HomeMy WebLinkAbout2022-133Contract# IRL2022-07
Encumbrance# GLO 1- 1895/GLO 1-2205
AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE
IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE PHASE 4
RESTORATION FOR THE LOST TREE ISLAND CONSERVATION AREA
THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("Council"),
whose address isl235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose
address is 1801 271 Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto
include the parties, their officers, employees, agents, successors, and assigns.
'aoceILIGLII�
The waters of the state of Florida are among its basic resources, and the Council has been
authorized by the United States Environmental Protection Agency to be the local sponsor
for the Indian. River Lagoon National Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for
managing the Indian River Lagoon National Estuary Program.
The Council has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the management of the water resources of the
Indian River Lagoon.
The parties have agreed to jointly fund the following project to benefit the water resources
in accordance with the funding formula further described in the Statement of Work,
Attachment A (hereafter "the Project"):
Project description: The 13.7 acres of Earman Island will be mechanically treated and
re -vegetated with native species. The mechanically treated areas will be managed to
minimize establishment of opportunistic undesirable species within the mulched areas
for a period of at least six months prior to planting. A diverse array of native plants will
be installed in mulched areas within transitional wetland and hammock areas. Phase 4
also will include the treatment of exotics within the existing mangroves fringes.
In consideration of the above recitals, and the funding assistance described below, Recipient agrees
to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient
shall complete the Project in conformity with the contract documents and all attachments and other items
incorporated by reference herein. This Agreement consists of all of the following documents: (1)
Agreement, (2) Attachment A- Statement of Work; and (3) other attachments, if any. The parties hereby
agree to the following terms and conditions.
1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until September 30, 2023 ("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance on October 1, 2022 and shall complete
performance in accordance with the time for completion stated in the Statement of Work.
Time is of the essence for every aspect of this Agreement, including any time extensions.
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(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by
Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided,
however, that Recipient may submit a written request for extension of this time limit to the
Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify
Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be
deemed modified accordingly without any further action by the parties.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement
of Work, Attachment A. Recipient is responsible for the professional quality, technical
accuracy, and timely completion of the Project. Both workmanship and materials shall be of
good quality. Unless otherwise specifically provided for herein, Recipient shall provide and
pay for all materials, labor, and other facilities and equipment necessary to complete the
Project. The Council's Project Manager shall make a final acceptance inspection of the Project
when completed and finished in all respects. Upon satisfactory completion of the Project, the
Council will provide Recipient a written statement indicating that the Project has been
completed in accordance with this Agreement. Acceptance of the final payment by Recipient
shall constitute a release in full of all claims against the Council arising from or by reason of
this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING
(a) Comuensation. For satisfactory completion of the Project, the Council shall pay Recipient
approximately twenty three percent (23%) of the total cost of the Project, but in no event
shall the Council cost -share exceed $50,000. The Council cost -share is not subject to
modification based upon price escalation in implementing the Project during the term of
this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure
completion of the Project. Recipient shall notify the Council's Project Manager in writing
upon receipt of any additional external funding for the Project not disclosed prior to
execution of this Agreement.
(b) In -Kind Services. Recipient agrees to provide $165,804 in the form of cash and/or in-kind
services for the Project, as further described in the Statement of Work, which shall count
toward Recipient's total cost -share obligation of $165,804.
5. PAYMENT OF INVOICES
(a) Submission of Invoices. Recipient shall submit one invoice upon successful completion of
the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main
Street, Sebastian, Florida 32958, or (2) by e-mail to kolodny(i�irlcouncil.org. The invoice
shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall
include a copy of contractor and supplier invoices to Recipient and proof of payment. For all
approved expenses incurred on or after October 1, 2022, Recipient shall be reimbursed for
approximately twenty three percent (23%) of approved costs or the not -to -exceed sum of
$50,000, whichever is less. The Council shall not withhold any retainage from this
reimbursement. If necessary, for audit purposes, Recipient shall provide additional
supporting information as required to document invoices.
(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September
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30. Irrespective of the invoicing frequency, the Council is required to account for all
encumbered funds at that time. When authorized under the Agreement, submittal of an
invoice as of September 30 satisfies this requirement. The invoice shall be submitted no
later than October 30. If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30, a description of the additional
work on the Project completed between the last invoice and September 30, and an estimate
of the additional amount due as of September 30 for such Work. If there have been no prior
invoices, Recipient shall submit a description of the work completed on the Project through
September 30 and a statement estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the
Completion Date; provided, however, that when the Completion Date corresponds with the
end of the Council's fiscal year (September 30), the final invoice must be submitted no
later than 30 days after the Completion Date. Final invoices that are submitted after the
requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty
may be waived by the Council, in its sole judgment and discretion, upon a showing of
special circumstances that prevent the timely submittal of the final invoice. Recipient
must request approval for delayed submittal of the final invoice not later than ten
(10) days prior to the due date and state the basis for the delay.
(d) Invoice Requirements. All invoices shall include the following information: (1) Council
contract number; (2) Council encumbrance number; (3) Recipient's name and address
(include remit address, if necessary); (4) Recipient's invoice number and date of invoice;
(5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting
documentation as to cost and/or Project completion (as per the cost schedule and other
requirements of the Statement of Work); (8) Progress Report (if required). Invoices that
do not correspond with this paragraph shall be returned without action within twenty (20)
business days of receipt, stating the basis for rejection. Payments shall be made within
forty-five (45) days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses, travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule, they are a cost that
is borne by Recipient.
