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HomeMy WebLinkAbout08/16/2022El ORM t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 16, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of June 7, 2022 6.B. Regular Meeting of June 14, 2022 6.C. Regular meeting of June 21, 2022 6.1). Regular Meeting of July 5, 2022 6.E. Regular Meeting of July 12, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION August 16, 2022 Page 1 of 12 7.A. Proclamation Honoring Daniel Wittenberg on His Retirement From the Indian River County Board of County Commissioners Department of Public Works/Engineering Attachments: Proclamation 7.B. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2021 is on file in the Office of the Clerk to the Board. 7.C. 3rd Quarter FY 2021/2022 Budget Report Attachments: Staff Report 3rd Quarter Budget Report 7.D. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.E. Construction Board of Adjustment and Appeals Committee Vacancy Attachments: Staff Report 7.F. Landfill Closure and Collection Service Changes for the Labor Day Holiday Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 24, 2022 to June 30, 2022 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments July 1, 2022 to July 7, 2022 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments July 8, 2022 to July 14, 2022 Attachments: Finance Department Staff Report B.D. Checks and Electronic Payments July 15, 2022 to July 21, 2022 Attachments: Finance Department Staff Report 8.E. Checks and Electronic Payments July 22, 2022 to July 28, 2022 Attachments: Finance Department Staff Report S.F. Adoption of Modifications to the Purchasing Manual Attachments: Staff Report Proposed Changes to Section 9 of the Purchasing Manual B.G. Authorization for Change Order to PO 93191 to ServiceMaster by Glenn's Attachments: Staff Report August 16, 2022 Page 2 of 12 8.H. Miscellaneous Budget Amendment 007 Attachments: Staff Report 2021 2022 Resolution Exhibit "A" 8.I. Award of RFP 2022060 - Mental Health Coordinator Services Attachments: Staff Report Sample Agreement 8.J. Final Ranking of Firms and Award of RFP 2022070 for Website Redesign and Content Management System Attachments: Staff Report Agreement 8.K. Outside Agency Funding Policy Revisions - Children's Services Agencies Attachments: Staff Report Agenda Item from May 17, 2022 Ordinance 2022-007 Proposed Outside Agency Funding Policy Outside Agency Funding Policy Strikethrough Version 8.L. Approval of Final Ranking of Firms and Award of RFP 2022069 for Jones' Pier Conservation Area Entry Fencing Attachments: Staff Report 8.M. Resolutions Cancelling Taxes Attachments: Staff Report Resolution Cancelling Taxes - CGV INvestments, LLC Resolution Cancelling Taxes V. Burgess - V2 8.N. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2023 Attachments: Staff Report Resolution Exhibit A to Resolution August 16, 2022 Page 3 of 12 8.0. Resolutions Cancelling Taxes on Properties Purchased by the City of Fellsmere for Public Purpose Attachments: Staff Report Resolution Cancelling Taxes Felismere August 2022 (1) Resolution Cancelling Taxes Fellsmere August 2022 (2) Ltr to Dylan cancelling taxes - Marrero Ltr to Dylan cancelling taxes - Giuseppes 8.P. Amendment No. 2 to Work Order No. 10, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) Walking Trail, IRC -1908 Attachments: Staff Report MBV Engineering, Inc. Amendment No. 2 to Work Order No. 10 8.Q. Sally Beauty Supply LLC - Third Amendment to Lease Attachments: Staff Report Third Amendment to Lease Exhibit A - Insurance 8.R. Jackie Robinson Training Complex Villas Remodel (IRC -1914A) Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No 1 8.S. Amendment No. 1 to St. Johns River Water Management District Grant Agreement 36528 for the Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM) Stormwater Treatment Facility Attachments: Staff Report SJRWMD Grant 36528 Amendment No. 1 8.T. Amendment No. 1 to Work Order No. 7 Ecological Associates, Inc. Habitat Conservation Plan (HCP) Sea Turtle Monitoring North and South County Attachments: Staff Report EAI WO No. 7 Amended Scope EAI WO No. 7 Amendment No. 1 Execution 8.U. Amendment No. 1 to APTIM Work Order No. 2018006-13, Sector 3 Beach and Dune Restoration Project (IRC1925) Post Construction Environmental Monitoring (Phase 1 Year 1 Monitoring and Phase 2 Immediate Post Construction Monitoring) Attachments: Staff Report 2018006-13 Amendment No 1 2018006-13 Amendment No 1 Execution August 16, 2022 Page 4 of 12 8.V. Release of Retainage for Sector 5 Additional Dune Planting Project (IRC -2112) Attachments: Staff Report APTIM Recommendation of Payment Sector 5 Additional Dune Plants Pay App No 4 APTIM Retainage Payment Recommendation Cardno Inc. Sector 5 Release of Retainage 8.W. Work Order No. 52 - Kimley-Horn and Associates, Inc., 43rd Avenue Pedestrian and Bicycle Access Improvements from 12th Street to 18th Street (IRC -1818) Attachments: Staff Report Kimley-Horn Work Order 52 8.X. Renewal of Lease Agreement, 2601 51st Avenue, Vero Beach, FL 32966, Tenant: Ember Pappas Attachments: Staff Report Renewal of Lease Agreement 8.Y. ATKINS Workorder 7 for conceptual design of a Stormwater Storage/ Treatment facility Attachments: Staff Report ATKINS 8th Street Parcel Workorder No. 7 ATKINS Pond Exhibit Workorder No. 7 Execution Agreement 8.Z. Approval of Blue Medicare Advantage Renewal Attachments: Staff Report BlueMedicare Advanced Platinum PPO eff. October 1, 2022 BlueMedicare Master Agreement 8.AA. GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as High Pointe West [SD -18-11-10 / 2004080145-88665] Attachments: Staff Report Location Map Final Plat Layout 8.AB. Waiver to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas Attachments: Staff Report Proposed Land Development Regulation Minutes from the 8/15/2017 BCC meeting August 16, 2022 Page 5 of 12 8.AC. Consideration of the Indian River County SHIP Program 2022 Annual Report Attachments: Staff Report SHIP Funds and Applicant Information Summary SHIP Annual Closeout Report for FY 2019-2020 SHIP Annual Report Certification Form 8.AD. Modification #1 to Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number G0301 Attachments: Staff Report EMPG Agreement Mod #1 8.AE. Modification #1 to Emergency Management Performance Grant -American Rescue Plan Act Agreement (EMPG-ARPA) Agreement Number G0310 Attachments: Staff Report EMPG-ARPA Agreement Mod #1 8.AF. Amendment 2 Work Order No. 10 for Masteller & Moler, Inc., North County Water and Septic to Sewer Phase II Project - Private Side Connections Attachments: Staff Report Amendment 2 WO No 10 8.AG. Floravon Shores Septic to Sewer Approval of FDEP Cost -Share Funding Agreement Attachments: Staff Report FDEP Grant Agreement IRC Grant Form 8.AH. Final Pay to Masteller & Moler, Inc. for CCNA2018 Work Order No. 7 Amendment No. 2, 8th Street 24" Force Main Relocation Attachments: Staff Report Invoice No 1943LHJ-4 8.AI. Change Order to TLC Diversified, Inc., for the South County Reverse Osmosis Water Treatment Plant Membrane and Retrofit Project Attachments: Staff Report Change Order 1 8.AJ. Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2022/23 Attachments: Staff Report Recommended CSAC Funding FY23 Funding Allocation FY23 August 16, 2022 Page 6 of 12 8.AK. First Amendment for Sandridge Golf Club Maintenance Attachments: Staff Report IGM Executed Agreement (July 7, 2020) IGM Request Letter Amendment 1 for Golf Course Maintenance 8.AL. Indian River County Library System Long Range Plan 2023-2027 Attachments: Staff Report Long Range Plan 23-27 8.AM. Indian River County Library State Aid to Libraries Grant Attachments: Staff Report Grant Agreement Certification of Hours IRC Library System Annual Plan of Service 8.AN. Request for Approval of the First Extension to Agreement with J -Mac Cleaning Services, Inc. for Annual Beach Parks Mowing and Grounds Maintenance Attachments: Staff Report First Extension 8.AO. Work Order Number 25, Amendment No. 1 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions Attachments: Staff Report Amendment 1 8.AP. Amendment No. 1 to Work Order No. 3 (Jones' Pier Bungalow Stabilization & Museum Planning) - Donadio & Associates, P.A. Attachments: Staff Report Amendment 1 Addendum 8.AQ. Authorization to Piggyback Clay County Contract for Various Equipment and Amenities for Parks and Playgrounds for Lighting of the Pickleball Courts at Dick Bird (South County) Park and Approval of Quote Ref 219410 Attachments: Staff Report - Lighting Quote 219410 August 16, 2022 Page 7 of 12 8.AR. Notice of Grant Award from the Florida Division of Historical Resources for Kroegel Homestead Historic Structures, Condition Assessment - 23.h.sm. 100. 125 Attachments: Staff Report Attachment A - Agreement Grant Form - Kroegel 8.AS. Work Order Number 26, Amendment No. 1 - Continuing Engineering Services RFQ 2018008- Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans Attachments: Staff Report Amendment 1 to Work Order 26 8.AT. Award of RFP 2022059 for Concession Services Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Jan Jelmby's Request for Abandonment of a 30' Wide Unimproved, Unnamed Right -of -Way, West of Lots 40-43 in the Espy's Subdivision [ROWA-21-12-02 / 2016030081 - 90928] (LEGISLATIVE) Attachments: Staff Report Location Map Resolution Resolution Exhibit A Notice of Public Hearing 10.A.2. Coalition for Attainable Homes, Inc.'s Request for Abandonment of the West 30' of the 130' wide, 100' Long Segment of 32nd Avenue Right -of -Way, East of Lot 21 in the Reedwood Subdivision [ROWA-22-08-01 / 2022040010- 92475] (Legislative) Attachments: Staff Report Location Map Resolution Resolution Exhibit A Notice of Public Hearing B. PUBLIC DISCUSSION ITEMS August 16, 2022 Page 8 of 12 10.13.1. Request to Speak from Erin Deady re: Commercial Property Assessed Clean Energy Attachments: Public Discussion Request Erin Deady 10.B.2. Request to Speak from Jennifer and Mark Trodglen re: requesting variance for their shed Attachments: Public Discussion Request Trodglen 10.11.3. Request to Speak from Miss B's Learning Bees re: Limit Fees Charged to Program Attachments: Public Discussion Request MBLB C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for September 13, 2022, to Consider an Ordinance Establishing the LP Community Development District Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 1 LA. Update Regarding the Pending Sebastian Annexation Attachments: Staff Report Annexation 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Non -Profit Housing Community Rehab (RENO) Program and Non -Profit Housing Construction (CENO) Program Award Recommendations. Attachments: Staff Report Application Summary 12.A.2. Review of Proposed Request for Proposals for a Developer to Redevelop the Former Gifford Gardens Apartments Site with Housing that is Affordable Attachments: Staff Report Proposed RFP for Gifford Gardens Site B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works August 16, 2022 Page 9 of 12 12.G.1. Award of Bid No. 2022067, Dick Bird Park Pickleball Courts, IRC -2204 Attachments: Staff Report Sample Agreement H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements - Ken Chesnut - 6900 65th Street, Parcel 303 Attachments: Staff Report Exhibits A B and C 13.B. Authorization to proceed with foreclosure on Code enforcement cases: 2020030013 (15th Avenue - Palmer, Michael and Kelly) and 2018010025 (20th Avenue - Cavalier, Diackamann) Attachments: Staff Report Order Imposing Fine Palmer Deed QC Deed from 4230 Land Trust to Diackamann 12-19-2019 QC Deed from TWR to 4230 Land Trust 11-15-2019 Recorded Order Imposing Fine 13.C. Calcutta Drive Docks Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Request from Jennifer and Mark Trodglen for a variance for their shed. Attachments: Commissioner's Memorandum B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Update/Discussion on Sector 7 Beach Renourishment Project Attachments: Commissioner's Memo C. Commissioner Susan Adams 14.C.1. Commercial PACE in Indian River County Attachments: Commissioners Memo D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS August 16, 2022 Pane 10 of 12 A. Emergency Services District 15.A.1. Approval of ESD Meeting Minutes of June 7, 2022 15.A.2. Approval of the ESD Meeting Minutes of June 21, 2022 15.A.3. Approval of a Memorandum of Agreement between Florida Department of Health, Indian River Health Department & Indian River County Emergency Services District to Provide Routine Immunization Services. Attachments: Staff Report Memorandum of Agreement -Health Dept & IRCESD Article 15 -CBA B. Solid Waste Disposal District 15.B.1. Approval of SWDD Meeting Minutes of June 7, 2022 15.B.2. Approval of SWDD Meeting Minutes of June 14, 2022 15.B.3. Approval of the SWDD Meeting Minutes of June 21, 2022 15.B.4. Approval of SWDD Meeting Minutes of July 5, 2022 15.B.5. Approval of SWDD Meeting Minutes of July 12, 2022 15.B.6. Approval of Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement Attachments: Staff Report Second Amendment and Renewal 15.B.7. Approval of 2023 CPI Adjustment Request by Waste Management for Government Buildings Attachments: Staff Report Rate Adjustment Letter from WM 15.B.8. Adoption Agreement with US Ecology Attachments: Staff Report Adoption Agreement with US Ecology of Tampa C. Environmental Control Board 16. ADJOURNMENT August 16, 2022 Page 11 of 12 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. August 16, 2022 Page 12 of 12 PR.00L.�,M.�7ION HONORING DANIEL WITTENBERG ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION 300 erects, Daniel Wittenberg retired from the Indian River County Department of Public Works, Engineering Division effective July 14, 2022; and -Whereas, Daniel Wittenberg began his career with Indian River County, Engineering Division on April 30, 2007 as Engineering Inspection Supervisor until his retirement; and V) erea, Daniel Wittenberg has served this County and the Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated; and 0ier,5 v e, 6e it--nwaaimed- dy the Board of County Commissioners oflndutn River County ,Toru% that the Board applauds Daniel Wittenberg's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last fifteen years; and Be it-TurtlierPron6i(med-that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 16th day of August 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter A O'Bryan, Chairman 7A INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: July 22, 2022 SUBJECT: 3rd Quarter FY 2021/2022 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the third quarter of fiscal year 2021/2022. 2 N O L L- N r - N O N M WIN= O 0) me 0 L T Y 0o ��QAIi w E E O U N K Cl) e 00 M O G 6R N M t O `o f N 0� a Ol t U C e v O� t LO LO 00 LO t 0 N t 10 10 M N G 9 N N r, M M N N C 0 Q. D L G 6 N P � N ° � O O Ma N w a a E O O o y� � o c N O O > P � co P Q C O N coco C6 C i 3 a o 0 o E a a m ° a O a} co E N O O O N U Cl) OO M Q -0 O O p 0O � O _ N � sr E E a o a) rff O OU D T a T U C a - O � o c E as o W T D '0 E t ,O a o. 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N V W z Q zz Q W 0 T C O a a 0 W e W � 0 Z N W CL N W v E a z 0 O a U O �o Q 'O c C 0 9 O N 2 10 LO CO V N tfr N 10 n rl N tfT O t!} H z LUU LU J Z N_ LU 3 LO N P C� P V O M O` N n V O V U U N N C N O 0 U C 00 00 co v N V M co w P O co h V N to U LU N U U LU O M V co O co co N OJ N n V U N 0 Q C 0 C 0 a C co O N V va co O N V w t,4 z ui2 co LO N N P ol P V V O M N N n V 6 Q O N 4 70 N a a� U C O to V n n M es} N M M P N .9- e9- Lu f}v>w U Luw Q Q z 0 U uj2 0 O P V M co O P N V N O h v3 6 Lu W 06 LU O LO LO In co O P N N O h tf} LU U z Q z LU 0 O P N V M O M V N N O tr) tq LU LL 0 CL0 N Ol co Ln V M O 0, Ln n N d O r tR tPr LU z_ 0 N J r w D N P N M O 0` N V O tf} v n Lo V M N O O N a tPr Q U Z) uj 3 0 Q LuLu M 12 O U O M N M O O h N Lo O T I tR z 0 Q IL U w IL 0 O co co O M N LO O h 19 Indian River County Venue Event Calendar For more information go to www.ircgov.com - Event Calendar Julian Wingate's Big Bore Challenge Aug 27 @ IRC Shooting Range --10045 102nd Terrace, Sebastian, FL 32958 • 9am-4pm. Cost $35 per person. Tickets sold at Alpha Guns and Ammo ➢ In memory of IRC Shooting Range employee Julian Wingate. Contestants have the chance to win a $1000 revolver. Youth Flag Football Season Season Starts Sept. 17 -Nov. 5 Ages 4-14. Monday, Wednesday, and Saturdays @ Dick Bird (South County) Regional Park ➢ This is a Co -Ed Flag Football program that is designed to teach the basic fundamentals of football, teamwork, and good sportsmanship. Family Time Puzzle Challenge Sept 21 @ North IRC Library • 6pm-7pm. Free Event! ➢ Fun for the entire family! Make a team of up to 5 people to compete against others and the clock to complete a 500 -piece puzzle to win a prize! Sponsored by the friends of the North IRC Library. Vero Beach Gun Show Sept 24-25 @ IRC Fairgrounds • 7955 58th Avenue • SAT 9am-5pm and SUN 10am-4pm. Admission $8 ➢ Buy, sell, and trade guns/related items. Plant -Based -Vegetarian Cooking with Chef Warren Caterson Sept 27 @ Brackett Library • 6pm-7pm. Free Event! ➢ Warren Caterson is a chef and full-time writer who studied at the Southeast Institute of Culinary Arts. He is the award-winning author of "Table for Two - The Cookbook for Couples," "Table for Two - Back for Seconds," and "Cooking Outside the Lines - Musings of an Extemporaneous Chef." 19 NOW OFFERING! Zumba Mondays @ iG Center • 9:30am-10:30am. Classes $10 Per Person. ➢ Join Brazilian native, Miwana Sargent, on an exhilarating, easy to follow, Latin inspired, calorie burning experience! Miwana's class offers a variety of rhythms from Latin, Soca, and Hip -Hop NEW CLASSES! Pre-school Tumbling Mondays and Fridays @ iG Center Monday 1:15pm-1:45pm and Friday 10:15am-10:45am. $3 per session. 7 spots available per class. ➢ Preschool tumbling is a great start for ages 4-5. Get active while having fun! In this program children ages 4-5 are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. Children will improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited sign up quickly! SAVE THE DATE! State Florida Swimming Special Olympics Oct. 1 & 2 @ North County Aquatic Center & iG Center ➢ Save the Date for October 1st and 2nd for the annual Special Olympics! Volunteers wanted! For more information go to: www.specialolympicsflorida.org/events Competition venue: North County Aquatics Center 9450 County Road 512, Sebastian, FL 32958 Ceremony Venue: Intergenerational Recreation Center, 1590 91h Street, SW, Vero Beach, FL 32962 20 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 7 Informational Matters - B.C.C. 08.16.22 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 8, 2022 SUBJECT: Construction Board of Adjustment and Appeals Vacancy ATTORNEY On August 1, 2022, Cindi Dixon submitted her resignation as the "Member of the General Public" representative on the Construction Board of Adjustment and Appeals. Cindi Dixon's term expires in January 2023. Anyone interested in serving on the Construction Board of Adjustment and Appeals, and meeting the requirements for the Member of the General Public representative position, will need to submit application and rdsumd to the Board of County Commissioners. An application can be accessed and completed online at www.ircaov.com/boards/committee applications. C.IUserslufc pro"ppDatalLocahTempIBCL TechnologiesleasyPDF81@BCL@301091AP@BCL@301091AF.docx 21 ??t:� Informational Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Labor Day Holiday In observance of Labor Day, the Main County Landfill and the five Customer Convenience Centers will be closed on Monday, September 5, 2022. In addition, there will be no residential curbside services for recycling, garbage, or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at ircgov.com for more information. Labor Day H iy e and Recvclinq Service Schedule Unincorporated IRC Garbage services will be shifted by one day, A•' r u t -.z 1 ho i r`3 a i T C,tc City of Fellsmere City of Sebastian Monday customers will receive garbage service on Wednesday, Sep. 7. Yard waste services for Mon. customers will be serviced on Mon. Sep. 12. If you have questions regarding your service schedule, please cog Waste Management of 569-1776. City of Vero Beach Monday customers will receive garbage service on Thurs. Sep. 8. No changes to yard waste services. If you have questions regarding your service schedule, please call the City of V8 Solid Waste Division at 978-5300. Town of Orchid No Changes If you have any questions regarding your service schedule, please call the Waste Pro at 595-9390. Indian River Shores Monday customers will receive garbage service on Thurs. Sep. 8. No changes to yard waste services. If you have questions regarding your service schedule, please call Republic Services at 562-6620 ext. 3. SWDD Agenda - Pa 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, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 30, 2022 I� & GOMP7 U i o 9 � yR/�fR COUNt��y SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 24, 2022 to June 30, 2022 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 24, 2022 to June 30, 2022. 23 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 424786 06/24/2022 UNITED WAY OF INDIAN RIVER COUNTY 684.00 424787 06/24/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,494.86 424788 06/24/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 424789 06/24/2022 P&A ADMINISTRATIVE SERVICES INC 447.00 424790 06/24/2022 NORTH DAKOTA CHILD SUPPORT 274.16 424791 06/30/2022 CARTER ASSOCIATES INC 1,252.50 424792 06/30/2022 INDIAN RIVER COUNTY HEALTH DEPT 57,482.37 424793 06/30/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 424794 06/30/2022 ROGER J NICOSIA 1,500.00 424795 06/30/2022 CITY OF VERO BEACH 2,230.27 424796 06/30/2022 CITY OF VERO BEACH 11,987.50 424797 06/30/2022 HOME DEPOT USA INC 119.00 424798 06/30/2022 AT&T CORP 657.74 424799 06/30/2022 AT&T CORP 1,273.52 424800 06/30/2022 FLORIDA POWER AND LIGHT 10,341.19 424801 06/30/2022 ST LUCIE COUNTY BOCC 40,484.33 424802 06/30/2022 ARCADIS U S INC 34,261.74 424803 06/30/2022 MASTELLER & MOLER INC 2,524.00 424804 06/30/2022 1ST FIRE & SECURITY INC 106.38 424805 06/30/2022 FISHER & PHILLIPS LLP 19,095.90 424806 06/30/2022 KRISTIN DANIELS 35.00 424807 06/30/2022 SOUTHERN MANAGEMENT LLC 1,196.50 424808 06/30/2022 CANARX GROUP INC 5,571.30 424809 06/30/2022 DESK SPINCO INC 593.91 424810 06/30/2022 WITT O'BRIEN'S LLC 232.50 424811 06/30/2022 LOWES COMPANIES INC 101.83 424812 06/30/2022 CONSOR ENGINEERS LLC 142,595.94 424813 06/30/2022 EL CABALLO BLANCO LLC 250.00 424814 06/30/2022 PALFINGER US HOLDING INC 400.00 424815 06/30/2022 KIB CONSTRUCTION CORP 33,648.75 424816 06/30/2022 GIBRALTAR CONSTRUCTION COMPANY INC 83,061.57 424817 06/30/2022 SPIEZLE ARCHITECTURAL GROUP INC 61.50 424818 06/30/2022 TAMMY RAILTON 100.00 424819 06/30/2022 SPRINKLERMATIC FIRE PROTECTION SYSTEMS 837.88 424820 06/30/2022 HYER QUALITY PLUMBING LLC 9,150.00 424821 06/30/2022 VERO BEACH FILM FESTIVAL 500.00 424822 06/30/2022 SUNCOAST WELDING SUPPLIES INC 259.33 424823 06/30/2022 COMMUNICATIONS INTERNATIONAL 132.00 424824 06/30/2022 RANGER CONSTRUCTION IND INC 700.90 424825 06/30/2022 VERO CHEMICAL DISTRIBUTORS INC 1,970.00 424826 06/30/2022 RICOH USA INC 243.84 424827 06/30/2022 KIMLEY HORN & ASSOC INC 5,580.29 424828 06/30/2022 HENRY SCHEIN INC 166.80 424829 06/30/2022 SAFETY PRODUCTS INC 171.47 424830 06/30/2022 DATA FLOW SYSTEMS INC 2,408.00 424831 06/30/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 42.00 424832 06/30/2022 INDIAN RIVER BATTERY 507.30 424833 06/30/2022 GRAINGER 764.82 424834 06/30/2022 KELLY TRACTOR CO 809.06 424835 06/30/2022 HACH CO 1,310.44 424836 06/30/2022 LFI FORT PIERCE INC 2,866.40 424837 06/30/2022 CLIFF BERRY INC 934.15 424838 06/30/2022 BOUND TREE MEDICAL LLC 1,433.90 424839 06/30/2022 EXPRESS REEL GRINDING INC 2,830.00 424840 06/30/2022 TIRESOLES OF BROWARD INC 6,411.00 424841 06/30/2022 MOTION INDUSTRIES INC 1,546.49 424842 06/30/2022 MIDWEST TAPE LLC 445.04 424843 06/30/2022 ODYSSEY MANUFACTURING CO 7,347.29 24 TRANS NBR DATE VENDOR AMOUNT 424844 06/30/2022 CENGAGE LEARNING INC 172.43 424845 06/30/2022 PENWORTHY COMPANY 1,479.83 424846 06/30/2022 GO COASTAL INC 386.70 424847 06/30/2022 PING INC 99.04 424848 06/30/2022 CITY OF VERO BEACH 94.73 424849 06/30/2022 UNIVERSITY OF FLORIDA 6,214.50 424850 06/30/2022 ACUSHNET COMPANY 449.58 424851 06/30/2022 FLORIDA RECREATION & PARK ASSOC INC 80.00 424852 06/30/2022 FLORIDA POWER AND LIGHT 111,935.10 424853 06/30/2022 FLORIDA POWER AND LIGHT 11,684.62 424854 06/30/2022 TAYLOR MADE GOLF CO INC 211.56 424855 06/30/2022 TAYLOR MADE GOLF CO INC 423.13 424856 06/30/2022 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,304.90 424857 06/30/2022 HIBISCUS CHILDRENS CENTER INC 4,868.35 424858 06/30/2022 COMPLETE ELECTRIC INC 1,845.15 424859 06/30/2022 SHERILEE D PARSELL 150.00 424860 06/30/2022 TROY FAIN INSURANCE INC 108.00 424861 06/30/2022 BE SAFE SECURITY ALARMS INC 147.50 424862 06/30/2022 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 275.00 424863 06/30/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 12.87 424864 06/30/2022 PELICAN ISLAND AUDUBON SOCIETY INC 4,936.21 424865 06/30/2022 HULETT ENVIRONMENTAL SERVICES 177.00 424866 06/30/2022 DASIE BRIDGEWATER HOPE CENTER INC 10,883.17 424867 06/30/2022 FL ASSOC OF COUNTY AGRICULTURAL AGENTS 100.00 424868 06/30/2022 THE SHERWIN WILLIAMS CO 99.98 424869 06/30/2022 SOUTHERN JANITOR SUPPLY INC 3,478.18 424870 06/30/2022 JACKS COMPLETE TREE SERVICE INC 1,500.00 424871 06/30/2022 RICHARD PEEPLES 350.00 424872 06/30/2022 GLOVER OIL COMPANY INC 70,179.86 424873 06/30/2022 ORCHID ISLAND PROPERTY MGMT II INC 2,479.56 424874 06/30/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 378.40 424875 06/30/2022 CEMEX INC 49.84 424876 06/30/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 24,913.87 424877 06/30/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 424878 06/30/2022 AMERIMARK INC 19,746.75 424879 06/30/2022 FLORIDAAQUASTORE INC 61,923.40 424880 06/30/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 424881 06/30/2022 DE LA HOZ BUILDERS INC 38,239.00 424882 06/30/2022 OVERDRIVE INC 1,230.02 424883 06/30/2022 VERO BEACH PARTNERSHIP 200.00 424884 06/30/2022 CARDINAL HEALTH 110 INC 228.60 424885 06/30/2022 MUNICIPAL EMERGENCY SERVICES INC 133.55 424886 06/30/2022 BURNETT LIME CO INC 3,397.42 424887 06/30/2022 LEARNING ALLIANCE 50,910.00 424888 06/30/2022 STRAIGHT OAK LLC 106.80 424889 06/30/2022 THE LAW OFFICES OF 575.00 424890 06/30/2022 STS MAINTAIN SERVICES INC 18,526.60 424891 06/30/2022 HAWKINS INC 736.06 424892 06/30/2022 COSTELLO BROTHERS MARINE CONSTRUCTION INC 9,200.00 424893 06/30/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 10,013.00 424894 06/30/2022 UNIFIRST CORPORATION 1,181.39 424895 06/30/2022 SOLAR SOLUTIONS WINDOW TINTING INC 675.00 424896 06/30/2022 BARSALOU VENTURES LLC 441.92 424897 06/30/2022 THE GIFFORD FLORIDAYOUTH ORCHESTRA 2,070.00 424898 06/30/2022 CROSSOVER MISSION INC 7,083.00 424899 06/30/2022 ROBERT O RICHARDSON III 165.00 424900 06/30/2022 COLE AUTO SUPPLY INC 578.79 424901 06/30/2022 KONICA MINOLTA BUSINESS SOLUTIONS 545.51 424902 06/30/2022 BETH NOLAN 24.00 424903 06/30/2022 ENVIRONMENTAL OPERATING SOLUTION INC 19,303.24 25 2 TRANS NBR DATE VENDOR AMOUNT 424904 06/30/2022 CORE & MAIN LP 46,473.82 424905 06/30/2022 JOE PAYNE INC 11,524.76 424906 06/30/2022 AAAA SERVICE LLC 1,687.19 424907 06/30/2022 TYKES & TEENS INC 6,816.67 424908 06/30/2022 GYRO-TRAC CORPORATION 539.90 424909 06/30/2022 ENGINEERED SERVICES INC 400.00 424910 06/30/2022 EMPIRE PIPE ORLANDO LLC 8,732.08 424911 06/30/2022 AMAZON CAPITAL SERVICES INC 3,628.26 424912 06/30/2022 TREASURE COAST PLUMBING LLC 731.00 424913 06/30/2022 AMERIGAS PROPANE LP 303.36 424914 06/30/2022 THE HOPE FOR FAMILIES CENTER INC 3,802.75 424915 06/30/2022 JORDAN POWER EQUIPMENT CORP 322.79 424916 06/30/2022 LIBERTY TIRE RECYCLING LLC 10,505.20 424917 06/30/2022 MULLINAX FORD OF VERO BEACH 5,512.86 424918 06/30/2022 R&S RADIO LLC 200.00 424919 06/30/2022 GELCO SUPPLY INC 1,785.84 424920 06/30/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 104.00 424921 06/30/2022 DESK SPINCO INC 2,183.59 424922 06/30/2022 BLUE GOOSE CONSTRUCTION LLC 4,492.58 424923 06/30/2022 STAPLES INC 1,252.64 424924 06/30/2022 LOWES COMPANIES INC 3,481.44 424925 06/30/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 424926 06/30/2022 WIPEOUT SERVICES LLC 875.00 424927 06/30/2022 BRITTON INDUSTRIES INC 209.53 424928 06/30/2022 NEPTUNE BENSON INC 1,377.74 424929 06/30/2022 SCALESGEAR.COM LLC 40.68 424930 06/30/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 424931 06/30/2022 MARUBENI AMERICA CORPORATION 1,144.65 424932 06/30/2022 DOBBS EQUIPMENT LLC 120.77 424933 06/30/2022 SHAMROCK ENVIRONMENTAL CORPORATION 7,196.49 424934 06/30/2022 CROM LLC 3,500.00 424935 06/30/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,624.10 424936 06/30/2022 EVENTIDE INC 55,117.73 424937 06/30/2022 PIVOTAL UTILITY HOLDINGS INC 38.21 424938 06/30/2022 BTAC HOLDING CORP 5,280.44 424939 06/30/2022 LEGENDARY HEADWEAR 1,644.03 424940 06/30/2022 COFFEY BROTHERS INC 230.00 424941 06/30/2022 RONALD MARASCO SR 165.00 424942 06/30/2022 ELIFEGUARD INC 452.10 424943 06/30/2022 ENERGY AND IMPACT SOLUTIONS LLC 475.00 424944 06/30/2022 PROTEGIS HOLDINGS LLC 478.50 424945 06/30/2022 STERLING CUT GLASS CO INC 193.98 424946 06/30/2022 PREMIER NURSERIES LLC 3,640.70 424947 06/30/2022 FLORIDA EMERGENCY PREPAREDNESS 150.00 424948 06/30/2022 FLORIDA EMERGENCY PREPAREDNESS 150.00 424949 06/30/2022 DOUBLETREE HOTEL 4,052.41 424950 06/30/2022 ALEXIS PERALTA 36.00 Grand Total: 1,241,602.92 26 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019709 06/24/2022 OFFICE DEPOT INC 539.43 1019710 06/24/2022 COMCAST 75.00 1019711 06/24/2022 WASTE MANAGEMENT INC OF FLORIDA 401.74 1019712 06/29/2022 AT&T CORP 5.76 1019713 06/29/2022 AT&T CORP 2,217.50 1019714 06/29/2022 OFFICE DEPOT INC 2,762.81 1019715 06/29/2022 COMCAST 278.50 1019716 06/29/2022 WASTE MANAGEMENT INC OF FLORIDA 471.31 1019717 06/30/2022 INDIAN RIVER OXYGEN INC 100.00 1019718 06/30/2022 IRRIGATION CONSULTANTS UNLIMITED INC 580.97 1019719 06/30/2022 GROVE WELDERS INC 88.84 1019720 06/30/2022 TOTAL TRUCK PARTS INC 176.56 1019721 06/30/2022 PRIDE ENTERPRISES 11,984.83 1019722 06/30/2022 WACO FILTERS CORPORATION 11,760.00 1019723 06/30/2022 AUTO PARTNERS LLC 3,603.27 1019724 06/30/2022 L&L DISTRIBUTORS 438.36 1019725 06/30/2022 STAT MEDICAL DISPOSAL INC 200.00 1019726 06/30/2022 HYDRA SERVICE (S) INC 587.82 1019727 06/30/2022 GUARDIAN ALARM OF FLORIDA LLC 511.00 1019728 06/30/2022 EFE INC 722.50 1019729 06/30/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 Grand Total: 37,561.10 27 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9665 06/24/2022 IRC FIRE FIGHTERS ASSOC 10,350.96 9666 06/24/2022 TEAMSTERS LOCAL UNION #769 5,188.50 9667 06/24/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 83,851.88 9668 06/24/2022 FL SDU 3,432.79 9669 06/27/2022 IRS -PAYROLL TAXES 488,802.61 9670 06/28/2022 VEROTOWN LLC 13,225.00 9671 06/28/2022 HEALTH ADVOCATE SOLUTIONS INC 1,582.35 9672 06/28/2022 HEALTH ADVOCATE SOLUTIONS INC 1,998.00 9673 06/30/2022 KIMLEY HORN & ASSOC INC 962.50 9674 06/30/2022 KIMLEY HORN & ASSOC INC 14,401.56 9675 06/30/2022 CER SIGNATURE CLEANING LLC 12,852.00 9676 06/30/2022 ALLEN CONCRETE & MASONRY INC 628,999.64 9677 06/30/2022 ATLANTIC COASTAL LAND TITLE CO LLC 41,148.50 9678 06/30/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 13,955.26 Grand Total: 1,320,751.55 4.1 JEFFREY R. SMITH, CPA, C GFO, C GMA Clerk of Circuit Court & Comptroller Finance Department 1801 27d' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 7, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 1, 2022 to July 7, 2022 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 1, 2022 to July 7, 2022. 29 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 424951 07/07/2022 COMMUNICATIONS INTERNATIONAL 25,843.46 424952 07/07/2022 RICOH USA INC 30.65 424953 07/07/2022 AT&T WIRELESS 172.92 424954 07/07/2022 AT&T WIRELESS 1,039.65 424955 07/07/2022 AT&T WIRELESS 1,046.65 424956 07/07/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 700.00 424957 07/07/2022 PAUL CARONE 1,300.00 424958 07/07/2022 AT&T CORP 3,203.26 424959 07/07/2022 FLORIDA DEPT OF TRANSPORTATION 5.75 424960 07/07/2022 INDIAN RIVER COUNTY UTILITIES 241.43 424961 07/07/2022 GEOSYNTEC CONSULTANTS INC 39,945.95 424962 07/07/2022 MORGAN & EKLUND INC 27,075.00 424963 07/07/2022 TREASURE COAST SPORTS COMMISSION INC 564.83 424964 07/07/2022 TLC DIVERSIFIED INC 541,089.37 424965 07/07/2022 CELICO PARTNERSHIP 3,907.63 424966 07/07/2022 MBV ENGINEERING INC 6,700.00 424967 07/07/2022 MASTELLER & MOLER INC 8,025.40 424968 07/07/2022 PACKARD ROOFING & WATERPROOFING 2,500.00 424969 07/07/2022 FISHER & PHILLIPS LLP 1,209.50 424970 07/07/2022 ATLANTIC COASTAL LAND TITLE CO LLC 175.00 424971 07/07/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 11,957.00 424972 07/07/2022 PATRIOT PRODUCTIONS LLC 500.00 424973 07/07/2022 CARDNOINC 42,251.25 424974 07/07/2022 ALL WEBBS ENTERPRISES INC 153,274.19 424975 07/07/2022 KALLKELL BUILDERS LLC 19,780.00 424976 07/07/2022 LOCKTON COMPANIES 22,375.00 424977 07/07/2022 CHANGE HEALTHCARE LLC 45,924.06 424978 07/07/2022 LOWES COMPANIES INC 103.47 424979 07/07/2022 BIOGAS ENGINEERING 319,071.00 424980 07/07/2022 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 424981 07/07/2022 SM REALTY PARTNERS LLC 2,132.00 424982 07/07/2022 VERO BEACH LAKES LLC 104,316.22 424983 07/07/2022 GLOBAL CLOSING SOLUTIONS, LLC 107.17 424984 07/07/2022 LILIANE STASSE 33.73 424985 07/07/2022 MEYYAPPAN RAMANATHAN 100.00 424986 07/07/2022 DARLENE GEIDNER 151.41 424987 07/07/2022 DAVID GIESON 37.71 424988 07/07/2022 RANGER CONSTRUCTION IND INC 1,601.78 424989 07/07/2022 HENRY SCHEIN INC 705.13 424990 07/07/2022 SAFETY PRODUCTS INC 35.20 424991 07/07/2022 PARALEE COMPANY INC 690.90 424992 07/07/2022 INDIAN RIVER BATTERY 2,672.90 424993 07/07/2022 GRAINGER 342.47 424994 07/07/2022 KELLY TRACTOR CO 2,254.16 424995 07/07/2022 KELLY TRACTOR CO 60.41 424996 07/07/2022 GENES AUTO GLASS INC 240.00 424997 07/07/2022 GRAYBAR ELECTRIC CO INC 636.48 424998 07/07/2022 APPLE INDUSTRIAL SUPPLY CO 54.89 424999 07/07/2022 CLIFF BERRY INC 208.60 425000 07/07/2022 BOUND TREE MEDICAL LLC 268.70 425001 07/07/2022 DIVE RESCUE INC 914.21 425002 07/07/2022 PARAGON ELECTRIC OF VERO INC 3,222.77 425003 07/07/2022 CITY ELECTRIC SUPPLY COMPANY 1,504.26 425004 07/07/2022 AMERICAN WATER CHEMICALS INC 29,766.00 425005 07/07/2022 ABCO GARAGE DOOR CO INC 3,241.00 425006 07/07/2022 NEWMANS POWER SYSTEMS 341.25 425007 07/07/2022 BLAKESLEE SERVICES INC 750.00 425008 07/07/2022 ODYSSEY MANUFACTURING CO 4,920.30 30 TRANS NBR DATE VENDOR AMOUNT 425009 07/07/2022 PRECISION CONTRACTING SERVICES INC 8,217.00 425010 07/07/2022 BAKER DISTRIBUTING CO LLC 90.18 425011 07/07/2022 SOFTWARE HARDWARE INTEGRATION 1,701.48 425012 07/07/2022 APPLE MACHINE & SUPPLY CO 206.33 425013 07/07/2022 HOME DEPOT USA INC 239.00 425014 07/07/2022 HOME DEPOT USA INC 33.94 425015 07/07/2022 UNITED STATES POSTAL SERVICE 10,945.82 425016 07/07/2022 PUBLIX SUPERMARKETS 24.83 425017 07/07/2022 FEDERAL EXPRESS CORP 19.63 425018 07/07/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 633.16 425019 07/07/2022 TYLER TECHNOLOGIES INC 31,940.67 425020 07/07/2022 CALLAWAY GOLF SALES COMPANY 413.84 425021 07/07/2022 FLORIDA POWER AND LIGHT 106,513.87 425022 07/07/2022 FLORIDA POWER AND LIGHT 31,482.20 425023 07/07/2022 TAYLOR MADE GOLF CO INC 211.56 425024 07/07/2022 STRUNK FUNERAL HOMES & CREMATORY 425.00 425025 07/07/2022 SHERILEE D PARSELL 155.00 425026 07/07/2022 NOTARY PUBLIC UNDERWRITERS INC 135.00 425027 07/07/2022 FLORIDA DEPT OF HEALTH 210.00 425028 07/07/2022 PITNEY BOWES INC 201.00 425029 07/07/2022 JOHN BROWN & SONS INC 8,000.00 425030 07/07/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 221.71 425031 07/07/2022 IRONSIDE PRESS LLC 58.86 425032 07/07/2022 ARK ELECTRIC OF VERO BEACH INC 4,720.00 425033 07/07/2022 BRIDGESTONE AMERICAS INC 2,227.45 425034 07/07/2022 RECHTIEN INTERNATIONAL TRUCKS 1,650.88 425035 07/07/2022 TRANE US INC 762.82 425036 07/07/2022 HULETT ENVIRONMENTAL SERVICES 333.00 425037 07/07/2022 FASTENAL COMPANY 98.03 425038 07/07/2022 LLONALD E MIXELL 900.00 425039 07/07/2022 ORCHID ISLAND PROPERTY MGMT II INC 1,000.00 425040 07/07/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,075.29 425041 07/07/2022 JOHNNY B SMITH 265.00 425042 07/07/2022 NICOLACE MARKETING INC 3,910.92 425043 07/07/2022 WINSUPPLY OF VERO BEACH 375.72 425044 07/07/2022 HMA-SOLANTIC JOINT VENTURE LLC 60.00 425045 07/07/2022 MOORE MOTORS INC 113.70 425046 07/07/2022 CLEAR VILLAGE INC 32,062.00 425047 07/07/2022 WILD TURKEY ESTATES OF VERO LLC 1,273.95 425048 07/07/2022 CARDINAL HEALTH 110 INC 1,551.84 425049 07/07/2022 MUNICIPAL EMERGENCY SERVICES INC 11,476.49 425050 07/07/2022 KRAUS ASSOCIATES INC 377.58 425051 07/07/2022 STS MAINTAIN SERVICES INC 19,715.10 425052 07/07/2022 COBRA GOLF INCORPORATED 565.30 425053 07/07/2022 UNIFIRST CORPORATION 1,210.34 425054 07/07/2022 WILSON SPORTING GOODS CO 870.71 425055 07/07/2022 CENTRAL FLORIDA EXPRESSWAY 5.88 425056 07/07/2022 FLORIDA EAST COAST HOLDINGS CORP 18,307.45 425057 07/07/2022 CDW LLC 8,174.28 425058 07/07/2022 MATHESON TRI -GAS INC 5,098.60 425059 07/07/2022 ROBERT O RICHARDSON 111 210.00 425060 07/07/2022 COLE AUTO SUPPLY INC 103.93 425061 07/07/2022 RHOADES AIR & HEAT 20,941.16 425062 07/07/2022 SECURITAS ELECTRONIC SECURITY INC 182.00 425063 07/07/2022 DAVE FORD PAINTING INC 11,191.00 425064 07/07/2022 CORE & MAIN LP 27,251.02 425065 07/07/2022 WARREN W CATERSON 200.00 425066 07/07/2022 WOERNER AGRIBUSINESS LLC 116.00 425067 07/07/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 954.00 425068 07/07/2022 REXEL USA INC 101.65 31 PA TRANS NBR DATE VENDOR AMOUNT 425069 07/07/2022 DIRECTV GROUP INC 86.99 425070 07/07/2022 AMAZON CAPITAL SERVICES INC 3,073.05 425071 07/07/2022 CALITEN LLC 44.30 425072 07/07/2022 AMERIGAS PROPANE LP 9,937.69 425073 07/07/2022 METROPOLITAN COMMUNICATION SERVICES INC 333.00 425074 07/07/2022 JOHN J DRISCOLL 125.00 425075 07/07/2022 AUSTIN REYNOLDS 155.00 425076 07/07/2022 JORDAN POWER EQUIPMENT CORP 135.98 425077 07/07/2022 CK CONTRACTORS & DEVELOPMENT LLC 42,729.90 425078 07/07/2022 PC SOLUTIONS & INTEGRATION INC 70.00 425079 07/07/2022 MULLINAX FORD OF VERO BEACH 558.34 425080 07/07/2022 KRONOS SAASHR INC 111.51 425081 07/07/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 425082 07/07/2022 DESK SPINCO INC 140.22 425083 07/07/2022 FERGUSON US HOLDINGS INC 1,621.64 425084 07/07/2022 BLUE GOOSE CONSTRUCTION LLC 1,867.08 425085 07/07/2022 STAPLES INC 252.65 425086 07/07/2022 LOWES COMPANIES INC 2,055.58 425087 07/07/2022 SMI TRADING LLC 471.68 425088 07/07/2022 MILLENNIUM CREMATORY LLC 425.00 425089 07/07/2022 KELE INC 2,783.34 425090 07/07/2022 CHRIS ZAVESKY 150.00 425091 07/07/2022 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 1,000.00 425092 07/07/2022 ROBERT A HUDSON 175.00 425093 07/07/2022 THEODORE