important question for the Framers [of the Reconstruction Amendments] was whether the national or the state governments possessed primary authority to determine and secure the status and rights of American citizens"); Carter, Race, Rights, and the Thirteenth Amendment, supra note 10, at 1379. Some drafters argued for provisions that would uplift both the social and political status of the former slaves. Congressman William D. Kelley stated that the proposed amendment was meant to cause the political and social elevation of African Americans so that they would enjoy all the rights of whites. CONG. GLOBE, 38th Cong., 1st Sess. 2985 (1864). 29. CONG. GLOBE, 38th Cong., 1st Sess. 1439-40 (1864). 30. HAROLD M. HYMAN & WILLIAM M. WIECEK, EQUAL JUSTICE UNDER LAW: CONSTITUTIONAL DEVELOPMENT 1835-1875 392 (1982). 31. CONG. GLOBE, 38th Cong., 1st Sess. 1324 (1864). 32. CONG. GLOBE, 42d Cong., 2d Sess. 728 (1872). 20181 Gerrymandering as a Badge of Slavery 263 they claimed such a step would make the United States government a "mongrel Government."" While there was no clear consensus on what rights should be afforded to black Americans through the Thirteenth Amendment, both proponents and opponents of the Amendment recognized the breadth of the Amendment's potential to uplift the social and political rights of newly freed slaves. This discussion provides clear insight into the definitions of badges and incidents of slavery as contemplated in the Amendment's drafting, and its message was further confirmed by the enactment of the Civil Rights Act of 1866 and the remaining two Reconstruction Amendments. B. Illumination of the Thirteenth Amendment: The Civil Rights Act and Fourteenth and Fifteenth Amendments A year after the enactment of the Thirteenth Amendment, Congress clarified the scope of the Amendment by ratifying the Civil Rights Act of 1866. After a wave of violence against Southern blacks, lack of prosecution by local law enforcement, and the institution of Black Codes that perpetuated white supremacy, Congress enacted the Civil Rights Act to re-emphasize and re -define the scope of equality the Thirteenth Amendment provided.34 The legislation outlined fundam- ental rights guaranteed via citizenship35 that may be repressed by incidents of slavery.36 With majority support for the bill," Republicans 33. See Colbert, supra note 27, at 10-11 (quoting CONG. GLOBE, 38th Cong., 2d Sess. 216 (1865) (statement of Rep. White)). 34. DONALD NIEMAN, TO SET THE LAw IN MOTION: THE FREEDMEN'S BUREAU AND THE LEGAL RIGHTS OF BLACKS, 1865-68, 112-113 (1979); see also Colbert, supra note 27, at 55. The Black Codes represented a legalized form of slavery in which each southern state perpetuated the master—slave relationship by denying African Americans civil rights and due process of law. 35. The 1866 Act's citizenship clause superseded Dred Scott v. Sandford, 60 U.S. 393 (1857), which had denied African Americans citizenship rights provided to white people, including the right to sue in federal court. Senator Trumbull, Chairman of the Senate Judiciary Committee and author of the 1866 Civil Rights Act, declared that the Act's guarantees included "those inherent, fundamental rights which belong to free citizens or free men in all countries." CONG. GLOBE, 39th Cong., 1st Sess. 1757 (1866); see also Colbert, supra note 33, at 55. 36. Civil Rights Act of 1866, ch. •31, § 1, 14 Stat. 27 (current version at 42 U.S.C. § 1982 (1988)). Congressman Thayer spoke of the Thirteenth Amendment as intended to relieve former slaves from "all the oppressive incidents of slavery" and to secure to them the fundamental rights of citizenship "which make all men equal before the law." LONG. GLOBE, 39th Cong., 1st Sess. 1152 (1866). 37. LONG. GLOBE, 39th Cong., 1st Sess. 1367 (1866). Both Houses of Congress provided substantial support for the civil rights statute: senators voted �L a5� 264 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 determined that badges and incidents of slavery consisted of not just physical servitude, but also social and legal limitations that accompany subordinated class status. The enactment of the Fourteenth and Fifteenth Amendments also provides insight on rights Congress intended to be a guarantee for black Americans. The Fourteenth Amendment, which was enacted only three years after its predecessor, sets out the definition of citizenship rights and guarantees equal protection under the law to all citizens.38 The Fourteenth Amendment defines the formula for determining political representation by apportioning representatives among states based on a count of all residents as whole persons, in contrast, the pre -Civil War count of enslaved people as three-fifths in representation.39 This formula is significant to claims that Congress valued the political rights of black Americans. Moreover, the Fifteenth Amendment continued a constitutional guarantee to unbiased and unimpeded political participation by prohibiting interference with the right to vote based on race, color, or past servitude.40 The past servitude language illuminates the terms, "badge" and "incident" of slavery. Each of these amendments codifies congressional intent to guarantee black Americans both social and political rights that lead to fair and equal participation in the electoral process. Rejecting unequal political participation constituted the elimination of a "badge" or "incident" of slavery. C. Thirteenth Amendment Jurisprudence Case law also confirms and supports a flexible definition and scope of badges and incidents of slavery as imagined by the Framers of the Amendment. The phrase "badges and incidents of slavery" is a term of art first used in the Civil Rights Cases of 1883.41 Although the Court in these cases denied the constitutionality of the Civil Rights Act of 1875, the dissent articulated an expansive definition for a badge and incident of slavery. The Civil Rights Cases consisted of five consolidated cases involving private discrimination and the Civil Rights Act of 1875. The Civil Rights Act of 1875 was a bill enacted by Congress to protect all citizens from discrimination in places of thirty-three to twelve in favor, and representatives approved the measure by 111 to thirty-eight. 38. U.S. CONST. amend. XIV. 39. Id. 40. U.S. CONST. amend. XV. 41. McAward, supra note 18, at 570. 0�-52 20181 Gerrymandering as a Badge of Slavery 265 public accommodation.42 Although the accommodations at issue were privately owned, they exercised public functions (benefitted the public) and were subject to the Act's jurisdiction.43 In each of the five cases, a black person was denied accommodations by a privately owned—but publicly operated—business. 44 This was the Supreme Court's first opportunity to establish the scope of Congress's enforcement power.45 First, the consolidated cases made it clear that the Thirteenth Amendment "abolished slavery, and established universal freedom."" When addressing the scope of Congress's enforcement power, the Court articulated that the Amendment emboldened Congress with the "power to pass all laws necessary and proper for abolishing all badges and incidents of slavery" in the United States .4' The case continues by describing what effects would constitute a badge and incident of slavery. Beyond eliminating the physical shackles slavery sustained, the Thirteenth Amendment authorized Congress to extended to black Americans the "full and equal benefit of all laws andproceedings for the security of person and property as is enjoyed by white citizens," which Congress did with the Civil Rights Act of 1866.4$ But the Court ultimately held that the 1875 Act was unconstitutional, relying predominately on the Fourteenth Amendment and interpreting it to only prohibit the denial of equal protection by the state, not private actors.49 However, Justice Harlan, the lone dissenter of the Civil Rights Cases, provided a framework for a broader interpretation of the Thirteenth Amendment's badges and incidents language. Harlan correctly inferred that if privately owned recreational establishments, "used in a manner to make them of public consequence and to affect the community at large," were allowed to discriminate, such actions would cause widespread segregation and subjugation that 42. The Civil Rights Cases, 109 U.S. at 9 (noting that the Act in part stated that people in the United States "shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of [public places and services] subject only to ... conditions ... applicable alike to citizens of every race and color, regardless of any previous condition of servitude"). 43. Id. (citing § 2 of the Act of 1875, which provides a penalty of $500 for any person denying equal access to public accommodations) (emphasis added). 44. Id. at 4. 45. Id. at 10. 46. Id. at 20. 47. The Civil Rights Cases, 109 U.S. at 20. 48. Id. at 16-17. 49. M. at 13, 25. 88��53 266 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 could be considered a badge of slavery." Harlan noted that if the Reconstruction Amendments and Bills were to be interpreted correctly, in the spirit of the drafters, they not only enable Congress to prohibit physical slavery, but also to promote equality and equal treatment.51 By protecting black citizens from various forms of social discrimination, Congress is ensuring they are afforded the same enjoyment of citizen privileges as their white counterparts. 52 The Civil Rights Cases opinion is noteworthy because the majority provides an interpretation of badges and incidents of slavery beyond solely physical shackles, and the dissent offers more expansive definitions that are used and developed in later jurisprudence. This characterization presumes extreme instances of discrimination and exclusion to be a badge of slavery, and therefore illegal under the Thirteenth Amendment. After the Civil Rights Cases, serious judicial interpretation of the construction and scope of the Thirteenth Amendment was neglected for over eighty years. The limited case law available during this time period took a restrictive approach to Thirteenth Amendment jurisprudence.53 It was not until 1968, in Jones v: Alfred H. Mayer Co., that Thirteenth Amendment jurisprudence began to re -rise as a civil rights tool.5' In Jones, an interracial couple seeking to purchase a home in St. 50. Id. at 42. 51. Id. at 26 (Harlan, J., dissenting). 52. The Civil Rights Cases, 109 U.S. at 61 (Harlan, J., dissenting) ("[T]he one underlying purpose of congressional legislation has been to enable the black race to take the rank of mere citizens. The difficulty has been to compel a recognition of the legal right of the black race to take that rank of citizens, and to secure the enjoyment of privileges belonging, under the law, to them as a component part of the people for whose welfare and happiness government is ordained."). 53. See Plessy v. Ferguson, 163 U.S. 537, 540 (1896) (ruling that refusal of accommodations to colored people and the maintenance of "equal but separate accommodations for the white, and colored races" was not a badge of slavery), overruled by Brown v. Bd. of Educ., 347 U.S. 483 (1954); see also Hodges v. United States, 203 U.S. 1, 19 (1906) (limiting the scope of the Thirteenth Amendment by declaring that § 2 of the Amendment gave Congress the authority to legislate on actual conditions of slavery, and not its badges, despite overwhelming dicta to the contrary); but see Hodges, 203 U.S. at 37 (Harlan, J., dissenting) (discussing Clyatt v. United States, 197 U.S. 207 (1905) (upholding the Peonage Act of 1867 and reaffirming the Amendment in permitting congressional intervention even when state laws do not explicitly discriminate on the basis of race)). 54. See Jones v. Alfred H. Mayer Co., 392 U.S. 409, 443 n.78 (1968) (stating that "[t]he Thirteenth Amendment authorizes Congress not only to outlaw all forms of slavery and involuntary servitude but also to eradicate the last vestiges and 20181 Gerrymandering as a Badge of Slavery 267 Louis alleged that the defendant refused to sell them the home because the husband was African-American. 56 The plaintiffs initiated their claim under the Civil Rights Act of 1866, which prohibited racial discrimination.56 The defendant argued that Congress's Thirteenth Amendment power did not reach private racial discrimination and was limited to prohibiting physical enslavement.57 The Court held that the law was a reasonable exercise of Congressional power and that the Thirteenth Amendment enabled Congress to legislate against not only literal slavery, but also actions that restrict African Americans' free exercise of rights, including private racial discrimination of this kind." The Court reasoned that: Just as the Black Codes, enacted after the Civil War to restrict the free exercise of those rights, were substitutes for the slave system, so the exclusion of Negroes from white communities became a substitute for the Black Codes. And when racial discrimination herds men into ghettos and makes their ability to buy property turn on the color of their skin, then it too is a relic of slavery." Although Jones seemed to reinvigorate Thirteenth Amendment civil rights jurisprudence, the Court slowly began to retract its broad interpretation of the Amendment. Beginning with Palmer v. Thomson, in 1971, the Court refused to apply the Thirteenth Amendment to a prohibition on blacks swimming in public swimming pools.60 Palmer left the door open for Congressional legislation to attack badges of slavery, but also illustrated judicial discomfort in determining what constituted a badge of slavery. Nevertheless, City of Memphis v. Greene provided some insight as to what a badge of slavery is not. The case involved a class action challenging the closing of a road separating an all -white neighborhood from a predominately black neighborhood.61 The Court determined that inconvenience and speculative loss of property value to black incidents of [slavery]," overruling Hodges v. United States, 203 U.S. 1 (1906) and part of Clyatt v. United States, 197 U.S. 207 (1905)). 55. Id. at 412. 56. Id. at 422; 42 U.S.C. § 1982 (2012). 57. Jones, 392 U.S. at 412. 58. Id. at 440-42. 59. Id. at 441-43. 60. Palmer v. Thompson, 403 U.S. 217, 226-27 (1971) (recognizing that the Thirteenth Amendment granted Congress the power to legislate in this area but determining that it would "severely stretch" the text of the Amendment to prohibit the pool's policy when Congress itself had not chosen to pass a law to that effect). 61. City of Memphis v. Greene, 451 U.S. 100, 103 (1981). 6b 55 268 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 residents caused by the road closure were insufficient to be considered "a badge of slavery," protected against by the Thirteenth Amendment.62 Although the Court reasoned that since there was no direct effect on property interests, there was no badge of slavery, the case did highlight Congress's power to dismantle badges of slavery generally." Despite a retrenchment in Thirteenth Amendment doctrine at the Supreme Court level, federal circuit courts have reinforced the basic message of Jones and affirmed Congressional power to remove badges of slavery. In United States v. Nelson, the Second Circuit upheld a federal hate crimes statute passed pursuant to the Thirteenth Amendment 64 The Court recognized that Congress has the power to legislate against cognate institutions of slavery, like a private actor inflicting violence on an identifiable racial group. 65 Analogously, in United States v. Hatch, the Tenth Circuit upheld a federal hate crimes act, reasoning that Congress can enforce legislation to eliminate badges of slavery—a power that "extends to eradicating slavery's lingering effects."66 Each court rationally concluded that physically attacking a person of a particular race because of animus toward or desire to assert superiority over that race was a badge or incident of slavery. At the time of the Amendment's enactment, legislators and judges generally held the common conception that slavery also included institutionalized customs, practices, and pervasive forms of racial subordination that conserved white supremacy. At the cusp of Reconstruction and the demise of slavery, both state and private actors strategically and systematically imposed provisions to disadvantage freepeople.67 While recently the Court has been hesitant to define what constitutes a badge of slavery, the prior definitions are sufficient to develop an interpretation of the doctrine. Moreover, case law thus far has emboldened Congress to ,determine what this definition means. Just as Black Codes were a legal mechanism used to disenfranchise and perpetuate (physical and virtual) violence on African-Americans, similarly, state-sponsored legislation today continues to subordinate and disenfranchise the African-American voter. Beyond forced labor, 62. Id. at 124, 128. 63. Id. at 131. 64. United States v. Nelson, 277 F.3d 164, 213 (2d Cir. 2002). 65. See id. at 189 (stating that violence used against a specific race of people with the intention to prevent them from using public facilities has a historic relationship to slavery and its cognate associations and is restricted by law). 66. United States v. Hatch, 722 F.3d 1193, 1197 (10th Cir. 2013). 67. McAward, supra note 18, at 581. Ant =10 20181 Gerrymandering as a Badge of Slavery 269 unequal treatment, and property law, the Thirteenth Amendment works to eliminate lingering vestiges of the slave system. II. EXCLUSION OF BLACK VOTERS THROUGH RACIAL GERRYMANDERING One specific instance in which African-Americans have been reduced to second-class citizenship is through voting. Today, black voters are targeted and manipulated through gerrymandering or redistricting schemes that dilute their voting strength.sa As noted earlier, gerrymandering is a term coined to describe a legislature's politically motivated redistricting and has long been used in American politics. Residents in each congressional district elect a member of Congress to represent their district area. It is expected that the congressional member will be well acquainted with the needs and makeup of his or her district area and that he or she will be best fit to serve his or her constituencies. The 1842 Apportionment Act required congressional districts to be adjacent and compact. The Act set a ratio of one member of Congress to a discrete number of residents and decreed that states be . split into congressional districts according to the number of representatives allotted to them." Throughout American history, territorial tricks have been used to bias the districts toward one party or another. Racial gerrymandering is realized through two different types of redistricting mechanisms. One form of gerrymandering, which can be referred to as "negative" racial gerrymandering, involves spreading minorities across voting districts, leaving them in too few numbers to elect preferred candidates in any district. This practice disperses a significant minority population across several districts to dilute voting strength.70 Negative gerrymandering is an example of "cracking" black voting blocks by spreading voters throughout several districts. This practice is prohibited by the VRA." 68. Voter suppression has also been realized through voter ID laws, changes to early voting, and felon disenfranchisement, among other practices. 69. Emily Barasch, The Twisted History of Gerrymandering in American Politics, ATLANTIC (Sept. 19, 2012), http://www.theatlantic.com/politics/archive/ 2012/09/the-twisted-history-of-gerrymandering-in-american-politics/262369/ #slide3. 70. CAROL SWAIN, BLACK FACES, BLACK INTERESTS: THE REPRESENTATION OF AFRICAN AMERICANS IN CONGRESS 197 (2006). 71. See Thornburg v. Gingles, 478 U.S. 30 (1986) (determining that five of six contested redistricted districts in North Carolina discriminated against blacks by diluting the power of their collective vote). 270 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 The second form of gerrymandering, referred to as "affirmative" racial gerrymandering, creates "majority -minority" districts, which enables minority populations to elect a candidate who represents their interest in office. The creation of "majority -minority" districts allows states to consider race when drawing congressional districts and is intended to remedy historical discrimination.72 The VRA allowed legislators to consider race as part of efforts to ensure that minority voting bloc preferences were not consistently negated by a larger set of white voters in a given district .7' Throughout history, parties in power have leveraged legislative map drawing to their advantage. Often, those with the power have been non -minority legislators and politicians, who dilute particular demographics to maintain their political advantage. Courts consider the goal of creating more representative legislatures a compelling state interest, that meets strict judicial scrutiny of race -based classifications .7' This form of gerrymandering was offered as a tool to combat the negative impacts of the first mechanism, vote dilution.75 In some jurisdictions, state legislators have exploited the acceptance of majority -minority districts to over -pack districts with black voters and dilute their influence elsewhere. There is a delicate balance_ . between race conscious redistricting that enables black voters to elect their preferred candidate and those schemes that are designed to dilute black political power throughout the state. Although the Fifteenth Amendment explicitly recognizes universal voting rights, protection against pernicious gerrymandering schemes has typically been covered under the Fourteenth Amendment and the VRA. A. Constitutional Approaches to Racial Gerrymandering The Fifteenth and Fourteenth Amendments provide a clear Equal Protection standard for analyzing racial gerrymandering claims. 72. Barasch, supra note 69. 73. German Lopez, The Supreme Court's Big Racial Gerrymandering Decision, Explained, VOX (May 22, 2017), https://www.vox.com/policy-and- politics/2017/5/22/15676250/supreme-court-racial-gerrymandering-north-carolina. 74. Bush v. Vera, 517 U.S. 952, 990 (O'Connor, J, concurring). 75. Kim SofTen, How Racial Gerrymandering Deprives Black People of Political Power, WASH. POST (June 9, 2016), https://www.washingtonpost.com/ news/wonk/wp/2016/06/09/how-a-widespread-practice-to-politically-empower- african-americans-might-actually-harm-themPutm_term=.d06c88b3lc 10. 20181 Gerrymandering as a Badge of Slavery 271 1. Fifteenth Amendment and Vote Dilution Gomillion v. Lightfoot was one of the earliest Supreme Court cases to address the use of.electoral districting along racial lines." The case, which rested on the Fifteenth Amendment, involved an act passed by the Alabama legislature redefining electoral boundaries for the city of Tuskegee." Districts were redrawn from a square to a twenty -eight -sided figure that essentially excluded all blacks from the city limits. 78 The central issue revolved around whether or not the redrawing violated the Fifteenth Amendment by denying citizens the right to vote on account of race, color, or previous condition of servitude.79 Justice Frankfurter, who wrote the opinion of the Court, acknowledged that when a "[sjtate exercises power wholly within the domain of state interest, it is insulated from federal judicial review.i80 In this example, the Court determined that the creation of a majority - minority district, which was originally considered a solution for "negative" gerrymandering or minority spreading, reduced minority political power from two districts to one.81 In a unanimous decision, the Court held that the Alabama legislature violated the Fifteenth Amendment because Alabama's representatives were unable to identify a countervailing municipal function other than to deprive blacks of political power.82 Subsequent vote dilution claims have been alleged through the Equal Protection Clause of the Fourteenth Amendment. 2. The Fourteenth Amendment and Racial Gerrymandering The Fourteenth Amendment prohibits two forms of gerrymandering: intentional racial vote dilution83 and racial sorting. 84 In the first form of prohibited racial gerrymandering, vote dilution, states "crack" racial groups apart between districts, causing a sufficient group of voters to be an ineffective minority in each district, 76. Gomillion v. Lightfoot, 364 U.S. 339, 346 (1960). 77. Id. at 340. 78. Id. 79. Id. at 341. 80. Id. at 347. 81. Gomillion, 364 U.S. at 341. 82. Id. 83. See Rogers v. Lodge, 458 U.S. 613, 617 (1982); City of Mobile v. Bolden, 446 U.S. 55, 66 (1980). 84. See Miller v. Johnson, 515 U.S. 900, 913-20 (1995); Shaw v. Reno, 509 U.S. 630, 649 (1993). . 272 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 or they "pack" groups into as few districts as possible so they will not influence elections in adjacent districts.85 The Supreme Court determined that both discriminatory intent and discriminatory effect are required to establish a claim of unconstitutional racial vote dilution.S6 The requirements of intent and effect establish a high bar, and under this framework cracking and packing black voting blocs are not per se unconstitutional.s' Racial sorting is also prohibited under the Fourteenth Amendment. Under these schemes, states sort citizens into districts based on race, which is undeniably a constitutionally suspect classification.88 Case law has clarified that courts apply strict scrutiny to instances of this kind of state action. The Supreme Court addressed this form of racial gerrymandering in Shaw v. Reno. 8' At issue was a North Carolina congressional reapportionment plan that created two black -majority districts, one which winded in a "snakelike fashion" through "enclaves of black neighborhoods."' The Court ruledi that although the scheme was created with the intention to secure the election of an additional black representative, the resulting district shape and size separated voters on the basis of race without sufficient justification.91 Shaw exposed the ambiguity with which courts ;have handled racial gerrymandering. Immediately following Shaw, throughout the 1990s, a series of cases refined the Court's approach to redistricting schemes through Equal Protection frameworks. For example, in Miller v. Johnson, the Court determined that redistricting schemes that use race as an 85. See Parsons, supra note 5, at 1114. 86. Bolden, 446 U.S. at 66 (plurality opinion). This requirement was confirmed in Rogers u. Lodge. See 458 U.S. 613, 617 (1982) (providing that "a showing of discriminatory intent has long been required in all types of 'equal protection cases charging racial discrimination") (emphasis added); see, also Parsons, supra note 5, at 1116. 87. Bolden, 446 U.S. at 66. 88. Johnson, 515 U.S. at 911-13 (citing Shaw, 509 U.S. at 647; Metro Broad., Inc. v. FCC, 497 U.S. 547, 636 (1990) (Kennedy, J., dissenting)); see also id. at 930 (Stevens, J., dissenting). 89. 509 U.S. 630 (1993). 90. Shaw, 509 U.S. at 635-36. 91. Id. at 649; see also Wygant v. Jackson Bd. of Educ., 476 U.S. 267, 285 (1986) (O'Connor, J., concurring) (stating that "this standard reflects the belief, apparently held by all Members of this Court, that racial classifications of any sort must be subjected to `strict scrutiny,' however defined"). 20181 Gerrymandering as a Badge of Slavery 273 "overriding and predominant force" are subject to strict scrutiny. sz Significantly, similar to Shaw, this case held that racially -motivated redistricting must be held to strict scrutiny under the Equal Protection Clause. This level of scrutiny, which applies to a state action that considers race on its face, mandates that the action will be held constitutional only if the government can identify a narrowly tailored, compelling interest that justifies race -based decision-making. 93 Fourteenth Amendment vote dilution cases can Pe distinguished from the cases discussed above. Racial gerrymandering schemes involving sorting are "analytically distinct" because suspect classification jurisprudence is used, rather than analyzing intent and effect.94 Equal Protection jurisprudence began to set the standard for racial gerrymandering cases. The Equal Protection Clause lof the Fourteenth Amendment, prohibited racial gerrymandering without "sufficient justification.n95 To challenge redistricting as racial gerrymandering, a plaintiff must first demonstrate that "race was the predominant factor motivating the legislature's decision to place) a significant number of voters within or without a particular district."ss Second, if race is proven to be a predominate factor, the burden shifts to the State to prove the race -based redistricting serves a "compelling 1.interest" and is "narrowly tailored" to that end.97 While compliance with the VRA is considered a compelling interest, this can be a very tough standard to meet." i 92. Johnson, 515 U.S. at 909, 913 (affirming the lower court's application of strict scrutiny to Georgia's redistricting plan and its holding that the plan was unconstitutional). 93. Id. at 920. 94. See Miller v. Johnson, 515 U.S. 900, 911-14 (1995); Parsons, supra note 5, at 1119. 95. Bethune -Hill v. Va. State Bd. of Elections, 137 S. Ct. 788, 797 (2017). 96. Miller, 515 U.S. at 916. Plaintiffs must show that other factors like compactness and partisan advantage were subordinated to racial considerations. Id. 97. Bethune -Hill, 137 S. Ct. at 800. 98. See, e.g., Shaw v. Hunt, 517 U.S. 899, 915 (1996) (assuming, arguendo, that intent to achieve compliance with.VRA § 2 could be a compelling interest, but finding nonetheless that this example of redistricting on the basis of race to create a majority -minority district was not sufficiently narrowly -tailored means). 274 COLUMBIA HUMAN RIGHTS LAW REVIEW B. Voting Rights Act and Racial Gerrymandering Congress determined that the Voting Rights was necessary to address racial discrimination in voting. comprehensively addresses racial gerrymandering. The Ac redistricting legislation that results in racial vote dilution of intent) or, in some jurisdictions, redistricting legislation a retrogression in minority voters' ability to elect their candidate of choice." loo Section 2 and Section 5 of the I address race -conscious gerrymanders by states. 1. VRA Section 2 and Vote Dilution The Supreme Court has interpreted the VRA to prohibit vote dilution, which can "nullify [minority voters'] ability to elect the candidate of their choice just as would prohibiting some of them from voting.s10' Section 2 of the VRA bars states from adopting redistricting legislation that "results in a denial or abridgement of the right ofl any citizen ... to vote on account of race or color.»102 The language of this statute requires states to take into consideration the potential rote dilution of minorities. The precondition and key to VRA advocacy is racially polarized voting, which has been a tradition in American democracy.103 I Regardless of a legislature's intent, a gerrymander is a violation of Section 2 if minorities have a lesser ability to elect their candidate of choice as compared to other members of the electorate.104 Thornburg v. Gingles is a landmark case addressing gerrymandering schemes and racial animus.`5 Using guidance from Section 2 of 'the VRA, the Gingles Court determined three conditions necessary, urider i 99. See, e.g., City of Rome v. United States, 446 U.S. 156, 180-82 (1980) (discussing Congress' reasoning for determining that VRA § 5 is necessary to counter years of voting discrimination). 100. Parsons, supra note 5, at 1113. 101. Allen v. State Bd. of Elections, 393 U.S. 544, 569 (1969). 102. 52 U.S.C. § 10301(a) (2012). 103. See, e.g., League of United Latin Am. Citizens v. Perry, 548 U.S. 399, 427 (2006) (noting that the district court had found "`racially polarized voting' in south and west Texas, and indeed `throughout the State'") (internal citations omitted). 104. 52 U.S.0 § 10301(b)(2012). 105. Thornburg v. Gingles, 478 U.S. 30, 49 (1986) (stating that for a redistricting scheme to constitute a § 2 violation, "a bloc voting majority must usually be able to defeat candidates supported by a politically cohesive, geographically insular minority group"). pop s 20181 Gerrymandering as a Badge of Slavery 275 the totality of circumstances, to find a violation:106 (1) a sufficiently large and geographically compact racial minority in a single -member district; (2) political cohesiveness among the minority group; and (3) a demonstration that the white majority votes in a bloc that enablesI it to defeat the minority group's preferred candidate of choice.107 This framework established that the VRA requires states to ensure minority voters have an "equal opportunity" to "elect representatives of their choice." 108 To allow minorities to elect preferred candidates, some legislators have relied on the use of majority -minority districts 1109 in regions where racial polarization in voting is stark.11' By using majority -minority districts, the states require majority factions—made up of white voters—to give up some power by electing some black officials."' It is important to note, however, that nothing in the VRA requires states to create majority -minority districts,"' and the language of Gingles references cohesive "geographically compact" minority groups."' The creation of these districts is critical to maintain the ideas and choices of minorities in the electoral process."' 2. VRA Section 5 and Retrogression Section 5 of the VRA prohibits "voting changes with any discriminatory purpose' as well as voting changes that diminish the ability of [minority] citizens ... `to elect their preferred candidates hof i 106. Id. at 50. 107. Id. at 50-51. i 108. Parsons, supra note 5, at 1120. 109. Id. (referring to districts where minority voters represent more than 50% of the voting population). j 110. Id. 111. See, e.g., Ga. State Conference NAACP v. Fayette Cty. Bd. of Comm'ss, 950 F. Supp. 2d 1294, 1312, 1316, 1322, 1326-27 (N.D. Ga. 2013) (finding that the creation of a majority -minority district was necessary to remedy a § 2 violation because racially polarized voting in at -large elections prevented Black voters from electing their preferred candidates to local boards for nearly two centuries). 112. Bartlett v. Strickland, 556 U.S. 1, 23-24 ("Our holding that § 2 does not require [the State to create] crossover districts does not consider the permissibility of such districts as a matter of legislative choice or discretion.... Much like § 5i § 2 allows States to choose their own method of complying with the Voting Rights Act, and we have said that may include drawing crossover districts."). 113. Thornburg v. Gingles, 478'U.S. 30, 50 (1986); see also Strickland, 556 U.S. at 13 (establishing numerical majority requirement). 114. Gingles, 478 U.S. at 48 (noting that the voting strength of minorities its minimized or cancelled out in districts where the majority and the minority consistently prefer different candidates). i 276 COLUMBIA HUMAN RIGHTS LAW REVIEW [4;9.2:1 i F i choice.""" Section 5 requires a number of states—all of whichi had created districts that systematically disadvantaged minority voters—to get the Department of Justice's approval of any redistricting plan."' This section focuses on changes to voting procedures, including procedures that may cause "retrogression" or "diminish 0 the abiliiy" of a minority group to "elect their preferred candidate of choice.""' In lay terms, a redistricting plan cannot disrupt a minority group's I past success in electing their candidate of choice. The use of aretrogression analysis requires district mappers to consider the race of constituents, which may be at odds with "predominant" factor analysis. Modern precedent has shifted on the constitutionality of using race as a predominant factor in drawing district lines through the VRA. One of the most prominent modern cases to address the VRA's effect on racial gerrymandering was Bush v. Vera."' Following the 1990 census, Texas planned the creation of three additional congressional districts, which were challenged as the results of rjacial gerrymandering. `9 Under strict scrutiny, the Court determined I that the proposed districts would deprive minorities of equal participation in the electoral processes, violating the VRA's "results" test prohibiting activity that "results in a denial or abridgment of the right of any citizen ... to vote on account of race or color," and "nonretrogression," which prohibits state action hampering blacks' ability to elect representatives of their choice.12' The Court's opinion is unclear, to say the least. On one hand, the Court acknowledges a jurisdiction's responsibility to be conscious of race in drawing district lines, in order to ensure that black voters are able to choose the candidate of their choice. On the other hand, the Court also acknowledges the use of racial gerrymandering as a scheme to disenfranchise minority voters. The VRA has dominated litigation on racial gerrymandering. However, recent jurisprudence has crippled the dominance! and clarity of the VRA. Section 5 of the VRA is triggered by a coverage 115. Shelby Cty. v. Holder, 133 S. Ct. 2612, 2621 (2013) (quoting the Voting Rights Act of 1965, 42 U.S.C. §§ 1973(b), (d) (2012) (now codified as amendedlat 52 U.S.C. § 10304 (2012)). 116. Id. at 2620. i 117. Voting Rights Act of 1965, codified as amended at 52 U.S.C. §§ 10304(b),(d) (2017); see Ala. Legislative Black Caucus v. Alabama, 135 S. Ct. 1257, 1287 (2015) (discussing the means by which a district could choose to dilute minority votes using districting before the 2006 amendments to 52 U.S.C. § 10304(b)). 118. 517 U.S. 952 (1996). 119. Id. 120. Id. at 976-77, 983. 20181 Gerrymandering as a Badge of Slavery formula in a preceding Section. 121 In 2013 the Supreme Court ruled t coverage formula used in Section 4 of the Act void, renderi Section 5 powerless. 12' As a consequence, states with a history of voti procedures that disenfranchise black voters are no longer subject Section 5's scrutiny, and can more easily avoid the VRA's mandate ensure nonretrogression. At the time the VRA was enacted, less than one hundi African Americans held any public office across the country. While t major strides the VRA has achieved should be acknowledged a celebrated, more recent legislative backsliding has undermined t VRA's promise of political empowerment. With sections of the V] crippled, voting rights have been at risk from discriminatc redistricting schemes and a wave of ALEC-sponsored vo suppression laws, which have had disproportionate impact on blE voters. 123 C. Current Status of Supreme Court Jurisprudence Surroundings Racial Gerrymandering In December 2016, two Supreme Court cases considered the constitutionality of race in redistricting schemes. With the invalidation of Section 5 of the Voting Rights Act, the rulings in these cases provided major insight into the future of racial gerrymandering. 121. Under § 5, states covered under § 4 seeking to enact or administer "any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting" must first have those changes precleared by the Department of Justice (or obtain a declaratory judgment from the United States District Court for the District of Columbia) before they can be implemented. 52 U.S.C. § 10304(a) (2014). 122. See Shelby Cty., 133 S. Ct. at 2630-31 (striking down the coverage formula in § 4). I 123. See e.g., Ari Berman, The GOP's Attack on Voting Rights Was the Most Under -Covered Story of 2016, NATION (Nov. 9, 2016), https://www.thenation.cor6/ article/the-gops-attack-on-voting-rights-was-the-most-under-covered-story-of- 1 2016/ (examining discriminatory voting practices' effects on the 2016 presidential election); Scott Keyes et al., Voter Suppression 101: How Conservatives Are Conspiring to Disenfranchise Millions of Americans, CTR. FOR AM. PROGRESS (Apr. 4, 2012), https://www.americanprogress.org/issues/democracy/reports/2012/ 04/04/11380/voter-suppression-101/; John Nichols, ALEC Exposed: Rigging Elections, NATION (July 12, 2011), https://www.thenation.com/article/alee-exposed- rigging-elections/; see also Restore the Voting Rights Act, BRENNAN CTR. FOR JUST. (Feb. 4, 2016), https://www.breanancenter.org/analysis/restore-voting-rights-act (discussing the frequency with which discriminatory voting changes were blocked in the years leading up to Shelby County and how states rushed to implement such voting changes after § 4 was struck down). 278 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 One case, Bethune -Hill v. Virginia Board of Elections, began in Virginia, a state formerly subject to Section 5 of the VRA.124 It involved the Virginia General Assembly's redrawing of the legislative districts for the Virginia Legislature. In December of 2014, plaintiffs returned to Fourteenth Amendment assertions, alleging that the redistricting plan's twelve majority -minority districts violated the Equal Protection Clause."' The district court held that in the creation of eleven of the twelve districts, the plaintiffs did not establish that race was a predominant factor. Regarding the twelfth district, the district court held that even though the plaintiffs did prove that race was a predominant factor in the Assembly's choice to create it, the government had a compelling interest for weighing it so heavily. 12s In March of 2017, the Supreme Court held that the lower court did not utilize the correct standard in determining whether or not race was a predominant factor in the, drawing of the disputed districts. The case was remanded back to the lower courts. 121 As recently as May of 2017, the Supreme Court handed down a decision that provided more guidance on racial gerrymandering claims. The Court determined that congressional districts drawn in North Carolina were unconstitutionally racially motivated in Cooper u. Harris. 128 Here, two districts in North Carolina were subject to the Court's scrutiny. After the 2010 census, Republican lawmakers redrew congressional district maps to add more black voters to the contested districts. 12' For one district, the state acknowledged that it had taken race into account but argued that the addition of black voters in the district was to uphold minority political power, a goal consistent with the VRA.1" For the second disputed district, the state argued that race was not a predominant factor in drawing district lines; rather, partisan affiliation was the main consideration.13' Despite the stat e's I 124. Bethune -Hill v. Va. State Bd. of Elections, 141 F. Supp. 3d 505,611 (E.D. Va. 2015) (noting that Virginia had been a covered jurisdiction under §4 of the VRA and was therefore subject to the requirements of § 5); see also Voting Rights Act of 1965, Pub. L. No. 89-110, § 5, 79 Stat. 437, 439 (1965) (codified as amended at 52 U.S.C. § 10304(a)). 125. Bethune -Hill, 141 F. Supp. 3d. at 512. 126. Id. at 510-11. 127. Id. at 793. 128. Cooper v. Harris, 137 S. Ct. 1455, 1460 (2017). 129. Id. at 1459. 130. Id. at 1460. 131. Id. at 1476. Stricter legal standards apply to race -based rather than partisan gerrymandering. For racial gerrymandering, courts will undertake a fact - intensive analysis to determine the legislature's intent, directing its focus at "whether the plaintiffs have managed to disentangle race from politics and prove =0 20181 Gerrymandering as a Badge of Slavery 279 arguments, the use of race trigged strict scrutiny, requiring it to prove a compelling interest for the use of race. The district court agreed with plaintiffs' claims that race was a predominant factor in motivating North Carolina's redistricting schemes. Because the state could riot convey a compelling interest, the scheme violated the Equal Protection Clause."' Relying on the Fourteenth Amendment, the Court concluded that the North Carolina state legislature violated the Equal Protection Clause by using racial classifications without a "sufficient justification" for doing so.133 Both of these cases send a powerful message to state legislators that have threatened or thought of manipulating well-meaning majority -minority standards to disenfranchise minority communities. Black voters cannot be used as pawns in legislative map drawing to gain political advantage. D. Impact of Discriminatory Racial Gerrymandering One may argue that with the decline of segregation and overt racism, and a rise in African-Americans' education levels, political interests of blacks and whites should increasingly turn on factors other than race. This arguably means that "as a result, fewer minority voters are required for a district to elect their favored candidate.i134 In a 2002 study by Richard Pildes of New York University School of Law, the author researched racially polarized voting patterns usinga combination of social -scientific evidence and case studies of the legal compulsion of minority election districts by the VRA. Pildes found that after the passage of the VRA, and into the 1980s, black voters needed a greater than 50% share of the district's total population in order to effectively elect their preferred candidate. 135 Next, he analyzed the that the former drove a district's lines." Id. at 1473 (quoting Hunt v. Cromartie, 526 U.S. 541, 546 (1999)); see also Bush v. Vera, 517 U.S. 952, 968 (1996) (plurality opinion) (stating that political gerrymandering is constitutional while racial gerrymandering is suspect); Miller v. Johnson, 515 U.S. 900, 914 (1095) (differentiating party -based redistricting from race -based redistricting, with the implication that party -based redistricting was acceptable); id. at 1473 n.7 ( The sorting of voters on the grounds of their race remains suspect even if race is meant to function as a proxy for other (including political) characteristics."). 132. Harris v. McCrory, 159 F. Supp. 3d 600,627 (M.D.N.C. 2016). 133. Cooper, 137 S. Ct. at 1481-82. 134. Soffen, supra note 75. 135. Richard H. Pildes, Is Voting -Rights Law Now at War with Itself? Social Science and Voting Rights in the 2000s, 80 N.C. L. REV. 1517, 1527 (2002) (finding that at the extreme, some commentators and courts suggested that the total black population in a district had to reach 65% to overcome racial bloc voting patterns). =;6 1, 280 COLUMBIA HUMAN RIGHTS LAW REVIEW racial patterns of voting in the early 2000s, finding that the race of voters still correlates with race of candidates, but to a lesser degree than it did before the VRA. More recent studies allege that optimal minority district makeup can be as low as 35%.136 While this social - scientific work demonstrates undeniable progress when it comes to racially polarized voting, there is still recognition of polarized voting and underrepresentation of minority communities.13' Data even shows that in some areas, the extent of racial polarization in presidential elections has increased over the past decade, including information from the 2016 presidential election. 131 The use of blunt demographics like race to draw district, lines that are not geographically concise and compact in racially polarized jurisdictions may have some major effects on the political power of those manipulated. Justin Levitt analyzes the use and negative impact of racial gerrymandering in seven states that have historically had racially polarized voting: Alabama, California, Florida, North Carolina, South Carolina, Texas, and Virginia. States unnecessarily over -pack minority districts creating a detrimental policy impact that concentrates minority political power to a single district, so the demographics cannot influence other districts. The study also showed an under -concentration of real minority political power, so individuals At least until the 1990s, the paper found that (1) voting was pervasively and substantially polarized along racial lines; (2) black -majority electorates were therefore required to enable black voters to overcome racial bloc voting; (3) black political participation, even among eligible voters, was lower than among white voters, and that it was appropriate, indeed, required, for the law to take these differences into account; and (4) as a result, where voting was in fact racially polarized, election districts must have majority -black populations, roughly around 55%, to be "safe" havens for the overcoming of racial bloc voting. See also Charles S. Bullock, III & Richard E. Dunn, The Demise of Racial Districting and the Future of Black Representation, 48 EMORY L.J. 1209, 1212-14 (1999) (citing the "sixty -five percent rule" to describe the percentage of African American voters traditionally needed to maintain an equal opportunity to participate). 1 136. Joe Mitchell, Breaking Out of the Mold: Minority -Majority Districts and the Sustenance of White Privilege, 42 WASH. U. J.L. & POLY 235, 251 n. 134 x(2013) (stating that in other states, optimal percentages range from 35 percent to greater than 46 percent and that districts where more whites are willing to vote for �a non- white candidate require smaller non-white populations). 137. Bartlett v. Strickland, 556 U.S. 1, 25 (2009) (Kennedy, J.) (plurality opinion). 1 138. See Stephen Ansolabehere, Nathaniel Persily & Charles Stewart III, Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act, 126 HARv. L. REV. F. 205, 210, 218 (2013). I I I i I M 20181 Gerrymandering as a Badge of Slavery 281 cannot elect their candidate of choice, as required by the VRA.139 These schemes are not consistent with the intent of the tailored and nuanced structure of the VRA. Levitt notes that this trend goes beyond these states, describing the use of these mechanisms as sufficiently prevalent to be a "worrisome" indication of a "profound and pernicious racial essentialism."14o Other researchers have realized this disturbing trend, describing racially gerrymandered districts in North Carolina that resemble a "squid" used to reach exclusively black neighborhoods and segregate white voters, in order to illuminate widespread influence of communities of color. 141 A 2011 complaint from advocacy groupsi in North Carolina described these schemes as an "intentional and cynical use of race that exceeds what is required to ensure fairness Ito previously disenfranchised racial minority voters.""' Some claim that the use of racial gerrymandering may be utilized as a tool to both diminish the ability of black voters to influence elections and segregate the political thicket, deepening white Republican legislative control over key social issues. 143 This sort! of systematic minimization and compartmentalization of the black electorate is widespread, especially in the South, as the cases discussed below indicate.'" 139. Justin Levitt, Quick and Dirty: The New Misreading of the Voting Rights Act, 43 FLA. ST. U.L. REv. 573, 576 (2016). ' 140. Id. at 573, 605. 141. Ari Berman, How the GOP is Resegregating the South, NATION (Jan. `31, 2012), https://www.thenation.com/article/how-gop-resegregating-south/. 142. Amended Complaint at 2, N.C. State Conference of Branches of the NAACP v. North Carolina, No. 11CVS16896 (N.C. Super. Dec. 9, 2011). 143. See Berman, supra note 141 (explaining that in virtually every state in the South, at the Congressional and state level, Republicans—to protect and expand their gains in 2010—have increased the number of minority votersl in majority -minority districts represented overwhelmingly by black Democrats while diluting the minority vote in swing or crossover districts held by white Democrats). According to one prominent lawyer in the region, "[t]he bigger picture isi to ultimately make the Democratic Party in the South be represented only by people of color." Id. Berman summarizes, "[t]he GOP's long-term goal is to enshrine a system of racially polarized voting that will make it harder for Democrats to win races on local, state, federal and presidential levels." Id.; see also Heddy Nam, Vote 2012: Racial Gerrymandering Resegregates the U.S. South, OPEN SOC'Y FOUNDS. (Feb. 15, 2012), httpsJ/www.opensocietyfoundations.org/voices/vote-2012-racial- gerrymandering-resegregates-us-south. 144. See generally Cooper v. Harris, 137 S. Ct. 1455 (2017) (affirming the district court's finding of racial gerrymanders in violation of the Equal Protection Clause of the Fourteenth Amendment in an action brought by registered voters challenging the redistricting of two North Carolina congressional districts); Ala. Legislative Black Caucus v. Alabama, 135 S. Ct. 1257 (2015) (vacating judgments 282 . COLUMBIA HUMAN RIGHTS LAW REVIEW (49.2:1 The technical ease of racial gerrymandering today has ionly expedited these effects. Today, computer programs are readily available and comprehensive demographic information allows legislative mappers to easily "add voters of one selected race Ito a district and . to subtract voters of other races.""' The accessibility of racial gerrymandering makes its impact even more palpable. Racial gerrymandering that discriminates against black voters is particularly constitutionally troublesome because it sits at the intersection of the most suspect classification, race, and the most supreme political right, the right to vote." Another of racial gerrymandering's impact can be illustrated in North Carolina from 2010 to 2014. North Carolina has a history of racially polarized voting. In 2010, the Republican Party had a dramatic win in North Carolina, gaining responsibility for drawing new district lines for North Carolina's congressional delegation following the 2010 census. 