(f) Payments withheld. The Council may withhold or, on account of subsequently discovered
evidence, nullify, in whole or in part, any payment to such an extent as may be necessary
to protect the Council from loss as a result o£ (1) defective work not remedied; (2) failure
to maintain adequate progress in the Project; (3) any other material breach of this
Agreement. Amounts withheld shall not be considered due and shall not be paid until the
ground(s) for withholding payment have been remedied.
(g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget
the amount of funds that will be expended during each fiscal year as accurately as
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possible. The Statement of Work, Attachment A, includes the parties' current schedule for
completion of the Work and projection of expenditures on a fiscal year basis (October 1—
September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will
exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the
Council's Project Manager and provide a proposed revised work schedule and Annual
Spending Plan that provides for completion of the Work without increasing the Total
Compensation. The last date for the Council to receive this request is August 1 of the then -
current fiscal year. The Council may in its sole discretion prepare a Supplemental
Instruction Form incorporating the revised work schedule and Annual Spending Plan
during the then -current fiscal year or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party, its officers and employees.
Nothing contained herein shall be construed or interpreted as denying to any party any remedy or
defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of
the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each
party shall acquire and maintain throughout the term of this Agreement such liability, workers'
compensation, and automobile insurance as required by their current rules and regulations, which
may include participation in a self-insurance program.
7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding
availability, which may include a single source or multiple sources, including, but not limited
to: (1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by
the Florida Legislature, or (3) appropriations from other agencies or funding sources.
Agreements that extend for a period of more than one Fiscal Year are subject to annual
appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for
each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current
Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement
shall be deemed terminated for convenience five (5) days after receipt of such notice, or within
such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year"
is defined as the period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) business days. All notices shall be in writing to the
Project Managers at the addresses below and shall be sent by one of the following
methods: (1) hand delivery; (2) U.S. certified mall; (3) national overnight courier; (4) e-
mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight courier are deemed delivered one (1) business day after having been deposited
with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted
and received.
COUNCIL
Daniel Kolodny, Project Manager
IRL Council
1235 Main Street
Sebastian, FL 32958
(772)216-7148
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RECIPIENT
Beth Powell, Assistant Director, IRC Parks and
Conservation Resources
Indian River County
5500 7Th Street
Vero Beach, FL 32967
(772)226-1873
Contract# IRL2022-07
Encumbrance# GLO 1- 1895/GLO 1-2205
E-mail: kolodny(a,irlcouncil.org E-mail: bpowellairc ov.com
(b) The Council's Project Manager shall have sole responsibility for transmitting
instructions, receiving information, and communicating Council policies and decisions
regarding all matters pertinent to performance of the Project. The Council's Project
Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B,
to authorize minor adjustments to the Work that are consistent with the purpose of the
Work. Both parties must sign the CSI. A CSI may not be used to change the Total
Compensation, quantity, quality, or the Completion Date of the Work, or to change or
modify the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the Council Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project
and outline any potential issues affecting completion or the overall schedule. Reports may
be submitted in any form agreed to by Council's Project Manager and Recipient, and may
include emails, memos, and letters.
(b) Performance Monitoring. For as long as the Project is operational, the Council shall have
the right to inspect the operation of the Project during normal business hours upon
reasonable prior notice. Recipient shall make available to the Council any data that is
requested pertaining to performance of the Project.
10. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in
accordance with this Agreement to the effective date of termination. If Recipient materially fails
to fulfill its obligations under this Agreement, including any specific milestones established herein,
the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure,
citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If
Recipient fails to cure the breach within the thirty (30) day period, the Council shall issue a
Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice.
In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this
Agreement within thirty (30) days of such termination. The Council may also terminate this
Agreement upon ten (10) days written notice in the event any of material misrepresentations in the
Project Proposal.
1 11 \ : _ ' - 11TA f.Y[Iu i , mm1�
11. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder,
without the Council's prior written consent. Recipient is solely responsible for fulfilling all work
elements in any contracts awarded by Recipient and payment of all monies due. No provision of
this Agreement shall create a contractual relationship between the Council and any of Recipient's
contractors or subcontractors.
12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures,
copies of all reports submitted to the Council, and copies of all invoices and supporting
documentation for at least five (5) years after expiration of this Agreement. In accordance with
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generally accepted governmental auditing standards, the Council shall have access to and the right
to examine any directly pertinent books and other records involving transactions related to this
Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is
completed and all questions are resolved. Recipient will provide proper facilities for access to and
inspection of all required records.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration ofthis
Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient
has spent funds for purposes other than as provided for herein; (2) Recipient has failed to
perform a continuing obligation of this Agreement; (3) Recipient has received duplicate
funds from the Council for the same purpose; and/or (4) Recipient has received more than
one hundred percent (100%) contributions through cumulative public agency cost -share
funding.
(c) Florida Inspectors General. It is the duty of every state officer, employee, agency,
special district, board, commission, contractor, and subcontractor to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing pursuant to
this section.
13. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin, age, handicap, or marital status.
14. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, the
Council achieves its mission through partnerships with state agencies, local governments, community
organizations, and others. The Council requires Recipient to acknowledge the Council when
describing this project or program funded in whole or in part with Council funds in any of the following
products: (1) press releases, speaking engagements, and other public statements; (2) publications and
other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid
solicitations and/or; (7) social media.
15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute involving performance of this Agreement by submitting a written
statement to the Council's Project Manager no later than ten (10) business days after the
precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the
request to the Council's General Counsel, which shall issue a written decision within ten (10)
business days of receipt. This determination shall constitute final action of the Council and shall
then be subject to judicial review upon completion of the Project.
16. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the
performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises (W/MBE) are given the
opportunity for maximum participation as contractors. The Council will assist Recipient by
sharing information on W/MBEs. Recipient shall provide with each invoice a report describing:
(1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with
each during the invoicing period. The report will also denote if there were no W/MBE
expenditures.
17. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council and the
Recipient agree that this Agreement (including all exhibits, attachments, etc.) sets forth the
entire contract between the parties, and that there are no promises or understandings other than
those stated in these documents. None of the provisions, terms and conditions contained in this
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Agreement may be added to, modified or otherwise altered, except by written instrument
executed by the parties hereto.
18. E -VERIFY. Pursuant to Section 448.095(2), Florida Statutes, beginning on January 1, 2021,
the Recipient shall:
(a) Register with and use the E -Verify system to verify the work authorization status of all
newly hired employees and require all subcontractors (providing services or receiving
funding under this Agreement) to register with and use the E -Verify system to verify
the work authorization status of all the subcontractors' newly hired employees;
(b) Secure an affidavit from all subcontractors (providing services or receiving funding
under this Agreement) stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien;
(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement;
(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095,
Florida Statutes;
(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
(f) Be aware that if the Council terminates this Agreement under Section 448.095(2)(c),
Florida Statutes, the Recipient may not be awarded a public contract for at least 1 year
after the date on which the Agreement is terminated and will be liable for any
additional costs incurred by the Recipient as a result of the termination of the
Agreement.
19. FLORIDA SINGLE AUDIT ACT
(a) Applicability. The Florida Single Audit Act (FSAA), section 215.97, Fla. Stat., applies to
all sub -recipients of state financial assistance, as defined in section 215.97(1)(q), Fla. Stat.,
awarded by the Council through a project or program that is funded, in whole or in part,
through state financial assistance to the Council. In the event Recipient expends a total
amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of
such Recipient, Recipient must have a state single or project -specific audit for such fiscal
year in accordance with section 215.97, Fla. Stat.; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General. In determining the state
financial assistance expended in its fiscal year, Recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Council, other
state agencies, and other non -state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non -state entity for
Federal program matching requirements. Recipient is solely responsible for complying
with the FSAA.
If Recipient expends less than $750,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of section 215.97, Fla. Stat., is not
required. In such event, should Recipient elect to have an audit conducted in accordance
with section 215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's
resources (i.e., Recipient's resources obtained from other than State entities).
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(b) Additional Information. For information regarding the state program under the above
CSFA number, Recipient should access the Florida Single Audit Act website located
at https://apps.fldfs.com/fsaa/cataloiz.aspx for assistance. The following websites may be
accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/,
State of Florida's website at http://myflorida.com, District of Financial Services' Website
at http://www.fldfs.com/ and the Auditor General's Website
at http://www.myflorida.com/audgen/.
(c) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as
otherwise provided herein in Attachment C. Any balance of unobligated cash that have
been advanced or paid that is not authorized to be retained for direct program costs in a
subsequent period must be returned to the Council.
(d) Audit Requirements. Recipient shall ensure that the audit complies with the requirements
of section 215.97(7), Fla. Stat. This includes submission of a financial reporting package
as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. Recipient shall comply with the program requirements described in the Florida
Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx].
The services/purposes for which the funds are to be used are included in the Statement of
Work.
(e) Financial Reporting. Recipient shall provide the Council with a copy of any reports,
management letters, or other information required to be submitted in accordance with
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable, no more than 20 days after its
preparation. Recipient shall indicate the date the reporting package was delivered
to Recipient in correspondence accompanying the reporting package. This information
shall be directed to: IRL Council, Mr. Daniel Kolodny, Chief Operating Officer, 1235 Main
Street, Sebastian, FL 32958. A copy of the report shall also be provided to the Auditor
General's Office at the following address: State of Florida Auditor General, Room 401,
Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450.
(f) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97,
Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site
visits by Council staff, limited scope audits, and/or other procedures. Recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Council. In the event the Council determines that a limited scope audit of Recipient is
appropriate, Recipient agrees to comply with any additional instructions provided by the
Council to Recipient regarding such audit. Recipient agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Council's
Independent Financial Auditor or the state Chief Financial Officer or Auditor General.
(g) Examination of Records. In addition to the Council's audit rights otherwise provided for
herein, Recipient shall permit the Council or its designated agent, the state awarding
agency, the Department of Financial Services, the state's Chief Financial Officer and the
state's Auditor General to examine Recipient's financial and non-financial records to the
extent necessary to monitor Recipient's use of state financial assistance and to determine
whether timely and appropriate corrective actions have been taken with respect to audit
findings and recommendations, which may include onsite visits and limited scope audits.