SEMI 430.00 425094 07/07/2022 QUADMED INC 2,994.00 425095 07/07/2022 BLUEBEAM INC 1,192.00 425096 07/07/2022 WIPEOUT SERVICES LLC 525.00 425097 07/07/2022 BRITTON INDUSTRIES INC 151.84 425098 07/07/2022 CW ROBERTS CONTRACTING INC 510,649.50 425099 07/07/2022 LAWRENCE F WALLIN 50.00 425100 07/07/2022 HIREQUEST LLC 7,094.21 425101 07/07/2022 PETERBILT STORE SOUTH FLORIDA LLC 360.00 425102 07/07/2022 A TEAM OF THE TREASURE COAST INC 2,283.00 425103 07/07/2022 CER SIGNATURE CLEANING LLC 750.00 425104 07/07/2022 MARUBENI AMERICA CORPORATION 20,163.00 425105 07/07/2022 DOBBS EQUIPMENT LLC 399.65 425106 07/07/2022 SCOTT B MCKINLEY 70.00 425107 07/07/2022 GOMEZ BROTHERS CONTRACT SERVICES 4,568.00 425108 07/07/2022 PB PARENT HOLDCO LP 241.00 425109 07/07/2022 FS.COM INC 579.00 425110 07/07/2022 TPH HOLDINGS LLC 73.86 425111 07/07/2022 ALEX RICHARDSON 125.00 425112 07/07/2022 OSCEOLA PHARMACY 125.00 425113 07/07/2022 RONALD MARASCO SR 260.00 425114 07/07/2022 WOMENS REFUGE OF VERO BEACH INC 750.00 425115 07/07/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 425116 07/07/2022 DAVID SILON 99.00 425117 07/07/2022 EMERGENCY VEHICLE TECHNICIAN 60.00 425118 07/07/2022 EMERGENCY VEHICLE TECHNICIAN 60.00 425119 07/07/2022 LINDA CAGGIANO 238.01 425120 07/07/2022 KENNETH LONGACRE 75.00 Grand Total: 2,447,171.03 32 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902000 07/01/2022 GRACES LANDING LTD 661.00 902001 07/01/2022 CREATIVE CHOICE HOMES XVI LTD 1,999.00 902002 07/01/2022 TREASURE COAST HOMELESS SERVICES 774.00 902003 07/01/2022 IRC HOUSING AUTHORITY 30.00 902004 07/01/2022 LAZY J LLC 309.00 902005 07/01/2022 COALITION FOR ATTAINABLE HOMES INC 461.00 902006 07/01/2022 SUNQUESTAPRTMENTS LLC 1,064.02 902007 07/01/2022 ORCHARD GROVE VENTURE LLC 5,685.00 902008 07/01/2022 SREIT LEXINGTON CLUB LLC 3,879.00 902009 07/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 11,444.00 902010 07/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 2,044.00 902011 07/01/2022 GRACES LANDING LTD 14,044.00 902012 07/01/2022 BETTY DAVIS SCROGGS 769.00 902013 07/01/2022 CREATIVE CHOICE HOMES XVI LTD 12,487.00 902014 07/01/2022 DAVID YORK 577.00 902015 07/01/2022 ST FRANCIS MANOR OF VERO BEACH 1,550.00 902016 07/01/2022 TREASURE COAST HOMELESS SERVICES 1,879.00 902017 07/01/2022 FLORIDA POWER AND LIGHT 5.00 902018 07/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,648.00 902019 07/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,183.00 902020 07/01/2022 THE PALMS AT VERO BEACH 17,787.00 902021 07/01/2022 DAVID CONDON 870.00 902022 07/01/2022 HILARY MCIVOR 573.00 902023 07/01/2022 PELICAN ISLES LP 11,043.00 902024 07/01/2022 SUNCOAST REALTY & RENTAL MGMT LLC 840.00 902025 07/01/2022 OAK RIVER PROPERTIES INC 261.00 902026 07/01/2022 ADINA GOLDMAN 746.00 902027 07/01/2022 INDIAN RIVER RDA LP 2,774.00 902028 07/01/2022 LAZY J LLC 1,541.00 902029 07/01/2022 JESSE LEWIS 143.00 902030 07/01/2022 SAID S MOOBARK 2,148.00 902031 07/01/2022 OSCEOLA COUNTY SECTION 8 994.54 902032 07/01/2022 YVONNE KOUTSOFIOS 60.00 902033 07/01/2022 BRIAN E GALLAGHER 633.00 902034 07/01/2022 JOHN T STANLEY 1,165.00 902035 07/01/2022 WEDGEWOOD RENTALS LLC 1,484.00 902036 07/01/2022 COALITION FOR ATTAINABLE HOMES INC 1,123.00 902037 07/01/2022 MCLAUGHLIN PROPERTIES LLC 1,302.00 902038 07/01/2022 MYRIAM MELENDEZ 659.00 902039 07/01/2022 WATSON REALTY GROUP 2,911.00 902040 07/01/2022 SHER LLC 732.00 902041 07/01/2022 SUNQUEST APRTMENTS LLC 2,876.00 902042 07/01/2022 ORCHARD GROVE VENTURE LLC 17,471.00 902043 07/01/2022 SONRISE APARTMENT PROPERTIES LLC 3,827.00 902044 07/01/2022 SREIT LEXINGTON CLUB LLC 35,776.00 902045 07/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 11,503.00 902046 07/01/2022 B4 TC PROPERTIES LLC 1,146.00 902047 07/01/2022 STREIT RIVER PARK PLACE LLC 21,450.00 902048 07/01/2022 EZAS INVESTMENTS LLC 701.00 902049 07/01/2022 MARILEE MINTZER 598.00 902050 07/01/2022 DANIEL I PREUSS 677.00 902051 07/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 28,034.00 902052 07/01/2022 IGC ENTERPRISES INCORPORATED 4,936.00 Grand Total: 246,276.56 33 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019730 07/01/2022 AT&T CORP 6.35 1019731 07/01/2022 AT&T CORP 198.00 1019732 07/01/2022 AT&T CORP 2,217.50 1019733 07/01/2022 OFFICE DEPOT INC 1,290.40 1019734 07/01/2022 COMCAST 585.38 1019735 07/01/2022 WASTE MANAGEMENT INC OF FLORIDA 626.55 1019736 07/07/2022 INDIAN RIVER OXYGEN INC 69.76 1019737 07/07/2022 MIKES GARAGE & WRECKER SERVICE INC 415.00 1019738 07/07/2022 GALLS LLC 230.80 1019739 07/07/2022 MEEKS PLUMBING INC 1,543.50 1019740 07/07/2022 GROVE WELDERS INC 532.62 1019741 07/07/2022 SOUTHERN COMPUTER WAREHOUSE INC 444.21 1019742 07/07/2022 DLT SOLUTIONS LLC 199.19 1019743 07/07/2022 TOTAL TRUCK PARTS INC 1,156.64 1019744 07/07/2022 GREEN EQUIPMENT COMPANY 27.00 1019745 07/07/2022 SIMS CRANE & EQUIPMENT CO 618.80 1019746 07/07/2022 PROTRANSMASTERS II INC 4,794.84 1019747 07/07/2022 AUTO PARTNERS LLC 146.47 1019748 07/07/2022 GUARDIAN ALARM OF FLORIDA LLC 1,407.54 1019749 07/07/2022 EFE INC 7,097.85 Grand Total: 23,608.40 34 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9679 07/01/2022 ST LUCIE BATTERY & TIRE CO 1,125.50 9680 07/01/2022 CLERK OF CIRCUIT COURT 102,839.75 9681 07/01/2022 INDIAN RIVER COUNTY PROPERTY APPRAISER 988,871.25 9682 07/01/2022 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9683 07/01/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9684 07/01/2022 VETERANS COUNCIL OF I R C 6,093.09 9685 07/01/2022 SENIOR RESOURCE ASSOCIATION 579,505.13 9686 07/01/2022 IRS -PAYROLL TAXES 2,794.14 9687 07/05/2022 HALLEY ENGINEERING CONTRACTORS INC 772,167.87 9688 07/05/2022 TD BANK 4,201.16 9689 07/07/2022 KIMLEY HORN & ASSOC INC 33,143.77 9690 07/07/2022 AMERICAN FAMILY LIFE ASSURANCE CO 18,144.44 9691 07/07/2022 CITY OF SEBASTIAN 34,919.13 9692 07/07/2022 FL RETIREMENT SYSTEM 859,588.27 9693 07/07/2022 TOWN OF INDIAN RIVER SHORES 8,102.71 9694 07/07/2022 ATLANTIC COASTAL LAND TITLE CO LLC 558,775.75 9695 07/07/2022 APTIM CORP 48,899.25 Grand Total: 8,979,558.25 35 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`e Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 14, 2022 & coMpT Rol U , 1 Ir r70 a _ 9 C`2 rR SFR C O U NSK �� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 8, 2022 to July 14, 2022 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 8, 2022 to July 14, 2022. 36 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 425121 07/08/2022 MARRIOTT FT LAUDERDALE NORTH 1,014.00 425122 07/08/2022 AMERITAS 33,504.60 425123 07/08/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 425124 07/08/2022 NORTH DAKOTA CHILD SUPPORT 228.47 425125 07/14/2022 UTIL REFUNDS 44.01 425126 07/14/2022 UTIL REFUNDS 44.66 425127 07/14/2022 UTIL REFUNDS 35.48 425128 07/14/2022 UTIL REFUNDS 37.32 425129 07/14/2022 UTIL REFUNDS 38.67 425130 07/14/2022 UTIL REFUNDS 30.90 425131 07/14/2022 UTIL REFUNDS 49.43 425132 07/14/2022 UTIL REFUNDS 324.14 425133 07/14/2022 UTIL REFUNDS 225.43 425134 07/14/2022 UTIL REFUNDS 65.92 425135 07/14/2022 UTIL REFUNDS 31.35 425136 07/14/2022 UTIL REFUNDS 123.14 425137 07/14/2022 UTIL REFUNDS 39.31 425138 07/14/2022 UTIL REFUNDS 34.19 425139 07/14/2022 UTIL REFUNDS 90.38 425140 07/14/2022 UTIL REFUNDS 113.16 425141 07/14/2022 UTIL REFUNDS 157.96 425142 07/14/2022 UTIL REFUNDS 116.29 425143 07/14/2022 UTIL REFUNDS 25.88 425144 07/14/2022 UTIL REFUNDS 82.89 425145 07/14/2022 UTIL REFUNDS 42.55 425146 07/14/2022 UTIL REFUNDS 67.07 425147 07/14/2022 UTIL REFUNDS 12.55 425148 07/14/2022 UTIL REFUNDS 17.42 425149 07/14/2022 UTIL REFUNDS 21.61 425150 07/14/2022 UTIL REFUNDS 76.90 425151 07/14/2022 UTIL REFUNDS 45.21 425152 07/14/2022 UTIL REFUNDS 58.05 425153 07/14/2022 UTIL REFUNDS 402.40 425154 07/14/2022 UTIL REFUNDS 68.20 425155 07/14/2022 UTIL REFUNDS 44.41 425156 07/14/2022 UTIL REFUNDS 37.40 425157 07/14/2022 UTIL REFUNDS 46.62 425158 07/14/2022 UTIL REFUNDS 16.97 425159 07/14/2022 UTIL REFUNDS 87.40 425160 07/14/2022 UTIL REFUNDS 37.59 425161 07/14/2022 UTIL REFUNDS 69.55 425162 07/14/2022 UTIL REFUNDS 38.67 425163 07/14/2022 UTIL REFUNDS 3.69 425164 07/14/2022 UTIL REFUNDS 48.84 425165 07/14/2022 UTIL REFUNDS 16.72 425166 07/14/2022 UTIL REFUNDS 81.10 425167 07/14/2022 UTIL REFUNDS 32.93 425168 07/14/2022 UTIL REFUNDS 80.73 425169 07/14/2022 UTIL REFUNDS 12.98 425170 07/14/2022 UTIL REFUNDS 71.72 425171 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 425172 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 405.00 425173 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 225.00 425174 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 305.00 425175 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 425176 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 425177 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 425178 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 325.00 37 TRANS NBR DATE VENDOR AMOUNT 425179 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425180 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425181 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425182 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425183 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425184 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425185 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425186 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425187 07/14/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425188 07/14/2022 BRE-CLEARWATER OWNER LLC 236.00 425189 07/14/2022 BRE-CLEARWATER OWNER LLC 236.00 425190 07/14/2022 BRE-CLEARWATER OWNER LLC 236.00 425191 07/14/2022 UNIVERSITY OF FLORIDA 250.00 425192 07/14/2022 RENAISSANCE ORLANDO RESORT 135.00 425193 07/14/2022 HAMPTON INN 125.00 425194 07/14/2022 CARIBE ROYALE HOTEL 447.00 425195 07/14/2022 CARIBE ROYALE HOTEL 447.00 425196 07/14/2022 CARIBE ROYALE HOTEL 596.00 425197 07/14/2022 CARIBE ROYALE HOTEL 596.00 425198 07/14/2022 CARIBE ROYALE HOTEL 596.00 425199 07/14/2022 FLORIDA RURAL WATER ASSOCIATION 1,008.00 425200 07/14/2022 MICHAEL ZITO 77.90 425201 07/14/2022 DANIEL BISHOP 517.54 425202 07/14/2022 MAINSAIL FORT MYERS LLLP 387.00 425203 07/14/2022 NATIONAL ACADEMY OF SCIENCES 550.00 425204 07/14/2022 RIVERSIDE HOSPITALITY LLC 441.00 425205 07/14/2022 EDLUND DRITENBAS BINKLEYARCHITECTS 7,436.25 425206 07/14/2022 CLERK OF CIRCUIT COURT 3,186.64 425207 07/14/2022 CLERK OF CIRCUIT COURT 107.35 425208 07/14/2022 FLORIDA FISH & WILDLIFE 3,804.05 425209 07/14/2022 TREASURE COAST HOMELESS SERVICES 23,655.29 425210 07/14/2022 FLORIDA WATER & POLLUTION CONTROL 60.00 425211 07/14/2022 GEOSYNTEC CONSULTANTS INC 4,069.03 425212 07/14/2022 FEDERAL EXPRESS CORP 347.55 425213 07/14/2022 FLORIDA POWER AND LIGHT 2,213.08 425214 07/14/2022 FLORIDA POWER AND LIGHT 966.84 425215 07/14/2022 FLORIDA POWER AND LIGHT 6,575.10 425216 07/14/2022 STATE ATTORNEY 11,447.68 425217 07/14/2022 WASTE MANAGEMENT INC 198,177.05 425218 07/14/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 425219 07/14/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 425220 07/14/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 425221 07/14/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 425222 07/14/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 425223 07/14/2022 US DEPT OF THE TREASURY -FMS 7,836.36 425224 07/14/2022 CELICO PARTNERSHIP 9,974.53 425225 07/14/2022 MBV ENGINEERING INC 20,062.50 425226 07/14/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,039.54 425227 07/14/2022 FISHER & PHILLIPS LLP 855.50 425228 07/14/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,250.00 425229 07/14/2022 FOSTINE J THOMAS 400.00 425230 07/14/2022 GEORGE A GLENN 30.80 425231 07/14/2022 SOUTHERN MANAGEMENT LLC 8,854.25 425232 07/14/2022 FIRST INTERNATIONAL TITLE 89.17 425233 07/14/2022 WILLIAM DAHLQUIST 48.47 425234 07/14/2022 CENTERLINE UTILITIES INC 537,365.18 425235 07/14/2022 KOOL STUFF LLC 150.00 425236 07/14/2022 LOWES COMPANIES INC 187.51 425237 07/14/2022 SITECRAFTERS OF FLORIDA INC 76,752.01 425238 07/14/2022 STEPHANIE LEIGH TRUMBLE 603.00 TRANS NBR DATE VENDOR AMOUNT 425239 07/14/2022 PREMIER TITLE PARTNERS OF FLORIDA LLC 80.71 425240 07/14/2022 COMMANDLINK LLC 3,492.39 425241 07/14/2022 ACP FACILITY SERVICES 11,736.91 425242 07/14/2022 MIRZA KERO 100.00 425243 07/14/2022 BEVERLY SCHUCH 50.00 425244 07/14/2022 D DEL GROSSO 2,661.10 425245 07/14/2022 TRACY RUBY 100.00 425246 07/14/2022 ERIC CHESHIRE 65.08 425247 07/14/2022 1,3HARRIS TECHNOLOGIES INC 1,160.44 425248 07/14/2022 YVENATOUSSINT 573.87 425249 07/14/2022 IR TENNIS GROUP LP 75.00 425250 07/14/2022 UTIL REFUNDS 89.54 425251 07/14/2022 UTIL REFUNDS 27.66 425252 07/14/2022 UTIL REFUNDS 24.62 425253 07/14/2022 UTIL REFUNDS 48.92 425254 07/14/2022 UTIL REFUNDS 51.43 425255 07/14/2022 UTIL REFUNDS 15.99 425256 07/14/2022 UTIL REFUNDS 40.20 425257 07/14/2022 UTIL REFUNDS 82.50 425258 07/14/2022 UTIL REFUNDS 29.02 425259 07/14/2022 UTIL REFUNDS 29.09 425260 07/14/2022 UTIL REFUNDS 84.96 425261 07/14/2022 UTIL REFUNDS 48.43 425262 07/14/2022 UTIL REFUNDS 89.64 425263 07/14/2022 UTIL REFUNDS 23.33 425264 07/14/2022 UTIL REFUNDS 156.92 425265 07/14/2022 UTIL REFUNDS 61.42 425266 07/14/2022 UTIL REFUNDS 54.16 425267 07/14/2022 UTIL REFUNDS 52.22 425268 07/14/2022 UTIL REFUNDS 63.47 425269 07/14/2022 UTIL REFUNDS 81.47 425270 07/14/2022 UTIL REFUNDS 44.25 425271 07/14/2022 UTIL REFUNDS 46.64 425272 07/14/2022 UTIL REFUNDS 7.15 425273 07/14/2022 UTIL REFUNDS 36.08 425274 07/14/2022 UTIL REFUNDS 4.81 425275 07/14/2022 UTIL REFUNDS 44.86 425276 07/14/2022 UTIL REFUNDS 76.10 425277 07/14/2022 UTIL REFUNDS 31.92 425278 07/14/2022 UTIL REFUNDS 212.16 425279 07/14/2022 UTIL REFUNDS 8.74 425280 07/14/2022 UTIL REFUNDS 92.94 425281 07/14/2022 UTIL REFUNDS 41.24 425282 07/14/2022 UTIL REFUNDS 42.01 425283 07/14/2022 UTIL REFUNDS 94.28 425284 07/14/2022 UTIL REFUNDS 89.67 425285 07/14/2022 UTIL REFUNDS 46.94 425286 07/14/2022 UTIL REFUNDS 21.70 425287 07/14/2022 UTIL REFUNDS 89.86 425288 07/14/2022 UTIL REFUNDS 42.77 425289 07/14/2022 UTIL REFUNDS 35.26 425290 07/14/2022 UTIL REFUNDS 68.50 425291 07/14/2022 UTIL REFUNDS 86.50 425292 07/14/2022 UTIL REFUNDS 55.70 425293 07/14/2022 UTIL REFUNDS 25.16 425294 07/14/2022 UTIL REFUNDS 85.61 425295 07/14/2022 UTIL REFUNDS 64.89 425296 07/14/2022 UTIL REFUNDS 19.20 425297 07/14/2022 PORT CONSOLIDATED INC 7,561.35 425298 07/14/2022 TEN -8 FIRE EQUIPMENT INC 278.15 39 TRANS NBR DATE VENDOR AMOUNT 425299 07/14/2022 RANGER CONSTRUCTION IND INC 783.46 425300 07/14/2022 VERO CHEMICAL DISTRIBUTORS INC 3,276.60 425301 07/14/2022 RICOH USA INC 162.44 425302 07/14/2022 CHISHOLM CORP OF VERO 1,477.68 425303 07/14/2022 HENRY SCHEIN INC 2,292.39 425304 07/14/2022 DATA FLOW SYSTEMS INC 2,631.00 425305 07/14/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 42.00 425306 07/14/2022 INDIAN RIVER BATTERY 466.00 425307 07/14/2022 GRAINGER 753.15 425308 07/14/2022 MCMASTER CARR SUPPLY CO 80.16 425309 07/14/2022 WILD LAND ENTERPRISES INC 44.40 425310 07/14/2022 HACH CO 1,625.53 425311 07/14/2022 LFI FORT PIERCE INC 2,447.18 425312 07/14/2022 CLIFF BERRY INC 75.95 425313 07/14/2022 MASTELLER MOLER & TAYLOR INC 250.00 425314 07/14/2022 BOUND TREE MEDICAL LLC 3,067.49 425315 07/14/2022 EXPRESS REEL GRINDING INC 1,271.00 425316 07/14/2022 TIRESOLES OF BROWARD INC 3,698.95 425317 07/14/2022 CARTER ASSOCIATES INC 3,114.00 425318 07/14/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,000.00 425319 07/14/2022 BLAKESLEE SERVICES INC 73.00 425320 07/14/2022 MIDWEST TAPE LLC 6,381.71 425321 07/14/2022 ODYSSEY MANUFACTURING CO 5,062.37 425322 07/14/2022 HUDSON PUMP & EQUIPMENT 50,847.00 425323 07/14/2022 ATKINS NORTH AMERICA INC 1,687.44 425324 07/14/2022 CENGAGE LEARNING INC 353.08 425325 07/14/2022 GO COASTAL INC 94.35 425326 07/14/2022 CITY OF VERO BEACH 891.53 425327 07/14/2022 JANITORIAL DEPOT OF AMERICA INC 1,944.16 425328 07/14/2022 ACUSHNET COMPANY 4,012.18 425329 07/14/2022 WEST PUBLISHING CORPORATION 196.43 425330 07/14/2022 FLORIDA POWER AND LIGHT 12,943.53 425331 07/14/2022 FLORIDA POWER AND LIGHT 2,039.64 425332 07/14/2022 TAYLOR MADE GOLF CO INC 211.56 425333 07/14/2022 CITY OF FELLSMERE 237.70 425334 07/14/2022 PEACE RIVER ELECTRIC COOP INC 229.29 425335 07/14/2022 GLOBAL GOLF SALES INC 791.24 425336 07/14/2022 BE SAFE SECURITY ALARMS INC 147.50 425337 07/14/2022 JOHN BROWN & SONS INC 10,675.00 425338 07/14/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 41.58 425339 07/14/2022 NORTHERN TOOL & EQUIPMENT CO 1,599.99 425340 07/14/2022 BRIDGESTONE AMERICAS INC 1,944.17 425341 07/14/2022 MIDWEST MOTOR SUPPLY CO 355.18 425342 07/14/2022 RECHTIEN INTERNATIONAL TRUCKS 930.73 425343 07/14/2022 ST LUCIE COUNTY BOCC 3,096.30 425344 07/14/2022 MICHAEL QUIGLEY 580.00 425345 07/14/2022 HULETT ENVIRONMENTAL SERVICES 111.00 425346 07/14/2022 CINTAS CORPORATION NO 2 127.31 425347 07/14/2022 CONTROL SYSTEMS DESIGN INC 270.00 425348 07/14/2022 THE SHERWIN WILLIAMS CO 48.83 425349 07/14/2022 SOUTHERN JANITOR SUPPLY INC 3,192.17 425350 07/14/2022 JOHNS EASTERN COMPANY INC 57,963.75 425351 07/14/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 425352 07/14/2022 ETR LLC 213.21 425353 07/14/2022 GLOVER OIL COMPANY INC 69,385.47 425354 07/14/2022 GERELCOM INC 1,553.45 425355 07/14/2022 CARL ERIC JOHNSON INC 5,053.49 425356 07/14/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 502.55 425357 07/14/2022 JOHNNY B SMITH 425.00 425358 07/14/2022 PETER J CASSARA 3,050.00 .m 4 TRANS NBR DATE VENDOR AMOUNT 425359 07/14/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 425360 07/14/2022 AFFORDABLE WATER & COFFEE SVC 64.50 425361 07/14/2022 KWACKS INC 2,548.00 425362 07/14/2022 NICOLACE MARKETING INC 1,495.00 425363 07/14/2022 SNYDER PLUMBING OF THE TREASURE COAST INC 5,598.00 425364 07/14/2022 BRENNTAG MID-SOUTH INC 6,803.24 425365 07/14/2022 ATLANTIC COASTAL LAND TITLE CO LLC 190.00 425366 07/14/2022 OVERDRIVE INC 3,444.66 425367 07/14/2022 XYLEM WATER SOLUTION USA INC 3,767.40 425368 07/14/2022 PROMATIC INC 733.00 425369 07/14/2022 GFA INTERNATIONAL INC 21,328.75 425370 07/14/2022 THOMAS C QUINA 600.00 425371 07/14/2022 CARDINAL HEALTH 110 INC 221.03 425372 07/14/2022 MUNICIPAL EMERGENCY SERVICES INC 132.95 425373 07/14/2022 KYLE ANDERSON 700.00 425374 07/14/2022 BURNETT LIME CO INC 23,244.66 425375 07/14/2022 CHEMTRADE CHEMICALS CORPORTATION 3,275.59 425376 07/14/2022 KESSLER CONSULTING INC 23,697.50 425377 07/14/2022 STS MAINTAIN SERVICES INC 16,177.05 425378 07/14/2022 MICHAEL EDWARD HAMILTON 300.00 425379 07/14/2022 SYLIVIA MILLER 1,758.00 425380 07/14/2022 THE TRANSIT GROUP INC 6,671.80 425381 07/14/2022 CATHEDRAL CORPORATION 1,311.05 425382 07/14/2022 UNIFIRST CORPORATION 624.62 425383 07/14/2022 CDA SOLUTIONS INC 603.92 425384 07/14/2022 GOTTA GO GREEN ENTERPISES INC 421.03 425385 07/14/2022 WURTH USA INC 278.24 425386 07/14/2022 CDW LLC 120.21 425387 07/14/2022 MATHESON TRI-GAS INC 3,961.49 425388 07/14/2022 ROBERT O RICHARDSON III 210.00 425389 07/14/2022 SCORECARDS UNLIMITED LLC 3,618.14 425390 07/14/2022 COLE AUTO SUPPLY INC 5,126.05 425391 07/14/2022 RHOADES AIR & HEAT 250.00 425392 07/14/2022 M N WORLDWIDE INC 154.39 425393 07/14/2022 BETH NOLAN 234.00 425394 07/14/2022 DAY DREAMS UNIFORMS INC 2,338.55 425395 07/14/2022 CALVIN GIORDANO & ASSOCIATES INC 23,863.75 425396 07/14/2022 AUTOMATED DIRECT MAIL SERVICE CENTER INC 10,689.92 425397 07/14/2022 CORE & MAIN LP 26,322.33 425398 07/14/2022 JOE PAYNE INC 11,836.24 425399 07/14/2022 BROWNELLS INC 8,004.08 425400 07/14/2022 TAYLOR ANNE HATTON 10.00 425401 07/14/2022 AMAZON CAPITAL SERVICES INC 3,902.45 425402 07/14/2022 TREASURE COAST PLUMBING LLC 10,325.40 425403 07/14/2022 JOHN J DRISCOLL 200.00 425404 07/14/2022 AUSTIN REYNOLDS 195.00 425405 07/14/2022 JORDAN POWER EQUIPMENT CORP 51.50 425406 07/14/2022 CK CONTRACTORS & DEVELOPMENT LLC 40,275.92 425407 07/14/2022 LIBERTY TIRE RECYCLING LLC 4,117.80 425408 07/14/2022 DERECK R PRINCE 40.00 425409 07/14/2022 JUDITH A BURLEY 602.00 425410 07/14/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 520.44 425411 07/14/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 269.54 425412 07/14/2022 MT CAUSLEY LLC 31,152.00 425413 07/14/2022 FERGUSON US HOLDINGS INC 2,038.80 425414 07/14/2022 BLUE GOOSE CONSTRUCTION LLC 138,064.51 425415 07/14/2022 STAPLES INC 852.61 425416 07/14/2022 LOWES COMPANIES INC 1,266.90 425417 07/14/2022 SMI TRADING LLC 115.80 425418 07/14/2022 CHRIS ZAVESKY 25.00 41 TRANS NBR DATE VENDOR AMOUNT 425419 07/14/2022 PLAYCORE WISCONSIN INC 3,342.89 425420 07/14/2022 ROBERT A HUDSON 375.00 425421 07/14/2022 REBECCA SIPLAK 16.00 425422 07/14/2022 THEODORE SEMI 305.00 425423 07/14/2022 ATLAS COPCO USA HOLDING INC 2,580.39 425424 07/14/2022 BRITTON INDUSTRIES INC 148.83 425425 07/14/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 4,454.00 425426 07/14/2022 LAWRENCE F WALLIN 170.00 425427 07/14/2022 ELECTRONIC SECURITY & TECHNOLOGY INC 119.94 425428 07/14/2022 HIREQUEST LLC 3,452.88 425429 07/14/2022 ENVIRONMENTAL EQUIPMENT SERVICES LLC 382,410.00 425430 07/14/2022 AMERICAN BACKFLOW PRODUCTS COMPANY 305.68 425431 07/14/2022 SCOTT B MCKINLEY 70.00 425432 07/14/2022 GRANICUS LLC 15,750.00 425433 07/14/2022 GOMEZ BROTHERS CONTRACT SERVICES 180.00 425434 07/14/2022 SHRIEVE CHEMICAL CO LLC 21,646.16 425435 07/14/2022 BTAC HOLDING CORP 5,534.79 425436 07/14/2022 TK ELEVATOR CORPORATION 594.00 425437 07/14/2022 RONALD MARASCO SR 125.00 425438 07/14/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 425439 07/14/2022 JEFFERY HOGUES 4,100.00 425440 07/14/2022 KERNER LLC 8,250.00 425441 07/14/2022 LISA ARLENE COBURN 30.00 425442 07/14/2022 TAYLOR NELSON AUXIER 330.00 425443 07/14/2022 PROTEGIS HOLDINGS LLC 422.50 425444 07/14/2022 FLORIDA METRO CONSTRUCTION CO INC 2,651.25 425445 07/14/2022 PREMIER NURSERIES LLC 3,641.36 425446 07/14/2022 MICHAELAMANTE 700.00 Grand Total: 2,220,639.91 42 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019750 07/08/2022 OFFICE DEPOT INC 371.82 1019751 07/08/2022 COMCAST 198.45 1019752 07/08/2022 WASTE MANAGEMENT INC OF FLORIDA 1,765.65 1019753 07/13/2022 MIKES GARAGE & WRECKER SERVICE INC 453.20 1019754 07/13/2022 STAT MEDICAL DISPOSAL INC 200.00 1019755 07/14/2022 INDIAN RIVER OXYGEN INC 2,016.55 1019756 07/14/2022 DEMCOINC 63.60 1019757 07/14/2022 GALLS LLC 261.90 1019758 07/14/2022 MEEKS PLUMBING INC 2,596.23 1019759 07/14/2022 IRRIGATION CONSULTANTS UNLIMITED INC 7,764.50 1019760 07/14/2022 GROVE WELDERS INC 21.76 1019761 07/14/2022 COMPLETE RESTAURANT EQUIPMENT LLC 1,246.58 1019762 07/14/2022 L&L DISTRIBUTORS 320.88 1019763 07/14/2022 STAT MEDICAL DISPOSAL INC 205.00 1019764 07/14/2022 HYDRA SERVICE (S) INC 2,425.64 1019765 07/14/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1019766 07/14/2022 GUARDIAN ALARM OF FLORIDA LLC 471.25 1019767 07/14/2022 NEXAIR LLC 53.08 1019768 07/14/2022 EFE INC 200.75 1019769 07/14/2022 FIRST HOSPITAL LABORATORIES INC 248.00 Grand Total: 20,984.84 43 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9696 07/08/2022 CLERK OF CIRCUIT COURT 5,174.98 9697 07/08/2022 IRC FIRE FIGHTERS ASSOC 10,230.60 9698 07/08/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 42,167.15 9699 07/08/2022 FLORIDA DEPARTMENT OF REVENUE 4,977.66 9700 07/08/2022 FLORIDA DEPARTMENT OF REVENUE 1,258.93 9701 07/08/2022 FLORIDA DEPARTMENT OF REVENUE 14,338.95 9702 07/08/2022 FLORIDA DEPARTMENT OF REVENUE 2,017.61 9703 07/08/2022 PUBLIC DEFENDER 3,819.82 9704 07/08/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 114,678.59 9705 07/08/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,594.32 9706 07/08/2022 EDH HOLDINGS LLC 74,605.01 9707 07/08/2022 FL SDU 3,591.16 9708 07/11/2022 KIMLEY HORN & ASSOC INC 3,480.00 9709 07/11/2022 INDIAN RIVER COUNTY SHERIFF 41,743.47 9710 07/11/2022 FLORIDA POWER AND LIGHT 173,790.00 9711 07/11/2022 IRS -PAYROLL TAXES 508,560.29 9712 07/11/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 6,500.00 9713 07/11/2022 HIGHMARK STOP LOSS 106,878.24 9714 07/11/2022 RX BENEFITS INC 220,668.71 9715 07/11/2022 RX BENEFITS INC 257,051.07 9716 07/11/2022 RX BENEFITS INC 2,619.10 9717 07/11/2022 ALLSTATE 125.10 9718 07/11/2022 MUTUAL OF OMAHA 8,513.32 9719 07/13/2022 SCHOOL DISTRICT OF I R COUNTY 190,870.00 9720 07/13/2022 SCHOOL DISTRICT OF I R COUNTY 4,037.40 9721 07/13/2022 WRIGHT EXPRESS FSC 47,755.84 9722 07/14/2022 IRS -PAYROLL TAXES 10,485.55 Grand Total: 1,864,532.87 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, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 21, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 15, 2022 to July 21, 2022 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 15, 2022 to July 22, 2022. 45 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 425447 07/21/2022 FLORIDA RECREATION & PARK ASSOC INC 300.00 425448 07/21/2022 HOLIDAY INN 240.00 425449 07/21/2022 UNIVERSITY OF CENTRAL FLORIDA 995.00 425450 07/21/2022 JOSEPH EARMAN 186.12 425451 07/21/2022 SCOTT MCADAM 129.00 425452 07/21/2022 KRISTIN DANIELS 81.34 425453 07/21/2022 SUSAN ADAMS 950.81 425454 07/21/2022 SHELBY BALL 62.12 425455 07/21/2022 JOHN BIRHANZL 237.87 425456 07/21/2022 SUE FLAK 66.00 425457 07/21/2022 MELISSAARNDT 90.00 425458 07/21/2022 ALEXANDRIA NICHOLAS 262.65 425459 07/21/2022 ALAN HILL 237.87 425460 07/21/2022 SEAN LIESKE 2,019.28 425461 07/21/2022 MAINSAIL FORT MYERS LLLP 387.00 425462 07/21/2022 WILLIAM CHEER 197.88 425463 07/21/2022 JILL BROWN 66.00 425464 07/21/2022 UTIL REFUNDS 41.40 425465 07/21/2022 UTIL REFUNDS 79.30 425466 07/21/2022 UTIL REFUNDS 68.63 425467 07/21/2022 UTIL REFUNDS 18.79 425468 07/21/2022 UTIL REFUNDS 36.67 425469 07/21/2022 UTIL REFUNDS 69.11 425470 07/21/2022 UTIL REFUNDS 83.80 425471 07/21/2022 UTIL REFUNDS 2.09 425472 07/21/2022 UTIL REFUNDS 37.06 425473 07/21/2022 UTIL REFUNDS 166.36 425474 07/21/2022 UTIL REFUNDS 91.00 425475 07/21/2022 UTIL REFUNDS 13.18 425476 07/21/2022 UTIL REFUNDS 89.44 425477 07/21/2022 UTIL REFUNDS 21.51 425478 07/21/2022 UTIL REFUNDS 32.34 425479 07/21/2022 UTIL REFUNDS 95.83 425480 07/21/2022 UTIL REFUNDS 31.54 425481 07/21/2022 UTIL REFUNDS 35.93 425482 07/21/2022 UTIL REFUNDS 2.24 425483 07/21/2022 UTIL REFUNDS 46.85 425484 07/21/2022 UTIL REFUNDS 85.04 425485 07/21/2022 UTIL REFUNDS 28.05 425486 07/21/2022 UTIL REFUNDS 41.17 425487 07/21/2022 UTIL REFUNDS 2.52 425488 07/21/2022 UTIL REFUNDS 475.99 425489 07/21/2022 UTIL REFUNDS 200.13 425490 07/21/2022 UTIL REFUNDS 41.85 425491 07/21/2022 UTIL REFUNDS 56.14 425492 07/21/2022 UTIL REFUNDS 30.50 425493 07/21/2022 UTIL REFUNDS 29.84 425494 07/21/2022 UTIL REFUNDS 78.33 425495 07/21/2022 UTIL REFUNDS 183.73 425496 07/21/2022 UTIL REFUNDS 61.47 425497 07/21/2022 UTIL REFUNDS 78.59 425498 07/21/2022 UTIL REFUNDS 171.54 425499 07/21/2022 UTIL REFUNDS 26.04 425500 07/21/2022 UTIL REFUNDS 79.41 425501 07/21/2022 UTIL REFUNDS 72.98 425502 07/21/2022 UTIL REFUNDS 18.21 425503 07/21/2022 UTIL REFUNDS 87.72 425504 07/21/2022 UTIL REFUNDS 75.83 46 TRANS NBR DATE VENDOR AMOUNT 425505 07/21/2022 UTIL REFUNDS 13.46 425506 07/21/2022 UTIL REFUNDS 119.19 425507 07/21/2022 UTIL REFUNDS 28.77 425508 07/21/2022 UTIL REFUNDS 22.34 425509 07/21/2022 UTIL REFUNDS 69.40 425510 07/21/2022 AT&T WIRELESS 91.16 425511 07/21/2022 AT&T WIRELESS 302.78 425512 07/21/2022 AT&T WIRELESS 393.74 425513 07/21/2022 AT&T WIRELESS 949.27 425514 07/21/2022 AT&T WIRELESS 967.79 425515 07/21/2022 REPUBLIC SERVICES INC 261,510.02 425516 07/21/2022 HACH CO 437.50 425517 07/21/2022 PARAGON ELECTRIC OF VERO INC 49,509.82 425518 07/21/2022 AT&T CORP 1,255.73 425519 07/21/2022 INDIAN RIVER COUNTY UTILITIES 691.63 425520 07/21/2022 INTERNATIONAL GOLF MAINTENANCE INC 990.00 425521 07/21/2022 CELICO PARTNERSHIP 4,307.17 425522 07/21/2022 MBV ENGINEERING INC 15,047.00 425523 07/21/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 59.88 425524 07/21/2022 ATLANTIC ROOFING II OF VERO BEACH INC 16,502.95 425525 07/21/2022 SOUTHERN MANAGEMENT LLC 89,450.00 425526 07/21/2022 CATHEDRAL CORPORATION 17,700.00 425527 07/21/2022 LOWES COMPANIES INC 86.68 425528 07/21/2022 SMI TRADING LLC 75.80 425529 07/21/2022 J-MAC CLEANING SERVICES INC 4,833.33 425530 07/21/2022 OHL USA 235,779.59 425531 07/21/2022 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 425532 07/21/2022 UTIL REFUNDS 47.99 425533 07/21/2022 UTIL REFUNDS 33.63 425534 07/21/2022 UTIL REFUNDS 42.00 425535 07/21/2022 UTIL REFUNDS 100.00 425536 07/21/2022 UTIL REFUNDS 49.66 425537 07/21/2022 UTIL REFUNDS 15.59 425538 07/21/2022 UTIL REFUNDS 340.82 425539 07/21/2022 UTIL REFUNDS 52.38 425540 07/21/2022 UTIL REFUNDS 115.97 425541 07/21/2022 UTIL REFUNDS 62.87 425542 07/21/2022 UTIL REFUNDS 87.40 425543 07/21/2022 UTIL REFUNDS 30.90 425544 07/21/2022 UTIL REFUNDS 46.30 425545 07/21/2022 UTIL REFUNDS 38.17 425546 07/21/2022 UTIL REFUNDS 33.71 425547 07/21/2022 UTIL REFUNDS 76.62 425548 07/21/2022 UTIL REFUNDS 82.41 425549 07/21/2022 UTIL REFUNDS 37.05 425550 07/21/2022 UTIL REFUNDS 56.42 425551 07/21/2022 UTIL REFUNDS 79.50 425552 07/21/2022 UTIL REFUNDS 44.18 425553 07/21/2022 UTIL REFUNDS 75.69 425554 07/21/2022 UTIL REFUNDS 51.81 425555 07/21/2022 UTIL REFUNDS 16.01 425556 07/21/2022 UTIL REFUNDS 68.02 425557 07/21/2022 UTIL REFUNDS 21.37 425558 07/21/2022 UTIL REFUNDS 83.58 425559 07/21/2022 UTIL REFUNDS 26.00 425560 07/21/2022 UTIL REFUNDS 18.67 425561 07/21/2022 UTIL REFUNDS 215.76 425562 07/21/2022 UTIL REFUNDS 81.14 425563 07/21/2022 UTIL REFUNDS 23.73 425564 07/21/2022 UTIL REFUNDS 34.16 47 TRANS NBR DATE VENDOR AMOUNT 425565 07/21/2022 UTIL REFUNDS 82.41 425566 07/21/2022 UTIL REFUNDS 74.80 425567 07/21/2022 UTIL REFUNDS 56.86 425568 07/21/2022 UTIL REFUNDS 135.06 425569 07/21/2022 UTIL REFUNDS 70.22 425570 07/21/2022 UTIL REFUNDS 20.16 425571 07/21/2022 UTIL REFUNDS 13.88 425572 07/21/2022 UTIL REFUNDS 6.23 425573 07/21/2022 PORT CONSOLIDATED INC 3,764.85 425574 07/21/2022 SSES INC 1,924.48 425575 07/21/2022 LENGEMANN CORP 465.50 425576 07/21/2022 RANGER CONSTRUCTION IND INC 1,072.75 425577 07/21/2022 VERO CHEMICAL DISTRIBUTORS INC 203.20 425578 07/21/2022 RICOH USA INC 34.12 425579 07/21/2022 CHISHOLM CORP OF VERO 539.28 425580 07/21/2022 HENRY SCHEIN INC 150.90 425581 07/21/2022 PARALEE COMPANY INC 690.90 425582 07/21/2022 INDIAN RIVER BATTERY 844.70 425583 07/21/2022 GRAINGER 278.59 425584 07/21/2022 KELLY TRACTOR CO 3,515.96 425585 07/21/2022 SAFETY KLEEN SYSTEMS INC 424.05 425586 07/21/2022 SAFETY KLEEN SYSTEMS INC 302.50 425587 07/21/2022 GRAYBAR ELECTRIC CO INC 636.48 425588 07/21/2022 REPUBLIC SERVICES INC 23,239.98 425589 07/21/2022 APPLE INDUSTRIAL SUPPLY CO 2,163.54 425590 07/21/2022 HACH CO 3,808.23 425591 07/21/2022 LFI FORT PIERCE INC 1,532.31 425592 07/21/2022 AVERY DENNISON CORPORATION 687.24 425593 07/21/2022 PARKSON CORPORATION 970.83 425594 07/21/2022 MASTELLER MOLER & TAYLOR INC 800.00 425595 07/21/2022 BOUND TREE MEDICAL LLC 5,227.13 425596 07/21/2022 EXPRESS REEL GRINDING INC 2,830.00 425597 07/21/2022 TIRESOLES OF BROWARD INC 3,057.05 425598 07/21/2022 CHILDCARE RESOURCES OF IRC INC 43,834.43 425599 07/21/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,200.00 425600 07/21/2022 ODYSSEY MANUFACTURING CO 4,438.17 425601 07/21/2022 SUNSHINE REHABILATION CENTER OF IRC INC 1,595.00 425602 07/21/2022 PING INC 179.17 425603 07/21/2022 CLERK OF CIRCUIT COURT 177.50 425604 07/21/2022 CLERK OF CIRCUIT COURT 375.50 425605 07/21/2022 CLERK OF CIRCUIT COURT 1,382.30 425606 07/21/2022 CITY OF VERO BEACH 38.74 425607 07/21/2022 APPLE MACHINE & SUPPLY CO 188.13 425608 07/21/2022 INDIAN RIVER ALL FAB INC 164.00 425609 07/21/2022 HOME DEPOT USA INC 569.00 425610 07/21/2022 FLORIDA DEPT OF TRANSPORTATION 12.86 425611 07/21/2022 PUBLIX SUPERMARKETS 15.26 425612 07/21/2022 PUBLIX SUPERMARKETS 18.76 425613 07/21/2022 ACUSHNET COMPANY 51.45 425614 07/21/2022 FEDERAL EXPRESS CORP 127.30 425615 07/21/2022 FAMOSO INC 496.32 425616 07/21/2022 FLORIDA RECREATION & PARK ASSOC INC 80.00 425617 07/21/2022 FLORIDA POWER AND LIGHT 81,229.52 425618 07/21/2022 TAYLOR MADE GOLF CO INC 205.56 425619 07/21/2022 PRISON REHABILITATIVE IND & DIV ENT INC 230.71 425620 07/21/2022 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,237.79 425621 07/21/2022 COMPLETE ELECTRIC INC 6,364.50 425622 07/21/2022 AGENCY FOR HEALTH CARE ADMIN 185,587.58 425623 07/21/2022 TREASURE COAST SPORTS COMMISSION INC 1,072.50 425624 07/21/2022 NEXTRAN CORPORATION 8,775.83 a-, TRANS NBR DATE VENDOR AMOUNT 425625 07/21/2022 JOHN BROWN & SONS INC 2,000.00 425626 07/21/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 10.00 425627 07/21/2022 FLORIDA DEPT OF FINANCIAL SERVICES 8,446.09 425628 07/21/2022 CAROLINA SOFTWARE INC 500.00 425629 07/21/2022 BRIDGESTONE AMERICAS INC 1,122.05 425630 07/21/2022 RECHTIEN INTERNATIONAL TRUCKS 10,485.21 425631 07/21/2022 MICHAEL QUIGLEY 210.00 425632 07/21/2022 HULETT ENVIRONMENTAL SERVICES 229.50 425633 07/21/2022 BIG BROTHERS AND BIG SISTERS 1,250.00 425634 07/21/2022 BIG BROTHERS AND BIG SISTERS 6,012.60 425635 07/21/2022 FASTENAL COMPANY 101.04 425636 07/21/2022 THE SHERWIN WILLIAMS CO 90.28 425637 07/21/2022 PARGAS 650.75 425638 07/21/2022 SOUTHERN JANITOR SUPPLY INC 786.64 425639 07/21/2022 ELIZABETH POWELL 83.91 425640 07/21/2022 GLOVER OIL COMPANY INC 27,396.94 425641 07/21/2022 USA SERVICES OF FLORIDA INC 9,075.00 425642 07/21/2022 ORCHID ISLAND PROPERTY MGMT II INC 1,225.00 425643 07/21/2022 FLORIDA CONSERVATION DIST EMP ASSOC 10.00 425644 07/21/2022 AMERICAN WATER WORKS ASSOCIATION 46.13 425645 07/21/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 60.42 425646 07/21/2022 FIRE FACILITIES INC 5,038.00 425647 07/21/2022 THOR GUARD INC 1,935.00 425648 07/21/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 17,268.55 425649 07/21/2022 PETER J CASSARA 2,300.00 425650 07/21/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 5,448.04 425651 07/21/2022 KWACKS INC 852.00 425652 07/21/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 425653 07/21/2022 EQ THE ENVIRONMENTAL QUALITY COMPANY 83,061.17 425654 07/21/2022 HELPING ANIMALS LIVE -OVERCOME 28.00 425655 07/21/2022 BERMUDA SANDS APPAREL LLC 175.75 425656 07/21/2022 PROMATIC INC 1,837.04 425657 07/21/2022 VERO BEACH PARTNERSHIP 200.00 425658 07/21/2022 CARDINAL HEALTH 110 INC 2,248.98 425659 07/21/2022 MUNICIPAL EMERGENCY SERVICES INC 385.59 425660 07/21/2022 MUNICIPAL EMERGENCY SERVICES INC 181.45 425661 07/21/2022 BURNETT LIME CO INC 6,644.46 425662 07/21/2022 STRAIGHT OAK LLC 309.48 425663 07/21/2022 KRAUS ASSOCIATES INC 74.29 425664 07/21/2022 SOUTHERN MANAGEMENT LLC 2,845.00 425665 07/21/2022 SAMBA HOLDINGS INC 1,624.35 425666 07/21/2022 FLORIDA DESIGN DRILLING CORP 20,335.97 425667 07/21/2022 HAWKINS INC 3,588.75 425668 07/21/2022 THE TRANSIT GROUP INC 25,770.16 425669 07/21/2022 CATHEDRAL CORPORATION 1,988.35 425670 07/21/2022 UNIFIRST CORPORATION 1,530.46 425671 07/21/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 50.00 425672 07/21/2022 GOTTA GO GREEN ENTERPISES INC 220.93 425673 07/21/2022 HYDROMAX USA LLC 81,723.50 425674 07/21/2022 BARSALOU VENTURES LLC 3,813.23 425675 07/21/2022 THE GIFFORD FLORIDA YOUTH ORCHESTRA 6,015.00 425676 07/21/2022 CROSSOVER MISSION INC 7,083.00 425677 07/21/2022 CDW LLC 360.63 425678 07/21/2022 MATHESON TRI -GAS INC 5,019.30 425679 07/21/2022 COLE AUTO SUPPLY INC 3,515.81 425680 07/21/2022 RHOADES AIR & HEAT 1,765.00 425681 07/21/2022 SHELTRA & SONS CONTRACTING LLC 7,800.00 425682 07/21/2022 KONICA MINOLTA BUSINESS SOLUTIONS 457.18 425683 07/21/2022 BETH NOLAN 210.00 425684 07/21/2022 FLUKE ELECTRONICS CORP 2,367.00 . • TRANS NBR DATE VENDOR AMOUNT 425685 07/21/2022 BOWMAN CONSULTING GROUP LTD 716.59 425686 07/21/2022 NESTLE WATERS NORTH AMERICA 175.86 425687 07/21/2022 CORE & MAIN LP 21,476.81 425688 07/21/2022 BROWNELLS INC 10,769.22 425689 07/21/2022 WOERNERAGRIBUSINESS LLC 536.00 425690 07/21/2022 ABLE GUTTER SERVICES NORTH LLC 2,680.00 425691 07/21/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 3,342.00 425692 07/21/2022 EMPIRE PIPE ORLANDO LLC 15,562.13 425693 07/21/2022 TAYLOR ANNE HATTON 720.00 425694 07/21/2022 AMAZON CAPITAL SERVICES INC 2,129.66 425695 07/21/2022 PACE ANALYTICAL SERVICES LLC 2,015.45 425696 07/21/2022 ALL AMERICAN TRAILER CONNECTION INC 11,090.00 425697 07/21/2022 JORDAN POWER EQUIPMENT CORP 485.48 425698 07/21/2022 CK CONTRACTORS & DEVELOPMENT LLC 10,431.55 425699 07/21/2022 LIBERTY TIRE RECYCLING LLC 6,563.80 425700 07/21/2022 DERECK R PRINCE 65.00 425701 07/21/2022 MULLINAX FORD OF VERO BEACH 664.28 425702 07/21/2022 JUDITH A BURLEY 630.50 425703 07/21/2022 R&S RADIO LLC 200.00 425704 07/21/2022 GATEWAY SERVICES USA LLC 56.00 425705 07/21/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 766.07 425706 07/21/2022 DESK SPINCO INC 1,259.46 425707 07/21/2022 MILTON MAYBERRY ENTERPRISES INC 1,125.00 425708 07/21/2022 SUNBELT HYDRAULIC & EQUIPMENT INC 266.09 425709 07/21/2022 STAPLES INC 78.36 425710 07/21/2022 LOWES COMPANIES INC 2,222.91 425711 07/21/2022 SMI TRADING LLC 299.23 425712 07/21/2022 SPORTS ENGINE INC 407.00 425713 07/21/2022 CONTROL TECHNOLOGIES INC 1,460.00 425714 07/21/2022 QUADMED INC 9,815.96 425715 07/21/2022 AQUATIC WEED CONTROL INC 145.00 425716 07/21/2022 BRITTON INDUSTRIES INC 292.81 425717 07/21/2022 CW ROBERTS CONTRACTING INC 182,199.00 425718 07/21/2022 FIRE EQUIPMENT SERVICES OF FLORIDA INC 2,252.00 425719 07/21/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 2,844.00 425720 07/21/2022 HIREQUEST LLC 2,705.28 425721 07/21/2022 PETERBILT STORE SOUTH FLORIDA LLC 156.31 425722 07/21/2022 A TEAM OF THE TREASURE COAST INC 860.00 425723 07/21/2022 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 425724 07/21/2022 MARUBENI AMERICA CORPORATION 1,608.33 425725 07/21/2022 DOBBS EQUIPMENT LLC 761.34 425726 07/21/2022 C&W ENGINEERING INC 550.00 425727 07/21/2022 SHAMROCK ENVIRONMENTAL CORPORATION 17,953.53 425728 07/21/2022 GOMEZ BROTHERS CONTRACT SERVICES 2,601.00 425729 07/21/2022 SHRIEVE CHEMICAL CO LLC 14,382.04 425730 07/21/2022 BTAC HOLDING CORP 5,569.02 425731 07/21/2022 CONSOLIDATED WATER GROUP LLC 143.43 425732 07/21/2022 TPH HOLDINGS LLC 43.07 425733 07/21/2022 CRYSTAL MCANELLY DIVERS 150.00 425734 07/21/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 1,000.00 425735 07/21/2022 SEVEN ISLES CAPITAL 1,788.00 425736 07/21/2022 OSCEOLAPHARMACY 290.37 425737 07/21/2022 KERNER LLC 8,250.00 425738 07/21/2022 OCP COMMUNITY OUTREACH INC 4,788.81 425739 07/21/2022 METTLER-TOLEDO INTERNATIONAL INC 2,356.37 425740 07/21/2022 GULF MATERIALS SALES LLC 379.87 425741 07/21/2022 PROTEGIS HOLDINGS LLC 140.00 425742 07/21/2022 FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 589.00 425743 07/21/2022 DE 2018 PLLC 1,704.00 425744 07/21/2022 PAIGE K BROWN 80.00 50 TRANS NBR DATE VENDOR AMOUNT 425745 07/21/2022 SOUTHERN TEES INC 205.00 425746 07/21/2022 THE SOCIETY OF CERTIFIED INSURANCE COUNSELOR 719.88 Grand Total: 1,861,394.77 51 TRANS NBR DATE 902053 07/21/2022 902054 07/21/2022 902055 07/21/2022 902056 07/21/2022 902057 07/21/2022 902058 07/21/2022 Grand Total: CHECKS WRITTEN VENDOR CREATIVE CHOICE HOMES XVI LTD FLORIDA POWER AND LIGHT PJD HOLDINGS LLC ORCHARD GROVE VENTURE LLC SONRISE APARTMENT PROPERTIES LLC JORO INVESTMENTS, LLC AMOUNT 378.00 26.00 1,225.00 792.00 880.00 775.00 4,076.00 52 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019770 07/19/2022 AT&T CORP 971.00 1019771 07/19/2022 AT&T CORP 5.29 1019772 07/19/2022 OFFICE DEPOT INC 431.14 1019773 07/19/2022 COMCAST 186.85 1019774 07/19/2022 WASTE MANAGEMENT INC OF FLORIDA 663.00 1019775 07/20/2022 OFFICE DEPOT INC 393.65 1019776 07/20/2022 DOUBLETREE HOTEL 4,059.39 1019777 07/20/2022 COMCAST 130.00 1019778 07/20/2022 WASTE MANAGEMENT INC OF FLORIDA 1,241.98 1019779 07/21/2022 INDIAN RIVER OXYGEN INC 166.35 1019780 07/21/2022 MIKES GARAGE & WRECKER SERVICE INC 185.00 1019781 07/21/2022 WATER SAFETY PRODUCTS INC 1,254.10 1019782 07/21/2022 GALLS LLC 72.00 1019783 07/21/2022 MEEKS PLUMBING INC 3,645.00 1019784 07/21/2022 HILL MANUFACTURING CO INC 1,808.26 1019785 07/21/2022 GROVE WELDERS INC 999.30 1019786 07/21/2022 SOUTHERN COMPUTER WAREHOUSE INC 444.21 1019787 07/21/2022 COMPLETE RESTAURANT EQUIPMENT LLC 500.00 1019788 07/21/2022 TOTAL TRUCK PARTS INC 803.16 1019789 07/21/2022 PRIDE ENTERPRISES 35.88 1019790 07/21/2022 CUMMINS INC 19,043.88 1019791 07/21/2022 AUTO PARTNERS LLC 1,466.68 1019792 07/21/2022 STAT MEDICAL DISPOSAL INC 550.00 1019793 07/21/2022 NEXAIR LLC 65.74 1019794 07/21/2022 EFE INC 2,350.11 1019795 07/21/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 207.73 1019796 07/21/2022 CARLON INC 204.00 Grand Total: 41,883.70 53 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9723 07/15/2022 KIMLEY HORN & ASSOC INC 6,593.00 9724 07/15/2022 CITY OF SEBASTIAN 32,660.58 9725 07/15/2022 EDH HOLDINGS LLC 155.50 9726 07/18/2022 HUMANE SOCIETY 43,000.00 9727 07/18/2022 IRC CHAMBER OF COMMERCE 16,991.17 9728 07/18/2022 IRC CHAMBER OF COMMERCE 52,102.26 9729 07/18/2022 SCHOOL DISTRICT OF I R COUNTY 7,008.00 9730 07/19/2022 CLERK OF CIRCUIT COURT 119,226.15 9731 07/19/2022 INDIAN RIVER COUNTY SHERIFF 53,280.10 9732 07/20/2022 FLORIDA DEPARTMENT OF BUSINESS AND 37,440.66 9733 07/21/2022 KIMLEY HORN & ASSOC INC 4,000.00 9734 07/21/2022 INDIAN RIVER COUNTY SHERIFF 389,249.62 9735 07/21/2022 INDIAN RIVER COUNTY SHERIFF 51,585.34 9736 07/21/2022 VEROTOWN LLC 150,540.47 9737 07/21/2022 RX BENEFITS INC 205,718.51 9738 07/21/2022 SAVE ON SP LLC 26,748.29 9739 07/21/2022 EDH HOLDINGS LLC 1,551.05 9740 07/21/2022 EDH HOLDINGS LLC 5,388.50 Grand Total: 1,203,239.20 54 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 28, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 22, 2022 to July 28, 2022 • COMpT yRn'fR tout+�i F.. 