141 In 2008, when the Democrats won the statewide vote, Democrats won eight of the thirteen seats. 14 In 2010, before the legislature's racial gerrymander, Democrats won seven seats in favor of Alabama and remanding separate cases brought by black political caucus, political party, office holders, and county commissioners of Alabama against Alabama and various state officials alleging racial gerrymandering in redistricting plans for Alabama's Senate and House of Representatives); Dickson v. Rucho, 766 S.E.2d 238 (2014), cert. granted, judgment vacated, 135 S. Ct. 11843 (2015) (affirming a ruling in favor of members of the General Assembly in an action brought by registered voters alleging that redistricting plans for the North Carolina Senate and House of Representatives were unconstitutional and in violation of federal statutes). 1 145. Michael Kent Curtis, Using the Voting Rights Act to Discriminate: North Carolina's Use of Racial Gerrymanders, Two Racial Quotas, Safe Har bors, Shields, and Inoculations to Undermine Multiracial Coalitions and Black Political Power, 51 WAKE FOREST L. REV. 421, 435 (2016); see also Christopher Ingraham, This Computer Programmer Solved Gerrymandering in His Spare Time, WASH. POST: WONKBLOG (June 3, 2014), http://www.washingtonpost.com/news/wonkblog/ time/ (explaining the utility of computer programming for redistricting). i 146. Brief for NAACP Legal Defense & Educational Fund, Inc. as Amicus Curiae Supporting Petitioners, Ala. Legislative Black Caucus v. Alabama, 4, 135 S. Ct. 1257 (2015) (quoting Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886)). 147. See FED. ELECTION COMM'N, FEDERAL ELECTIONS 2010 10, 12 (2011), http://www.fec.gov/pubrec/fe2010/federalelections2010.pdf; see also Jane Mayer, State for Sale, NEW YORKER, (Oct. 10, 2011), http://www.newyorker.com/maga,zine/ 2011/10/10/state-for-sale (describing well -funded and successful Republican efforts to make gains in the North Carolina 2010 elections). 148. Curtis, supra note 145, at 434; see Official Results, 2008 General Election, N.C. STATE BD. OF ELECTIONS, http://results.enr.clarityelections'com/ NC/7937/21334/en/summary.html (last updated Mar. 17, 2010 10:59:05 AM). 20181 Gerrymandering as a Badge of Slavery 283 and Republicans won six.14' The 2012 and 2014 congressional elections took place after the Republicans had redistricted the state.150 In 2012, although Democrats won nearly 51% of the popular vote, Republicans won nine of thirteen congressional seats.161 In 2014, the Republicans won with fifty-five percent of the vote and ten of thirteen seats in North Carolina.15' Although racial gerrymandering was not the only reason for this dramatic shift, the use of racial quotas was an important factor. 153 The manipulation of black voters was so egregious that) a group including black and white legislators, citizens, and the National Association for the Advancement of Colored People (NAACP) of North Carolina sued. 114 149. Curtis, supra note 145, at 434; see Official Results, General Election, November 2, 2010, N.C. STATE BD. OF ELECTIONS, http://results.enr. clarityelections.com/NC/22580/41687/en/summary.html (last updated Dec. 20, 2010, 9:25:08 AM). 150. Gary D. Robertson, North Carolina Justices Ponder 2011 Redistricting Again, CITIZEN -TIMES (Aug. 31, 2015), http://www.citizen-times.com/story/ news/politics/2015/O8/31/north-caroling justices -ponder -2011 -redistricting -again/ 71489038/ ("The North Carolina maps were used in the 2012 and 2014 elections, helping Republicans expand their political control of the state into veto -proof majorities at the legislature and holding 10 of the 13 seats in the state's congressional delegation."). 151. Curtis, supra note 145, at 435; see Official Results, November 6, 2012 General Election, N.C. STATE BD. OF ELECTIONS, http://results.enr. clarityelections.com/NC/42923/123365/Web01/en/summary.html (last updated Nov. 18, 2013, 12:13:54 PM). 152. Curtis, supra note 145, at 435; see 1110412014 Official General Election Results - Statewide, N.C. STATE BD. OF ELECTIONS, http://er.ncsbe.gov/?election_dt=11/04/2014&county_id=0&office=FED&contest=0 (last visited Nov. 8, 2017). In 2014, the Republican candidate for congressional District 9 ran unopposed. Id. If this election is not included in the statewide total, Republicans won 53% of the congressional statewide vote while Democrats won 47%. 153. Curtis, supra note 145, at 435-36. 154. Id. at 437. The Supreme Court of North Carolina originally held that race was not a predominant factor in the redistricting scheme and that the state had a compelling interest. Later, the original judgment was vacated, and the case was remanded for further consideration in light ofAla. Legislative Black Caucus'v. Alabama, 135 S. Ct. 1257 (2015). On remand, the Supreme Court of North Carolina held that the compelling state interest and narrow tailoring indicated no racial gerrymandering in violation of equal protection. In Dickson II, the case was remanded to the Supreme Court of North Carolina for further consideration in light of Cooper v. Harris, 137 S. Ct. 1455 (2017). Dickson v. Rucho (Dickson I), 766 S.E.2d 238, 242 (N.C. 2014), cert. granted, judgment vacated, 135 S. Ct. 1843 (2015); Dickson v. Rucho (Dickson Il), 781 S.E.2d 404 (N.C. 2015), opinion modified on denial of rehg, 789 S.E.2d 436 (2016), cert. granted, judgment vacated, 137 S. Ct. 2186 (2017). 284 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 Similar insidious mechanisms of gerrymandering black voters have been seen recently in Alabama, which also has a history of racially polarized voting. After the 2010 congressional election, Alabaman Republican legislators packed more black voters than necessary 155 into districts with existing black supermajorities, diminishing black political power. 15' African Americans in the state claimed that Alabama's redistricting policy overpacked majority -minority districts and dismantled districts where blacks, even though they were not the majority, had built coalitions with white voters.15' In a suit filed by the Alabama Legislative Black Caucus, the Supreme Court observed that Alabama needed a strong basis for race -based packing of its majority - minority districts. The Court took notice of the irregular shape of a supermajority black district, which was the result of a scheme used to pack several pre-existing black districts."' While the court remanded this case, it highlights how racial gerrymandering can be used to jlimit or exclude black voters under the guise of VRA compliance. Political exclusion of black voters through racial gerrymandering can also be viewed through the redistricting schemes in Mississippi. In 2012, the state used redistricting schemes to create four new decisively black districts. While this scheme may have resulted in the election of new black state legislators, it, also eliminated incumbent challenges in Mississippi districts that, had closely contested elections in the previous year."' This sort of strategic redistricting maintains the domination of legislators who I are unconcerned with the interests of black voters—voters who are not in these legislators' districts and do not have the potential to control Congress. Creating majority -minority districts significantly above the appropriate threshold excludes black voices in the political process through deprivation and dilution. As discussed earlier, district lines should be consistent and continuous as imagined in the original conception of districting 155. See Ala. Legislative Black Caucus, 135 S. Ct. at 1263 (stating that "[a] gerrymander [occurs] ... when the State adds more minority voters than needed for a minority group to elect a candidate of its choice"). 1 156. Id. at 1263, 1282 (Thomas, J., dissenting); Curtis, supra note 145, at 455. 157. Michael Li, Racial Gerrymandering Returns to the Supreme Court, BRENNAN CTR. FOR JUST. (Dec. 12, 2014), https://www.brennancenter.org/blog/ racial -gerrymandering -returns -supreme -court. 158. Ala. Legislative Black Caucus, 135 S. Ct. at 1271, 1274. 159. Thomas B. Edsall, The Decline of Black Power in the South, N.Y. TIMES: OPINIONATOR (July 10, 2013, 9:34 PM), http://opinionator.blogs.nytimes.com/2013/ 07/10/the-decline-of-black-power-in-the-south/. Seo -n i 20181 Gerrymandering as a Badge of Slavery i85 I schemes, with exceptions made only to allow disenfranchised voters to elect their candidate of choice. An attempt to move or manipulate black voters, whether by spreading or by packing them into particular district lines that are not geographically concise and natural, should be deemed presumptively suspicious and assessed as an attempt, to dilute black influence and exclude black voters from the political process. Racial gerrymanders accomplished by creating non -compact and non-contiguous districts may be a red flag, as they are not consistent with the language used in Shaw.`` Moreover, given the defective status of Section 5 of the VRA and the high procedural bar to raise a Fourteenth Amendment claim, the VRA and the Equal Protection Clause provide limited protection from racial gerrymandering schemes. The natural boundaries of the VRA's majority -minority districts have often been construed as unnatural schemes. State legislators have been strategic to suggest that their redistricting schemes merely dilute the clout of their political opponents. Republican legislators claim that district drawing that creates dramatic shifts in black voters' districts is a shuffling of Democrats, rather than blacks, which is not unconstitutional. However, this explanation is tenuous. Black voters should not be used as fungible tokens to further the political motives of a particular party. Gerrymandering schemes that were originally meant to enable minorities to elect their candidate of choice have been used to dilute the influence of the black electorate and do not support the ideal of fair representation. Racial discrimination in voting is a grave constitutional injury because it involves the most suspect classification—race—and the right to vote the right "preservative of all rights." "' Perhaps a different framework of legal analysis will allow for sturdier challenges to redistricting schemes that have dramatic and negative effects on black voters and their communities. The manipulation of black voters is a deprivation of the fundamental right to vote of black Americans, but it also constitutes a status designation, which is strictly prohibited as a badge of slavery under the Thirteenth Amendment.16' I i 160. Bruce E. Cain & Emily R. Zhang, Blurred Lines: Conjoined Polarization and Voting Rights, 77 OHIO ST. L.J. 867, 887 (2016). 161. Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). 162. Zaman, supra note 18, at 256. 8 6c) 13 286 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 III. DEFINING RACIAL GERRYMANDERING AS A BADGE OF SLAVERY Thirteenth Amendment litigation prohibits all forms of slavery."' A deprivation of the political power of blacks, as realized through some forms of racial gerrymandering, is a badge and incident of slavery. The Thirteenth Amendment has not been used in the context of voting rights up until now. When the Amendment was passed, current and former slaves were denied the opportunity to vote. Framers of the Amendment did not solidify consistent messaging on black citizenship, but the Fourteenth and Fifteenth Amendments can further illuminate the Thirteenth Amendment's content and limits. The passage of these subsequent Amendments explicitly provided for and protected voting rights for black Americans. The Fourteenth Amendment provided equal protection under the law and the Fifteenth Amendment affirmed that the right to vote "shall not be denied ..-. on account of race."164 . Although citizenship and voting rights were not guaranteed to black residents at the time of the Thirteenth Amendment's passage, now that voting is within its broad scope of protections, the amendment should be available to protect against vestiges of slavery that may appear in the political arena. Supreme Court jurisprudence has also made it clear that, unlike the Fourteenth Amendment, the Thirteenth Amendment is not limited to instances of intentional or purposeful discrimination. 165 Moreover, the effects of racial gerrymandering are not merely a voting rights issue. The severe limitations to which this scheme subjects a protected class of individuals represents a discriminatory system that can be equated to a badge of slavery. The framers of the Thirteenth Amendment wanted to end slavery itself and "to act so as to obliterate the last vestiges of slavery in America.""' Additionally, the Court has interpreted Section 2 of the Amendment to "authorizep Congress not only to outlaw all forms of slavery and involuntary servitude but also to eradicate the last 163. Slaughter -House Cases, 83 U.S. 36, 72 (1872). 164. See U.S. CONST. amends. XIV, XV. 165. See, e.g., Washington v. Davis, 426 U.S. 229, 248 (1976) (holding that the Equal Protection Clause is only violated by intentional discrimination); see also City of Memphis v. Greene, 451 U.S. 100, 128-29 (1981) (stating that "to decide the narrow constitutional question presented by this record we need not speculate about the sort of impact on a racial group that might be prohibited by [the Thirteenth Amendment] itself. We merely hold that the impact [in this case] ... does not reflect a violation of the Thirteenth."). 166. Carter, Race, Rights, and the Thirteenth Amendment, supra note 10, at 1332. 20181 Gerrymandering as a Badge of Slavery 287 vestiges and incidents of a society half slave and half free."167 To analyze the framework of the Thirteenth Amendment, it would seem obvious to focus on exercises of congressional power under Section 2. However, there are very few Congressional actions promulgated through the Thirteenth Amendment. Existing legal scholarship and principles from federal case law provide a reasonable standard for analyzing civil rights -based complaints through the Thirteenth Amendment.l68 The fulfillment of this authorization and the determination of whether or not a practice or institution is a badge or incident of slavery involves a two -prong analysis. Some scholars have recognized that a Thirteenth Amendment badge of slavery must: (1) be conduct with a cognizable link to the institution of slavery; and (2) "pose a risk of causing the renewed legal subjugation of the targeted class.""' Application of :the badges and incidents of slavery framework to an institution should involve a targeted class, a "concrete connection" to the slave system, and discriminatory animus.17' Not everything that has a connection to slavery or that is discriminatory in nature constitutes a badge of slavery. Each prong must be fulfilled and does not require a showing of discriminatory intent. To make a reasonable argument that racial gerrymandering is, in fact, a badge of slavery, there should be a historical link to the institution of slavery and modern marginalization. A. Prong One: Racial Gerrymandering and Its Historical Link to the Institution of Slavery The first prong of the analysis involves a link between the conduct and the institution of slavery. The earliest conceptions of slavery defined the institution as a "status or condition over who[m] 167. Jones v. Alfred H. Mayer Co., 392 U.S. 409, 411(1968). 168. See Lauren Kares, The Unlucky Thirteenth: A Constitutional Amendment in Search of a Doctrine, 80 CORNELL L. REV. 372 (1995) (concluding that the best understanding of Thirteenth Amendment jurisprudence on badges and incidents of slavery applies to both public or widespread private action aimed at any racial group or population that has previously been held in slavery or servitude, that mimics the law of slavery, and has significant potential to lead to the de facto re -enslavement or legal subjugation of the targeted group). 169. McAward, supra note 18, at 622; see Zaman, supra note 18, at 256.: 170. Carter, Race, Rights, and the Thirteenth Amendment, supra note 10, at 1362, 1366; see also Westberry v. Gilman Paper Co., 507 F.2d 206, 210 (5th Cir. 1975) (noting, in construing the scope of § 1985(3), that "[t]he aim of ,the [Thirteenth] amendment is to provide protection for racial groups which have historically been oppressed"). M 288 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 any or all of the powers attached to the right of ownership are exercised.""' American slaves did not wear actual badges, but rather people with particular phenotypical characteristics were subject to physical and social violence and oppression. Some scholars ! have characterized slavery as an extreme lack of control over one's work, including a lack of voice over one's conditions.17' To satisfy this first prong, racial gerrymandering must be linked to involuntary servlitude of a historically marginalized group of people. Nelson provides some insight as to what may be considered a link to slavery. The injury in Nelson involved violence for the purpose of intimidation against a definable and historically despised minority group.17' Violence and intimidation of a group as determined in the first prong has historical roots in the slave system. Alternatively, in Hodges, the Supreme Court determined that the denial of the right to work is not unique to slavery."' Congressional considerations on iwhat actions are linked to slavery are clarified by the provisions enacted through the Thirteenth Amendment. The 1866 Civil Rights Act prohibits race discrimination in making and enforcing contracts; `5 the anti-blockbusting section of the Fair Housing Act (1968) prohibits realtors from using race -based rumors to intimidate sellers;"' the !Hate Crimes Act (1968) prohibits interference in "federally prosecuted activities" (like assault) on the basis of race;"' and the X1871 Enforcement Act creates civil and criminal penalties for conspiring to deprive a person of any privilege or right of a citizen of the 171. Convention to Suppress the Slave Trade and Slavery art. 1, Sept. 25, 1926, 60 L.N.T.S. 254. 172. Andrew E. Taslitz, The Slave Power Undead: Criminal Justice Successes and Failures of The Thirteenth Amendment, in THE PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT 245, 251 (Alexander Tsesis ed., 2010). 173. Carter, Race, Rights, and the Thirteenth Amendment, supra note 110, at 1367 (discussing the use of such private violence by slave masters to maintain control over enslaved persons and the continued use of such violence after slavery's abolition to prevent freedmen from exercising their legal freedom in meaningful ways) (referencing United States v. Nelson, 277 F.3d 164, 189-90 (2d Cu. 2002)); see also Nelson, 277 F.3d at 189-90. 174. George Rutherglen, The Badges and Incidents of Slavery and the Power of Congress to Enforce the Thirteenth Amendment, in THE PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT 163, 175 (Alexander Tsesis ed., 2010) (noting that Hodges was overruled by Jones, which means that the Thirteenth Amendment bars private discrimination). 175. 42 U.S.C. §1981 (2012); 42 U.S.C. § 1982 (2012). 176. 42 U.S.C. H 3601-19 (2012). 177. 18 U.S.C. § 245(b)(2) (2012). 010 20181 Gerrymandering as a Badge of Slavery 289 United States. `8 The constitutionality of each of these Acts rests on the prohibited actions' and institutions' concrete connection to slavery."' The previous section of this Note discusses ways in which racial gerrymandering dilutes and excludes the influence of the black voter. Reduction and, more often, denials of the black vote were utilized during slavery and into the twentieth century to exclude blacks from the political system. Representation was not an option for black voters. Slaves and their descendants lacked their most basic of political rights throughout the majority of American history. The specific act of re -drawing district lines to disenfranchise black voters can be linked to the institution of slavery as well. Even after voting rights were guaranteed for all, immediately following the VRA's enactment, many southern jurisdictions created mechanisms to limit the new surge of black votes and maintain white supremacy. Including reconfiguring legislative districts and replacing geographic districts with at -large voting.lso This nation has a long history of racial discrimination in voting. Calculated attempts to suppress and deny the black vote, especially through the use of district mapping, is a modern practice connected to the institution of slavery and its vestiges. 178. See 18 U.S.0 § 242 (2012); 42 U.S.C. § 1985 (2012); Rebecca E. Zietlow, The Promise of Congressional Enforcement, in THE PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT 182, 185 (Alexander Tsesis ed., 2010). 179. See, e.g., Nelson, 277 F.3d at 190 (reasoning that there were "indubitable connections" between slavery and racially motivated attacks against any race of persons using public facilities); Williams v. City of New Orleans, 729 F.2d 1554, 1579 (5th Cir. 1984) (Wisdom, J., concurring in part and dissenting in part) ("Under the Jones v. Mayer rationale, current forms of racial discrimination are badges of slavery that may be proscribed under the thirteenth amendment if they are historically linked with slavery or involuntary servitude."); Carter, supra note 10, at 1366 (arguing that a badge of slavery exists where there is a "connection between the class to which the plaintiff belongs and the institution of chattel slavery"); McAward, supra. note 18, at 622 (claiming that conduct considered a badge of slavery must be linked to a historical incident of slavery). 180. Abigail Thernstrom, Redistricting, Race, and the Voting Rights Act, AMER. ENTER. INST. (Apr. 6, 2010), http://www.aei.org/publication/redistricting- race-and-the-voting-rights-act/. rig 290 COLUMBIA HUMAN RIGHTS LAW REVIEW 149.2:1 B. Prong Two: Renewed Subjugation of a Targeted Class 1. Racial Gerrymandering Applies. to a Protected To fulfill the second prong, there must be proof that the policy affects a protected class. The language of the Thirteenth Amendment prohibits slavery and involuntary servitude, but it does not distinguish a particular race or ethnicity. The Court has interpreted the protections of the Thirteenth Amendment broadly, to reach beyond the population of just freemen.781 In Saint Frances College v. Al-Khazraji, the Court pointed out that at the time the Reconstruction Amendments were drafted, there were more racial classifications in existence than today. Someone who may presently be considered Caucasian may not have necessarily been considered so at the time, and they could jbring a discrimination claim under the Civil Rights Act of 1866.182 Therefore the protection of Thirteenth Amendment legislation is expansive. Regarding racial gerrymandering, such expansive terms as to what constitutes a protected class are not necessary.! The predominate class of people affected by racial gerrymandering schemes are black, whose ancestors were also subjected to slavery and involuntary servitude at the time of the Amendment's drafting. The individuals most often subject to—and manipulated through—racial gerrymandering schemes are the exact individuals (freedmen) that were envisioned as beneficiaries of the Thirteenth Amendment's protections. 2. Racial Gerrymandering Causes Renewed Subjugation Fulfillment of the second prong also relies on an illustration of disparate impact. In context of the Thirteenth Amendment, this subjugation entails more than just chattel slavery."' This sort of expansive definition incorporates de jure slavery, where a person physically owns another, as well as de facto slavery, where unequal power relationships, rather than physical ownership, constrain individuals' rights.184 The conception can encompass "social 181. Zietlow, supra note 178, at 188. 182. Saint Francis College v. Al-Rhazraji, 481 U.S. 604, 610-13 (1987); see Zietlow, supra note 178, at 188. 183. See generally Alexander Tsesis, A Civil Rights Approach: Achieving Revolutionary Abolitionism Through the Thirteenth Amendment, 39 U.C. DAV1s L. REV. 1773, 1778-1819 (2006) (discussing how revolutionary and abolitionist ideology influenced the Framers of the Thirteenth Amendment). 184. Zaman, supra note 18, at 260. ii i 20181 Gerrymandering as a Badge of Slavery 291 and civil dominations that impede self-rule and self -sustainability. -las The definition that is relevant to this analysis is the anti -subordination component. Slavery and its legacy involve exploitative actions that limit the social, economic, and political capabilities of freedmen and their descendants. This designation relies on the supremacy of one race and the manipulation of another. Gerrymandering is a widespread tactic used to game the political system. One way in which discriminatory systems of racial gerrymandering cause renewed subjugation is by unnecessarily diluting or packing black voters' political preferences. For example, North Carolina has carried out a series of exploitative gerrymandering uses on the basis of race. Last year, district courts ruled against gerrymandering practices used in the state for congressional districts, as well as State House and Senate redistricting plans."' This year, ithe Supreme Court supported those rulings. In both cases, voting districts were drawn withrace as a predominant factor in attempts to dilute the political power of black voters, not to enable voters to elect their candidate of choice. In the predecessor of Cooper, Harris V. McCrory, the Court discusses the reality that for several decades the targeted districts had already successfully elected black lawmakers, as jthe electorate in those districts consisted of a sufficient number of black voters to realize that population's electoral preferences. 187 With this fact in mind, the Court reasoned that packing a minority district unnecessarily beyond 50 percent was a guise used to limit the population's voting power. One of the seated judges went as far a's to say that, "unfettered gerrymandering is negatively impacting ,'our republican form of government."" Similar cases in Alabama, Virginia, and other parts of the country have scrutinized the used, of gerrymandering schemes to pack minority voters in a minimum 185. Alexander Tsesis, Into the Light of Day: Relevance of the Thirteenth Amendment to Contemporary Law, 112 COLUM. L. REV. 1447, 1452 (2012). 186. See Harris v. McCrory, 159 F. Supp. 3d 600, 604 (M.D.N.C. 2016), affd sub nom, Cooper v. Harris, 137 S. Ct. 1455 (2017) (involving an action brought by voters challenging the constitutionality of two North Carolina congressional districts as racial gerrymanders in violation of the Equal Protection Clause of the Fourteenth Amendment); see also •Covington v. North Carolina, 316 F.R.D 117 (M.D.N.C. 2016), U.S. S. Ct. appeal filed (Nov. 14, 2016) (involving registered voters in North Carolina challenging 28 majority -black districts in North Carolina's State House and Senate redistricting plans as racial gerrymanders in violation of Equal Protection Clause). 187. McCrory, 159 F. Supp. 3d at 606. 188. Id. at 628 (Cogburn, J., concurring). A o / 292 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 number of districts in order to reduce the influence of black voters, interfering with a crucial civil right.l89 Another way racial gerrymandering causes renewed subjugation is by undermining class interests. It guarantees a limited number of black representatives, while conversely ensuring that there will be more uncontested districts for the white representatives who continue to dominate the assembly. David Lublin uses empirical science to analyze racial fairness in representation and redistricting. He illustrates the discriminatory impact of racial gerrymandering on black voters in relation to other voting populations. 190 Using data of all congressional representatives elected between 1972 and 1994, findings suggest that although the use of some form of racial redistricting is important to guarantee black elected officials, schemes can create discriminatory effects."' Lublin concludes that racial gerrymandering in the South made the House less likely to adopt legislation favorable to African-Americans, assured more Republican legislative control (black voters more often lean toward the Democratic party), and invalidated the 65 percent rule. 192 Under the guise of drawing the VRA's beneficial majority -minority districts, racial gerrymandering schemes have been used as a ploy to control black voters discriminatorily. Other scholars have acknowledged the use of race - based gerrymander schemes to elect minority representatives, but they also acknowledge vote dilution and the reality that votes are deliberately squandered through an over -reliance on race -based proportional representation. 193 189. See Ala. Legislative Black Caucus v. Alabama, 135 S. Ct. 1257 (2015) (ruling that lower courts should focus on the role that race played in each individual district, rather than looking at the state as a whole and noting that the states do not necessarily need to retain the same percentage of minority voters in a specific district; what is important is the ability of minority voters to elect the candidates of their choice); see also Wittman v. Personhuballah, 136 S. Ct. 1732 (2016) (dismissing for lack of standing a suit that was brought by voters against the Virginia State Board of Elections claiming an Equal Protection Clause violation due to a dilution of minority votes through packing into one district). 190. DAVID LUBLIN, THE PARADOX OF REPRESENTATION: RACIAL GERRYMANDERING AND MINORITY INTERESTS IN CONGRESS 104 (1997). 191. See id. at 41-54 (identifying different race -based effects of racial redistricting). 192. Id. at 45, 96-97 (stating that some advocates of majority -minority districts believe that minorities must comprise at least 65 percent to elect their candidate of choice). 193. Daniel D. Polsby & Robert D. Popper, The Third Criterion: Compact- ness as a Procedural Safeguard Against Partisan Gerrymandering, 9 YALE L. & POLY REV. 301, 303 (1991); see also Richard L. Hasen, Race or Party? How Courts 20181 Gerrymandering as a Badge of Slavery 293 Moreover, this form of racial gerrymandering creates discriminatory diminution of voting power. The Thirteenth Amendment prohibits conduct that would amount to slavery on its own, and "empower[s] Congress to do much more."194 The Brennan Center for Justice, a leading civil rights nongovernmental organization, argues that "underrepresented minority communities are often hit the hardest" under redistricting schemes."' According to the Center's democracy research, thirty-nine states leave redistricting in the hands of partisan elected officials, who are motivated to adopt the sorts of redistricting schemes that pack minorities, disfavoring their political interests and influences.'" These schemes reduce black voters' political influence and make it "hard to gain a foothold" in American democracy. 197 Even the Department of Justice has scrutinized various states for discriminatory racial gerrymandering schemes. In 2011, the Department asserted that Texas's redistricting plans for Congress and the state legislature were unconstitutional for "diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice.s19' The following year, a federal court concurred with the Department's determination, finding that Texas's redistricting maps were both "enacted with discriminatory purpose" and had a disparate impact on racial minority groups, diminishing the Should Think About Republican Efforts to Make It Harder to Vote in North Carolina and Elsewhere, 127 HARv. L. REV. F. 58 (2014) (discussing extensive gerrymandering and voter suppression schemes in North Carolina used to reverse major political victories produced by a large turnout of the black electorate). 194. Dawinder S. Sidhu, The Unconstitutionality of Urban Poverty, 62 DEPAUL L. REV. 1, 37 (2012) (quoting Jones v. Alfred H. Mayer Co., 392 U.S. 409, 439 (1968)); see also United States v. Nelson, 277 F.3d 164, 184-85 (2d Cir. 2002) (emphasizing "the extent to which Congress's powers under Section Two of the Thirteenth Amendment extend beyond the prohibition on actual slavery and servitude expressed in Section One" because enforcement authority granted by Section Two empowers Congress "to control conduct that does not come close to violating Section One directly"). 195. Redistricting, BRENNAN CTR. FOR JUST. (Jan. 3, 2017, 7:00 PM), https://www.brennancenter.orglissues/redistricting. 196. Democracy Agenda: Redistricting, BRENNAN CTR. FOR JUST. (Feb. 4, 2016), http://www.brennancenter.org/analysis/democracy-agenda-redistricting. 197. Redistricting, BRENNAN CTR. FOR JUST., supra note 195. 198. Ari Berman, Federal Court Blocks Discriminatory Texas Redistricting Plan, NATION (Aug. 28, 2012), https://www.thenation.comlarticle/federal-court- blocks-discriminatory-texas-redistricting-plan/. 294 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 voting strength of blacks.19' After the invalidation of Section 4 of the VRA, it is impossible for plaintiffs to pursue this case in Texas, as well as similar cases around the country. 200 Under the Obama Administration, the Department of Justice emphasized the critical need for Section 5 of the VRA to combat continuing overt and subtle voting discrimination through persisting mechanisms like racial redistricting schemes.201 The evisceration of Section 5 enforcement powers will allow these schemes to go unchecked, continuing the subjugation of black voters without consequence. While the use of majority -minority districts has supported growth of black political power, other forms of racial gerrymandering have manifested extreme limits on representation and, in some cases, exclusion of factions of the black electorate. These same effects of systematic disadvantage cannot be seen for white constituencies.. As discussed prior, a badge of slavery can be characterized as a form of second-class citizenship that causes systemic discrimination against a protected class. Since their rights and interests are not upheld and maintained on a group or on an individual basis, their status is regulated to a form of second-class citizenship, which is a badge of slavery. Gerrymandering on the basis of race has morphed from a tool to ensure black representation into one that is used to maintain white supremacy. Often, avenues for fighting unconstitutional gerrymandering through the Equal Protection Clause of the Fourteenth Amendment are limited, because there is no clear standard for . separating unconstitutional race -based gerrymandering from permissible partisan consideration. 202 Unlike the Fourteenth Amendment, the Thirteenth Amendment does not have an intent requirement. Deconstructing racial gerrymandering through the Thirteenth Amendment is a more powerful and expansive way of ensuring the rights and privileges of all Americans. 203 199. Texas v. United States, 887 F. Supp. 2d 133, 159, 163 (D.D.C. 2012), vacated, 133 S. Ct. 2885, remanded to 970 F. Supp. 2d 593 (W.D. Tex. 2013). 200. Id. 201. U.S. DEFT OF JUSTICE, U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION ACCOMPLISHMENTS, 2009-2012, https://www.justice.gov/crt/us- department justice -civil -rights -division -accomplishments -2009-2012 (last updated Nov. 20, 2015). 202. Hasen, supra note 193, at 68-69. 203. Rutherglen, supra note 174. Hodges was overruled by Jones, which determined that the Thirteenth Amendment bars private discrimination. Id. at 175 (stating that "in particular, legislation to enforce the Fourteenth Amendment must exhibit `congruence and proportionality between the inquiry injury to be prevented 20181 Gerrymandering as a Badge of Slavery 295 CONCLUSION The goal of this Note is not to provide a blueprint of what can determine fair representation for black voters. Rather, it exposes an unfair representation of black voices in the American political arena. Racial gerrymandering used beyond the intentions of the VRA is a systematic method to dismantle the influence of black Americans in the American electorate and achieve race -based political exclusion. America has failed to ensure the promises of the Thirteenth Amendment and the intentions and objectives of its framers. While the Civil Rights movement achieved major successes, institutions of power, privilege, and manipulation that run counter to the assurances of emancipation persist. On one side, congressional legislation requires states to consider race when drawing district lines to ensure the election of minority representatives. On the other side, many federal and. Supreme Court cases have ruled redistricting schemes that use race as a predominant factor unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. This sort of inconsistent law is both confusing and open to invidious manipulation. Around the country, legislators have used this contradictory rhetoric to guide plans of dilution, disenfranchisement, and denial of black voices in local and national elections. Racial gerrymandering schemes not only target a protected class, but also involve actions so linked to slavery that they cause renewed subjugation. Jones only requires Congress to establish a "rational basis" to define a system or action as a badge of slavery and legislate based on that conclusion. 20' The fulfillment of each of the two prongs outlined by this Note provides a rational basis and defines gerrymandering, with race used as a predominant factor, as a badge of slavery. Congress is empowered through the Thirteenth Amendment to eliminate all badges and incidents of slavery, and it should create prophylactic legislation that prohibits all redistricting schemes that use race as a predominant factor in redrawing district lines. This same or remedied and the means adopted to that end"'); see also City of Boerne v. Flores, 521 U.S. 507, 527 (1997) (reasoning that the Fourteenth Amendment is strictly remedial and not intended to alter states' authority to allocate their political power as they see fit); United States v. Momson, 529 U.S. 598, 619-26 (2000) (noting the limitations of Congress's enforcement powers under the Fourteenth Amendment). 204. Jones v. Alfred H. Mayer Co., 392 U.S. 409, 440 (1968). �N � 296 COLUMBIA HUMAN RIGHTS LAW REVIEW [49.2:1 analysis can be applied to other forms of political subjugation, like voter ID laws and felon disenfranchisement .205 Moreover, this Note does not demonstrate a society so post - racial that race should not be considered in the election process. Quite the opposite, this Note supports the intentions of majority -minority districts but attacks those redistricting schemes that are not in fact being used,. to amplify minority voices. Equal Protection and VRA jurisprudence has worked towards equality in the political process for blacks for decades. However, mechanisms of racial gerrymandering have subverted the original impact and intentions of these provisions and created second-class citizenship for black voters. While one form of race -conscious redistricting takes into account the plights of marginalized communities, enabling them to elect their candidate of choice, another uses the race of the electorate to limit minority voting power in other districts. This latter form of racial gerrymandering creates majority -minority districts when racially polarized voting is not significant enough to disempower minority communities from electing their candidates of choice. America has an insidious and pervasive history of disenfranchising black voters. Black voter suppression through racial gerrymandering schemes is no accident or mistake. Denying, restricting, or limiting the vote of an entire class of Americans is a deliberate and systematic measure to strip the protections guaranteed by the political process from a historically marginalized group of citizens and is counterproductive to the legitimacy of our democracy. The integrity of the election process and discrimination relating to voting rights for people of color persists. Voting is not only fundamental to our nation, but also impacts the political and social mobility of marginalized populations. Elections should be determined by the political will of the people, as articulated through their unwrought and freely executed vote along natural boundaries and communities. Representation should not rely on the skill of master mappers. 205. Both voter ID laws and felony disenfranchisement statutes over- whelmingly limit the voting rights of people of color, who fall under protected classes. The statutes are related to post -reconstruction provisions utilized to suppress the political power of particular groups of people. Further academic research on the Thirteenth Amendment's application to these devices would be extremely valuable. . ID V 3. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: JohnDre Jennings IRC resident ADDRESS: PHONE: Single Member Voting Districts SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES El NO WHAT RESOLUTION ARE YOU Approve and allow single -member districts and voting in Indian River County. REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fv(] 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 N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Aug 17, 2021 10 10 Southern Christian Leadership Conference Indian River County Chapter Presentation Of Gifford's Resolution for Single Member Voting District August 17, 2021 - 9:OOa.m. gess Release for Southern Chrism Leadership Conference Chapter of Indian River County The local chapter of Southern Christian Leadership Conference Indian River County Chapter will Dost a Press Conference ' following the County Commission meeting scheduled August 17, 2021, 9:00am outside .of the Commissioners Chambers located 1801 27th Street, Vero Beach, Florida 32960. Proposed Resolution request is to adopt a Single Member District to provide black American representation within the constitution offices of Indian River County. It is apparent and can be concluded that after its nearly 1.00 years of existence, black have never occupied a chairmanship or supervisory position in these offices and several of these offices have not had one full time black employee. It is now imperative that we take the necessary legal measures to gain access to these offices that are funded by our taxes. This meeting will expose the gentrification devices and techniques employed by this County. The violation of civil and voting rights as well as the voter suppression and gerrymandering devises used to oppress blacks in this county, The violation of the freedom of information act is wide spread by practically all of the five offices. Even when written requests citing Florida Statue 119.07 (Public Records request law is stated along with our �= request), hard evidence and facts are presented supporting all allegations. Evidence of deprivation, exploitation, gentrification are all apparent in the governing process of Indian River County. We are underrepresented and/or not represented in all of the constitutional offices funded by our tax dollars. Taxation without representation is tyranny. 1 j / • Table of Contents Gifford's Resolution for Single Member Voting District I. Press Release, Gifford's Purpose and 1920 Census II. Racial Injustice - Alteria Woods, Derrick Washington Ill., Voter's Impact IV. Office of Supervisor of Election V. County Commission District #2 VI. County Administrator VII. Property Appraiser's Office VIII. Clerk of Circuit Court IX. Private Sector Employment Follow Racial Trend X. Incarceration Facilities XI. Gentrification of Spillway, Gifford, Oslo, Wabasso and Fellsmere Black History Preface Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 .591 -3 VERO. ane Dish aF the cotnpaitq shows it 4i5 best -pos sibte manner The' Pip.Wp l_ at tract of €and:nearAhe,Aiway,inio t kmd"4:- is the need -sanies; j li4iises fes: rent aT. sere t6, ,eir. families a`rt, ifi. in n-en b�t the jt'� on Xfrt9=deshWje-` hath 9&41.�-. "A� -does th ilm vie- bald. appdarance., teat ti the. ``nig Are a bene of so many southinzi stabborn Pf6b to deal e Iowa 91"O.M t6di ltsF Widdra. -A towthAWd out 4xid --pildiii6d mtfi�4 an eye., to fab meat, has, viist, advnthta�_ Ahe est np_.iiifevr vast' and= espensertryfn to -correc o`r_ ge t arouar}lnAi&ji of IMe, Only earlier ueknEi-sett%trsenir sear erloufih • to: Vero for thene of; its cohabitants and l so s�taiatied AR y4los ibll�:�thz: Ma, .kneestry.com - 1920 United States Federal Census `o http:/Isearch-ancestry.con icerbin/sse.dil?ssrc=pt t]38944U_�i94.:.. 0�p .. .. ...... .. .. .... .. y>;- ��l e���:�record�1AaronPERSON IN YOUR TREE . ... - .. 'Stewart Name: Aaron W Stewart Look at this record and see if it really is about Aaron Birth: abt 1869 - Georgia W Stewart. If it is, save it to him/heir in your tree. Death: ed Name: Aaron W Stewart Hone in 1920: Oslo, St Lucie, Florida Age: 51 years Estimated birth abt 1869 year: Birthplace: Georgia Relation to Head Head of House: Spouse's name: Mary Father's Birth United States of America Place: Mother's Birth United States of America • Place: Marital Status: Married Race: Black Sex: Male Home owned: Rent Able to read: Yes Able to Write: Yes Image: 576 Neighbors: Household Name Age Members: 51 35 10 8/12 y.C_._il`rlh i' °. 1 6/12 source Citation: Year 1g2o,oensus glace: Oslo, St Lurie, Florida; Roll: Ti72j� 226; Page 15A; X07.8:38 PM Enumeration District: 175= Image: 575- I of t SBS -S Racism as described by Dr. Martin Luther King, Jr. has "embedded itself into the moral fibers of the American Society." However in Indian River County the so called "Jewel of the Treasure Coast," it has become the core of its existence and a vehicle of normality. In every aspect of this society voter's suppression, gerrymandering, modern Jim Crow laws, police brutality and outright racial intimidation has served itself to produce this legalized slavery method of control over a people. The existence of the Oath Takers and Proud Boys mentality is evident in the enormous number of its citizens that traveled to Washington, D.0 to support the insurrection to over throw our democracy. It is my desire to provide you with an in-depth picture of the vast racial problem that exist in this County from the 71 years of living experience here and the stories passed on to me from the 106 year family residential tree, has only afforded me opportunity to present a snapshot of this gigantic travesty and overall suppression tactics the African American population experiences. The death of a young girl being shot and murdered in her sleep by the hands of law enforcement (not Breonna Taylor but Asteria Woods), the murder of a young man shot in the head while handcuffed (J. Wynn), the shot gun shooting of a known psychiatric patient (Hip Greene), the blatant neglect of the infrastructure (sidewalks, street lights, water, sewer, housing, education, employment and opportunity) have all been useful tools to maintain a white supremacist level of control and economic power of the African American population of this County. The evidence of injustice is also prevalent in the exceptional number of young blacks that are incarcerated and the lack of available opportunity for trade or career type jobs. The Fire Department, Sheriff Department, Private employment and every governing agency is itself evident and proof of this important fact. The lack of African American presence personifies that fact. The idea of litigating a Federal Desegregation Order for 55 years is preposterous and absolute devastating. But it is also evident how deeply embedded racism exists in our society. Our young people who escape the traps laid for their destruction and those who gain a quality education refuse to return to this hell hole because of the lack of opportunity afforded them. They grow up not seeing people that look like themselves in supervisory and administrative positions. Our need is to obtain representatives in every level. This initiative is only a beginning to inspire change and a�start for equality of these oppressed people. We resolve to begin a healing process by getting'a Single Member District" and getting representation in County Commission and governmental agencies throughout. It's time for change. We have paid our debt in fiull. We deserve a place at the table other than on your menu. • 6S/ ^G The data provided to compile this information was provided primarily by the agencies 41 themselves. The ones that refused to respond to our legal request violated our rights and placed emphasis on the common practices of ignoring our needs which is accepted as normal by both parties (black and white). If morale doesn't change the beatings will continue. • • 6,131 GIFFORD — Yolanda Woods remembers the frantic phone calls she got nearly two years ago. Her daughter, 21 -year-old Alteria Woods, family and friends told her, was dead, killed in a deputy -involved shooting. (http://veronews.com/2017/07/25/questions-sail-linger-fataWrug-raid-gifford/) 'I miss her smile. She was ale . Sh Pip person. a was funny and coved jokes, said Yolanda Woods, Hearty two years after the controversial shooting drew community ire and raised questions over what happened. 'She would call me when she got off work and say, 'Mommy what's for dinner.' I would tell her everything I was preparing that night' The 44 -year-old Gifford mother cried as she recalled Alteria Woods – an honors student – planning to go to Mount Zion Baptist Church the morning of March 19, 2017. Yolanda Woods planned to attend church with her and her daughter's Boyfriend, 25-year4d Andrew Coffee IV. Instead, her daughter, who told her just two weeks before that she wanted to Become a pharmacist technician, lost her life. The woman was caught in a crossfire that morning between sheriffs deputies and Coffee during a drug raid at Coffee's home (http'//veronews.com/2018/10/10/atfomey-murder-suspect-coffee-faces-ddiicult-challenge/). gS��g vemnews.00m/2018/03/I& was-holding-ontaho ughtem-death-2-years4sted 212 Justice for Alteria Woods On Sunday March 19e; 2017, I received a phone call that would change my life entirely. A call I would have never imagined that I would have- or could have ever received. It was the nevus that my oldest daughter, Alteria, had been shot but her status was unknown. Later that morning my worst fears became reality when it was confirmed that my daughter had been shot and killed by Indian Rivet County SWAT Team - The news report of the death of my daughter, Alteria Woods, that evening left me and my family in an outrage. In an attempt to defame her, the Indian River County Sheriffs Department used a mugshot of Alteria taken when she was in middle school from an altercation defending her cousin. Next they falsely stated that she was pregnant and shot only once. My daughter was heinously shot multiple times. Ali confirmed by the medical examiner whom I spoke with personally. Alteria was a beautiful bright shining light to all who knew her. She was intelligent, courageous, kindhearted, ambitious, and beautiful inside and out She touched the lives of many, even her boyfriend, Andrew Coffee IV whom the Sheriffs Department are saying used her as a human shield but was not injured during the shooting. Alteria was not afraid to dream big and had a full life ahead of her. She worked two jobs while attending college all in an .effort to reach her dreams of being a pharmacist But her life was tragically taken away from her and her voice silenced. Even now we still have no answers of what really happened on that horrific morning of March 19th. We have asked and requested information that would shed some sort of light on the events leading up to and that occurred during and after the shooting. Yet to this day we are still in the dark We are asking all that will, to please join us in this fight for justice and Transparency. We are asking for an Outside investigation of our daughter's murder. We want answers! We want truth! join us in being Alteria's VOICE. Sincerely Yolanda Woods ar.is Mail-- 0ds00380Cpc@0fficeQepotcom Fwd: information regarding Darrick Washington Angelica Catlin <acat1in1@grnai1.corn> Wed W-7.12019 3-34 P.Li iTo;0.ci,00380Cpc <0d=3WCPc@0`r+ceDepc'com>: --•--- --- Forwarcied r *ss39e -- - ft- Argeika Catlin <am imgmam> Date -'wed. Aug 7,2019. 