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(h) Records Retention. Notwithstanding any other provision of this Agreement to the
contrary, Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five (5) years from the date the audit report is
issued, and shall allow the Council, or its designee, state Chief Financial Officer, or Auditor
General access to such records upon request. Recipient shall ensure that audit working
papers are made available for such access for a period of three years from the date the audit
report is issued, unless extended in writing by the Council.
20. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and
shall not be construed more strictly against one party than against the other because it may have
been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of
any legal proceedings arising from or related to this Agreement: (1) venue for any state or
federal legal proceedings shall be in Indian River County; (2) each party shall bear its own
attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by
the court and WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
21. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities during and after
the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing
cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the
Project. Recipient is solely responsible for accomplishing the Project and directs the means and
methods by which the Project is accomplished. Recipient is solely responsible for compliance with
all labor, health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees.
22. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly,
in the business of Recipient to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
23. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the Council under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
24. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations
in implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project. Recipient shall obtain any and all governmental permits necessary to implement the Project.
Any activity not properly permitted prior to implementation or completed without proper permits does
not comply with this Agreement and shall not be approved for cost- share funding.
25. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
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contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
($35,000) for a period of 36 months following the date of being placed on the convicted vendor
list.
26. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla.
Stat. If Recipient receives a public records request, Recipient shall promptly notify the
Council's Project Manager. Each party reserves the right to cancel this Agreement for
refusal by the other party to allow public access to all documents, papers, letters, or other
material related hereto and subject to the provisions of chapter 119, Fla. Stat., as
amended.
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772)
216-7148, KOLODNY6DIRLCOUNCIL.0RG, 1235 MAIN
STREET, SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council 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, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall 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 Council.
(f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council
upon completion of the contract, the Recipient shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Recipient keeps and maintains public records upon completion of the contract, the
Recipient shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the Council, upon request from the Council's
custodian of public records, in a format that is compatible with the information technology
systems of the Council.
27. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
infringement of any patent rights and save and hold the Council harmless from loss to the extent
allowed by Florida law.
28. SEVERABILITY; SURVIVABILITY; WAIVER
(a) If any term or provision of the Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of
the Agreement, or the application of such terms or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected, and every other term and provision of the Agreement shall be deemed
valid and enforceable to the extent permitted by law.
(b) Any provision of the Agreement which is of a continuing nature or imposes an
obligation which extends beyond the term of the Agreement shall survive its
expiration or earlier termination.
(c) Failure of either party to enforce or exercise any right(s) under this Agreement shall
not be deemed a waiver of either party's right to enforce or exercise said right(s) at
any time thereafter.
Page 11
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This
Agreement may be executed in separate counterparts, which shall not affect its validity.
IRL COUN IL INDIAN RIVER COUNTY
By: By:;
Duan . De Freese, Ph.D., Executive Director
Peter D. O'Bryan, Chairman _
roer
Typed Name and Title
Date: •1 2p2_ Date: July 12, 2022 9�.Ril%ER000N�: •
APPROVED BY THE IRL
GENERAL COUNSEL
- Attest:
Glen J. ia, General Counsel Typed Name and Title
S 0 F 0 R reg
. _:. _. AL S:JFFs0lEiia "Y
ATTACHMENTS
Attachment A — Statement of Work
Attachment B — Council Supplemental Instruction Form
Attachment C — Contract Payment Requirements for State -Funded Cost Reimbursement Contracts
Attachment D — Volunteer Release of Liability and Sign-up Sheets
Cost -share: Agency general
Last updated: 3-16-20
Page 12
Attest' Jeffrey R. Smith, Clerk of
Cir it and C troller
Deputy Clock
Contract# IRL2022-07
Encumbrance# GLO 1- 1895/GLO 1-2205
ATTACHMENT A — STATEMENT OF WORK
�. PROJECT TITLE:
Phase 4 Restoration for the Lost Tree Islands Conservation Area (LTICA) — Earman Island
II. INTRODUCTIONBACKGROUND:
The Lost Tree Islands form part of the 508 -acre Lost Tree Island Conservation Area (LTICA) that
includes upland, wetland and submerged land forms. This conservation area is located in the central
portion of the County's section of the IRL. The northern section of the LTICA lies within the Indian
River Malabar to Vero Beach State Aquatic Preserve. Mapping from 1883 shows that the larger
islands and the wetlands within the LTICA were formed through natural processes. Dredging of the
nearby Intra -Coastal Waterway resulted in the deposition of spoil on all three islands. These past
management activities have significantly affected the composition of the plant communities on the
three larger islands (Duck Head Island — 60.4 Acres; Joe Earman Island — 68.6 Acres; and Hog's
Head Island — 48.4 Acres). The placement of spoil altered the topography and removed any wetland
communities that were within the interior potions of the islands. Additionally, much of the native
vegetation on the islands has been out -competed by non-native invasive species such as Australian
pines (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius).