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 22, 2022 to July 28, 2022. 55 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 425747 07/22/2022 UNITED WAY OF INDIAN RIVER COUNTY 727.00 425748 07/22/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,465.18 425749 07/22/2022 IRC CHAMBER OF COMMERCE 150.00 425750 07/22/2022 AMERITAS 826.40 425751 07/22/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 425752 07/22/2022 P&A ADMINISTRATIVE SERVICES INC 435.00 425753 07/22/2022 NORTH DAKOTA CHILD SUPPORT 228.47 425754 07/22/2022 DAVID SALEMME 250.00 425755 07/22/2022 VERO BEACH LITTLE LEAGUE 150.00 425756 07/22/2022 LOIS SCHLEICHER 1,270.00 425757 07/28/2022 UTIL REFUNDS 2.01 425758 07/28/2022 UTIL REFUNDS 67.22 425759 07/28/2022 UTIL REFUNDS 10.59 425760 07/28/2022 UTIL REFUNDS 171.66 425761 07/28/2022 UTIL REFUNDS 91.00 425762 07/28/2022 UTIL REFUNDS 500.00 425763 07/28/2022 UTIL REFUNDS 32.26 425764 07/28/2022 UTIL REFUNDS 68.83 425765 07/28/2022 UTIL REFUNDS 74.00 425766 07/28/2022 UTIL REFUNDS 28.02 425767 07/28/2022 UTIL REFUNDS 25.47 425768 07/28/2022 UTIL REFUNDS 47.41 425769 07/28/2022 UTIL REFUNDS 61.64 425770 07/28/2022 UTIL REFUNDS 67.93 425771 07/28/2022 UTIL REFUNDS 246.05 425772 07/28/2022 UTIL REFUNDS 84.96 425773 07/28/2022 UTIL REFUNDS 39.16 425774 07/28/2022 UTIL REFUNDS 102.82 425775 07/28/2022 UTIL REFUNDS 13.62 425776 07/28/2022 UTIL REFUNDS 70.95 425777 07/28/2022 UTIL REFUNDS 45.75 425778 07/28/2022 UTIL REFUNDS 71.54 425779 07/28/2022 UTIL REFUNDS 66.59 425780 07/28/2022 UTIL REFUNDS 44.57 425781 07/28/2022 UTIL REFUNDS 66.48 425782 07/28/2022 UTIL REFUNDS 48.56 425783 07/28/2022 UTIL REFUNDS 73.73 425784 07/28/2022 UTIL REFUNDS 32.33 425785 07/28/2022 UTIL REFUNDS 28.58 425786 07/28/2022 UTIL REFUNDS 50.00 425787 07/28/2022 UTIL REFUNDS 77.11 425788 07/28/2022 UTIL REFUNDS 156.01 425789 07/28/2022 UTIL REFUNDS 2.40 425790 07/28/2022 UTIL REFUNDS 92.80 425791 07/28/2022 UTIL REFUNDS 3,040.43 425792 07/28/2022 UTIL REFUNDS 100.00 425793 07/28/2022 UTIL REFUNDS 63.12 425794 07/28/2022 UTIL REFUNDS 23.28 425795 07/28/2022 UTIL REFUNDS 66.25 425796 07/28/2022 UTIL REFUNDS 43.44 425797 07/28/2022 UTIL REFUNDS 46.97 425798 07/28/2022 UTIL REFUNDS 30.56 425799 07/28/2022 UTIL REFUNDS 1,106.66 425800 07/28/2022 AT&T WIRELESS 172.92 425801 07/28/2022 AT&T WIRELESS 345.84 425802 07/28/2022 AT&T WIRELESS 928.16 425803 07/28/2022 AT&T WIRELESS 106.29 425804 07/28/2022 REPUBLIC SERVICES INC 275,701.87 TRANS NBR DATE VENDOR AMOUNT 425805 07/28/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 300.00 425806 07/28/2022 CARTER ASSOCIATES INC 330.00 425807 07/28/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 425808 07/28/2022 ROGER J NICOSIA 1,500.00 425809 07/28/2022 CITY OF VERO BEACH 2,230.27 425810 07/28/2022 CITY OF VERO BEACH 11,987.50 425811 07/28/2022 AT&T CORP 657.74 425812 07/28/2022 INTERNATIONAL GOLF MAINTENANCE INC 101,775.60 425813 07/28/2022 FLORIDA POWER AND LIGHT 9,111.22 425814 07/28/2022 STATE ATTORNEY 8,254.65 425815 07/28/2022 SUNSHINE STATE ONE CALL OF FL INC 1,667.51 425816 07/28/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 425817 07/28/2022 FIRST AMERICAN TITLE COMPANY 65.96 425818 07/28/2022 UNITED HEALTH CARE INS COMPANY 547.31 425819 07/28/2022 UNITED HEALTH CARE INS COMPANY 98.92 425820 07/28/2022 BLUE CROSS BLUE SHIELD 698.08 425821 07/28/2022 ST LUCIE COUNTY BOCC 111,601.00 425822 07/28/2022 ST LUCIE COUNTY BOCC 40,484.33 425823 07/28/2022 NEGLIA, SALVATORE 4.87 425824 07/28/2022 CHAMPVA CENTER 166.32 425825 07/28/2022 DARA MILLER 77.77 425826 07/28/2022 MBV ENGINEERING INC 3,772.50 425827 07/28/2022 MASTELLER & MOLER INC 1,470.00 425828 07/28/2022 THE RAWLINGS CO LLC 309.19 425829 07/28/2022 ELIZABETH COHEN 97.94 425830 07/28/2022 JONES EDMUNDS AND ASSCOIATES INC 9,740.45 425831 07/28/2022 FLORIDA MEDICAID 140.93 425832 07/28/2022 GUETTLER BROTHERS CONSTRUCTION LLC 2,750.00 425833 07/28/2022 THE TRANSIT GROUP INC 14,253.40 425834 07/28/2022 ANFIELD CONSULTING GROUP INC 10,000.00 425835 07/28/2022 SUNSHINE HEALTH PLAN MEDICAID 398.56 425836 07/28/2022 BOWMAN CONSULTING GROUP LTD 9,784.25 425837 07/28/2022 DIRECTV GROUP INC 96.14 425838 07/28/2022 TETRA TECH INC 1,445.00 425839 07/28/2022 STATE OF FLORIDA 19,753.15 425840 07/28/2022 WITT O'BRIEN'S LLC 668.50 425841 07/28/2022 LOWES COMPANIES INC 75.39 425842 07/28/2022 TREASURE COAST TITLE & SETTLEMENT OF VERO LL 30.11 425843 07/28/2022 FLORIDA COMMUNITY CARE 476.59 425844 07/28/2022 CLEAN SPACE INC 15,530.91 425845 07/28/2022 TROPIC OIL COMPANY LLC 1,988.09 425846 07/28/2022 PREMIER TITLE PARTNERS OF FLORIDA LLC 92.19 425847 07/28/2022 CAREPLUS HEALTH PLANS INC 1,476.76 425848 07/28/2022 STEEPSTEEL LLC 1,256.25 425849 07/28/2022 SPIEZLE ARCHITECTURAL GROUP INC 4,418.97 425850 07/28/2022 EDWARD WARD 20.00 425851 07/28/2022 WEX HEALTH INC 17,361.25 425852 07/28/2022 ALEXIS RIGGS 247.19 425853 07/28/2022 GLORIAAYOUNG 101.61 425854 07/28/2022 HES REVOCABLE TRUST 539.60 425855 07/28/2022 JACQUELINE DAVIS 536.80 425856 07/28/2022 JANE POMPONIO 617.60 425857 07/28/2022 JOYCE MCAUFIELDHEATH 43.18 425858 07/28/2022 MARCIA J FAIRCHILD 54.94 425859 07/28/2022 MATTHEW J SALISBURY 40.00 425860 07/28/2022 PHAWANA GRIFFIN 530.80 425861 07/28/2022 RALPH R BOYNTON 96.31 425862 07/28/2022 ROY R DATEMAJR 106.46 425863 07/28/2022 THOMAS M ROTELL 101.49 425864 07/28/2022 VICTOR M DIEZ 80.00 57 TRANS NBR DATE VENDOR AMOUNT 425865 07/28/2022 GEORGE JACKSON 500.00 425866 07/28/2022 AARM 5 LLC 78.16 425867 07/28/2022 POLYMATHIC PROPERTIES INC 50.00 425868 07/28/2022 CHAD STORZ 34.35 425869 07/28/2022 SUPREME TITLE SOLUTION LLC 90.30 425870 07/28/2022 MICHAEL MATYNIAK 41.98 425871 07/28/2022 JOSE VARGAS GARCIA 42.15 425872 07/28/2022 SHERRY COOPER 27.33 425873 07/28/2022 DEVAUGHN SONGUI 28.69 425874 07/28/2022 ROY PENNER 50.00 425875 07/28/2022 UTIL REFUNDS 45.54 425876 07/28/2022 UTIL REFUNDS 25.31 425877 07/28/2022 UTIL REFUNDS 74.17 425878 07/28/2022 UTIL REFUNDS 41.09 425879 07/28/2022 UTIL REFUNDS 61.20 425880 07/28/2022 UTIL REFUNDS 19.16 425881 07/28/2022 UTIL REFUNDS 5.58 425882 07/28/2022 UTIL REFUNDS 172.53 425883 07/28/2022 UTIL REFUNDS 23.82 425884 07/28/2022 UTIL REFUNDS 36.54 425885 07/28/2022 UTIL REFUNDS 198.01 425886 07/28/2022 UTIL REFUNDS 80.54 425887 07/28/2022 UTIL REFUNDS 135.84 425888 07/28/2022 UTIL REFUNDS 45.71 425889 07/28/2022 UTIL REFUNDS 14.60 425890 07/28/2022 UTIL REFUNDS 48.40 425891 07/28/2022 UTIL REFUNDS 91.98 425892 07/28/2022 UTIL REFUNDS 34.77 425893 07/28/2022 UTIL REFUNDS 2.16 425894 07/28/2022 UTIL REFUNDS 70.07 425895 07/28/2022 UTIL REFUNDS 12.88 425896 07/28/2022 UTIL REFUNDS 522.42 425897 07/28/2022 UTIL REFUNDS 9.72 425898 07/28/2022 UTIL REFUNDS 21.16 425899 07/28/2022 UTIL REFUNDS 62.23 425900 07/28/2022 UTIL REFUNDS 33.38 425901 07/28/2022 UTIL REFUNDS 61.91 425902 07/28/2022 UTIL REFUNDS 14.54 425903 07/28/2022 UTIL REFUNDS 16.89 425904 07/28/2022 UTIL REFUNDS 27.40 425905 07/28/2022 UTIL REFUNDS 82.88 425906 07/28/2022 UTIL REFUNDS 38.75 425907 07/28/2022 UTIL REFUNDS 33.26 425908 07/28/2022 UTIL REFUNDS 42.16 425909 07/28/2022 UTIL REFUNDS 22.98 425910 07/28/2022 UTIL REFUNDS 37.33 425911 07/28/2022 UTIL REFUNDS 95.46 425912 07/28/2022 UTIL REFUNDS 47.32 425913 07/28/2022 UTIL REFUNDS 45.79 425914 07/28/2022 WILLIE C REAGAN 1,880.00 425915 07/28/2022 TREASURE COAST HOMELESS SERVICES 7,154.00 425916 07/28/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 425917 07/28/2022 LARRY STALEY 706.00 425918 07/28/2022 DAVID SPARKS 808.00 425919 07/28/2022 FORT PIERCE HOUSING AUTHORITY 775.00 425920 07/28/2022 THE PALMS AT VERO BEACH 2,337.00 425921 07/28/2022 ARTHUR PRUETT 798.00 425922 07/28/2022 MICHAEL JAHOLKOWSKI 554.00 425923 07/28/2022 RICHARD SCHLITT 862.00 425924 07/28/2022 SUNCOAST REALTY & RENTAL MGMT LLC 419.00 W TRANS NBR DATE VENDOR AMOUNT 425925 07/28/2022 PAMELA R CUMMINGS 689.00 425926 07/28/2022 INDIAN RIVER RDA LP 532.00 425927 07/28/2022 OKEECHOBEE PARTNERS LLC 1,050.00 425928 07/28/2022 MISS INC OF THE TREASURE COAST 2,127.00 425929 07/28/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 425930 07/28/2022 AUGUSTUS B FORT JR 891.00 425931 07/28/2022 H&H SHADOWBROOK LLC 689.00 425932 07/28/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 872.00 425933 07/28/2022 ALIX DENEAU 750.00 425934 07/28/2022 NKW PIP HOLDINGS I LLC 1,963.00 425935 07/28/2022 KARL POKRANDT 1,220.00 425936 07/28/2022 BRANDON ROUER 1,013.00 425937 07/28/2022 HUDSON CONSULTING & MANAGEMENT LLC 941.00 425938 07/28/2022 SHARON P BRENNAN 602.00 425939 07/28/2022 A PLUS PROPERTY MANAGEMENT INC 8,314.00 425940 07/28/2022 ORCHARD GROVE VENTURE LLC 675.00 425941 07/28/2022 GEORGIA KING LLC 757.00 425942 07/28/2022 BREGO PROPERTIES LLC 2,021.00 425943 07/28/2022 SREIT LEXINGTON CLUB LLC 4,097.00 425944 07/28/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 377.00 425945 07/28/2022 MARLBROS HOLDINGS LLC 1,168.00 425946 07/28/2022 JARROD CANNON 1,003.00 425947 07/28/2022 SEUNG KIM 708.00 425948 07/28/2022 EZAS INVESTMENTS LLC 1,300.00 425949 07/28/2022 MICHAEL MILLER 1,361.00 425950 07/28/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 425951 07/28/2022 RS REALTY ADVISORS LLC 3,097.00 425952 07/28/2022 STEVEN GIORDANO 2,358.00 425953 07/28/2022 WILLIAM J LAHEY 1,609.00 425954 07/28/2022 SONIA SUSAN SOSA 993.00 425955 07/28/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 2,056.00 425956 07/28/2022 OSCAR ALVARADO 709.00 425957 07/28/2022 KAREN CHENNELL 2,243.00 425958 07/28/2022 JT VERO PROPERTIES LLC 3,298.00 425959 07/28/2022 SM REALTY PARTNERS LLC 3,130.00 425960 07/28/2022 IXORIA RE LLC 819.10 425961 07/28/2022 FLORIDA RECREATION & PARK ASSOC INC 325.00 425962 07/28/2022 PETER OBRYAN 181.10 425963 07/28/2022 BRIAN FREEMAN 92.56 425964 07/28/2022 SUSAN ADAMS 43.97 425965 07/28/2022 PAIGE LESTER 424.89 425966 07/28/2022 DIANE LYSTLUND 240.00 425967 07/28/2022 DUKE HAWKINS 342.00 425968 07/28/2022 LAURA MATTHES 135.46 425969 07/28/2022 KYLIE ARIOTTI 36.00 425970 07/28/2022 MICHAEL STAUDT 263.50 425971 07/28/2022 ZAC PORTWOOD 270.50 425972 07/28/2022 PORT CONSOLIDATED INC 1,018.29 425973 07/28/2022 STURGIS LUMBER & PLYWOOD CO 164.40 425974 07/28/2022 SSES INC 40.67 425975 07/28/2022 TEN -8 FIRE EQUIPMENT INC 8,100.91 425976 07/28/2022 RANGER CONSTRUCTION IND INC 616.83 425977 07/28/2022 VERO CHEMICAL DISTRIBUTORS INC 347.60 425978 07/28/2022 PERERS ENTERPRISES INC 761.85 425979 07/28/2022 PALMDALE OIL COMPANY INC 2,534.79 425980 07/28/2022 RICOH USA INC 143.47 425981 07/28/2022 RICOH USA INC 162.98 425982 07/28/2022 RICOH USA INC 80.94 425983 07/28/2022 CHISHOLM CORP OF VERO 1,796.29 425984 07/28/2022 HENRY SCHEIN INC 3,278.64 59 4 TRANS NBR DATE VENDOR AMOUNT 425985 07/28/2022 DATA FLOW SYSTEMS INC 877.00 425986 07/28/2022 SUB AQUATICS INC 548.37 425987 07/28/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 66.00 425988 07/28/2022 INDIAN RIVER BATTERY 1,102.41 425989 07/28/2022 GRAINGER 887.40 425990 07/28/2022 KELLY TRACTOR CO 13,393.00 425991 07/28/2022 GENES AUTO GLASS INC 380.00 425992 07/28/2022 WILD LAND ENTERPRISES INC 7.35 425993 07/28/2022 LFI FORT PIERCE INC 801.24 425994 07/28/2022 AVERY DENNISON CORPORATION 448.45 425995 07/28/2022 PARKSON CORPORATION 1,374.83 425996 07/28/2022 BOUND TREE MEDICAL LLC 1,552.65 425997 07/28/2022 EDLUND DRITENBAS BINKLEYARCHITECTS 7,360.48 425998 07/28/2022 ABCO GARAGE DOOR CO INC 732.50 425999 07/28/2022 CARTER ASSOCIATES INC 25,891.00 426000 07/28/2022 NEWMANS POWER SYSTEMS 720.00 426001 07/28/2022 MIDWEST TAPE LLC 903.82 426002 07/28/2022 ODYSSEY MANUFACTURING CO 9,941.09 426003 07/28/2022 PRECISION CONTRACTING SERVICES INC 4,725.00 426004 07/28/2022 CENGAGE LEARNING INC 663.50 426005 07/28/2022 SUNSHINE REHABILATION CENTER OF IRC INC 1,100.00 426006 07/28/2022 BOYS & GIRLS CLUB OF INDIAN 7,500.00 426007 07/28/2022 CITY OF VERO BEACH 7,350.37 426008 07/28/2022 UNITED WAY OF INDIAN RIVER COUNTY 644.34 426009 07/28/2022 INDIAN RIVER ALL FAB INC 7,386.96 426010 07/28/2022 HOME DEPOT USA INC 311.44 426011 07/28/2022 HOME DEPOT USA INC 337.31 426012 07/28/2022 FLORIDA GOVERNMENT FINANCE 150.00 426013 07/28/2022 LIVINGSTON PAGE 105.00 426014 07/28/2022 JANITORIAL DEPOT OF AMERICA INC 206.35 426015 07/28/2022 ENVIRONMENTAL LEARNING CENTER INC 2,733.97 426016 07/28/2022 ROGER CLEVELAND GOLF INC 32.27 426017 07/28/2022 ACUSHNET COMPANY 2,252.32 426018 07/28/2022 FEDERAL EXPRESS CORP 497.55 426019 07/28/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 579.38 426020 07/28/2022 COMO OIL COMPANY OF FLORIDA 777.37 426021 07/28/2022 FAMOSO INC 475.20 426022 07/28/2022 FLORIDA POWER AND LIGHT 185,548.93 426023 07/28/2022 FLORIDA POWER AND LIGHT 9,994.58 426024 07/28/2022 AMERICAN PLANNING ASSOCIATION 99.00 426025 07/28/2022 IRC HOUSING AUTHORITY 1,000.00 426026 07/28/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 16,633.28 426027 07/28/2022 NEW HORIZONS OF THE TREASURE COAST 27,457.50 426028 07/28/2022 COMPLETE ELECTRIC INC 138.64 426029 07/28/2022 TREASURE COAST SPORTS COMMISSION INC 5,906.30 426030 07/28/2022 HENRY SMITH 150.00 426031 07/28/2022 JOHN BROWN & SONS INC 11,200.00 426032 07/28/2022 CHILDRENS HOME SOCIETY OF FL 500.00 426033 07/28/2022 CHILDRENS HOME SOCIETY OF FL 3,264.64 426034 07/28/2022 ELXSI INC 440.12 426035 07/28/2022 NORTHERN TOOL & EQUIPMENT CO 309.65 426036 07/28/2022 BRIDGESTONE AMERICAS INC 1,492.95 426037 07/28/2022 ECONOLITE CONTROL PRODUCTS INC 2,030.00 426038 07/28/2022 RECHTIEN INTERNATIONAL TRUCKS 785.67 426039 07/28/2022 THE PALMS AT VERO BEACH 740.00 426040 07/28/2022 MICHAEL QUIGLEY 30.00 426041 07/28/2022 TRANE US INC 40,566.75 426042 07/28/2022 HULETT ENVIRONMENTAL SERVICES 638.00 426043 07/28/2022 SYNAGRO-WWT INC 76,262.48 426044 07/28/2022 BIG BROTHERS AND BIG SISTERS 1,250.00 TRANS NBR DATE VENDOR AMOUNT 426045 07/28/2022 BIG BROTHERS AND BIG SISTERS 6,012.60 426046 07/28/2022 FLORIDA RURAL LEGAL SERVICES INC 2,900.69 426047 07/28/2022 FASTENAL COMPANY 81.02 426048 07/28/2022 SOUTHERN JANITOR SUPPLY INC 2,365.58 426049 07/28/2022 GLOVER OIL COMPANY INC 62,574.45 426050 07/28/2022 CAROLE J MADIGAN 1,871.50 426051 07/28/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 260.17 426052 07/28/2022 PAK MAIL 36.20 426053 07/28/2022 DANE MACDONALD 150.00 426054 07/28/2022 POWER -TEL UTILITY PRODUCTS INC 1,480.00 426055 07/28/2022 GLOBALSTAR USA 442.84 426056 07/28/2022 THOR GUARD INC 1,098.19 426057 07/28/2022 CEMEX INC 584.64 426058 07/28/2022 PETER J CASSARA 7,050.00 426059 07/28/2022 NICOLACE MARKETING INC 4,268.50 426060 07/28/2022 WINSUPPLY OF VERO BEACH 161.43 426061 07/28/2022 MCALHANY CONSTRUCTION CO INC 11,935.00 426062 07/28/2022 OVERDRIVE INC 1,526.77 426063 07/28/2022 WILD TURKEY ESTATES OF VERO LLC 1,351.94 426064 07/28/2022 MUNICIPAL EMERGENCY SERVICES INC 36,238.32 426065 07/28/2022 BURNETT LIME CO INC 9,960.12 426066 07/28/2022 STRAIGHT OAK LLC 277.86 426067 07/28/2022 STEWART & STEVENSON FDDA LLC 4,134.24 426068 07/28/2022 CHEMTRADE CHEMICALS CORPORTATION 3,272.80 426069 07/28/2022 REI ENGINEERS INC 3,280.00 426070 07/28/2022 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 426071 07/28/2022 HAWKINS INC 2,268.75 426072 07/28/2022 CATHEDRAL CORPORATION 2,185.14 426073 07/28/2022 UNIFIRST CORPORATION 1,229.45 426074 07/28/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 2,531.42 426075 07/28/2022 HYDROMAX USA LLC 36,375.50 426076 07/28/2022 BARSALOU VENTURES LLC 866.50 426077 07/28/2022 EASTERN PIPELINE CONSTRUCTION INC 3,550.00 426078 07/28/2022 AC VETERINARY SPECIALTY SERVICES 228.42 426079 07/28/2022 GNS REAL ESTATE HOLDINGS LLC 1,000.00 426080 07/28/2022 CDW LLC 120.21 426081 07/28/2022 DEBBIE CARSON 75.00 426082 07/28/2022 MATHESON TRI -GAS INC 9,718.41 426083 07/28/2022 COLE AUTO SUPPLY INC 2,457.86 426084 07/28/2022 FLORIDA BULB & BALLAST INC 2,471.05 426085 07/28/2022 ENVIRONMENTAL OPERATING SOLUTION INC 19,278.16 426086 07/28/2022 CORE & MAIN LP 18,154.99 426087 07/28/2022 WARREN W CATERSON 200.00 426088 07/28/2022 WOERNER AGRIBUSINESS LLC 128.00 426089 07/28/2022 ABISCOM INC 419.84 426090 07/28/2022 INTERIOR FLOORING SOLUTIONS INC 852.48 426091 07/28/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,394.00 426092 07/28/2022 TYKES & TEENS INC 5,005.94 426093 07/28/2022 WATSON REALTY GROUP 1,000.00 426094 07/28/2022 EMPIRE PIPE ORLANDO LLC 13,994.19 426095 07/28/2022 TAYLOR ANNE HATTON 100.00 426096 07/28/2022 AMAZON CAPITAL SERVICES INC 4,121.16 426097 07/28/2022 PACE ANALYTICAL SERVICES LLC 136.50 426098 07/28/2022 AMERIGAS PROPANE LP 5,722.51 426099 07/28/2022 THE HOPE FOR FAMILIES CENTER INC 5,704.12 426100 07/28/2022 JORDAN POWER EQUIPMENT CORP 1,393.50 426101 07/28/2022 MULLINAX FORD OF VERO BEACH 773.31 426102 07/28/2022 KRONOS SAASHR INC 135.45 426103 07/28/2022 DESK SPINCO INC 1,465.10 426104 07/28/2022 BLUE GOOSE CONSTRUCTION LLC 4,237.45 61 6 TRANS NBR DATE VENDOR AMOUNT 426105 07/28/2022 STAPLES INC 1,252.32 426106 07/28/2022 LOWES COMPANIES INC 2,627.62 426107 07/28/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 426108 07/28/2022 TOTAL GOLF CART LLC 343.96 426109 07/28/2022 CHRIS ZAVESKY 50.00 426110 07/28/2022 DEX IMAGING LLC 135.37 426111 07/28/2022 THEODORE SEMI 155.00 426112 07/28/2022 QUADMED INC 4,188.90 426113 07/28/2022 BRITTON INDUSTRIES INC 216.02 426114 07/28/2022 TRAILHEAD LABS INC 1,250.00 426115 07/28/2022 FUN EXPRESS LLC 183.31 426116 07/28/2022 VERO COLLISION II LLC 5,392.06 426117 07/28/2022 HIREQUEST LLC 5,214.73 426118 07/28/2022 INTERNATIONAL BRONZE PLAQUE CO INC 149.00 426119 07/28/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 426120 07/28/2022 CER SIGNATURE CLEANING LLC 750.00 426121 07/28/2022 AMERICAN BACKFLOW PRODUCTS COMPANY 513.28 426122 07/28/2022 THERAGUN INC 1,131.00 426123 07/28/2022 GOMEZ BROTHERS CONTRACT SERVICES 450.00 426124 07/28/2022 PIVOTAL UTILITY HOLDINGS INC 35.33 426125 07/28/2022 SHRIEVE CHEMICAL CO LLC 7,413.36 426126 07/28/2022 BTAC HOLDING CORP 8,626.30 426127 07/28/2022 TPH HOLDINGS LLC 61.47 426128 07/28/2022 SEVEN ISLES CAPITAL 1,755.00 426129 07/28/2022 SCOTT SEELEY 25.00 426130 07/28/2022 VERO BEACH GOLF CARS LLC 1,050.00 426131 07/28/2022 ANCHOR MECHANICAL INC 11,542.80 426132 07/28/2022 PROTEGIS HOLDINGS LLC 81.50 426133 07/28/2022 WITMER PUBLIC SAFETY GROUP INC 7,847.49 426134 07/28/2022 WOLFPACK FINANCIAL HOLDINGS 1,000.00 426135 07/28/2022 SUSANNE SINGER 1,000.00 Grand Total: 1,692,966.23 62 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902059 07/28/2022 UNIFIRST CORPORATION 105.00 Grand Total: 105.00 63 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019797 07/22/2022 OFFICE DEPOT INC 1,050.62 1019798 07/22/2022 WASTE MANAGEMENT INC OF FLORIDA 88.40 1019799 07/27/2022 AT&T CORP 198.00 1019800 07/27/2022 AT&T CORP 5.76 1019801 07/27/2022 OFFICE DEPOT INC 490.72 1019802 07/27/2022 COMCAST 150.00 1019803 07/27/2022 WASTE MANAGEMENT INC OF FLORIDA 12,563.02 1019804 07/28/2022 INDIAN RIVER OXYGEN INC 1,704.50 1019805 07/28/2022 MIKES GARAGE & WRECKER SERVICE INC 640.40 1019806 07/28/2022 WATER SAFETY PRODUCTS INC 1,509.75 1019807 07/28/2022 GALLS LLC 299.84 1019808 07/28/2022 MEEKS PLUMBING INC 1,167.00 1019809 07/28/2022 IRRIGATION CONSULTANTS UNLIMITED INC 2,745.90 1019810 07/28/2022 GROVE WELDERS INC 199.43 1019811 07/28/2022 WIGINTON CORPORATION 926.00 1019812 07/28/2022 COMPLETE RESTAURANT EQUIPMENT LLC 1,263.30 1019813 07/28/2022 41MPRINT INC 6,343.26 1019814 07/28/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 327.14 1019815 07/28/2022 PRIDE ENTERPRISES 7,522.45 1019816 07/28/2022 CUMMINS INC 835.10 1019817 07/28/2022 SPINNAKER VERO INC 1,496.91 1019818 07/28/2022 SIMS CRANE & EQUIPMENT CO 4,862.00 1019819 07/28/2022 AUTO PARTNERS LLC 5,227.35 1019820 07/28/2022 L&L DISTRIBUTORS 134.06 1019821 07/28/2022 HYDRA SERVICE (S) INC 67,078.00 1019822 07/28/2022 HORIZON DISTRIBUTORS INC 3,266.20 1019823 07/28/2022 GUARDIAN ALARM OF FLORIDA LLC 2,764.32 1019824 07/28/2022 NEXAIR LLC 46.63 1019825 07/28/2022 EFE INC 1,246.65 1019826 07/28/2022 TOSHIBAAMERICA BUSINESS SOLUTIONS INC 74.66 1019827 07/28/2022 CARLON INC 1,324.80 Grand Total: 127,552.17 64 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9741 07/22/2022 KIMLEY HORN & ASSOC INC 46,400.50 9742 07/22/2022 IRC FIRE FIGHTERS ASSOC 10,270.72 9743 07/22/2022 TEAMSTERS LOCAL UNION #769 5,050.50 9744 07/22/2022 FL SDU 3,314.24 9745 07/22/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,691.80 9746 07/22/2022 MUTUAL OF OMAHA 20,586.24 9747 07/22/2022 MUTUAL OF OMAHA 2,561.25 9748 07/22/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 87,574.21 9749 07/22/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 143.74 9750 07/25/2022 IRS -PAYROLL TAXES 530,601.60 9751 07/25/2022 VEROTOWN LLC 22,233.14 9752 07/25/2022 SCHOOL DISTRICT OF I R COUNTY 19,377.05 9753 07/28/2022 EDH HOLDINGS LLC 5,408.00 9754 07/28/2022 INDIAN RIVER COUNTY SHERIFF 208,306.00 9755 07/28/2022 KIMLEY HORN & ASSOC INC 3,480.00 9756 07/28/2022 TOWN OF INDIAN RIVER SHORES 8,113.55 9757 07/28/2022 HALLEY ENGINEERING CONTRACTORS INC 593,708.93 9758 07/28/2022 BENEFLEX INC 875.00 9759 07/28/2022 P&A ADMINISTRATIVE SERVICES INC 394.50 9760 07/28/2022 P&A ADMINISTRATIVE SERVICES INC 394.50 Grand Total: 1,579,485.47 65 W INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 15, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Adoption of Modifications to the Purchasing Manual BACKGROUND: On July 17, 2018, the Board authorized the incorporation of the Purchasing Card Policy, administered by the Office of Management and Budget, into the Purchasing Manual. The Budget Director has proposed changes to the Purchasing Card Policy, and the County Administrator has approved them. Although the County Administrator has authority to approve changes to the manual, staff presents the changes to the Board and the public as a courtesy. The updated manual will be posted to the County web site for easy access. nicri mrinti• The primary modification to the policy is the authorization for an individual in each department to have a Purchasing Card specifically for the purpose of travel, or Travel P -Card. This individual will be able to book hotel rooms for departmental staff after the planned travel has been approved in accordance with Section 401.1 of the Administrative Manual (Travel Policy). A $5,000 monthly limit is established on each issued Travel P -Card, and the card may only be used for hotels. Another change to the policy was the clarification of the process to request new or changes to P -Cards. RECOMMENDATION Staff recommends the Board note its concurrence with the changes approved by the County Administrator. ATTACHMENTS: Proposed Changes to Section 9 of the Purchasing Manual •• 9. PURCHASING CARD PROGRAM The Purchasing Card Program is administered by the Director of the Office of Management & Budget and is designed to improve efficiency in processing small dollar purchases from any vendor that accepts the credit card. This program allows cardholders to purchase approved commodities and services directly from vendors. Each purchasing card is issued to a named individual, and Indian River County is clearly shown on the card as the governmental buyer of the goods/services. 9.1 AUTHORIZATION The purchasing card system simplifies the procurement/disbursement process. Procurement responsibility is delegated to the ordering department enabling an authorized cardholder to place an order directly with the vendor. When the purchase authorization is requested by the supplier at the point of sale, the purchasing card system validates the transaction against preset limits established by the employee's department and approved by the Purchasing Card Administrator. All transactions are approved or declined (electronically) based on the purchasing card authorization criteria established. The authorization criteria may be adjusted periodically as needed and may include, but are not limited to, the following: A. Number of transactions allowed per day. B. Number of transactions allowed per month. C. Single purchase limit (not to exceed $1,500 — capital items may not be purchased on credit cards). D. Monthly spending limit (not to exceed $2,500.00 or $5,000 for travel P -Cards). E. Approved merchant category codes. The authorization process occurs through the electronic system that supports the purchasing card processing services under the agreement established between Indian River County and the financial services provider. 9.2 RESPONSIBILITIES The following is a summation of the responsibilities of the individuals and organizations involved in the purchasing card system: 32 67 BOARD OF COUNTY �{tIVER� OZ COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A Z, ORI Purchasing Policies and Procedures Manual Updated August 16, 2022 9. PURCHASING CARD PROGRAM The Purchasing Card Program is administered by the Director of the Office of Management & Budget and is designed to improve efficiency in processing small dollar purchases from any vendor that accepts the credit card. This program allows cardholders to purchase approved commodities and services directly from vendors. Each purchasing card is issued to a named individual, and Indian River County is clearly shown on the card as the governmental buyer of the goods/services. 9.1 AUTHORIZATION The purchasing card system simplifies the procurement/disbursement process. Procurement responsibility is delegated to the ordering department enabling an authorized cardholder to place an order directly with the vendor. When the purchase authorization is requested by the supplier at the point of sale, the purchasing card system validates the transaction against preset limits established by the employee's department and approved by the Purchasing Card Administrator. All transactions are approved or declined (electronically) based on the purchasing card authorization criteria established. The authorization criteria may be adjusted periodically as needed and may include, but are not limited to, the following: A. Number of transactions allowed per day. B. Number of transactions allowed per month. C. Single purchase limit (not to exceed $1,500 — capital items may not be purchased on credit cards). D. Monthly spending limit (not to exceed $2,500.00 or $5,000 for travel P -Cards). E. Approved merchant category codes. The authorization process occurs through the electronic system that supports the purchasing card processing services under the agreement established between Indian River County and the financial services provider. 9.2 RESPONSIBILITIES The following is a summation of the responsibilities of the individuals and organizations involved in the purchasing card system: 32 67 Indian River County Purchasing Manual — Effective April 19, 2022 A. Cardholder 1. Hold and secure purchasing cards. 2. Order materials and services. 3. Inform vendor of tax-exempt status prior to processing sale transaction. 4. Obtain all sales receipts and forward to the Department Purchasing Card Representative for authorizing approval. 5. Identify disputed charges. B. Department Purchasing Card Representative. 1. Review charges daily and sign authorizing the charges. 2. Assign and/or verify the appropriateness of account numbers. 3. Assist department cardholders with disputed items. 4. Obtain signature from Department Head. 5. Forward all charge receipts and necessary documentation to Finance daily. Ensure that all receipts for a given month are forwarded to Finance no later than five working days after month end. 6. Collect cards from cardholders that end or transfer employment and notify the Purchasing Card Administrator. 7. Notify the Purchasing Card Administrator of terminated employees immediately. C. Department Head or his/her designee. 1. Request purchasing cards for designated employees. 2. Set departmental and cardholder spending limits within established guidelines. 3. Designate Department Purchasing Card Representatives. 4. Review and sign charge receipts. D. Purchasing Card Administrator 1. Approve requests for purchasing cards submitted by Department Head. 2. Coordinate issuance and cancellation of cards. 3. Coordinate program policy issues. 4. Participate in ongoing program reviews. 5. Participate in resolving billing disputes. 6. Coordinate and maintain internal controls. 7. Maintain procedures and cardholder guides/manuals. 8. Conduct periodic operational and compliance audits. E. Finance 1. Receive approved charge receipts from all cardholders. 2. Confirm that all charges are authorized by Department Head or his/her designee. 3. Reconcile consolidated statement, and notify departments and Purchasing Card Administrator when approved charge receipts are not received. 33 68 Indian River County Purchasing Manual — Effective April 19, 2022 4. Pay all monthly charges from consolidated statement. 5. Process accounting data. 6. File and store statements, receipts, etc. 7. Upon request, provide weekly or monthly statements to the Department Head or his/her designee. 8. Report failure of departments to promptly turn in receipts to the Purchasing Card Administrator, as well as any other violations of the Purchasing Card Policy. F. Purchasing Division 1. Pursue supplier discount opportunities 2. Evaluate purchasing card feedback from suppliers and cardholders. 3. Provide training to all new cardholders and refresher training classes as needed. 9.3 PROCEDURES A. Assignment and Control of the Purchasing Card 1. Requests for and issuance of purchasing cards a. Purchasing cards will be issued to individual employees, County Officers, and elected officials who frequently purchase goods/services in single purchase amounts of less than $1,500.00. b. The purchasing card will have the employee's name and employee ID# issued by the County, the County's name, the County's tax exemption number, and the expiration date. No credit records, social security numbers, etc., of the cardholder will be maintained. C. All requests for purchasing cards must be made by the Department Head by using the Purchasing Card Request/Certification/Receipt form submitted to the Budget Office. d. All requests for new cardholders or for changes to current cardholders will be made byemfig-updating the top portion of the approved and sabmitf+ng a Purchasing Card Request/Certification/ Receipt form, and submitting it to the Purchasing Card Administrator after it has been signed by the Department Head. e. When the Purchasing Card Administrator receives a purchasing card from the issuing card company for a cardholder, the cardholder will be required to personally take receipt of the card and sign the Purchasing Card Acceptance and Cardholder Agreement. The Purchasing Division will provide training and a copy of the Purchasing Card Procedures Guide to the cardholder. f. The Purchasing Card Administrator will notify the requesting department and the Finance Office upon the issuance of all purchasing cards. 34 69 Indian River County Purchasing Manual — Effective April 19, 2022 2. Lost or Stolen Purchasing Cards a. If a purchasing card is lost or stolen, the cardholder or department representative must immediately notify the financial service provider and the Purchasing Card Administrator. b. The cardholder will be responsible for reporting all information necessary to reduce the liability to the County for a lost or stolen card. 3. Termination or Transfer of Cardholder a. When a cardholder ends employment, leaves office, or is transferred to another department, the Department Head (as applicable) must notify the Purchasing Card Administrator immediately, collect the purchasing card, cut it in half, and submit the card to the Purchasing Card Administrator. b. If the department is unable to collect the purchasing card when an employee terminates, the Department Head must immediately notify the Purchasing Card Administrator. The Purchasing Card Administrator will ensure that the card is cancelled. B. Limitation on Use of Purchasing Cards 1. Cardholder Use Only. The purchasing card may be used only by the cardholder whose name is embossed on the card. No other person is authorized to use or maintain a record of the card. Any individual discovered to be using another person's issued card is subject to disciplinary action, up to and including termination. 2. County Purchases Only. The purchasing card is to be used for County - authorized purchases only. The purchasing card cannot be used for any personal use. Any such use will require immediate reimbursement and may result in disciplinary action, which may include dismissal. 3. Dollar Limitations a. The Department Head (as applicable) approving the assignment of a purchasing card will set two limits for each cardholder; a single purchase limit and a 30 -day limit. The maximum limits shall be $1,500.00 for a single purchase and $2,500.00 during the 30 -day billing cycle ($5,000 during the 30 -day billing cycle for the department Travel p -card). A Department Head may set limits lower than this if necessary. Requests for spending limit changes must be initialed and authorized by the Department Head (as applicable) and submitted to the Purchasing Card Administrator. Elected officials and County Officers shall be entitled to the maximum amounts set forth in this policy as it may be amended from time to time. 35 70 Indian River County Purchasing Manual — Effective April 19, 2022 b. A purchase may include multiple items, but the total cannot exceed the cardholder's single -purchase limit. Payment for purchases shall not be split to stay within the single purchase limit. 4. Other Conditions a. Sales taxes (including tourist taxes in the State of Florida) may not be charged by the vendor (with the exception of out-of-state travel). If requested, provide the vendor with the County's sales tax exemption certificate. b. If an item is not immediately available, no back ordering is allowed. 5. Prohibited Uses of Purchasing Cards a. Vendors that will accept Purchase Orders b. Gasoline or oil for County vehicles only (unless cardholder is approved for travel expenses) C. Vehicle repairs or similar services d. Travel expenses, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. e. Training expenditures requiring a travel authorization form, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. f. Cash advances g. Inventory stock items h. Food/Restaurants, unless the cardholder is specifically approved for this use by the Purchasing Card Administrator i. Capital Items ($1,000 or more) j. When department annual needs for like items/services or purchases from the same vendor exceed $1,500.00 annually. k. Any additional goods/services specifically restricted by the Purchasing Division or the department. I. Telephone calls M. Personal items n. Invoices for previously purchased/ordered/received goods and/or services o. Any services requiring licensure with the State/Building Division and/or liability insurance as required by the Administrative Policy. P. Registration for courses, including online courses, unless a travel voucher is submitted with receipt through Budget. 36 71 Indian River County Purchasing Manual — Effective April 19, 2022 6. Travel Expenses a. Some cardholders may receive approval from the Purchasing Card Administrator to charge travel related expense to their purchasing cards. b. Expenses for registration, hotel rooms (lodging) and related parking and resort fees, car rentals and airfare are allowed for such cardholders. C. All travel related expenses must be for official County business and must be made in accordance with Section 112.061, Florida Statutes. d. All cardholders must follow County policies on travel expense in addition to the Purchasing Card Policy. (e.g., completing Travel Approval Prior to Trip Form before making any charges on the Purchasing Card). e. With the exception of each Department's dedicated Travel P -card, 9only travel expenses for the cardholder are authorized. Charges shall not be made for any other employees or travelers other than the cardholder. f. One checked bag is allowable. g. All out of state travel must be preapproved by the County Administrator, per the Travel Policy. h. The departmental travel P -cards will have a limit of $5,000 per month, and may only be used for the purpose of hotel reservations. C. Procedures for Making and Paying for Purchases 1. Online and Telephone Orders a. The cardholder shall ensure a copy of the receipt is obtained. Packing slips are not sufficient documentation. b. Receipts should identify the merchandise purchased. If the merchandise is not sufficiently identified on the order confirmation or receipt provided by the merchant, the cardholder should describe the merchandise sufficiently enough for the Department Director to determine that the purchase was for County purposes. C. The receipt will be forwarded to Finance with the proper authorization signatures on a daily basis, and no later than five business days after the purchase. 