1V40 AM, Subiect irhforrr ti n regarding Derrick washingion TO: zgM2gJfflP4n=> DISCRIMINATION IN INDIAN RIVER COUNTY (WHEN WILL IT STOP?) On October 24th my son, Darrick Washington, was shot by a sherriff from Indian River County during what should have been a routine traffic stop that turned Possibly deadly. In earlier reports it was told to myself from a police officer that they had an earlier tail about 4 black men in a car and they initially thought my son and his friends were who they were looking for Racially profiling my son and his friends based on what? you fit the description {because your black and so are your friends). Darrick was one of s juveniles in the car that night and yet he is the only one being held on such horrific charges. Derrick was shot in the side of his chest. When i received word that my son was possibly shot by an officer in Indian River County phone calls were made to police stations and hospitals who all gave my family the run around. No one could telt me where my son was and what had happened. After finally cafring the SheiifPs Department and telling them what I had heard they finally broke down and said that there was an incident that happened earlier in the night in which a teenager was flown to Lawnwood Trauma Center - When I called the hospital they told me that there was no one there that fit that description. ! had to tell them that the Sheriffs Department told me that a teenage boy was Flown to this hospital. They then asked me if he was black or white. When I told them that he was black they put me on hold When they returned to the phone all they could tell me was that there was someone that fit that description there- There my child was helpless in a hospital bed in critical �ndition labeled a JOHN DOE The drive from Brevard County was unbearable. To walk in finally after getting my son to at least the stable condition and see they had my son handcuffed to the hospital bed was yet another slap in my face. At this point nobody would give me any information. The details were sketchy the story was the deciding factor as to how many times it would change. i don't want to go into too many details in this letter asci depending eel it may or may not hurt sons criminal case, !would just like you to know, my son or any other mothers son, child or family member does not deserve what happened to my son. Recently In court it was said that the different officers had different stories. This concerns me and my famiftc Htwa-many times, how many kids, family members are sitting In jail or in a grave over the blatant brutality and misconduct at the hands of the Indian River County Sheriff's Department? I am not trying to make history with my son's tarn. i just want my son free, his named cleared and I more importantly want them to be held accountable for this behavior. I am far from prejudice. I am not using the race card on my son's behalf, but this "Good Ole Boy" mentality has to stop. My sons current public Defender or "Public Pretender" for better lack of words has yet to even give my son the proper representation in the court system. No rebuttals, no introduction of facts....She Just sits there and waits for the State Attorney and the judge to ask questions and rule based on their own interpretations. My sons fate Res In her hands and she recently told me in a conversation about a bond hearing: "He (Darrick) seems to be doing fine in jail, so don't worry about getting a Bund Hearing" as If my son should be accustom to Jail because he is "Black" and getting along with the other "Black" inmates... She had a whole month after my son's Incarceration to review his files to set his case for a Bond Hearing and when i questioned her about when it wouid.be she -said, "I haven't had time to review the case yet" My son was out of the hospital for 5 months before the Sheriff Department filed charges against him. in their warrant they had my child labeled armed and dangerous so he turned himself into the police department to avoid any horrible outcomes during arrest. tf he was such an endangerment to the community Why was he not taken to jail straight from the hospital? I don't know many "Accused of attempted murder" on a Police officer that are not immediately arrested with such a charge. Do you? I am aware that the Public Defender and the State Attorney's office are under the same payroll. Does this mean they sit at lunch and exchange cases or speak 10" Plea Bargains? You know 1 will give this "Accused attempted murder" case for your "Jaywalking one �O�lO hops://outlook.*Mos.corn(owatOds00380Cpc@of lceDepotcom/7offline=disabled&Path=/maiUlnbox/rp 112 8L ` 2011~ - Mail - 0dW)3WC pc@OtficeDapotcom 1116110 04witl .find.thaf *W is teartfeitand m y pam e5 long and hard oder #t►is. My son's future vuas so tirigitt, and I believe he kan frays-it bacf� aigaiii tivittti some help from others and first and foremost God. Thank you for reading this and f hope you have some insight on who my son Dartictc he can be again. Even though my son is still a juvenile and not able to vote as of washirrgtm was and who correct? what right did the Indian River Sheriff's department have to shoot he still erltttled to his Civil Rights underthe Co on. Am 1 investigate later? 1 ask my son because he was driving a pr? is their department on the shoot first and you to please take the time to investigate this incident as t am limited as to what i can do because of limited income as his mother_ I did everything to keep my son in school and off the streets and thus-far 1 have succeeded, please help me continue to let my son five a normal and productive style, VVe don't need another statistic, we need an example._... I just wanted to give you a brief introduction to the life before and after the incident that could possibly ruin my, son's entire fife. E am a single mother of 3 children and Darrick being the only son and the youngest f would Eike to say Darrick came from a broken home and had a tem-We childhood. Since this is what some people assume all Afro-Americans households are tike. But fortunate for Darrick I was able to provide him with a safe and dean environment throughout his childhood and teenage years. He has a strong sense of family and I have taught him the importance of having the capabilities of chaosfng right from meg, with that being said he is not perfect by any means. Darrick has some teaming disabilities but has been able to maintain a high GPA throughout school. My son has always played sports of all fonds since he was Sm old. Darrick was able to maintain his grades and excel in sports at Palm Bay High where he was a freshman on the varsity team. He has many accomplishments thus far and i hope and pray in the future he will be able to get back into the sc11001 SyStefn and graduate and go on to college. My son has a full backing and support from the RA.!_ {Police Athletic League} and Palm Bay High School Administration as well as the Athletic Department He also has character references from anyone who holds a prominent position in our community. Prior to this incident on October 24, 2010 my son had college recruiters coming to PalmBay seeking oumy t son. Now my son's athletic scholarships may be in jeopardy of going to another student. The doctors are not definite, but their preliminary diagnosis was that my son may never be able to play football again due to the fact the bullet is lodged in his spine from Indian River County Sherr+ff.'s Department. This is the link to the article by Mike Holfeld with wKMG. Thank you for your time, WctlullY Angelica Catlin on behalf of Andrea Johnson • htWioutlook.office.comlowalOdsoo3eoCpc a@DOMCGDGPot.comf?a line=dWabled&path=/maVmboxlrp 39/4 /! M . s,: _ - - _ _ _ _ .:. ': ' ... � :.: --c: : . .-. . . .. - - _ ii t? _ w. :i - .�ij: = ='? '' -� .. - J:�'- F L S.+C.i: Zim-.+SE. _ - - ID - 4Ci,= L�+c<. r im ` � .: 0 � . . . . .. -.: lw .. .., . � i .10 cps �•`.- k _ — •^t� .� r y "z ...***;,,, U—J-1- ,� 4 a n - a`- _� _ 1,h4-1 v Q.� .� e.. -; . - 2W ;N sa -� 4 Vis;:;; � � -4--w--w 1 -- -, - - �.- . 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A:i i �- 3 _ _ Voter's Impact It was 1978 when Jim Jones 900 members of his People Temple committed suicide, when Roman Polanski fled to France, the first cellular phone was introduced and when Joe Idlette, a Gifford resident, was elected to the Indian River County School Board. At that time, Gifford was a part of County Commission District #5. However, after submitting written requests to the County Attorney office and to the County Commissions office to obtain maps of the Districts, I was informed those records did not exist and was charged $64.00 for a large oversize map of the present alignment and 150 pages of minutes that were written in a legal descriptive form only a Planner or Zoner would understand. (Please see Appendix) This is a common practice to prevent us from obtaining information needed to prove gerrymandering and suppression. Given the present governmental agency's racism, demographic and philosophy, the African American voters are non -impactful and feel their vote does not count. The fact that Amendment Four was voted into law, one that restored the rights of convicted felons, then rescinded in Florida, is a perfect model of how this local government suppress the African American vote in this county. The County Commission designed the Districts to render the African American vote useless. It is blatantly apparent the African American leaders are only rewarded if they are republicans. They affiliate with the party because they express that it's the only way to receive due process in this "hell hole." The Office of Flection precincts' alignment tend to fit the status quo. The 19 churches designated as precincts is not really 19 but 12 churches divided into 19 precincts. A closer look revealed that precincts #35 and #22 are the same church, precincts #2 and #3 are the same • S90,-13 church, precincts #10 and #11 are the same church; precincts #19 and #20 are the same church; precincts #25 and #26 are the same church and precincts #31 and #23 are the same location. This further supports the apparent blatant racial discrimination each church are compensated double for hosting the poll and no Black church is in the equation. We, Southern Christian Leadership Conference, submitted letters to the Supervisor of Elections asking her to allow five Black churches throughout the community to be designated as precincts. We further emphasized to her the importance for her to respond to our request in writing. The first letter delivered on September 28, 2020 was date stamped by her office and copied for our records. Additionally, we provided a follow up letter on October 2, 2020 requesting a written reply. She called my cell phone at 4:07p.m. on October 2, 2020 attempting to explain that she was too busy and involved with the election to provide our request in writing. She refused to even consider it. I explained that our request merited a written response, she reiterated that she was too involved with the election to even write a letter. The County Voter's Poll itself magnify a strong voter's suppression and gerrymandering process which is a racial and partisan injustice. Precinct #21 (Gifford) and precinct #28 (South County - a/k/a Oslo) has a total of 17,465 registered voters between the two of them. There are 6,637 Democrats and 3,813 Blacks among the two precincts, 6 times as many as in any other two precincts. Precincts #28, #14 and #135 has over twice as many as any other two precincts. There are 4,423 Democrats, more than double any precincts other than Gifford's #21. This too has to contribute to the inability to get Black representation in this "Jewel." Taxation without representation is tyranny. • ssI ��� The Office of Election precincts' alignment tend to fit the status quo. The 19 churches designated as precincts is not really 19 but 12 churches divided into 19 precincts. A closer look revealed that precincts #35 & #22 are the same church, precincts #2 and #3 are the same church, precincts #10 and #11 are the same church; precincts #19 and #20 are the same church; precincts #25 and #26 are the same church and precincts #31 and #23 are the same location. This farther supports the apparent blatant racial discrimination each church are compensated double for hosting the poll and no Black church is in the equation. We, Southern Christian Leadership Conference, submitted letters to the Supervisor of Elections asking her to allow five Black churches throughout the community to be designated as precincts. We further emphasized to her the importance for her to respond to our request in writing. The first letter delivered on September 28, 2020 was date stamped by her office and copied for our records. Additionally, we provided a follow up letter on October 2, 2020 requesting a written reply. She called my cell phone at • 4:07p.m. on October 2, 2020 attempting to explain that she was too busy and involved with the election to provide our request in writing. She refused to even consider it. I explained that our request merited a written response, she reiterated that she was too involved with the election to even write a letter. The County Voter's Poll itself magnify a strong voter's suppression and gerrymandering process which is a racial and partisan injustice. Precinct #21 (Gifford) and precinct #28 (South County - a/k/a Oslo) has a total of 17,465 registered voters between the two of them. There are 6,637 Democrats and 3,813 Blacks among the two precincts, 6 times as many as in any other two precincts. Precincts #28, #14 and #135 has over twice as many as any other two precincts. There are 4,423 Democrats, more than double any precincts other than Gifford's #21. This too has to • ? S< 15 0- - contribute to the inability to get Black representation in this "Jewel." Taxation without representation is tyranny. w O U 7 u 0) V �r4) .0 LL d LLI a �> OL Q} A N 2 M N N i . C 7 Ci' - = V \0 In f1 M C oQ to O\ - r V: -4t M O d- ,D r ON O N- m M G1 G L V' N C,1 N N 00 N N N \O 00 00-- \-O T -t `n 00 V1 '7- O O \0 G r N 7 00 \0 M O= O - If O O1 VT u3 V' N N It O\ %0�o N 00 r r v 00 - lr M lr w r I'D C11 N ^a r O M G1 vi z1' '- G 00 ct N - N M M M ^ Cil N- N ,-- rpt - -- N - .,= M N w oro 00 In kn M ao r N M 3o M G\ 00 N r r 00 , V 7 �--� o V° C1 O" %0 r C1 In N \0 00 r Vl - In r 01 h M O G1 1�0 "` W1 - N V 14%= N00 N 1J Vt rl r G1 O O h `:? O N oo :^ N N 00 ON Cl v7r i- \.O CT L N to M may' H kn GS V C` N V7 01 C\ N h C� C 00 00 kn (,I C ut V) Vz to r r N N C N 09 O. 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N N N N 4n - c•) 00 -M O 'fl -�r 00 tzY M r G% In %0 00 G1 -'f b' - M In kn T M O r �t �O M M M v GO O G h Vl N V1 ti? O- V) 00 3- 00 O N N a >a M t ct O x v ca r ,a U C3 J U y y cy C3 - u a) rn vy _ sc U U m im J ¢ = L^ r ra U o = O t O O G r (z o O O' O O O O Q ict > > cs r aj t" Oq _ is v) v) cn ? v > O u U U v ej U U_ > > _ > > > ',- m v :Y as = Q - ;7, Cj U CU L 1 U a"s. c a u u .� .y 0 8 r = U -- L as a '1: o Y c is cG o � � m >, ' O - ec >, � u c ... ts. cn tr in d cn cn cn u) �_, U_ U U C3 U Z) U U N ce D n z ++ Nt m ep m \0 r w C N @ s!i L7 r 00 ^C. d ... N M et in v t- 00 G1 o rt ^ ••• - - -- N N N N N- N- N N m CIV^• o 3: J L- "t M t- C> ol 1 > Cie 0 avow o 0 cl) C, \0 kn ON co 10 r"� Iq C11 ry o 3: 00 %0 10 C\CT 1 0 C, 0 cl) C, \0 \0 CD C) 10 r"� Iq Cl� 00 %0 10 C\CT �- 10 CD = r - Ln I Office of Supervisor of Elections Summary of Electoral Ability On August 17, 2020 we forwarded a Certified Return Receipt letter requesting demographic information, in accordance to Florida Statute 119.07(9)(4)(a). We explained our willingness to pay, as required by law, for the copies. We regret, to date, we have not received the requested information. They contacted me by phone to explain verbally the lack of availability of the information requested. I reiterated the need for documentation. Again on September 28, 2020 we submitted a request to you asking to have African American churches designated as voting precincts. Please find your written response attached which expressed your opinion of the complexity of the process and which identified a vague and broad excuse as to why it wouldn't be to your advantage to satisfy our request. However, there are 19 Caucasian churches that are designated voting precincts and zero African American churches. On October 2, 2020 we submitted a follow up letter reiterating our September 28th request. I am now requesting once again for a written response on the procedure used to determine precincts as well as the process used to have an African American church in the Gifford and Oslo area classified as such. It appears that our attempt to gain information is so always met with outright denial or constant procrastination by this office. Therefore, your speedy and prompt reply will be greatly appreciated. On Saturday, May 15, 2021 the Treasure Coast Newspaper front page ran an article expressing a need for more time to prepare for mail -in ballots. They posted a photo from the October 11, 2020 Election office. Please see this photo "One Picture in this case is worth 10,000 words." Sadly to admit, but this picture depicts the appearance of the five constitutional offices in Indian River County and the largest private employment sector. The former Mayor of Vero Beach is under investigation by the Federal Bureau of Investigation (FBI) for misconduct during the Insurrection against the Capitol building. C Southern Christian leadership Conference Indian River County Chapter 5835 59th Court, Vero Beach, FL 32967 August 17, 2020 Leslie Rossway Swan Supervisor of Election, Indian River County 4315 43rd Avenue Vero Beach, Florida 32967 Re: Public Records Request Dear Ms. Swan: Anthony Stewart, President I have been advised to request demographic information from your office. However, I am fully aware you are in an election season, so please provide me with a date I can obtain this information. The information provided will become a valuable part of a thesis and special. project myself and others, are preparing. According to Fla. Statute 119.07(9)(4)(a), I agree to pay .15 per page or .20 for double sided copies. If you will adhere to the following: 1) All African American candidates who campaigned for office in Indian River County beginning with the year 1960 please provide the following a. Dates they campaigned for office b. Office they campaigned for and pursued C. The outcome of the election d. The margin by which they won or lost the election 2) Demographics (white black other, etc) of the full time employees presently working in your office. a. The number of African American hired by your office since 1960 and their title b. The number of African Americans who applied for a position within your office C. The vetting process used to employ your applicants d. A flowchart of your Department 0,", • • Your prompt reply to this request is greatly appreciated and I thank you for the service your office provides to our growing community. Sincereiv ;>, 3 litho ra te��ar= President SCLC'-- Indian CL C'- Indian River County /As gel -641 04 WE IN Southern Christian Leadersh p Conference Indian River County Chapter 5835 59th Court, Vero Beach, PL 32967 September 28, 2020 4nthony Stewart 'resident Leslie Rossway Swann ; E2 Indian River County Supervisor of Elections" 4375 43rd Avenue Vero Beach, Florida 32967 Re: Precinct Request Y c Dear Mrs. Swann: - We are writing to request several African American churches within our communities be 140 designated as precinct polling sites. In lieu of the COViD-I9 pandemic, preferably we request two in Oslo, two (2) in Gifford and one (1) in Wabasso. We are well aware there are nineteen (19) precincts designated at predominantly Caucasian churches and there is compensation for the use of their facilities. We are also aware that individuals will have to be deputized and there are requirements_ We are certainly ready to meet the requirements. Lastly, we request that your decision be in the form a written response to include the procedures and criteria to have such a designation be granted, for our records. Yours v Antho t L President o ' SCLC /as • • Southern Christian Conference Indian River County Chapter 5835 59th Court, Vero Beach, FL 32967 Anthonv Stewart President October 2, 2020 Leslie Rossway Swann Indian River County Supervisor of Elections 4375 43rd Avenue Vero Beach, Florida 32967 Re: Precinct Request Dear Mrs. Swann. • This is a follow up to the precinct request of September 28, 2020 of which we have not received a written response. The presidential election is approximately 32 days away, therefore it is imperative we receive a written response either approving or denying our request. In light of the nineteen (19) precincts designated at predominantly Caucasian churches. we are merely asking to be granted the same consideration and opportunity as taxpayers too. Again, we are requesting two (2) polling sites in Gifford, two (2) polling sites in Oslo and one polling site in Wabasso. Should you have questions as it relates to fulfilling this request, please do not hesitate to contact me at 772-925-4412. /as 0 elect* jm%, ioh ®e ns c ef asks cities40 to alter qualif-YM9 IMF A C_ • A. 9 s /ote-by-mail workers open andMai P process mail -in ballots on Oct, 11, 2020, at the lrsd;an Diver County lupervisor of Elections office. Workers were processing 21,133 ballots. "It's very aoor intensive and we've ►ever had that marry ballots at the in opening before," said Leslie Swan, Indbn Ricer County Supervisor of Elections, not pictured. MOLLY SARTELS/SPECIAL TO TCpALM Wore mail -in ballots mean county supervisor needs pore time to prepare November ballots after period "net Begley Special to Treasure Coast Newspapers SA TODAY NETWORK - FLORIDA INDIAN RIVER COUNTY — With the number of laic -in ballots doubling between the 2015 and 2020 residential elections, Supervisor of Elections Leslie wan is asking the county's five municipalities to love their qualifying periods earlier. The qualifying week, when individuals declare , didacy, currently ends 17 days after the Au- That's not enough time for election staff I prepare the general election ballots, that must be mailed 40 days prior to an election, Swan said. "The method by which voters cast their ballots has changed significantly in light of the coronavirus pan- demic," Swan said in a letter to Vero Beach, Sebastian, Fellsmere, Indian River Shores and Orchid town and City clerks. "I expect this trend to continue because of the convenience of voting by mail and the fact most voters checked the box on their mail -ballot certificate envelope indicating they would like to continue re- ceiving mail—ballots." See COUNTY ELECTIONS, pza=� . B'y/ d CJ District #2 Coanty Commissioner Joseph Flescher On August 20, 2020 we submitted Certified Return Receipt correspondence to your office requesting copies of County Commissioner District Maps dating back to 1960 and the factors that determine how districts are formatted. The County Attorney's office responded and provided me a large color map that appeared to be from 2011 with size measured at 28^x40". The same map the County Commissioner provided at 8 1/2"x11 ". The County Attorney's office charged me $64.00 for the information they provided. Please see the attached. Commissioner Assistant, Kim Moirano, responded to my request re saying "I checked around and we have some old maps but not of the County Commissioner's Districts. The person who may be able to help is Will Rice - G I S (Geographical Information Systems Mr. Rice, I learned that he too possess no knowledge of the existence ofber is 6these 09 " maps. phoning However, I had obtained minutes from the County Commissioner meetings dating back to 1960 all of which reference small color County Commissioner maps used in the various decades to draw proposed population equal districts. My question is are they allowed to .destroy documentation that is officially apart of the minutes? Why is this information not readily accessible to the public? How can Gifford, Windsor, Orchid Island and Grand Harbor be equally represented in the same district? Can citizens with two extremely different incomes derive at a medium income that represent such diverse differences? These questions need to be carefully addressed and evaluated for any bias that may exist. It is because of the unfair nature of such extreme diverse communities that make a Single Member District the only way to provide a true and equal representation for the Gifford area and the African American population of the County. The Tuesday following the 2021 Insurrection at the Capitol Building, we approached the Chairman f the County Commissioner Board, Mr. Joseph Flescher (District #2 representative for Gifford) following a Commissioner meeting (they had given service awards to County employees). Outside the front entrance of the Commissioner Chambers I asked Mr. Flescher what would be the possibility of getting a Single Member District for the Gifford area? . He responded "none" and became very offensive. He took it personal by stating "you all are out to get me." We found his -statement to be appalling to say the least. 058'1 -a.5' C: SCIC SEP `0 2U2Q Chlan 1I.dIN, Can1&ro " Indian River County Chapter BOARD OF COujN TI- COMMISSIOn 5835 59th Court,. Vero Beach, FL 329617 Anthony Stewart, President August 19, 2020 Commissioner Joe Fletcher County Commissioner's Officer 1801 27th Street Vero Beach, Florida 32960 Re: County Commissioner District Maps Dear Sir/Madam: This letter serves as a public records request in obtaining copies of the county commissioner's district maps as well as the determining factors that constitute a "district." I am requesting this information be provided dating back from 1960 to the present. I understand this request comes at a cost and according to Florida Statute 119.07 (9)(4)(a) I am willing to pay .15 per single page and .20 for double sided copies. It is understandable if there are extra fees as it relates to district maps. Your prompt acknowledgement and response is appreciated. Sincerely, Antony G tewart President, CLC Indian River County /AS a Southern Christian LeadershipCoWere nce; Indian River County Chap x Rev. Anthony G. S116, , President «. av bir & VAB -U1 :kV� S'LreeL� Bui, H'a Vero Beach, FL 32-96o (772) 226-1453 )L,,*-�ard,o,-,rna—c_lerk-indian-rii,er.org FrOm. Kim M01rano <kmoirano@irc&ov,com> Sent: Wednesday, August 266, 2020 10:18 AM JO:R-andiVVarG_I_ow<k- iow@c- mind an -r jobjward le lver.orp. j - v- - _ RE: o) - JExt-unall Co"-nK.iStn'v'T6--- Good Mornlng:_ 'nips butnot C.fthe Calinty Oon--mlcg ri er Districts. The person wha rnav, be abie 10 fleiP You -'Is Will Rice - GIS. His number is s 226-2609. 7 Best regards, Noirano (;Orrim Issioner Assistant Tor Susan Ardams, Dtstrict i 6021"d Of UOuntY (Lommissfoners Kil 1 27th 0 Q, Rutildir-4 A vero t3eacn, F -L 529-0-0 226 1 772 1-4-1412 kmo LtacjoCa-jftcqov,C�QM: Fi.EAIiGii7i ii&66A t"r'tjj_.M eomn"' I — tie c's to orin - Lou niy fig county business are considered to be public records and will be made available to the public and the media ci-fidi, iiimss.zei itr�ccisurr: Your 4rCOnSider the enWronment before printing this e-mail. Thank Green! 39/ -Ir? 7 0 • Coeinty Administrator Our letter dated August 12, 2020 was addressed to Mr. Jason Brown, County Administrator, requesting the demographic information from the constitution offices. Only the Sheriff and Tax Collector Offices responded willingly, providing the requested information. Only the Sheriff office had an African American in an administrative position. Unfortunately, they were well under represented there. Of the J(83 employees of the County. Fire and Rescue Department, only three (3) employees were African Americans. There were no administrators. The Office of the Supervisor of Elections has no African American full time employees. The Property Appraiser's Office had one employed and he bragged on how good she worked "as if' it was so unusual. He further admitted that he inherited two (two) cases of nepotism_ (family members working in the same department) but declined to rectify it. He proposed to allow it to play itself out until they retire. We recommended he transfer one relative to another department and attempt to fill those two positions with African Americans. We referred a well qualified African American to apply and she was told to come back in 9 months to apply. There are no African Americans working in the County Commission, Administration nor the County Attorney's Office. It is these racist tactics that promote voter suppression and suppression of African Americans. Thereby, perpetuating a sophisticated form of slavery. See letters and responses.. $gl a( ...ce of vuaniGe UnW A dV®tloWdWO Sou«�rn tr.0 i. S C �sr-aste�ts ¢oetererrx Indian River County Chapter 58035 59th Court, Fero Beach, FL 32967 ion -'ho' vSt"'arl, President August 17.2020 Jason Brown Count.' Administrator 1801 27th Street Vero Beach, Florida 32960 Re: Demographic flo«Tchart of the Counties' major departments Dear Mr. Brown_ This letter serves as a public records request in obtaining demographic information on following major county departments (Clerk of Court, Sheriff Office, Su Supervisor the Board of County Commissioners, Property A P of Elections, • As it relates to these major departments,r PPraiser, Tax Collector and Finance Department). J we are requesting the following: 1 Number of employees presently working in each department 2) Names, race, position and title of said employees The demographic information obtained will assist us with completing a specialro'ect o of our community and fulfill the requirements for a Class thesis. Florida Stat 19.07 P n behalf provides that no more the charged per page and .20 should be charged for sided copies. {9){�){a1 .15 should be chaar g double Iii necessary, I ask if you would please allow .the records as well as provide me with a writo review unftten explanation of any and all denials.a iand/rvoluminous Your prompt acknowledgement and response is appreciated. Sicf6re, j nthony O. ewart " President, SCLC Indian River County /AS mum iore August 17; 2020 Jason Bro,,3vn County Administrator 1841 27th Street Vero Beach; Florida 32966 Dear Mr. Brown: Indian River County Chapter 5835 59th Court; Nero Beach, FL 32967 -"""OnY Stewart President We have requested a flowchart of your Department to include the title, gender and race of Your employees. We agree to pay . i 5 per single page copy and .20 for double sided copies as required by Florida Statute 119.07 (9) (4) (a). please provide m=itten explanations of any and all denials. Your prompt response is greatly appreciated, /AS • • • 0 FEB 2 3 `Zi121 wed Counw P►dminwaw !;Clc Southern Christian Leadership Conference Indian River County Chapter 5835 59th Court, Vero Beach, FL 32967 Anthony Stewart President February 23, 2021 Jason Brown County Administrator 1801 27th Street Vero Beach, Florida 32960 Re: Public Records Request Dear Mr. Brown: We are requesting data on all OPS (Other Personal Service) employment occupied by employees who have filled these positions by the County Department of Healtth in and for Indian River County since 2013. I • We request the names of the individuals filling the position and position title 2. Date employment began 3. Salary and the source of the salary (i.e. State, County or both) We understand that this request is governed by Florida Statue 119.01; 119.07; 119.011(1)(2) and are prepared to pay applicable fees. Please provide this information as expeditiously as possible. Your prompt and reply is greatly appreciated. Pre-sident, SCLC Indian River County /AS SCIP Indian River County Chapter 5835 59,th Court; Vero Beach, FL 32967 August 17,.2020 Property Appraiser's Office 1800 27tH Street Vero Beach, Florida 32960 Dear Sir/Madam: Anthony Stewart; President • We have requested a flowchart of your Department to include the title, gender and race of your employees. We agree to. pay .15 per single page copy and .20 for double sided copies as required by Florida Statute 119.07 (9) (4) (a). Please provide written explanations of any and all denials. Your prompt response is greatly appreciated. /AS • Wesley Davis Indian. River County Property Appraiser Rev. Anthony G. Stewart Southern Christian Leadership Conference Dear Sir, Attached, please find, the information requested in your most recent public information request id code 20-011. We are pleased to provide the information requested within 48 hours and at no cost to you. The documents include: I. A copy of Policy statement number .l I0 established by Mr. Davis requiring posting of job vacancies and affirming our no discrimination policy as to employment. 2. Page 6 of the Property Appraisers employee manual stating the equal opportunity policy. • 3. A copy of the Property Appraiser employment application demonstrating that there is no question to indicate race. The Property Appraisers does not ask applicants or employees to declare or reveal their race, gender, religion, or personal choices. 4. A current list of employees and their job designations. 5. A copy of the most recent organizational ,chart. Please note that there is one change that is not reflected in the chart. Linette Brown has been assigned as Sebastian Branch Manager under Rolls and Records. We strive to provide all the information requested. If the package does not provide the information you require please feel free to contact me. Cordi , .�-- `C;haries Wi son Director of Communications Indian River County Property Appraiser, Wesley Davis F91-31 Rev d Wesley Davis Indian River County Property Appraiser Number: 007 January 24,2020 Statement of Facts: Restating the 'Indian River County Property Appraisers commitment to 'being an equal opportunity employer and'implementing a process for posting vacancies and accepting Applications Action Taken: Memo by Finance and Personnel Department outlines new policy of posting job vacancies 7 days prior to public posting. 0 Status: Adopted 0 Ss 1 ^.2a • Wesley Davis Indian River County Property Appraiser Rev. Anthony G. Stewart Southern Christian Leadership Conference Dear Sir, Attached, please find, the information requested in your most recent public information request id code 20-011. We are pleased to provide the information requested within 48 hours and at no cost to you. The documents include: 1. A copy of Policy statement number 110 established by Mr. Davis requiring posting of job vacancies and affirming our no discrimination policy as to employment. 2. Page,6 of the Property Appraisers employee manual stating the equal opportunity policy. • 3. A copy of the Property Appraiser employment application demonstrating that there is no question to indicate race. The Property Appraisers does not ask applicants or employees to declare or reveal their race, gender, religion, or personal choices. 4. A current list of employees and their job designations. 5. A copy of the most recent organizational chart. Please note that there is one change that is not reflected in the chart. Linette Brown has been assigned as Sebastian Branch Manager under Rolls and Records. We strive to provide all the information requested., If the package does not provide the information you require please feel free to contact me. Co71es4kon' Ch Director of Communications Indian River County Property Appraiser, Wesley Davis 0 1391-143 0JUTFREY R. SNUTH, CPA, CGF03, CG'MA . Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 Southern Christian Leadership Conference Indian River County Chapter 5835 591h Court Vero Beach, Florida 32967 September 3, 2020 Dear Mr. Stewart, SEP 012020 This is in reply to your request of August 19, 2020 regarding obtaining copies of County Commissioner's District maps. This office has conducted a search of our records going back to 1960. The only map we have on file was from the 2001 redistricting. We have provided copies of the Board of County Commission Meeting Minutes where the redistricting issue was discussed in 1991, 1981 -t1971, and 1961; however, the maps were not Dept on file. Please let us know if there is anything else we can provide. • Thank you, Ran i Wardlow Deputy Clerk- Office lerkOffice of Cleric to the Board • Sgl-' v RED I_STRICTING PRESENTATInN n �S s Y SUP AVIS F ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS EXPLAINED THAT EVERY TEN YEARS IT IS REQUIRED THAT WE REDISTRICT TO BALANCE OUT THE DISTRICTS s! AS MUCH AS POSSIBLE. PARS. RICKEY THEN REFERRED TO A MAP AND WENT INTO CONSIDrERAB�LE_DE�AI 5 T .OW SHE HAD TRIED TO RELATE THE CENSUS FIGURES TO THE VARIOUS DISTRICTS, THE REDISTRICTING BEING BASED ON POpULgTION '--- -- RATH� T}{q�EGlST€RED VOTERS. SHE STATED THAT IN'THE PROCESS SHE TRIED TO INCLUDE A MUNICIPALITY, OR PART OF ONE, IN EVERY DISTRICT; IN ADDITION, SHE MADE SOM 0 CJ E CHANGES IN PRECINCTS ANDADDED TWO NEW ONES, THE COMMISSIONERS DID NOT HAVE ANY MAJOR PROBLEMS WITH THE CHANGES PROPOSED BY NIRS. RICKEY, BUT WISHED TO HAVE MORE TIME TO RE- VIEW THE PROPOSED CHANGES.:. IT WAS AGREED TO TAKE THIS MATTER UP AGAIN AT THE OCTOBER 7TH MEETING. SOUTF! $Enr i binTER A6RFEMIENT COMMISSIONER SCURLOCK REVIEWED MODIFICATIONS TO THE PROPOSE:) AGREEMENT, NOTING THAT AT ONE OF THE ADDITIONAL MEETINGS HELD, CITY COUNCILMAN GREGG INTRODUCED A MODIFICATION ON PAGE 4, SECTION 3, WHERE WE INSERTED LANGUAGE STATING.THAT THE COUNTY AGREES TO ENGINEER, LET, CONSTRUCT, CONTRACT OR FUND THE IMPROVEMENTS IN AN EXPEDITIOUS MANNER, OR SIX MONTHS FOR LETTING THE CONTRACT AND I$ MONTHS FOR COMPLETION, COMMISSIONER SCURLOCK-AND ATTORNEY COLLINS FELT THE ASSURANCE OF PUTTING $780,000 IN ESCROW WAS SUFFICIENT TO SHOW OUR GOOD FAITH, BUT MR. GREGG INTRODUCED AN AMENDMENT, WHICH WAS APPROVED BY THE CITY COUNCIL, WHICH BASICALLY SAYS,IF THE COUNTY DOES NOT MEET THE SPECIFIED TIMETABLE, THE CITY WOULD HAVE THE RIGHT TO COME IN AND USE THOSE ESCROW FUNDS TO COMPLETE THE IMPROVEMENTS OUTLINED IN THAT PARTICULAR PARAGRAPH. THAT WAS THE MAIN CHANGE, THERE WERE SOME MINOR CLARIFI- CATIONS AS FOLLOWS; ON PAGE s WE CHANGED THE 36 MONTHS TO 42 MONTHS, GIVING US A 'SIX MONTH GRACE PERIOD; THE 33 MONTHS ON THAT SAME PAGE WENT TO 39, ETC. THERE WAS AN INSERT ON THE 5TH LINE WHICH BASICALLY DEALT WITH ALL THE ASSETS - AFTER THE WORDS "FREE -OF CHARGE" INSERT THE WORDS °ALL ASSETS IN EXISTENCE AS OF THE DATE OF THE AGREEMENT SET " FORTH IN PARAGRAPH s.° THE A#ORNEY FELT THIS WAS A VALID REQUEST BY SEP 19 7981 5, BOOK 47 PACE5,?z Liiai,T31 gyri u41f Continued Mat 13r;;'v� -sv3 tiSxi;r�ifit. : v ii1.?Lt�i �iiiFr j^1 i':2�'c -oi i iJ e4fi.t f&I :iii 1:**elia s � foilxc-�� -�. Y�, _ J u aS +-+aJt2YLl � - ��ii;r'3. L,stntt 6CtFs Ali ."�C - - �� rub>: lt:^f' t - 3? �?i 3� arr� zSt ti`t 17,567- !'m �. _ - M"V ?rust FnaL e -hang bawid: nl the latest eers-�ziz fi^„lree,. T} Sim +, r�� � L yy Vit" =7- t ` cit �ftt?itfi had rwUklt2��� the ii��E�f'itloi3s 5011 are and the Board agrieed to accept the Supervisor's product which is t�eina Presented In 11al ing the shams"..... pzllt, Q partiss are not eortsidered. No decisions zlle reached tonight as this is just a irorl,:shop to give the public an opportunity' for input into the process. A public hearing;rill be held on October ?-`d, 200], at which time a plan; Will be selected. COP4 met on September 19'h and is recommending Plan No. 2 and Pian No. 7 to the Board. Supet-Visor of Elections Kay Clem presented the glans to the Board and th pinylic using _ the foilow�ing SunstFnar}' Sizeet of Proposers Plaits: Sheet of Proposed Plans :Plan I $ems rt aw distrief All n€Sebastian in one district (on.Ty pian %itis Sebastian in one - rest am split) Ss Ah County split All' Of west county in one district Purl 2 ' - Befit split in tree diEt icfz SSelzer mnsQy in on ---district outh-fu_Vpa?i ofrounty not split West County sprit on Sit do PL -M 3 S ..d - pin-_ two scilool trot-rl, M--nb= tagether Pt n 4 Bewh split in two G%V� C i ye ti:' c--- Easy $?Te -e South County split in three Wt -t! f'mmly spli4 can Sp 60 peacun lt ., Reach mostly in one district - Split at orchid town limits 5eba,stin-n sgl�-t o- C. 51,1tt Son& COMU-Y tets-€ty 4irr dFstrttit n OCTOBER 6: - The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bill Glynn, 1802.13arefoot Place, President ofthe Barrier Island Coalition and North Beach Association, commended everyone involved. on their efforts and their non-political approach to this excellent job. He believed that Map No. 4 makes the most sense and that Map No. 7 is an excellent secondary plan. He asked the Board to pay close attention to the state redistricting process as everyone is deeply concerned about this. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Stanbridge, that the Board approve Plan Proposal No. 4. Commissioner Macht questioned whether thought could be given to balancing populations as to growth rates, and Chairman Ginn advised that the statutes prohibit that method of districting. However, if there is an imbalance, the districts can be changed in odd numbered years. County Attorney Bangel noted that the Constitution says, with regard to population, "as nearly equal as practicable" while the Statutes say "as possible". Chairman Ginn noted that the School Board will rote on their choice on November 13, 2001. OCTOBER 23, 2001 -32- :lo•e each judge's sentencing avers es b -_Sete -t a cirrttii and a jLdf1e to cic their sentencing avera.;cs (sbown as number of clay; bri2ind barsj tor.Celony charges ince, d by. _ .. ... black deiendant ; cornpared to white defendantS. "SELECT.CiRCUIT SELECT JUDGE Schack, Lai Cr.'!nirei rartc;t'=+riev mus! c swain at Ieast i 0 ch, rfc's "bre, h race u, .'s• iiw!mfoi m, a.sentell ir: o-*ier,r r A—LL 1ST-DEGREE f I ALL.2ND DEGREE 'ALL'3RD DEGREE ! DRUG POSSESSION ii 0 q40 DAYS 2,OE6 ,DN.YS - DAYS 939 o --� r -- — — --I . BEHIND SAt?5 9, 73 DAYS c. a • 1,390 DAYS BEri1,140-8ARS BEHIND BARS B_itND BARS r BEHIND BART { i 655 DAYS i r l BEHIND BARS � a ..497 DAYS..... �.{.. ' BEHINR BARS 1 913 DAYS BEHIND BARS s - Ylhae Stack, Whit_ Brack - -� �Fr:i.. T - .,._-.....:.... _-.,..._.- - Back White White L 0. sentence spread 26% sentences read p 89% _ _.. Yr p I'.. ;•,".. )C. sentence spread t. 22w 4.%. sentence spread BURGLARY"'ROBBERY tii:. DRIVE �v>O.LICEN!E i.. lI ,206,DAYS 336. DAYSDAYS.l ; --- _BATTERY i.; BEHIND BARS j C t_. 3,410 t t EFdIND BARS ` BEHIND BAR, a L°Z J AYS 1 654 .Dr YS j a Et:Ht 9D B:u4 BEHIND BARS St DAYS_. i.. _. BEHIND BARS II ...,- Black.1Jhite __........ Black Whit_ Black . .. - White h Z.—sentence spread 30% sentence sosead 37%o sentence spread 4`Ne_'ri;fr+ersf5 La:u m=vc' Ex'plore each judge -'s sentencing averts es scicci J cif:,iln ilild"I iud�c to v1mv Their SCIII.CiiCino averaE!C �, - (�,Ijo%N 11 a!; 11U1111ler "daFN b�:hilld far felony Charge, incurred by black. (k-fCrkd,Lru, compared to SELECT CIRCUIT 19 SELECT JUDGE Bauer, Sherwood ALL .1ST -DEGREE ALL 2ND DEGREE- ALL 3RD DEGREE DRUG POSSESSION e,145 D,!,Yl, 61t RSBF-H811i) BARS 1,343 DAYS BARS BEHIND 3 r t I 5,159 DAYS BEHIND 8AR5 4.370 DAYS 462 DAlb BEHINJ) FARS BEHIND BARS f it 494 DAYS 81MOD BARS 'Black• WWze e t 21ak Black Black While 86% sentences pread 37% sentence Spread 70%sentence spread r1f Z02io sentence spread L ROBBERY DRIVE-vvo LICENSE BURGLARY BATTERY 40.649 DAYS 3,588 DAY_ BEHIND 84R, of 712 DAYS 3,9 JAYS FSEl'1114L) F;AR; I tS96 DAYS BEHIND BAR,' 284 DAY` Ml. jDAyj Ell IIIID BA PS Black whhe 5-41 % sentence Spread 49%.,entence spread Black Black While 2 5%,D sentence spread 3021-0 sentvr)c,, spread Large Gainful Employers The succeeding pages present ; a rather explicit picture of the Economic and $usmess population of the Counties Employment Industry. This information provided by the University of Florida Bureau of Economic Research is sound, while the actual numbers are relative. Unfortunately, the pattern of racism is a reflection of the preceding pages and the economic impact on the black community is devastating. The School District is the largest employer and the top three employees are white men. I was told that Indian River Medical Center does have one black man in the bureaucratic echelon. However, the remaining nine larger employers appear to be void of black male administrators or female that are known to this ????? Many refuse to provide the demographics which has left me to conclude they are no different from the norm. These stats paint a rather dim picture of the average income for the black residents of this county. What is known is the School District was ordered in 1994 to hire between 20% to 40% of black per annum. Page four of that Order signed by then, Federal Court Judge Clyde Atkins states "A significant effort will be made to bring the ratio of minority teachers in the teaching population in line with the ratio of minority students in the student population. A significant effort will be defined as a range of 20% to 40% per annum of all new hires and replacement teachers employed during the next three years and beyond until the proper ratio has bee achieved." Today the black student population is around 17% and the black teacher population is 8.4%. Today's numbers will equate to 114 black teachers short of the 53 year old Order. This blatant and outright violation of Judge Atkins Court Order is evidenced of the systemic racism • embedded in the School District which I'm certain exist. in all of the other employment institutions as well. Residing in this county for 70 years has provided me with the experience and insight to draw this conclusion. Page 10 of the 2018 Employment Information reveal that the average agriculture wage earner or the county, gross $33,733. However the average black citrus worker is less than $12,000.00 per year. I am sure that the gross discrepancy is the same with all other employees of this county and I've learned that it is a norm for this country. The truth is that this is worse than slavery. Could this be why our State Representative don't see the name Tara Plantation (her office building) as offensive? Without representation see what we see and feel what we feel how can we get relief from oppression from an oppressor? This injustice will continue unless you decide to make a difference. Evil prevails when good men do nothing. 159/-YI L� Incarceration Facilities The closure of the Indian River County State Correctional Institution in July of 2012 left the county with only one correctional facility, namely Indian River County Jail. The State Facility that housed 381 youthful offenders (for 30 years), ages ranged between 14-18 years of age, -suddenly realized in 2012 that they would not have enough inmates to fill the beds and that the State would close it, six other facilities and work camps. A representative from Indian River County Chamber of Commerce viewed this closure as a threat to the county's economy and expressed a concern for the loss of 155 jobs, the open housing as well as the loss of sales the local businesses would experience as a direct result of this facility shutting down. Amazingly enough, no one questioned why the State suddenly had too many beds for inmates that it would have to close six facilities all in one year. The only solution the county • could derive was an economic impact. No one saw the damage done to children who were imprisoned and the hurt that their lives would ,suffer for its duration. This philosophy continues to hover over a county that stresses punishing minority youth as opposed to educating them. Who is it that would file information on children to now place them into the adult system at the drop of a hat. This is evident due to the fact that the School Board remain under a 1964 Federal Desegregation Court Order to this day. A county who uses punishment of minority children as a business to enhance its economy. Presently the county has only one incarceration facility namely Indian River County'Jail. However each municipality has its own holding cell that is used only for booking purposes. The County Jail is staffed by the County Sheriffs Department has an inmate capacity of 453 prisoners yet its average daily population is around 556 prisoners per day. This represent a 20% 10' get-�a daily average rate. They employed 443 full time staff, 361 Whites, 51 Blacks and 31 Hispanics and one Asian American. Historically the law enforcement rank and pattern itself after the military or armed forces. Too often racial biases influence the failure or the success of each Institution's personnel and again, minorities are losers. As it is, with the prison population, Blacks are the first policed, incarcerated and often unjustly given longer sentencing. Within the employment sector, we are the last hired, -first fired and the last promoted. The Sheriff Department, as previously stated, has approximately 443 active employees. Of the 361 Whites, there are 24 Sergeants, 10 Lieutenants, three Captains, one Major, 8 Detectives and two Nurses. Transversely, the 51 Black employees have five -Sergeants, one Lieutenant, Zero Captains, one Major, 0 Detectives and two LPN's. One Deputy has been with the Department 33 years and has never made -rank. When 1 -was in Vietnam we could not be issued a weapon if we were below a PFC rank. How can one work 33 years and not be promoted? Don King would say "only in America." I say, "only in Indian River County." Alteria Woods is Indian RiverCounty's "Breona Taylor." The only difference is that she was said to have been shot 18 times while sleep. 10 times more than Breona and her death was attributed to her companion: If justice was justice, why would it have to be reformed. Get your knee off of our necks Indian River County! Taxation without representation is tyranny. Until blacks lives matter, all lives can't matter. The Indian River -County Fite Department is worse. It has never had a Fire Chief nor Captain. Of its 280 employee only three are Black. They have never housed more than four at any given time, yet they are paid by much of the tax dollars generated from Blacks in the county as well. 5914 Vero Beach Police Department has only one Black in its entire department. Fellsmere Police Department has never in its history had a Black employee. Sebastian Police Department have three employed. This is a pattern of systemic racism that has become a norm or a way of life for this county as well as a hindrance to the will of African Americans to aspire or even dream. We must get representation to aide in the decision making process that affect the health, education and financial prosperity of our people. The present oppressive system will never suffice. • 0 It r • 08118!2016:53 INDIAN RIVER SHERIFFS OFFICE Pa e 1 of 1 Minority Report 9 pr671_pg.phpf4gb No 76021 USER` LTURNER As of 08/18/20 v 4s lla u 13 10 1 94 100.00% 18.93% 30.18t 0.00 % 1.78 % 2.96 % 0.00% 25.44 % 69.82 % 0.00 % 7.69 % 5.92 % 0.59 % 55.62 % HAM IDEA= CIVILIAN Total minoritj*- Total -tale Total �: :. Asian .. �. Black .. Hispa American = Indian ��.� White � FemT-I ToAsian Asian -Black Hispa American Indian White v 4s lla u 13 10 1 94 100.00% 18.93% 30.18t 0.00 % 1.78 % 2.96 % 0.00% 25.44 % 69.82 % 0.00 % 7.69 % 5.92 % 0.59 % 55.62 % �O Z4 0 188 61 0 19 6 0 36 100.00 % 39.74 % 80.45 % 0_96 % 11.54 % 7.69 % 0.00 % 60.26 % 19.55 % 0.00 % 6.09 % 1.92 % 0.00 % 11.54 % ]OLLE IDEA= - .. SWG3tN' Total }Iinority - Total. -Male �. Total - - Asian - - Black .. Hispa- dmerican Indian - White. Total Asian Black _ Hispa American' Indian - White �O Z4 0 188 61 0 19 6 0 36 100.00 % 39.74 % 80.45 % 0_96 % 11.54 % 7.69 % 0.00 % 60.26 % 19.55 % 0.00 % 6.09 % 1.92 % 0.00 % 11.54 % - - os 11 u ZJt liy u 32 16 1 130 100.00 % 51.98 % 62.79 % 0.62 % 8.11 % 6.03 % 0.00 % 48.02 % 37.21 % 0.00 % 6.65 % 3.33 % 0.21 % 27.03 % . - .. ALL E"LOY&£S :.Grand' ..Total .: -Grand Totaa Minority,; Total -. Male --'Total--Asian :' - - -black Bispa American Iaeiiae - . -. White. Female Total Asian Black8ispa ...-Indian :-. .White - - os 11 u ZJt liy u 32 16 1 130 100.00 % 51.98 % 62.79 % 0.62 % 8.11 % 6.03 % 0.00 % 48.02 % 37.21 % 0.00 % 6.65 % 3.33 % 0.21 % 27.03 % vol ZZ)0 481 3 -11 45 1 361 100.00 % 51.98 % 100.00 % 0.62 % 14.76 % 9.36 % 0.21 % 75.05 % . - .. ALL E"LOY&£S :.Grand' ..Total Minority_ - Total - :islnp.1 - Tatal - . - .Asian - .-- -Black' :..Hispa .American' Indian -White, vol ZZ)0 481 3 -11 45 1 361 100.00 % 51.98 % 100.00 % 0.62 % 14.76 % 9.36 % 0.21 % 75.05 % - - *mow. iO kk T W�iSH - lNG�t3N SUB[3NSDOitil�j ' :. > P - re - fe ire d� - I - tati®n Arcitnre Center; iRdian' Ricer County Main Lbra ry' Vero .r Beach, Foricla. =z L. _ 4: anon. Parnefa�i:'Coaier a,: Det :=lel cid 5, 2131ccessian Flo AcquIsMon in fo mratttoR !•Piovenance. °-NIA ' Creator A rcitiv e: - - Cen- - te n±� r - 1 nc1' - i - an - Riv ' er- oun :M� - a' ra Y? <, Staff _ ff and dw- or tiii - to - . - - c,. R e pos iso ry _ _ - B- b.. - ln - ran _ Riv - er - - C - 0 u Ma' - n L' - r ;r �{ VVf'f - Sireei; Veco.Beach :. .. F,londa 3 29' Te! e h e•- a72-_ - R .7Q S' - - 0 - 6Q Email genealo incl' :},: r " Locaion Arcr :GenaogyhieCpeparthie,"d Indian River Couiity.tUlain; Library _ gra rt" e m iiftceffaneo - - - us' articles in; - - s1e v - . e esiand- - Rews a e�;c T - separate #ofder,in_cflio-nolo gic8) order• guage v _ _ !i Sh - s Dates 1913-1978. 2.Theronginal.sp�llway;ongma#ed Histor icm N ate ; 1:.. _ - when fhe,riam in•the fVfaih Cairal u was dynamited in' 4 94.3. By 1917, a new-subdivisiori °.was lard! out :called Bookei.T. lNashiii&n.:thisarea:had .:' nCinler-Oba buries;. churches; several roce s#ores and a ll4uor store It was a lace `: ,; 9 . ry:.. P where the citrus grove workers and 1heik. fatniite could -inre Thep were •#rainsierred.each datr jo B9�_.ieroklOs roost:: buildings we gone. Scope a:coiftnt Miscellaneous dill s, ma 'cte ps;-census agd riewsFper.elilpi.. s`- index Terhis 3ndian:Rw'-e.�: oun fIa.')