The islands are approximately 0.75 miles north of the Merrill Barber bridge, in Vero Beach. In 2002
the Town of Indian River Shores and the City of Vero Beach entered into an interlocal agreement
with the County for the purchase and maintenance of the site. The conservation area was purchased
in 2003 with funds from the Florida Communities Trust. The LTICA is the second largest public -
owned island system that is protected in Indian River County, and includes more than 10 miles of
shoreline habitat.
Three wetland mitigation projects have been permitted on the three largest islands to date. The first
project is located on the northern end of Joe Earman Island. This project was permitted and designed
as a coastal wetland mitigation project. The project plan involved clearing Australian pine and
Brazilian pepper from the northern end of the island, and allowing native wetland vegetation to
recruit on-site. Maintenance activities were limited to eliminating seedling Australian pine and
Brazilian pepper, as well as other nuisance native species. Desirable wetland vegetation immediately
colonized the shoreline areas, and the wetlands exceeded 90% cover by desirable species within
three years of construction.
The two other mitigation projects were constructed on the northern end of Duck Head Island between
2008 and 2011. These projects mulched the Brazilian pepper and smaller Australian pines in place.
The aerial photograph to the left shows the northern portions of Duck Head & Earman islands where
mitigation was completed. The Duck Head plan included re -grading to create submergent and
emergent wetlands, and upland hammock.
The project site was vegetated using a combination of planted nursery stock and natural recruitment.
Desirable cover of vegetation was achieved on this site within 3-5 years (the longer duration for
upland communities). The challenges and successes that the County experienced through the
implementation of these projects provide a solid basis for the design of a comprehensive plan for
restoration of the larger islands.
In 2019, Indian River County received a grant from the Indian River Lagoon Council (IRLC) to
partially fund the design of a restoration plan for the three large islands within the LTICA. The
County worked with an engineering consultant to develop the design plans. As part of the IRLC
grant, several meetings with stakeholders, regulatory personnel, and the public were held to solicit
feedback on the restoration design. In early 2022 the design will be submitted to obtain required
permits for construction.
Phase 4 of the LTICA restoration includes the mechanical treatment of exotics within uplands on
Earman Island. This work is planned to begin in late 2022, and will be completed by a contractor
experienced with
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
work on the LTICA (i.e. mulching the cut lines through all three islands for subsequent topographic
survey). In addition. Phase 4 includes the re -vegetation of approximately 13.7 within the upland
portions of Earman Island that have been cleared of exotics. The re -vegetation will create a mixture
of transitional grass/shrub areas, as well as increased species diversity within areas that have a sparse
canopy of live oaks. As a final step in this phase of the project, the exotic species within fringing
mangrove wetlands will be treated.
III. PROJECT VALUE PROPOSITION STATEMENT:
The project objectives for design of the LTICA habitat enhancement plan are briefly summarized
as follows:
• Site design that is resilient and versatile, and by its nature will be adaptable during extreme
weather events and climate change.
• Water quality benefits through creation and enhancement of wetland communities.
• Establishment of endemic habitat, including, but not limited to:
o High marsh habitat which is a rare resource in Indian River County.
o Strategically located mangrove wetlands.
o Maritime hammock habitat.
o Salt flats and open sandy beaches for shorebird nesting.
o Seagrass habitat (based on appropriateness and feasibility).
o Oyster reefs (based on appropriateness and feasibility).
o Expanded nursery areas for fish and invertebrates
• Incorporation of innovative, low maintenance elements for shoreline stabilization.
• Incorporation of green technologies where appropriate and feasible.
• Provide for educational engagement on the ecological issues facing the Lagoon.
• Provide passive recreational opportunities that promote ecotourism, educational awareness,
local responsibility and facilitates informed community input.
• Minimization of mosquito production.
• Elimination of nuisance and exotic plant species such as Australian pine and Brazilian
pepper.
• Minimization of long-term maintenance, management, and capital costs.
The LTICA project incorporates elements of many of the IRLC Vital signs, including: (a)
enhancing existing wetlands by removing exotic species, and creating a wetland -upland transition
by removing exotics and revegetating areas landward of the mangroves; (b) implementing spoil
island habitat restoration and enhancement, and integrating public access to these areas (c)
maximizing biodiversity, resiliency and sustainability for the site; (d) providing diverse habitat for
listed/non-listed species; (e) installation of public education materials, and community involvement
work days on the LTICA, and (f) providing information to the public about issues facing the
Lagoon and the measures underway to enhance conditions.
IV. LOCATION OF PROJECT:
As shown on the Location Map, the 508 -acre site is located in Indian River County at 27°40'21.86"N
& 80022'42.60"W in the Central IRL. The islands are approximately 0.75 miles north of the Merrill
Barber to the barrier island.
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
V. SCOPE OF WORK (Outputs/Deliverables):
A. Mechanical Treatment of Non-native Vegetation:
As part of the IRLC Grant process, the County retained a contractor to cut survey lines throughout
all three islands to expedite the collection of topographic data. These survey lines traversed the
islands from north to south, and east to west. The lines varied in width from 12 feet to over twenty
feet. Equipment was barged to the islands as part of this work.