2. Missing Documentation 37 72 Indian River County Purchasing Manual — Effective April 19, 2022 Where supporting documentation is missing, the cardholder must contact the vendor and request a duplicate receipt. If the cardholder is unable to obtain documentation, a description of the purchase must be attached. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card and/or disciplinary action. 3. Payment and Invoice Procedures a. The purchasing card company will provide one consolidated statement for all cardholders to Finance. This Statement of Account will list all transactions processed during the previous 30 days. b. Finance will review the statement and receipts, noting any errors and notifying the departments of any discrepancies. The department will determine whether to dispute the item in question. If the item is disputed, follow the procedures below. All items must be resolved within five (5) working days of notification by Finance. D. Disputes. If items purchased with the purchasing card are defective, the cardholder must return the item(s) to the vendor for replacement or credit. If the service paid for with a purchasing card is faulty, the vendor must be notified and asked to correct the situation or provide a credit. If the vendor refuses to replace or correct the faulty item or service, the purchase will be considered in dispute. E. Review of Purchases by Departments 1. Because of their knowledge of the job responsibilities and requirements, Department Heads or designees are required to review each purchasing card expenditure (item purchased, amount and vendor) to ensure the goods/services were necessary and for official use. 2. When the Department Head is not satisfied that the purchase was necessary and for official use, the cardholder must provide either a credit voucher proving the item(s) were returned for credit or a personal check for the full amount of the purchase. Checks must be sent to Finance with an explanation and account number to credit. A copy of the check and explanation must be forwarded to the Purchasing Card Administrator. 3. Serious or repeated misuse of the purchasing card will result in the revocation of the card. Employees incorrectly using their purchasing card will be disciplined by the Department Head/ manager as necessary. 4. To help the departments in their reviews, management reports will be available from the Purchasing Card Administrator or Finance. F. Abuse/Violations 38 73 Indian River County Purchasing Manual — Effective April 19, 2022 1. Participation in the Indian River County Purchasing Card Program is a convenience that carries responsibilities along with it. Although the card is issued in a cardholder's name, it is County property and should be used with good judgement. Improper use of the card can be considered misappropriation of County funds which may result in disciplinary action, up to and including termination. Cardholders are expected to comply with internal control procedures in order to protect County assets. This includes keeping receipts, providing the receipts to Finance within three business days, resolving discrepancies and following proper card security measures. 2. The Department Purchasing Card Representatives and Department Heads should notify the Purchasing Card Administrator if a cardholder abuses the program or violates the procedures. 3. The Purchasing Card Administrator will conduct operational and compliance audits to determine if the program is being abused or procedures are being violated. 4. Misuse of the Purchasing Card may result in disciplinary or other appropriate action. In instances where violations, abuse or misuse of the Purchasing Card rise to level of a serious violation, the issue will be reported to the supervisor, and disciplinary action, up to and including dismissal, may result, in accordance with County policy. 5. Abuse, misuse, and violations include, but are not necessarily limited to the following: a. Use of card for unauthorized or prohibited items/services (See 9.3.6.5). b. Multiple transactions to circumvent Purchasing procedures. C. Failure to provide proper documentation, receipts, invoices, etc. within five business days. d. Purchase of Capital Outlay items. e. Purchase from vendors which create a conflict of interest. f. Personal charges. g. Allowing another person to use the card. h. Failure to report a lost or stolen card in a timely manner. 6. The following steps will generally be taken to address misuse/abuse/violations: a. First Offense: Cardholder and supervisor will be notified verbally of the violation. b. Second Offense: Cardholder will receive written notice of violation through his or her supervisor. 39 74 Indian River County Purchasing Manual — Effective April 19, 2022 C. Third Offense: Purchasing Card privilege will be revoked and additional disciplinary action may be taken by the department. 40 75 MC CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 2, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Increase PO 93191 to ServiceMasters by Glenn BACKGROUND: On April 9, 2022, a water pipe on the first floor of the IRC Health Department Building (1900 27th Street) broke, and led to flooding in the building. Because the break happened over a weekend, the Facility Manager, with the concurrence of the Public Works Director, contacted ServiceMasters by Glenn ("ServiceMasters") to provide emergency remediation assistance. The initial damage assessment indicated wet drywall, furniture and some flooring in the northeast corner of the building. An initial quote for the remediation was provided by the vendor at $40,403.98, and Purchase Order 93191 authorized by the County Administrator. Once remediation was underway, more water damage was noted to fixed cabinets and additional flooring causing a necessary increase to the PO from $40,403.98 to $62,337.12, which was also approved by the County Administrator. As the work progressed, it was determined that it would be most efficient and cost effective for the same vendor to complete the necessary repairs to the drywall and flooring, at the same time as the remediation was taking place. These additional costs are in the amount of $49,808.39, which would increase the total amount allocated on the PO to $112,145.51. Id I I'Ll I -amffrec Funds are available in the Self-Insurance/Risk Management/General Liability Insurance Fund, Account # 50224619-034530 RECOMMENDATION: Staff recommends the Board of County Commissioners waive the requirement for bids, approve the increase of PO 93191 to $112,145.51, and authorize the County Administrator to approve up to $10,000 more, if determined necessary to complete the work. W JW 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 2, 2022 Subject: Miscellaneous Budget Amendment 007 Description and Conditions: 1. On July 5, 2022, the Board of County Commissioners approved funding the cost to dismantle and transport the Fire Tower located adjacent to Fire Station 13. Exhibit "A" appropriates funding of $97,326 from Emergency Services/Fire Rescue/Reserve for Contingency. 2. On July 12, 2022, the Board of County Commissioners approved the renewal of the annual HUD Grants for the Continuum of Care (CoC) Program. Exhibit "A" appropriates the revenues and expenses for these grants in the amount of $1,121,976. 3. The Department of Juvenile Justice has increased the annual amount due from Indian River County to $548,615 effective July 1, 2022. Exhibit "A" appropriates an additional $9,973 to cover payments through September 30, 2022 from General Fund/Reserve for Contingency. 4. On July 5, 2022, the Board of County Commissioners approved the Florida Department of Transportation Section 5307 and Section 5339 grants. Exhibit "A" appropriates $3,348,741 for the Section 5307 grant and $455,971 for the Section 5339 grant revenues and expenses. 5. The Building Department has requested $185,000 in additional funds for Supplemental Inspector Services. Additional revenues in building permits and planning exam fees can fund the additional expense. Exhibit "A" appropriates the revenues and expenses. 6. The Sandridge Golf Course's revenues have exceeded expectations. Exhibit "A" appropriates an additional $183,100 in revenues and expenses. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2021-22 budget. 77 RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2021-2022 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2021-2022 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 2021-2022 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 2021-2022 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2022. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners go APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 78 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 007 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease 1. Expense Emergency Services/Fire Rescue/Other Contractual Services 11412022-033490 $97,326 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $97,326 HUD Grants/COCWIDE TRA FL0113L4H092109 136033-331601-22803 $118,992 $0 HUD Grants/ALCOHOPE FL01141-41-1092114 136033-331601-22804 $94,992 $0 HUD Grants/HMIS FL0116L4H092114 136033-331601-22805 $35,400 $0 HUD Grants/NEW CHRONICS FL0119L4H092114 136033-331601-22806 $361,344 $0 Revenue HUD Grants/COC TRA TWO FL0338L4H092108 136033-331601-22807 $94,992 $0 HUD Grants/IR CHRONIC FL0360L4H092112 136033-331601-22808 $124,212 $0 HUD Grants/FAM RENT FL03801-41-1092107 136033-331601-22809 $119,904 $0 HUD Grants/HMIS DATA FL04181-41-1092109 136033-331601-22810 $27,840 $0 2. HUD Grants/NEW HORIZONS FL04401-41-1092110 136033-331601-22811 $144,300 $0 HUD Grants/COCWIDE TRA FL01131-41-1092109 13616364-036730-22803 $118,992 $0 HUD Grants/ALCOHOPE FL01141-41-1092114 13616364-036730-22804 $94,992 $0 HUD Grants/HMIS FL01161-41-1092114 13616364-088871-22805 $35,400 $0 HUD Grants/NEW CHRONICS FL01191-41-1092114 13616364-036730-22806 $361,344 $0 Expense HUD Grants/COC TRA TWO FL03381-41-1092108 13616364-036730-22807 $94,992 $0 HUD Grants/IR CHRONIC FL03601-41-1092112 13616364-036730-22808 $124,212 $0 HUD Grants/FAM RENT FL03801-41-1092107 13616364-036730-22809 $119,904 $0 HUD Grants/HMIS DATA FL04181-41-1092109 13616364-088871-22810 $27,840 $0 HUD Grants/NEW HORIZONS FL04401-41-1092110 13616364-036730-22811 $144,300 $0 3. Expense General Fund/Dept of Juvenile Justice 00111023-088990 $9,973 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $9,973 Revenue General Fund/FTA Section 5307 Grant -SRA 001033-331410 $3,348,741 $0 4. General Fund/FTA Section 5339 Grant -SRA 001033-331410 $455,971 $0 Expense General Fund/SRA/Community Transportation Coordinator 00111041-088230-54001 $1,555,383 $0 General Fund/SRA/Other Machinery & Equipment 00111041-066490-54001 $2,249,329 $0 Building Dept/Building Permits -City 441032-322011 $60,000 $0 5. Revenue Building Dept/Planning Exam Fees -County 441032-322030 $90,000 $0 Building Dept/Permit Reinspection -County 441032-322050 $35,000 $0 Expense Building Dept/Contracted Labor Services 44123324-033470 $185,000 $0 I of 2 79 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 007 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease Revenue Sandridge/Pro Shop Sales 418034-347231 $70,000 $0 Sandridge/18 Hole Card Fees 418034-347233 $113,100 $0 Sandridge/Admin/Clubhouse/Other Professional Services 41823672-033190 $500 $0 6. Sandridge/Admin/ClubhouseMater & Sewer Services 41823672-034320 $3,100 $0 Expense Sandridge/Admin/Clubhouse/Fuel & Lubricants 41823672-035210 $10,000 $0 Sandridge/Admin/Clubhouse/Pro Shop 41823672-035630 $116,500 $0 Sandridge/Admin/Clubhouse/Credit Card Fees 41823672-035680 $45,000 $0 Sandridge/Admin/Clubhouse/Depreciation 41823672-036610 $8,000 $0 2 of 2 80 Wa CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 3, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of RFP 2022060 - Mental Health Coordinator Services BACKGROUND: On behalf of the Emergency Services Department, a Request for Proposals (RFP) was issued for licensed mental health professionals for Mental Health Coordinator Services, to assist in the oversight and implementation of mental health and wellness programs for first responders. Some of the services needed include management and implementation of a Behavioral Health Access Program (BHAP), providing guidance on programs and policies relating to mental health and substance abuse, and incident response. RFP RESULTS: Advertising Date: June 1, 2022 RFP Opening Date: June 17, 2022 Solicitation Broadcast to: 212 Subscribers RFP Documents Requested by: 4 Firms Replies: 2 Providers Proposing Provider Location Proposed Annual Price 1. Nursing Events Management Productions Plantation $281,200 2. Kate Priest, LCSW LLC dba Heartspace Counseling Port St. Lucie $60,000 ANALYSIS: The RFP stated the Department is seeking the services of licensed mental health professionals, and noted that the selected provider must maintain that license for the duration of the agreement. During review of the credentials supplied, Kathryn F. Priest, LCSW was found to be actively registered in Florida as a Licensed Clinical Social Worker. The only licensure held by Nursing Events Management Productions is an Advance Practice Registered Nurse (APRN). Their proposed mental health counselor was not found to hold any license. CONSENT Staff finds Nursing Events Management Productions to be non -responsible, as defined in the Purchasing Manual, as they do not have "the capability in all respects to fully perform the contract requirements... as determined by the County." In addition to the lack of licensure, their submitted expertise is in youth mental health first aid, and not applicable to the Department's needs. A selection committee comprised of Dave Johnson, Director, Emergency Services Department, Steve Greer, Battalion Chief, Thomas Schilling, Lieutenant, and Dustin Hawkins, Chaplain/Lieutenant met to discuss the proposals, and determined Kate Priest, LCSW LLC dba Heartspace Counseling ("Heartspace") to meet or exceed the requirements of the RFP. The provider has worked with other local agencies in the development of their BHAPs, and has completed courses, certifications, and registrations specific to the needs of firefighters and paramedics. FUNDING: Expenses incurred for mental health coordinator services are budgeted and available for Fiscal Year (FY) 2021/2022 in the amount of $15,000 in the Emergency Services District/Fire Rescue/Other Professional Services account (11412022-033190). The annual cost for FY 2022/2023 is $60,000. There is $40,000 budgeted for FY 2022/2023, therefore a budget amendment may be necessary next fiscal year to cover the shortfall. Description Account Amount Emergency Services District/Fire Rescue/Other Professional Services 11412022-033190 $15,000 (FY 21/22) $60,000 (FY 22/23) RECOMMENDATION: Staff recommends the Board award the mental health coordinator services to Kate Priest, LCSW LLC dba Heartspace Counseling, approve the sample agreement, and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT Sample Agreement FIN 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 Kate Priest, LCSW, LLC (hereinafter called COORDINATOR). OWNER and COORDINATOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK COORDINATOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The services to be provided include: 1. Implement and manage a Behavior Health Access Program, as provided for by Department policy; This document will be provided only to the successful proposer, and not released as part of this RFP; 2. Evaluate the Department's Behavioral Health Access Program (BHAP) and make recommendations for improvement and required training to the ESD/Fire Chief. 3. Shall respond to, or coordinate a response to, the following incidents within two hours after first notification: (1) major disasters or mass casualty incidents, (2) serious injury, death, or suicide of a Department employee, (3) serious injury or death of any person related to a call for service; (4) any incident that may attract media attention, (5) cumulative trauma; and (6) upon reasonable request of the Department; 4. Establish, oversee, and manage the Department's Clinician Response Team and other mental health professionals that work with the Department's BHAP; 5. Be a member of the Department's Mental Health and Wellness Group; meetings will be held at a minimum of every 60 days. 6. Provide guidance, advice, and propose programs to the Department's Mental Health and Wellness Group; 7. Provide advice and guidance to Department's Peer Support and Critical Incident Stress Management teams and be available for briefings, debriefings, and defusing; 8. Provide advice and guidance to Department's Chaplaincy, related to mental health and substance abuse; 9. Review, advise on, and approve all Department policies relating to mental health and substance abuse; 10. Establish and create, with the assistance of Department staff mental health and substance abuse training and educational material for Department staff; 11. At all times during the Term of this Agreement, maintain their Licensed Clinical Mental Health Counselor designation. It is acknowledged that the Coordinator is a licensed mental health professional. However, at no time shall the Coordinator provide any mental health services or substance abuse advice, treatment, or counseling to a civilian not affiliated with the department. The resulting Agreement for services will not prohibit the Coordinator from treating any Department employee for mental health or substance abuse separately, in their private practice, and outside this Scope of Work. 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: Mental Health Coordinator Services RFP Number: 2022060 ARTICLE 3 - CONTRACT TIMES The term of this award is three years from the effective date, with two additional two-year terms available, based on mutual consent and OWNER's determination that renewal is in the best interest of the County. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay COORDINATOR 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 4.01.13, below: A. For all Work, at the prices stated in COORDINATOR's Cost Proposal B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 60,000.00 Annually Written Amount: Sixty Thousand dollars and zero cents annually. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment The OWNER shall make monthly $5,000 payments to the COORDINATOR, on the basis of submitted invoices approved by the Fire Chief or his designee, in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. ARTICLE 6 - INDEMNIFICATION 6.01 COORDINATOR 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 EM COORDINATOR and persons employed or utilized by the COORDINATOR in the performance of the Work. ARTICLE 7 - COORDINATOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement COORDINATOR makes the following representations: A. COORDINATOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. COORDINATOR 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. COORDINATOR 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. COORDINATOR 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 COORDINATOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by COORDINATOR, and safety precautions and programs incident thereto. E. COORDINATOR 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. COORDINATOR 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. COORDINATOR has correlated the information known to COORDINATOR, 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. COORDINATOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that COORDINATOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to COORDINATOR. 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. COORDINATOR 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 M. the duration of this agreement, as required by Section 448.095, F.S. COORDINATOR 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) Request for Proposals 2022060; (5) COORDINATOR'S Submitted Proposal; (6) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (7) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (8) Certification Regarding Lobbying; (9) 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 Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and COORDINATOR 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 M 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 COORDINATOR, 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 COORDINATOR shall comply with Florida's Public Records Law. Specifically, the COORDINATOR shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the COORDINATOR 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 COORDINATOR or keep and maintain public records required by the County to perform the service. If the COORDINATOR transfers all public records to the County upon completion of the contract, the COORDINATOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the COORDINATOR keeps and maintains public records upon completion of the contract, the COORDINATOR 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 COORDINATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COORDINATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 M. publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the COORDINATOR to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and COORDINATOR will adhere to the following, as applicable to this work, if any will become funded by a federal agency (such as FEMA): A. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the COORDINATOR is required to verify that none of the COORDINATOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The COORDINATOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the COORDINATOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. B. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the COORDINATOR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The COORDINATOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. C. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial L. . or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. D. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. E. Access to Records: The following access to records requirements apply to this contract: (1) The COORDINATOR agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the COORDINATOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The COORDINATOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The COORDINATOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the COORDINATOR acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. F. DHS Seal, Logo, and Flags: The COORDINATOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. G. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The COORDINATOR will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 01 H. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, COORDINATOR, or any other party pertaining to any matter resulting from the contract. I. Program Fraud and False or Fraudulent Statements or Related Acts: The COORDINATOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by COORDINATOR 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 COORDINATOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if COORDINATOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion COORDINATOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if COORDINATOR assigns this Contract or any money accruing thereon or approved thereon; or (S) if COORDINATOR 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 COORDINATOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify COORDINATOR in writing of the grounds for termination and provide COORDINATOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the COORDINATOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying COORDINATOR in writing. Upon receiving such notification, COORDINATOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize COORDINATOR to restore any work sites. D. The COORDINATOR 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 COORDINATOR's services and work for OWNER's convenience. Upon receipt of notice of such termination COORDINATOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or 91 supplies in connection with the performance of this Contract. Upon such termination COORDINATOR 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 COORDINATOR as are permitted by the prime contract and approved by the OWNER. COORDINATOR 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: COORDINATOR certifies that it and those related entities of COORDINATOR 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, COORDINATOR certifies that it and those related entities of COORDINATOR 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 COORDINATOR 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 COORDINATOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and COORDINATOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and COORDINATOR. All portions of the Contract Documents have been signed or identified by OWNER and COORDINATOR or on their behalf. This Agreement will be effective on 2022 (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: COORDINATOR: By: Peter D. O'Bryan, Chairman (COORDINATOR) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: David Johnson Title: Director, Emergency Services Address: 4225 43rd Ave, Vero Beach, FL 32967 Phone: 772-226-1977 Email: djohnson@ircgov.com Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If COORDINATOR is a corporation or a partnership, attach evidence of authority to sign.) 93 0 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 3, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Firms and Award of RFP 2022070 for Website Redesign and Content Management System BACKGROUND: On April 5, 2022, the Board authorized staff to develop and issue a Request for Proposals ("RFP") for a Content Management System ("CMS") and redesign of the existing County website, and request a budget amendment, if necessary, to fund commencement of the project during the current fiscal year. RFPs were advertised on July 1, 2022, and five responsive proposals were received by the deadline on July 22, 2022. ANAI YCI[• A selection committee comprised of Dan Russell, Director, Information Technology, Randy King, Information Systems & Telecommunications Manager, and Scott Johnson, Webmaster independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. These scores were compiled by the Purchasing Manager to develop an overall initial ranking of firms. The committee determined interviews were not necessary and declared the initial rankings of firms final. The estimated timeline to develop and launch the new website and system from Revize is 16-21 weeks after execution of the agreement. Their Florida agency customers include Citrus and Proposing Firm 1St year 2nd year 3rd year 4th year Total 4 -year Cost 1 Revize LLC $82,900 $9,700 $9,700 $9,700 $112,000 2 Planeteria Media $105,760 $10,800 $10,800 $10,800 $138,160 3 Qscend Technologies, Inc. $25,430 $25,430 $25,430 $25,430 $101,720 4 The Zimmerman Agency $117,500 $30,000 $30,000 $30,000 $207,500 5 ITR Consulting, LLC $53,200 $28,800 $30,500 $34,800 $147,300 6 SGS Technolgie (non-responsive) N/A N/A N/A N/A N/A The estimated timeline to develop and launch the new website and system from Revize is 16-21 weeks after execution of the agreement. Their Florida agency customers include Citrus and CONSENT Wakulla Counties, and the Cities of Bushnell, Cape Canaveral, Cape Coral, Largo, Holmes Beach, St. Petersburg, and Treasure Island. FUNDING: The cost of the design and implementation of the website is $82,900 and will be charged to the asset account, Information Technology/Software, Account # 505-166153. As this is a capital expense in an Internal Services Fund, the expense will be funded with cash reserves and no budget amendment is required at this time. RECOMMENDATION: Staff recommends the Board approve the committee's final rankings of firms and award RFP 2022070 to Revize LLC. Staff also recommends the Board approve the agreement and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. Attachment Agreement 95 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 Revize LLC (hereinafter called SUPPLIER). OWNER and SUPPLIER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK SUPPLIER shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: • Task 1. Project Discovery/ Planning • Task 2. Mockup Designs • Task 3. Template Development • Task 4. Functional Testing • Task 5. Site Map Completion and Content Migration • Task 6. Site Review • Task 7. Training • Task 8. Site launch 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: Website Redesign & Content Management System RFP Number: 2022070 Project Address: 1800 27`h Street, 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 120th day after the date when the Contract Times commence to run. TICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay SUPPLIER for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A below: 1 96 A. For all Work, at the prices stated in SUPPLIER's Price Proposal, summarized below. For the initial non-recurring work described in this solicitation: Task Proposed Hours Proposed Amount 1. Project Discovery/ Planning 35-40 $4,500 2. Mockup Designs 130-150 $18,500 3. Template Development 220-225 $27,600 4. Functional Testing 60-70 $8,200 5. Site Map Completion and Content Migration 60-70 $8,400 6. Site Review 20-25 $3,100 7. Training Unlimited Training $2,900 8. Site launch 10-20 $included Total First Year $82,900 For the recurring annual costs for self -hosted solution: Services I Year 2 Year 3 Year 4 1. Annual Maintenance and Support Services $9,700 $9,700 $9,700 ARTICLES- PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the SUPPLIER on the basis of the approved partial payment request as recommended by County staff in accordance with the mutually agreed to schedule milestones and 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 SUPPLIER until final completion and acceptance of all work to be performed by SUPPLIER under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the SUPPLIER'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which 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. 97 ARTICLE 6 - INDEMNIFICATION 6.01 SUPPLIER 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 SUPPLIER and persons employed or utilized by the SUPPLIER in the performance of the Work. ARTICLE 7 - SUPPLIER'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement SUPPLIER makes the following representations: A. SUPPLIER has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. SUPPLIER 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. SUPPLIER 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. SUPPLIER 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 SUPPLIER, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by SUPPLIER, and safety precautions and programs incident thereto. E. SUPPLIER 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. SUPPLIER 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. SUPPLIER has correlated the information known to SUPPLIER, 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. SUPPLIER has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that SUPPLIER has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to SUPPLIER. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3 98 J. SUPPLIER 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.. SUPPLIER 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) Certificate(s) of Liability Insurance; (3) Request for Proposals 2022070; (4) Addendum 1; (5) SUPPLIER'S submitted proposal; (6) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (7) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (8) Certification Regarding Lobbying; (9) Certificate of Debarment; (10) 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 Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and SUPPLIER 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. M 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 SUPPLIER, 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 SUPPLIER shall comply with Florida's Public Records Law. Specifically, the SUPPLIER shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the SUPPLIER 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 SUPPLIER or keep and maintain public records required by the County to perform the service. If the SUPPLIER transfers all public records to the County upon completion of the contract, the SUPPLIER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUPPLIER keeps and maintains public records upon completion of the contract, the SUPPLIER 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 SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE 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 SUPPLIER to comply with these requirements shall be a material breach of this Agreement. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by SUPPLIER 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 SUPPLIER is improperly performing work or violating any provision(s) of the Contract Documents; (2) if SUPPLIER neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion SUPPLIER's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if SUPPLIER assigns this Contract or any money accruing thereon or approved thereon; or (5) if SUPPLIER 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 SUPPLIER or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify SUPPLIER in writing of the grounds for termination and provide SUPPLIER with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the SUPPLIER fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying SUPPLIER in writing. Upon receiving such notification, SUPPLIER shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize SUPPLIER to restore any work sites. D. The SUPPLIER 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 SUPPLIER's services and work for OWNER's convenience. Upon receipt of notice of such termination SUPPLIER shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies 6 101 in connection with the performance of this Contract. Upon such termination SUPPLIER 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 SUPPLIER as are permitted by the prime contract and approved by the OWNER. SUPPLIER shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: SUPPLIER certifies that it and those related entities of SUPPLIER 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, SUPPLIER certifies that it and those related entities of SUPPLIER 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 SUPPLIER 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 SUPPLIER, 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. 102 IN WITNESS WHEREOF, OWNER and SUPPLIER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and SUPPLIER. All portions of the Contract Documents have been signed or identified by OWNER and SUPPLIER or on their behalf. This Agreement will be effective on , 20__Ithe 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: Peter D. O'Bryan, 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: Dan Russell Title: Director, Information Technology Address: 180127 th Street, Vero Beach, FL 32960 Phone: 772-226-1698 Email; drussell@ircgov.com SUPPLIER: By: (Supplier) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If SUPPLIER is a corporation or a partnership, attach evidence of authority to sign.) 8 103 1as CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: August 4, 2022 From: Kristin Daniels Director, Office of Management & Budget Subject: Outside Agency Funding Policy Revisions — Children's Services Agencies Background The Board of County Commissioners established an Outside Agency Funding Policy on February 19, 2002. Revisions to the policy were subsequently made on November 3, 2009, May 16, 2017, and again on March 15, 2022. Periodically, the policy needs to be reviewed and updated in order to memorialize any necessary changes. On May 17, 2022, the Board of County Commissioners approved various changes to the Children's Services Advisory Committee Ordinance including issues raised in the proposed Children's Trust special dependent district ordinance, an increase in the millage cap from 0.1250 mills to 0.2500 mills, as well as changes in membership and duties of the Children's Services Advisory Committee, and the various sub- committees. Because the Children's Services Agencies section of the Outside Agency Funding Policy references the date the original ordinance was approved, the original ordinance number, and the original millage cap, revisions to the Policy must be made to reflect these changes. Recommendation Staff recommends that the Board of County Commissioners approve the aforementioned revisions to the Outside Agency Funding Policy. Attachment Agenda Item from May 17, 2022 Ordinance 2022-007 Proposed Outside Agency Funding Policy Outside Agency Funding Policy March 2022 Strikethrough Version Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Hearings - B.C.C. 5.17.22 Of ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 11, 2022 SUBJECT: Children's Services Advisory Committee Ordinance BACKGROUND. After initially considering establishing a Children's Trust special dependent district, on March 1, 2022, the Indian River County Board of County Commissioners ("Board") voted not to place the Children's Trust special dependent district referendum on the November 2022 ballot. The Board did however vote to direct the County Attorney's Office to move forward with an ordinance changing aspects of Part II (Children's Services Advisory Committee) of Chapter 103 (Commissioners and Boards) of the Indian River County Code of Ordinances (the "Code") to address many of the issues raised in the proposed Children's Trust special dependent district ordinance. In addition to the changes previously addressed as part of that process, the Board additionally directed the County Attorney's Office to include business experience as a qualification for the community appointed members appointed by the Board. Also, the Board included an increase in the millage cap from the current limit of 0.125 to 0.25. Pursuant to the Board's direction, the County Attorney's Office made those revisions to the draft ordinance and scheduled the matter for a public hearing on May 10th. On May 10th, the Board made several changes to the draft ordinance involving membership and duties of the Children's Services Advisory Committee and the various sub -committees. The Board then continued the public hearing until May 17th. The County Attorney's Office has revised the ordinance to reflect those changes. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the draft ordinance as revised. FUNDING. The cost associated with this item was the cost of publication of the notice of public hearing in the amount of $135.09 which is paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the revised draft ordinance. ATTACHMENT. Revised Draft Ordinance C:IGranicaslLeotar51L51Te,WL389da4561J5-4663-9d9a-5ee2c Pd955.do 105 ORDINANCE NO. 2022.OO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING PART it (CHILDREN'S SERVICES ADVISORY COMMITTEE) OF CHAPTER 103 (COMMISSIONS AND BOARDS) TO UPDATE VARIOUS ASPECTS OF THE CHILDREN'S SERVICES ADVISORY COMMITTEE, INCLUDING MEMBERSHIP, FUNDING AND DISTRIBUTION OF FUNDS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE. WHEREAS, Indian River County is among Florida's richest counties; and WHEREAS, Indian River County has the 1011 largest income gap between the top 1 percent and bottom 99 percent of earners out of 3,061 counties in the United States; and WHEREAS, children and youth under age 18 represent 16% of Indian River County's population; and WHEREAS, 16% of Indian River County children live in poverty and an additional 33% of Indian River County children live in households that are one financial emergency or missed paycheck away from poverty; and WHEREAS, a network of organizations serving children and families in Indian River County has for decades demonstrated a trusted and verifiable track record of operating proven programs and developing promising practices that deliver measurable results by improving the health, education, economic opportunity and housing conditions for this vulnerable population; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, Indian River County's children need enhanced services; and WHEREAS, 7.5% of babies born in Indian River County each year are considered low birth weight, and 10.9% are preterm; and WHEREAS, 42% of children in Indian River County are not prepared to enter kindergarten; and WHEREAS, as many as 50% of children with developmental delays or disorders are not diagnosed or properly treated before they start school; and WHEREAS, 54% of students in Indian River County are eligible for free & reduced lunch; and i ORDINANCE NO. 2022- 00 WHEREAS, in Indian River County only 60% of children in 3rd grade read on grade level and only 53% of 8th graders are proficient in 8th grade math; and WHEREAS, over 1,500 reports of suspected child abuse in Indian River County are regularly received by the Department of Children and Families in a given year; and WHEREAS, over 10% of middle school age children report using alcohol in the past 30 days; and WHEREAS, 28% of Indian River County students are chronically absent; and WHEREAS, Indian River County's teen pregnancy rate of 22.7/1000 is higher than the state's average of 19.7/1000; and WHEREAS, Indian River County's hospitalization rate for youth for mood and depressive disorders is twice that of the state of Florida; and WHEREAS, quality programs addressing these needs pay for themselves many times over and the cost of inaction is a tragic loss of human and economic potential that we cannot afford, WHEREAS, the Indian River County Board of County Commissioners determines that it is in the best interests of the health and well-being of our children and broader community to modify the provisions Part 11 (Children's Services Advisory Committee) of Chapter 103 (Commissioner and Boards) to strengthen the process of funding children's programs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. 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 Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by str+kethfeugh. Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida, is hereby amended to read as follows - 2 107 ORDINANCE NO. 2022- 007 CHAPTER 103. — COMMISSIONS AND BOARDS. PART 11. CHILDREN'S SERVICES ADVISORY COMMITTEE. Section 103.20. - Purpose. The purpose of the children's services advisory committee is to promote healthy sh+l�ren the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental and educational health. Section 130.21. - Objective. (1) The objective of the children's services advisory committee is to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed by the children's services advisory committee.: (2) Definition of child. Any person who has not attained the age of eighteen (18) years, also minor. (3) This objective will be met by the children's services advisory committee through the powers and functions of the board of county commissioners as follows: a) Recommended to provide and maintain in the county, services for children as the children's services advisory committee determines are needed for the general well-being of the county. b) Collect information and statistical data and conduct research helpful to the children's services advisory committee and the county in deciding the needs of children in the county. c) Consult, collaborate, and coordinate with other agencies dedicated to the well- being of children to the end that unnecessary duplication of services will be prevented. d) Recommend the allocation of funds to agencies that provide services for the benefit of children in Indian River County. e) Recommend standards for evidence based measurable outcomes within the request for proposal and monitor the agencies for actual performance on agreed upon standards. f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. 1: ORDINANCE NO. 2022- ()() Section 103.22. - Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of thifteeR-x- ) fifteen (15) voting members who must be residents of Indian River County as follows: a) Six -{4) Seven 7 ex -officio voting members. Those members shall be: 1. County Commissioner 2. Judge living in Indian River designated by Chief Judge 3. Superintendent of Schools 4. Department of Children and Families, Adm+Ristirater #eF lRG Circuit 19 Community Development Administrator 5. Department of Health County Health Department Administrator 6. Law Enforcement officer 7. Representative from the Indian River County Hospital District. b) Five (5) voting members from the community appointed by the board of county commissioners: re€lesti g- t#e- eekand seGial diveFsity oof—t#e +4+t. Each commissioner shall appoint one member to represent his/her district..-, which individuals shall have some form of expertise in the arena of children's services, such as a physician, licensed mental health professional child advocate or someone with business experience. c) Two (2) at -large voting members shall be appointed by the board of county commissioners. d) One voting member, appointed by the board of county commissioners who is an accountant. certified financial officer, certified financial planner or has significant financial experience. (2) Reserved. (3) The seveR-{-7j members appointed by the board of county commissioners shall have been residents of Indian River County for at least twenty- four (24) months prior to nomination. Such members shall be appointed for four- year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. 4 109 ORDINANCE NO. 2022- ()() (4) MeFnbeF& appeinted as distFiGt members Fnay he RzmlaGed _a a• a• aiStFiGt requests the •• a a- -• Reserved. (5) No designee of principals will be allowed for any member of the children's services advisory committee. �!• s -a sY-4he GGURty adMiRiGtFatGF, aGting as the .. -• (7) Officers: Officers will include a chair, appointed by the board of county commissioners, vice chair, and standing sub -committee chairs. Officers excluding the chair will be elected by the majority vote of the children's services advisory committee members each January and will assume the duties of their office on the regular meeting on the second Monday of the next meeting each year. The term as an officer, other than a county commissioner, will be for one year, but officers may succeed themselves. (8) Except in the event of a conflict between with this Chapter, the children's services advisory committee shall be subject to the provisions of Chapter 103 of the Indian River County Code of Ordinances. Section 103.23. - Duties of the children's services advisory committee members. (1) Identify and assess the needs of the children in Indian River County and submit to the board of county commissioners a written description of: a) The activities, services, and opportunities available to Indian River County children. b) The activities, services, and opportunities that need to be provided to Indian River County's children. c) The anticipated schedule for providing those activities, services, and opportunities. d) The mariner in which children will be served, including a description of collaboration and partnerships that will be made with community organizations, state and local educational agencies, federal agencies, public assistance agencies, the juvenile courts, foster care agencies, and other applicable public and private agencies and organizations. e) The strategy that will be used for interagency coordination and collaboration to maximize existing human and fiscal resources. 5 110 ORDINANCE NO. 2022- uo f) The special outreach efforts that will be undertaken to provide services to promote healthy children. (2) Provide orientation to all new children's services advisory committee members. to allow them to perform their duties and understand the Sunshine Law. (3) Based upon board of county commissioner's fiscal year, provide an annual written report and presentation in January to the board of county commissioners, including program updates/highlights. outcome data and performance and fiscal reports from each funded organization. (4) Provide an updated short term and long-term plan to the board of county commissioners to include, but not limited to.- a) o: a) Programs, services, and activities that meet the objectives of the children's services advisory committee, including recommendations on best practices, programs and services to be implemented outside the RFP process set forth below. b) A detailed budget for activities, services, and programs recommended to receive funding from the board of county commissioners. (5) Work with staff and sub -committees to review and update the procedure manual as set forth in section 103.31 of this Chapter, to be presented to the board of county commissioners for approval every two years. Section 103.24. - Sub -committees. (1) The children's services advisory committee may establish the change of membership in or termination of the existence of any sub -committees, Each sub- committee shall be named and shall have and may exercise such powers as delegated by the children's services advisory committee through the board of county commissioners. Sub -committees may be composed of children's services advisory committee members and citizens who are Indian River County residents, with an effort to broadly represent the county, geographically and socioeconomically. Each sub -committee shall have one member who is an ex officio member of the children's services advisory committee who is a board of county commissioners appointed member to the children's services advisory committee who shall serve as chair of the sub -committee. There shall be no other children's services advisory committee members on the sub -committees. 9r[y r.hildFen's services advisory -,911 mitee members shall A-mini-sUb-,GGMR11ttee (2) There shall be standing sub -committees created by the children's services advisory committee. The children's services advisory committee chair shall appoint 111 ORDINANCE NO. 2022- 00 71 the sub -committee chairs with the approval of the children's services advisory committee. Annually standing sub -committees will evaluate their effectiveness and make recommendations to the children's services advisory committee. s �. ... a se_ s � _e -•••• a se_ s s - ab) Community needs assessment and planning sub -committee: Shall be comprised of no fewer than 5 and no more than 9 members. Members may serve no more than three (3) two (2) year terms. A one (1) year absence shall be required before members may re -apply to serve on the sub -committee. The sub- committee shall Identify and assess the needs of children of Indian River County through a needs assessment and asset mapping; submit to the board of county commissioners through the children's services advisory committee a written description of those needs. Provide and update short term and long term plan to the children's services advisory committee including, but not limited to, programs, services and activities that meet the objectives of the children's services advisory committee.: bc) Grant review and program sub -committee: Shall be comprised of no fewer than 9 and no more than 15 members. Members may serve no more than three (3) two (2) year terms. A one (1) year absence shall be required before members may re- apply to serve on the sub -committee. In coordination with the executive office director, review and revise requests for proposal (RFP) based on need determination and set priorities. Submit to children's services advisory committee for approval. Review and recommend letters of intent submitted by agencies requesting funding. T#roug4--exe­Gt­tive e#G—direst etif„ seleGted gran apgl+sar Lef-seser�d-- tep-PraGess: Review final RFPs and make recommendations for funding to children's services advisory committee, who will then recommend to the board of county commissioners for funding. Receive, review and present to children's services advisory committee members' quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. cd) Other sub -committees deemed necessary to fulfill the duties of the children's services advisory committee may be established by the children's services advisory committee chair, with the expressed consent of the board of county commissioners. A minimum of three people will serve on such sub -committees. 112 ORDINANCE NO. 2022- 00 Section 103.25. - Meetings. (1) The children's services advisory committee will meet at least quarterly or as called by the chair. a) All members are expected to attend all meetings. If a member's annual attendance drops below the seventy-five (75) percent mark the executive office director shall submit a report to the board of county of commissioners for their consideration of possible removal from the children's services advisory committee. b) Members of the children's services advisory committee shall serve without compensation. (2) The fiscal year of the children's services advisory committee will be the same as the Indian River County Board of County Commissioners. Section 103.26. - Funding. The board of county commissioners shall provide an assigned millage of up to 0.12,5 0.25 to the children's services advisory committee. Section 103.27. Distribution Use of funds. • ••- - e- s...... 0 It is the intent of this part that the funds provided per section 103.26 shall be used for the development and authorization of continuing programs to improve the quality of life for all children in Indian River County. Funds will be expended for children's services to promote the health and well-being of children, which encompasses socioeconomic physical mental, social, emotional environmental and educational health Such programs and services may include, but shall not be limited to the following purposes: 1) To allocate and provide funds for agencies in Indian River County which are operated for the benefit of children. 113 ORDINANCE NO. 2022-007 2) To support programs and services which will enhance academic achievement and assist all children to achieve literacy and perform at grade level in core areas such as reading, math and science. 3) To provide and maintain in Indian River County such guidance, psychological, or psychiatric programs and services as the county determines are needed for the general welfare of the children and families of Indian River County. 4) To support programs and services which promote and improve the physical health and well-being of all children, including physical and recreational activities. 5) To support programs and services designed to stop child abuse before it starts. 6) To provide funds to programs and services that keep our children off the streets and away from drugs, alcohol and other risky behaviors. 7) To provide prenatal care programs where such programs will improve birth outcomes for all children. 8) To provide for such other services for all children as the county determines are needed for the general welfare of Indian River County. 9) To collect information and statistical data which will be helpful to the county in deciding the needs of children and to develop techniques for monitoring the efficacy of funded programs and services including, but not limited to the gathering of data, measuring outcomes, -goal effectiveness, research. 10)To provide or coordinate training, professional development and other support to children's services advisory committee funded agencies which will ultimately improve service delivery and desired outcomes for children. 11)To consult coordinate and collaborate with local state and national entities which promote best practices, professional standards and advocacy focusing on the health, well-being and education of children and families. 12)To lease or purchase such equipment and personal property, up to 85,000, as are needed to execute the foregoing programs and services. 13)To_employ and pay, on a part-time or full-time basis personnel needed to execute the foregoing programs and services. 14)To provide for administrative expenses limited to Indian River County staff implementinq this chapter and operating supplies directly related to tasks necessary to fulfill the scope and purposes of this chapter, in an amount not to 114 ORDINANCE NO. 2022- QO 7 exceed eight (8) per cent of the annual millage for that fiscal year, to be determined at the time of budget adoption. Such children's services may be provided in accordance with the provisions of this Chapter and such rules, policies and procedures as may be established by resolution of the county, which may include, but shall not be limited to programs providing for grants to not-for-profit agencies for the reimbursement of expenditures for operational and overhead expenses for the creation, development and implementation of programs grants to not-for-profit agencies or children based upon funding all or a portion of the cost of services rendered, the purchase of services or, where children's services can most economically and efficiently be provided by county, through the establishment of county - run programs. Funding will not be used to pay for or reimburse services provided by other governmental entities or their employees. Section 103.28. - Cooperative--agfeemen-ts: Process for distribution of funds. 1) The application process will be in the form of a request for proposal. Each completed application shall contain expected results stated in required evidence based measurable terms for review by the children's services advisory committee and a copy of the most recent financial audit. Governmental agencies are excluded from the financial audit requirement. 2) Announcement of plan. As soon as reasonably possible after submission of the children's services advisory committee's annual report and initial funding plan for children's programs and services, the county shall approve or modify the pian and announce the availability of funding for the upcoming fiscal year. The announcement will include a description of services and programs recommended for funding_ The announcement will include information pertaining to funding applications, rules and procedures pertaining to the award of funds and applicable dates for submission of applications and all details pertinent thereto. 3) Funding request evaluation. Evaluations of agencies submitting funding applications shall include, but not be limited to site visits interviews and application review. Applications received will be assessed on the basis of specified criteria and will include, but not be limited to the following items: a. Organization's capability. The qualifications and experience of the applicant in providing quality human services and the agency's financial capability b. Evidence based outcomes from prior years. 10 115 ORDINANCE NO. 2022- coo c. Need for service. Appropriate goals and objectives in response to the advertisement of funding availability. d. Soundness of methodology. The goal and objectives, description of services with timeline and documented coordination with other service providers. e. Evaluation. The program's process and outcome objectives, data collection system and evaluation design. f. Cost effectiveness. The proportion of budget applied to direct services, funds from other sources, funds requested, current and projected long range efficiency. g. Children and families served. The extent to which the application addresses services to meet identified needs of the target population. h. Neighborhood -based initiatives. The extent and degree to which the application focuses on a local area or neighborhood. i. Response to a specified strategy. The applicant's identification of and appropriate response to a specified primary strategy. j. Application. The relative completeness, clarity and conciseness of the response to all required items in the funding announcement and application. 4) Prior to budget hearings, the children's services advisory committee shall submit a line item request, by program, to the board of county commissioners for funding consideration. This total request will be within the boundaries of the funding set forth for children's services by the board of county commissioners under section 103.26. Section 103.29. - Bookkeeping and audit. Any agency funded through the process set forth in Part II of this chapter shall be required to keep adequate records reflecting the use of funds and services provided. These records shall be made available to the children's services advisory committee or board of county commissioners upon reasonable demand. The executive office director shall, at a minimum; review and records quarterly and prepare written reports for the children's services advisory committee. All agencies must provide the children's services advisory committee with an audit based upon standard accounting procedures. Section 103.30. - Function of executive office director. The executive office director of the county, under the purview of the County Administrator, will provide all services needed to support the services set forth in this part, including but ORDINANCE NO. 2022- 007 not limited to, complete GOMplet+ng reports and activities required to meet the objectives of the children's services advisory committee. These activities will include, but are not limited to, sesfetaFial administrative support for the children's services advisory committee meetings and be the official record repository for said records, keeping other records, monitoring agencies receiving funds, writing appropriate grants, producing written materials, reviewing applications for funding, reporting to the children's services advisory committee, preparing annual budgets, writing and presenting annual reports. The office of the executive office director shall consist of a director or manner and adequate staff to perform all duties provided for under this part. Section 103.31. - Procedures handbook. The procedure handbook shall be adopted by the board of county commissioners by resolution, which sets out the operating procedures of the children's services advisory committee. Section 4. 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 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance was advertised in the Indian River Press Journal on the 29 day of April , 2022, for a public hearing to be held on the 101h day of May, 2022, which was continued until the 17th of May, 2022, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner o' Bryan and adopted by the following vote: Chairman Peter D. O'Bryan AYE Vice Chairman Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE 12 117 ORDINANCE NO. 2022-00 7 The Chairman thereupon declared the ordinance duly passed and adopted this 17day of clay , 2022. � �-. •pp�MlSSlpj BOARD OF COMMISSIONERS OF I COUNTY, FLORIDA IN WIM Peter D. O'Bryan, Chairma ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: � (t Dept#y Clerk TY •• i til:+ This Ordinance was filed with the Department of State on the 141-h day of May, 2022. ED AS TO FORM A:15 CEC:.AL S<;i-;FICIE'NCY BY - D`I LAN REtNU01_0 COUNTY A TORNE*a 13 118 OUTSIDE AGENCY FUNDING POLICY Purpose: "Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. This policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy; Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section is a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. I. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below. The total allocation for nonprofit agencies will be as follows in FY2017/18: .Agency Amount Mental Health Walk -In Clinic $22,962 Harvest Food Outreach Center $10,205 211 Palm Beach/Treasure Coast, Inc. $10,205 Senior Services $119,610 Total $162,982 2. No new Agency requests for funding will be approved in FY2017/18 or thereafter. 3. Future year funding will be capped for each agency at the amounts noted in the table above, except for annual adjustments for the standard rate of inflation. 4. Any federal grant sub -recipient will also be required to complete a sub - recipient grant agreement. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 11&e I OUTSIDE AGENCY FUNDING POLICY B. Nonprofit Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are mailed to all nonprofit agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1 st in order to be considered for funding in the upcoming budget. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3)) from the Internal Revenue Service, including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the Florida Department of Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, submit a copy with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within 180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. Indian River County will accept applications for funding from nonprofit agencies during this time period only. If an agency submits an application for funding after May 1 st, it will not be Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 12&e2 OUTSIDE AGENCY FUNDING POLICY approved during the current funding cycle. This application maybe considered for the next fiscal year if requested by the agency. If any agency requests funding during the middle of a fiscal year, this request may only be funded in the following year through the normal application process. 6. In September each year, the Board of County Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Reserved D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. 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. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1 st 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. 5. 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. 6. 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. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 gage 3 OUTSIDE AGENCY FUNDING POLICY 7. 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. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 9. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. This fiscal year will be as reported on the application for funding. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. Prior to any change in the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. II. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the Countywould have to provide them instead. Relationships between the County and quasi -nonprofit agencies are typically governed by contractual agreements. In addition, some quasi -nonprofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the contract or grant will supersede. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1 gage 4 OUTSIDE AGENCY FUNDING POLICY A. Quasi -Nonprofit Agency Funding Levels If the County has entered into a contractual agreement with a quasi -nonprofit agency, which addresses funding levels over a period of time, the contracted amounts will dictate funding. 2. If the County receives a grant from a state, federal, or other governmental entity, any grant requirements will dictate. A local match required for a grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. 3. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determined in the same manner as outlined for nonprofit agencies (in Section I.C.). B. Quasi -Nonprofit Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Quasi -Nonprofit Responsibilities After Award of Funding In the event a contractual agreement or grant requirement addresses these issues, such agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these agencies fall under the same guidelines as nonprofit organizations in this policy. 2. Each Quasi -Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 12&e 5 OUTSIDE AGENCY FUNDING POLICY III. Children's Services Agencies: On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the Children's Services Advisory Committee (formerly known as the Children's Services Network). On May 17, 2022, the Board of County Commissioners adopted Ordinance No. 2022-007, which revised the Children's Services Advisory Committee portion of the Indian River County Code of Ordinances. This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and guidelines are provided by this policy relating to reimbursable expenditures for outside agencies. In the event of a conflict between this policy and the ordinance, the ordinance will supersede. The executive office director provides support for the Children's Services Advisory Committee consistent with the operating procedures set forth in the procedure handbook adopted by the Board of County Commissioners. The Office of Management & Budget reviews all requests for reimbursement. Proper documentation of expenses is required as outlined in the policy for nonprofit agencies. Additionally, these expenses will be reviewed to ensure they were incurred in order to provide the program approved by the Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation The Children's Services ordinance enumerates a funding level for Children's Services agencies. For the first three fiscal years, this level was set at specific dollar amounts. For fiscal years 1998/99, 1999/2000, and 2000/01 these amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 through 2022/2023, this amount was determined based on an upper limit of 0.125 mills. Beginning in fiscal year 2023/2024, the Board of County Commissioners shall provide an assigned millage of up to 0.2500 to the Children's Services Advisory Committee. B. Children's Services Agencies Responsibilities After Award of Funding Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These agencies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations in most cases. Indian River County has contractual relationships with others, in accordance with Florida toe. Statutes as well (e.g., State Health Department). Whenever a contractual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1 g4ge 6 OUTSIDE AGENCY FUNDING POLICY 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St for the upcoming budget. 3. The application packets can be seen in Attachment B to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. After a thorough review, the County Administrator presents the recommended budget to the Board of County Commissioners in early July of each year. This proposed budget, which includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any Florida Statutes or agreements with State Agencies that address funding levels will govern this area. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourist tax levied within the County, 1-2/3 cents is awarded to agencies that promote and advertise tourism in Indian River County nationally and internationally, with 75% of 1/6 cents being reserved as contingency funding for unforeseen mid -year opportunities. This policy provides guidelines for funding agencies with Tourist Development Tax. Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govern. A. Tourist Development Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding in the currentyear, requested funding forthe currentyear, or inquired about funding any time during the last twelve months. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1F&e7 OUTSIDE AGENCY FUNDING POLICY 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St in order to be considered for funding in the upcoming budget. The application packets can be seen in Attachments A and C to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) including Federal Identification Number). C. A statement of agency revenues and expenses for the most recent fiscal year. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the State of Florida verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the fiscal year for the agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within 180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. During a public meeting (typically scheduled in May), the Tourist Development Council (TDC) will review all applications for funding. At that meeting, the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. 6. Subsequent to the TDC meeting, the Office of Management & Budget will present the TDC recommendation to the Board of Commissioners for approval. The approved funding Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision 92 Approved 5/16/2017 Revision 93 Approved 3/15/2022 Revision #4 Approved 8/16/2022 12&e 8 OUTSIDE AGENCY FUNDING POLICY recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. 7. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels The aggregate amount of funding available for Tourist Development agencies is determined directly by the amount of Tourist Tax for a given fiscal year. 1-2/3 cents out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. 2. The Office of Management & Budget will develop revenue projections for the Tourist Development Fund for next fiscal year, prior to the TDC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agencies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. 5. The TDC will not accept or fund grant applications from other governmental agencies or municipalities. 6. Indian River County currently has an agreement with the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly promote tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding Indian River County provides funding to tourist development agencies on a reimbursement basis. 2. All reimbursable expenses must be documented by an invoice and/or a copy of canceled Initially Approved 2/19/02 Revision 41 Approved 11/3/2009 Revision 42 Approved 5/16/2017 Revision 43 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1 g7ge 9 OUTSIDE AGENCY FUNDING POLICY check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. 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. 4. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 1 St 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. 5. 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 tourist development 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. 6. 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. 7. As of March 14, 2007, Indian River County will not fund salaries with tourist development monies for any applicants except for the designated entities, Indian River County and Sebastian River Area Chambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds for salaries will continue to receive funding, however no new agencies would qualify. 8. 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. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1P& 10 OUTSIDE AGENCY FUNDING POLICY d. Any expense not outlined in the agency's funding application. 9. The County reserves the right to decline reimbursement for any expense as deemed necessary. 10. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. This fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. 11. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 12. Each Tourist Development Agency receiving funding in FY2017-18 or later will be required to execute an Indian River County grant contract. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 112a 11 OUTSIDE AGENCY FUNDING POLICY Purpose: "Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. This policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy; Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section is a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. I. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below. The total allocation for nonprofit agencies will be as follows in FY2017/18: -Agency Amount Mental Health Walk -In Clinic $22,962 Harvest Food Outreach Center $10,205 211 Palm Beach/Treasure Coast, Inc. $10,205 Senior Services $119,610 Total $162,982 2. No new Agency requests for funding will be approved in FY2017/18 or thereafter. 3. Future year funding will be capped for each agency at the amounts noted in the table above, except for annual adjustments for the standard rate of inflation. 4. Any federal grant sub -recipient will also be required to complete a sub - recipient grant agreement. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1 3Qe 1 OUTSIDE AGENCY FUNDING POLICY B. Nonprofit Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are mailed to all nonprofit agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1 st in order to be considered for funding in the upcoming budget. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3)) from the Internal Revenue Service, including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the Florida Department of Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, submit a copy with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within 180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. Indian River County will accept applications for funding from nonprofit agencies during this time period only. If an agency submits an application for funding after May 1 st, it will not be Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1 31ge 2 OUTSIDE AGENCY FUNDING POLICY approved during the current funding cycle. This application maybe considered for the next fiscal year if requested by the agency. If any agency requests funding during the middle of a fiscal year, this request may only be funded in the following year through the normal application process. 6. In September each year, the Board of County Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Reserved D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. 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. 4. Expenditures may only be reimbursed from the fiscal year forwhich funding was awarded. For example, no expenditures prior to October 1 st 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. 6. 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. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1ne3 OUTSIDE AGENCY FUNDING POLICY 7. 