— tl (.. :enealagy ' . Vero Beach Indian River Caunty;. Fla } =History Spillway, lndran River Coun#y, Florida Bo'�:' okorllastiirigtori Subdivision, tlero:geach, :. .:•:`,:._,= lndfisn River Co int (Fla. —/History Mairi.Danc Vero Beach, Iridian River Cvurity; F!: Indian River Farms .i7rainage District JQfriE n 1011iiiYitiility • 8/20/2018 Indian Rivet. coup Main - �8f�/, �1fd1iV9 C t9r, eM Beacb,_F4 • 0 - L�s-'rlg r3 ii C o .r, r ty3 tn. Fivr kttx� �t u yJc c2., 5..=i-:ar , ra:actal-.R{%pu2�i+t+a. • - � [i^T.�tS4 {:3+..'X3. .,iii YS �. T�ASYtIIi i:L-yYf�)F• r ALA a^ xs jj PPP srv,-q-k L aft i • • Summary of Census from 1980 - 2010 Demographics The 2010 Census as previously mention. saw a sizeable increase of Indian River County of 22% over the 2000 Census. The succeeding Demographic Charts provided by the Community Development Department present a picture of the growth trend from 1980-2010. However the historical areas where Iarge concentrations of blacks live has decreased except for the Gifford Township. While Wabassds population has drastically decreased as a result of the condemning of houses the confiscating of land for taxes etc., has forced many to migrate to other areas like Gifford and the so call 'South Vero.' The Fellsmere population has drastically transcended from predominantly black to Hispanic because of its farming and citrus industry. In the 70's and 80's there were enough blacks to elect black officials but because of these elections it is my belief that anger and hatred imbedded itself in the heart of the white citizens and a concerted county wide effort was conspired to prevent it from ever happening again. This led to the attracting Hispanics in and forcing blacks out. Please see Chart on Qualified Workers provided by the Supervisor of Election. The following Demographics and Voters Precinct Charts will support the above views. However, due to a lack of available information the views may not be completely substantiated. 99/ -16T �» E I Gn ./. / � . � � ms cc 7 sitalum- 'A It , V"ftw ap sw tMeei A. Get In UM& now-fro-sm In wM ba psemaftff At am fu U *UMM'b MIA feam me I*. - at • tut r MGM -am IW to e&mwmt,oa amw or "bo mom In ad&xft - "In um UM Less l, i fun.tart bixwpmradm dc -a cc and to sadwa or jw an - Py uwvlmg 04 mRstw in W & - A.09 Mm— Pc Maua e!at . -. - fical ON& be M-b"ZO-.0ow is fw =ftnftmr. At 1p It, ms cc 7 sitalum- 'A It , V"ftw ap sw tMeei A. Get In UM& now-fro-sm In wM ba psemaftff At am fu U *UMM'b MIA feam me I*. - at • tut r MGM -am IW to e&mwmt,oa amw or "bo mom In ad&xft - "In um UM Less l, i fun.tart bixwpmradm dc -a cc and to sadwa or jw an - Py uwvlmg 04 mRstw in W & - A.09 Mm— Pc Maua e!at . -. - fical ON& be M-b"ZO-.0ow is fw =ftnftmr. C12 the press 1otAnat .Shy, $, mr BARRY ' BRBJTBN .GIFFORD BWk • Church bff oil by Faith, ry8550 58t1t Ave., and Elder - - . • comes. Charlie Jones,pastor, will has# a.�evival at 7�(! p1il. - [ : elf _ .nightly frozit Feb. 10 I4, i�a- (7infAnd "RJL1- R l.� '�ivon Parts, For mar�e� 'icon; call 589-2670. � Blac2s M a tiaryme m coamnemo- St. Elizabeth Church of De- �liverance , idte,A$ICBII-d who 447529th Ate, and 3LThop Orville-Peterson Sr., }" have changed the world. Cel_ 6ra#ing black h day began ;pastor, will sponsor a cll0rCh n when Dr. Carter G. :bftaar, from 10 son. to 2 pmL ►!.today. For snore inftMW fan I�Voodson, a HarVarditp, initiated a week-long obserR 3 the evens, calf ance,.which in i976 was ea • - treaded to 4 month in oiler. to -n ofGiffbr dws once :-7 ; . , have enough time for eele� bratgrg programs and acttvi Y : foul, anAiY% Q. : ;{ice,tt%i�ueri_cari?ffyou didu'tr St. iNiatthew's IVFissio y Ci�9 tai Buj , Kwan2aa coon- -dinator at the Gifford i Baptist Church, 8590 64th ' Ave., Wabasso, and the Rev (Aquatic Center, will educate . ;Jerome Bell 13e1i Sr.; pastor,� you on that and other little-k-... ,}noown nuggets of black his- - jw..i.,l,t�.L _ uWM*e Black History t ofith' . Scmday with a youth min- � `."a Ya along with ebaborating - ion 3►=spoasoredprogram-: The-bms`s theme is G%e-:' 021 more popularly r6corded. events c,EAfrIcan-A�netitns, � :. im {hn fast, Loog :fl'01n•6 p.m: tao: 8 pni. each Thursda`y'(Feb. 6, A 20; and " :rng 1bWwd Qur Future." i The Rev : and auo�r. mim . will o�Ci:-' The sessioiia are spoir - t h, I ate. Afriewattire is re. = 3 Quested. s lW ft b' Aiid Ricer tY ItiUli . , r Bethel 1Meth- `,iment4 c sQNev - odist Episcopal Ch:urhLW5- _ .'38th Lane, and the Rev. Dan- •tion, lei Brows, pastor, will ob - Bojoi wi'II also resent a' i SM Ve its 35th emival honwL. - 4 black hist �! iCD� Ses vif� jj u ' - aan. Feb 9. The guest. ' ' Vince designed especially for jgildtm_The.:next class is `' :speaker is the Rev, J. R . - ,'uesdai:the fee is5fir the ;McFadden[-of WestPa , 'Bea& monthtF&more iafa a bion' r�'770.5= Dinner• willIle- wed. i folIoWmg the servics.- .... . ' i " An l�A lt3P Ineeting Will: '. ' . New Bethel willpresen# its ;beheld' # 7 pan. onMria - annual black hist0rYV o- :day at theG116rd'Commu. TMM thit�g the 1La L ?dlY Center. - ;ship service onFeb.16. The BarryBriixionrtes aihouf }Prowl's thecae Is -A Tr-b- =(,f5r-d and sutr mdU7g :ute to Black Americans." :areas eachSaolay. fihe 'The gstspeakacis:Denny ;deadline is Wedrda0+sni! 'Hart, ministerat-Friendship >" pxL Send bUbmu tic n to 1 NBC. Dinner will be-sery l 504M or {flsnecu- ;following the-serv6. Aim i;an attire is.rEgiiested. Cenla pr r IRC iStor V l ,Evans is the program's. �. IM Vero was- thea chiefly noted for the fine quality of the oranges and grapefruitproduced Refuge for shipwrecked mariners on the ocean in the near -by groves. Mr. N. O. Penny had ' shore opposite the mouth . of Bethel . Creek. " donemorethan anpothermantospreadthe fame Louis Stoeckel, a brother of Chanes Sf�oecgel of the town by pasting a label on every. grape- (the first keeper of the House of Refuge) fruit shipped and built a home the '-'' - from his grove. of. land that on river side of the strip i separates the Indian River =. , from �.-.:., . He-wastheori- the ceean. Henry Weis was the nett arrival and he also built a home on the peivasula, ganaior of this , custom -and I The summer of 1887 brought T, C. Bass S. T. - through it the Hughes and H� ifford, ' They ,-came >ri name, of Vero down the river in sailboats and took ilp land becabae famil- across the raver from the peninsula -_ ,.:near the . tar to many site of the present town. " lovers of extra.- For man �e -grapefruit y yea's Mr. Gifford. was elle leading :throughout citizen of the, community., He was.'"' of the first to see the possibr"lrtr'es of this the East. In- locality' He . . dianRiverfish, . established. the first store and was the:+fawn's veget$bles, first postmaster. He started eatensiee-groves pineapples and and was a progressive citizen in eyery way... lumber were When the rail- t road came, tii�-other prm- •.�; �'�:��� _ *:"? : •r � opal sales pro- T �.�, �s ,.: •F ' ;�� - = - :r IM HIM sae, `ductsandquite . the aha- �a Duh sk racle i tah�''ehefaame °oma•' • PMt of Q•b•e, can.,.-- a number of lnaf r+ 6d& arae.o the vegetable ofsi%roaarlthe a growr'is:: "know as-, wn .. ..;� ;� •� . Fourteen milestQ fihesquth is WOT. Fort fierce; the .untY`sgat.;sof:St::..Lucie (;ouniy,: ia=which county Vero g�is. located , Beach,': the eGl�ord»�,The: fry's most famousWinier.. Resort,'.lres :gr, eve : srgfy,h ricer .farther down the coast = Y mt 61 f r ,c A �VTgi,. #die ;v road,"i the .Iridian Plantpd a e River for a distance af.about'a rile,`atid ;alioizt' < ;`'-.st11_in�=tie' a half mile east ofd the .raver , is .the :Atlantrcthe ` Pat Z,hrough{ Fero, north and sbutenc fy aiid'his�' "" Wii{j� t1 s.;`dnmiotis • :Ai Montreal _ ' flhicii-=:pass` �: fihousands � of . 'autbmobrle _ Giffot�l,helped each year. to -PO $IIS: was_r the eh Bon @ ' FO'nearri` c t+ awx r i sew. i `E Nk T of;rl� gears': them'. $as been a � f kdax test �;; � e.: ttiemeiit'at Vero. �Tt foIl.,_ 'Mrs. G f one shortlV, after- aaada s • Ieadmg of the'establishnamt -of a Government : es -;on � ticnitorSl' • • HOUSe of �• i Sabjet. `�S• '•i:. ,• � _ _ . , _ . _ Kr - v -- w,r,�<.�ri;'4�tF 5 � Y d r j . • - ..- ^-•z•.c.-•--:a ,� •-''�_� F "�"_,•`�+"T-x.'.'� - s� yg+.��,j�.y- - HJstO w t y,.,e s. h �� X e �,s� •a2'..'` "fix-' *�-2<- a3- -1�ti},-s• f � ,,r�r _:.-:. . , ,,;+.- :..... . `'F .! : "!''� 4yr` ^, r.r' { _ :,r V. -;fit Nr. s- �-�.. :.� i-. - �, ... ef�l .:. :^;:. `,:. Vii, % � bx` . F_ :,!sy ,� :rt '3 ° :,s - s �.��".��+&.x:2','t h . ? - :, ;,., tav�:.,_ . r;• -x• i.,t s a?, ?L. y,� -+' t. -Fjwz. ..3'i a;= r' �'` •.?iY g';r - "vs �.e,-_ .i :%'fK •3-° t" _fp �.t ,.r+'S.1, i ,,, ag ;fi•7-, U .-I :,f 3rw x F.-11��.S; CC _ . :: :.. ..! .: .ary-. ..- .q.5.. t ) '� "-. _i. .'. i:• �p�11 4 - z:.rl t::L'•'': -C' 7. ,. t l�..v .i `%1 y.d.. S :tiv` -':•4'i� u•:� {a� a° , ,.•.,.- _ .. :.. .. .. :.: , > r .tiff+� .., v - :a.: as.,,k ,_:§ d. - ... .. e n... a-. -...:..- ...:.,,:... - .%h's. < . F.:'-??:,� . _ _ _ '•�!F'•Sr p ,.. ... ; ',. ::. e i_I'l.. .. 0 ±,�� :.::.,64 'I'.R..,, - .v: - - 1 ... ...- .. .. f , n .. , • ..., ' ' - -IGC. :/n� ..,. I.�, .. ... .,. .. '• 0. 5 :.d W nf4 .:'i'»',-'},£:�.::'G'>::?;_....;%�i,f}, (:': �F, r e>vt-i. 3. Sett- !.. Ossabaui IslanI.d, GA`settted there an 1898 Wabasso s �ssaba�v��Iled - }t s,:._ .� •I ..:.T..,,.,'.-. ; `< backwards; (C'hanges by Kathy P ckel, 2 985 and lorrda's Hts1ortc Incitan Ittve Cotaity A �RtA 11.1,41 1 k� 4 by'Charlotte Lockwood.) l ;� rM r iE- �. l .L,: !' 4 — r. '', ; f' r a ,., a F m the w ya= ebsrte . "The'. :::: `. Ossabaw Islam ' ,., . _ d F.,oimdation, ; ,,;_::%..;:3 . I. .. • _ .. i. .s.. _. .. t a . ...': h -. . :: :': 7. ._ ossabawisland or _ ,:...: �= �� �--:.�',:.:`-; .. . : i :::')::::: 5;° .� :a=r:.:t: aG ?,�+ . ^5: , ti> `, , ",, . :, i $ , The"word' Ossabai dern! � V • R t � R SCAN 1 11•t; L�. • � b I HI • LEGEND: •�•RD s � ? ' •aw3 —��� tf! a } Nor s +...+........ *"as w.atz a m7c..cs frli•1cy taurauq .�M : Lswat ' 4 I o"O" • —mu L -RS MAS 5t ow t4 CIL GJL .7 �i3 ? � • VVV YpA M $0 t w: n AuCs -- ♦t ' 1 f - _ •� +'?1g. 'i4. &A"QR 'COO e _ 6� ta+ ��� �!"• 1 t „ :1:! a !3 - y ; + f6 ftuDtin•.s ,a t , i p l jev. ti v VWTACI! r i : s_: a ! _ ;•-� i n. -- - - ;--A _3 P % .D� t _ i' - _ d Y� Bucy9 Q • 13 x111; _ r.F '� { +J 2 + 3 1f a !' tJ , CITY ars %"A%S S M t x m 1`+' i 1{it t ♦i ► -__ _ P -.S. Vows 2 n f44 i a 4 t�9 vMaa3ati a,a Ir i S t4 S ko 3 'a ►` 2!7 t o ttw fi .I� r 13 1... � 3 i I a 3 1 � - t« t •. . s T •3 ! ' ,a fes { to f _s y.Z • -` I _ ..e a 1 _ 44 a FRO AG � _ N el ra • i� i t s ' .�"--}--rte._ • 3' ft it 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: Anthony Stewart, President of SCLC, IRC Chapter 5835 59th Ct, VB ADDRESS: PHONE: 772-925-4412 Single Member Voting Districts SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? /7] YES ❑ NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Approve and allow single -member districts and voting in Indian River County. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? E YES Z 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 N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Aug 17, 2021 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: Johnny Blayne Jennings IRC resident ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: Single Member Voting Districts IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES F-1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Approve and allow single -member districts and voting in Indian River County. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fv/1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Aug 17, 2021 /o6y. 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: Brother Gary Johnson IRC resident ADDRESS: PHONE: Single Member Voting Districts SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Approve and allow single -member districts and voting in Indian River County. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE N/A REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone F-1 YES z NO COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Aug 17; 2021 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Bill Schutt, AICP; Chief, Long Range Planning FROM: Matt Kalap; Planner, Long Range Planning DATE: August 2, 2021 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 17, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: September 14, 2021 Hanlex Development, LLC's Request to Rezone Approximately ±2.34 Acres from CH, Heavy Commercial District, to CG, General Commercial District, located west of and adjacent to South US Highway 1, approximately 250 feet south of Highland Drive SE and approximately 700 feet north of 23rd Street SE and east of the FEC Railroad [RZON-2003090259-89653] (Quasi - Judicial). RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No. action is needed at this time. 885 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: August 9, 2021 SUBJECT: St. Lucie County Letter of Support Background In July, St. Lucie County Board of County Commission Chair, Chis Dzadovsky, sent a letter to Florida Department of Agriculture and Consumer Services (FDACS) Commissioner, Nikki Fried, regarding water pollution caused by Class AA biosolids. The letter is attached for your reference. It has been requested that the Board of County Commissioners (BCC) authorize a letter of support for St. Lucie County. Recommendation Staff recommends that the BCC review and approve, or approve with modifications, the draft letter to be signed by the BCC Chair and sent to St. Lucie County. Attachment: St. Lucie County Letter to FDACS re. Biosolids IRC Proposed Letter of Support E"111 LUCIE 5_�l ST. LUCIE WORKS Chris Dzadovsky I County Commissioner I District 1 1-2300 Virginia Avenue I Fort Pierce. FL 34982 %. (772) 462-1410 M DzadoyskyCCa7glucieco.887 (772) 462-1428 M (772) 462-2331 Qwww.Educieco.gov, July 1, 2021 Board of County Commissioners Delivered by U.S. Mail and e-mail (Nikki. Fried@FDACS.eov) Nikki Fried Chris Dzadovsky Florida Department of Agriculture and Consumer Services DISTRICT 1 Chair Plaza Level 10, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0800 Sean Mitchell DISTRICT 2 Re: Water pollution caused by Gass AA Biosolids Vice -Chair Dear Commissioner Fried: Linda Bartz DISTRICT 3 St. Lucie County is committed to the protection and enhancement of Florida's waterbodies. The County has spent more than $70,000,000 on floodplain restoration and other projects that are designed to improve the water quality in Frannie Hutchinson the St. Lucie Estuary and the Indian River Lagoon. As the Chair of the Board of DISTRICT 4 County Commissioners, I now respectfully request your help in protectingthe lakes, rivers, and estuaries throughout Florida from the water quality problems caused by the unregulated use of Class AA biosolids. Cathy Townsend DISTRICT 5 Biosolids is the term used to describe the sludge produced at domestic wastewater treatment plants. This sludge is often spread in fields (land applied) and used as fertilizer because the sludge contains significant quantities of nitrogen and Administration phosphorus — i.e., the nutrients that promote harmful algae blooms and eutrophication when they enter Florida's waterways. The land application of Class B biosolids is regulated by the Florida Department of Environmental Protection Howard Tipton ("FDEP") pursuant to the FDEP rules in Chapter 62-640, Florida Administrative COUNTY Code. However, the land application of Class AA biosolids is exempt from those ADMINISTRATOR FDEP regulations. Although Class AA biosolids are treated to reduce the pathogens in the sludge and to reduce the sludge's potential for attracting vectors (e.g., insects, rodents), the treatment process does not eliminate the nutrients In the Dan McIntyre sludge. Consequently, the land application of Class AA biosolids releases nutrients COUNTY ATTORNEY into the environment and thus poses a threat to water quality. The FDEP records indicate that approximately 200,000 dry tons (400,000.000 pounds) of Class AA biosolids are land applied in Florida each year. Unfortunately, the FDEP does not know where the material is being used or how much material is used at any location. Without this basic information, the FDEP cannot accurately determine the impact this material is having on Florida's water resources. Chris Dzadovsky I County Commissioner I District 1 1-2300 Virginia Avenue I Fort Pierce. FL 34982 %. (772) 462-1410 M DzadoyskyCCa7glucieco.887 (772) 462-1428 M (772) 462-2331 Qwww.Educieco.gov, St. Lucie County and others repeatedly requested the FDEP to establish tracking and monitoring requirements for Class AA biosolids as part of the FDEP's recent effort to amend the rules in Chapter 62-640.' Notwithstanding these requests, the FDEP continues to allow Class AA biosolids to be.land applied anywhere in Florida, virtually without restriction. The FDEP contends that it cannot regulate the use of Class AA biosolids because the biosolids are fertilizer. The FDEP claims that the Department of Agriculture and Consumer Services ("Department") has the exclusive authority to regulate fertilizer. Given the FDEP's position, I believe the Department should adopt rules concerning the use of Class AA biosolids. At a minimum, the Department should require the producers and/or users of Class AA biosolids to keep records identifying (a) the locations where the Class AA biosolids are used and (b) the quantities used at each location. This information should be reported to the Department on a quarterly basis. The Department should share this information with the FDEP. These recordkeeping and reporting requirements would impose minimal regulatory burdens, but they would provide information that is essential for the protection of Florida's water resources. On behalf of the residents of St. Lucie County, I would greatly appreciate your assistance in addressing the use of Class AA biosolids in Florida. This is an important and timely issue for all Floridians, who are dismayed by the harmful algae blooms that are devastating Florida's waters. Local, state, and federal agencies are spending enormous sums of money to remove excess nutrients from Florida's waterbodies. It would be much more cost-effective to identify the source of those nutrients and control them before the nutrients are released into the environment. Please feel free to contact me at (772) 462-1410 if you need additional information about any of the issues discussed in this letter. Thank you in advance for your careful consideration of this request. Sincerel / L Chris Dzadovsky, air St. Lucie County Board of County Commissioners cc: Board of County Commissioners County Administrator County Attorney 1 During the FDEP's rulemaking process, the FDEP was asked to address Class AA biosolids by St.. Lucie County, Brevard County, Indian River County, Martin County, the Treasure Coast Regional Planning Council, Florida Audubon, and the Everglades Coalition. 888 2 BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher Chairman District 2 Chris I St. Luc Chairrr 2300 Fort Pi Dear C On bet a recer Nikki I use oft For ma the Ian Depart resider Indian resour( apart( Sincer( Peter O'Bryan Vice Chairman District 4 z � ORN Susan Adams District 1 Joseph H. Earman District 3 Laura Moss District 5 Joseph E. Flescher, Chairman Indian River County Board of County Commissioners CC: Indian River County Board of County Commissioners Jason Brown, Indian River County Administrator St. Lucie County Board of County Commissioners Commissioner Nikki Fried, Florida Department of Agriculture and Consumer Services ter in support of es Commissioner rhe unregulated the reduction of ith the aality for all i important pportunity to be 889 lb8 AVER C °oma Office of the INDIAN RIVER COUNTY * * ADMINISTRATOR OR1D� Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator PREPARED BY: Kristin Daniels Director, Management & Budget DATE: August 9, 2021 SUBJECT: American Rescue Plan Act of 2021 - Spending Plan Revisions BACKGROUND: On March 11, 2021, President Biden signed the $1.9.trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United State's recovery from negative health and economic impacts of COVID-19. Indian River County's ARP allocation was originally anticipated to be $31,292,756. Funding will be awarded in two phases with the first 50%, or $15,646,378, being awarded within 60 days of the bill being signed which was scheduled to be sometime in mid-May. The remaining 50%, phase 2 allocation will be awarded not earlier than 12 months after the date on which the first allocation was paid. The County will have until December 31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust funds. Use of funds as outlined in the bill text are as follows: "(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, oraid to impacted industries such as tourism, travel, and hospitality; "(B) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; :'1 "(C) for the provision ofgovernment services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or "(D) to make necessary investments in water, sewer, or broadband infrastructure. As with the CARES Act, additional guidance will likely be forthcoming and may change multiple times over the next few months and years as the pandemic evolves. ANALYSIS: The originally estimated amount of ARP funding the County was to receive totaled $31,292,756, however the approved amount totals $31,063,168. The decrease of $229,588 from the originally estimated amount is detailed in the following table. The table also illustrates the proposed spending revisions per the categories outlined in the bill, with the exception of Constitutional Officer Expenses. As shown below, $15,531,584 or 50% will be prioritized as Phase 1, with the remaining 50% reserved for Phase 2. Because Indian River County municipalities were awarded direct funding under the ARP, they have not been included in the proposal below. Items such as mortgage/rental assistance and the rapid credentialing program have unspent funding under the CARES Act and have therefore also not been included. Details regarding individual changes are itemized over the following pages. Spending Plan Expense Originally Proposed Revised Category Est. Revisions Phase 1 Phase 2 Total Expenses Respond to the Public Health $7,355,750 $1,560,000 $4,967,172 $3,948,578 $8,915,750 Emergency Workers Performing $1,022,006 $750,000 $1,400,000 $372,006 $1,772,006 Essential Work Reduction in $6,000,000 ($2,585,966) $3,414,034 $0 $3,414,034 Revenues Water/Sewer or Broadband $11,500,000 $0 $3,000,000 $8,500,000 $11,500,000 Infrastructure Constitutional Officer $5,415,000 $46,378 $2,750,378 $2,711,000 $5,461,378 Expenses Total $31,292,756 ($229,588) $15,531,584 1 $15,531,584 $31,063,168 891 Respond to the Public Health Emer2ency Staff is proposing an additional $1,560,000 in funding be allocated to this category, bringing the revised total to $8,915,750. As the bill states, "(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, oraid to impacted industries such as tourism, travel, and hospitality; Staff is proposing $75,000 be allocated towards the COVID-19 Sick Pay benefit. This benefit is being extended to employees who were hired after August 1, 2020 and thus did not receive the initial 10 days of paid leave time under the Families First Coronavirus Relief Act (FFCRA). A $15,000 reduction is being proposed to the Munis Modules to Support Teleworking line item. After further review, staff has determined that the initially proposed Purchasing Card module, which was intended to automate the Purchasing Card function by eliminating the physical handling of receipts, will not be implemented. In an effort to address the negative economic impacts COVID-19 has had on the lower-income population, as well as the Tourism Industry, staff has had discussions with Indian River State College (IRSC) regarding purchasing the Fellsmere Inn property to use as a satellite campus. Purchasing this property, which is located in a Qualified Census Tract (QCT), would provide an opportunity for the Fellsmere residents to have easier access to an educational facility. Plans for the campus include operating a bed & breakfast facility, ran by the students studying hospitality, to provide hands on experience in the hospitality sector. The campus would also provide additional classes outside of the hospitality industry to assist the community in learning English, certain trade skills, and other applicable areas of study that would most benefit the community. Although this project would be a great benefit for the community, the County's ARP consultant, Witt O'Brien's has cautioned staff that this project remains at a high-risk level for obtaining reimbursement from the Treasury. Witt O'Brien's is concerned that there is not a substantial enough nexus to COVID- 19 and that renting a facility would be a more conservative approach. Staff is presenting this option as a placeholder for the time being, until further guidance is released and staff is confident this project will be an ARP eligible expense. Workers Performing Essential Work An additional allocation of $750,000 is being proposed for First Responders' Worker's Compensation expenses. With the recent rise in COVID-19 infections, these expenses have been increasing and therefore additional funding is required going forward. Reduction in Revenues On July 19, 2021, the Treasury issued updated American Rescue Plan guidance. General Revenues are the only eligible revenues to be included when computing revenue losses. General Revenues are based off of the Census Bureau's concept of "General Revenue from Own Sources" in the Annual Survey of State and Local Government Finances and includes revenue from taxes, current charges and miscellaneous general revenue. It excludes refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, agency or private trust transactions, and revenue generated by utilities and insurance trusts. In addition, revenue losses must be calculated 892 on an entity -wide basis, versus selected impacted funds to allow for consistency in reporting amongst all ARP recipients. A growth rate must be determined by comparing the average annual revenue growth over the three fiscal years prior to the COVID-19 public health emergency or default to the national average growth rate of 4.1%. Indian River County's growth rate was determined to be 6.74% once Federal grants, Utilities, Debt Service and Internal Service revenues were removed resulting in a total revenue loss of $19,785,591, which would conservatively cover the $6 million originally approved by the Board on April 13, 2021. Per the updated guidance, revenue losses must be spent on government services. Government services can include, but are not limited to, maintenance of infrastructure or pay -go spending for building new infrastructure, including roads; modernization of cybersecurity, including hardware, software and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire and other public safety services. Paying interest or principal on outstanding debt, replenishing rainy day or other reserve funds, paying settlements or judgments, pension deposits or non-federal match funds for grants (excluding FEMA) are not considered provisions of a government service, since these uses of funds do not entail direct provision of services to citizens. The County uses several forms of revenue to maintain, improve and construct roadways. Optional Sales Tax and Traffic Impact Fees are used for the capital improvements to roadways such as widening and adding turning lanes. These revenues cannot be used for general maintenance of roads, such as repaving and restriping, and thus Gas Tax revenues are used to fund these expenses. Unfortunately, Gas Tax revenues have steadily decreased over the past few years, and are projected to continue decreasing as vehicles become more fuel efficient and electric vehicle purchases increase. Resurfacing of the County's roadways has been limited due to the reduction of revenue. Additionally, materials for roadways are increasing at a record pace. The use of ARP monies to fund resurfacing and restriping projects would benefit the Gas Tax fund and provide the County the opportunity to fund additional projects, while accumulating the traditional Gas Tax revenues. If several large resurfacing projects were paid for by ARP funds, money would be available for the ongoing maintenance of other county roads. This would ultimately prolong the unavoidable move to begin funding roadway maintenance with Transportation Fund dollars, which are largely funded by transfers from the General and M.S.T.U. ad valorem taxing funds. As mentioned above, the originally approved Revenue Loss category totaled $6M. A reduction of $2,585,966 is being proposed for this category, bringing the revised total to $3,414,034. This reduction is necessary to support the potential Fellsmere Inn purchase, requested increase in Worker's Compensation expenses, and the $229,588 reduction in funding from the original ARP award estimate. Staff recommends the allocation of $3,414,034 for road resurfacing and restriping projects as detailed above. Constitutional Officer Expenses The Supervisor of Elections has requested an additional allocation of $46,378, as stated in her Fiscal Year 2021/2022 budget request. This funding will be used to purchase additional vote by mail materials, staff to process these requests, an annual license for a new postage machine and extractor acquired as a result of COVID-19, as well as additional staff to monitor vote by mail M. drop boxes. The Supervisor of Election's Office experienced a 90% increase in mail -in ballots processed due to COVID-19 in 2020 and expects this trend will continue. RECOMMENDATION: Staff recommends that the Board consider the proposed spending plan revisions (see attachment) as further detailed above totaling ($229,588), consider any changes, and approve the attached plan (with any amendments as needed). ATTACHMENTS: ARP Proposed Spending Plan •I. Indian River County American Rescue Pian (ARP) Act Spending Plan Initial 50% Allocation $15,531,584 Second 50% Allocation to be received May of 2022 $15,531,584 Total Allocation $31,063,168 Pro osed 5 ending Plan Revisions Originally Estimated I Type of Expense Expenses Proposed Revision Revised Total Phase 1 Phase 2 Total Constitutional Officer Expenses $5,415,000 $46,378 $5,461,378 $2,750,378 $2,711,000 $5,461,378 Clerk $1,000,000 $1,000,000 $500,000 $500,000 $1,000,000 Sheriff $4,000,000 $4,000,000 $2,000,000 $2,000,000 $4,000,000 Property Appraiser $15,000 $15,000 $4,000 $11,000 $15,000 Supervisor of Elections $100,000 $46,378 $146,378 $146,378 $0 $146,378 Tax Collector $300,000 $300,000 $100,000 $200,000 $300,000 Reduction in Revenues* $6,000,000 -$2,585,966 $3,414,034 $3,414,034 $0 $3,414,034 Workers Performing Essential Work $1,022,006 $750,000 $1,772,006 $1,400,000 $372,006 $1,772,006 COVID-19 Overtime $100,000 $100,000 $50,000 $50,000 $100,000 Emergency Services District Expenses $650,000 $650,000 $450,000 $200,000 $650,000 Workers Comp- First Responders $272,006 $750,000 $1,022,006 $900,000 $122,006 $1,022,006 Respond to the Public Health Emergency $7,355,750 $1,560,000 $8,915,750 $4,967,172 $3,948,578 $8,915,750 Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.) $125,000 $125,000 $75,000 $50,000 $125,000 COVID-19 Sick Pay Benefit $0 $75,000 $75,000 $75,000 $0 $75,000 IT Upgrades $200,000 $200,000 $200,000 $0 $200,000 Munis Modules to Support Teleworking $50,000 -$15,000 $35,000 $35,000 $0 $35,000 Enhanced Cleaning of Buildings $150,000 $150,000 $150,000 $0 $150,000 Consultant Services $15,000 $15,000 $5,000 $10,000 $15,000 Small Business Development Grant $1,000,000 $1,000,000 $1,000,000 $0 $1,000,000 Non -Profit Assistance $500,000 $500,000 $500,000 $0 $500,000 Downpayment& Rehabilitation Assistance $4,000,000 $4,000,000 $802,172 $3,197,828 $4,000,000 Tourism Promotion $275,000 $275,000 $275,000 $0 $275,000 United Way $1,040,750 $1,040,750 $350,000 $690,750 $1,040,750 Fellsmere Inn $0 $1,500,000 $1,500,000 $1,500,000 $0 $1,500,000 Water/Sewer or Broadband Infrastructure $11,500,000 $0 $11,500,000 $3,000,000 $8,500,000 $11,500,000 South RO Water Plant Enhancements $6,000,000 $6,000,000 $1,250,000 $4,750,000 $6,000,000 Septic to Sewer $2,000,000 $2,000,000 $1,000,000 $1,000,000 $2,000,000 Broadband in Rural Areas $3,500,000 $3,500,000 $750,000 $2,750,000 $3,500,000 $0 Total 1$31,292,756 -$229,588 $31,063,166 $15,531,584 $15,531,58 $31,063,168 L- 1 1 INDIAN RIVER COUNTY, FLORIDA COUNTY MAINTAINED ROADS FELLSMERE AREA Map Legend Street Maintenance Responsibility e^*C ny M.MId. 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A D W m s 3 m m m cn 0 D �; Z O; � N W 0 N 0 0000 F-+ o N ID m °' i-► N o00 O In N 00 .P C 3 'o N .P O V 01 < W N V V W 4�- N F- C. -i O - fu v� r N" O F� V N 3 r+ 00 p S A V lD I N L" V O 015-5 i m p r) 70 7o H m 'a 'a ;:vrD - rD in n -s D 0- CLD CL p rD (DQ Q C= 2 n '+ H c p Ln :ErD lb '+ =3G O c m VO vNi S (D N C m N G> Z c 0-0 O 70 0 to m r+ y p N m D D C N n O� m Ln D 0 1D Z XN NO rD I 00 N v O D �c° O G W n O z �m I� � Z co m � cn r C � � :3 z O � p rt n' rt CA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: TIGR Acquisitions III, LLC Purchase and Sale Agreement for 810 Bailey Road Tower DATE: August 10, 2021 BACKGROUND: On September 15, 2020, the Indian River County Board of County Commissioners ratified an agreement with SteepSteel, LLC to provide Indian River County with professional consulting services for wireless technology. On March 12, 2021, SteepSteel forwarded a letter of intent from TIGR Acquisitions II, LLC for the purchase of the following (collectively, the " Tower Assets"): (i) the grant to Buyer from Seller of a Perpetual Easement underlying and surrounding the Tower (the "Site"), along with any and all access and utility easements serving the Site; (ii) the Tower, together with all related improvements, fixtures and personal property; (iii) all of those leases, subleases, licenses and other agreements which grant others a right to use or occupy a portion of the Tower or Site (the "Collocation Agreements"); (iv) any permits associated with the Tower or the Site; and (v) any other personal or real property or rights associated with the Tower. On March 16, 2021 Indian River County Board of County Commissioners voted to approve staff's recommendation to enter into the Letter of Intent (LOI) agreement with TIGR Acquisitions III, LLC and proceed with due diligence. ANALYSIS Since receiving the Board direction on March 16, 2021, staff has engaged with TIGR Acquisitions III, LLC to formulate the attached Purchase and Sale Agreement (PSA) relating to the tower located at 810 Bailey Drive, Sebastian, FL, 32958 (Site). Subject to the terms and conditions set forth in the PSA, Indian River County (Seller) agrees to sell, assign, transfer and deliver to TIGR Acquisitions III, LLC (Buyer), and Buyer agrees to purchase, at the Closing, all of Seller's right, title and interest in and to the Tower Assets, free and clear of any Liens of any nature. The term "Tower Assets" shall mean, all of the real and personal tangible and intangible assets, properties and rights owned by Buyer that are used in, or accounted for as a part of, the ownership and operation of the Tower (defined below), including without limitation the following: a. one (1) wireless communications Tower (the "Tower") located at 810 Bailey Drive, Sebastian, FL, 32958 b. all Tenant Leases relating to the Site existing as of the Closing C. A perpetual telecommunication easement together with any and all easements for ingress, egress and utilities which are attendant to the telecommunication easement, which shall be negotiated prior to Closing (the "Easement"); 896 d. all buildings, structures, improvements and fixtures located at the site and owned or used by Seller in connection with the ownership and operation of the Tower Assets and all physical assets, owned by Seller and located at the site; and e. all other assets owned by the Seller and used or useful in connection with the ownership or operation of the Tower. The purchase price for the Tower Assets shall be FOUR MILLION FIFTY THOUSAND 00/100 Dollars ($4,050,000.00) which shall be paid by bank or certified check or wire transfer upon delivery of the Closing Documents and the Closing of the transaction. This tower supports the County's emergency communications system in the area. The primary consideration is for provision of public services, and as such, the County will retain a site license for our public safety equipment on this tower and the surrounding property to support these functions going forward. Staff is working with the purchaser to finalize the site license and easement agreements, which will be part of the closing process for this property. FUNDING Proposed Sales Price $4,050,000 Expenses: Consultant's Fee $ 243,000 Transfer Taxes $ TBD Recording Fees $ TBD Estimated Proceeds $3,807,000 (less transfer taxes and recording fees) Staff recommends that the proceeds of this sale be allocated to meet future Telecommunications and Emergency Services requirements. RECOMMENDATION Staff recommends that the Board of County Commissioners approve and execute the attached Purchase and Sale Agreement with TIGR Acquisitions II, LLC and authorize the County Administrator to execute the site license and easement agreements after the County Attorney has approved them as to form and legal sufficiency . ATTACHMENTS PSA.2021.08.06—v3—Clean (FINAL) DISTRIBUTION Dylan Reingold — County Attorney Tad Stone — Director, Emergency Services Kristin Daniels, Director Management and Budget 897 Replacement pages 898-909 Agenda Aug 17, 2021 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of the 17' day of August, 2021 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida (the "Seller"), and TIGR ACQUISITIONS III, LLC, a Delaware limited liability company (the "Purchaser"). Capitalized terms used but not otherwise defined in this Agreement shall have the same meanings set forth in Exhibit A attached hereto and shall be incorporated herein by reference. In consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Seller and Purchaser hereby agree as follows: 1. 'Agreement to Sell and Purchase. Subject to the terms and conditions set forth in this Agreement, Seller hereby agrees to sell, assign, transfer and deliver to Purchaser, and Purchaser agrees to purchase (the "Purchase"), at the Closing, all of Seller's right, title and interest in and to the Tower Assets, free and clear of any Liens of any nature. For purposes of this Agreement, the term "Tower Assets" shall mean, all of the real and personal tangible and intangible assets, properties and rights owned by Seller that are used in, or accounted for as a part of, the ownership and operation of the Tower (defined below), including without limitation the following: a. one (1) wireless communications Tower (the "Tower") located at the Site set forth in Schedule 1(a) (the "Site" or "Tower Site"); b. all Tenant Leases relating to the Site existing as of the Closing, including without limitation those set forth in Schedule 1(b); C. A perpetual telecommunication easement together with any and all easements for ingress, egress and utilities which are attendant to the telecommunication easement, which shall be negotiated prior to Closing (the "Easement"); d. all buildings, structures, improvements and fixtures located at the Site and owned or used by Seller in connection with the ownership and operation of the Tower Assets and all physical assets, owned by Seller and located at the Site; and e. all other assets owned by the Seller and used or useful in connection with the ownership or operation of the Tower. 2. Assumption of Liabilities and Obligations. At the Closing, Purchaser shall assume and agree to pay, discharge and perform only those executory liabilities accruing from and after the Closing under the Easement and the Tenant Leases (the "Assumed Obli ations"). Except for the Assumed Obligations, Purchaser shall not assume or in any way undertake to pay, perform, satisfy or discharge any obligation or liability of Seller (contingent or otherwise), and Seller agrees to pay and satisfy when due any obligation or liability other than the Assumed Obligations (the "Excluded Obligations"). 3. Due Diligence. a. Due Diligence Period. Purchaser shall have the right, commencing on the Effective Date, and ending on the earlier to occur of (i) the close of business sixty (60) days after the Effective Date, and (ii) the Closing Date (the "Due Diligence Period"j, to enter upon, inspect, investigate and conduct legal, financial, business, environmental, technical and any other due diligence that Purchaser determines necessary in its reasonable discretion with respect to the Tower Assets. b. Entry- and Inspection. During the Due Diligence Period, Seller shall permit Purchaser and its representatives reasonable access (during normal business hours) to all of the Tower Assets, and Seller shall furnish to Purchaser all reports, documents, records, and information, including electronic copies thereof, that Seller has in its possession or can obtain without unreasonable effort or expense as Purchaser may reasonably request, to permit Purchaser to perform its due diligence investigation with respect to the Tower Assets. Purchaser may undertake a complete physical inspection of the Tower Assets and the cost and expense of the inspection by Purchaser contemplated under this Section 3(b) shall be borne by Purchaser. Purchaser shall provide Seller copies of all third -party prepared due diligence investigations of the Tower Assets via email during the Due Diligence Period, however, Purchase may exclude reports that speculate on valuation of the Tower Assets unless such valuation is the basis of a termination hereunder. C. Due Diligence Items. Not more than five (5) Business Days following the Effective Date, Seller shall make available to Purchaser, true, correct and complete copies of such of the following items as are in Seller's possession or control, including electronic versions (if any) (the "Due Diligence Items"): (1) all structural analyses, engineering reports and condition reports for the Tower, and all environmental reports and NEPA reports relating to the Site; (2) Tenant Leases, easements and licenses presently in force covering the Tower Assets or any part thereof; (3) the most recent surveys, title commitments, title policies or abstracts of title together with all copies of all documents and instruments (as recorded where applicable) referred to or identified in the title commitment, title policies or abstracts; (4) the most recent construction, engineering, architectural or other plans or drawings and related site plans, plats and approved drawings pertaining to the construction, ownership or operation of the Tower Assets, as well as zoning permits, variances, building and other permits, which have been gained or for which Seller has made application, and the FCC and FAA applications, responses, approvals and registration numbers submitted or received for each Tower; (5) the most recent real estate and personal property tax bills for each of the Tower Assets; (6) current tenant contact information; the most current accounts receivable listing, aged based on invoice date, by Tower, invoice and tenant; the most current accounts payable listing, aged based on invoice date, by vendor and invoice, and a reconciliation of both reports to the general ledger; (7) support for any accounts receivable allowance or reserve in place as of the most recent date, by tenant and invoice; (8) cash receipts supporting the most recent month's collection of rental income, for each tenant lease; and (10) available bank statements and deposit/disbursement support to reconcile all amounts paid and received in connection with the Tower Assets to the bank statement. -899- In the event that Seller fails to deliver or make available to Purchaser any of the Due Diligence Items within five (5) Business Days following the Effective Date, the Due Diligence Period shall be extended by an amount of time equal to any such delay, provided, however, that the Due Diligence Period shall not extend beyond the date that is ninety (90) days after the date hereof without the written consent of the Seller. 4. Easement Specific Provisions. The provisions of this Section 4 shall supersede and govern any contradictory provisions of this Agreement relating to the Easement. a. Title Commitment. Purchaser shall obtain, at its sole cost and expense, a preliminary title report for an ALTA title insurance policy from Purchaser's title insurance company with respect to the Easement in form and substance reasonably satisfactory to Purchaser (the "Title Commitment"), together with a copy of all documents referenced therein. b. Survey. Purchaser may, at its sole cost and expense, obtain a survey of the Easement (the "Survey"). C. Excentions to Title. i. Permitted Exceptions. Except as set forth in Section 4(c)(ii), (iii) or (iv) below, any liens, encumbrances or other exceptions to title set forth on Schedule B-2 to the Title Commitment (other than the "standard exceptions"), that are not objected to in writing by Purchaser prior to expiration of the Due Diligence Period shall be deemed to be "permitted exceptions" to title to the Easement (the "Permitted Exceptions"). ii. Unpermitted Exceptions. Notwithstanding any provision to the contrary in this Agreement, Seller agrees that the following shall constitute unpermitted exceptions: (i) any mortgages, deeds of trust or other security interests for any financing affecting the Easement or incurred by Seller; (ii) Taxes which would be delinquent if unpaid at Closing; (iii) mechanics' and judgment liens, (iv) liens, mortgages, security interests, claims, charges, easement, rights of way, encroachments, restrictive covenants, or other title exceptions not first appearing in the Title Commitment, and (v) such matters as appear on Schedule B-1 to the Title Commitment capable of being satisfied by the payment of a monetary sum. The unpermitted exceptions referenced in items (i) through (v) in the prior sentence are collectively referred to as "Monetary Unpermitted Exceptions". iii. Updated Title Commitment or Suryey. If any update of the Title Commitment delivered to Purchaser discloses title'matters which are not disclosed in the Title Commitment, (a "New Title Exception"), or the Survey or any update of the Survey delivered to Purchaser discloses any survey matter which is not disclosed in the Survey (a "New Survey Defect"), then Purchaser shall have the right to request Seller to remove or cure such New Title Exception or New Survey Defect at or prior to Closing. iv. Removal of Unpermitted Exceptions. Seller shall remove or cure all Unpermitted Exceptions at or prior to Closing by (i) removing such Unpermitted Exception from title, or (ii) causing the title company to commit to remove, such that it does not appear of record, or insure over such Unpermitted Exception in the Title Policy, provided, however, that such removal or insuring over by the title company is in form and substance acceptable to Purchaser in its reasonable discretion. If the Title Commitment discloses judgments, bankruptcies or other returns against other persons or entities having names the same as or similar to that of Seller, then Seller, on request and to the extent applicable, shall deliver to Purchaser or the title company affidavits to the effect that such judgments, bankruptcies or other returns are not against Seller. -900- d. Title Policy. At Closing, Purchaser shall cause the title company to issue to Purchaser an ALTA form of title insurance policy with respect to the Easement or binding commitment therefor to issue the same, dated, or updated, to the Closing Date, insuring, or irrevocably committing to insure, at normal statutory premium rates, without the requirement for additional premiums or escrows to be posted by Purchaser, with extended coverage with respect to the Easement, with customary endorsements, the Easement and improvements, subject only to the Permitted Exceptions (the "Title Policy"). The Title Policy shall be dated as of the Closing Date with gap coverage from Seller from the Closing through' the date of recording and shall be issued at such party's sole cost and expense as is customary for similar transactions in the jurisdiction of the applicable Easement. e. Conveyance of the Easement. At Closing, Seller shall convey to Purchaser (a) good and valid interest in the Easement, subject only to (A) the Permitted Exceptions relating thereto, and (B) any Unpermitted Exceptions which are cured by causing the title company to remove or insure over such matters in the Title Policy in accordance with Section 4(c)(iv), but which otherwise are not removed from title, and (b) good and marketable title to the personal property set forth in Section 1, free and clear of all liens and encumbrances. Purchase Price; Adjustments; Earnest Money. a. Purchase Price. Provided that the annual Tower Cash Flow for the Tower(s) is equal to or greater than $220,886.00 (the "TCF Threshold") as of the Closing Date, the purchase price for the Tower Assets (the "Purchase Price") shall be FOUR MILLION FIFTY THOUSAND 00/100 Dollars ($4,050,000.00) which shall be paid by bank or certified check or wire transfer upon delivery of the Closing Documents and the Closing of the transaction hereunder. $10 of the Purchase Price shall be allocated to the Easement with the balance of the Purchase Price allocated to the Tenant Leases, the Tower and associated equipment. b. Adjustments. If Purchaser discovers during the Due Diligence Period that, the Tower Cash Flow with respect to the Tower is less than the TCF Threshold as of the Closing Date, the Purchase Price shall be reduced by an amount equal to the sum of (A) 17.51 multiplied by (B) the difference between the TCF Threshold and the actual Tower Cash Flow with respect to the Tower as of the TCF Date. In the event that Seller disputes Purchaser's calculation of Tower Cash Flow, Seller and Purchaser shall, in good faith, attempt to agree upon the actual Tower Cash Flow with respect to the Site(s) on or before ten (10) days following Seller's receipt of the Purchaser's determination of Tower Cash Flow. 6. Earnest Money. Within five days after the Effective Date, Buyer shall deposit Forty Thousand Five Hundred and No/ 100 ($40,500.00) Dollars (the "Earnest Money") with TitleVest Agency, LLC. The Earnest Money shall be held in a non-interest bearing account. In the event the sale closes as provided herein, then the Earnest Money and the remainder of the Purchase Price shall be paid to Seller at Closing. The cost to Seller of granting to Buyer the right to purchase the Property has a value that is difficult to calculate, and the Parties have agreed that the Earnest Money is a reasonable approximation of that value. In the event Buyer defaults in its obligations hereunder, the Earnest Money shall be paid over to Seller as an agreed and liquidated amount of compensation and not as a penalty. In the event this Agreement is terminated by Buyer on or before the last day of the Due Diligence Period or as otherwise permitted herein, the Earnest Money shall be returned to Buyer. Otherwise, the Earnest Money shall be paid out as provided in this Agreement._ 7. Closing. Provided that all conditions to closing contained herein have been met or waived, the closing of the transactions contemplated hereby (the "Closing") shall occur on or before October 18, 2021 (the "Anticipated Closing Date"). All documents required to close the transaction shall be deposited in escrow with the TitleVest Agency, LLC located at 11.0 East 42nd Street, 10th Floor, New York, NY 10017 -901- ("TitleVest") at least three (3) calendar days prior to the Closing, or as otherwise agreed to. In the event that all conditions to Closing have not been met or waived by the Anticipated Closing Date, the Closing shall occur on the fifth (5th) Business Day following the satisfaction or waiver of all such conditions, or on such other date as the Seller and Purchaser shall mutually agree. The date that the Closing occurs shall be referred to as the "Closing Date". 