The contractor used for this mowing has been retained to complete the Phase I work on Duck
Head Island. The proposed cost for the mechanical clearing of Duck Head Island was used as an
estimate for completing similar work for Phase 4 of the Earman restoration project. The Duck
Head mowing was completed in May 2022. The machinery was barged to Earman Island in early
June 2022, and mowing has been initiated. The equipment used is able to do broadcast clearing, as
well as precision clearing in, and around, native trees and vegetation. Once complete, the area will
have a layer of mulch (ground to a level suitable for planting, as applicable) that will help keep
moisture around the base of installed plant materials. The proposed schedule for this work is
presented in Section VII.
B. Site Maintenance:
As shown on the proposed project schedule, there will be a period between when the mechanical
clearing is completed and planting is initiated. During these months, County staff will complete
monthly inspections to treat re -growth of opportunistic non-native vegetation. This treatment
period will reduce the effort required for follow-up treatments once these areas are re -vegetated
with native plants.
C. Procurement of Plant Materials:
The proposed planting scheme is depicted in Section II, and shows the approximate location of the
areas to be planted, as well as tables outlining the species, sizes, and quantities of materials to be
installed. The County plans to initiate the procurement of the plant material in early 2023 to allow
for the selected contractor to procure the required plant materials and prepare for installation. The
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
procurement documents include specifications for the planting work. The specifications have been
created based on Section 580 (Landscape Installation) of the standard Florida Department of
Transportation (FDOT) bidding documents.
D. Mobilization & Installation of Plant Materials
Mobilization and installation of the vegetation is planned to occur in June 2023. The timing of the
plant installation will be beneficial to the survivorship of the materials, assuming that the 2023 wet
season experiences typical rainfall events. The timeline for the project per this grant shows that the
planting work is anticipated to be completed by mid-July 2023. This early completion date allows
for the County and the Contractor to work around any unanticipated events, such as hurricanes or
delays in mobilization, and complete the installation within the grant period. The completion date
is flexible based on mobilization requirements, and any other events. The agreement with the
planting contractor provides for a six-month guarantee for the survivorship of the planted materials
from initial acceptance by the County. Maintenance of the planted materials during the guarantee
period will be the responsibility of Contractor; County staff will be maintaining the surrounding
areas to control the re -growth of non-native vegetation.
E. Community Engagement Events
Studies have shown that there is a clear link between environmental education programming and
improvement in academic performance, critical thinking skills, personal growth and life -building
skills in children aged K through 12. In addition, a number of the studies have shown that
environmental education increased civic engagement and positive environmental behaviors'. To
this end, the County plans to conduct two environmental education/community engagement efforts
as part of this grant. Two organized events will be coordinated with local schools, special interest
groups, as well as municipal partners and other County Departments.
Spoil islands are known to have issues with accumulated waste and debris. Boaters anchor near the
shallow areas adjacent to the islands and often leave behind picnic waste and other items.
Additionally, items are blown of fall off boats in the IRL, and this material ends up piled within
mangrove prop roots, or further ashore depending on high tide events and periodic storms.
The County plans to arrange for clean-up days to remove debris from all three of the large islands
within the LTICA. The events will include a brief introduction to the issues facing the IRL and the
goals and objectives of the LTICA project. Small groups will then be organized to traverse the
perimeter and inland areas of the islands to collect the waste materials. The County will coordinate
with the Solid Waste Disposal District and boating organizations to move the debris for safe
disposal at the County's landfill.
I = Nicole M. Ardoinhups://orcidorg/0000-0002-3290-8211, Alison W. Bowers, Noelle Wyman Roth & Nicole Nolthuis
(2018) Environmental education and K-12 student outcomes: A review and analysis of research, The Journal of
Environmental Education, 49:1,1-17, DOP 10.1080/00958964.2017.1366155
F. Monitoring & Preparation of Status Reports
Upon completion of the planting, County staff will conduct monthly monitoring of the restoration
areas to collect photographic data, and to identify any site maintenance required. Additional
monitoring will occur in conjunction with the planned clean-up events.
The County will prepare and submit quarterly progress reports after the first quarter following
contract execution and continuing to project completion. These reports will summarize the status of
design efforts, as well as providing a description of regulatory and stakeholder meeting completed.
The County will complete 100% of the project and will submit a project final report. The final
report will provide a detailed summary of the planting work, including photographs of the restored
areas.
VI. PROJECT TASK IDENTIFICATION:
Indian River County shall complete the following tasks:
• Task 1. Mechanical Treatment of Exotics: The County will arrange for a contractor to
mechanically remove the exotic vegetation within the proposed areas to be planted. This
Page 16
Contract# IRL2022-07
Encumbrance# GLO 1- 1895/GLO 1-2205
work will be initiated prior to the execution of the grant agreement and is not part of the
proposed IRLNEP funding.
• Task 2. Treatment of Vegetation Re -growth: The County will inspect and spot treat areas
where exotic or nuisance species have recruited into the mulched areas. These treatments
will continue through the planting and perpetual maintenance of the site.
• Task 3. Prepare Documents and Bid Re -vegetation Effort: The County will prepare
procurement documents and obtain bids for the planting of the mulched areas. The bid
documents will require that the contractor provide a guarantee period for all installed
materials.