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. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. This fiscal year will be as reported on the application for funding. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. Prior to any change in the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the County would have to provide them instead. Relationships between the County and quasi -nonprofit agencies are typically governed by contractual agreements. In addition, some quasi -nonprofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the contract or grant will supersede. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1e4 OUTSIDE AGENCY FUNDING POLICY A. Quasi -Nonprofit Agency Funding Levels If the County has entered into a contractual agreement with a quasi -nonprofit agency, which addresses funding levels over a period of time, the contracted amounts will dictate funding. 2. If the County receives a grant from a state, federal, or other governmental entity, any grant requirements will dictate. A local match required fora grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. 3. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determined in the same manner as outlined for nonprofit agencies (in Section I.C.). B. Quasi -Nonprofit Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Quasi -Nonprofit Responsibilities After Award of Funding In the event a contractual agreement or grant requirement addresses these issues, such agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these agencies fall under the same guidelines as nonprofit organizations in this policy. 2. Each Quasi -Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 134ge5 OUTSIDE AGENCY FUNDING POLICY III. Children's Services Agencies: On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the Children's Services Advisory Committee (formerly known as the Children's Services Network). On May 17, 2022, the Board of County Commissioners adopted Ordinance No. 2022-007, which revised the Children's Services Advisory Committee portion of the Indian River County Code of Ordinances. This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and guidelines are provided by this policy relating to reimbursable expenditures for outside agencies. In the event of a conflict between this policy and the ordinance, the ordinance will supersede. The executive office director provides support for the Children's Services Advisory Committee consistent with the operating procedures set forth in the procedure handbook adopted by the Board of County Commissioners. The Office of Management & Budget reviews all requests for reimbursement. Proper documentation of expenses is required as outlined in the policy for nonprofit agencies. Additionally, these expenses will be reviewed to ensure they were incurred in order to provide the program approved by the Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation The Children's Services ordinance enumerates a funding level for Children's Services agencies. For the first three fiscal years, this level was set at specific dollar amounts. For fiscal years 1998/99, 1999/2000, and 2000/01 these amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 through 2022/2023, this amount was determined based on an upper limit of 0.125 mills. Beginning in fiscal year 2023/2024, the Board of County Commissioners shall provide an assigned millage of up to 0.2500 to the Children's Services Advisory Committee. B. Children's Services Agencies Responsibilities After Award of Funding Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These agencies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations in most cases. Indian River County has contractual relationships with others, in accordance with Florida the Statutes as well (e.g., State Health Department). Whenever a contractual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 13&e6 OUTSIDE AGENCY FUNDING POLICY 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1St for the upcoming budget. 3. The application packets can be seen in Attachment B to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. After a thorough review, the County Administrator presents the recommended budget to the Board of County Commissioners in early July of each year. This proposed budget, which includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any Florida Statutes or agreements with State Agencies that address funding levels will govern this area. 2. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourist tax levied within the County, 1-2/3 cents is awarded to agencies that promote and advertise tourism in Indian River County nationally and internationally, with 75% of 1/6 cents being reserved as contingency funding for unforeseen mid -year opportunities. This policy provides guidelines for funding agencies with Tourist Development Tax. Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govern. A. Tourist Development Agency Application for Funding In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding in the current year, requested funding forthe current year, or inquired about funding any time during the last twelve months. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 1e7 OUTSIDE AGENCY FUNDING POLICY 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1st in order to be considered for funding in the upcoming budget. The application packets can be seen in Attachments A and C to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) including Federal Identification Number). C. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the State of Florida verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, if an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the fiscal year for the agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within180 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. 5. During a public meeting (typically scheduled in May), the Tourist Development Council (TDC) will review all applications for funding. At that meeting, the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. 6. Subsequent to the TDC meeting, the Office of Management & Budgetwill present the TDC recommendation to the Board of Commissioners for approval. The approved funding Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 37ge 8 OUTSIDE AGENCY FUNDING POLICY recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. 7. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels The aggregate amount of funding available for Tourist Development agencies is determined directly by the amount of Tourist Tax for a given fiscal year. 1-2/3 cents out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. 2. The Office of Management & Budget will develop revenue projections for the Tourist Development Fund for next fiscal year, prior to the TDC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agencies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. 5. The TDC will not accept or fund grant applications from other governmental agencies or municipalities. 6. Indian River County currently has an agreement with the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. 7. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly promote tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding Indian River County provides funding to tourist development agencies on a reimbursement basis. All reimbursable expenses must be documented by an invoice and/or a copy of canceled Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 13&e 9 OUTSIDE AGENCY FUNDING POLICY check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. 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. 4. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 1 st 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. 5. 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 tourist development 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. 6. 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. 7. As of March 14, 2007, Indian River County will not fund salaries with tourist development monies for any applicants except for the designated entities, Indian River County and Sebastian River Area Chambers of Commerce. The current agencies other than the designated Chambers of Commerce receiving funds for salaries will continue to receive funding, however no new agencies would qualify. 8. 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. 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. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 113g 10 OUTSIDE AGENCY FUNDING POLICY Any expense not outlined in the agency's funding application. 9. The County reserves the right to decline reimbursement for any expense as deemed necessary. 10. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management & Budget. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. This fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. 11. If an agency receives a qualified opinion from its independent auditor, this will be reported to the Board of Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 12. Each Tourist Development Agency receiving funding in FY2017-18 or later will be required to execute an Indian River County grant contract. Initially Approved 2/19/02 Revision #1 Approved 11/3/2009 Revision #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 14& 11 IL CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 5, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Final Ranking of Firms and Award of RFP 2022069 for Jones' Pier Conservation Area Entry Fencing BACKGROUND: On behalf of the Parks and Recreation Division, a Request for Proposals (RFP) was issued for installation of fencing along the western boundary of the Jones' Pier Conservation Area (JPCA) located at 7770 Jungle Trail, Vero Beach. This fencing is a replacement of previous fencing removed as part of the public access improvements that have now been completed. The fencing project will include installation of fencing along the east side of Jungle Trail (along the property boundary), installation of staff entry gate(s) along the northwestern boundary, and installation of a slide gate along the southwestern portion of the site. Two responsive proposals were received. ANALYSIS: A selection committee comprised of Beth Powell, CPRP, Parks and Recreation Director, Brad Dewson, Parks Foreman, and Wendy Swindell, Conservation Lands Technician independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. These scores were compiled by the Purchasing Manager to develop an overall initial ranking of firms. The committee determined interviews were not necessary and declared the initial rankings of firms final. Rank Proposing Contractor Location Proposed Price 1. A&B Fence Co LLC 1 Palm Bay $42,475.27 2. Phoenix Fence Corp. Miami $122,405.00 The proposal submitted by A Great Fence was determined to be non-responsive for failure to provide notarized Disclosure of Relationships form, as required by County Code; their proposal was not submitted to the committee for evaluation. Funds in the amount of $42,475.27 are allocated within the 2021-2022 Capital Improvement Element, and will be paid from Optional Sales Tax/Parks/Construction in Progress/Jones Pier Improvements (31521072-066510-18010). Account Name Account Number I Amount Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 1$42,475.27 RECOMMENDATION: Staff recommends the Board award RFP 2022069 to A&B Fence Co LLC and authorize the Purchasing Division to issue a purchase order for the project. 141 M CONSENT: 8/16/2022 Of, Ile 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 8, 2022 SUBJECT: Resolutions Cancelling Taxes Resolutions have been prepared for the purpose of earmarking the public use of the following properties and cancelling any delinquent, omitted or current taxes which may exist on the properties obtained by Indian River County: Public Purpose: 58th Ave - 33rd St. Intersection Right -of -Way Location/Description: Northwest corner of 58th Avenue and 33rd Street Purchased from: Venda R. Burgess Instrument: Warranty Deed, recorded in Book 3557, Page 837 of the public records of Indian River County Public Purpose: Future Paving of 81 st Street from 66th Avenue East Location/Description: Northside of 811 Street, between 58th Avenue and 66th Avenue Purchased from: CGV Investments, LLC Instrument: Warranty Deed, recorded in Book 3557, Page 839 of the public records of Indian River County FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS: Resolutions 142 Purchased from CGV Investments, LLC Public Purpose: Future paving of 81st Street from 66th Avenue East Tax Parcel Portion of # 31-39-32-00000-3000-00014.0 RESOLUTION NO. 2022- 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 1 143 RESOLUTION NO. 2022 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from CGV Investments, LLC for Future Paving of 81st Street from 66th Avenue East, Right -of -Way Improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3557, Page 839 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August, 2022. 2 144 RESOLUTION NO. 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA go ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Peter D. O'Bryan, Chairman Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: Dylan Reingold County Attorney 3 145 Purchased from Venda R. Burgess Public Purpose: 58th Ave - 33rd St. Intersection ROW Improvements Tax Parcel Portion of # 32393200009002000011.0 RESOLUTION NO. 2022- 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 1 146 RESOLUTION NO. 2022 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Venda R. Burgess for 58th Ave - 33rd St. Intersection Right -of -Way Improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3557, Page 837 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August, 2022. 2 147 RESOLUTION NO. 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 148 Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: THROUGH FROM: DATE: Office of INDIAN MEMORANDUM Board of County Commissioners Robin Miller, Housing Program Manager William K. DeBraal, Deputy County Attorney August 2, 2022 ?k Consent 08/16/2022 RIVER COUNTY ATTORNEY SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2023 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's 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 2023, effective October 1, 2022, is attached for the Board's consideration. Approval of Resolution for Utility Rates for Housing Choice Voucher Program August 2, 2022 Page 12 Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the utility rate resolution for Fiscal Year 2023 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Phil Matson, Community Development Director Robin Miller, Housing Program Manager 150 RESOLUTION- 2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE WHEREAS, the United States 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 known as 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 (IRC Rental Assistance) 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 IRC Rental Assistance staff analyzed the written report and established its Utility Allowance Schedule with revisions effective October 1, 2022 and is in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2022 for fiscal year 2022-2023 is attached to this Resolution as Exhibit A and incorporated herein; and WHEREAS, the use of the Utility Allowance Schedule keeps Indian River County's Housing Choice Voucher Program compliant 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 accept and approve the complete Utility Allowance Schedule attached hereto, effective October 1, 2022 and used by 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 Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Joseph Flescher Commissioner Susan Adams Commissioner Laura Moss 151 RESOLUTION- 2022 The Chairman thereupon declared the Resolution duly passed and adopted this _day of 2022. 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 LI -A Peter D. O'Bryan, Chairman 152 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 -furnished utilities and appliances. Date 10/1/2022 Locality: Indian River County Board of Commissioners, FL Unit Type: Multi -Family (Apartment/Row House/Townhouse/Semi-Detached/Duplex) Utility or Service: 0 BR 1 BR 1 2 BR 1 3 BR 4 BR 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 $34.00 $38.00 $38.00 $42.00 $42.00 $42.00 c. Electric $5.00 $6.00 $6.00 $7.00 $8.00 $8.00 d. Electric Heat Pump $4.00 $5.00 $6.00 $6.00 $7.00 $8.00 e. Oil Cooking a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $8.00 $13.00 $17.00 $21.00 $30.00 $38.00 c. Electric $4.00 $5.00 $7.00 $9.00 $11.00 $13.00 Other Electric & Cooling Other Electric (Lights & Appliances) 1 $16.001 $18.001 $25.001 $32.001 $40.001 $47.00 Air Conditioning 1 $13.001 $16.001 $22.001 $27.001 $33.001 $39.00 Water Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $21.00 $21.00 $38.00 $46.00 $59.00 $68.00 c. Electric $9.00 $11.00 $13.00 $16.00 $19.00 $22.00 d. Oil Water, Sewer, Trash Collection Water (avg) $18.00 $20.00 $23.00 $27.00 $33.00 $39.00 Sewer (avg) $29.00 $31.00 $36.00 $40.00 $45.00 $50.00 Trash Collection (avg) $13.00 $13.00 $13.00 $13.00 $13.00 $13.00 Tenant -supplied Appliances Range / Microwave Tenant -supplied 1 $11.001 $11.001 $11.001 $11.001 $11.00 Refrigerator Tenant -supplied 1 $12.001 $12.001 $12.001 $12.001 $12.001 $12.00 Other --specify: Monthly Charges Electric Charge $10.11 $10.001 $10.00 $10.001 $10.00 $10.001 $10.00 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 Certified _ Compliance• �20122 The Nelrod Company 6/2022 Update adapted from form HUD -52667 163019) 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 10/1/2022: Locality: Indian River County Board of Commissioners, FL Unit Type: Single -Family (Detached House) Utility or Service: 0 BR 1 BR 2 BR 3 BR 4 BR 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 $46.00 $51.00 $55.00 $55.00 $59.00 $59.00 c. Electric $8.00 $9.00 $10.00 $11.00 $11.00 $12.00 d. Electric Heat Pump $6.00 $7.00 $8.00 $9.00 $10.00 $11.00 e. Oil Cooking a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $8.00 $13.00 $17.00 $21.00 $30.00 $38.00 c. Electric $4.00 $5.00 $7.00 $9.00 $11.00 $13.00 Other Electric & Cooling Other Electric (Lights & Appliances) 1 $23.001 $27.00 $37.001 $48.001 $58.001 $69.00 Air Conditioning 1 $10.001 $12.001 $27.001 $42.001 $57.001 $72.00 Water Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $30.00 $34.00 $46.00 $59.00 $72.00 $89.00 c. Electric $11.00 $13.00 $17.00 $20.00 $24.00 $27.00 d. Oil Water, Sewer, Trash Collection Water (avg) 1 $18.00 $20.001 $23.001 $27.001 $33.001 $39.00 Sewer (avg) 1 $29.00 $31.001 $36.001 $40.001 $45.00 $50.00 Trash Collection (avg) 1 $13.001 $13.001 $13.001 $13.001 $13.001 $13.00 Tenant -supplied Appliances Range / Microwave Tenant -supplied 1 $11.001 $11.001 $11.001 $11.00 $11.001 $11.00 Refrigerator Tenant -supplied 1 $12.001 $12.001 $12.001 $12.001 $12.001 $12.00 Other --specify: Monthly Charges Electric Charge $10.11 $10.001 $10.00 $10.001 $10.00 $10.001 $10.00 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 $ Tota I $ Certified �� Compliance• n2022�.: The Nelrod Company 6/2022 Update adapted from form HUD -52667 164019 CONSENT: 8/16/2022 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 7, 2022 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased by the City of Fellsmere for Public Purpose Parcels of land were purchased by the City of Fellsmere ("City") and the City will be using the property for stormwater, a copy of the correspondence from the City stating the purpose is attached. For this reason, resolutions have 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: Public Purpose: Stormwater purposes Location/Description: East end of Lincoln Street Purchased from: Melissa Marrero and Jonathan Anthony Marrero Instrument: Warranty Deed recorded in Book 3153, Page 2401, Public Records of Indian River County, Florida Public Purpose: Affordable Housing Location/Description: South of CR 512 between S. Bay Street and S. Hickory Street Purchased from: Giuseppe's Inc. Instrument: Warranty Deed recorded in Book 3559, Page 1691, Public Records of Indian River County, Florida FUNDING: There is no cost associated with this item. 155 Board of County Commissioners August 7, 2022 Page 2 RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by the City of Fellsmere for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENT: Resolutions Letters from the City of Fellsmere cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 156 purchased from: Melissa and Jonathan Anthony Marrero public purpose: Stormwater tax parcel portion of #31-37-00-00001-1441-00003.0 RESOLUTION NO. 2022- 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.; 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 Melissa Marrero and Jonathan Anthony Marrero, for stormwater purposes, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3153, Page 2401 of the Public Records of Indian River County, Florida. 157 RESOLUTION NO. 2022 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: M Dylan Reingold County Attorney 2 158 purchased from: Giuseppe's, Inc. public purpose: Affordable Housing tax parcel portion of #31-37-00-00009-0650-00007.0 RESOLUTION NO. 2022- 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.; 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 Giuseppe's Inc., for affordable housing, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3559, Page 1691 of the Public Records of Indian River County, Florida. 1 159 RESOLUTION NO. 2022 - The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss and, upon The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA as ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Peter D. O'Bryan, Chairman Tax Certificates Outstanding _ X_ Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 2 160 tRY Pr G G si /it Pr /^ Pr August 2, 2022 VIA ELECTRONIC MAIL: dreingold@ircgov.com Dylan Reingold, Esq. Office of the County Attorney Indian River County 1801271h Street Vero Beach, FL 32960 Re: Canceling Taxes for Land having Parcel ID No. 31-37-00-00001-1441-00003.0 Purchase from Marrero Our File No. 21-346 Dear Dylan: The City completed its purchase of approximately one (1) acre of vacant land from Melissa Marrero. The City anticipates using this land to increase the sixe of its stormwater retention area adjacent to the Hall, Carter James Subdivison. The City requests that the County cancel taxes for 2022 and remove the property from the tax roll as of February 17, 2022, 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: 772-571-1616 Fax: 772-S71-8615 161 Letter to Dylan Reingold, Esq. August 2, 2022 Page 2 of 2 I understand that the tax bill for 2022 is less than $150, therefore no taxes are due. Please advise if there is anything else the City needs to do to have this Land removed from the tax roll. Very truly yours, M)aww Warren W. Dill City Attorney WWD/jlb Enclosure cc: Mark D. Mathes, City Manager (w/encl) Putnam Moreman, Director of Finance (w/encl) t:\clients\1760\21-346\letter to dylan re cancellation of taxes.docx 162 Prepared By & Return To: Warren W. Dill, Esq. Dill, Evans & Rhodeback 1565 US Highway 1 Sebastian, FL 32958 Parcel Identification No. 3 1-3 7-00-0000 1-1441-00003.0 Space above lhls Gne for recording data=====-�== Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Warranty Deed, made this day of February, 2022, between Melissa Marrero and Jonathan Anthony Marrero, wife and husband, whose address is 805 Palm Avenue, Fort Pierce, FL 34982, hereinafter collectively referred to as "Grantor", and City of Fellsmere, Florida, whose post office address is 22 South 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, Fellsmerc Farms Company' s subdivision of all unsurveycd part of Township 31 South, Range 37 East, according to the plat thereof as recorded in Plat Book 2, Pages 1 and 2, Public Records of St. Lucie County, Florida (said land now tying in Indian River County, Florida) and being more particularly described as follows: From a point on the West line of Tract No. 1441; which point is S 0°2P E a distance of 439.31 feet from the Northwest corner, thence N 89°39' East, 200 feet for the Point of Beginning; thence N 8999` E, 100 feet; thence S 01 21' East, 205.15 feet to a point on the North Right of Way of Railroad; thence N 89°14' West, 100.06 feet; thence N 0°21 West 201.37 feet to the 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, casements 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 the Grantor is lawfully seized of said land in fec 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, 2021. 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 AS TO BOTH: ISiRnY�/LGJ�iz�/ / Mclissa Marrero Print Namne ) 011 (aigp) riuca ll LGl atfian Anthony Marrero (Print NRmc1 MQVj ril /t i.--�Cin�z State of Florida County of Indian River The foregoing instrument was acknowledged before me by means of l9'physical prescncc or O online notarization this 1�iv'day of February, 2022 by Melissa Marrero and Jonathan Anthony Marrero, wife and husband who [ ] are personally known to me or [✓f have produced a driver's license issued by the State of Florid ct ___ as identification. 10 e`er' s [Notary Seal] `Z oen5n02i b% Notary Public, State of 14614a Co mission No. MadaSMUSamhei a PrintcdNamc:4A00(A SUGrCL-SC-Chf& %u'4rCa+7r�sana - My Commission Expires: OtoJZ5)1_OZS tfH 138914 � 163 Joel Tj,son, Riayor, IAlarl. D.: iVlathes, Citw Nfanaa&-, ultivai e `nurture t� { July 27, 2022 VIA ELECTRONIC MAIL: drein o�ld(iil� rcgov.com Dylan Reingold, Esq. Office of the County Attorney Indian River County 1801271hStreet Vero Beach, FL 32960 Re: Canceling Taxes for Land having Parcel ID No. 31-37-00-00009-0650-00007.0 Our File No. 22-217 Dear Dylan: The City recently completed its purchase of approximately one (1) acre of vacant land from Giuseppe's Restaurant, Inc. The City anticipates using this land for affordable housing. The City requests that the County cancel taxes for 2022 and remove the property from the tax roll as of July 27, 2022, 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: 772-571-1616 Fax: 772-571-8615 164 Letter to Dylan Reingold, Esq. July 27, 2022 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. Very truly yours, Warren W. Dill City Attorney WWD/jlb Enclosure cc: Mark D. Mathes, City Manager (w/encl) Putnam Moreman, Director of Finance (w/encl) t:\clients\1760\22-217\letter to dylan re cancellation of taxes.docx 165 Firefox https://ori. indian-river.org///Document/GctDocument17orPrintPNG/?... 3120220047090 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3559 PG: 1691, 7/28/2022 3:51 PM D DOCTAX PD S1,050.011 Prepurcd By & Return To: Warren W. Dill, Esq. .Dill, Evans & Ithodcback 1565 US iligh- y 1 Scbastlan, FL 329.58 Parcel Idclitifieation No. 3,1-3,7-00-00009-0650-0.0007.0 - ��— ---_(Space above this lino for recording date -=oR=====_======ed==== Warranty Deets (STATUTORY F0104 - SECTION 689.02, F.S.) This Warran ty Deed, inade this.2 %ay of July, 2022, between Giuseppc's:Restaurant, Inc., a Florida corporation, previously of record as Giuseppe's, Inc. whose.address.is 4 S. Bay St.rcct,.TelIsmcrc, Florida 32948, hdreinafler referred tows "Grantor", and City of Fcllsmcrc. Florida, a Municipal corporation created pitrsuant.to .the laws of the Stoic of Florida, whose post office address is 22 South 'Orange Street, Follsmerc, 1.1. 32948, hereinafter referred to as "Grantee". Witnesseth, that said Grantor, for and in consideration of the sum of '1'13N DOLLARS ($10.00), rind other good and valuable considerations td 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: Lots 21 through 33, Block 65. TOWN OF FI3LLSMERE, according to the plat thereof recorded in Plat Book 2, Page 3; Public Records of. St, Lucie County, Florida; said land now lying, and being in Indian River County, Florida. 'rogcthcr with all the tencmcnts,.licreditaments and appurtenances thereto belonging or in anywise appertaining. Subject to governmental regulations, covenants, rights of way, restrictions, casements and reservations of rccord, if any, but this provision shall not operate to reimpose the same, and taxes for the year and subsequent years. Arid the Grantor hereby covenants with said Grantce.that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to: sell and convey said land; that the Grantor hereby fully warrants ilio title to said land and will defend ilia same -against the lawful claims of all persons whomsoever and that said land is free or all encumbrances, except as stated herein and taxes accruing subscquent to December 31, 2021. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, scaled and delivered in our presence: WITNESSES: Giuseppc's Restaurant, Inc., a Florida corpor-ation pp previously of rccord as Giuseppc's. Inc. 13r���;P� e lnrp liEdoardo Giambanc , ]'resident n J.L State or Florida County of indian River The foregoing instrument was acknowledged before me by means ofphysical presence or ci online notarization thisP_7tay of July; 2022.by Edordo Giambano, President or Giuseppo's Restaurant, Inc., al=lorida corporation prcvt usly of record as Giuscppe's Inc., and on bchalror thc.company, who [ ] is personally known to me or [ ✓] has .produced a driver's license issued by the Stale or iL� as identification: `,�.�ltittluepp�i �.6L)CK f�fif/i Y _ [Notary Sealj F2. 5 e - .1 ommission No. '•- 4'1 6_ My C.nmmission Expiros: 166 1 of 1 7/28/2022, 4:14 PM MINE# 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: Robert S. Skok, Infrastructure Project Manager SUBJECT: Amendment No. 2 to Work Order No. 10, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) Walking Trail IRC -1908 DATE: July 11, 2022 DESCRIPTION AND CONDITIONS On June 18, 2019, the Board of County Commissioners approved Work Order No. 10 for MBV Engineering, Inc. to provide design services, including permitting, bidding, and construction administration for an interconnected walking trail at the Jackie Robinson Training Complex for a lump sum amount of $39,000.00. MBV Engineering, Inc. provided a preliminary estimated construction cost for the walking trail of $591,223.05. Amendment No. 1 to Work Order No. 10 was approved on July 20, 2020 in the amount of $3,920.00 for additional professional services to obtain a permit modification from St. Johns River Water Management District, bringing the total to $42,920.00. The project was put on hold to accommodate the SR60/43rd Avenue improvements project. Amendment No. 2 to Work Order No. 10 in the amount of $4,000.00 is to re -activate the project, updating plans and permits, bringing the total to $46,920.00. FUNDING A budget amendment will be done to fund this Amendment No. 2 in the amount of $4,000.00 to Account No. 31521072-066510-19021/Optional Sales Tax/JRTC Walking Trail. RECOMMENDATION Staff recommends approval of Amendment No. 2 to Work Order No. 10 with MBV Engineering, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 2 to Work Order No. 10 on their behalf for a lump sum amount of $4,000.00. ATTACHMENTS MBV Engineering, Inc. Amendment No. 2 to Work Order No. 10 APPROVED AGENDA ITEM FOR AUGUST 16, 2022 167 C:\G ra n i cu s\Legista r5\L5\Te m p\76flec b a -4729-4c b0 -a 087-68939eed b573. doc AMENDMENT 2 TO WORK ORDER 10 Jackie Robinson Training Complex Walking Trail IRC -1908 This Amendment 2 to Work Order Number 10 is entered into as of this _ day of 202_, 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 MBV Engineering, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10 , Effective Date June 18, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 to Work Order 10 as of the date first written above. CON'_ By: Print Name: Todd Howder BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY M Title: Vice President BCC Approved Date: , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 168 EXHIBIT A - SCOPE OF WORK As per our coordination, we are hereby submitting our proposal to provide additional professional services for the above subject project. This proposal shall be considered an addendum to the original executed Work Order 10, IRC -1908 Jackie Robinson Training Complex Walking Trail, and all contract conditions shall be part of this addendum. The project obtained all necessary Civil Design permits in 2020 for the project pursuant to the original Work Order contract. In the fall of 2020, the 43rd Avenue roadway improvement project commenced and this location was utilized as the construction staging area. To accommodate the construction of the roadway project, the Walking Trail project was placed on hold. The roadway project has been deemed complete for this area and MBV Engineering has been instructed to re -activate the project to prepare it for Bid. Due to the time delay, several of the original permits have expired and new applications and plan packages must be submitted to those agencies for the re -permitting of the project Civil Plans. The additional requested scope of services will include the following efforts. Task 1— Re -Permitting Services The Consultant will prepare the following permit applications and associated submittals for the following agencies for the re -permitting of the project: • City of Vero Beach Minor Site Plan Approval • City of Vero Beach ROW Permit • Indian River Farms Water Control District Site Plan Review • Indian River Farms Water Control District Culvert Connection Task 2 — Indian River County Coordination The Consultant will meet and coordinate with Indian River Public Works Department staff as required for the re -permitting efforts associated with Task 1 scope of services above. This Work Order assumes no additional changes to the previously approved permit plans by the agencies. Should any of the agencies require additional plan changes that differ from the original, permitted design, a Additional Services Proposal will be provided to IRC at that time for those additional services. EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Re -Permitting $3,000 IRC Coordination $ 1,000 Work Authorization Total $ 4,000 169 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Sally Beauty Supply LLC — Third Amendment to Lease DATE: July 20, 2022 DESCRIPTION AND CONDITIONS The County purchased Sebastian Corners Retail Center, LLC located at 1919-1931 US Highway 1, Sebastian, Florida on September 5, 2017. The purchase was for the relocation of the North County Offices of the Tax Collector, Property Appraiser, Clerk of the Court, Utilities Department and Veteran Services. Sally Beauty Supply LLC is a tenant at the retail center and they rent a 1600 square foot unit. The current lease term was 12/1/21-11/30/22. Staff has been negotiating with Cushman & Wakefield who handles Sally Beauty lease renewals. We have agreed to renew the lease for a (2) two year term. The renewal term will be 12/1/22 — 11/30/24. The base monthly rent will increase from $1,666.67 ($12.50 per square foot or $20,000.04 annually) to $1,933.33 ($14.50 per square foot or $23,199.96 annually). FUNDING No funding is necessary for this action. RECOMMENDATION Staff recommends the Board approve the Third Amendment to the Lease as proposed for Sally Beauty LLC and authorize the Chairman to execute the Third Amendment to the Lease on behalf of the Board. ATTACHMENTS Third Amendment to Lease Exhibit A - Insurance APPROVED AGENDA ITEM FOR: August 16, 2022 170 THIRD AMENDMENT TO LEASE THIS THIRD AMENDMENT TO LEASE (this "Amendment") is made to be effective 2022 (the "Effective Date"), by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, ("Landlord"), having a notice address 1801 27t1 Street, Vero Beach, FL 32960 Attn: Public Works Director: and BEAUTY SYSTEMS GROUP LLC, a Virginia limited liability company ("Tenant"), having a notice address at 3001 Colorado Blvd., Denton, Texas 76210, Attn: Real Estate, Store No. 10398. WITNESSETH: WHEREAS, Landlord's predecessor and Tenant entered into that certain Lease, dated April 1, 2014 with all subsequent amendments and extensions thereto, collectively hereinafter referred to as the "Lease", and whereby Landlord and Tenant are the current parties to the Lease for that certain retail premises consisting of 1,600 leasable square feet more particularly described in the Lease ("Premises") such Premises being part of Shopping Center located on real property more particularly described in the Lease, in the City of Sebastian and State of Florida; and WHEREAS, the Lease Term shall expire on November 30, 2022; and WHEREAS, Landlord and Tenant now desire to extend the term of the Lease and document other mutually agreed upon modifications, all as more fully set forth below; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: LEASE MODIFICATIONS A Lease Term. The term of the Lease is hereby extended for a period of Two (2) years such that the term shall now expire on November 30, 2024 (the period from December 1, 2022, through November 30, 2024, herein the ("Extension Period"). Notwithstanding anything to the contrary contained in the Lease, the Minimum Annual Rent during the Extension Period shall be $1,933.33 per month. B. No Option. The parties hereto acknowledge and agree that Tenant shall have no further right or option to renew or otherwise extend the Lease upon the expiration of the Extension Period. At the end of the Extension Period. the Lease shall terminate and Tenant shall return possession of the Premises to Landlord in accordance with the terms of the Lease. C. Designated Parking Space. During the Extension Period and any extension thereof, Tenant shall have the right to use, at no additional cost to Tenant, a dedicated curbside parking space outside Tenant's entrance north of the existing Handicap parking and Tenant shall have the right to identify such parking space accordingly. D. Gross Sales Reporting. Notwithstanding anything to contrary contained in the Lease, as of the Effective Date, Tenant shall not be required to provide Gross Sales reports to Landlord. MISCELLANEOUS Notwithstanding anything to the contrary contained in the Lease, Landlord hereby waives any lien, statutory or otherwise, that Landlord may have on Tenant's fixtures and personal property. All capitalized terms not defined herein shall have the same meaning as set forth in the Lease. 171 3. All the other terms and conditions of the Lease not specifically modified by this Amendment shall remain in full force and effect. 4. Landlord warrants and represents that it is the owner of the Shopping Center and the Premises and has the right, power and authority to execute this Amendment. 