8. Representations and Warranties of Seller. Seller hereby represents and warrants to Purchaser as follows: a. Autbori1y. Seller has all requisite power and authority to own and operate the Tower Assets and to enable the Seller to execute and deliver, and to perform its obligations under, this Agreement and each Closing Document and to consummate the Purchase. Neither the execution and delivery by Seller of this Agreement or any Closing Document, nor the consummation of the Purchase, will conflict with, or result in a breach or violation of, or constitute a default under, any governing document of Seller or, to Seller's knowledge, any applicable law, or will conflict with, or result in a breach or violation of, or constitute a default under any agreement of Seller relating to indebtedness for money borrowed. b. Legal Actions. There are no legal actions, orders or stipulations of or by any governmental authority pending or, to the knowledge of Seller, threatened at law, in equity or before any governmental authority against Seller or the Tower Assets or relating to the ownership and operation of the Tower Assets or would reasonably be expected to impair Seller's ability to consummate the Closing or perform its obligations under this Agreement. C. Tenant Leases. Each of the Tenant Leases and all amendments thereto has been provided to Purchaser, has been duly authorized, executed and delivered by Seller and, to the knowledge of Seller, the other parties thereto, and is a legal, valid and binding obligation of Seller, enforceable in accordance with its terms. There are no leases, subleases, licenses or other occupancy agreements (written or oral) which grant any possessory interest in or to the Tower Assets or which grant other right with respect to the use of any of the Tower Assets. Furthermore: (i) A third party is collecting the rent set forth in each Tenant Lease on a current basis and Seller is unaware of any past due amounts owed to third party, and before or after Closing, Seller retains the right to collect directly from the third party or any Tenant or subtenant rent or any other fees or expenses that are owed or past due as of Closing; (ii) The Seller is unaware of any rental concessions or abatements in rent that may have been granted to any Tenant by the third party prior to or subsequent to the Closing Date; (iii) Seller has not given notice to any Tenant claiming that the Tenant is in default under its Tenant Lease, and, to the best of Seller's knowledge, there is no event which, with the giving of notice or the passage of time or both, would constitute such a default; (iv) Seller has not received notice from any Tenant claiming that Seller is in default under the Lease, or claiming that there are defects in the improvements; (v) Seller has not received notice from any Tenant asserting any Claims, offsets or defenses of any nature whatsoever to the performance of its obligations under its Tenant Lease and, to the best of Seller's knowledge, there is no event which, with the giving of notice or the passage of time or both, would constitute the basis of such Claim, offset or defense; (vi) except as expressly set forth in the Tenant Leases, the Seller is unaware of any security deposits or prepaid rentals under any of the Tenant Leases; and (vii) the Seller is unaware of any Tenant Lease that provides for non -monetary rent or. other consideration to the lessor thereunder. d. Easement. The Seller has good and marketable title to the Easement, and is the sole owner of the improvements thereon. Seller has obtained all easements and rights-of-way that are necessary to provide access to and from the Site. e. Site. Seller owns the Tower Assets, free and clear of all Liens, and will transfer to Purchaser at the Closing, good, marketable and insurable title thereto, free and clear of all Liens. Seller has not received notice that the Site is subject to any condemnation proceedings or that the Site is not in -902- compliance with any applicable law; to the best of Seller's knowledge, the Site is in compliance with all Applicable Laws and Governmental Authorizations and no consents are required to be obtained by Seller from any Governmental Authority or any third party in order to consummate the Purchase. To the best of Seller's knowledge, all improvements of Seller on the Site are in compliance with applicable zoning, NEPA, FCC, FAA, the National Historic Preservation Act and any related or similar state laws and land use laws. No consent, approval or authorization of, or registration or filing with any Person (each, a "Third Party Consent") is required to be obtained in connection with the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby. f. Tower. Purchaser has the rights to inspect and investigate as set forth in Section 3 above. SELLER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE STRUCTURAL INTEGRITY OF THE TOWER. g. Tower Cash Flow; Tower Revenue. The Tower Cash Flow with respect to the Tower is equal to or greater than the TCF Threshold as of the Closing Date. h. Broker or Finder. Except for SteepSteel, the fees and commission of which shall be paid at Seller's sole cost and expense, no agent, broker, investment banker or other entity engaged by or on behalf of Seller or any of its Affiliates is or will be entitled to a fee or commission in connection with the Purchase. i. Environmental Matters. Seller has not entered into or received any consent decree, compliance order or administrative order issued pursuant to any Environmental Health and Safety Requirements and Seller is not a party in interest with respect to any judgment, order, writ, injunction or decree issued pursuant to any Environmental Health and Safety Requirements. To the best of Seller's knowledge, Seller is in compliance with, and has all permits required by, all Environmental Health and Safety Requirements. Seller is not the subject of or, to its knowledge, threatened with any legal action involving a demand for damages or other potential liability with respect to violations or breaches of any Environmental Health and Safety Requirements or Environmental Permits relating to its ownership or operation of the Tower Assets. j. No Third PartRights. No Person other than Purchaser by reason of this Agreement has any contractual or other right of first refusal or any other right or option to acquire the Tower Assets or any portion thereof, including through any merger, consolidation, liquidation, dissolution or other reorganization. k. Accounts Receivable. A third party is collecting accounts receivable and as such, Seller is unaware of the status of accounts receivable relating to any Tenant Lease (the "Accounts Receivable"). The representations and warranties above shall survive the Closing and shall remain operative and in full force and effect for a period of thirty-six (36) months after the Closing Date other than Section 7(a) that shall survive indefinitely. 9. Conduct of Business by Seller Pending the Closing. After the Effective Date and prior to the Closing Date, Seller shall own and operate the Tower Assets in the ordinary course of business which shall include, without limitation, (i) keeping each of the Tower Assets free of debris and excessive vegetation, and in good commercial working order; (ii) not selling, disposing of or otherwise transferring the Site; and (iii) maintaining with insurance on the Tower Assets in such amounts as are consistent with past practice. In addition, Seller shall not enter into, cancel, modify, alter, amend, consent to the assignment of or terminate any contracts, leases, arrangements, understandings or agreements that will affect any of the Tower Assets. -903- 10. Closing Documents. At Closing, Seller shall execute and deliver to Purchaser such normal transaction documents as may reasonably be required by the Purchaser or its title insurance company, each in a form reasonably acceptable to Seller, including without limitation the following (collectively, the "Closing Documents"): (a) a certificate stating that the Seller is not a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act; (b) meeting minutes of the governing body of Seller demonstrating authorization for the execution, delivery and performance of this Agreement, the transfer of title to the Tower Assets and the other collateral documents by Seller; (c) a Bill of Sale transferring title to the Tower; (d) an Assignment and Assumption of Tenant Leases; (e) the Easement duly executed and acknowledged; (h) any reasonable and customary affidavits required by, and satisfactory to, the title company in order that an owner's title insurance policy with respect to the Easement may be issued free and clear of the standard exceptions which a title company is permitted by applicable law to remove or modify upon delivery of such affidavits; 0) a certificate signed by an executive officer of Seller certifying that (1) Seller has performed and complied in all material respects with all agreements and covenants required to be performed or complied with by it, as the case may be, under the Closing Documents to which it is a party at or prior to the Closing, (2) each of the covenants, representations and warranties of Seller are remade and restated with respect to the Tower Assets as of the Closing, and (3) each of the persons executing and delivering this Agreement and Closing Documents to which it is a party on behalf of Seller has or have the authority to execute, deliver and consummate this Agreement and each Closing Document; and (k) payoff amounts and evidence of termination to the reasonable satisfaction of Purchaser of all Liens affecting the Tower Assets. 11. Conditions to Closing. a. Conditions to Obligations of Each Party. The respective obligations of each party to consummate the Purchase shall be subject to the condition at or prior to the Closing Date, which condition may be waived in writing by the applicable party in whole or in part to the extent permitted by Applicable Law, that no legal action shall be pending before any Authority seeking to enjoin, restrain, prohibit or make illegal the consummation of the Purchase. b. Conditions to Obligations of Purchaser. The obligation of Purchaser to consummate the Purchase shall be subject to the satisfaction of the following conditions, any or all of which may be waived in writing, in whole or in part, by Purchaser to the extent permitted by Applicable Law: i. (A) the representations and warranties of Seller contained herein shall be true and correct in all material respects (except for representations and warranties that are qualified as to materiality, which shall be true and correct); -904- (B) Seller shall have performed all agreements contained herein required to be performed by it at or before the Closing; and (C) Seller shall have executed and delivered each of the Closing Documents; ii. Purchaser shall have received, at Purchaser's expense, a marked commitment for owner's title insurance, in form acceptable to Purchaser, insuring title to the Easement; iii. Between the Effective Date and the Closing Date, no event shall have occurred that has had or is reasonably expected to have a Material Adverse Effect on the Tower Assets; and iv. All authorizations, Third Party Consents, waivers or approvals required by the provisions of this Agreement to be obtained from all Persons shall have been obtained. C. Conditions to the Obligations of Seller. The obligation of Seller to consummate the Transactions shall be further conditioned upon the satisfaction or fulfillment, at or prior to the Closing, unless waived in writing by Seller, that the representations and warranties of Purchaser contained herein shall be true and correct in all material respects, and Purchaser shall have paid the Purchase Price at the Closing. 12. Apportionment of Real Estate Taxes, Rent, Utilities. Appropriate prorations shall be made on a daily basis as of the close of business on the Closing Date with respect to rental and lease payments, security deposits, utilities, current year real and personal property taxes and all other items of income and expense due or payable under the Easement and Tenant Leases, in each case, of a nature ordinarily prorated as of closing in real estate transactions (and not separately addressed elsewhere in this Agreement) with Seller being entitled to all such income and responsible for all such expenses relating to the Tower Assets then being conveyed for all periods on or prior to each Closing Date and Purchaser being entitled to all such income and responsible for all such expenses relating to the Tower Assets then being conveyed for all periods subsequent to the Closing Date. A reasonable estimate of such pro -rations shall be agreed to by Seller and Purchaser at least two (2) Business Days prior to the Closing Date (the "Pro -Rations Estimate"), and shall be settled in immediately available funds at the Closing. All past due real estate and personal property taxes, if any, shall be paid by Seller at or before the Closing. Seller expressly agrees that if it receives any rents, revenues or other payments under the Tenant Leases included in the Tower Assets after the Closing Date, it shall remit to Purchaser the moneys so received within five (5) Business Days after receipt thereof. Notwithstanding the foregoing, at each Closing, Purchaser shall receive a credit for the full amount of all rent due under the Tenant Leases for the month immediately following such Closing and Seller shall be entitled to keep all such amounts that it receives from Tenants for such month. The foregoing provision shall survive the Closing. 13. Indemnity. a. Seller agrees that on and after the Closing Date it shall indemnify and hold harmless Purchaser and its affiliates, and each of their respective members, stockholders, directors, officers, employees, managers, partners, agents and representatives (collectively, the "Purchaser Indemnified Parties") from and against any and all damages, Claims, losses, expenses, costs, obligations, and liabilities, including without limitation reasonable fees and expenses of attorneys, accountants, and other experts and those incurred to enforce the terms of this Agreement or any Closing Document (collectively, "Loss and Expense"), suffered by the Purchaser Indemnified Parties by reason of or arising out of (i) any misrepresentation or breach of a representation or warranty made by Seller pursuant to this Agreement, any Closing Document, or any collateral document, (ii) any failure by Seller to perform or fulfill any of its -905- covenants or agreements set forth herein or in any Closing Document, and (iii) all Excluded Obligations. Any requirements of this section are only to the limits set forth in §768.28, Florida Statutes. b. Purchaser agrees that on and after the Closing Date it shall indemnify and hold harmless Seller and its members, stockholders, directors, officers, employees, agents and representatives (collectively, the "Seller Indemnified Parties") from and against any Loss and Expense suffered by the Seller Indemnified Parties by reason of or arising out of (i) any misrepresentation or breach of a representation or warranty made by Purchaser pursuant to this Agreement, the Closing Documents, or any collateral document, (ii) any failure by Purchaser to perform or fulfill any of its covenants or agreements set forth in this Agreement or any Closing Document, and (iii) all Assumed Obligations. 14. Termination. This Agreement may be terminated at any time after expiration of the Due Diligence Period and prior to the Closing only pursuant to the following provisions: (a) by mutual consent of Seller and Purchaser; (b) by Purchaser in the event that Seller is in breach of any of the representations, warranties, covenants or agreements of the Seller contained in this Agreement or in any Closing Document, and such a breach is not capable of being cured or is not cured within ten (1.0) Business Days of written notice; (c) by Purchaser, in its sole discretion, for any reason prior to the expiration of the Due Diligence Period; or (d) by Seller in the event that Purchaser is in breach of any of the representations, warranties, covenants or agreements of the Purchaser contained in this Agreement or in any Closing Document, and such a breach is not capable of being cured or is not cured within ten (10) Business Days of written notice. This Section 13 shall not limit Purchaser's right to terminate during the Due Diligence Period. 15. Risk of Loss. The risk of loss, damage, or destruction to the Tower Assets including any of the equipment, inventory, or other personal property to be conveyed to Purchaser under this Agreement shall be borne by Seller until the consummation of the Closing. In the event of such loss, damage, or destruction, Seller shall serve immediate notice to Purchaser regarding the nature of such damage. Upon receipt of such notice, Purchaser shall have the option, exercisable in Purchaser's sole discretion, to terminate this Agreement or to proceed to Closing and to receive at Closing an assignment of insurance proceeds on account of such damage or destruction. Seller agrees to maintain any existing fire and extended coverage casualty insurance through and including the Closing covering all of the Tower Assets. 16. Non -Competition. For the ten (10) year period commencing on the Closing Date through and including the tenth (10' ) anniversary of the Closing Date (the "Restricted Period"), neither Seller nor any of its Affiliates (and Seller will ensure that none of their respective members of senior management) will, directly or indirectly, own or operate (whether as owner, partner, officer, director, employee, investor, lender or otherwise) any telecommunications tower or site that is located within a five (5) mile radius of the Site. Seller acknowledges that both the ten (10) year length of time and the geographic scope set forth in this Section 16 are considered by it to be reasonable given the nature of the business of Purchaser and are necessary to the protection of the business. 17. Agreement to Cooperate. Each of the parties shall use reasonable business efforts (x) to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary under Applicable Law to consummate the Purchase, and (y) to refrain from taking, or cause to be refrained from taking, any action and to refrain from doing or causing to be done, anything which could impede or impair the consummation of the Purchase. "Reasonable Business Efforts" shall not require the expenditure of more than $5,000 by the Seller, including attorney's fees. 18. Non -solicitation. From the Effective Date until the earlier to occur of (i) the termination of this Agreement in accordance with its terms and (ii) the Closing Date, Seller will not (and direct any of its respective shareholders, employees, representatives or agents not to), directly or indirectly, solicit, initiate, encourage or participate in negotiations in any manner with respect to, or furnish or cause or permit to be furnished any information to any Person (other than Purchaser or Purchaser's representatives) in connection -906- with, any inquiry or offer for any purchase or sale of any interest in the Tower Assets, or any merger, acquisition, combination, sale or other disposition or similar transaction involving Seller or the Tower Assets (collectively, a "Third -Party Proposal'). Seller shall promptly inform Purchaser of the occurrence of a Third - Party Proposal and the terms thereof. 19. Miscellaneous. a. This Agreement may be executed in multiple counterparts, via facsimile or .PDF sent via email, which collectively shall constitute one and the same instrument and is to be construed pursuant to the laws of the State of Florida This Agreement sets forth the entire contract between the parties, is binding upon and ensures to the benefit of the parties hereto and their respective heirs, successors and assigns, and may be cancelled, modified or amended only by a written agreement of both the Seller and the Purchaser. b. All notices required hereunder shall be deemed to have been duly given if in writing and mailed by registered, certified mail, postage prepaid, return receipt requested or by email, addressed to the Seller or the Purchaser as the case may be, addressed as follows: If to Purchaser: Jesse M. Wellner Chief Executive Officer TowerPoint 1170 Peachtree Street Atlanta, GA 30309 Tel: 678-775-0360 Fax: 866-800-0886 Jesse.Wellner@towerpoint..com If to Seller: Indian River County Attention: County Attorney 1801 271i Street Vero Beach, FL 32960 C. Jurisdiction; Service of Process. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement and to any collateral document shall be brought in the federal courts of the State of Florida and shall have jurisdiction over the parties with respect to any dispute or controversy between them arising under, in connection with this Agreement or any collateral document. Each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding may be served on any party anywhere in the world. d. Specific Performance and Remedies. In the event the Seller should refuse to perform any of its obligations under this Agreement or any Closing Document, the remedy at law would be inadequate and for breach of such obligation, Purchaser shall, in addition to such other remedies as may be available to it at law or in equity, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by applicable law. Nothing herein contained shall be construed as prohibiting Purchaser from pursuing any other remedies available to it pursuant to the provisions of this Agreement or applicable law, including the recovery of damages. e. Assignment. This Agreement shall not be assignable by either party except that Purchaser may assign this Agreement and/or the right to receive the Tower Assets to any Affiliate, any -907- successor by operation of law, or by way of merger, consolidation or sale of all or substantially all of its assets. f. Costs and Expenses. Each party shall bear its own legal fees and costs incurred in connection with the transactions contemplated hereby. Purchaser shall bear the costs of recordation, together with any deed or stamp taxes arising with respect to the recordation of any of the Closing Documents. Any transfer taxes incurred in connection with the transfer of the Tower Assets shall be paid solely by the Seller. g. Limitation on Liability. Notwithstanding anything to the contrary contained herein, Purchaser's liability for any breach of this Agreement shall be limited to Seller's actual out-of-pocket damages, inclusive of reasonable attorneys' fees. The parties have executed this Purchase and Sale Agreement as an instrument under seal as of the day and year first written above. SELLER: Indian River County, Florida By its Board of County Commissioners By:_ Name: Title: PURCHASER: TIGR ACQUISITIONS III, LLC By:_ Name: Title: Jesse M. Wellner Chief Executive Officer -908- EXHIBIT A Definitions The following terms will have the following meanings throughout this Agreement "Affiliate" means, with respect to any Person, (a) any other Person at the time directly or indirectly controlling, controlled by or under direct or indirect common control with such Person, (b) any executive officer, director or senior management of such Person, and/or (c) with respect to any partnership, joint venture, limited liability company, or similar entity, any general partner or manager thereof. "Applicable Law" means any law of any Authority, whether domestic or foreign, to which a Person is subject or by which it or any of its business or operations is subject or any of its property or assets is bound. "Authori " means any governmental or quasi -authority, whether administrative, executive, judicial, legislative or other, or any combination thereof. "Business Day" shall mean any day other than Saturday, Sunday or a day on which banking institutions in Miami, Florida are required by law to be closed. "Claim" means any liability, obligation, demand, expense, defense, judgment, action, cause of action, suit, proceeding, disbursement or expense (including, with respect thereto, reasonable remediation and investigation expenses and reasonable attorneys', consultants' and other professional fees and disbursements of every kind, nature and description). "Commences or Commenced" means, with respect to any Tenant Lease, the Tenant thereunder has commenced paying regularly scheduled installments of rent pursuant to the terms thereof and has substantially completed installation of its equipment on the Tower. "Environmental Health and Safety Requirements" means all federal, state and local statutes, regulations, ordinances and other provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations and all common law concerning public health and safety, worker health and safety, and pollution and protection of the environment, including without limitation, all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, control, or cleanup of any hazardous materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or by products, asbestos, polychlorinated biphenyls, noise or radiation, each as amended and as now or hereafter in effect. "Effective Date" shall mean the later of the dates that Seller and Purchaser have executed this Agreement. "Environmental Permit" shall mean any Governmental Authorization required by or pursuant to any Environmental Health and Safety Requirements. "FAA" means the United States Federal Aviation Administration, or any successor Authority. "FCC" means the United States Federal Communications Commission, or any successor Authority. "Governmental Authorizations" means all approvals, concessions, consents, franchises, licenses, permits, registrations and other authorizations .of all governmental authorities, in connection with Tower Assets. _909- "Hazardous Substance" shall mean any substance that is deemed by any Environmental Health and Safety Requirements to be "hazardous," "toxic," a "contaminant" or "waste" or is otherwise regulated by any Environmental Health and Safety Requirements. "Included Tenant Agreement" means a Tenant Lease that meets all of the following criteria as of the Closing Date: (a) the Seller has a valid landlord's, lessor's or licensor's interest under such Tenant Lease, (b) that is executed in writing and in full force and effect in all material respects, (c) that has not expired and will not expire within three (3) months from the date hereof in accordance with its terms, (d) is not on a "month-to-month" term, (e) the Tenant thereunder is not currently involved in a bankruptcy proceeding (f) that has not otherwise been terminated (and Seller shall not have received any notice of termination), (g) which has Commenced and (h) with respect to which there are no material default on the part of any Seller or the tenant thereunder, including, without limitation, any monetary default by such tenant for greater than sixty (60) days. "Intangible Personal Property" shall mean any development rights, documents, technical matters and work product relating to the Property, including any Permits, environmental studies, construction, engineering, architectural, landscaping, or other plans or drawings related to the Property and any surveys, maps, site plans, plats and other graphics relating to the Property. "Lien" shall mean any of the following: mortgage; lien (statutory or other); or other security agreement, arrangement or interest; pledge; assignment; charge; attachment; garnishment; encumbrance (including any easement, exception, reservation or limitation, right of way, and the like); conditional sale; title retention; preemptive or similar right; any financing lease; the filing of any financing statement under the Uniform Commercial Code or comparable law of any jurisdiction; restriction on sale, transfer, assignment, disposition or other alienation; or any option, equity, claim or right of or obligation to, any other Person, of whatever kind and character. "Material Adverse Change or Material Adverse Effect" means a change, event or occurrence that, individually or together with any other change(s), event(s) or occurrence(s), has had or would be reasonably expected to have a material adverse change or effect on the cash flow position or results of operations of Seller or the Purchaser or the Tower Assets, as applicable. "NEPA "means the National Environmental Policy Act of 1969, as amended. "Permits" shall mean all permits, licenses, authorizations, certificates of occupancy, certificates of completions, variances and similar approvals of any Governmental Authority having jurisdiction over the Tower Site. "Person" means any natural individual or any entity. "Seller's Knowledge" shall mean the (a0 actual knowledge of (i) officers of the Seller and (ii) employees of any of the Seller whose primary responsibility is the subject matter about which the relevant matter relates and (b) the knowledge that each such person reasonably should possess if he or she has properly discharged his or her duties. "Tax", shall mean, with respect to any Person, (a) all taxes, including without limitation any income (net, gross or other including recapture of any tax items such as investment tax credits), alternative or add-on minimum tax, gross income, gross receipts, gains, sales, use, leasing, lease, user, ad valorem, transfer, recording, franchise, profits, property, fuel, license, withholding on amounts paid to or by such Person, payroll, employment, unemployment, social security, excise, severance, stamp, occupation, custom, duty or other tax, or other like assessment or charge of any kind whatsoever, together with any interest, levies, assessments, charges, penalties, additions to tax or additional amount imposed by any Authority, (b) any joint or several 910 liability of such Person with any other Person for the payment of any amounts of the type described in (a), and (c) any liability of such Person for the payment of any amounts of the type described in (a) as a result of any express or implied obligation to indemnify any other Person. "Tenant Estoppels" shall mean estoppel letters from each of the Tenants to Purchaser, in form and substance reasonably acceptable to Purchaser. "Tenant Lease" shall mean any written lease agreement pursuant to which Seller has demised a leasehold interest, leasehold estate or other real property interest in the Site to a sublessee or tenant, including, without limitation, the associated access easements and rights of way. "Tower Cash Flow" means, with respect to any Tower, the difference of. (A) an amount equal to the product of twelve (12) times the monthly rent as of the date of determination of each Included Tenant Lease, in each case without giving effect to any free rent provided for therein; provided, however, such amount (a) shall not include any security deposits, prepaid rents (unless credited to Purchaser), refunds to tenants, sales, property, excise or similar taxes imposed by Governmental Authorities and collected from subtenants and pass through expenses collected from any tenants, and (b) shall include, in the case of prepaid rent, an apportioned amount of such prepaid rent attributable to such monthly period; minus (B) an amount equal to the product of twelve (12) times the sum of (a) the easement "rents" for the month of the Closing, (b) the average of the actual utility expense for the six (6) months prior to the Closing Date for each of the Tower, (c) the actual amount of real estate taxes and personal property taxes for the year of the Closing (or the prior year if unavailable) if such taxes include an assessment for the Tower, or, if actual assessments are not available, a reasonable estimate of the fair market value of each of the applicable Tower, (d) the assumed annual insurance expense of $750.00 per Tower Site, (e) the assumed annual maintenance expense of $3,000.00 for each Tower plus $600 annual expense for lighting, and (f) the actual monthly amount of other expenses that the Seller is obligated to pay prior to the Closing Date, in connection with the ownership and operation of the Tower (s). For the avoidance of doubt, Tower Cash Flow is intended to constitute all revenues of each particular Tower after deduction of all operating expenses directly attributable to such Tower. 911 Schedule 1(a) Tower Site Site Name Indian River Site Address TBD, Sebastian, FL 32958 Latitude, Longitude 27.47163, 84.2754 Site Attributes GroTower # AGL (ft.) Tower Type Ownership of (Leases Year (Built {3vimersh 1 280 [R—ice--T Owned 6 1995 912 Schedule 1(b) Tenant Leases Tenant Tenant Rent Annual Tenant Rent Frequency Tenantlnfonnadon. Escalation Escalation '(%) Frequency (Yrs) Comrnenie. Date Initial Tenn os of Renewals Renewal Term osExpiration Lease Date Carrier 1 5 27 004.87 Month Z00% 1 TBD TBD_ TBD TBD TBD Carrier 2 _ 5 66,554-27 Monthly 3.00% 1 TBD TBD _ TBD TBD TBD Carrier 3 5 63,762.96 Monthly 5.50% 1 TBD TBD TBD TBD TBD Carrier 4 5 . 47,271.44 Month 3.00%_. 1 TBD . TBD TBD TBD TBD Florida Power and L' Co 5 11,402.96 Month! 4-00%, 1 4112020 12 20 12 4!112021 MIA -COM S 12,000.00 Month! 0.00% 912812000. 252 Evergreen 12 W302021 913 Departmental Item oC f7' Indian River County, Florida Department of Utility Services Board Memorandum Date: August 4, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Scott Reynolds, Environmental Compliance Analyst Subject: Request to Publish Notice of Public Hearing to Consider Modifications to County Code Sections 201.64 and 201.65, Prohibited Discharge Standards Background: In 2017, the Environmental Protection Agency (EPA) promulgated pretreatment rules (40 Code of Federal Regulations (CFR) Part 441) to reduce discharges of mercury ("Dental Amalgam") from dental facilities to publicly owned treatment works (POTWs). The new rule required dental facilities to submit a one-time certification, or compliance report, to the Control Authority (Indian River County Department of Utility Services (IRCDUS)) by October 12, 2020. IRCDUS identified forty-two dental facilities within Indian River County: Each of the facilities identified was sent a letter explaining the new regulations and a compliance form, with instructions to return the completed form. Thirty-four facilities responded. In 2019, the EPA finalized new management standards of hazardous waste pharmaceuticals. The intent of the new standards was to improve compliance at healthcare facilities and reverse distributors, and reduce hazardous waste pharmaceuticals being discharged to POTWs or discharged to the environment. Descriptions and Conditions: The Florida Department of Environmental Protection (FDEP) conducted an audit of the :Industrial Pretreatment Program in July of this year. As a result of the audit, FDEP felt that the existing Sewer Use Ordinance, specific to dental amalgam and hazardous waste pharmaceuticals, did not provide adequate language to establish legal authority to apply and enforce Chapter 62-625. FDEP provided draft language (attached) to incorporate into the Sewer Use Ordinance. Recommendation: Staff recommends the Board of County Commissioners (BCC) direct staff to work with the County Attorney's Office to draft a revision to the Code to incorporate the dental amalgam and hazardous waste pharmaceuticals model language, as necessary. Staff further recommends that the BCC permit staff to schedule a public hearing on the matter for the September 21" BCC meeting. Attachments: Draft Pharmaceutical Waste Ordinance Draft Dentist Amalgam Ordinance 914 F:\Utilities\UTILITY - OPERATIONS\INDUSTRIAL PRETREATMENT\Ordinance\BCC Items\210802_BCC_request to publish.doa FDEP MODEL LANGUAGE FOR HAZARDOUS WASTE PHAMACEUTICALS SECTION 2— GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharge Standards A. Definitions. For the purposes of this section the following words and phrases shall be as defined herein. (1) "Hazardous waste pharmaceutical" is a pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D. (2) "Healthcare facility" means any person that is lawfully authorized to: a) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or b) Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third -party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long- term care pharmacies, mail-order pharmacies, retailers. of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers. (3) "Pharmaceutical" means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e -liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre -filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the- counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non -empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps. (4) "Reverse distributor" means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third -party logistics providers, and pharmaceutical manufacturers, that 915 processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. B. General Prohibitions. C. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (19) Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. 916 FDEP MODEL LANGUAGE FOR DENTAL AMALGAM SECTION XXX.XX Requirements for dental facilities that remove or place amalgam fillings. (a) Definitions. For the purposes of this section the following words and phrases shall be as defined herein. (1) "Amalgam separator" is a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. (2) "Amalgam waste" means and includes non -contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules. (3) "ANSI/ADA Standard No. 108" is the American National Standards Institute and American Dentistry association standard for amalgam separators. (4) "Existing Source" is any any facility subject to this Section whose first discharge to the sewer collection system occurred on or before July 14, 2017. (5) "ISO 11143" is the International Organization for Standardization's standard for amalgam separators. (6) "New Source" is any facility subject to this Section whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge. (b) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following reporting and waste management practices: (1) For existing sources, the One -Time Compliance Report is due no later than October 12, 2020 or no later than 90 days after transfer of ownership. (2) For new sources, the One -Time Compliance Report is due within 90 days of the start of discharge to the sewer collection system. (3) No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer. (4) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury - containing material and fixer -containing solutions and shall maintain training records that shall be available for inspection by the superintendent or designee during normal business hours. (5) Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials. (6) Bleach and other chlorine -containing disinfectants shall not be used to disinfect the vacuum line system. (7) The use of bulk mercury is prohibited. Only pre -capsulated dental amalgam is permitted. 917 (c) All owners and operators of dental vacuum suction systems, except as set forth in subsections (d) and (e) of this section, shall comply with the following: (1) An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non -certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO - certified. (2) Proof of certification and installation records shall be submitted to the superintendent within 30 days of installation. (3) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the superintendent or designee during normal business hours. Records shall be maintained for a minimum of three years. (d) Facilities with vacuum suction systems that meet all the following conditions may apply to the superintendent for an exemption to the requirements of subsection (c) of this section: (1) The system is a dry vacuum pump system with an air -water separator. (2) The sedimentation tank is non -bottom draining, with the drain above the anticipated maximum level of accumulated sludge. (3) Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the superintendent during normal business hours. (4) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank. An owner or operator whose facility meets conditions (1) through (4) may apply for this exemption by written letter to the superintendent. The superintendent or designee will review the system and, if the exemption is approved, shall provide a written, letter of exemption. An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of this section before commencing further operation. (e) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and prosthodontistry. 918 (f) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice: (1) Submits the following statement to the (City/County/Utility/Authority), signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance deadline identified in Section XXX.XX (b): "This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of § 403.12(1) of the above named dental facility, and certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.". (2) Removes dental amalgam for limited emergency or unplanned, unanticipated circumstances, less than X times per year and as no more that X% of dental procedures; and (3) The dental practice notifies the (City/County/Utility/Authority) of any changes affecting the applicability of this certification. (g) [If hauled waste is accepted] Disposal of hauled wastewater from dental facilities to the sanitary sewer must be in accordance with (enter section of ordinance that addresses hauled waste requirements, and section of ordinance that addresses hazardous waste requirements), and may be subject to industrial pretreatment requirements. (g) [If hauled waste is prohibited] Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited in accordance with (enter section of ordinance that prohibits hauled waste). (h) [Optional] Dental dischargers that fail to comply with this section will be considered significant industrial users, and will be subject to the requirements herein, including the compliance monitoring, reporting requirements, and enforcement remedies identified in Sections X,X, and X, respectively. 919 13A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 16, 2021 SUBJECT: Planning and Zoning Commission Alternate Pursuant to section 103.03 of the Indian River County Ordinance Code ("Code"), the Planning and Zoning Commission consists of seven members plus a school board representative from the school board who is a non-voting member of the Planning and Zoning Commission. Each county commissioner appoints one member who must reside. in that commissioner's district. The remaining two members are appointed from the public at large. There have been occasions when the Planning and Zoning Commission did not have enough members for a quorum or when County staff struggled to find the minimum number of members to meet a quorum. Thus, County staff recommends that in order to try and prevent meetings from being cancelled due to a lack of a quorum, that the Indian River County Board of County Commissioners ("Board") consider amending the Code to permit alternates, chosen by the Board, who could be called upon in the event there was not going to be a quorum available for an upcoming meeting. It might be helpful to have criteria for alternates, such as being a former Planning and Zoning Commission member, so that an alternate, if chosen, would be familiar with the process and procedures of a Planning and Zoning Commission meeting. It is also recommended that the alternates be at large members as opposed to individual commission appointees..: FUNDING.. The only funding for this item would be the advertising cost of a public hearing for a change to the Indian River County Ordinance Code. RECOMMENDATION - County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance amending the County Code to permit alternates for the Planning and Zoning Commission. 920 /36 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 6, 2021 SUBJECT: Local Provider Participation Fund (LPPF) Ordinance BACKGROUND. Hospitals that provide Medicaid services or other forms of indigent care often fail to receive full compensation for those services, which leaves hospitals with unreimbursed costs. County staff was approached by the Sebastian River Medical Center about enacting a local provider participation fund (LPPF) to assist in covering such unreimbursed costs. See attached letter of support. Since then, on July 1, 2021, Cleveland Clinic of Indian River Hospital wrote expressing support for a LPPF. The letter of support is attached. Under the LPPF ordinance, Indian River County would impose an assessment on real property on which hospitals are located in Indian River County. The funding raised by the assessment would then, through intergovernmental transfers provided consistent with federal guidelines, support additional funding for Medicaid payments to such hospitals to address the Medicaid shortfall. If a LPPF ordinance were adopted, the Indian River County Board of County Commissioners would then adopt an assessment resolution and assessment roll. Initially, County staff was informed that the deadline to enact a LPPF ordinance was August 1St However, County has staff has now been told that the Florida Agency for Health Care Administration ("AHCA") is allowing flexibility for those counties that have irregular summer meeting schedules. Itis our understanding, that as of July 30th, six counties have adopted a LPPF ordinance. In addition, Orange County, the City of Jacksonville, Leon County, and Miami -Dade County all have filed this ordinance for a future hearing and vote. Finally, County staff has been informed that state law requires each participating county to send a Letter of Agreement ("LOA") to AHCA by October lst County staff has concerns about the legality of the process. Representatives supporting the enactment of the LPPF ordinance have provided the attached legal guidance in: attempt to address such concerns. County staff has no objection to the enactment of a LPPF ordinance, and approval of the corresponding assessment .resolution and LOA, so long as all hospitals support the process. See attached email from Encompass. C:IGr imsU,gistur51L51Teemp185-363-051f-4b10-b 771-17bc4a666d96.dx - 921 Board of County Commissioners August 6, 2021 Page 2 FUNDING. If the County establishes a LPPF as requested, this would authorize the assessment on real properties that are licensed as a hospital and provide in-patient services. Staff's understanding is that this would currently include three properties within the County: Cleveland Clinic Indian River Hospital, Sebastian River Medical Center, and Encompass Health Rehabilitation Hospital. These assessments would equate to approximately $6:5. to 7 million per year, based upon information provided to the County. The County would collect these assessments and send the funds to AHCA, which would be able to draw down additional Medicaid dollars from the Federal government. The local hospitals would then have the ability to bill for services provided to patients up to double the amount assessed. RECOMMENDATION. County staff recommends that the Board give direction to County staff as to whether to set a public hearing to consider a Local Provider Participation Fund ordinance on September 14th and draft a corresponding resolution for consideration on September 21St ATTACHMENTS. Letter from Daniel Knell, President/Florida Market President, to Chairman Flescher, dated June 17, 2021 Letter from J. Gregory Rosencrance, MD, FACP, to Chairman Flescher, dated July 1, 2021 Email from Andrew Wilburn, Statutory & Regulatory Analyst, Reimbursement Department, Encompass Health, to Dylan Reingold, dated August 6, 2021 Memo on Special Assessments & Medicaid Funding Draft LPPF Ordinance C.:IGrm,ioae Leglsmr5IL51hmpl85a c363-05if-4b20-b 771-27bc4a666M.d« 922 Sebastian River Medical Center A STE'lAAD FAMILY MOSPITA4. - --�--- -T June 17, 2021 Chairman Joseph E. Flescher Board of. County Commissioners Indian River County 1801 27th Street Vero Beach, Fl 32960 Dear Chairman Flescher: The undersigned, representing hospitals serving Florida's Medicaid managed care beneficiaries in Indian River County, write to express our support for the Indian River County Local Provider Participation Fund (LPPF). Creation of this fund will help Indian River County providers meet the ever-increasing need for health care without imposing new costs on individual taxpayers and without utilizing $1 of state general revenue. Under the LPPF model, hospitals in Indian River County, which is located in Agency for Health Care Administration Region 9, will pay funds into the LPPF through a non -ad valorem special assessment established by the Board of County Commissioners. The assessment will not be passed along to patients of the hospitals. The funds collected from the hospitals will be transferred to the state and support the state's share of Medicaid funding. The state's share is matched with federal dollars. Because the revenue generated through the LPPF will fund the non-federal share of what will result in.a supplemental increase in Medicaid managed care reimbursement, the LPPF will allow local hospitals access to additional funding without burdening local or state taxpayers. The increase in reimbursement, implemented through a hospital directed payment program (recently approved by the Centers for Medicare & Medicaid Services), will provide Florida's hospitals with supplemental funding they desperately need as they serve Floridians and continue to respond to the COVID-19 public health crisis. Even before the public health crisis, most hospitals were reimbursed only a fraction of the costs that they incurred in caring for Medicaid patients. The LPPF model unlocks vital supplemental payments that otherwise may be unavailable to these hospitals. Please do not hesitate to contact the signatories below to discuss the LPPF. We appreciate your support of health care providers in the county, and we hope that you will join the Region's hospitals in advocating for the worthy cause of LPPF implementation. 923 Sincerely, Daniel Knell President / Florida Market President Sebastian River Medical Center 924 Lg Cle�reland Clinic Indian River Hospital July 01; 2021 Chairman Joseph E. Flescher Board of County Commissioners Indian River County 1801 27th Street Vero Beach, FL 32960 Dear Chairman Flescher: J. Gregory Rosencrance, MD, FACP President Cleveland Clinic Indian River Hospital cares for Medicaid managed care beneficiaries on the Treasure Coast. We are writing to express support for the Indian River County Local Provider Participation Fund (LPPF). Creation of this fund is intended to provide supplemental funding to help cover the cost of caring for Medicaid patients without burdening local or state taxpayers. The increase in reimbursement, implemented through a hospital directed payment program (recently approved by the Centers for Medicare & Medicaid Services), should provide Florida's hospitals with supplemental funding desperately needed to help serve our local communities and continue to respond to the COVID-19 public health crisis. Sincerely, 7� J Gregory Rosencrance, MD, FACP President Cleveland Clinic Indian River Hospital Cleveland Clinic 1000 36th Street Tel 772567-4311 925 Indian River Hospital Vero Beach, Florida 3296o Fa.0 772 562-5628 From: Wilburn. Andrew To: Dylan Reinoold Cc: Jason Durrett (iason(a)ahcv.com); Carlos Zaffirini; Colleen Ernst; Shuev. Katie Subject: Indian River County LPPF - Encompass Health Date: Friday, August 6, 20219:42:20 AM CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good morning Dylan, I hope you have had a good week. We have been made aware that Indian River County has requested a letter of support to set up an LPPF in Indian River County. Encompass Health cannot sign onto a letter of support as our stance on provider taxes overall is to oppose them because Encompass Health nationwide takes a loss on provider taxes. That being said, we do not oppose the LPPF in Indian River County based on our understanding of how it will operate, and we do not want to present any obstacle to implementation. Thank you for your understanding, and have a great Friday. Best regards, Andrew Wilburn Statutory & Regulatory Analyst Reimbursement Department O 205 970-57611 F 205 262-3631 Encompass Health 9001 Liberty Parkway Birmingham, AL 35242 Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and deleting it from your computer. Thank you. 926 SPECIAL ASSESSMENTS & MEDICAID FUNDING Medicaid Funding Medicaid is a joint federal -state health insurance program that provides medical coverage to a low-income population consisting of children, pregnant women, people over 65, and individuals with disabilities. See 42 U.S.C. § 1396, et seq. Although the program is administered by the states, Medicaid is jointly funded by states and the federal government through federal matching of state funds. 