• Task 4. Mobilization of Planting and Plant Installation: The contractor will be required to
contract grow any materials that are not readily available for planting. The County desires
that the planting occur in the wet season, which would facilitate the natural growth of the
installed plants. The contractor will be required to submit a proposed schedule for
planting with their bid. This task also includes the installation of the plant materials on the
Earman island site.
• Task 5. Inspection of Planted Materials: The County will inspect the installed materials on
an established schedule to verify that plant materials are thriving, and that any damaged
or dead materials are replaced at the contractor expense during the guarantee period.
• Task 6. Volunteer Clean -Up Events: The County will arrange up to 2 volunteer clean-up
events on the LTICA to clear planted areas of debris, and to raise awareness about the
need to control litter in the IRL.
• Task 7. Quarterly Progress Reports: The County will prepare and submit quarterly
progress reports after the first quarter following contract execution and continuing to
project completion. These reports will summarize the status of enhancement efforts,
including a narrative description of work completed and accompanying photographs.
• Task 8. Project Administration and Final Report: The County will submit a project final
report. The final report will provide a summary of the enhancement effort and
accompanying photographs and other required information.
VII. TIME FRAMES and DELIVERABLES:
• Task 1: Mechanical Treatment of Exotics (6/13/2022-8/12/2022)
Deliverable: Summary of activities completed in first quarter Report.
Deliverable Due: 1/31/2023
• Task 2: Treatment of Vegetation Re -growth (8/1/2022-9/30/2023)
Deliverable: Summary of activities to be included in quarterly reports and final
report.
Deliverable Due: 1/31/2023, 4/30/2023, 7/31/2023, and 9/30/2023
• Task 3: Prepare documents and bid -vegetation effort (12/5/2022-1/30/2023)
Deliverable: Bid documents
Deliverable Due: 4/30/2023
• Task 4: Mobilization of Planting and Plant Installation (6/6/2023-7/8/2023)
Deliverable: Installation Report summarizing the number of plants planted, and 2
high resolution photos of completed effort.
Deliverable Due: 7/31/2023
• Task 5: Inspection of Planted Materials (7/8/2023-9/29/2023)
Deliverable: Monitoring/Inspection Results to be included in Final Report
Deliverable Due: 9/30/2023
• Task 6: Volunteer Clean-up Events (1/28/2023-8/26/2023)
Deliverable: Summary of Events to be included in Final Report and copies of all
signed volunteer forms.
Page 17
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
Deliverable Due: 9/30/2023
Task 7: Preparation of Quarterly Reports (12/20/2022-7/31/2022)
Deliverable: Quarterly Reports that includes Council's Quarterly Report Cover
Page.
Deliverables Due: 1/31/2023, 4/30/2023, and 7/31/2023
Task 8: Preparation of Final Report (9/19/2023-9/30/2023)
Deliverable: A Final Project Report that summarizes all Tasks and Includes
Council's Final Project Executive Summary Cover Page. Two (2) high resolution
photos of completed project.
Deliverable Due: 9/30/2023
VIII. BUDGET:
Task line
Deliverable
IRLNEP
Cost Share
Cost Share Funding
Item
Funding
Funding
Source (In-kind or
Amount
Amount
Cash
1
Mechanical Clearing of
$0
$85,000
IRC (Cash)
Exotic Vegetation
2
Treatment of Exotic
$0
$1,538.56
IRC (In-kind)
Re -growth
3
Prepare documents ad
$0
$0
N/A
solicit bids
4
Mobilization and
$50,000
$76,900
IRC (Cash)
installation of plant
materials (includes
plantguarantee)
5
Inspection of Planted
$0
$0
N/A
Materials
6
Volunteer Clean-up
$0
$1,788.56
IRC (in-kind)
Efforts
7
Quarterly Progress
$0
$401.96
IRC (In-kind)
Reports
8
Project Administration
$0
$175
IRC (In-kind)
and Preparation of
Final Report
Summary Cost
$50,000
$165,804
Project total cost
$215,804
Page 18
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
ATTACHMENT B — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS #
DATE:
W63
FROM: , Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work
as consistent with the Contract Documents and return to the Council's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved:
Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved:
Date:
(Contractor agrees to implement the Supplemental Instructions as requested but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved:
Acknowledged:
, Council Project Manager
, Council Contracts Administrator
cc: ContracvPurchasing file
Page 19
Date:
Date:
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
ATTACHMENT - C
CONTRACT PAYMENT REQUIREMENTS FOR
STATE -FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state -funded cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for
each amount for which reimbursement is being claimed, indicating that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly
reflect the dates of service. Only expenditures for categories in the approved contract budget will be
reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by cost
category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,
fringe benefits, other deductions, and net pay. If an individual is paid by the hour, a
document reflecting the hours worked times the rate of pay is acceptable.
Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g., insurance premiums paid). If the contract specifically states
that fringe benefits will be based on a specified percentage, rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be
shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with section 112.061, Florida
Statutes, which includes submission of the claim on the approved State of Florida
(State) or Council travel voucher.
Other direct costs: Reimbursement is based upon 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.