5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. The captions, section numbers and paragraph numbers appearing in this Amendment are inserted only as a matter of convenience and in no way define, amplify, limit, construe, or describe the scope or intent of any section of this Amendment. This Amendment and the Lease contain the entire agreement between Landlord and Tenant, and supersede any prior agreements with respect thereto. Except for the warranties, representations, contingencies, conditions and/or agreements set forth in this Amendment and the Lease, no warranties, representations, contingencies, conditions, and/or agreements have been made by Landlord or Tenant, one to the other or between them. This Amendment shall only be binding on the parties upon each party's receipt of a fully executed copy of this Amendment. This Amendment may be executed in multiple counterparts each of which when taken together shall constitute a binding agreement. This Amendment may be executed and delivered by electronic copy or via facsimile, which such electronic copy or facsimile signatures and delivery shall be valid and binding the same as if original documents were delivered. LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND CONDITIONS OF THIS AMENDMENT SHALL PREVAIL AND CONTROL. [REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES ON THE NEXT PAGE] WA 172 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective on the Effective Date first set forth above. LANDLORD: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman BCC Attest: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk TENANT: SALLY BEAUTY SUPPLY LLC, a Virginia limited liability company Michael C. Smith Vice President of Real Estate Approved as to form and legal sufficiency William K. DeBraal Deputy County Approved: By Jason E. Brown County Administrator 173 EXHIBIT A APPROVEDINSURANCE CERTIFICATES 174 ACORO0 � CERTIFICATE OF LIABILITY INSURANCE 11i16i2022 DATE (MM/DD/YYYY) 11i4i2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 2100 ROSS AVENUE, SUITE 1400 DALLAS TX 75201 214-969-6700 CONTACT NAME: _ PHONE AIC No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 11/16/2021 INSURER A: Safety National Casualty Corporation 15105 EACH OCCURRENCE $ 21000,000 INSURED Sally Beauty Holdings, Inc., Sally Beauty 1454045 Supply, LLC, Beauty Systems Group, LLC, INSURER B: Commerce and Industry Insurance Company 19410 INSURER C: Sally Beauty de Puerto Rico Armstrong McCall L.P. 3001 Colorado Blvd. INSURER D: INSURER E: INSURER F: PRAteR T-;4 76;10 COVERAGES CERTIFICATE NUMBER: 15ROO92R REVISION NUMBER: XXXXXXX 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. IPOLICY LTR TYPE OF INSURANCE IVSD WVD SUER POLICY NUMBER EFF MMIDDIIYYYY POLICY EXP MM DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X SIR $500,000 Y Y GL 4045090 11/16/2021 11/16/2022 EACH OCCURRENCE $ 21000,000 DAMAGE TO RENT—E— PREMISES (Ea occu ence) $2 000 000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F7JERI° � LOC OTHER: GENERAL AGGREGATE $ 41000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO AO OS ONLY WNED SCHEDULED AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY N N CA 6675824 11/16/2021 11/16/2022 Ea a.d.n,SINGLE LIMIT $ 2000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $ XXXXXXX Per accident $XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N i 66323384 11/16/2021 11/16/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10.000.000 DED I I RETENTION $ $ XXXXXXX A '4 A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? N (Mandatory In NH) yes, describe under DESCRIPTION OF OPERATIONS below N/A N AOS) LDS4045085 �WI)PS4045088 O )SP4065780 Excess WC $500,000 SIR 11/16/2021 11/16/2021 11/16/2021 11/16/2021 11/16/2022 11/16/2022 11/16/2022 11/16/2022 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. Covered locations include all of Insureds' stores with lease agreements in effect or executed during the policy period. The general liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability, workers' compensation, and excess workers' compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. CERTIFICATE HOLDER CANCELLATION Ree Altnchments 15800928 Third Party Who Requires Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. AII�'i�tts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D555207 Certificate ID: 15800928 POLICY NUMBER: GL 4045090 COMMERCIAL GENERAL LIABILITY CG 2011 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Designation Of Premises (Part Leased To You): All locations owned by, leased to or occupied by the insured. Name Of Person(s) Or Organization(s) (Additional Insured): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. Additional Premium: I $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 110413 © Insurance Services Office, Inc., 2012 Page af�1 Attachment Code: D555208 Certificate ID: 15665431 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT PRIMARY BASIS This endorsement modifies insurance provided under the following Coverage Form: COMMERCIAL GENERAL LIABILITY PRODUCTS/COMPLETED OPERATIONS LIABILITY LIQUOR LIABILITY POLLUTION LIABILITY This endorsement changes the policy effective on the inception date of the policy unless another endorsement effective date is indicated below. SCHEDULE Name of Additional Insured Person(s) or Organization(s): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. Designated Project, Location, or Work of Covered Operations: escribed person(s) As per written contract or agreement with the above described person(s) or organization(s) CHANGES SECTION II - WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), locations(s), or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Form to such Additional Insured(s) applies only: (1) If the "occurrence" or offense takes place subsequent to the execution and effective date of such written contract: and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first. c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. SNGL 023 1209 Safety National Casualty Corporation Page 1 of 2 177 Attachment Code: D555208 Certificate ID: 15665431 The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. d. Obligations at the Additional Insured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. SECTION IV — CONDITIONS is amended by deleting item a. Primary Insurance under 4. Other Insurance and replacing such item by the following, only with respect to insurance provided to the Additional Insured(s) shown in the above Schedule: a. Primary Insurance and/or Primary and Non -Contributory Insurance This insurance is primary if you have agreed in a written contract that this insurance is to be primary. If you have agreed in a written contract that this insurance is primary and non-contributory with the Additional Insured(s) own insurance, this insurance is primary, and we will not seek contribution from that other insurance. The Additional Insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to Endorsement Effective 11/16/2021 Policy No. GL GL 4045090 Endorsement No. Named Insured SALLY BEAUTY HOLDINGS, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By Page 2 of 2 Safety National Casualty Corporation SNGL 023 1209 178 Attachment Code: D555203 Certificate ID: 15800928 POLICY NUMBER: GL 4045090 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE ame Of Person Or Organization: erson(s) or Organization(s) as required by written contract when uch written contract is executed prior to an occurrence, offense or oss to which this endorsement applies. y individually scheduled Waivers shall not be construed to override r negate this blanket Waiver. n required to complete this Schedule, if not shown above, will be shown in the Decl The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 7p, f1 ACORO0 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MM/DD/YYYY) Id 4/27/2022 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, CONTACT PERSON AND ADDRESS PHONEAICNo Ext 214-969-6700 COMPANY NAME AND ADDRESS NAIC NO: 16535 LOCKTON COMPANIES Zurich American Insurance Company 2100 ROSS AVENUE, SUITE 1400 Actual Loss Sustained; # of months: DALLAS TX 75201 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH FAX E_ AIL RESS: AIL AIC No: ADD CODE: SUB CODE: POLICY TYPE PropertyT AGENCYCUS ER ID #: Attach Disclosure Notice / DEC NAMED INSURED AND ADDRESS Sally Beauty Holding, Inc., Sally Beauty Supply, LOAN NUMBER POLICY NUMBER 1120608 LLC, Beauty Systems Group, LLC PPR0281382-05 Sally Beauty de Puerto Rico, Inc X EFFECTIVE DATE EXPIRATION DATE LIMITED FUNGUS COVERAGE Armstrong McCall, L.P. 3001 Colorado Blvd. If YES, LIMIT: 500k oc/1M agg DED: $75,000 CONTINUED UNTIL Denton TX 76210 4/30/2022 4/30/2023 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: rKUrCK I T IrvrUKrvIA I IUry AI.UKU 1U1 may oe axiacneo IT more space IS re Ulreq 131 OWLUINU UK Ia1 bUZ1INt55 VtKJUIVAL VKUF'tK I T LOCATION / DESCRIPTION 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 EVIDENCE OF PROPERTY INSURANCE 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. rtn\/FRAfAP IKICnaMATInAI of Y COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ CONTRACT OF SALE MORTGAGEE Id 10,000,000 DED: $75,000 NAME AND ADDRESS YES NO N/A ® BUSINESS INCOME ❑ RENTAL VALUE X If YES, LIMIT: Actual Loss Sustained; # of months: BLANKET COVERAGE X If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice / DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES, LIMIT: 500k oc/1M agg DED: $75,000 FUNGUS EXCLUSION (If "YES", specify organization's form used) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT: Various DED: $75,000 ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X If YES, LIMIT: Included DED: $75,000 Demolition Costs X If YES, LIMIT: $10,000,000 DED: $75,000 Incr. Cost of Construction X If YES, LIMIT: $10,000,000 DED: $75,000 EARTH MOVEMENT (If Applicable) X If YES, LIMIT: Various DED: Various FLOOD (If Applicable) X If YES, LIMIT: Various DED: Various WIND / HAIL INCL © YES ❑ NO Subject to Different Provisions: X If YES, LIMIT: Various DED: $75,000 NAMED STORM INCLx❑ YES ❑ NO Subject to Different Provisions: X If YES, LIMIT: Various DED: Various PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AnniTInNA I IMTF'RFRT FO ID5482701 ID5908131 © 2003-2015 ACORD CORPORATION. PlIaghts reserved. ACORD 28 (2016/03) The ACORD name and logo are registered marks of ACORD CONTRACT OF SALE MORTGAGEE Id LENDER'S LOSS PAYABLE LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS NAME AND ADDRESS AUTHORIZED REP�_NTATIVE © 2003-2015 ACORD CORPORATION. PlIaghts reserved. ACORD 28 (2016/03) The ACORD name and logo are registered marks of ACORD Named Insured(s): 181 i► 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: Michael Heller, Project Specialist SUBJECT: Jackie Robinson Training Complex Villas Remodel (IRC -1914A) Release of Retainage and Change Order No. 1 DATE: July 12, 2022 DESCRIPTION AND CONDITIONS On October 19, 2021, the Board of County Commissioners awarded Bid No. 2022009 to Gibraltar Construction Company, Inc. in the amount of $1,972,247.00 for interior renovations and mold remediation at the Jackie Robinson Training Complex Villas, located at 390126th Street Vero Beach, FL. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $102,214.08 for a final cost of $1,870,032.92 and makes final contract time adjustments. Gibraltar Construction Company, Inc. has successfully completed the project and has been paid $1,776,531.27 with $93,501.65 held in retainage. Gibraltar Construction Company, Inc. has submitted Contractor's Application for Payment No. 7F for release of retainage in the amount of $93,501.65. FUNDING Funding for the release of retainage in the amount of $93,501.65 is budgeted in Optional Sales Tax/Facilities Management/JRTC Improvements/Retainage-Gibraltar Construction - Account Number 315-206000-17003. RECOMMENDATION Staff recommends approval of Change Order No. land payment of Contractor's Application for Payment No. 7F in the amount of $93,501.65 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 7F Change Order No. 1 APPROVED AGENDA ITEM FOR AUGUST 16, 2022 182 C:\Granicus\Legistar5\L5\Temp\b6769148-fc 17-4813-8fbb-2fd20337445b. doc SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: July 12, 2022 EFFECTIVE DATE: August 16, 2022 OWNER: Indian River County CONTRACTOR Gibraltar Construction Co. Inc. Project: JACKIE ROBINSON TRAINING COMPLEX VILLAS REMODEL OWNER's Project No. IRC -1914A OWNER'S Bid No. 2022009 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, release retainage to the Contractor and make final contract time adjustments. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,972,247.00 Net decrease of this Change Order: $102,214.08 Contract Price with all approved Change Orders: $1,870,032.92 Net increase (decrease) this ACCEPTED: By: Gibraltar Construction Co. Inc CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 120 Final Completion: 150 Net increase (decrease) this Change Order: (days) Substantial Completion: 19 Final Completion: 19 Contract Time with all approved Change Orders: (days) Substantial Completion: 139 Final Completion: 169 RECOMMENDED: Digitally signed by: Michael Heller Michael DN: CN= Michael Haller email= r6heller@ircgov.com C = US O = By: Heller `"Daten River 8:25:19-04TY PROJECT MANAGER (Signature) Date: APPROVED: By: Richard B. Szpyrka Public Works Director OWNER (Signature) Date: IRC -1914A BCC C01 20220606 00942-1 - - - 183 F:\Public Works\ENGINEERING DIVISION PROJECTS\1914A -Jackie Robinson Training Center -Villas Remodel\1-Admin\Agenda Items\Project Closeout\IRC- 1914A_BCC_CO1_20220606.doc Rev. 05/01 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: JACKIE ROBINSON TRAINING COMPLEX VILLAS REMODEL PROJECT NO.: IRC -1914A BID NO. 2022009 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease 14 SOFFET VENTS EA 27 59.20 1,598.40 WCD 1 ABANDONED A/C DUCT WORK (REMOVE) & REMOVE A/C REGISTERS AND PATCH CEILING LS 1 34,854 34,854.00 WCD 2 EXHAUST FAN TIMER SWITCHES LS 1 10,229.23 10,229.23 WCD 3 REPAINT INTERIOR DOORS AND TRIM, WALL REINFORCEMENT AT JAMB, ACCESS HATCH RELOCATION OR MODIFICATION,CEILING REPLACEMENT ROOMS 115 & 116, ELECTRIC BOX FOR CEILING FIXTURE LS 1 35,715.55 35,715.55 WCD 4 IRC BUILDING CODE REQUIRED ELECTRICAL MODIFICATIONS IN 9 ROOMS LS 1 2,225.15 2,225.15 WCD 5 WINDOW TRIM OUT LS 1 18,365.83 18,365.83 WCD 6 ALT A WORK, RE -TEXTURE AND PAINT 30 CEILINGS, REMOVE/REINSTALL FURNITURE LS 1 32,838.00 32 838.00 WCD 7 SIDING TRIM OUT 87 ROOMS, REPLACE DAMAGED 1X8'S 42, DISPOSAL FF&E, WINDOW BLIND STRIP, ROOM 136 WALL REPAIR, INCLUDING BASEBOARD, 1X2 TRIM OVERLAY LS 1 29,453.46 29,453.46 WCD 8 REMOBILIZATION OF SUBCONTRACTORS LS 1 16,246.25 16,246.25 WCD 9 ASBESTOS CLEARANCE TESTING IN 12 ROOMS LS 1 3,864.00 3,864.00 WC 10 DRYWAY AND CEILING REPAIRS LS 1 12,396.05 12,396.05 10 FORCE ACCOUNT LS 1 300,000.00 300,000.00 SUBTOTALS 197,785.92 300,000.00 JACKIE ROBINSON TRAINING COMPLEX VILLAS REMODEL TOTAL $ (102,214.08] '. s FAPublic Works\ENGINEERING DIVISION PROJECTS\1914A-Jackie Robinson Training Center - Villas Remodel\1-Admin\Agenda Items\Project Closeout\IRC-1914A_DESCCHG_ 20220602 �5_ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Amendment No. 1 to St. Johns River Water Management District Grant Agreement 36528 for the Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM) Stormwater Treatment Facility DATE: July 21, 2022 DESCRIPTION AND CONDITIONS In March of 2021, the St. Johns River Water Management District (SJRWMD) awarded Indian River County a $1,250,000.00 grant to assist the County with costs associated with the construction of a Regional Pollutant Removal Facility that will use naturally occurring aquatic plants to absorb and remove dissolved nutrients from stormwater pumped on to the site from the North Relief Canal. The Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM) Stormwater Treatment Facility was designed, permitted, bid and is currently under construction utilizing funds made available under this grant. Amendment No. 1 to SJRWMD Grant Agreement 36528 is being offered to the County as an extension to the original terms of the agreement, extending the timeframe for project completion from September 30, 2022 through to January 31, 2023. This extension came as a request from the County to allow more time to complete the project due to current supply chain issues and delays experienced in receiving some materials necessary for construction. FUNDING There is no additional funding required to accept Amendment No. 1 to SJRWMD Grant Agreement 36528. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Amendment No. 1 to Grant Agreement 36528 extending the terms of the grant from September 30, 2022 to January 31, 2023 in order to allow for completion of construction for the Moorhen Marsh LEAPSTM, and authorize the Chairman to execute Amendment No. 1. ATTACHMENTS SJRWMD Grant Agreement 36528 Amendment No. 1 APPROVED AGENDA ITEM FOR: August 16, 2022 185 AMENDMENT 1 TO AGREEMENT NO. 36528 BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR INDIAN RIVER COUNTY MOORHEN MARSH LEAPS (IRL20-21) THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose mailing address is 4049 Reid Street, Palatka, Florida 32177-2571, and INDIAN RIVER COUNTY ("County") whose address is 1801 27th Street, Board of County Commissioners, Vero Beach, Florida, 32960-3388, and is effective on the date the last party has executed same. PREMISES: The parties entered into Agreement No. 36528 on March 10, 2021 for Indian River County Moorhen Marsh LEAPS (IRL20-21) ("Agreement"). The parties desire to amend the Agreement. NOW, THEREFORE, in consideration of the above premises, which are hereby made a part of this amendment, the mutual covenants contained herein, and other good and valuable consideration, the parties hereby agree to amend the Agreement as follows: Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete — this paragraph and replace it with the following paragraph: The term of this Agreement is from March 10, 2021 ("Effective Date") until January 31, 2023 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made before November 1, 2022. Timely requests to extend, for longer than six months, beyond the original Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof (e.g., delivery of a final report, will remain in full force and effect after the Completion Date as necessary to effect performance). 2. All other terms and conditions of the Agreement, including any prior amendments, are hereby ratified and continue in full force and effect. _1_ 186 IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth below. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT Louis J. Donnangelo, Bureau Chief, or designee, Project Management Date: Date: Attest: -2- Typed Name and Title Typed Name and Title 187 N • CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Environmental Specialist SUBJECT: Amendment No. 1 to Work Order No. 7 Ecological Associates, Inc. Habitat Conservation Plan (HCP) Sea Turtle Monitoring North and South County DATE: July 21, 2022 BACKGROUND AND DESCRIPTI On February 15, 2022 the Indian River County Board of County Commissioners (Board) Approved Work Order No. 7 with Ecological Associates, Inc. (EAI) to provide biological monitoring services relative to sea turtle nest monitoring and reporting. Under the workorder, EAI monitors approximately 10 miles of intermittent shoreline within the County from Florida Department of Environmental Protection's Range Monuments R17 to R20 and R68 to the Indian River/St. Lucie County Line (R119), for a total sum amount of $93,830.35. The 2022 sea turtle nesting season has been more robust than expected, resulting in the need to increase biological monitoring services from EAI. Amendment No. 1 to Work Order No. 7 in the amount of $6,215.00 provides the fees necessary for increased services due to the higher numbers of nests observed on the County's beaches this season. IIII ab] 10110 Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund. Funding for Amendment No. 1 to Work Order No. 7, in the amount of $6,215.00 is budgeted and available in Beach Restoration Fund/Other Professional Services/Habitat Conservation Plan, Account No. 12814472-033190-99007. Account Name Account No. Amount Other Professional Services/ Habitat Conservation Plan 12814472-033190-99007 $6,215.00 RECOMMENDATION The recommendation of staff is for the Board to approve Amendment No. 1 to Work Order No. 7 of the contract with Ecological Associates, Inc. in the amount of $6,215.00, and authorize the Chairman to sign on behalf of the County. ATTACHMENT EAI WO No. 7 Amended Scope EAI WO No. 7 Amendment No. 1 Execution im APPROVED AGENDA ITEM FOR: August 16, 2022 O Exhibit A Mr. Quintin Bergman Indian River County Public Works 180127 1h Street Vero Beach, Florida 32960 Dear Mr. Bergman: AI`ECOLOGICAL ASSOCIATES, INC. February 2, 2022 Ecological Associates, Inc. (EAI) is pleased to submit its revised Scope of Work and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed in October 2021. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2022 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management and Mobilization The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 9.5 -mile southern section (R-68 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with the County, and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2022 and will continue uninterrupted through September 30, 2022. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. 190 Ecological Associates, Inc. — Cost Proposal and Scope of Work 2 Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff either on foot or using ATVs (Indian River County staff have agreed to per the nesting surveys three days per week through September 30 in the southern survey area; EAI will perform all surveys thereafter). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email on a weekly basis to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). 191 Ecological Associates, Inc. — Cost Proposal and Scope of Work 3 Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 195 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 60 total nests requiring protection). Task 5: Reporting EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. Task 6: Data QA/QC Coordination EAI staff will provide initial QA/QC to County staff at the beginning of the nesting season and follow-up QA/QC throughout the nesting season. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AA# -e -e MW; -k Grace Botson Project Manager 192 Ecological Associates, Inc. — Cost Proposal and Scope of Work 4 c: Niki Desjardin/Director of Operations 193 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — February 2, 2022 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2022 (Project No. 22-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email: gber ig nan(-,irc ov.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated February 2, 2022. PROJECT DURATION: March 2022 — December 2022. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost Shared Project Costs 1 Project management and mobilization$4,681.00 Subtotal $4,681.00 North HCP Area 2a Sea turtle monitoring and data management 240 days) $16,930.00 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 45 nests at $66.20/nest) $2,979.00 4a Nest protection not to exceed 10 nests $250.00 5a Reporting $1,001.00 Subtotal $21,160.00 South HCP Area 2b Sea turtle monitoring (147 days) and data management 240 Oda $50,595.35 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 150 nests at $66.20/nest) $9,930.00 4b Nest protection not to exceed 50 nests $1,250.00 5b Reporting $3,154.00 6 Data QA/QC Coordination $3,060.00 Subtotal $67,989.35 194 Ecological Associates, Inc. — Cost Proposal and Scope of Work 3 TOTAL (not to exceed) 1 $93,830.35 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services renewed in October 2021. 195 W 0 0 O 0 00 F 59169169 rte. I M I M I M QINF 5.1 T O O O O o kn O O O O � O M a O kn O1 O1 � O -0 69 69 69 O ,� .- U 69 69 69 69 69 r O O O O O O O O O O vl >:r 0 � 0 0 0 0 ..- r.-� a p„ i C~ bA U "O eC 0 0 7r 11C Ln O O6 O V O O � � x O 00 O M V)\�c"o M�,c O 5.1 T CDS 0)M �O M 00 M 66 O ^O C." R1 L O O O O O o kn O O O O O O M O kn O1 O1 N O -0 O "D N O .- 69 69 69 69 69 r O O O O O O O O O O vl yr 0 0 0 0 0 0 ..- r.-� N O C, O O "O v 0 0 7r 11C Ln O O6 O V O O +�+ O O 00 O M V)\�c"o M�,c 00 .0 L O\ = 69 69 69 69 69 69 69 69 +n N Lr) in 69 69 69 69 69 69 69 69 69 69 tn N O O O O O O O O O O O O O O O O �? N O N D1 � O 00 O �D 00 N O O M 0 0 0 0 0 0 O O 00 0 69 69 69 69 69 69 69 69 N O oo N O v� O oo O O 1 a O 69 69 69 69 69 69 69 69 69 69 .� 'd O O U U _O O U 61) p w w cq vn ar y ,a U 'r, U U �--i . U Ri �--� U Y Q U a3 C,3 Y U U Cir N Ey W bA Y 7� O O O" cC bA 'd 0 A O C: � � b0 U O H O � O M c� O U M O �a ice+ cd N U U U zwz x 0 Q O ci C13 M M bA O ce H CDS 0)M �O M 00 M 66 O ^O C." R1 L O Ln o 0 0 0 kn M O O O O M O kn 00 r a\ N .�- O r 69 69 69 69 69 6R O O to 0 0 0 0 0 0 0 kn O 00 0 0 0 0 0 0 0 7r 11C 00 O O6 O V O O +�+ O O 00 O M V)\�c"o M�,c 00 .0 L O\ = 't 69 69 69 69 69 69 69 69 69 69 tn 00 - M O O Ln 0 0 0 0 0 0 0 O O 00 0 0 0 0 0 0 0 N O oo N O v� O oo O O a 69 69 69 69 69 69 69 69 69 69 o 61) p U 'r, U U �--i . U Ri �--� U Y U a3 C,3 Y U Y Cir C� Ey W Y 7� 0 C: U bq c� M O ice+ cd Q O bA O M C: [� O o `3 o U Y U Y cn C w'zwz Q 0 CC CDS 0)M �O M 00 M 66 O ^O C." R1 L O Exhibit B Amendment No.1 Description of Itemized Changes Habitat Conservation Plan Sea Turtle Nest Monitoring 2022 Ecological Associates, Inc. Work Order No. 7 Item No. Description Unit Quantity Unit Price Price Increase 3b Nest marking and Monitoring (South HCP) ea 75 $ 66.20 $ 4,965.00 4b lNest protection (South HCP) ea 50 $ 25.00 $ 1250.0( Habitat Conservation Plan Sea Turtle Nest Monitoring 2022 Total $ 6,215.00 197 AMENDMENT _1_ TO WORK ORDER 7 PROJECT NAME: HCP Sea Turtle Monitoring 2022 — North and South County This Amendment 1 Work Order Number 7 is entered into as of this day of , 2022, pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Service, dated October 10th, 2017, renewed on October 15, 2019 and renewed a second time on October 5, 2021 for an additional 2 years, referred to as the ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 7 , executed _February 15, 2022 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. An increase to the total contract amount of $6,215.00 is needed to address the additional nest marking and monitoring activities performed by the Consultant due to higher than anticipated sea turtle nesting activity on the beaches within Indian River County_ These additional nest markings were performed in accordance with the fee schedule set forth in Exhibit B (Fee Schedule), 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 second written above. IN WITNESS WHEREOF, the parties hereto have executed this Work Order Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER Ecological Associates, Inc. COUNTY By: Title: By: Peter O'Bryan, Chairman 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: William K. DeBraal, Deputy County Attorney W INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager SUBJECT: Amendment No. 1 to APTIM Work Order No. 2018006-13, Sector 3 Beach and Dune Restoration Project (IRC1925) Post Construction Environmental Monitoring (Phase 1 Year 1 Monitoring and Phase 2 Immediate Post Construction Monitoring) DATE: July 28, 2022 DESCRIPTION AND CONDITIONS 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 Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. Sector 3 beaches sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. Construction of the Sector 3 Beach and Dune Restoration project has since been completed, with construction taking place in 2 phases based on the size and scope of the project. Phase 1 was constructed in 2021, with Phase 2 construction having been completed in January 2022. Phase 1 represented approximately 3.7 miles in the northern portion of the project area, with Phase 2 beginning at Wabasso Beach Park and continuing south approximately 2.9 miles. On February 15, 2022 the BCC approved APTIM Work Order No. 2018006-13 for professional services related to permit required post -construction environmental monitoring for Phase 1 and Phase 2. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Beach and Dune Restoration Project, the required monitoring includes: • Year 1 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 1. (Task 1) • Immediate Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 2 (Task 2) The 2022 sea turtle nesting season has been more robust than expected, resulting in the need to increase the sea turtle monitoring portions of APTIM Work Order No. 2018006-13. As s1919 Page 2 of 2 BCC Agenda Item APTIM Work Order No. 2018006-13, Amendment No. 1 Item for August 16, 2022 Amendment No. 1 to Work Order No. 2018006-13 requests an increase of funds to cover costs associated with increased sea turtle monitoring services due to the higher numbers of nests observed on the County's beaches this season. Amendment No. 1 to Work Order No. 2018006- 13 increases the fees by $19,117.50 per the breakdown below: • Year 1 Post -Construction Sea Turtle Monitoring for Phase 1, increase of $12,339.15. (Task 1) • Immediate Post -Construction Sea Turtle Monitoring for Phase 2, increase of $6,778.35. (Task 2) FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue, FEMA project worksheets and FDEP grants. Funding for Amendment No. 1 to Work Order No. 2018006- 13 in the amount of $19,117.50 is budgeted and available for the Sector 3 Beach and Dune Nourishment Project in the Beach Restoration Fund/Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. Account Name I Account No. I Amount Sector 3 Post Construction Monitoring 12814472-033490-05054 1 $19,117.50 RECOMMENDATION Staff recommends the BCC authorize Amendment No. 1 to Work Order No. 2018006-13 in the total lump sum amount of $19,117.50. Additionally, staff recommends the BCC authorize the Chairman to execute Amendment No. 1 to Work Order No. 2018006-13. ATTACHMENTS 1.0 2018006-13 Amendment No 1 2.0 2018006-13 Amendment No 1 Execution APPROVED AGENDA ITEM FOR: AUGUST 16, 2022 200 )>t APTIM July 29, 2022 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Amendment #1 to Work Order #13 2022 Post -Construction Environmental Monitoring Dear Eric: Aptim Environmental & Infrastructure, Inc. 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This amendment request is submitted for Aptim Environmental & Infrastructure, LLC (APTIM), to provide additional professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Renourishment Project. APTIM's approved subconsultant, Ecological Associates, Inc. (EAI), has documented a record number of sea turtle nests along the Sector 3 project areas to date and has currently exceeded the allotted funds for nest marking and monitoring. This amendment requests to increase the funds under Task 1B and Task 2B to account for the estimated nest marking and monitoring activities for the remainder of the 2022 monitoring season. The additional scope of work to support the County includes the following items: 1. Phase 1— Year 1 Post -Construction Environmental Monitoring (R-20 to R-40) 1B. Sea Turtle Monitoring • Increase the number of marked nests by 165 nests to a total of 315 nests • Project and contract management • The lump sum cost of this task is $12,339.15 2. Phase 2— Immediate Post -Construction Environmental Monitoring (R-40 to R-55) 2B. Sea Turtle and Shorebird Monitoring • Increase the number of marked nests by 85 nests to a total of 235 nests • Project and contract management • The lump sum cost of this task is $6,778.35 A breakdown of the hours and expenses to develop the cost is provided on the following page and EAI's cost breakdown for sea turtle monitoring tasks is provided as Attachment 1. The scope and fee were developed following the provisions of the Professional Services Agreement between the County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RF4#2018006). 201 ,,APTIM Summary July 29, 2022 Page 2 of 4 The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Amendment #1 to Work Order #13 is $19,117.50. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Debra Neese, APTIM Authorized Corporate Signature Nicole S. Sharp P.E. Printed Name Coastal Restoration & Modeling Program Manager Title 202 A P T I M July Zo Pagege 4 3 of 4 Indian River County, Florida Sector 3 - 2018006 - Work Order #13 2022 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Amendment #1 Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1A Phase 1 (Yr 1 Post) Nearshore $ $ $ $ $ $ Hardbottom Biological kbnitorin $ 165.00 - $ 2 $ 330.00 0 $ 2 $ 330.00 4 Task 1B Phase 1 (Yr 1 Post) $ 870.00 $ 135.00 - $ - 4 $ 540.00 $ 11,469.15 $ 12,339.15 8 Sea Turtle & Shorebird Monitorin 1,080.00 Marine Biolo ist II $ 95.00 - $ 0 $ Task 2A Phase 2 (I -Post) Nearshore $ $ $ $ $ $ 0 $ Hardbottom Biological kbnitorin $ GIS Operator $ 105.00 - $ Task 2B Phase 2 (I -Post) $ 870.00 $ $ 5,908.35 $ 6,778.35 - $ Sea Turtle & Shorebird kbnitoring 0 $ $ S Bookkeeper Totals = $ 1,740.00 $ - $ $ $ 17,377.50 $ 19,117.50 Indian River County, Florida Sector 3 - 2018006 - Work Order #13 2022 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Amendment #1 Summary of Labor Hours and Cost Labor Title Labor Bill Rate Phase 1 (Yr 1 Post) Nearshore HB Monitoring Task 1A Labor Cost Hours Phase 1 (Yr 1 Post) Sea Turtle & Shorebird Monitoring Task 1 B Labor Cost Hours Phase 2 (I -Post) Nearshore HB Monitoring Task 2A Labor Cost Hours Phase 2 (I -Post) Sea Turtle & Shorebird Monitoring Task 2B Labor Cost Hours Labor Hours Totals Cost Principal Engineer/Sr Pro Mn r $ 250.00 - $ 0 $ $ $ Sr Coastal Engineer/pro Mir $ 165.00 - $ 2 $ 330.00 0 $ 2 $ 330.00 4 $ 660.00 Senior Marine Biologist $ 135.00 - $ - 4 $ 540.00 0 $ 4 $ 540.00 8 $ 1,080.00 Marine Biolo ist II $ 95.00 - $ 0 $ $ $ Senior CAD Operator $ 140.00 - $ 0 $ $ $ GIS Operator $ 105.00 - $ 0 $ $ $ Boat Captain $ 80.00 - $ 0 $ $ S Bookkeeper $ 80.00 $ 0 $ $ S Clerical $ 71.00 - $ 0 $ $ S Subcontractors - - $ $ 11,469.15 $ - $ 5,908.35 $ 17,377.50 ,Equipment $ $ $ $ Materials - $ $ _ $ $ _ Mobilization/Other ODCs - $ $ _ $_ $ TOTAL - $ $ 12.339.15 $ 6 $ 6,778.35 6 $ 19,117.50 203 APTIM ATTACHMENT 1 EAI COST BREAKDOWN 204 Description of Itemized Changes Sector 3 Phase 1 Post -construction Sea Turtle Monitoring Program 2022 Ecological Associates, Inc. O.S. No. 218038 (Project/Tasking No. 631024885) Item No. Description Unit Quantity Unit Price Price Increase 4 1 Nest marking and Monitoring ea 165 $ 66.20 $ 10,923.00 Sector 3 Phase 1 Sea Turtle Monitoring Program 2022 Total $ 10,923.00 205 Description of Itemized Changes Sector 3 Phase 2 Post -construction Sea Turtle Monitoring Program 2022 Ecological Associates, Inc. O.S. No. 218038 (Project/Tasking No. 631024885) Item No. Description Unit Quantity Unit Price Price Increase 4 1 Nest marking and Monitoring ea 85 $ 66.20 $ 5,627.00 Sector 3 Phase 2 Sea Turtle Monitoring Program 2022 Total $ 5,627.00 206 AMENDMENT 1 TO WORK ORDER 2018006-13 Sector 3 Post Construction Environmental Monitoring This Amendment 1 to Work Order Number 2018006-13 is entered into as of this day of , 202_, 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 Aptim Environmental & Infrastructure, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2018006-13 , Effective Date February 15, 2022 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) in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 2018006-13 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: APTIM Environmental & Infrastructure By: Print Name: Title: Peter D. O'Bryan, 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 207 7CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Kylie Ariotti, Beach Environmental Specialist SUBJECT: Release of Retainage for Sector 5 Additional Dune Planting Project (IRC -2112) DATE: August 4, 2022 DESCRIPTION AND CONDITIONS The Sector 5 Beach and Dune Restoration Project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016), Hurricane Irma (2017), and Hurricane Dorian (2019). In response to the damage and background erosion, the County constructed the Sector 5 Beach and Dune Restoration Project in February 2020 in order to maintain protection to upland properties and infrastructure. The Sector 5 Beach and Dune Restoration project consisted of placing approximately 166,176 cubic yards of beach compatible sand obtained from an upland sand mine on the beach and dune system. Additionally, 120,750 native, salt tolerant plants were installed on the newly created dune at the approved planting density of 18 inches on center. Funding assistance for the Sector 5 Beach and Dune Restoration Project was made available through FEMA, the Division of Emergency Management, the Florida Department of Environmental Protection and Indian River County through the Tourist Tax revenue account. As part of FEMA's requirement to provide funding, an additional storm mitigation element was added to the project in order to provide an extra level of protectionary measures from future storms. In the case of the Sector 5 Beach and Dune Restoration Project, the mitigation element approved by FEMA was the installation of 135,000 additional sea oats plants in the newly constructed dune. Sea oats are known for their resilience to beach conditions and aggressive root structure that aids in retaining dunes. The mitigation element called for installing these additional plants at a density of 9 inches on center, in between the existing plants. The County secured the services of Aptim Environmental & Infrastructure, LLC (APTIM) to pursue permitting and design for the increase in dune plants, as well as for installation oversight and warranty monitoring. On October 8, 2021 the County advertised for Bid No. 2022001 for the addition of 135,000 sea oats to the 3 mile stretch of the Sector 5 project. Bids were received on November 10, 2021, with the lowest responsive, responsible bidder being Cardno, Inc., with a bid amount of $148,250.00. 1: Page 2 Release of Retainage for Sector 5 Additional Dune Planting Project (IRC -2112) August 16, 2022 BCC Meeting On December 7, 2021 staff brought before the Board of County Commissioners (BCC) a recommendation to award Bid No. 2022001 to Cardno, Inc. in the amount of $148,250.00 for Sector 5 Additional Dune Planting Project (IRC -2112). The BCC unanimously approved staffs recommendation of award of Bid No. 2022001 to Cardno, Inc. Installation of plants for the Sector 5 Additional Dune Planting Project commenced on February 2, 2022 and ran through February 24, 2022. Warranty metrics for the survival and growth of the newly installed dune plants has since been met, with monitoring being performed by the County and APTIM. Cardno, Inc. has been paid $126,753.75 to date, with $6,671.25 being held in retainage. Cardno Inc. has submitted Contractor's Application for Payment No. 4 for the final payment amount of $14,083.75, with 5% retainage of $741.25 being withheld. In addition, Cardno, Inc. has submitted an invoice to account for the release of retainage in the amount of $7,412.50. FUNDING Funding for the Sector 5 Additional Dune Planting project was provided by a portion of Local Option Tourist Tax and FEMA Project Worksheets. Funding for the final payment of $14,083.75 is available in the Beach Restoration Fund/Other Contractual Service/Hurricane Matthew, Account # 12814472-033490-17001, with the release of retainage being available in the Beach Restoration Fund/Retainage-Cardno, Inc., Account #128-206003-17001 for $7,412.50. Account Name Account Number Amount Beach Restoration/Other Contractual Services /Hurricane Matthew 12814472-033490-17001 $14,083.75 Beach Restoration/Retainage-Cardno, Inc. 128-206003-17001 $ 7,412.50 RECOMMENDATION Staff recommends payment of final invoice number 4 in the amount of $14,083.75, and the release and payment of Contractor's retainage in the amount of $7,412.50. ATTACHMENTS 1. APTIM Recommendation of Payment 2. Sector 5 Additional Dune Plants Pay App No 4 3. APTIM Retainage Payment Recommendation 4. Cardno, Inc. Sector 5 Release of Retainage APPROVED AGENDA ITEM FOR AUGUST 16. 