42 U.S.C. § 1396b. State general revenue comprises a large share of the funds receiving a federal match. Other forms of revenue collection, however, also qualify for matching. For example, local governments can collect funds and use intergovernmental transfers (IGTs) to send them to the state for federal matching. See Social Security Act § 1902(a)(2); 42 CFR § 433.51. IGTs have the advantage of increasing the magnitude of federal spending without a commensurate increase in state general revenue spending. So long as these IGTs comply with federal rules, they are eligible for federal match. See Medicaid Voluntary Contribution and Provider -Specific Tax Amendments of 1991, PL 102-234, December 12, 1991, 105 Stat. 1793; Social Security Act § 1903(w). Medicaid payments funded by matching serve a vital purpose. Hospitals that provide Medicaid services or other forms of indigent care often fail to receive full compensation for those services. Indeed, the Florida Hospital Association recently estimated that Medicaid reimbursement equates to approximately 66 percent of total procedure costs, leaving hospitals with 34 percent of costs unreimbursed. Unlocking federal funds through IGTs allows hospitals to cover this gap and to continue providing care to Floridians in need. In November 2020, the Agency for Health Care Administration (ARCA) applied for approval for a directed payment program (DPP) designed to address this Medicaid reimbursement shortfall. As part of the Centers for Medicare & Medicaid Services' review of the Hospital DPP, the agency requested information from AHCA regarding the source of the non-federal share. AHCA stated in its Feb. 9, 2021, response to CMS, "For participating private hospitals, provider tax revenues transferred by counties and generated through non -ad valorem special assessments will be the source of the non-federal share. The county will certify that the special assessments will comply with health care related tax rules through the Letter of Agreement." (emphasis added). From the federal perspective, a non -ad valorem special assessment is a provider tax under 42 1 927 C.F.R. Part 433 Subpart B. CMS, therefore, is quite aware that the special assessments will be used for this purpose. Saecial Assessment Authority Article VII, Section 9 of Florida's Constitution states that municipalities and counties may levy taxes only if authorized by general law. Notwithstanding this limitation, local governments retain statutory and inherent home-iule authority to charge special assessments without express legislative. authorization. See Art. VIII, § 6, Fla. Const.; § 125.01(1)(r), Fla. Stat.; see also City of Boca Raton v. State, 595 So. 2d 25,29 (Fla. 1992), modified sub nom. Collier Cty. v. Fla., 733 So. 2d 1012 (Fla. 1999), and holding modified by Sarasota Cty. v. Sarasota Church of Christ, Inc., 667 So. 2d 180 (Fla. 1995). A special assessment is like a tax in many respects. Like a tax, it is an "enforced contribution" from aproperty owner. Klemm v. Davenport, 129 So. 904,907 (Fla. 1930). Also like a tax, it is used to fund "usual and recognized [local] improvements and services." Charlotte Cty. v. Fiske, 350 So. 2d 578, 580 (Fla. 2d DCA 1977). Despite these similarities, a special assessment has several distinct characteristics. Although a tax need not provide any specific benefit to property and "may be levied throughout the particular taxing unit for the general benefit of residents and property," City of Boca Raton, 595 So. 2d at 29, a special assessment: (1) must confer a specific benefit (2) upon the real property of payors. Id.; City of N. Lauderdale v. SMM Properties, Inc., 825. So. 2d 343, 350 (Fla. 2002). Additionally, a lawful special assessment must be fairly and reasonably apportioned according to the benefits received. Sarasota County, 667 So. 2d at 183. This requirement is not onerous; the apportionment will be upheld as a legislative determination so long as it is not arbitrary. Id. at 184; see also City of Winter Springs v. State, 776 So. 2d 255, 257 (Fla. 2001). Special Assessments for the Directed Payment Program Several hospitals in Indian River County support adoption of a non -ad valorem special assessment to collect funds for IGT and federal matching. The county may use the assessment to gather revenue and then transfer it to the state for federal matching. Indian River County's hospitals recognize the benefit of a special assessment, which would charge hospitals only, over traditional forms of taxation as a means to generate a pool of funds capable of drawing down available federal dollars. Faced with the reality that hospitals typically spend more to deliver Medicaid services than they receive in reimbursement—thus restricting incoming revenue and diverting funds that would otherwise be available for improvement of physical plant and patient 2 928 services—hospitals appreciate the partnership of local governments to adopt creative strategies that unlock available federal funds to cover the Medicaid reimbursement shortfall. Whether local governments can use a special assessment for such collection and IGT under Florida law requires analysis of two questions: 1) Does the result of the collection qualify as an appropriate service or benefit to payors? 2) Does the benefit derived from the assessment improve the value of the affected land? As explained below, the answer to these questions is yes. Result of the Collection Under Florida law, "the portion of the community which is required to bear [a special assessment must] receive[] some special or peculiar benefit ... as a result of the improvement made with the proceeds of the special assessment." Klemm, 129 So. at 907. Any such benefit need not be unique to the bearer, but it must be "direct" and "special." See Lake Cty. v. Water Oak Mgmt. Corp., 695 So. 2d 667, 670 (Fla. 1997). Benefits are not limited to capital projects or physical construction (e.g., a new road, new streetlights); provision of vital services suffices. Madison Cty. v. Foxx, 636 So. 2d 39, 50 (1st DCA 1994). Neither case law nor statute provides any finite list of benefits that qualify. An overview of existing case law shows that courts have approved a broad array of services and benefits funded through special assessments. They include: • Fire protection, see Fire Dist. No. 1 of Polk County v. Jenkins, 221 So. 2d 740 (Fla. 1969); • Garbage collection, see Fiske, 350 So. 2d 578; • Recycling services, see Sockol v. Kimmins Recycling Corp., 729 So. 2d 998, 999 (Fla. 4th DCA 1999); • Erosion control, see City of Treasure Island v. Strong, 215 So. 2d 473 (Fla. 1968);. • Sewer improvements, see City of Hallandale v. Meekins, 237 So. 2d 318 (Fla. 4th DCA 1970), aff'd sub nom. Inv. Corp. of S. Fla. v. City of Hallandale, 245. So. 2d 253 (Fla. 1971). 245 So. 2d 253 (Fla. 1971),- • 971);• Street improvements, see Bodner v. City of Coral Gables, 245 So. 2d 250 (Fla. 1971); • Beautification projects, see City of Winter Springs v. State, 776 So.2d 255 (Fla. 2001), • Security guard gate and security services, see Rushfeldt v. Metropolitan Dade County, 630 So.2d 643 (Fla. 3d DCA 1994); and 3 929 Law enforcement protection and mosquito control, see Quietwater Entertainment, Inc. v. Escambia County, 890 So. 2d 525, 527 (Fla. 1st DCA 2005). In line with these decisions, local governments around the state have lawfully adopted special assessments to fund many services. Miami -Dade, for example, has adopted special assessments to fund solid waste management, security, lighting, landscape maintenance, aquatic weed control in lakes, and maintenance of community walls and entrance features. Although the list of projects and services is diverse, the common thread tying this assortment together is the direct and special nature of the benefit to payors. The entities affected by the assessment must obtain some positive impact as a result of their payment. Courts afford great deference to local governments on the question whether projects qualify as providing a proper benefit. Indeed, courts agree that a "legislative determination as to the existence of special benefits . should be upheld unless the determination is arbitrary." See Sarasota Cty., 667 So. 2d at 184. Here, the service provided by the county is the collection of funds and the transfer to the state for federal matching. This service is one local governments—and local governments alone—are uniquely positioned to provide. Because of the nature of federal requirements related to Medicaid -match eligibility, private collection arrangements do not suffice. See Social Security Act §1903(w); 42 CFR Part 433 Subpart B. Only funds collected by state entities through permissible mechanisms and transferred through IGTs satisfy the necessary criteria. Performing mandatory collections, authorized by law or ordinance, is a "usual and recognized" function of local government. Fiske, 350 So. 2d at 580. From the genesis of the nation, the government has levied and collected taxes from citizens and businesses. Florida law, combined with the inherent home -rule authority of local governments, bestows the power of special assessment collection on counties. § 125.01(1)(r), Fla. Stat.; City of Boca Raton, 595 So. 2d at 29. Just as governments are the "usual and recognized" purveyors of road construction projects and fire service underlying special assessments, so too do they represent the customary assessors and collectors of taxes and other mandatory fees. Submission of funds via intergovernmental transfer (IGT) is similarly a "usual and recognized" function of local government. Since 2018, the City of Orlando has used IGTs to fund the non-federal share of a directed payment for charity care. Walton County has done so for charity care since 2020. Such transfers are a service in that they unlock the available federal matching dollars. 4 930 The benefit derived from the proposed special assessment is both "direct" and "special." See Lake Cty., 695 So. 2d at 670. Federal funds flow back and directly benefit the payors of the assessment because they offset the cost of providing Medicaid services and other forms of uncompensated care. Because hospitals typically provide such services at a loss, the new form of reimbursement fulfills a critical funding need and frees up revenue streams that can be repurposed for, among other things, physical plant improvements and upgraded patient services. The need for the federal subsidy—the benefit conferred as a result of the special assessment—is rooted in the harsh realities of providing indigent care. For these reasons, any county levying an assessment can readily demonstrate the basis for its determination that the special assessment resulted in a benefit to payors of the assessment. Effect on Land Value In addition to providing a qualifying benefit, special assessments typically increase the value of assessed real property in some respect. See Fisher v. Board of County Commissioners, 84 So.2d 572 (Fla. 1956) ("To constitute a special benefit, the improvement must add something to the usual market value of the assessed property."). However, the test is not rigid, and the Florida Supreme Court has endorsed a benefits analysis that is broader in scope. See Meyer v. City of Oakland Park, 219 So. 2d 417, 420 (Fla. 1969) ("The term `benefit,' as regards validity of improvement assessments, does not mean simply an advance or increase in market value, but embraces actual increase in money value and also potential or actual or added use and enjoyment of the property."). Beginning in the early 1970s, some courts operated from the premise that the increase -in - value analysis should be divorced from the property's then -current use. In one notable example, the Fourth District Court of Appeal held that "a special use to which property is put cannot be considered" in the value -enhancement calculus; the Fourth District Court of Appeal suggested that the analysis must be blind to the property's usage because the use of the land is voluntary and subject to change. City of Hallandale, 237 So. 2d at 322. That narrow and rigid perspective quickly encountered opposition. In the 1977 case of Charlotte County v. Fiske, the Second District Court of Appeal approved a waste -management special assessment distinguishing between residential and commercial property (excluding commercial property from the assessment entirely) because the two types of property required different types of garbage -disposal services. 350 So. 2d at 580. The Florida Supreme Court endorsed this view in the 1995 Sarasota County case. Relying on Fiske, the Court upheld an assessment for contaminated stormwater treatment services that applied to developed real property but not to undeveloped real property. Id. at 185-86. The Court credited the county's E 931 findings that properties with impervious surfaces contributed the polluted stormwater to be treated by the system, while undeveloped properties absorbed runoff and therefore received no benefit. Id. District courts of appeal followed the trend. In 2005, the First District Court of Appeal in Quietwater Entertainment upheld an Escambia County special assessment for law enforcement protection and mosquito control for select lands based on the county's legislative findings that the assessed property had "unique tourist and crowd control needs requiring specialized law enforcement services to protect the value of the leasehold properly on the island and is subject to mosquito infestation." 890 So. 2d at 527. The continued persuasiveness of this thinking motivated the Florida Supreme Court's 2015 decision in Morris v. City of Cape Coral, 163 So. 3d 1174 (Fla. 2015). There, the Florida Supreme Court, in considering a challenge based on apportionment, approved a special assessment for fire -protection services that distinguished between developed and undeveloped property because the developed property derived a greater benefit from the assessment. Id. at 1178-79. In reaching its conclusion, the Court relied on reasoning articulated in Sarasota County v. Sarasota Church of Christ, Inc. to find that developed property could properly be assessed for fire services at a higher rate than undeveloped property because the cost to replace the respective structures differed and the service therefore provided a greater benefit to the developed property class. 163 So. 3d at 1179. This line of thinking also has led courts to conclude that the value -enhancement calculus may account for the effect on individuals occupying the assessed land. Courts will not uphold a special assessment ordinance if the initiative provides only a "personal benefit to individuals," but not to property. See City off. Lauderdale, 825 So. 2d at 348, 350 (invalidating an assessment for emergency medical services); see also Crowder v. Phillips, 1 So. 2d 629, 631 (Fla. 1941) (en banc) (finding an assessment for construction of a hospital invalid because "there is no logical relationship between the construction and maintenance of a hospital, important as it is, and the improvement of real estate situated in the district"). Likewise, courts will not uphold an assessment if the benefit conferred upon the payors is not "different in type or degree from the benefits conferred to the community as a whole." Hanna v. City of Palm Bay, 579 So. 2d 320, 323 (5th DCA 1991). But where the county can prove some "logical relationship" between the value of the payors' property and the project's purpose, the assessment will survive. See Lake Cty, 695 So. 2d at 670 (noting that a logical relationship must exist between the services provided and the benefit to real property). This view has led courts to uphold assessments for services such as garbage collection, fire rescue, and mosquito control—services that add value to land by virtue of enhancing its value and utility to occupants. These services are proper bases for assessments G 932 because they enhance property value by providing derivative benefits, such as lower insurance premiums and increased rent ceilings for occupying tenants. See Lake Cty., 695 So. 2d at 669; Fire Dist. No. I v. Jenkins, 221 So. 2d 740 (Fla. 1969). Courts agree, therefore, that the "logical connection" hurdle is overcome whenever the local government establishes the increased -value connection in the record.' Even if the determination of enhanced value is subjective in some respects, courts respect that such matters are "questions of fact for a legislative body rather than the judiciary," and that local government's findings "should be upheld unless the determination is arbitrary." Morris, 163 So. 3d at 1177 (citing Sarasota Church of Christ, 667 So. 2d at 183). As a general matter, courts are deferential because they recognize that "[n]o system of appraising benefits or assessing costs has yet been devised that is not open to some criticism." S. Trail Fire Control Dist., Sarasota County v. State, 273 So. 2d 380, 383 (Fla. 1973) (quoting City of Fort Myers v. State, 117 So. 97, 104 (Fla. 1928)). So long as the government has some evidence to support enhanced value, suits premised on the notion that value is not enhanced fail. See Harris v. Wilson, 656 So. 2d 512, 515 (Fla. 1 st DCA 1995), approved, 693 So. 2d 945 (Fla. 1997) ("As the County has made its legislative findings as to the existence of special benefits from disposal services, the courts should not substitute their judgment for those determinations."); City of Hallandale, 237 So. 2d at 320-21 ("[I]f reasonable men may differ as to whether land assessed was benefited by the local improvement, the determination of the city officials as to such benefits must be sustained."). Only where the city fails to produce any competent, substantial evidence that the property value of a parcel actually increased have courts invalidated the assessment. See, e.g., City of N. Lauderdale, 825 So. 2d at 350 (invalidating a special assessment for provision of emergency medical services because the city offered "no testimony or expert opinion indicating how the portion of the assessment providing for emergency medical services specially benefits real property"); Indian Creek Country Club, Inc. v. Indian Creek Vill., 211 So. 3d 230, 236 (3d DCA 2017) (rejecting a special assessment for security services because there was "no evidence in the record to show that any of the real property owners (residential or commercial) would get lower insurance premiums as a result of the Village providing general law enforcement to its residents' real property; there appears to be no evidence in the record of an increase in law enforcement capabilities and patrols as a result of the special assessment; [and] there is no data ' Courts, however, will not find an adequate logical connection established where the local government presents only abstract testimony that the proposed benefit "generally renders real property more valuable and more marketable," without providing evidence of any specific increase in actual value of affected lots. See Donnelly v. Marion Cry., 851 So. 2d 256, 265 (5th DCA 2003). In Donnelly, the court invalidated an assessment, noting that even the "defendants' own expert testified he was unable to say with any exactitude what the increase in the value of any particular lot in the [area subject to assessment] was as a result of provision of the services at issue, even though he was confident that the lots `are more valuable and more marketable."' Id. at 266; id. at 265 n.10 ("Even the defendants' expert could not find any relationship between lower insurance rates [a purported benefit] and the services being provided."). 7 933 to show that property values would increase as a benefit of the general law enforcement provided to the Village and Club"). In contrast, where the local government's findings are supported by competent, substantial evidence, they are "entitled to a presumption of correctness." Desiderio Corp. v. City of Boynton Beach, 39 So. 3d 487, 493-94 (Fla. 4th DCA 2010) (citing City of Winter Springs, 776 So. 2d at 261-62); Ass'n of Cmty. Organizations for Reform Now/ACORN v. City of Fla. City, 444 So. 2d 37, 38 (Fla. 3d DCA 1983) (stating that a challenger cannot succeed unless he bears his burden of overcoming the presumption). Courts will accept legislative determinations supported by testimony of experts. Thus, in City of Winter Springs v. State, the Fourth District Court of Appeal upheld an assessment for district beautification projects based on findings from a consultant and appraiser hired by the city that a "positive and certain influence on the market value for properties [exists] in areas where such improvements are made." 776 So. 2d at 258. Comparable testimony supporting the value -enhancing benefit of a hospital special assessment is readily available. Properties eligible for the increased federal match are more valuable than their non -qualifying counterparts in neighboring districts without such assessments. When hospital systems seek to expand into Florida or a given region of the state or consider whether to stay, they will target lands in counties that levy the assessment and offer the federal match. This is so because the assessment results in a benefit: federal matching dollars. The resultant subsidy enables a "uniform percentage increase" in the reimbursement rate for each hospital's Medicaid services. As a result, the payments offset the Medicaid reimbursement shortfall each hospital faces and therefore diminishes the magnitude at which hospitals provide such services at a loss. Desire for lands offering this benefit will drive up the value, just as provision of certain services, such as fire protection or waste management, do. This assertion is supported by appraisal using the income method of property valuation. Applying that method, the net income generated by the property is measured in conjunction with certain other factors to calculate its value on the current market if the property were to be sold. Moreover, indirect benefits necessarily become available to payors and their properties as a county implements IGTs that result in payout of federal funds. Payors may apply funds received through matching to increase the value of the affected real property in myriad ways: capital improvements, facility expansion, and covering the costs of maintenance and upkeep. Legislative findings and expert reports to this effect will render the assessment defensible against challenge. 0 934 In sum, where the record contains sufficient evidence of benefit to property, courts caution only that special assessments cannot be unreasonable, arbitrary, used to generate profit for the local government,2 or borne unequally by those affected unless their benefits are proportionally unequal, as well. See Fiske, 350 So. 2d at 581. These pitfalls render an assessment invalid. However, the proposed special assessment for hospitals does not present these dangers. The assessment results in a benefit: federal matching dollars that offset the Medicaid reimbursement shortfall each hospital faces and therefore diminishes the magnitude at which hospitals provide such services at a loss.3 Comparable Special Assessments in Other Florida Jurisdictions Recognizing that a hospital special assessment comports with existing legal parameters, two jurisdictions in Florida currently collect assessments to support Medicaid -related IGTs. The City of Orlando collects an assessment based on the gross outpatient revenues of hospitals within the city limits that provide uncompensated charity care. These funds go to the state and then increase the draw -down from the Low -Income Pool.Collection began in 2018, and it remains intact. Walton County, too, adopted a special assessment in 2020 designed to collect funds for IGT and federal matching. The City of Pensacola previously also used a special assessment for the same purposes. To date, no payor has challenged these assessments in court. Entities with standing to levy such challenges are limited to the pool of payors of the assessment, and paying hospitals desire to continue contributing to the fund to obtain federal matching dollars.4 See Hays v. City of Tampa, 154 So. 687 (Fla. 1934) (concluding that a complaint against a special assessment is subject to dismissal if a plaintiff does not allege facts showing it has an interest that will be '- The Fiske court did not elaborate on what constitutes a "profit" for the local government. The confines of this boundary remain untested. 3 Because the rate of assessment is based on net patient revenue, the benefit conferred is connected proportionally to amount due. 4 Even if a challenge were asserted, Florida courts have held that refunds may not be appropriate if "equitable considerations" would preclude them. See Gulesian v. Dade Cry. Sch. Bd., 281 So. 2d 325, 326 (Fla. 1973). Such considerations include whether the assessment was levied in good faith and whether refunding "would impose an intolerable burden" on the government entity. In Dryden v. Madison County, 696 So. 2d 728 (Fla. 1997), the Florida Supreme Court specifically held that "[w]here an invalid tax scheme applies across the board and confers a commensurate benefit ... `equitable considerations' may preclude a refund." Dryden, 696 So. 2d at 730 (citing Gulesian, 281 So. 2d at 325). In Dryden, the plaintiffs were not entitled to refunds because the special assessments, though invalid, "were non-discriminatory (i.e., they applied across the board to all property owners in the county), and they conferred a commensurate benefit (i.e., they provided for garbage collection and disposal, landfill closure, ambulance service, and fire protection). Further, the county acted in good faith in imposing these assessments." Id. at 730. The case against any kind of a refund should the proposed assessment here be invalidated is even stronger in light of the receipt and distribution of matching federal funds. Unwinding the funding process would likely prove insurmountable and lead a court, in light of the actual benefit received, to refuse to order a refund. 0 935 adversely affected by the challenged assessment). As a result,, these programs have continuously generated valuable federal matching funds for affected hospitals. Other jurisdictions around Florida are in the process of adopting ordinances designed to generate funds for IGTs that will obtain federal matching to cover the Medicaid shortfall.' The availability of these local programs will attract hospitals seeking to expand into the state to assessing counties. Because Florida law allows for use of special assessments to generate funds for such IGTs, counties across the state can partner with local hospitals—stalwarts of the community, providers of indigent care, and large-scale employers—to provide much needed benefit and financial relief. Indian River County should follow the example of the state's entrepreneurial localities and pass the assessment ordinance. 5 On April 22, 2021, Escambia County adopted an ordinance authorizing the hospital local provider participation fund. Brevard County adopted a similar ordinance on May 18, 2021. The counties have not yet passed the resolutions specifying the rate for collection for the current fiscal year. 10 936 TITLE ORDINANCE AUTHORIZING CREATION OF INDIAN RIVER COUNTY LOCAL PROVIDER PARTICIPATION FUND UNDER THE AUTHORITY OF ARTICLE VIII, SECTION 1(F) OF THE CONSTITUTION OF THE STATE OF FLORIDA AND SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON -AD VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND PROCEEDS WHEREAS, the hospitals in Indian River County's jurisdiction (the "Hosp'ital<) annually provide millions of dollars of uncompensated care to persons who qualify for Medicaid b ce ause,Medicaid, on average, covers only 60% of the costs of the health care servi ee\s actual) \ g y C y provided by Hospitals to Medicaid -eligible persons, leaving hospitals with significant uncompensated costs ("Medicaid shortfall"); and WHEREAS, the State of Florida (the "State") received federal*authority to establish the Statewide Medicaid Managed Care hospital directed payment program (thIe�e "DPP") to help offset hospitals' Medicaid shortfall and improve quality of care provided to the flo'rida Medicaid population; and WHEREAS, impacted Hospitals have expr�`ked Indian River County (the 'County") to impose an assessment upon certain real property owned ythe-Hospitals to help finance the non- federal share of the State's Medicaid program; and WHEREAS, the only prope`rtiesto be assessed in th6se,localities are the real property sites of such Hospitals; and WHEREAS, the County recognizes that ne.or more Hospitals within the County's boundaries may be located upon real property leased*from governmental entities and that such Hospitals may be assessed beca-udu�se co�s`do not make distinctions on the application of special assessments based on "pro pertyeinterests" but rather.on the distinction f the classifications of real property being assessed; and 4___1` \\ WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided,consistentwith federal guidelines, support additional funding for Medicaid payments to Hospitals to address h�e'Medicaid shortfall; and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and especially from the assessment as a result of the above-described additional funding provided to said Hospitals; and WHEREAS, the County has determined that a logical relationship exists between the Medicaid services provided by the Hospitals, which will be supported by the assessment, and the special and particular benefit to the real property of the Hospitals; and 937 WHEREAS, the County has an interest in promoting access to health care for its low-income and under -insured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund payments to the Hospitals for health care services provided to Medicaid eligible persons directly and specifically benefits the Hospitals' properties and supports their continued/biliyto provide those services; and /, 1,1 WHEREAS, imposing an assessment limited to those Hospital pr.'operties t&help fund the provision of Medicaid services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and // WHEREAS, the assessment ensures the financial stabilit, y,and viability of the Hospitals providing such Medicaid services; and WHEREAS, the Hospitals are important contributors to the overall'County's economy and the financial benefit to these Hospitals directly and"specifically supports their mission,,as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the County finds the assessment will haan he Hospitals' ability to grow, expand, maintain, improve, and inc Ease the value of their facilities„under all present circumstances and those of the foreseeable future; and WHEREAS, the County,is proposin'g a properly apportioned assessment by which all Hospitals will be assessed a uniform amountthattis-compliant with 42 C.F.R. § 433.68(d); and WHEREA'S on-------rthe�nty adopted this Ordinance ------- enabling the County to levy a uniform non -ad valorem special assessment, whichlby definition is fairly and reasonably apportioned among the,Hospitals' properties within the County s jurisdictional limits, to establish and maintain a system of funding -for IGTs to support the non-federal share of Medicaid payments, thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT-ORDAI\0 BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. Title II of the Indian River County Code, is hereby amended, by adding a new Chapter 215 as follows: Sec. 215.01. -Title. This Chapter 215 shall be known and may be cited as the "Indian River County Local Provider Participation Fund Ordinance.” Sec. 215:02. -Authority. X-4' Pursuant to Article VIII, Section 1(f) of the Constitution of the State of Florida and Chapter 125 of the Florida Statutes, the Board is hereby authorized to impose a special assessment against private for-profit and not-for-profit hospitals located within the County to fund the non-federal share of Medicaid payments associated with Local Services. Sec. 215.03 - Purpose. The non -ad valorem special assessment authorized by this Chapter shall bd imposed, levied, collected, and enforced against Assessed Properties located within the County. oceeds fromthe Assessment shall be used to benefit Assessed Properties through enhanced Medicaid payments for Local Services. When imposed, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or municipa'I tax se and other non -ad val ro e assessments, and failure to pay may cause foreclosure proceedings to`�be instituted that coul.1lesult in loss of title. The Assessment shall be computed and assessed only,in the manner provided in this Ordinance. C Sec. 215.04. - Alternative Method This Ordinance shall be deemed to provide an Sdditi § 197.3631, Fla. Stat., for the assessment and collect described herein. The Ordinance shall be regarded a by other laws and shall not be regarded as in deroga in the future. This Ordina the County, shall be liber, Sec. 215.05. - Definitions. When used in this Ordinance, the fol clearly require's,� hereof, which`shall,be the final pro the non -ad valorem assessment foi Assessed Property,means a right of use to real property ihthe i subject to the Assessment. >ary for the h effect the pu terms shal nd alternative method; as specified in ,t eh =non -ad valorem special assessment iental and additional to powers conferred any power,now existing or which may exist i,, safety, and welfare of the inhabitants of the following meanings, unless the context s the resolution described in Sections 215.14 - 215.15 ling for the imposition of an Assessment, establishing the rate for pecific Fiscal Year. stitutional Health Care Provider holding a right of possession and my through an ownership or leasehold interest, thus making it Assessment means a non -ad valorem special assessment imposed by the County on Institutional Health Care Providers located in the County limits to fund the non-federal share of Medicaid and Medicaid managed care payments directed to hospitals providing Local Services in the County. Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Chapter, or such person's designee. 939 Assessment Resolution means the resolution described in Section 215.09 hereof. Board means the Board of County Commissioners of Indian River County, Florida. Comptroller means the Indian River County Comptroller, ex officio Clerk to the Board, or other such person as may be duly authorized to act on such person's behalf. / County means Indian River County, Florida. Fiscal Year means the period commencing on October 1 of each'yaar an l,continuing through the next succeeding September 30, or such other period as may be,prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a privafe.for-..profit o"r�not-for-profit hospital provides inpatient hospital services. Local Services means the provision of inpatient and outpatient hospital services to Medicaid, indigent and uninsured members of the Indian River County communit\\ Non -Ad Valorem Assessment Roll mea Ordinance means the Indian River County Tax Collector means t Sec. 215.06. - Inte Unless the context indicates othei and similar terms refer to this Cha means before Sec. 2 an River County T I assessment roll prepared by the County. lector. pation Fund Ordinance. "hereof," "hereby," "herein," "hereto," "hereunder" hereafter" means after, and the term "heretofore" Pursuant to §`12501, Fla. Stat.,`the�Board is hereby authorized to create a non -ad valorem special assessment that shaall`Itb\ mposedNevied, collected, and enforced against Assessed Property to fund the non-federal share of Medicaid payments benefitting Assessed Properties providing Local Services in the County. Funds generated-as, re�tlof the Assessment shall be held in a separate account called the local provider participation fund and shall be available to be used only to (1) provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries and (2) reimburse the County for administrative costs associated with the implementation of the Assessment authorized by this Ordinance, as further specified in the Assessment Resolution. The Assessment will be broad based, and the amount of the Assessment must be uniformly imposed on each Assessed Property. The Assessment may not hold harmless any Institutional Health Care Provider, as required under 42 U.S.C. § 1396b(w). As set forth in Section 215.03, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or 940 municipal taxes and other non -ad valorem assessments. In addition to other remedies available at law or equity, the enforcement of the aforesaid Assessment shall be at the same time and in like manner as ad valorem taxes and subject to all ad valorem tax enforcement procedures afforded to use of the off icial.annual real property tax notice. Creation and implementation of the Assessment will not result in any adclit laon pecuniary obligation on the County, Board, or County residents as the Assessment shall be imposed, levied, collected, and enforced against only Assessed Properties, and the Assessment Reso t nsh lahpro ide that the County's administrative costs shall be reimbursed from the collected amounts. The County's administrative costs shall not exceed $150,000. Any reasonable expenses the County,incu.rs to collect delinquent assessments, including any attorney's fees ince' sa azresult of contracting w`,an attorney to represent the county in seeking and enforcing th\ collection l!f delinquent assessm} nts, are not subject to the limitation on administrative costs. (r �` Sec. 215.08.- Computation of Assessment. The annual Assessment shall be specified for -each Assessed Property. TReBoard shall set the Assessment in amounts that in the aggregat Wil generate sufficient reve un e.to fund the non-federal share of Medicaid payments associated with Local*Se crvi es,to be funded by the�Assessment. The amount of the Assessment required of each Assess:dPr�jakrtyy'may_not exceed an amount that, when added to the amount of other required assessments equals an amount of revenue that exceeds the maximum percent of the`aggregate net patient revenue,of all Assessed Hospitals in the County permitted by 42 C.F.R. § 43K68(f)( (i)(A). Assessments for each.Assessed Property will be derived from data contained in the Florida Hospital Uniform Reporting System as available from the Florida Agency for Health Care Administration. Sec. 215.09..-- Assessment Resolution. The Assessment Resolution- ll describe (a) the Medicaid payments proposed for funding from proceeds &Ut `Assssessmentt; b,) the benefits to -the Assessment Properties associated with the Assessment; (c) the methodology,foricomputing the assessed amounts; and (d) the method of collection, including,how,and when�the Assessment is to be paid. Sec. 215.10. - Non -Ad Val Roll. The Assessment Coordinator shall prepare, or direct the preparation of, the Non -Ad Valorem Assessment Roll, which shall contain the following: a) The names of the Assessed Properties; b) The Assessment rate and amount of the Assessment to be imposed against each Assessed Property based on the Assessment Resolution. 941 The Non -Ad Valorem Assessment Roll shall be retained by the Assessment Coordinator and shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Assessed Property can be determined by use of a computer terminal available to -the public. Sec. 215.11. - Notice by Publication. Upon completion of the Non -Ad Valorem Assessment Roll, the Assessdie iftcbrdinator shall publish once in a_ newspaper of general circulation within the County a notice stating tfiat t a meeting of the Board on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the Board will hear objections of all interested persons to approve the aforementioned Non -Ad Valorem Assessment Roll. Such notice shall include:�� a) The Assessment rate; b) The procedure for objecting to the Assessment rate; N c) The method by which the Assessment -will be collected; and d) A statement that the Non -Ad Valorem Special,Assessment Roll is available for inspection at the Office of the Assessment Coordinator. Sec. 215.12. -Notice by Mail�� In addition to the published not' ice required by Section 21 1, but only.forthe first fiscal year in which an Assessment is impose -by the Board against Assessed Properties, the Assessment Coordinator shall provide notice of the proposed sessment.by first class mail to the Assessed Properties. Such notice shall include: a) The , u',rpose�o`f-i b) ITh/e_(Asssessment c) The u d) The total reve essment; asureme e) A statement that failu the property or forecl title to the property; levied againt,each Assessed Property; pplied to determine the.Assessment; collected by the County from the Assessment; o pay the Assessment will cause a tax certificate to be issued against re proceedings to be instituted, either of which may result in a loss of f) A statement that all affected and/or interested parties have a right to appear at the hearing and to file written objections with the Board within 20 days of the notice; and g) The date, time, and place of the hearing. 942 Notice shall be mailed at least 20 calendar days prior to the hearing to each Assessed Property at such address as is shown on the Assessment Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The Assessment Coordinator may provide proof of such notice by affidavit. Failure of the Assessed Property to receive such notice, due to mistake or inadvertence, shall not affect the validity of the Assessment Roll or release or discharge any obligation for payment of the Assessment imposed by the Board pursuant to this Chapter. Sec. 215.13. - Adoption of Assessment Resolution and Non -Ad Valo Roll. At the time named in the notice, the Board shall receive and consider any'written objections of interested persons. All objections to the Assessment Resolution -arid teNon-Ad Valorem Assessment Roll shall be made in writing and filed with the Assessment Coordinator at or before the time or adjourned time of such hearing. At the date and time named in the -notice, the Board may adopt the Assessment Resolution and Non -Ad Valorem Assessment Roll which shall: N a) Set the rate of the Assessment to be imposed; b) Approve the Non -Ad Valorem Assessment Roll, with such amendments-as,it deems just and right; and c) Affirm the method of collection. Sec. 215.14. -Annual Final Assessmentt—_�esolution. \Roll v The Board may revise the�Non-Ad Valorem Assessment uring the Fiscal Year to modify the Assessment rate. However, the Board must adopt an Annual Final Assessment Resolution during the Fiscal Year to memorialize the final rate applicable for the Fiscal Year. Sec. 215.15.-EEffect-of Annual Final Ass`ess`Men�t Ressolutibn. The adopt -ion n�theA al Final Assessment Resolution shall be the final adjudication of the issues present6fl-including, but not limited to, the method of apportionment and Assessment, the Assessment rate, the initial rate,of Assessment, the Non -Ad Valorem Assessment Roll, and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the ate of Boal duction on the Annual Final Assessment Resolution. The Non -Ad Valorem Assessment Roll shall be,delivered to the Tax Collector or such other official as the Board by resolution shall designate. U Sec. 215.16. - Method,of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method, as specified in the Assessment Resolution. 943 Sec. 215.17. - Refunds. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized to make refund to Assessed Properties in proportion to amounts paid in during the Fiscal Year for all or a :portion of the unutilized local provider participation fund. Sec. 215.18. - Responsibility for Enforcement: The County and its agent, if any, shall maintain the duty to enforce tKe promptxcollection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by,mandamus or other appropriate proceedings or actions. Sec. 215.19. - Correction of Errors and Omissions. No act of error or omission on the part of the Comptroller, Property Appraiser, Tax Collector, Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the�,proyision of this Chapter. SECTION 2. APPLICABILITY. It is hereby intended that this Ordinance shall constitute a uniform law applicable in all unincorporated areas of Indian River County, Florida, and to all incorporated areas oflndian River County where there is no existing conflict of law or mu cin ipal ordinance. SECTION 3. SEVERABILITY If�isforany portion of this Ordinance any -reason -held invalid or declared to be unconstitutional, inoperative, or void by any court of competent jurisdiction, such holdings shall not affect the validity of the remain nce. SECTION'4. RESOLUTION�OF-CONFLICT OF LAWS. In all instanc\here Florida laaw\as evidenced by the Florida Administrative Code, Florida Statutes, applicable case laworotherwise mandates standards or requirements that are stricter than the provisions of this Orcl anc�or`w�re a matter is addressed by Florida law that is not addressed by this Ordinance, then said law shall.govern. In situations where this Ordinance addresses a matter in a manner that is stricter than that 'of Florida law, the provisions of this Ordinance shall control. SECTION 5. INCLUSION IN THE INDIAN RIVER COUNTY CODE. The provisions of this Ordinance shall be included and incorporated in the Indian River County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Indian River County Code, once established. SECTION 6. FILING OF ORDINANCE. 944 In accordance with the provisions of § 125.66, Fla. Stat., a certified copy of this Ordinance shall be filed with the Florida Department of State. SECTION 7. EFFECTIVE DATE. This Or( 945 l3L MEMORANDUM TO: Board of County Commissioners FROM: Susan J. Prado, Assistant County Attorney DATE: August 6, 2021 SUBJECT: Permission to File an Injunction Against Angela Piscitelli. BACKGROUND: Angela Piscitelli is the owner of the property located at 1916 79th Avenue, Vero Beach, Indian River County, Florida ("Subject Property"). There is a single family residence located on the Subject Property and it is occupied by Angela Piscitelli and her adult son, Paul Piscitelli. The Subject Property is served by a septic system and the septic system is malfunctioning creating a sanitary nuisance. The Health Department in Indian River County ("DOH") originally was in communication with the son, Paul Piscitelli, who resides at the Subject Property. The owner and the son, had indicated that they lacked funding to repair the sanitary nuisance. DOH staff provided the owner and son with information for the SHIP program. However, shortly after communication ceased and DOH sent the Notice of Violation to the owner of the Subject Property. A Notice of Violation was delivered via Certified Mail on January 7, 2021, by the United States Postal Service. Then on February 17, 2021, a Formal Notice to Correct Violation was hand delivered to the Subject Property and received by Paul Piscitelli. The owner failed to bring the property into compliance and correct the sanitary nuisance. The case was heard by the Environmental Control Hearing Board on June 3, 2021. The owner and son failed to appear and the Environmental Control Hearing Board ordered DOH staff to look into filing an injunction should the property owner fail to obtain a permit within seven (7) days. The sanitary nuisance still exists today and therefore DOH is seeking to obtain an injunction. Pursuant to Chapter 85-427, Florida Statutes, and the Amendment to Amended Rules of Conduct of Proceedings Before the Indian River County Environmental Control Hearing Board dated May 27, 1999, the Environmental Control Officer may enforce any violation of a county ordinance, all laws of the State of Florida, and all of the rules of state agencies, including the Department of Environmental Protection and the Department of Health by filing a civil action in the name of Indian River County. 946 Due to the.fact the owner of the Subject Property has failed to take action and there is a serious sanitary nuisance taking place that needs to be addressed as soon as possible, the County Attorney's Office is, seeking to file suit in circuit court for injunctive relief in the name of Indian River County. FUNDING: Funding for any costs associated with a suit (approximately $500) is budgeted and available in Account #00110214-033190, General Fund/County Attorney/Other Professional Services. RECOMMENDATION: The County Attorney's Office recommends that the Board of County Commissioners authorize County Attorney's Office to file suit in circuit court for injunctive relief asking the court to (1) direct Angela Piscitelli to repair the existing septic tank on the Subject Property; (2) direct Angela Piscitelli to perform pump outs as often as is needed until the septic system is repaired should the residence remain occupied or; (3) enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to septic system; (4) enjoin the Subject Property from being occupied until septic system is repaired by a certified septic contractor to service the existing structures; and (5) direct the county to abate the sanitary nuisance and lien the Subject Property for the abatement of said sanitary nuisance. ATTACHMENT(S) A copy of the Complaint for Injunctive Relief. 947 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY a political subdivision of the State of Florida. Plaintiff, V. Case No: Judge: ANGELA PISCITELLI Defendant. COMPLAINT FOR INJUNCTIVE RELIEF The Plaintiff, Indian River County (the "County"), by and through its undersigned attorney, and pursuant to Rule 1.610, Florida Rules of Civil Procedure, requests that this Court enter an order granting this Complaint for Injunctive Relief against the Defendant, Angela Piscitelli, (hereinafter "Defendant" or "Respondent") concerning the property located at 1916 79"' Avenue, Vero Beach, Florida, Indian River County, Florida, and in support states as follows: Jurisdiction and Venue 1. This is an action for injunctive relief that is within the subject matter jurisdiction of this Court. 2. Venue is proper because the County's principal address is in Indian River County, Florida, and the Defendant's residential address is in Indian River County, Florida. Parties 3. The County is a political subdivision of the State of Florida, with the power to sue for injunctive relief to enforce its duly enacted regulations. 948 4. Angela Piscitelli is the listed owner of the following described property since 1991: Lot 19, Greenbrier Unit One, according to the Plat thereof recorded in Plat Book 6, Page 56, Public Records of Indian River County, Florida. A copy of the deed to the property is attached to this complaint as "exhibit I", and incorporated by reference herein ("Subject Property"). Statement of the Facts 5. The Subject Property is zoned residential single-family use and has a single-family residence served by a septic tank. Please see "exhibit 2." 6. The Subject Property is currently occupied by the owner and her adult son Paul Piscitelli. 7. On December 9, 2020, the Florida Health Department of Indian River County ("DOH") inspected the Subject Property after it received a complaint about a sanitary nuisance. During this inspection, DOH confirmed that the septic tank system servicing the single-family residence on the Subject Property is failing. 8. Subsequently on January 4, 2021, February 17, 2021, and: March 30, 2021, representatives from DOH re -inspected the Subject Property and the failed septic system at the Subject Property and found that the owner of the Subject Property has failed to maintain and repair the septic system allowing septage effluent (raw human sewage) to pond on the surface of the ground. 9. The exposure of untreated human waste is a violation of Sections 386.041(1)(a), Florida Statutes. 949 10. The improperly built or maintained septic tank is a violation of Section 386.041(1)(b), Florida Statutes. 11. Under Florida Statutes Section 386.041(2), the DOH, is authorized to investigate any condition or alleged nuisance, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of Chapter 386 of the Florida Statutes. 12. The conditions on the Subject Property constitute the creation and maintenance of a condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans in violation of Section 386.041(1)(e), Florida Statutes. 13. On January 7, 2021, DOH sent a Notice of Violation to the listed owner of the Subject Property via certified mail. DOH also hand delivered the Notice of Violation on February 17, 2021 and April 19, 2021. Please see "exhibit 3." 14. On May 18, 2021, the DOH issued a Notice of Non Compliance and Notice of Hearing for the Respondent to appear at the June 3, 2021 Environmental Control Hearing Board (hereinafter "ECHB") via process server. Please see "exhibit 4." 15. On June 3, 2021, the ECHB met and the Respondent and her son, Paul Piscitelli, failed to appear. 16. At the June 3, 2021 ECHB Hearing, after hearing testimony and evidence, the ECHB found that the Respondent was in violation of Sections 386.041(1)(a), (b), and (e), Florida Statute. The ECHB ordered the Respondent to obtain an emergency permit for the repairs required to be made to the septic tank within seven (7) calendar days of the issuance of the order; to have the septic tank pumped out every ten (10) days to prevent further sanitary nuisance or vacate the premises; and W11 to have the system completely repaired within thirty (30) calendar days. The ECHB further ordered that the County look into seeking an injunction should Respondents not comply with the order. Please see order attached hereto as "exhibit 5" and incorporated herein by reference. herein. Count I: Injunctive Relief 17. The County adopts and incorporates by reference paragraphs 1 through 16 as set forth 18. Where the government seeks an injunction in order to enforce its police power, any alternative legal remedy is ignored and irreparable harm is presumed. Metropolitan Dade County v. O'Brien, 660 So. 2d 364, 365 (Fla. 3d DCA 1995). In doing so, any alternative legal remedy is ignored and irreparable harm is presumed. Id.; Rud e v. City of Stuart, 65 So. 3d 645, 647 (Fla. 4t' DCA 2011). 19. The issuance of a temporary injunction requires a showing of four elements: (1) irreparable harm; (2) a clear legal right; (3) an inadequate remedy at law; and (4) the public interest will be served. Weinstein v. Aisenberg, 758 So.2d 705, 706 (Fla. 4th DCA 2000; Rudge at 647. 