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.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
The "Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services
can be found at this web address: http://www.fldfs.com/aadir/referenceguide.htm
Page 20
Contract# IRL2022-07
Encumbrance# GLO1-1895/GLO1-2205
ATTACHMENT D —
INDIAN RIVER COUNTY
Volunteer Sign-up and Release of Liability Form
To be signed by all persons engaging in volunteer activities on the date of the activity
Date: ; Project:
By my signature below, I acknowledge I am over the age of 18, and acknowledge and
agree to the following:
(1) I certify that I have no medical conditions or restrictions that would prohibit
me from acting as a volunteer. INDIAN RIVER COUNTY ("IRC") and the
IRL Council ("COUNCIL") do not assume any responsibility for evaluating my
medical condition or determining my fitness to perform volunteer activities. I
must comply with all IRC and COUNCIL policies and regulations, including
safety guidelines.
(2) I am not a volunteer for the COUNCIL, and I am not an employee of IRC or
the COUNCIL. At all times I am acting as an unpaid, independent volunteer,
and as such, am not entitled to any provision of law regarding IRC or
COUNCIL employment; nor any laws relating to hours of work, rates of
compensation, leave time or employee benefits.
(3) I recognize and understand that I am at all times responsible for my own safety
and the safety of others, and that in performing volunteer activities I may
encounter natural or other hazards. I assume the risk of any such hazards and
recognize that I am responsible for staying alert as to potential hazards and
taking appropriate steps, including discontinuing any activities that involve a
risk of bodily harm.
(4) I understand that I am volunteering for a project under the sole operation and
control of the IRC. The Council is merely a funding entity and has no control
over the conditions, tasks, or methods by which the volunteer activities are
conducted.
(4) I hereby hold and save IRC and the COUNCIL, its directors, officers, employees
and representatives, harmless from, and agree to indemnify same against, any
and all claims and losses that may be made by me or my heirs, spouse, or other
persons, for personal injury, loss of life, or property damage that may result
from my participation as a volunteer. This waiver and indemnity obligation
include claims based upon my partial or sole negligence or that of IRC and
COUNCIL.
Page 21
Contract# IRL2022-07
Encumbrance# GLO 1- 1895/GL01-2205
(print name)
Page 22
IRC Volunteer Sign-up and Release of Liability Form —page two
NAME
ADDRESS
HOURS
DATE(S)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
(dates)
(print name)
Page 22
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
INDIAN RIVER COUNTY
Minor Volunteer Sign-up and Release of Liability Form
To be signed by a parent/natural guardian whose minor child is engaging in volunteer activities
on the date of the activity, excluding classroom volunteer activities
Date: ; Project:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU
ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A
POTENTIALLY DANGEROUS ACTIVITY. YOU ARE
AGREEING THAT, EVEN IF INDIAN RIVER COUNTY ("IRC")
AND THE IRL COUNCIL ("COUNCIL") USES REASONABLE
CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE
YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY
PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE
CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH
CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS
FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND
YOUR RIGHT TO RECOVER FROM IRC AND THE COUNCIL
IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE
THAT RESULTS FROM THE RISKS THAT ARE A NATURAL
PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO
REFUSE TO SIGN THIS FORM, AND IRC AND THE COUNCIL
HAS THE RIGHT TO REFUSE TO LET YOUR CHILD
PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Page 23
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
By my signature below, I, , parent and natural guardian of
, acknowledge and agree to the following:
(1) I certify that my child has no medical conditions or restrictions that would prohibit him/her
from acting as a volunteer. IRC and the IRL Council ("COUNCIL") do not assume any
responsibility for evaluating his/her medical condition or determining his/her fitness to
perform volunteer activities. I understand my child is expected to comply with all IRC and
COUNCIL policies and regulations, including safety guidelines.
(2) I recognize that my child is not a volunteer for the COUNCIL and is not an employee of
IRC or the COUNCIL. At all times he/she is acting as an unpaid, independent volunteer,
and as such, is not entitled to any provision of law regarding IRC or COUNCIL
employment; nor any laws relating to hours of work, rates of compensation, leave time or
employee benefits.
(3) I recognize and understand that my child is at all times responsible for his/her own safety
and the safety of others, and that in performing volunteer activities he/she may encounter
natural or other hazards. I understand that I assume the risk of any such hazards and
recognize that my child is responsible for staying alert as to potential hazards and taking
appropriate steps, including discontinuing any activities that involve a risk of bodily harm.
(4) I am over the age of 18 and my child is under the age of 18. As parent/natural guardian of
my child, I hereby knowingly, freely, and voluntarily forever remise, release, acquit,
discharge and forever hold and save IRC and the COUNCIL, and each of their directors,
officers, employees, agents, contractors and representatives, harmless from, and agree to
indemnify same against, any and all claims and losses that may be made by me or my heirs,
spouse, or other persons, from all manner of actions, causes of action, suits, debts, dues,
sums of money, covenants, contracts, liability, judgments, executions, claims, costs,
attorney's fees, demands, damages, and liabilities, whatsoever, in law, equity, or otherwise,
including, but not limited to, personal injury, loss of life, or property damage that may result
from my child's participation as a volunteer including, but not limited to, providing
emergency services or emergency medical care. This waiver and indemnity obligation
include claims based upon my partial or sole negligence or that of IRC and the COUNCIL.
Nothing contained herein shall be construed or interpreted as a waiver of sovereign
immunity of the State of Florida.
Signature of Parent/Natural Guardian
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