20. In the alternative, the issuance of a permanent injunction requires a showing of three elements: (1) the act or conduct to be enjoined violates a clear legal right; (2) there is no adequate remedy at law; and (3) injunctive relief is necessary to prevent an irreparable injury. Hollywood Towers Condominium Ass'n, Inc., v. Hampton, 40 So. 3d 784 (Fla. 4th DCA 2010). 21. Pursuant to Chapter 85-427, Laws of Florida, and the Amendment to Amended Rules of Conduct of Proceedings Before the Indian River County Environmental Control Hearing Board dated May 27, 1999, the Environmental Control Officer may enforce any violation of a county ordinance, all laws of the State of Florida, and all of the rules of state agencies, including the 951 Department of Environmental Protection and the Department of Health by filing a civil action in the name of Indian River County. 22. The Subject Property has a sanitary nuisance that could injure the owners, visitors, or the general public. These violations clearly violate the law and the County has a clear legal right to an injunction to stop the above -referenced violations of the laws, rules and regulations of the State of Florida. 23. As of the date of filing this complaint, the Subject Property has not been brought into compliance with the laws of the State of Florida. Photos of the Subject Property, which depict the conditions and the corresponding dates, are attached to the complaint as exhibit 6, and are incorporated by reference herein. 24. The use of an injunction is necessary to abate the ongoing sanitary nuisance because there is no adequate remedy of law. Defendant has indicated that it is too expensive to fix the safety and sanitary nuisances on the Subject Property. 25. It would serve the interests of the public as well as prevent irreparable injury to the tenants, visitors, and/or general public if this Court entered an injunction to: (1) require Defendant to hire a certified septic tank contractor to repair the existing septic tank on the Subject Property; (2) prohibit the Subject Property from being occupied while there continues to be a sanitary nuisance; and (3) prohibit the Subject Property from being occupied until a new septic tank is installed and the drainage field is repaired and/or replaced. WHEREFORE, Plaintiff, INDIAN RIVER COUNTY, FLORIDA, respectfully requests that this Court: 952 A. Enter a temporary or permanent injunction directing Defendant, Angela Piscitelli, to repair and or replace the existing septic system on the Subject Property. B. Enter a temporary or permanent injunction to enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to the failed septic system. C. Enter a temporary or permanent injunction to enjoin the Subject Property from being occupied until the septic system serving the existing infrastructure is repaired or replaced by a certified septic. contractor. D. Plaintiff also seeks all such other relief as the Court deems just and appropriate. Respectfully submitted this day of August, 2021. Susan J. Prado, Esq. Assistant County Attorney Indian River County Attorney's Office Florida Bar No: 0112130 1801 27th Street, Vero Beach, FL 32960 Telephone: (772) 226-1424 Primary Email: sprado@ircgov.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U. S. Mail to: Angela Piscitelli, 1916 79th Avenue, Vero Beach, Florida, 32966, this day of August, 2021. Susan J. Prado, Esq. Assistant County Attorney Indian River County Attorney's Office 953 Florida Bar No: 0112130 1801 27`h Street, Vero Beach, FL 32960 Telephone: (772) 226-1424 Primary Email: sprado@irc.gov.com 954 Office Of Attorney's Matters 08/17/2021 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 13, 2021 SUBJECT: Acquisition of Right -Of -Way from Pamela Ryall Morris for Phase I of 66th Avenue Improvements — 6760 57th Avenue, Parcel 320 Pamela Ryall Morris (Ms. Morris) is the owner of a 9.77 acre parcel of property on the north side of 57th Street, west of 66th Avenue as shown below as Figure 1. Morris 57th Street Parcel 320 August 19, 2021 Page 12 The County needs to acquire a 0.38 -acre strip of right-of-way along the southern border of the property. The rectangular strip extends 328' along 57th Street and is 50' wide. Please see the sketch and legal description attached to this memorandum. The property is currently used for grazing cattle and is improved with three wells and fencing but contains no structures. The property is zoned A-1, Agricultural, up to one unit per five acres. The County's appraisal for Parcel 320 was performed by Armfield & Wagner. They assigned a value of $10,700 for the land ($28,500/acre) and $2,500 for the improvements for a total of $13,200. The appraisal did not find any severance damages. Ms. Morris counter offered with $43,500 per acre for the land. This was based on a recent sale (June 2021) of unimproved land located at 6900 61St Street, Vero Beach, in close proximity to the Morris parcel. Staff confirmed this sale and the parties have agreed to use the $43,500/acre price as the basis for the purchase. The County has also agreed to either relocate or replace the existing fence at the new right-of-way line at the County's expense. Total acquisition cost for Parcel 320: 0.38 acres X $43,500/acre = $16,530. There are no expert witness fees or attorney's fees in this acquisition. By comparison, in February 2017, the County purchased the 18.72 -acre Greene property located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater park for $558,900 ($29;855 per acre) which was an arm's length transaction without the threat of eminent domain. The County previously purchased the Miami Block from Central Groves at the southwest corner of 66th Avenue and 69th Street for $35,250/acre for the entire 18.59 parcel ($655,298.00) and $42,500/acre for 13.78 acres from Central Groves on the west side of 66th Avenue at 61st Street. As this acquisition did not involve any fees or costs, staff has followed the Board's direction of maximizing the return to the landowner. STAFF RECOMMENDATION: Staff recommends the Board approve the above stated terms of the Purchase and Sale for the Morris property and authorize the County Administrator execute the completed Agreement for Purchase and Sale on behalf of the Board. FUNDING: Funding in the amount of $16,530 for the acquisition is budgeted and available from Traffic. Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009 ATTACHMENT: Aerial photo, sketch and legal description of right-of-way Parcel 320. 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N W W x> z"'w p m J F }Q00 o Z N� - I �0 II 160 w Lt_ O X goon Q ��U Q Z w 0 ( Z Q F- xD - Ln 1E I- In xx F Ln 2 F 2 LTJ II 3 z II _ ~ o Z > U a..�zU� w z 0 vi QmIILLII � � �FOo� J Q0ULLJ Xd F=- 00 c ri J ��ri�zz U L=n o LL, Z a 0 z q � --5 August 17, 2021 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 30, 2021 SUBJECT: BCC Presentation of St. John's River Water Management District Central Springs/East Coast Regional Water Supply Plan FROM: Joseph E. Flescher, Chairman Commissioner, District 2 Discussion Item:, On July 28, 2021, the St. John's River Water Management District (SJRWMD) conducted a public workshop on the Central Springs/East Coast Regional Water Supply Plan. The presentation was informative, with robust public interaction on the data SJRWMD brought forward. SJRWMD will conclude their research within a few months and subsequently be ready to provide their plan of action; my opinion is that it would be appropriate for the SJRWMD to make a presentation at an upcoming BCC meeting, once their plan is completed. I'd like to discuss, and hopefully garner support for, making such an invitation to the SJRWMD. 955 1q61 August 17, 2021 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the BOCC DATE: August 9, 2021. SUBJECT: Potential changes to the current practice of allowing offsite landscaping permitted as an accessory use on agricultural zoned land, within the LDR Code 911.06 FROM: Joseph H. Earman, Commissioner, District 3 Discussion Item: I'd like the Board to reexamine the current practice of allowing offsite landscaping permitted as an accessory use on agricultural -zoned land. Background: Currently, commercial offsite landscaping operations are permitted as an accessory use in A-1, A-2, and A-3 zoning. Since late 2015 (or before), the presence of active, off-site, commercial lawn and landscaping businesses in agricultural -zoned lands has become controversial. Complaints have been raised -- specifically by owners of homes and "ranchettes" located on adjacent agricultural -zoned land -- that these businesses and their associated crews, vehicles, and heavy equipment produce substantial noise and road deterioration; among other issues. Community Development's Code Enforcement Division received complaints that prompted investigation and mitigation; some cases/complaints had merit, while others did not. Regardless of outcome, these complaints brought attention to the matter of whether non -agriculture commercial businesses should be operating from properties that are zoned for agricultural use. Some commercial and offsite landscaping businesses located/relocated to these ag areas due to the convenient size (five acres or more) of agricultural -zoned properties, thus giving them the space to operate and store the equipment and products needed for their services. Single family homes, built either before or after the businesses were established, served as a personal residence on the property and as a home office for the 956 commercial business operated from that same location. Other individuals/companies have built "ag barns" and other agricultural structures which are permitted on agriculture lands under State of Florida law and do not require permits from IRC except if located within a flood zone. The ag barns can similarly be used to store and maintain equipment and sometimes have business offices located within. Landowners owning "ag-zoned" lands are asked, when seeking permission for an agriculturally -exempt structure, to file an affidavit.with the Community Development office attesting to their "ag exemption" status; this is done in good faith and not specifically checked unless an issue is reported to code enforcement. Analysis: The State of Florida clearly defines the term "Agricultural' in Chapter 570 and 570.02, further defines "Agricultural Purposes" in Chapter 193, and covers "assessment" in 193.461. In addition, Chapter 823 of the Right to Farm Act, as recently signed by Governor DeSantis: on April 29, 2021, clearly states how agriculture is to be considered. Commercial lawn services are not considered "agriculture" by definition. While a single-family home can be built on "ag-zoned land," it should be noted that agricultural business and adjacent residential homes/ranchettes are not always compatible with each other; after all, any type of agricultural business or business that supports agriculture (and even those that may be considered as "heavy workload") could be located next to that home. As the name implies, "ag-zoned land" is not truly residential land, even though a residence is allowable within the law. When building a home on agricultural -zoned land, homeowners have to sign an "Agriculture Acknowledgement Form," which essentially attests to their understanding of current or future agriculture business practices being conducted near or adjacent to the home site. Under the "Right to Farm Act" these businesses have every right to operate within this zoning as long as they are "agricultural' and meet the proper criteria. Thus, the adjacent homeowner shall have no basis for complaint as long as the business follows best practices. Offsite commercial businesses have taken advantage of the agricultural tax exemption given to "ag-zoned" properties by paying far less than other commercial landscaping businesses located in different zoning districts, such as industrial or commercial. Attached is a comparison of some of the current properties with regards to taxes paid in 2020. Offsite landscaping businesses frequently. claim that their "lawn business" is secondary to a plant nursery or tree farm business, and that these additional operations should qualify for the agriculture exemption. It is reasonable that IRC staff should be able decide on the merits of these claims and issue a renewable administrative permit, subject to annual follow-up (or as required to ensure compliance). 957 The current "County code verification method" used to permit offsite commercial lawn businesses to operate in agricultural -zoned land is complex and multi -faceted, and County staff can face difficulties in determining what constitutes agriculture and what does not. (This may need to be resolved even if the B.CC decides not to make any changes to the current zoning.) The Property Appraiser's Office does its best to "carve out" single family homes or large work area buildings located on agricultural -zoned properties, separating them from the agricultural business as defined by the State and IRC zoning, but sometimes the code makes it difficult to classify structures. It should be noted that the Property Appraiser determines use -classification for tax purposes but does not set or enforce the zoning policies of the County; zoning and any related issues are the task of the BCC. Exactly who may reside on or establish a business on "ag-zoned land" may not presently seem like a major issue for the County, but it should be noted that, with increasing land use for residential development, keeping "ag-zoned" properties specific to their defined purpose is the best practice. To allow commercial, non-agricultural uses on these lands and then attempt to further enforce and apply regulations or make accommodations on a per -case basis is not a good practice. In my opinion, the BCC should not dismiss possible zoning changes or administrative permitting to "ag land" that might be near or adjacent to other compatible properties or locations, where these would be in the best interest of the County.. It is also important to note that properties currently used for offsite commercial landscaping businesses must be "grandfathered" at the time of any changes in the LDR, and continue to operate as they have been accustomed. Any changes to the LDR must be "clear, concise and enforceable". Funding: There is no funding needed as this time. Potential Courses of Action: • Option #1: Leave the current application of the ordinance in place, making no changes • Option #2: Eliminate the ordinance which allows any commercial business that would more appropriately be located in Commercial or Industrial Zoning Districts, including offsite commercial lawn services, on agricultural zoned properties. Permit those commercial landscaping or other non -defined businesses currently operating on ag-zoned land to operate as previously accustomed ("grandfathered"). • Option #3: Find a compromise between offsite commercial lawn services and adjacent residential homes through the use of setbacks, buffers, or other means. 958 Recommendation: I recommend the BOCC consider and adopt Option #2 as the best choice, clearly defining that agriculture -related and other appropriate businesses should only be allowed to operate on agricultural -zoned lands. This action eliminates the need for staff to determine setbacks, buffers, and other additional costs that the landowner could incur even though they might not be needed; makes the zoning enforceable, clear, and concise; and protects agricultural land for its proper use. Attachments: Attachment 1 -- Comparison of current properties with regards to taxes paid in 2020 959 Name Address Zoning Tot Acres Tax History Per Acre 1st ST SW A-1 19.36 $877.00 $45.30 6002 Improved Land A-1 10 6901 Ornamental Nursery A-1 8.36 9900 1 37th Street A-1 9.89 $5,623.00 $568.55 6702 Bee Hives A-1 2 9900 A-1 2.89 6901 Ornamental Nursery A-1 5 9th Street SW 10.25 12B Office Area/Living Mix Use 1.88 $3,832.11 $2,038.36 6901 Ornamental Nursery A-1 4.06 $3,430.58 $334.69 6901 Ornamental Nursery A-1 6.19 9th Street SW CG 7.46 $13,354.52 $1,790.15 30C 6.34 Florist/Greenhouse/Nursery 30C 1.12 1st Street SW A-1 4.7 $5,335.37 $1,135.19 Residential Home Citrus Grove A-1 4.77 $182.00 $38.16 17th ST SW A-1 8.82 $3,651.75 $414.03 Ag support/hand citrus 8th Street A-1 9.52 $3,506.37 $368.32 006 -Res -Ag Zoned 9th Street SW A-1 9.7 $5,164.94 $532.47 9900 A-1 2.5 6002 A-1 7.24 37th Street A-1 6.94 $1,969.34 $283.77 016 -SF Ag Zoned A-1 1.94 6901 A-1 5 66th Avenue A-1 13.6 $2,544.00 $187.06 Citrus A-1 2 Citrus A-1 4.4 Citrus A-1 3.26 Citrus A-1 4 17th ST SW A-1 8.82 $3,651.75 $414.03 Ag support/hand citrus 8th Street A-1 9.52 $3,506.37 $368.32 006 -Res -Ag Zoned 9th Street SW A-1 9.7 $5,164.94 $532.47 9900 A-1 2.5 6002 A-1 7.24 37th Street A-1 6.94 $1,969.34 $283.77 016 -SF Ag Zoned A-1 1.94 6901 A-1 5 33rd Street A-1 6.4 $249.67 $39.01 1— 6656 Nursery A-1 5.45 2 — 6656 Citrus RS -3 0.94 17th Street SW 16.3 $958.83 $58.82 1-6901 A-1 15.3 2-9900 A-1 1 65th Street A-1 10 $490.20 $49.02 6901 - - 57th Street A-1 15 $4,056.13 $270.41 1-6901 A-1 5 1-9900 A-1 10 61st Street A-1 12.33 $3,867.51 $313.67 1-6002 A-1 11.13 2-9900 A-1 1.2 138th Avenue A-1 4.82 $288.05 $59.76 1-6901 A-1 49th Street A-1 4.9 $4,354.72 $888.72 1-6901 A-1 3.89 2-9900 A-1 1 12th Street A-1 9.27 $468.65 $50.56 6901 82nd Avenue 200+ 961 Aj August 17, 2021 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 11, 2021 SUBJECT: IRC Administration Complex — Native Plant Garden Project FROM: Laura Moss Commissioner, District 5 IRC Administrative Complex —Native Plant Garden Project My thanks to my colleagues for the benefit of your insight and your comments regarding this Project made at our meetings of May 18, 2021 and 11/17/2020. Ms. Stephanie Dunn, who is a Senior Designer at Cadence has sought to address all concerns expressed. She will be presenting the. design proposal, which she based upon your input, via Zoom at this meeting. Cadence is a professional Landscape Architecture firm based in Ft. Lauderdale. httn:Hcadence-livine.com As you may recall, Pelican Island Audubon Society has contracted for these services. There is no charge to the County budget. During the interim, other contributors have come forward to offer financial support for this Project, including: Audubon Florida Society Clean Water Coalition Florida Power & Light (FPL) Henry Fischer & Sons Temple Beth Shalom/Interfaith Community Group of the Treasure Coast The Project is intended to be educational for our community -at -large, as well as functional. It also affords us the opportunity to set a good example. As we all know, run-off into our Lagoon is a major problem that is amenable to mitigation through such measures. Additionally, as we heard from St. Johns River Water Management District (SJRWMD) recently, water conservation is keenly important going forward. Native plant gardens are a natural way to conserve and protect our water. From SJRWMD's Central Springs/East Coast Regional Water Supply Plan Draft (2020-2040), p. 58: "Continued investment in water conservation is critical ... Education, outreach, and public engagement are essential for accomplishing a measurable change in water conservation .. " Laura Moss Indian River County Commissioner District 5 962 v 9 0 o LL U O uj N c c o N_ N :Ll S 0 6 m c V N LL nS G Y O o @ m U @ m rn m O 2 T c v Q'@ c1 `O O C� @ @ 3 h 6 S %0WD — O a ca jjyy ° 777 CD ,4. 6 r rJiF°�' � Y tP C e O w .0 , c_ � V -Ln E 3 y o w e c c LL LL 0 Z3 oo o o 64 W n J VI -41, to d@ L O U N X 0 @ c+ O d 0 a° o m t t —� ,. 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N 0 U ff C L_ 3 N N E m z C: a �d m � m3 9 6. 3 v E z C: i t Oft. „� - •/ •�� G;�� N o0 { --: 0 c 0 Q v LO C m C L �o c o l Pill „ 30 ca z m rn vim• �—b.'�.• '�viG V C t -r--o „� L o " Yo0 c om w d E 3 V, Q o 0 o f 'o a Mu0c tco Qml7v�ic . mm` �d m � m3 9 6. 3 v E z C: i t Oft. „� - •/ •�� G;�� N o0 { --: 0 c 0 Q v LO C a� g 0 .2 fu l Pill „ c � m rn �d m � m3 9 6. 3 v E z C: i t Oft. „� - •/ •�� G;�� N o0 { --: 0 c 0 Q v LO C t665 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Work Order No. 8 to Geosyntec for Groundwater Technical Support Services Descriptions and Conditions: On October 13, 2020, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018 Work Order No. 8 to Geosyntec Consultants (Geosyntec) for $134,972.70, to provide Groundwater Compliance Technical Support Services for the Class 1 Landfill and Construction and Demolition (C&D) Debris Disposal Facility. This was due to the request by the Florida Department of Environmental Protection (FDEP) to perform a supplemental groundwater assessment to evaluate the groundwater conditions between the C&D debris landfill, and the Residual Dewatering Facility (RDF) and the Lateral C Canal to the east. Specifically, groundwater with elevated conductivity and nutrients needs to be characterized in order to assess potential remedial alternatives. A supplemental groundwater assessment was completed in this area in late 2020 to identify the lateral and vertical extent of the groundwater impacts. Results of the assessment, as indicated in the ."Draft Supplemental Groundwater Assessment Report, C&D Debris Disposal Facility" dated July 2021, indicated groundwater impacts downgradient of the C&D debris disposal facility and the RDF. The Draft Supplemental Report recommended additional assessment of the RDF area, including historical compliance document review, stormwater system as -built documents review, groundwater sampling, and sediment sampling. Per staff request, Geosyntec has provided the attached Amendment .No. 1 to Work Order NO. 8 for additional technical services to complete FDEP's request. Analysis: Geosyntec has prepared Amendment No. 1 to Work Order No. 8, provided .in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the phases. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The phases are listed below along With their estimated fees. SWDD Agenda - Amendment No 1 to WO No 8 Geosyntec - Groundwater Technical Support Services Page9m SWDD Item PHASE DESCRIPTION AMOUNT Phase 1 Project Management/Meetings $ 9,547.22 Phase 2 Historical and As -Built Documents Review $ 12,945.10 Phase 3 RDF and C&D Debris Disposal Facility Additional Assessment $ 24,397.25 Phase 4 Data Evaluation and Summary Report $ 19,270.28 TOTAL (Lump Sum) _ $ 66,159.85 Upon approval of this amendment, the total cost for Work Order No. 8 will be $201,132.55. Funding: Funding for the compliance monitoring and reporting is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD, assessments and user fees. The account has a total budget of $415,000 for the 2020/2021 fiscal year. However, since this work is anticipated to be completed next fiscal year, the costs have.been split in half. Description Account Number Amount Engineering Services (FY20/21) 41121734-033130 $33,079.92 Engineering Services (FY21/22) 41121734-033130 $33,079.93 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Amendment No. 1 to Work Order No. 8 .with Geosyntec for $66,159.85 to provide engineering services related to Groundwater Technical Support Services. b) Authorize the Chairman to execute the same, as presented. Attachment(s): Amendment No. 1 to Work Order No. 8 — Geosyntec SWDD Agenda - Amendment No 1 to WO No 8 Geosyntec - Groundwater Technical Support Services Page9fi4 Groundwater Compliance Technical Support. Services This Amendment 1 to Work Order Number 8 is entered into as of this 17th day of August, 2021, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 8, Effective Date 10/13/2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the time -frame more particularly set forth in Exhibit.0 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained .in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Jim Langenbach, PE Title: Vice -President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: 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 965 EXHIBIT A PROFESSIONAL SERVICES 966 1200 Riverplace Boulevard Geosyntec ° Suite Jacksonville, FL 32207 . consultants PH 904-858-1818 FAX 904-396-7143 www.geosyntec.com 3 August 2021 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide Groundwater Compliance Technical Support Services C&D Debris Disposal Facility Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services supporting the operation of the Construction and Demolition (C&D) debris disposal facility at the IRC Landfill (IRCL) site located in Vero Beach, Indian River County, Florida (Site). The proposal presents the, scope of work, schedule, and budget estimate for the technical support services relating to groundwater compliance at the C&D debris disposal facility. The proposal was prepared in response to a verbal request from Mr. Himanshu Mehta, P.E., Managing Director of SWDD, during a 11 June 2021 teleconference. Geosyntec has prepared this proposal (professional services as Exhibit A of Amendment 1 to Work Order No. 8,. pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of services; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL site is located south of Oslo Road, west of Range Line Road (74th Avenue) and east of Interstate 95 in Section 25, Township 33 South, Range 38 East in Indian River County, Florida. The IRCL site occupies 276 acres, with approximately 141.5 acres permitted for Class I disposal, NCP2020-3158/JL21057 GW Compliance Technical Support Services.doc 967 19 acres is comprised of Cell 1 C&D debris disposal facility, and 2.5 acres consists of a C&D debris recycling facility. The Class I landfill currently accepts both Class I waste and C&D debris for disposal under the Florida Department of Environmental Protection (FDEP) Construction and Operation Permit with permit numbers 0128769 -022 -SC and 0128769 -023 -SO and the subsequent modifications issued to this permit by the FDEP through December 16, 2020 (Class I Permit). The C&D debris disposal facility operates under FDEP Permit No. 0128769 -025 -SO -24, dated July 13, 2017 (C&D Permit). The Water Quality Monitoring Plan (WQMP) for each of the IRCL facility permits (which is listed as Appendix 3 of each permit) indicates that groundwater and surface water quality monitoring are required. Semi-annual sampling of the Class I landfill and C&D debris disposal facility groundwater monitoring wells shall be conducted in January and July 2020. The samples collected from the Class I landfill and C&D debris disposal facility monitoring wells shall be analyzed for the routine monitoring parameters listed in Section I1.3 (Class I Permit) and Paragraph 8 (C&D Permit) of the WQMP, respectively, as required by paragraphs 62- 701.510(5)(c) & (7)(a) and 62-701.730(8)(d), Florida Administrative Code (F.A.C.). Samples from one surface water monitoring site (SW -2) shall be collected semi-annually in January and July, if water is discharging from the stormwater pond. The surface water samples, if collected, shall be analyzed for the list of parameters listed in Section 11I.2 of the Class I Landfill WQMP, as required by paragraphs 62-701.510 (5)(d) and (7)(b), F.A.C. Water Quality Compliance Monitoring for the C&D Debris Disposal Facility Results of routine sampling of C&D debris disposal facility groundwater monitoring well (MW - 21S) in January 2017 indicated exceedances of benzene and sodium groundwater cleanup target levels (GCTLs). As a result, SWDD was requested by FDEP to initiate evaluation monitoring in accordance with subsection 62=701.510(6), F.A.C. Pursuant to this request SWDD installed one groundwater monitoring well (MW -49S) in July 2017, and subsequently other wells (MW -335, MW -405, MW -505, MW -515, and MW -52S) in May 2.019. These wells (MW -215, MW -33S, MW -355, MW -405, MW -49S, MW -505, MW -515, and MW -52S) and three surface water (SW) Lateral Canal (LC) sample sites (SW -LCI, SW-LC2, and SW-LC3) have been sampled quarterly from July 2017 to October 2019 under an evaluation monitoring program with FDEP. However, in correspondence from FDEP to SWDD dated 14 October 2019, the FDEP approved SWDD's request to replace the evaluation monitoring of the eight groundwater wells and three surface water sample sites with quarterly assessment monitoring and with the addition of other parameters (arsenic,. benzene, naphthalene; and other semi -volatile organic compounds [VOCs]) to the suite of parameters to be analyzed for at these wells. The FDEP also requested NCP2020-3158/JL21057 GW Compliance Technical Support SeNices.doc 968 establishing background water quality for seven (7) additional surface water sampling sites (LC4-SW to LC10-SW) along the Lateral C Canal. SWDD sampled and analyzed water -quality for these surface water sites in the January and April 2020 quarterly water -quality assessment events. Following, the April 2020 quarterly sampling event,,FDEP approved (via e-mail on 17 July 2020) SWDD's request to limit the monitoring of the surface water sites to SW -LCI, SW- LC2, SW-LC3 and SW-LC4. Results of the quarterly sampling downgradient of the C&D debris disposal facility have indicated persistent detections of ammonia, arsenic, sodium, iron, total dissolved solids (TDS), total nitrogen (TN) and total phosphorus (TP) in groundwater and persistent detections of ammonia, sodium, iron, TDS, TN and TP in surface water sampling locations in the Lateral C Canal adjacent to the evaluation groundwater monitoring locations. Geosyntec completed a site visit on 21 July 2020 and prepared a 10 August 2020 memorandum to SWDD. One of the objectives of the site visit was to visually observe the Site conditions on the east side of the C&D debris disposal facility and the Residuals Dewatering Facility (RDF) relative to the current monitoring wells and surface water monitoring locations. A stormwater management ditch located between the C&D debris disposal facility and the RDF is suspected to be a potential source area for the persistent detections. A supplemental groundwater assessment was completed in this area in late 2020 to identify the lateral and vertical extent of the groundwater impacts. Results of the assessment, as indicated in the "Draft Supplemental Groundwater Assessment Report, C&D Debris Disposal Facility" (hereafter referred to as Draft Supplemental Report) dated July 2021, indicated groundwater impacts downgradient of the C&D debris disposal facility and the RDF. The Draft Supplemental Report recommended additional assessment of the RDF area including historical compliance document review, stormwater system as -built documents review, groundwater sampling and sediment sampling. The remainder of this proposal provides additional detail on the proposed assessment activities. PROPOSED SCOPE OF SERVICES The proposed scope of services includes activities to be performed on behalf of SWDD for the additional assessment at the RDF and C&D Facility. For the purpose of budgeting, the scope of work has been divided into the following four (4) main phases: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Historical and As -Built Documents Review; • Phase 3 — RDF and C&D Debris Disposal Facility Additional Assessment; and NCP2020=3158/JL21057 GW Compliance Technical Support Services.doc 969 • Phase 4 — Data Evaluation and Summary Report. The remainder of this section presents a general description of the activities to be performed in each phase. Phase 1— General Consulting/Meeting Support/Proiect Management Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with SWDD and FDEP, invoice review, project coordination, prepare a site-specific Health and Safety Plan, preparation of a work plan for FDEP approval for the tasks outlined in this proposal and project administration. The work plan for the tasks outlined in this proposal will be incorporated into the Draft Supplemental Report prior to submittal to the FDEP for approval. Geosyntec has also included budget for preparation and attendance (by three Geosyntec personnel) at one meeting with SWDD and/or FDEP, as needed. Phase 2 — Historical and As -Built Documents Review The dimensions of the groundwater impact on the downgradient edge of the RDF and the C&D debris disposal facility have been largely defined by the completed previous scope of work presented in the Draft Supplemental Report. However, the source of the groundwater impacts has not been fully assessed relative to potential RDF contribution. There is a potential that the source of the groundwater impacts is the stormwater management system to the south of the RDF. In order to resolve the source of the observed groundwater impacts, additional assessment activities are proposed as summarized below under Phases 2 and 3 and on the attached Figure 1. Phase 2, Task 1— Background Document Evaluation Operation and compliance records relating to the RDF will be reviewed to identify if any releases have been reported. In addition, with permission from SWDD or IRC Utilities Department (IRCUD), Geosyntec will interview select workers at the RDF to gain better understanding of daily operations including cleaning and flushing of incoming trucks. Phase 2, Task 2 — Stormwater Infrastructure Record Review As -built drawings for the RDF and C&D debris disposal facility stormwater management system will be reviewed to identify potential cross connections between the two in addition to verifying the overall drainage pattern (i.e., surface water flow direction) around the C&D debris disposal facility and RDF. A Site visit is included during this phase to inspect the stormwater NCP2020-3158/JL21057 GW Compliance Technical Support Services.doc 970 infrastructure and refine the understanding of the potential interconnection between the RDF and C&D debris disposal facility. Phase 3 — RDF and C&D Debris Disposal Facility Additional Assessment Phase 3, Task 1—Expanded Groundwater Assessment Five (5) additional groundwater screening locations. (GSB-7 through GSB-11) are proposed along the stormwater management ditch north of the C&D debris disposal facility and south of the RDF to refine the understanding of the water quality distribution in this area. One (1) additional groundwater profiling location (GSB-12) is also proposed to the south of GSB-2 and GPZ-3 to laterally delineate the groundwater impacts to the south of the impacted area (Figure 1). The groundwater screening locations may be adjusted following the completion of Phase 2. Vertical groundwater profiling will be conducted on four -foot (4 -ft) intervals between the water table and a maximum depth of 36 feet below land surface (ft bls). Groundwater screening will be completed by advancing a 4 -ft stainless steel slotted screen and using direct push technology (DPT) methods. The focus of the groundwater screening will span from the water table to an approximate depth of 32 ft bls. Groundwater will be purged from each 4 -ft interval and screened with a water quality probe capable of monitoring temperature, pH, conductivity and oxidation reduction potential (ORP). Turbidity will also be monitored using a turbidimeter and ammonia will be monitored with a HACH field kit. Each groundwater screening interval will be purged at least 3 equipment volumes until stability of field parameters is achieved per FDEP Standard Operating Procedures (SOPs) or a maximum purging period of 15 minutes. Each location will be abandoned with tremie applied cement grout slurry once groundwater screening is completed. Phase 3, Task 2 - Stormwater Management Ditch Assessment The depth and nature of the sediments within the perimeter stormwater management ditch to the south of the RDF which conveys stormwater to the south and adjacent to the eastern edge of the C&D debris disposal facility will be assessed. The assessment will include the completion of eight (8) muck probes (MP -1 to MP -8) using either DPT methods or hand auger to estimate the depth of the sediment and the collection of analytical samples to evaluate the levels of nutrients. The sampling locations are distributed around the perimeter stormwater ditch to assess the potential distribution of nutrient inputs. Composite samples of the muck will be collected from each of the locations and analyzed for nitrogen species (nitrite, nitrate, ammonia, Total Kjeldahl NCP2020-3158/JL21057 GW Compliance Technical Support Services.doc 971 Nitrogen [TKN] and TN) and phosphorus species (TP and orthophosphate). The muck analytical testing will be conducted by ENCO Laboratories (ENCO) of Orlando, Florida, the analytical laboratory contracted with, and direct billed to SWDD. The work plan for the tasks outlined in this proposal will be incorporated into the Draft Supplemental Report prior to submittal to the FDEP for approval. Geosyntec will request FDEP approve the scope of work prior to initiating the scope of work detailed in this Task. Geosyntec assumes the areas where the groundwater screening is planned will be cleared by SWDD and SWDD will provide assurance that the drilling areas are clear of subsurface utilities; otherwise, a subsurface utility survey will be performed prior to initiating work. Phase 4 — Data Evaluation and Summary Report Following completion of Phases 2 and 3, Geosyntec will review the data and prepare a summary report. This report will be prepared as an Addendum to the Draft Supplemental Report and a draft copy will be submitted to SWDD for review and comment. Following receipt of SWDD comments this Addendum and the Draft Supplemental Report will be finalized for submittal to FDEP. SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD. A Draft version of the Draft Supplemental Report will be submitted to SWDD within 30 days of receipt of laboratory analytical data. The scope of work detailed in this proposal is expected to be completed within 4 months of authorization. Other technical and miscellaneous permit compliance support services will be provided on an as -needed basis. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $66,159.85. A budget estimate for the scope of work outlined in Phases 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment 1. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD and experience with compliance monitoring and reporting at similar facilities. Phase 1 — Project Management/Meetings $9,547.22 Phase 2 — Historical and As -Built Documents Review $12,945.10 NCP2020-3158/JL21057 GW Compliance Technical Support Services.doc 972 Phase 3 — RDF and C&D Debris Disposal Facility Additional $24,397.25 Assessment Phase 4 — Data Evaluation and Summary Report $19,270.28 TOTAL $66,159.85 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the budget estimate without prior approval and written authorization from SWDD. . CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Matt Wissler, P.G. Senior Principal Hydrogeologist Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer WRI�4— Richard Tedder, P.E. Senior Consultant Attachments NCP2020-3158/JL21057 GW Compliance Technical Support Services.doc 973 FIGURE 1 PROPOSED ADDITIONAL INVESTIGATION LOCATIONS 974 404 jilkrt O-00'i MP•3 C_- GSB.g GSB-10 �, q. �� �i ,;,✓' 1 " GSB•5 MP -5 MP•6 # ' t - ' GSB-7 - �� -r•_�— GSB-9 — GSB 11 - -4� ` i'.� -_ t �, _ il`` } _ ��.'� _- _ ^`, MP4j�', `��� GSB-3, ~•� j. #01- GSB W=4991�jr' 41 Coln 0 a y 1' Ili 7 � i .. �� ,'✓ G - GSB-12 I T �r Ir Legend 0 Proposed Groundwater Screening Location (GSB) Proposed Muck Probe and Sediment Sampling Location 0 Shallow Monitoring Well Location I l O 10 -ft Groundwater Monitoring Well Location (no well identification or construction details available) ® Intermediate Monitoring Well Location ^s'li Q Piezometer installed by Geosyntec 2 December 2020 (screened 15 to 30 ft BLS) A Surface Water Sample Location it �5 O Geosyntec Soil Boring - November/December 2020 (Soil and/or Groundwater Sampling Location) Cross Section Transect A to A' — Approximate Location of Force Main � ------ Approximate Indian River County Landfill Property Boundary Q Approximate Waste Limits of Construction and Demolition (CBD) Debris Disposal Facility Proposed Additional Investigation Locations I— - -t Zone of Discharge of C&D Debris Disposal Facility Indian River County Landfill Notes: Vero Beach, Florida 1. ft BLS indicates feel below land surface. N Geosyntec ° 2. Locations identified as Gi to 3. C5 -SWI, C5SW3, LC-SW5, and LC-SWB were based on Peavey and Associates Figure survey dated 4 January 2021. All other locations are estimated. CODSUli2n[5 3. 2020 World Imagery Source: Fsri, Maxar, Geoi Earthstar Geographics, CNES/Airbus DS, USDA, 1 USGS, AeroGRID, IGN, and the GIS User Community. �F„1 Project No. FL3738 F July 2021 9 5 Path: (Thusvll"IMATA) Tn0GISWQ739A_IRCLVAXOs@02107kPmp_add_locs_202107.mxd 02 July 2021. Last Edted by: mhenslev ATTACHMENT I BUDGET ESTIMATE 976 BUDGET ESTIMATE GROUNDWATER COMPLIANCE TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 01: General Consulting/Meeting Support/Project Management ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 9 $2,340.00 b. Principal Hr $245 9 $2,205.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 15 $3,045.00 e. Professional Hr $176 0 $0.00 f. Senior Staff Professional Hr $154 4 $616.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $8,206.00 B. Technical/Administrative Services a. Designer Hr $143 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $126 0 $0.00 c. Project Administrator Hr $71 8 $568.00 d. Clerical I Hr 1 $55 0 $0.00 Subtotal Technical/Administrative Services $568.00 C. Reimbursables a. Lodging Day $100 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor $0.03 $8,774 $263.22 d. CADD Computer System Hr $15 0 $0.00 e. Vehicle Rental & Fuel Day $150 3 $450.00 f. 8"x11" Photocopies Each $0.12 500 $60.00 g. CADD Drawings Each $3 0 $0.00 Subtotal Reimbursables $773.22 TOTAL ESTIMATED BUDGET: PHASE 01 $9,547.22 NCP2021-3158/Final_JL21057_ Budget Estimate Geosyntec Consultants 977 BUDGET ESTIMATE GROUNDWATER COMPLIANCE TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 02: HISTORICAL AND AS -BUILT DOCUMENTS REVIEW ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 4 $1,040.00 b. Principal He $245 10 $2,450.00 C. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 16 $3,248.00 e. Professional Hr $176 0 $0.00 f. Senior Staff Professional Hr $154 32 $4,928.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $11,666.00 B. Technical/Administrative Services a. Designer Hr $143 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $126 4 $504.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr $55 0 $0.00 Subtotal Technical/Administrative Services $504.00 C. Reimbursables a. Vehicle Rental & Fuel Day $150. 2 $300.00 b. Communications Fee 3% Labor $0.03 $12,170 $365.10 c. Lodging Day $100 0 $0.00 d. Per Diem Day $55 2 $110.00 e. CADD Computer System Hr $15 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 0 $0.00 h. Subcontractor LS $0 1.07 $0.00 Subtotal Reimbursables $775.10 TOTAL ESTIMATED BUDGET: PHASE 03 $12,945.10 Geosyntec Consultants 978 BUDGET ESTIMATE GROUNDWATER COMPLIANCE TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 03: RDF and C&D DEBRIS DISPOSAL FACILITY ADDITIONAL ASSESSMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 3 $780.00 b. Principal Hr $245 3 $735.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr 1 $203 0 $0.00 e. Professional Hr $176 0 $0.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr $132 80 $10,560.00 Subtotal Professional Services $12,075.00 B. Technical/Administrative Services a. Designer Hr $143 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $126 0 $0.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr $55 1 0 $0.00 Subtotal Technical/Administrative Services $0.00 C. Reimbursables a. Vehicle Rental & Fuel Day $150.00 8 $1,200.00 b. Communications Fee 3% Labor $0.03 $12,0751 $362.25 c. Lodging Day $100 8 $800.00 d. Per Diem Day $55 8 $440.00 e. CADD Computer System Hr $15 0 $0.00 f. 8"x11" Photocopies Each $0.12 500 $60.00 g. CADD Drawings Each $3 0 $0.00 h. Field Supplies (WQ meter, hand auger and supplies) LS $3,000 1.10 $3,300.00 I. Subcontractor (JAEE) LS $5,600 1.10 $6,160.00 Subtotal Reimbursables $12,322.25 TOTAL ESTIMATED BUDGET: PHASE 03 $24,397.25 Geosyntec Consultants 979 BUDGET ESTIMATE GROUNDWATER COMPLIANCE TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 04: DATA EVALUATION AND SUMMARY REPORT ITEM IF - BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260 8 $2,080.00 b. Principal Hr $245 4 $980.00 c. Senior Professional Hr $225 0 $0.00 d. Project Professional Hr $203 40 $8,120.00 e. Professional Hr $176 0 $0.00 f. Senior Staff Professional Hr $154 0 $0.00 g. Staff Professional Hr $132 40 $5,280.00 Subtotal Professional Services $16,460.00 B. Technical/Administrative Services a. Designer Hr $143 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $126 16 $2,016.00 c. Project Administrator Hr $71 0 $0.00 d. Clerical Hr $55 0 $0.00 Subtotal Technical/Administrative Services $2,016.00 C. Reimbursables a. Lodging Day $100 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor $0.03 $18,476 $554.28 d. CADD Computer System Hr $15 16 $240.00 e. Vehicle Rental & Fuel Day $150 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 0 $0.00 h. Field Supplies (staff gauges and supplies) LS $0 1.07 $0.00 i. Subcontractor (Ideal Technical Services) LS $0 1.07 $0.00 j. Subcontractor (JAEE) LS $0 1.07 $0.00 k. Subcontractor (Peavy) LS $0 1.07 $0.00 Subtotal Reimbursables $794.28 TOTAL ESTIMATED BUDGET: PHASE 04 $19,270.28 NCP2020-3158/Final_JL21057_ Budget Estimate Geosyntec Consultants 980 1686 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of 2022 CPI Adjustment Request by Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance (O&M) Agreement (Agreement) with Republic Services of Florida, LP (Republic). The agreement is for the operation and maintenance of the County's Class 1 landfill, as well as non -Class 1 landfill services. The contract began January 1, 2011, with an initial term of seven (7) years with an option for one (1) renewal term of seven (7) years. On February 21, 2017, the SWDD Board approved the Ninth Amendment and extension to the contract agreement with Republic, extending the agreement for another seven (7) years beginning on January 1, 2018, and expiring on December 31, 2024. Section 4 of this renewal agreement includes an annual escalation provision allowing 100% change in the Consumer Price Index (CPI) with the maximum rate adjustment set to 3.0%. On August 18, 2020, the SWDD Board approved an annual request by Republic Services for a CPI increase of 2.25% for Calendar Year (CY) 2021 to be effective January 1, 2021. This approval resulted in the Class 1 landfill 0&M, including the landfill gas system, increasing from a rate of $13.65 per ton for CY 2020 to a rate of $13.96 per ton for CY 2021. In addition to the CPI increase, the SWDD Board approved Amendment No. 15 on February 16, 2021, which increased the non -Class 1 landfill services, primarily the operation of the five customer convenience centers, from $3,187,823.65 per year to $3,206,347.65 for CY 2021. On May 28, 2021, Republic submitted a request for a 1.64% adjustment to be effective January 1, 2022. This agenda item is requesting SWDD Board approval for the CY 2022 CPI adjustment request by Republic. Analysis: On August 9, 2021, staff approved additional monthly O&M services for the activation of the 16 vertical landfill gas wells and 24 side -slope collection gas wells in Segment 3 Cell 1 for the remaining five months of CY 2021. This cost consists of $400 per month for wellfield operations and a cost of $2,000 for one semi-annual pump mainteance service. This results in a total cost, with a 10% management fee, of $4,400. For the next calendar year, the total cost is $9,680, which includes 12 months of O&M whereby the annual non -Class 1 landfill services would increase to $3,216,027.65. Staff has reviewed, verified, and recommends the approval of the request by Republic of the 1.64% CPI increase for the Class 1 landfill rate and the Non -Class 1 landfill rate. In summary, here are the changes: 981 SWDD Agenda - Approval of 2022 CPI Adjustment Request by Republic Services Page 1 of 2 SWDD Item Services CY 2021 Rate CY 2022 Rate Change from Prior Year % Change Class 1 Landfill $13.96 per ton $14.19 per ton $0.23 per ton 1.64% Non -Class 1 Landfill $3,216,027.65 per year $3,268,770.50 per year $52,742.85 1.64% Based on the new rate of $14.19 per ton and a conservative estimate of 18,205 tons per month of waste disposal, staff has requested a budgetary funding of $3,100,000 for Fiscal Year (FY) 21/22 for the Class 1 Landfill Services. For the Non -Class 1 Landfill Services, it is anticipated that the new household hazardous waste and recycling transfer facility, which is in its final site plan approval process, will be out to bid in a few months. Staff is expecting this facility to be in operation next calendar year, which will require additional O&M services from Republic. Therefore, staff has requested a budgetary funding of $3,400,000 for FY21/22 to cover these anticipated.costs; however, a formal amendment to the agreement will be presented to the Board for approval at a future date. Funding: . Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account, and the funding for the SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. Below are the proposed funding allocations for Fiscal Year (FY) 21/22, which are expected to be sufficient for the recommended CPI increase: Description Account Number Amount Landfill — Contractual Services 41121734-033489 $3,100,000 Recycling — Contractual Services 41125534-033489 $3,400,000 Recommendation: Solid Waste Disposal District staff recommends the following for Board review and approval: 1. Approve the Calendar Year 2022 request for a 1.64% Consumer Price Index rate adjustment by Republic Services of Florida, LP, to be effective January 1, 2022, and authorize the County Administrator to take any necessary actions to effectuate the change. Attachment: 1. Rate Adjustment Letter Request from Republic Services 982 SWDD Agenda - Approval of 2022 CPI Adjustment Request by Republic Services Page 2 of 2 AD REPUBLIC a-4 SERVICES May 28, 2021 Indian River County Solid Waste Authority District Attn: Himanshu Mehta P.E. Managing Director 18012 Ith Street Vero Beach, FL 32960 3905 Oslo Road, Vero Beach, FL 32960 561-719-8638 www.republicservice.s.com Re: 2022 Rate Adjustment/ Landfill and Convenience Center Operations. Dear Mr. Mehta, It is that time of year when we notify our counties of the annual Consumer Price Index rate adjustment. This early notification allows you to plan your budget for the next fiscal year. We appreciate the opportunity to provide Solid Waste Operations and Maintenance for the Landfill and Convenience Centers and look forward to our continued partnership with your community. Each year our agreement allows us a rate adjustment to reflect the change in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPI), South Urban Consumers, All Items, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall be computed as follows: For each subsequent year of the Contract, the net percentage shall be 100 percent of the difference between the CPI as of the immediately preceding January and second preceding January divided by the CPI as of the second preceding January. This year's rate adjustment is 1.64% Therefore as of January 1, 2022, the new adjusted rates will be $14.19 per ton for the Landfill and $271,577.64 per month for the Convenience Centers. I have enclosed the necessary documentation for your review. Please feel free to contact me should you have questions. Regards, Joawv�,e stawLCU Joanne Stanley Manager, Municipal Sales Republic Services Cc: Jason Brown- County Administrator Vincent Burke- P.E. Director of Utility Services Brian Lewis- Operations Manager Bryan Risley- Finance Manager Trey Richardson- General Manager CPI % would be: (252.067 - 248.005)/248:005 = 1.64%. CPI forAll Urban Consumers (CPI -U) Series Id: CUUR0300SAO,CUUS0300SAO Not Seasonally Adjusted Series Title: All items in South urban, all urban consumers, not seasonally adjusted Area: South Item: All items annual HALF3 HALF2 18.618 217.249 219.987 23.242 222.708 223.776 26.721 226.012 227.429 30.552 230.302 230.802 30.147 229.501 230.793 32.692 231.469 233.915 37.456 236.424 238.487 42.737 242.004 243.470 46.265 245.331 247.199 48.639 247.288 249.990 10'B7 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of 2022 CPI Adjustment Request by Atlas Organics Descriptions and Conditions: On November 19, 2019, the Solid Waste Disposal District (SWDD) Board authorized the Yard Waste Processing and Disposal Services Agreement (Agreement) with Atlas Organics Indian River, LLC (Atlas) for a period of 10 years. The agreement approved the processing of yard waste at a rate of $11.49 per ton, and the transportation and recycling of the yard waste at a rate of $12.45 per ton. The agreement commenced on January 1, 2020. Article 4 of the Agreement provides a Consumer Price Index (CPI) rate adjustment process specified in the referenced Exhibit A of said agreement. On May 28, 2021, Atlas submitted an annual rate adjustment request of 3.00% to be effective October 1, 2021, for Fiscal Year (FY) 2021/2022. This agenda item is requesting SWDD Board approval for the 2021 CPI adjustment request by Atlas. Analysis: Staff has reviewed, verified, and recommends the approval of the request by Atlas of 3.00% of the yard waste processing and disposal services rates. In summary, here are the changes: Funding: Funding for yard waste processing is budgeted and available in the Other Professional Services account in the SWDD Recycling fund, which is funded through user assessment fees. Below is the proposed funding allocation for FY 21/22: 985 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Atlas Organics Page 1 of 2 Proposed Change from Services FY2019/20 Rate FY2020/21 Rate FY2021/22 Rate Prior Year % Change (perton) (perton) (perton) (perton) Processing $11.49 $11.49 $11.83 $0.34 3.00% Recycling $12.45 $12.45 $12.82 $0.37 3.00% Funding: Funding for yard waste processing is budgeted and available in the Other Professional Services account in the SWDD Recycling fund, which is funded through user assessment fees. Below is the proposed funding allocation for FY 21/22: 985 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Atlas Organics Page 1 of 2 SWDD Item Description I Account Number Amount. Recycling—Other Professional Services 1 41125534-033190 $1,800,000 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the request for a 3.00% rate adjustment by Atlas Organics Indian River, LLC, and authorize the County Adminstrator to take any necessary.actions to effectuate the change. Attachment: 1. Rate Adjustment Letter from Atlas Organics Indian River, LLC 986 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Atlas Organics Page 2 of 2 ATLAS ORGANICS Dear Himanshu Mehta, Atlas Organics Indian River, LLC would like to formally request a price increase from $11.49/ton for processing of yard waste received at the Yard Waste Facility to $11.83/ton, and from $12.45/ton for transport and recycling of yard waste to $12.82/ton. Additionally, the amount rebated to the County for each ton of overs taken for alternative daily cover would increase from $12.45/ton to $12.82/ton. The methodology of how Atlas arrived at these values is below: Atlas' Initial contract price for processing of yard waste is $11.49/ton. Atlas is utilizing the Consumer Price Index Historical Tables for South —Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W). Using the values for April 2020 and April 2021, Atlas is arriving at a 4.9% increase, multiplied by 75%, arriving at 3.7%. Per Atlas' contract with the County, Atlas is allowed a maximum of 3% per year increase. Using this max, Atlas arrived at $11.83/ton for processing. The same methodology was used for the recycling rate and the rebate rate. A table showing this math is below: Atlas • Adjustment 1/11.2020 6/_30/2020__ 4/30/2020 4/30/2021 Contract Starting Price Grinding $11.49 $11.49 $11.83 Composting $12.45 $12.45 $12.82 Rebate ($12.45) ($12.45) (_$12.82) Rate Adjustment (k) 0.00% -0.44% 3.00% Consumer Price Index, South Region - - 241.14. 2252.97 Please let me know if you have any questions concerning the methodology of this adjustment. Atlas looks forward to our continued partnership with the County. . Sincerely, Controller — Atlas Organics, Inc. 987 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of FY 2022 CPI Adjustment Request by Waste Management for Franchise Agreement Descriptions and Conditions: On April 21, 2015, the Indian River County Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with Waste Management Inc. of Florida (WMIF). WMIF started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit 1, along with a rate adjustment process specified in the referenced Exhibit 4 of said agreement. Per Amendment No. 1 to the Franchise Agreement, dated October 4, 2016, the maximum rate adjustment was limited to 3%. On May 28, 2021, WMIF submitted an annual rate adjustment request of 3.00% to be effective October 1, 2021, for Fiscal Year (FY) 2021/2022. This agenda item is requesting SWDD Board approval for the FY 2022 Consumer Price Index (CPI) adjustment request by WMIF. Analysis: Staff has reviewed, verified, and recommends the approval of the request by WMIF of 3.00% of the residential and commercial rates, as specified in the attached Exhibit 1. In summary, here are the changes: Residential Unit FY 2015/16 Rate FY 2016/17 Rate FY 2017/18 Rate FY 2018/19 Rate FY 2019/20 Rate FY 2021/22 Rate Change from Prior Year Single Family Subscription $9.68 $9.68 $9.83 $10.01 $10.14 $10.44 $0.30 Single Family Universal/mo. * $7.73 $7.73 $7.85 $8.00 $8.10 $8.34 $0.24 Billed Cubic Yard $4.73 $4.73 $4.80 $4.89 $4.95 $5.10 $0.1s Billed Cart Service $9.46 $9.46 $9.60 $9.78 $9.91 $10.21 $0.30 Container Maintenance Fee $100.00 $100.00 $101.51 $103.42 $104.77 $107.91 $3.14 15 Yard Open Top Per Pull * $155.00 $155.00 $157.34 $160.30 $162.40 $167.27 $4.87 20 Yard Open Top Per Pull * $170.00 $170.00 $172.57 $175.81 $178.11 $183.45 $5.34 30 Yard Open Top Per Pull * $205.00 $205.00 $208.10 $212.01 $214.79 $221.23 $6.44 40 Yard Open, Top Per Pull * $235.00 $235.00 $238.55 $243.03 $246.21 $253.60 $7.39 Compactor - 20 cubic yards * $245.00 $245.00 $248.71 $253.38 $256.70 1 $264.40 $7.70 988 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Waste Management for Franchise Agreement Page 1 of 2 SWDD Item Residential Unit FY 2015/16 Rate FY 2016/17 Rate FY 2017/18 Rate FY 2018/19 Rate FY 2019/20 Rate FY 2021/22 Rate Change from Prior Year Compactor - 30 cubic yards ° $245.00 $245.00 $248.71 $253.38 $256.70 $264.40 $7.70 Compactor - 40 cubic yards $245.00 $245.00 $248.71 $253.38 $256.70 $264.40 $7.70 Single Family Recycling/mo. $2.55 $2.55 $2.59 $2.64 $2.67 $2.75 $0.08 Multi -Family Recycling/mo. $2.04 $2.04 $2.07 $2.11 $2.14 $2.20 $0.06 Commercial Compactor $14.19 $14.19 $14.40 $14.67 $14.86 $15.31 $0.45 Exchange Solid Waste Cart $30.00 $30.00 $30.00 $30.00 .$30.00 $30.00 $0.00 Additional Solid Waste Cart $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $0.00 Reinstate Service Charge $25.00 $25.00 $25.00 $25.00 $25.00 .$25.00 $0.00 • The rates for Universal Collection listed here and as provided by WMIF in Exhibit 1 is calculated at 75% of the change in CPI; however, the Franchise Agreement stipulates that after October 1, 2018, the CPI rate for Universal Collection is to be calculated at 100% of the change in CPI. Upon approval of the CPI rate increase by the SWDD Board, and in accordance with Article 16.1.2.4 of the Franchise Agreement, WMIF will submit to SWDD staff, for approval, the notice to its customers of the rate increase prior to October 1, 2021. Funding: The majority of the services provided in the Franchise Agreement are directly paid by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WMIF by SWDD. The funding for these recyclables collection services are in the SWDD recycling account under Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and user fees. Below is the proposed funding allocation for FY 21/22, which is expected to be sufficient for the recommended CPI increase: DESCRIPTION ACCOUNT AMOUNT Other Contractual Services 41125534-033490 $2,900,000 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the request for a 3.00% rate adjustment by Waste Management, Inc. of Florida, and authorize the County Administrator or his designee to send a letter of approval. Attachment: 1. Rate Adjustment Letter from Waste Management 989 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Waste Management for Franchise Agreement Page 2 of 2 May 28, 2021 Mr. Jason Brown County Administrator Indian River County 1801 27"' St. Vero Beach, FL 32960 Re: 2021 Annual CPI Notice Dear Mr. Brown: Deborah A. Perez Government Affairs Manager WASTE MANAGEMENT INC. OF FLORIDA 4310 77m St. Vero Beach, FL 32960 772-413-9997 dperez@wm.com Via Email Waste Management appreciates the opportunity to provide solid waste collection services to Indian River County. In accordance with article 16.1.2.2 Amended; Waste Management Inc. of Florida, is submitting this notice for the annual rate adjustment to reflect changes in the cost of doing business. Latest data reflected in the Consumer Price Index for Urban Consumers (CPI) serves as the basis for the 3.00% adjustment. Please note that 75% of the CPI change came to 3.68%, but we have the Not to Exceed clause. of 3.00% in our contract. We value and thank you for the privilege of serving the residents and businesses of Indian River County. Please feel free to contact me at (407) 466-4079 if you have any questions Thank you. ,04-1 Deborah A. Perez Government Affairs Manager Cc: Himanshu Mehta, PE, Solid Waste Director, IRC 990 INDIAN RIVER COUNTY EXHIBIT 1- COLLECTION SERVICE RATES 10/01/2021 "x"RESIDENTIAL'COUICTION SERVICE,,,, { - `- - RESIDENTIAL COLLECTION SERVICE _ - Exchange Solid Waste Cart Sirs: ;Monthly -SUBSCRIPTION SERVIC_Ei service at No Charge, After that, any additional solid waste cart size exchange Collection; $ 30.00 , ,,Fee!/Unit. If Resident generates large quantities of SW. they may request ONE Additonal 1x/week in Franchisee - provided Roil Carts; Universal in USA: 1x/week in Franchisee - Extra Cart Solid Waste: Solid Waste: if Resident generates large quantities of REC, they may request an Additonal Cart. There is NO CHARGE to deliver OR service a REC Cart Bulk Trash on call provided Roll Carts; Bulk Trash on call $ 7.33 Yard Trash: ix/week Universal in USA: 1x/weekS 3.11 otal Sub ription SerG►ce,vy,~ 'T-� ��_ � � �T � � $ 3.11 Total Subscription Service`` ° m {{$.:10:44 _ _ ;,j "x"RESIDENTIAL'COUICTION SERVICE,,,, { - `- - IV_EMpAL'SERVICE IN URBAN SERVICE AREA�j z f Exchange Solid Waste Cart Sirs: Col ion, (applicable onty,if SWDO-initiates universal'toflection);. service at No Charge, After that, any additional solid waste cart size exchange will incur a charge $ 30.00 , ,,Fee!/Unit. If Resident generates large quantities of SW. they may request ONE Additonal Universal in USA: 1x/week in Franchisee - Extra Cart $ 60.00 Solid Waste: if Resident generates large quantities of REC, they may request an Additonal Cart. There is NO CHARGE to deliver OR service a REC Cart $ _ provided Roll Carts; Bulk Trash on call $ 5.23 [Yard Trash: Universal in USA: 1x/weekS 3.11 otal Sub ription SerG►ce,vy,~ 'T-� ��_ � � �T � � � RESIDENTIAL' COLLECTION. SERVICEOn`e-nj { - `- - J Exchange Solid Waste Cart Sirs: Following the 1st 90 days of service, upon request, custome can exchange cart service at No Charge, After that, any additional solid waste cart size exchange will incur a charge $ 30.00 Additional Solid Waste Cart: If Resident generates large quantities of SW. they may request ONE Additonal Cart, This is a One -Time Charge, There is NO Additonal Charge to Service the Extra Cart $ 60.00 Additional Recycle Cart: if Resident generates large quantities of REC, they may request an Additonal Cart. There is NO CHARGE to deliver OR service a REC Cart $ _ Reinstate Service Charge: Should a Roll Cart be removed from a Residential Customer due to Non Payment, WM may charge to Re -Deliver Cart $ 25.00 5/24/2021 6:57 AM Indian River County CPI October 2021 Page 1 991 INDIAN RIVER COUNTY EXHIBIT 1- COLLECTION SERVICE RATES 10/01/2021 COMMERCIALrCOLLECTION SERVICE .RESIDENTIAL RECYCLABLES COLLECTION SERVICE � Collection. Commercial Dumpster Service - includes container and maintenance Residential Units: Fee/Cubic Yard S 5.10 Commercial Cart Service - in Franchisee - provided Roll Cart provided Roll Carts $ 2.75 Multi -Family Units: Fee/Pickup $ 10.21 Commercial Compactor - includes container and maintenance $ 2.20 Fee/Cubic Yard S 15.31 Container and Maintenance Fee/Month Fee / Pull Open Top Roll -Off - 15 cubic yards $ 107.91 $ 167.27 Open Top Roll -Off - 20 cubic yards $ 107.91 $ 183.4S Open Top Roll -Off - 30 cubic yards $ 107.91 $ 221.23 Open Top Roll -Off - 40 cubic yards $ 107.91 $ 2S3.60 Compactor - 20 cubic yards $ 107.91 $ 264.40 Compactor - 30 cubic yards I $ 107.91 $ 264.40 Compactor- 40 cubic yards $ 107.91 $ 264.40 5/24/2021 6:57 AM Indian River County CPI October 2021 992 ge 2 .RESIDENTIAL RECYCLABLES COLLECTION SERVICE � Collection. Residential Units: Single Stream; 1x/week in Franchisee - provided Roll Carts $ 2.75 Multi -Family Units: Single Stream; lx/week in Franchisee - provided Roll Carts/Dumpsters $ 2.20 5/24/2021 6:57 AM Indian River County CPI October 2021 992 ge 2 N N-itSi N N N Np N N N N N N - = ;Q�' � ' O03 O LL Q7 O r <V ate- to . r Q cp �p N A O fit N .j. �Ay N . Q CD Q N b C4,p h 00 �tepDp N N N N N N N N N N C M W) to e0 0 N O �p h' 0f O h l0 - Oppf aO N O COp M Q4p 'jQ Q Q N N N N N N -N N- y N N - V. spy ��pp e0 0Nr) LA�0p 4M Q 00f g0 Q O = 1"t f0 rA" 0 aD Q OR' Q Of tV Ili N N N N N N N Np pNl IN v � p A N 1� � N amD N aN0 aD r y eq 2V 1D 1� O Q O N to ' G7 �Oyp N N N N N N N N N N A A p 0 0 O A A /W�y OpI ti T i 00 N O �+ O. 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S V ON O - �2CpyO {0+f� q N N N N N N N N m lQ t41 -N tl t V C> A e0 O eA eo O OI IO 0 .O A N r 0 r en N N A /7 Of C Q, O O M N a0 Of W e00 C. • LL N C Q Q Idyl � /p 0i M N N N N N N N N N N ft L O M U W O rN OT ZR /tO�p pp. 'y 11 � tr0 n 4 YOf /9 ^ l9 Opf IO a0f c09 G W 9C.4.^ e- O Ip vi 1n 4'1 l� t7 rA W O 9 a lA Of O r eV N N N N N N N N N N N y � 3� e a lC M 3 V to ' a m O b A W O - err 0 o m z NN - r - r rN N ppN N NN N .0 667 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of FY 2022 CPI Adjustment Request by Waste Management for Government Buildings Descriptions and Conditions: On January 9, 2018,.the Indian River County .(IRC) Solid Waste Disposal District (SWDD) Board entered into an Agreement with Waste Management Inc. of Florida (WMIF) for the collection of recyclables from various IRC government buildings and facilites. Article 4 of the Agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a rate adjustment process specified in the referenced Exhibit B of said agreement. On May 28, 2021, WMIF submitted an annual rate adjustment request of 3.00% to be effective October 1, 2021, for Fiscal Year (FY) 2021/2022. This agenda item is requesting SWDD Board approval for the FY 2022 Consumer Price Index (CPI) adjustment request by WMIF. Analysis: Staff has reviewed, verified, and recommends the approval of the request by WMIF of 3.00% of the residential and commercial rates as specified in the attached Exhibit A. In summary, here are the changes: SIZE OF CONTAINER(S) FREQUENCY FY 2018/19 UNIT COST FY 2019/20 UNIT COST FY 2021/22 UNIT COST. Change from Prior Year 64 -gallon 1x per week $25.00 $25.00 $25.75 $0.75 2 cu yd 1x per week $40.00 $40.00 $41.20 $1.20 6 cu yd 1x per week $124.00 $124.00 $127.72 $3.72 8 cu yd 1x per week $166.00 $166.00 $170.98 $4.98 Specialty Service Each $75.00 $75.00 $77.25 $2.25 Funding: The payment forthe residential recycling services is paid to WMIF by SWDD. Thefunding forthese recyclables collection services are in the SWDD recycling account under Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and user fees. ' 994 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Waste Management for Government Buildings Page 1 of 2 SWDD Item Below is the proposed funding allocation for FY 21/22, _ which is expected to be sufficient for the recommended CPI increase: DESCRIPTION ACCOUNT AMOUNT Other Contractual Services 41125534-033490 $2,900,000 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the request for a 3.00% rate adjustment by Waste Management, Inc. of Florida, and authorize the County Administrator or his designee to send a letter of approval. Attachment: 1. Rate Adjustment Letter from Waste Management for Government Buildings 995 SWDD Agenda - Approval of 2021 CPI Adjustment Request by Waste Management for Government Buildings Page 2 of 2 ivy May 28, 2021 Mr. Jason :Brown County Administrator Indian River County 1801 27'" St. Vero Beach, FL 32960 Re: 2021 Annual CPI Notice — IRC Facilities.Contract Dear Mr. Brown: Deborah A. Perez Government Affairs Manager WASTE MANAGEMENT INC. OF FLORIDA 4310 7r St. Vero Beach, FL 32960 772-413=9997 dperez@wm.com Via Email Waste Management appreciates the opportunity to provide solid waste collection services to Indian River County. In accordance with article 4.04 B Amended; Waste Management Inc. of Florida, is submitting this notice for the annual rateadjustment to reflect changes in the cost of doing business. Latest data reflected in the Consumer Price Index for Urban Consumers (CPI) serves as the basis for the 3.00% adjustment. Please note that 75% of the CPI change came to 3.68%, but we have the Not to Exceed clause of 3.00% in our contract. We value and. thank you for the privilege of serving the residents and businesses of Indian River County. Please feel free to contact me at (407) 466-4079 if you have any questions. Thank you. Deborah A. Perez Government Affairs Manager Cc: Himanshu Mehta, PE, Solid Waste Director, IRC 996 Indian River County Facilities Recycle Agreement Effective 10/1/2021 SIZE OF CONTAINER(S) UNIT COST Frequency UNIT SERVICE 64 - gallon $ 25.75 1x/Week per cart 2 cu yd $ 41.20 1x/Week percont 6 cu yd $ 127.72 1x/Week percont 8 cu yd $ 170.98 1x/Week per cont Specialty Service* $ 77.25 Each Svc. per account 997 8/9/2021 4:17 PM Indian River County Facilities October 2021 Page 1 u N N T W a� A M a 0) LL c W 7 I- w M 00 O O W W W V N m V M N 000 M M O M m N N N N N M M VN' V N N N N N N N N N N M V V (D N V O N m 00 O) M O N 00 M O .- N 7 M N m 00 M to r at 00 (O � N n O N N N N N N M M V V N N N N N N N N N N f� CD LO 0M0 V 000 0�0 M N V 0 N N N N N CMM Om') �F t NN N N N N N N N N M M LOM O N m 0 O 1 m (O r� O m r 00 d' m W N 10 O M V O W f� O st (O t0 O "t f- N () N N N N N N N N N N N N 000 0) - M f- O) Cl) M 00 m N (O (O n N O M (n m O r m 7 0 "t a0 N N N N N M M V V N N N N N N N N N N � f- N f- N e0 N M o0 w N m w r O V O N (O N N N N N N N N N N c0 0) W M It N O O M O h -It m O M O r-� M (0 W M 0 m f- O (O m N LO N N N N M M M V V N N N N N N N N N N V M m N r m V M N W N (O m w m M m N(O N N N N N M M V V N N N N N N N N N N r LOW 10 O W r_M (O O h 00 N (D n co O 00 O (O O w m N m N V N N M N N M C) V' V N N N, N N N" t N} N N N I-- Om') � O M ((0 0 V M O h O M V O m 0 W O V LO N N M N N MM V V N N N N N N N N N N I- O NO M '7 m m M m LO O O It m m (O (o V O M m r m V N Cl) (O v m P� 00 N m N 0 NN N N N M M V V N N N N N N N N N N N CO m 00 (O N O. 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O M. m r N W U �.acna°'N Q C l0 +�+ 1 cu d M O O o d (n d a is d E m m.- ci 0 N 41 Z w a m} T W a� A M a 0) LL c W 7 I- w M 00 O O W W W V N m V M N 000 M M O M m N N N N N M M VN' V N N N N N N N N N N M V V (D N V O N m 00 O) M O N 00 M O .- N 7 M N m 00 M to r at 00 (O � N n O N N N N N N M M V V N N N N N N N N N N f� CD LO 0M0 V 000 0�0 M N V 0 N N N N N CMM Om') �F t NN N N N N N N N N M M LOM O N m 0 O 1 m (O r� O m r 00 d' m W N 10 O M V O W f� O st (O t0 O "t f- N () N N N N N N N N N N N N 000 0) - M f- O) Cl) M 00 m N (O (O n N O M (n m O r m 7 0 "t a0 N N N N N M M V V N N N N N N N N N N � f- N f- N e0 N M o0 w N m w r O V O N (O N N N N N N N N N N c0 0) W M It N O O M O h -It m O M O r-� M (0 W M 0 m f- O (O m N LO N N N N M M M V V N N N N N N N N N N V M m N r m V M N W N (O m w m M m N(O N N N N N M M V V N N N N N N N N N N r LOW 10 O W r_M (O O h 00 N (D n co O 00 O (O O w m N m N V N N M N N M C) V' V N N N, N N N" t N} N N N I-- Om') � O M ((0 0 V M O h O M V O m 0 W O V LO N N M N N MM V V N N N N N N N N N N I- O NO M '7 m m M m LO O O It m m (O (o V O M m r m V N Cl) (O v m P� 00 N m N 0 NN N N N M M V V N N N N N N N N N N N CO m 00 (O N O. CO m I� M fl CO CO CO 00 CO M CO N 00 N to CO m to M NM MV tN N VM N NN N N N N N N N Nm n M M� M 00 N -w M� 'I- N h c0 m 0) o7 m M O N 0 N N N N N CO CO V V LO N N N N N N N N N N N O O m M O m 10 to O M N W V m m N f- m m 0 V O O 'tt M N W m U) OO N NNNM co N N Co It V N N N N N N N N N N N ( h 0) lm0 M'It M 0)-L2 M (D N U) 00 V N V �(OO OO M M s- W N N N NM M M V V N N N- N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N M o II O II t v C m II s II M .x 0) (> c LLJ = a L H V f, Z u 16816 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject:. Final Pay to Kimley-Horn Work Order No. 39 — Annual Financial Reports Descriptions and Conditions: On November 17, 2020, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 39 to Kimley-Horn and Associaties, Inc., (KHA) for SWDD's Annual Financial Reports on behalf of the Indian River County Landfill. The authorization was executed with a not -to -exceed budget of $46,700. Analysis: KHA has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $15,600. After final payment, the total amount paid to KHA will be at the cost of $46,700. Attached is KHA's letter report describing in more details the services provided under each task. Funding: Funding for this work is budgeted and available in the Engineering Services account (Account Number 41121734-033130), which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $15,600.00 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the final invoice amount of $15,600.00 for Kimley-Horn and Associates, Inc. Attachment: 1. Kimley Horn's Project Completion Report and Final Invoice 999 SWDD Agenda - Final Pay Kimley-Horn WO No 39 - Annual Financial Reports Page 1 of.1 i Kimley»>Horn Project Completion Report To: Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Date: June 30, 2021 Project. Fiscal Year 2021 Full Cost Accounting and Financial Assurance — Work Order Number 39 Work Accomplished Kimley-Horn ("Consultant") has completed the scope of services defined in Work Order Number 39, issued November 17th, 2020 in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 18th, 2018. A description of the completed services follows. Task 1 — Full Cost Accounting Evaluation for Fiscal Year 2019-2020 Consultant prepared a Full Cost Accounting report for the Solid Waste Disposal District ("SWDD") based upon the information requested from and provided by the County. The final report provided included the public notice for the SWDD's use. The Consultant solicited Client feedback on the draft report, addressed comments received, and provided an updated final report. Task 2 — Financial Assurance Subtask 2.1 — Closure Cost Estimate Adjustment Consultant prepared an update to the County's existing Closure Cost Estimates for the Class I and C&D Landfills for use in evaluating the escrow account balances/projections as part of the annual financial assurance report preparation. Subtask 2.2 — Financial Assurance Report Consultant prepared a Financial assurance report based upon information provided by the County and the survey and airspace assessment prepared by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I and C&D facilities. Historical airspace a waste generation information was taken into consideration in the projection of future waste generation and waste compaction rates. This information Was summarized in a final report which was reviewed .by County staff. All comments received from County staff have been addressed/incorporated into the final report. 355 Alhambra Circle, Suite 1400, Coral Gables, FL 33134 305 673 202°1 `II I Kimley»>Horn Subconsultants MM&T prepared a survey of the Class I and C&D landfill facilities and utilized the information collected along with the information collected the previous year to prepare an airspace evaluation (cut and fill report) that was the basis for the annual update to the Financial Assurance Report. Budget The approved Work Order No. 39 was authorized with a budget of $46,700. The current invoice is in the amount of $15,600 and the previous amount billed is $31,100 for a total of $46,700. Therefore, the project has been completed within the approved budget. Closure Kimley-Horn appreciates this opportunity to serve the County and if there are any questions with regard to the services performed, please contact me at barton.fye(cDkimley-horn.com or 305-535-7712. Prepared by: Barton J. Fye, P: E. Kimley-Horn and Associates, Inc. 305 673 202`1(1 Kimley)))Horn Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 932520 Account Number: 2073089159554 ATLANTA, GA 31193-2520. ABA#: 121000248 INDIAN RIVER COUNTY ATTN: JILL WILLIAMS 1840 25TH STREET VERO BEACH, FL 32960 Federal Tax Id: 56-0885615 For Services Rendered through Jun 30, 2021 LUMP SUM Invoice No: 19104625 Invoice Date: Jun 30, 2021 Invoice Amount: $15,600.00 Project No: 044572067.1 Project Name: IRC FCA AND FA FY2021 Project Manager: FYE, BARTON Client Reference: RFQ 2018008 WO #39 Description Contract Value % Complete Amount Earned to Date Previous Amount Billed Current Amount Due TASK 1.0 FULL COST ACCOUNTING 5,000.00 100.00% 5,000.00 1,000.00 4,000.00 TASK 2.0 FINANCIAL ASSURANCE 23,200.00 100.00% 231200.00 11,600.00 11,600.00 SUB -CONSULTANTS - MM&T SURVEY 18,500.00 100.00% 18,500.00 18,500.00 0.00 Subtotal 46,700.00 100.00% 46,700.00 31,100.00 15,600.00 Total LUMP SUM 15,600.00 DESCRIPTION OF SERVICES PERFORMED: PREPARED AND SUBMITTED FINAL FCA AND FA REPORTS. Total Invoice: $15,600.00 1002 If you have any questions, please contact Lauren Gayoso at 561-421-1219 or Lauren. Gayoso#kimley-horn.com. 31LOG Isar SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 9, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Update on Generation Study and Non -Ad Valorem Rate Analysis by Kessler Consulting, Inc. Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is operated as an enterprise fund with the two primary sources of revenue being the solid waste disposal rates (tipping fees) charged at the Indian River County (IRC) Landfill and the fees collected through the non -ad valorem special assessment for improved residential and commercial properties throughout IRC. These fee structures were originally established through a rate resolution forthe tipping fees and an ordinance forthe assessment fees. These rates were established in 1995 through a waste composition study. There have been some minor clarifications and adjustments throughout the years; however, the overall structure remains the same. Due to the continued need to increase the annual non -ad valorem special assessment to keep up with the increased operational costs, staff is needing to re-examine our tipping fees and the overall assessment program in an effort to reevaluate and modernize the financial strength of SWDD. On July 7, 2020, staff presented a summary of the tipping fee rate survey performed by Kessler Consulting, Inc. (KCI), and the SWDD Board approved staff recommendation to bring back a proposal for a full solid waste rate analysis. On December 1, 2020, the SWDD Board approved the proposal from KCI to perform Phase I of the project to review and analyze existing data and to select field-based methodologies for measuring waste generation. Afuture Phase 2 project would provide on-site and analytical testing services to complete the rate study. Specifically, the SWDD Board approved staff recommendation to waive the bid process and authorize the Purchasing Manager to issue a purchase order of $24,950 to KCI for Phase 1 and to.issue a purchase order for Phase 2 for a combined total of $150,000 to perform the solid waste non -ad rate analysis. There is $1,700 remaining on the current purchase order, or in other words, $23,250 has been spent so far for Phase 1. KCI has completed Phase 1; however, due to Covid, KCI recommended waiting to initiate Phase 2 until now. Staff has received the attached updated proposal from KCI to complete the project. SWDD Agenda - Update on Solid Waste Generation Study and Non -Ad Valorem Rate Analysis by KCI Page 160 SWDD Item Analysis: KCI has prepared the proposal detailing the scope of work, budget, and schedule for each of the tasks. The tasks are listed below showing the estimated fees based on a time and materials (T&M) basis. TASK DESCRIPTION AMOUNT Task 1 Determine residential and commercial waste generation rates $128,300 —T&M Task 2 Conduct a cost of service and rate analysis $ 38,000—T&M TOTAL = $ 166,300 The final rate study is anticipated for SWDD Board review in April 2022, which will provide direction to staff on the Fiscal Year (FY) 2022/23 budgetary process. Based on the completed work of $23,250 and the additional work of $166,300, the total project cost, is $189,550. Staff recommends directing the Purchasing Manager to approve issuing a purchase order for Phase 2 with the total costs not exceeding $166,300. Please note this includes the purchase and installation of two truck scales at a total cost of $28,000. Funding: I Funding for the SWDD Solid Waste Rate Survey is budgeted and available in the Other Professional Services account in the SWDD Landfill Fund (41121734-033190), which is funded from SWDD assessments and user fees. Since this project spans the current and next fiscal year, the funding is split as shown below. Please note, the capital purchase was included in the proposed FY21/22 budget under Professional Services; however, it has been correctly broken out separately below. Description Account Number Amount Other Professional Services (FY 20/21) 41121734-033190 $ 31,300 Other Professional Services (FY 21/22) 41121734-033190 $ 107,000 Capital — Other Machinery and Equipment 41121734-066490 $ 28,000 TOTAL = $ 166,300 I Recommendation: Solid Waste Disposal District staff recommends that the Board waive the requirement for bids and authorize the Purchasing Manager to issue a purchase order to Kessler Consulting, Inc. for Phase 2 to not exceed a combined total of $166,300 to perform a solid waste rate study. Attachments: 1. Solid Waste Generation and Non -Ad Valorem Rate Analysis proposal from Kessler Consulting, Inc. SWDD Agenda - Update on Solid Waste Generation Study and Non -Ad Valorem Rate Analysis by KCI Page 7, via electronic delivery Indian River County 132574 th Avenue, SW Vero Beach, FL 32968 Proposed Scope of Work to Conduct a Waste Generation Study and Non -Ad Valorem Rate Analysis KCI Project No.: 99-90.00 Dear Mr. Mehta: As requested, Kessler Consulting, Inc. (KCI) is pleased to provide this proposed scope of work to assist the Indian River County (County) Solid Waste Disposal District (SWDD) to complete two phases of work: • Phase 1: Determine residential and commercial waste generation rates. • Phase 2: Conduct a cost of service and rate analysis. Background In March 2021, KCI submitted a technical memorandum that analyzed the current SWDD assessment system and described a Phase 1 methodology to measure the amount of waste generated by commercial and residential properties. The proposed methodology entails gathering generation data over several months from commercial and multi -family customers utilizing truck- mounted scales, residential and compactor customers from landfill scale records, and supporting these data with field observations. Phase 1 results would provide the basis for updating the waste generation units (WGUs) assigned to each type of property use code. It is expected that Phase 1 work will result in new WGUs being assigned to commercial and residential properties. In this case, the SWDD will need to establish new rates to ensure ongoing financial sustainability. Phase 2 work will focus on conducting a cost analysis of SWDD, projecting future revenue requirements, and evaluating various rates scenarios for meeting future revenue requirements. Phase 1 Scope of Work — Generation Rate Study Described below are the proposed tasks and activities KCI anticipates conducting. These tasks are based on our current understanding of the County's needs and objectives. 14620 N. NEBRASKA AVE BLDG D ( TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1005 IRC/PM/Scope_GenStudyRateAnalysis.docx kessler consulting inc. Scope: Generation Study & Rate Analysis I July 9, 20211 Page 2 of 9 innovative waste solutions I Task 1: Planning and Mobilization The purpose of this task is to ensure all advanced logistics have been completed, e.g., installation of truck scales, data management systems are in place, and an operations plan is in place. Work activities will include: • KCI will submit to the County a draft operations plan for conducting the waste generation study and participate in a video conference with the County to review and discuss the plan, which will address: o Description of data to be collected. o Roles and responsibilities for operations, data management, field audits, etc.. o Schedule. o Communication and project management. • KCI will further analyze the SWDD Roll and Waste Management, Inc. (WMI) customer lists and seek assistance from WMI to increase the number of matched properties in the sample pool (SWDD Roll property and waste assessment matched to collection service provided by WMI). • KCI will request WMI route maps and customer lists, cross reference route information with the sample pool, and work with WMI to identify two trucks which cover the most diverse set of use codes and greatest number of matched properties. • KCI will provide technical support to the County, WMI, and Air Weigh® as needed to facilitate procurement and installation of the two truck scales, training of WMI and County personnel on the operations and maintenance of the scale system, establishing procedures for data transfer, and establishing the data management system. • It is anticipated that the County will work with WMI to provide KCI with direct access to the WMI's route verification software (Vision®). KCI will coordinate directly with WMI for software training, levels of access, and development of any customized reports. • The County will develop WasteWORKS® software reports and scale personnel work procedures to generate electronic reports for KCI detailing the weight of waste received for individual loads received and the source of waste (residential, commercial and multi -family container, and compactors). KCI will provide technical support to County staff as needed to ensure the desired data will be obtained. • Based upon the results of the preceding activities, KCI will submit to the County and WMI a final operations plan and participate in a video conference with the County and WMI to review and discuss the plan. Deliverables: • Draft and final operations plan. 14620 N. NEBRASKA AVE BLDG D i TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1006 IRC/PM/Scope_GenStudyRateAnalysis.docx kessler consulting inc. Scope: Generation Study & Rate Analysis I July 9, 20211 Page 3 of 9 innovative waste solutions Task 2: Start Up and Operations The purpose of this task is to ensure successful and timely start-up and operation of the data acquisition and field work. Work activities will include: Prior to the official start date, KCI will be on-site to work with the County and WMI to ensure that the suite of hardware, software, and data management procedures are fully functional, i.e., the truck scale and laptop, WMI service verification reports, landfill scale reports, and KCI database. • During the first month of operations, KCI will schedule and lead weekly team tele- conferences with the County and WMI to review status and discuss any upcoming work activities. Subsequently, teleconferences will be held monthly. Deliverables: • Minutes from team teleconferences. Task 3: Monitor and Compile Truck -Mounted and Landfill Scale Data The purpose of this task is to obtain waste generation data over a five-month time period (e.g., October through February) to account for fluctuations in weekly and monthly generation and thus ensure reliability of annualized waste generation rates. This task will entail substantial work to obtain and aggregate the large volume of data to be obtained from diverse sources (see Table 1), which is necessary to determine waste generation rates for the various generator types and use codes. Table 1— Waste Generation Study Data and Data Sources Notes: 'From WMI Vision;' from Air Weigh; & 'from WMI monthly reports. 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1007 I RC/PM/Scope_GenStudyRateAnalysis.docx CompactorCommercial Residential Truck # / Scope WMI, & WMI, & WMI, & WMI, & WMI, & All Routes 5 months Route # Landfill Landfill Landfill Landfill Landfill Truck All Routes 5 months Landfill Landfill Landfill Landfill Landfill Weight i StopsLifts All Routes 5 months WMkz& WMI, WMI, WMI, WMI' & Lift Location All Routes 5 months WMI, WMI, WMI, Truck' Lift Weight Sample 5 months Truck' Routes Container Sample Two 3=wk Field Audit Fullness Routes Audits WMI All Routes 5 months WM13 WMI3 WM13 . WM13 WM13 Customer # Container All Routes 5 months WM13 WMI3 WM13 WM13 WM13 Size No. of All Routes 5 months WM13 WM13 WM13 WM13 WM13 Containers Notes: 'From WMI Vision;' from Air Weigh; & 'from WMI monthly reports. 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1007 I RC/PM/Scope_GenStudyRateAnalysis.docx Scope: Generation Study &Rate Analysis I July 9, 20211 Page 4 of 9 kessler consulting inc.innovative waste solutions Work activities will include: • KCI will develop a customized database to house and analyze the multiple sources of data being obtained throughout the study. • KCI will obtain and database electronic reports from WMI service verification software for daily residential garbage, residential recycling, and commercial garbage container collection routes. • . KCI will obtain and database electronic reports from the County landfill scale software for individual loads of residential garbage, residential recycling, and commercial garbage container. • KCI will obtain and database electronic reports from Air Weigh software for each container serviced on commercial garbage container collection routes. • KCI will perform regular spot checks to ensure data integrity and assess trends. Deliverables: • Results of this task will be summarized in the Task 5 technical memorandum. Task 4: Field Observations of Waste Generation The purpose of this task is to audit individual containers and carts set out for collection by commercial, multi -family, and single-family customers. KCI will coordinate with WMI route schedules and drivers so that observations precede the collection truck. A full week (5 days) of field observations will be conducted twice during the five-month data collection period. Work activities will include: KCI will obtain the following information for a portion of commercial and multi -family customers in the sample pool: determine the number and size of containers, identify discrepancies from the WMI customer database, make note of recycling containers at customer locations (e.g., for cardboard collection) which may impact generation rates, estimate the waste container fullness, and identify any notable characteristics of the waste. • KCI will cross reference field observations with WMI's customer account information and truck scale data to estimate the bulk density of waste (pounds per cubic yard). • During the course of the field work, KCI will coordinate monthly conference calls with the County to report on work status. Separate calls will be scheduled with WMI on an as needed to basis to coordinate and adjust field work activities to its operations. Deliverables: • Monthly status calls with County staff. • Results of this task will be provided in the Task 5 technical memorandum. 14620 N. NEBRASKA AVE BLDG D ( TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1008 I RC/PM/Scope_G en Study RateAnalysis.docx Scope: Generation Study &Rate Analysis I July 9, 20211 Page 5 of 9 kessler consulting inc.innovative waste solutions Task 5: Data Analysis and Technical Memorandum The purpose of this task is to compile and analyze the data obtained in Tasks 3 and 4, calculate annual waste generation rates for the specific use codes monitored, and develop waste generation rates for all use codes in the SWDD assessment. Work activities will include: • KCI will calculate annual waste generation rates for commercial and multi -family properties monitored via truck scales (container service) and landfill scales (roll -off & compactor service), cross reference generation rates with SWDD Roll property information, and calculate WGUs per unit. • KCI will calculate annual waste generation rates for single-family properties monitored via landfill scales and WMI route counts and calculate WGU's per unit. • KCI will then develop a proposed list of WGUs for all property use codes in the SWDD Roll. • KCI will submit a draft technical memorandum summarizing the results of the field work and determination of property use code WGUs. Based on review and discussion with County staff, KCI will submit a final memorandum. • KCI will submit a draft presentation for a meeting with County administration and an anticipated study session with the County Commission regarding the results of the study, proposed changes in WGUs, and general impacts on the non -ad valorem (NAV) assessment. Based on review and discussion With County staff, KCI will submit a final presentation. • KCI will participate in one video conference and one on-site meeting with the County administration and/or Commission to present results of the study. Deliverables: • Draft and final waste generation study technical memorandum. • Draft and final waste generation study presentation. • One video conference and one on-site meeting. Phase 2 Scope of Work — Cost of Service and Rate Analysis KCI will prepare a cost of service analysis of the SWDD based on recent years' operational and financial data, project future revenue requirements, and assess alternative scenarios for adjusting NAV assessments to meet those revenue requirements based on the WGUs developed in Phase 1. This scope will provide the basis for future budgetary planning, recommendations, and decisions. Described below are the proposed tasks and activities KCI anticipates conducting based our current understanding of the County's needs and objectives. Please note that Phase 2 work can begin during Phase 1. Task 1: Kick-off, Information Request and Existing Financial System Assessment The purpose of this task is to update KCI's knowledge regarding SWDD operations and finances (personnel, equipment replacement, annual expenditures, capital improvement plans, debt 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1 813.971.8333 1 KESCONSULT.COM 1009 IRC/PM/Scope_GenStudyRateAnalysis.docx Scope: Generation Study &Rate Analysis I July 9, 20211 Page 6 of 9 kessler consulting inc.innovative waste solutions obligations, landfill construction, closure, post closure care, etc.) as the foundation for subsequent task work. Work activities will include: • KCI will participate in a conference call with County staff to confirm and refine project objectives and schedule. • KCI will submit a request for information to supplement information already obtained during previous work, for example: o Actual revenues and expenditures for past five years, current year budget, capital improvement plans, and recent year calculations of closure and post -closure care costs. o Consolidated annual financial reports for the SWDD. o Description and financial schedules for current debt obligations. o Current organizational chart of the County solid waste department. o Current equipment and fleet inventory including purchase cost, replacement schedule, annual service cost, and fuel cost for the past five years. o Anticipated changes in infrastructure and services of the SWDD. o Contracts for services. • KCI will review information with County staff to gain further clarification. • KCI will prepare a series of tables that consolidate and summarize SWDD current operations and financials. Deliverables: • Consolidated summary information for review and approval by the County. Task 2: Cost of Service Analysis The purpose of this task is to develop current actual and future projected full cost accounting of the SWDD to determine future revenue requirements for a 10 -year planning period. We anticipate projecting future revenue requirements based on a variety of factors, including historical budgetary trends, growth rates for major expenditure categories (e.g., salaries, benefits, equipment replacement, infrastructure development, etc.), and projected waste quantities. Work activities will include: • KCI will prepare a full cost of service analysis for current and recent years, including allocated costs for major categories of SWDD customers (i.e., residential, multi -family, and commercial based on the solid waste assessment use codes) based on the applicable services (e.g., convenience centers, recycling, and disposal). • KCI will develop assumptions for future projections and review them with County staff. 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 ( KESCONSULT.COM 1010 IRC/PM/Scope_GenStudyRateAna lysis.docx Scope: Generation Study &Rate Analysis I July 9, 2021 kessier consulting inc. Page 7 of 9 innovative waste solutions KCI will project future operational expenses, equipment repair and replacement, infrastructure and capital costs, and long-term liabilities and debt service, over a 10 -year planning horizon to estimate future revenue requirements. KCI will submit to the County summary tables regarding current and projected total costs, cost by service, annual costs per customer type (single-family, multi -family and commercial), overall fund balance, and new revenue requirements. KCI will then participate in a video conference with the County to review results and discuss alternative scenarios for subsequent rate analysis. Deliverables: • Cost of service analysis, submitted electronically in Excel® spreadsheet and PDF format. • Video conference with County staff. Task 3: Rate Analysis The purpose of this task is to evaluate a baseline (current WGUs and rates) and alternative (proposed WGUs and revised rates) scenarios for meeting future revenue requirements developed in Task 2 over a 10 -year planning period. KCI will use a spreadsheet -based, dynamic rate model that incorporates multiple variables and assumptions based upon discussions with the County. Our dynamic rate model isolates the key variables from the calculations so that "what -if" scenarios can be easily accommodated, and the County can understand the implications. Work activities will include: • KCI will develop a baseline rate scenario to determine the future rate requirements (i.e., $/WGU) based on current WGUs and rate structure that meet SWDD financial obligations and fund balance requirements. • KCI will develop up to three alternative rate scenarios to determine the future rate requirements (i.e., $/WGU) based on the generation factors developed in Phase 1 that meet SWDD financial obligations and fund balance requirements. • KCI will submit spreadsheet tables and graphs summarizing the results of the rate analysis. We will participate in an on-site work session with County staff to review all model assumptions and the proposed rate structure(s) and financing requirements. • KCI will adjust the rate analysis based the County's financial and political goals and submit one set of revised tables and graphs. Deliverables: Draft results of cost of service and rate analysis in tables and graphs. Work session with County staff. Revised results of cost of service and rate analysis in tables and graphs. Task 4: Technical Memorandum and Presentation The purpose of this task is to provide documentation of the cost of service and rate analysis and supporting materials for briefing County leadership. Work activities will include: 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM loll I RC/P M/Sco pe_G en Stu dyRateAnalysis.docx kessler consulting inc. Scope: Generation Study & Rate Analysis I July 9, 20211 Page 8 of 9 innovative waste solutions • Prepare and submit a draft technical memorandum and presentation summarizing results of the cost of service analysis and rate study. • Participate in up to two video meetings with County staff to discuss the draft and the strategy and schedule for next steps. • Prepare and submit final technical memorandum and presentation. • Meet with County staff to prepare for and participate in a presentation and briefing with County leadership. Deliverables: • Draft technical memorandum and presentation. • Video meeting with City staff. • Final technical memorandum and draft presentation for City leadership. • Preparatory on-site meeting with City staff and briefings with City leadership. Estimated Budget Phase 1 Because of the potential variability in the level of effort required for each phase of this project, KCI proposes to conduct the Phase 1 Waste Generation Study on a time -and -materials basis for an amount not to exceed $102,000. In addition, the cost for installing two truck scales is estimated at $28,000. Currently, there is approximately $1,700 remaining in the budget for the planning.study conducted earlier this year, which is available for this project. Thus, the net budget for Phase 1 is estimated at a not to exceed total of $128,300. Phase 2 KCI proposes to conduct the Phase 2 Cost of Service and Rate Analysis on a time -and -materials basis for an amount not to exceed $38,000. KCI Billing Rates KCI will charge hourly rates for professional services based upon our current contract with the City of Oakland Park— R-2021-062 (see below). 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 ( KESCONSULT.COM 1012 IRC/PM/Scope_GenStudyRateAnalysis.docx AMR; Principal $210___ _ Project Director_ $175 Project Manager $160 Senior Consultant II $145 I Senior Consultant 1 $140 Consultant 11 $105 rConsultant 1 r $95 Research Analyst 11 _ _ _ $85 Research Analyst 1 f $75 Administrative Support $65 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 ( KESCONSULT.COM 1012 IRC/PM/Scope_GenStudyRateAnalysis.docx Scope: Generation Study &Rate Analysis I July 9, 2021 kessler consulting inc. Page 9 of 9 innovative waste solutions Estimated Schedule KCI anticipates completing the proposed scope 6 months after receiving notice to proceed (see following tentative schedule). However, the project schedule is highly dependent on the collaboration and responsiveness of WMI and County staff particularly during the initial Phase 1 tasks. KCI will keep County staff apprised of work progress and work to meet the County's decisions making schedule. Indian River County, FL Waste Generation Study and Rate Analysis Summary KCI appreciates the opportunity to provide this proposal and looks forward to the opportunity to assist the County with this important project. Our goal is to provide the services and support that you need to achieve your objectives, therefore if you would like to discuss and refine the scope described above, please do not hesitate to contact me or Peter Engel. Sincerely, Kessler Consulting, Inc. AL�- Mitch Kessler President 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1013 IRC/PM/Scope_GenStudyRateAnalysis.docx Phase 1 Waste Generation Study 1 Planning 2 Start Up I I I I I I! k 3 Monitor, Compile & Analyze Data 4 Field Audits I ( 5 Tech Memo & Presentation I I I I I I( I I I I I I I I! Phase 2 lCost of Service and Rate Analysis 1 Financial Assessment 1 I 1 ( I I I I I I I I l f 2 Cost of Service Analysis I I I I I I + I I( I I f 3 Rate Analysis I 4 Tech Memo & Presentation ! I ( I I ( I I ( ! Summary KCI appreciates the opportunity to provide this proposal and looks forward to the opportunity to assist the County with this important project. Our goal is to provide the services and support that you need to achieve your objectives, therefore if you would like to discuss and refine the scope described above, please do not hesitate to contact me or Peter Engel. Sincerely, Kessler Consulting, Inc. AL�- Mitch Kessler President 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM 1013 IRC/PM/Scope_GenStudyRateAnalysis.docx 08/17/2021 15.13.11. Indian River County Solid Waste Disposal District August 17, 2021 Agenda Item 15.6.11 Background Information for Waste Generation Study and Non -Ad Valorem Rate Analysis 1o)3 - 1 08/17/2021 15.13.11. 4000 3000 ..... 2000 ._ _ .. ...._ .. ._ _ ... ..... ... .. ...._ ... .. ... .. _......... _ ,. .. _ .. 1000 .. ..... .. .: .. _ ... .. .. .... .... " .. "_ ".... _ . _ ... 0 a —Was[e Mgml —Treasure Coast —VeroBeach Summary of Methodology to Determine Generation Rates • Monitor waste generation rates over a 5 -month period to account for monthly fluctuations • Commercial front -load routes: on -board truck scale to measure weight generated at each property based on use code • Compactor routes: individual landfill scale tickets and use code of source property • Residential routes: landfill scale ticket and number of residential properties served on route • Two short-term field audits to measure container fullness and estimate bulk density to support estimating generation rates for full range of commercial use codes Lot3 - 2 08/17/2021 15.B.11. Summary of Overall Work Plan { '{ �. .vim+ a ✓.:.,..r- ,,.�1,'�v iz €a Phase 1 Waste Generation Study I I 1 I( I I 1 1. 1 I I I 1 Planning I I I ( I I I I I I I 2 Start Up I I I 11 17=1 1 3 Monitor, Compile & Analyze Data ( ( I I 4 1 Field Audits III III I I III III I 5 Tech Memo & Presentation I I I 11 I I 1 I I I I Phase 2 Cost of Service and Rate Analysis 1 1 1 1 1 I I III I i I I I 1 I IIp 1 Financial Assessment 1 1 1 I I I I I I ( C 2 Cost of Service Analysis III I 1 III I I I I 3 Rate Analysis III III I j4 Tech Memo & Presentation +L11 I 11 I i I I Solid Waste Disposal District staff recommends that the Board waive the requirement for bids and authorize the Purchasing Manager to issue a purchase order to Kessler Consulting, Inc. for Phase 2 to not exceed a combined total of $166,300 to perform a solid waste rate study. . 1013- 3