2022 \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\2112 Sector 5 Additional D2ne 09 Plantings\1-Admin\Agenda Items\2022-0816_CONSENT_ Sec 5 Add Dune Retainage Release )>t APTIM August 4, 2022 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County Sector 5 Dune Vegetation Project Pay Recommendation #4 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 letter regards payment to Cardno, Inc. (Cardno) for work associated with planting additional dune vegetation along the Sector 5 Beach and Dune Project area. Pay Application #4 was submitted by Cardno on August 4, 2022, and an assessment of the quantities and amounts requested for payment is provided herein. During this pay period, Cardno participated in post -construction coordination and warranty site visits. Based upon the level of activities and coordination, the total recommended payment for Pay Application #4 is $14,825.00 less 5% retainage Thus, the total amount due for Pay Application #4 is $14,083.75. Cardno's Payment Application is attached. Please feel free to contact me for additional information or clarification. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC cc: Kylie Ariotti, Indian River County James Austin, APTIM 6401 CONGRESS AVENUE, SUITE140, BOCA RATON, FL 33487 1.561.391.8102 • FAX 561.391.9116 • APTIM 210 IRC -2112 SECTION 00622 - Contractor's Application for Payment SECTOR 5 ADDITIONAL DUNE PLANTING PROJECT Application for Payment No. 4 For Work Accomplished through the period of Aprill, 22through July 20,2022 To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -2112 FM No.: N/A Bid No.: 2022001 1) Attach detailed schedule and copies of all paid invoices. 2. 3. 4. 5. 6. 7. 8. Original Contract Pnce: Net change by Change Orders and Written Amendments (+ or Current Contract Price (1 plus 2): Total completed and stored to date: Retainage (per Agreement): 5% of completed Work: % of retainage: Total Retainage: Total completed and stored to date less retainage (4 minus 5), Less previous Application for Payments: DUE THIS APPLICATION (6 MINUS 7): $ 148.250.00 $ 148.250.00 $ 741.25 $7412.50 $140.837.5 $ 126,753.75 $14,083.75 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Contractor's Application for Partial Payment - 06-09 re? 1322 - 1 2 Updated Construction Schedule per Specification Section 01310. <5 By: . (CONTRAC OR — must be signed by an Officer of the Corporation) Dated 08/03/2022 STATE OF Indiana COUNTY OF St, Joseph_ IRC -2112 Page 2 of 5 Sean Clauson, Assistant Vice President Print Name and Title Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this 814 day of 20_x, by Span ,I Clatt�on (name of person making statement). (Signature of NoWy Public - State of PWr ) Indiana (Print, Type, or Stamp Commissioned Name of Notary Public) ❑Cwho is personally known to me or ❑ who has produced as identification. Please remit payment to: ©FA•S t-2p?6+ F9 NOTARY N o PUBLIC o: .g N SEAL ti i S� SSjOSaPh Go��1.• �� OF IN' Contractor's Name: Cardno, Inc. Address: PO Box 123422 Dallas, TX 75312-3422 [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 r2u22 - 2 )>Ik APTIM August 4, 2022 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County Sector 5 Dune Vegetation Project Release of Retainage 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 letter regards payment to Cardno, Inc. (Cardno) for work associated with planting additional dune vegetation along the Sector 5 Beach and Dune Project area. Release of Retainage was submitted by Cardno on August 4, 2022, and an assessment of the quantities and amounts requested for payment is provided herein. All work has been completed and accepted to date, and thus release of retainage is recommended. The total recommended payment for the Release of Retainage is $7,412.50. This is the final payment application to be processed for the Sector 5 Dune Vegetation Project. Cardno's Payment Application is attached. Please feel free to contact me for additional information or clarification. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC cc: Kylie Ariotti, Indian River County James Austin, APTIM 6401 CONGRESS AVENUE, SUITE140, BOCA RATON, FL 33487 1.561.391.8102 • FAX 561.391.9116 • APTIM 213 ® Stantec INVOICE Page 1 of 1 Bill To Indian River County, FL Accounts Payable 1800 27th Street Vero Beach FL 32960 United States Invoice Number Invoice Date Purchase Order Customer Number Project Number Please Remit To Cardno, Inc 13980 Collections Center Drive Chicago IL 60693 United States Project J21X246500 - Indian River: Sector 5 Additional Dune Plantings Project County Project #: IRC -2112 Project Manager Gross, Richard A Contract Upset Amount Current Invoice Total (USD) 7412.50 Billed to Date Holdback/Retention to Date For Period Ending Holdback/ Retention to Date Total Fees & Disbursements INVOICE TOTAL (USD) Due upon receipt or in accordance with terms of the contract RETAINAGE July 22, 2022 238101032 149874 238101032 148,250.00 148,250.00 $7,412.50 July 22, 2022 7,412.50 7412.50 214 13W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Work Order No. 52 - Kimley-Horn and Associates, Inc. 43'd Avenue Pedestrian and Bicycle Access Improvements from 12th Street to 18th Street (IRC -1818) DATE: August 5, 2022 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. and on May 18, 2021 approved the Renewal and Amendment No. 1 to the Agreement. In March of 2018, the Indian River County Public Works Department applied to the Florida Department of Transportation (FDOT) for Small County Outreach Program (SCOP) grant funding to make roadway and pedestrian improvements 43rd Avenue between the 12th Street and 18th Street. Staff had determined that this section of roadway lacked adequate interconnected pedestrian and bicycle facilities. The proposed design will include milling and resurfacing, 6 -foot sidewalks and 5 -foot paved bike lanes along both sides of 43 d Avenue between 12th Street and 18th Street. This section is approximately 4,000 linear feet and connects the pedestrian and bike lane facilities currently under construction with the SR 60 and 43rd Avenue project. FDOT approved the proposed project within the SCOP 5 -year funding plan. The purpose of Work Order No. 52 is to provide survey, and geotechnical investigation, sidewalk, drainage and roadway design, and permitting services for the proposed roadway & pedestrian improvements to be made to the 43rd Avenue between the 12th Street and 18th Street. The design plans are necessary to meet FDOT's project schedule and help ensure that SCOP grant funds are obtainable to pay for a portion of the construction. Work Order No. 52 is for a total lump sum amount of $213,828. FUNDING Funding in the amount of $213,828 for Work Order No. 52 is available in Account No. 31521441- 066510-22027 - Optional Sales Tax/43rd Avenue Pedestrian & Bicycle Access Improvements/121h Street to 18th Street. Account Name Account Number Amount Optional Sales Tax/ 43 d Avenue Pedestrian & Bicycle Access Improvements/ 12th Street to 18th Street 31521441-066510-22027 $213828 ' 215 PAGE TWO BCC Agenda Item WO No. 52 — KHA — 4311 Ave Ped & Bike Access Improvements from 12th Street to 18th Street For August 16, 2022 RECOMMENDATION Staff recommends approval of Work Order No. 52 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 52 on their behalf for a lump sum amount of $213,828. ATTACH M E NTS Kimley-Horn Work Order 52 AGENDA ITEM FOR AUGUST 16, 2022 216 C:\Users\ufc-prod\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@A81306ED\@BCL@A81306ED.docx WORK ORDER NUMBER 52 43RD AVENUE PEDESTRIAN & BICYCLE IMPROVEMENTS PROJECT This Work Order Number 52 is entered into as of this _ day of 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A —SCOPE OF WORK The County desires to expand the pedestrian and bike lane networks and enhance their interconnectivity between communities. The County desires to design and permit 6 -foot sidewalks and 5 -foot paved bike lanes along both sides of 43�d Avenue between 121h Street and 18th Street, approximately 4,000 linear feet. This project will connect to and expand the pedestrian and bike lane facilities currently under construction within the SR 60 and 43rd Avenue Project. In addition to the pedestrian and bike lane improvements, the County desires to include milling and resurfacing plans for 43rd Avenue within the project limits. A. Topographic Design Survey: The Consultant will provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Standards of Practice, established by the Board of Professional Surveyors and Mappers, Chapter 51-17, Florida Administrative Codes, pursuant to current Section 472.027, Florida Statutes, per 51-17.050 through 51-17.052. The survey will include: The survey will include: I I P x217 Work Order No. 52 43,d Avenue Pedestrian & Bicycle Improvement Project 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. A Design Survey Baseline will be established and monumented. A minimum of three Design Survey Baseline monuments will be installed. 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS. All elevations will be referenced to NAVD 1988 datum. The limits of the topographic design survey are as follows: 43rd Avenue - between 121h Street and 1811 Street, approximately 4,000 linear feet. Topographic survey shall extend no less than 15 feet beyond the right-of- way. B. Geotechnical Investigation: The Consultant will retain the services of a Geotechnical sub -consultant to assist in evaluating the existing soil and roadway pavement conditions. The Geotechnical sub - consultant will provide the following Geotechnical Services: 1. Field Exploration Program • Six (6) pavement cores along the shoulder alternating sides • Ten (10) 6 -feet deep hand augers alternating side of the roadway 2. Engineering Analysis and Report The Geotechnical Sub -Consultant Engineer shall perform analysis of all the data obtained to evaluate subsurface conditions and develop engineering recommendations to guide site preparation procedures and foundation support. C. Construction Documents: The Construction plan set shall consist of the following: Page 2 of 9 218 Work Order No. 52 431 Avenue Pedestrian & Bicycle Improvement Project PHASE SUBMITTALS 60% 75% 100% Cover Sheet (Location map, Project Length, Engineer of Record) C F F General Notes C C F Summary of Pay Items/Quantities P C F Horizontal and Vertical Control Sheets C (Benchmarks, Reference Points, Section C F Corners) Details P C F Plan Sheets (40 scale) C C F Cross Sections at approximately 100 ft C intervals, extending 10'beyond proposed C right-of-way (1"=5' Vertically, F 1"=20'Horizontally) C Signage & Pavement Marking Plans (40 scale) Included in Plan Sheets P F Construction Cost Estimate and C Quantities C F Notes: P — Preliminary, C — Complete, but subject to change, F - Final General Construction Plan Requirements: 2. Plans shall be prepared on 11" x 17" sheets. 3. Each phase submittal shall include drawings in PDF format. 4. Plan sheets shall depict existing right-of-way, section lines, property lines, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 5. Plans shall include spot grades adequate to describe any proposed grading. Spot grades will be provided to delineate ADA regulation compliance. 6. Match lines shall not be located within the limits of an intersection. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers. 9. All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 10. Initial (30% completion), preliminary (60% completion), interim (90% Pagc 3 of 9 219 Work Order No. 52 431d Avenue Pedestrian & Bicycle Improvement Project completion) and Final Plan (100% completion) Submittal shall include the following: L One (1) set of drawings in PDF format. ii. One (1) Opinion of Probable Construction Cost The plans will be prepared based upon English units. Final design files will be submitted in AutoCAD format. D. Signing and Pavement Marking Plans: Signing and Pavement Markings will be included within the Roadway Plan set. Quantities will be provided in the Summary of Pay Items sheet. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, and complete in design. E. Type I Categorical Exclusion: The Consultant will attend one (1) kickoff meeting with the County to discuss the project details. The Consultant will review readily available GIS databases to determine listed species known in the area or those species that could potentially occur within the project corridor or immediate vicinity. This will also include a review of the existing land use/land cover as mapped by the South Florida Water Management District (SFWMD) and the existing soil survey. The Consultant will also request information from the Florida Natural Areas Inventory (FNAI) and the US Fish and Wildlife Service (USFWS) IPaC Trust Resources Report. Lastly, the Florida Department of Environmental Protection (FDEP) OCULUS database will be researched for existing contamination data within and adjacent to the project corridor. Following this desktop review, the Consultant will conduct field reconnaissance to review the project corridor. Representative photographs will be taken, and a photographic log will be prepared. The Consultant will complete a Type I Categorical Exclusion checklist along with the environmental support document and accompanying maps. The maps prepared will include a location map, US Geological Survey (USGS) Topographic map, Natural Resources Conservation Service (NRCS) soils map, land use/land cover map, Federal Emergency Management Agency (FEMA) flood zone map, and a listed species map, if applicable. Upon approval from the County, the project will be entered into the Statewide Environmental Project Tracker (SWEPT). Page 4 of 9 220 Work Order No. 52 43rd Avenue Pedestrian & Bicycle Improvement Project F. Cultural Resource Assessment Survey: These services will be conducted in compliance with Section 106 of the National Historic Preservation Act (NHPA) of 1966, Chapter 267 of the Florida Statutes (F.S.), Chapter 1A-46 (Archaeological and Historical Report Standards and Guidelines), Florida Administrative Code (FAC), the conditions and specifications in the Florida Division of Historical Resources (FDHR) Module 3: Guidelines for Use by Historic Preservation Professionals (2003), and the FDHR June 2022 CRAS Sufficiency Checklist. The Principal Investigator will meet the Secretary of the Interior's Professional Qualification Standards (48 FR 44716) for archaeology, history, architecture, architectural history, or historic architecture. Archival Research Background research will include a review and analysis of the Florida Master Site File (FMSF) data to identity previous surveys and previously recorded resources within the project area and vicinity. An analysis of available historic and modern aerial photographs, historic General land Office (Gl0) plat maps and associated surveyors' notes, United States Geological Survey (USGS) 7.5 -minute topographical maps, historic soil surveys, and pertinent environmental variables will also be conducted. This analysis will be used to reconstruct past land use and assess the potential for archaeological sites and historic resource within the project areas. Precolumbian period and historic period contexts will also be reviewed and developed to provide a framework within which the archaeological and historical records can be understood. A summary of the project area's archaeological and historic contexts and pertinent environmental features will be prepared from the results of the archival research. This information will inform the survey strategy and provide the context in which the significance of any resources identified during the project can be evaluated. Cultural Resource Assessment Survey The CRAS will include a survey to identify both archaeological sites and historic resources. Based on the proposed improvements, the area of potential effect (APE) will be narrowly defined and only resources directly within the APE will be documented. Archaeological Survey The archaeological survey will include a reconnaissance level survey to document existing conditions and determine where archaeological subsurface testing is feasible. Any area where archaeological subsurface testing is possible will be marked and coordination with the Sunshine 811 Call Center will be conducted to locate any underground utilities. Areas where excavation is not possible will be documented with field notes and photographs. Subsurface tests will be .5 m (20 inches) in diameter and dug to a minimum depth, subsurface conditions permitting, of one meter (3.3 feet). All excavated soils will be sifted through 6.4 mm (% inch) metal hardware cloth screen suspended from portable wooden frames. Any cultural materials recovered will be stored in plastic bags with all provenience data recorded. Field notes on each test performed Page 5 of 9 221 Work Order No. 52 43,d Avenue Pedestrian & Bicycle Improvement Project will be recorded, and the location of all tests will be clearly marked on aerial photographs of the project area. A Florida Master Site File form will be completed for any archaeological site identified during the survey. Historic Resources Survey A historic structures survey will be conducted to ensure that historic resources constructed in 1974 or earlier are identified and documented. Resources directly within the APE will be identified and documented on Florida Master Site File forms (FMSF). Photographs will be taken and a log kept recording the resource's physical location and compass direction of each photograph. Each resource's individual significance will then be evaluated for its potential eligibility for listing in the National Register of Historic Places (National Register). Historic physical integrity will be determined from site observations, field data, and photographic documentation. Documentation and Report Preparation A draft report presenting the methods, findings, evaluations, and recommendations of the cultural resource assessment will be prepared and submitted to Kimley-Horn for review and comment. The draft report will be submitted electronically. Any comments will be incorporated into the final report. The Consultant will prepare and submit the final report and associated documentation to the Florida State Historic Preservation Officer (SHPO)/FDHR. G. Jurisdictional Permitting: The Consultant shall prepare jurisdictional permit applications necessary to support the proposed improvements. The following agencies are anticipated to require applications/review to facilitate the proposed improvements: • Saint Johns River Water Management District (SJRWMD) —Environmental Resource General Permit • Indian River Farms Water Control District (IRFWCD) — Connection Permit • Florida Department of Environmental Protection (FDEP) — State 404 Program Permit • Florida Department of Transportation (FDOT) —State Electronic Review Comment (ERC) system The Consultant has included $4,000 as a reimbursable expense to address SJRWMD and IRFWCD application fees. The County will be responsible for any mitigation bank costs necessary to mitigate potential environmental impacts, if necessary. Page 6 of 9 222 Work Order No. 52 431 Avenue Pedestrian & Bicycle Improvement Project EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Topographic Design Survey $ 20,102 Geotechnical Investigation $ 4,200 Construction Documents $ 109,620 Signing and Pavement Marking Plans $ 13,010 Type I Categorical Exclusion $ 8,580 Cultural Resource Assessment Survey $ 15,136 Jurisdictional Permitting $ 43,180 Project Total = $ 213,828 Page 7 of 9 223 Work Order No. 52 43rd Avenue Pedestrian & Bicycle Improvement Project EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately sixteen (16) months from the Notice to Proceed (NTP). 60% Plan Submittal 75% Plan Submittal 100% Plan Submittal contingent upon approval 4 months following NTP 6 months following NTP 9 months following NTP Page 8 of 9 224 Work Order No. 52 43r1 Avenue Pedestrian & Bicycle Improvement Project 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: KIMLEY-HORN AND-4-S-SQCIATES, INC. By: BriahiGoDd. P.E. Title: Senior Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, 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 Page 9 of 9 225 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Renewal of Lease Agreement 260151" Avenue, Vero Beach, FL 32966 Tenant: Ember Pappas DATE: August 10, 2022 DESCRIPTION AND CONDITIONS The County purchased the 0.27 -acre parcel located at 2601515YAvenue, Vero Beach, FL from Theodore Bartosiewicz on January 21, 2020. The purchase is an advanced acquisition of Right -of -Way for the 26' Street project. The County assumed the lease with tenants, Nick & Ember Pappas. The current lease agreement expires on September 1, 2022. The current rent is $600.00 per month. Mr. and Mrs. Pappas have separated and are no longer living together. Ember Pappas continues to have difficulty finding an affordable apartment to rent. The 26th Street project currently does not have a commencement date. Staff would like to renew the lease agreement for (6) six months, with the monthly rent increasing to $900.00 per month, terminating on March 1, 2023. Ms. Pappas has agreed to the rent increase and obtained renters insurance through Liberty Mutual Insurance. FUNDING Lease payments received overthe six-month period totaling $5,400.00 will be deposited into the General Fund/Rents & Royalties account 001038-362010. RECOMMENDATION Staff recommends the Board approve the Renewal of Lease Agreement and the increase in the monthly rent to $900.00 for the property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the Renewal of Lease Agreement on behalf of the Board. ATTACHMENTS Renewal of Lease Agreement APPROVED AGENDA ITEM FOR: August 16, 2022 226 RENEWAL OF LEASE AGREEMENT This lease renewal entered into this day of , 2022, by the Board of County Commissioners of Indian River County, Florida, "Landlord" and Ember Pappas "Tenant" do hereby agree to renew the Lease Agreement dated March 17th, 2020. The renewal term of the lease is for (6) six months. The term commences on September 1, 2022 and terminates on March 1, 2023. The total rent of ($5,400.00) Five Thousand Four Hundred Dollars is payable at the rate of $900.00 per month payable in advance. IN WITNESS WHEREOF, Landlord and Tenant have executed this renewal agreement to Lease effective the Commencement Date of September 1, 2022. Landlord: Tenant: Board of County Commissioners of Indian River County, Florida By: Peter D. O'Bryan, Chairman Approved by BCC (Signature) Ember Pappas Date Witness: Attest: (Signature) Date Jeffrey R. Smith, Clerk of Circuit Court and Comptroller 1-0 Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney 227 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: ATKINS Workorder 7 for conceptual design of a Stormwater Storage/Treatment facility DATE: August 4, 2022 DESCRIPTION AND CONDITIONS On March 16, 2021, the Board of County Commissioners (BCC) approved the purchase of a 38.35 - acre unimproved parcel of land located at 7205 8th Street in Vero Beach. This purchase was made with the intent to use the property as a future stormwater treatment facility to improve water quality in the Indian River Lagoon and assist the County in attaining required Total Maximum Daily Loads (TMDLs) reductions of nitrogen and phosphorus identified in the Central Indian River Lagoon Basin Management Action Plan (EMAP). On April 17, 2018, the BCC approved the Continuing Contract Agreement for Continuing Engineering Services with ATKINS North America, Inc. (ATKINS) for professional water resource engineering support services. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This contract was renewed for the additional two (2) year period beginning on April 17, 2021. Staff has requested ATKINS provide a conceptual design proposal to convert the above referenced parcel into the targeted stormwater storage/treatment facility. The objective is to create a water storage/pollutant removal system (stormwater park) on the property to remove nitrogen and phosphorus from the Indian River Farms Water Control District (IRFWCD) drainage canals, increasingthe County's ability in meeting TMDL reductions for nutrients discharged into the Indian River Lagoon. This agenda item is to request the BCC consider ATKINS Workorder No. 7 to provide a conceptual design of a stormwater treatment/storage facility that would divert stormwater from the IRFWCD's network of drainage canals and store/treat the water on the County's site prior to it being released back into the canal system. This approach is anticipated to reduce the nitrogen and phosphorus concentrations in the stormwater through the natural uptake of nutrients by aquatic vegetation. In addition, a storage/treatment facility such as this could be used to decrease pulsed discharges of stormwater into the Lagoon during periods of extreme weather through active management of the water levels in the pond. The Florida Department of Environmental Protection recognizes projects such as this for the environmental benefits they provide at reducing the pollutant loading to the Indian River Lagoon. As such, the proposed project will be eligible for total nitrogen and total phosphorus BMAP credits, but as that determination on the amount of credits is based on many factors, a projection of 228 ATKINS Workorder No. 7 August 16, 2022 BCC Meeting credits at this time before the project goes through the conceptual design process is not possible. ATKINS Workorder No. 7 proposes a design in converting the agricultural parcel into a stormwater treatment/storage facility. Based on the location of the parcel and the proximity to the IRFWCD Lateral C Canal, the ATKINS conceptual plan is anticipated to revolve around pumping water into a created pond from the Lateral C Canal, treating/storing the water prior to its controlled release back to the Lateral C Canal, then flowing into the Main Relief Canal, with an ultimate discharge into the Indian River Lagoon. Workorder No. 7 identifies a phased approach at the conceptual design of a stormwater park as identified in Attachment 1 (ATKINS Workorder No. 7). Phase 1, covered with this workorder, includes data collection and preliminary analysis which will result in a conceptual design of the project as presented in Tasks 1 through 13. This information will be evaluated and, if deemed feasible, will be presented to the BCC for consideration in moving forward with the next steps in the project. It is anticipated that this Phase of the project will take approximately 4 to 6 months to complete once approved by the BCC. Workorder No. 7 is billed as a lump sum cost not to exceed $65,760.00. 91 M110 Ure Funding for professional water resource engineering support services is budgeted and available in the following accounts. Account Name Account No. Amount Optional Sales Tax/TDML Effluent Storage Project/Lagoon Treatment 31524338-066510-21006 $65,760.00 RECOMMENDATION Staff recommends that the Board of County Commissioners approve Workorder No. 7 with ATKINS in the amount of $65,760 for the conceptual design of a stormwater treatment/storage facility on the 8th Street parcel identified above. ATTACHMENTS 1. ATKINS 8th Street Parcel Workorder No. 7 2. ATKINS Pond exhibit 3. Workorder No. 7 Execution Agreement APPROVED AGENDA ITEM FOR: August 16, 2022 229 Exhibit A Indian River County 8th Street Parcel Scope of Work August 3, 2022 Background ATKINS Canals within the region are regulated by the Indian River Farms Water Control District (IRFWCD). The canal system of the IRFWCD was constructed to drain standing water and "reclaim" what was considered wastelands of Florida. The original constructors considered the canal installations a benefit to commerce and the environmental impact was not considered at that time. Impacts to the Indian River Lagoon (IRL) were primarily from agricultural practices until about 1950 when urbanization increased dramatically, as did the impact of urban development on the IRL. In the mid -1990's, it was determined that the IRFWCD canal system receives and transports nutrients, suspended solids, light -attenuating materials, and excessive freshwater flows that have reduced seagrass coverage and impacted the IRL ecosystem. Based on work by SJRWMD, the recent focus of water quality improvement in the IRL has been directed towards the reduction of "optical parameters" that restrict the light into the water column. Optical parameters of importance include suspended solids, turbidity, and color. Nutrients are considered to be secondary optical parameters because high nutrient levels lead to algal production which causes an increase in turbidity. Scope of Services Indian River County (County) is seeking to improve water quality discharges into the IRL by converting a 40 -acre historical agricultural parcel into a stormwater storage facility. The 8th Street Parcel is located at the southeast corner of 8th Street and 74th Avenue, west of the City of Vero Beach approximately 2,000 feet north of the Egret Marsh Stormwater Treatment Facility along the Lateral C Canal. The County maintains a current stormwater management plan and administers a robust water quality monitoring program throughout the County limits. Specific to this project, the County collects water quality samples in the Lateral C Canal adjacent to the 8th Street parcel. Current water quality sampling results show relatively low values of TN and TP in the canal. This may be due to the water quality improvements generated by the upstream Egret Marsh Stormwater Treatment Facility, which treats a portion of the Lateral C canal flows, or from reduced rainfall and runoff during the limited sampling period, or a combination of both. The design approach will be to extract water from the Lateral C Canal for storage in a proposed pond that will reduce nutrients through natural uptake or potentially filter media. The pond may also be used to decrease pulsed discharges of stormwater into the lagoon during periods of heavy rainfall through active management of water levels in the pond. Extraction of water from the Lateral C will be accomplished using a pump station. IRC_8th_StreetParcel_Scope_ATKIN S.docx 2bO ATKINS The project will be divided into two phases. Phase 1 will include data collection, preliminary analysis, and result in a conceptual design of the project. If feasible and acceptable to the County, Phase 2 will include the final design and permitting. A. PHASE 1 Proposed Scope of Work Task 1: Data Collection and Memorandum Field and Desktop Review ATKINS will perform a field and desktop site review to observe and document existing conditions at the 8th Street Parcel project location. This task will also include review of available existing GIS data, permits, stormwater models, Indian River Farms Water Control District (IRFWCD) documents, and stormwater management master plans within the project vicinity. Water Quality Sampling The County will provide ATKINS with water quality sampling data performed by the County and any IRFWCD data relevant to the project location. County will perform water quality sampling within the Lateral C Canal at the location of the 8th Street Parcel. Geotech will perform groundwater sampling from locations within the parcel (to determine background nutrients in the soil or groundwater). Nutrient sampling will be focused on traditional BMAP parameters, TN and TP. Historic Wetland and Habitat ATKINS will utilize historic photos to investigate historic wetland and habitat functions the project site and surrounding parcels exhibited prior to modern agricultural practices. This information will be included in a Technical Memorandum with the results from task 3. Digital Elevation Map (Terrain Topography) For Phase 1, ATKINS shall utilize recently published Digital Elevation Maps (DEM) derived from USGS LiDAR data collected circa 2018. Water elevations will be obtained from information provided by the IRFWMD. Should this information not be available, ATKINS will discuss what reasonable assumptions may be made, or provide an estimate for supplemental ground survey to the County. ATKINS will provide a summary of the data collection task in a Data Collection Technical Memorandum. Task 2: Geotechnical Services A geotechnical investigation will be conducted and include a report documenting soil qualities, characteristics, suitability for construction/foundations, and location of the encountered and seasonal high-water table. Groundwater water quality samples will also be obtained to determine background nutrients. Additional information provided in the attached geotechnical scope of services. IRC_8th_StreetParcel_Scope_ATKINS.docx 2b 1 ATKINS Task 3: Ecological Services ATKINS scientists will conduct a site assessment within the approx. 40 -acre project area to identify the presence or absence of wetlands and surface waters, and listed wildlife and their habitat. Wetlands and surface waters will not be formally delineated; however, the approximate limits of the wetlands and surface water areas will be confirmed during the onsite review. Formal delineation of wetlands will take place during Phase 2. Information from the data collection phase (task 1) and the field visit will be used to complete an Environmental Resources Summary Technical Memorandum. This report will summarize the natural resources found within the parcel and provide information on the historic function of the site. A location map depicting the environmental resources including their approximate limits and relevant photographs will be included. Task 4: Survey For Phase 1, ATKINS shall utilize recently published Digital Elevation Maps (DEM) derived from USGS LiDAR data collected circa 2018. See Task 1. Additional ground survey will be conducted in Phase 2, following discussions with the County. Task 5: Preliminary H&H and Water Quality Modeling As part of Phase 1, ATKINS will perform preliminary modeling of the proposed project. ATKINS will create a simple model to represent the improvements. The resulting stormwater model will be used for the conceptual design, and supply needed information for a pre -application meeting with the SJRWMD, following preparation of the 30% plans. This task also includes preliminary water quality analysis to determine the overall water quality improvements (TN and TP) from the proposed facility using BMP Trains or similar methodology. As part of Phase 2, final modeling will be conducted to provide necessary documentation to support a SJRWMD ERP permit submittal. Task 6: Drainage Design This task includes a conceptual (30%) design of the proposed stormwater storage and water quality facility, inflow and outfall, pump station flows for extracting water from Lateral C Canal, pond storage volume, and rough operation schedule using flashboards or manually operable weir. Task 7: Drainage Design Documentation Report Report documenting the hydrologic and hydraulic analysis of the project which includes supporting stormwater model and supplemental calculations. IRC_8th_StreetParcel_Scope_ATKINS.docx LJn ATKINS The report shall include, but not be limited to, the following report section topics: • Executive Summary • Project Goal • Permitting Approach • Data Collection • Design Criteria • Stormwater Model Development • Model Results • Conclusions • Meeting Minutes • Supporting documents Task 8: Construction Plans Phase 1 of the project will include a 30% set of plans. Only select sheets below will be included in the set to convey the concept. The following sheets are anticipated to be included at a preliminary level: 1. Key Sheet, General Notes, Summaries of Quantities and Pay Items — Cover page detailing project locations, EOR, County PM, governing standards, specs, and index. General and pay item notes, summaries of pay items and quantities. 2. Drainage Map — Plan view showing drainage basins, flow arrows showing drainage patterns, and proposed drainage structure labels. 3. Plan Sheet - Location and descriptions of existing conditions and proposed improvements in plan view. Includes typical section of the pond and conceptual locations for the pump station and outfall structure. 4. Drainage Details — Detail of pond outfall structure. Task 9: Cost Estimate ATKINS shall prepare a preliminary estimate of construction cost. Task 10: Pre -Application Meetings with SJRWMD, FDEP, and IRFWCD ATKINS shall schedule and attend separate pre -application meetings with the SJRWMD, FDEP and IRFWCD to present the project and receive feedback as to the permits required, and feasibility of obtaining water quality credits that can be banked and used by the County in other areas of the watershed. ATKINS will coordinate with County staff on dates and times of the meeting if their attendance is desired. Includes time for meeting preparation and meeting minute completion. IRC_8th_StreetParcel_Scope_ATKI NS. docx 233 ATKINS Task 11: Meetings ATKINS shall attend meetings to monitor progress and gather input concerning project issues and design solutions. Five (5) progress meetings are included and shall be attended by the Project Manager and lead designer. The meetings will be held virtually. Task 12: Project Management This task includes project oversight and general administration. Task 13: Quality Control This task includes quality control and assurance review of the project deliverables. All documents will be reviewed and accepted by the project quality manager before submittal. B. PHASE 1 Submittals/Deliverables All submittals shall be made via PDF. 1. Task 1: Data Collection Technical Memorandum 2. Task 7: Drainage Design Documentation Report 3. Task 8: 30% Construction Plans and Cost Estimate 4. Task 9: 30% Cost Estimate 5. Meeting minutes C. PHASE 1 Schedule Work under this task order is expected to commence at NTP and is expected to be completed within approximately 4-6 months. A detailed schedule will be developed following NTP. D. Fees The estimated staff hours and fees required to perform the services described above are included as Exhibit B. Fees shall be based on a lump sum basis except for those items specifically indicated as not -to -exceed. E. Other County Requirements The County will Provide: • Access to the property • Any legal descriptions, boundary survey, or land survey associated with the property that the County has already completed IRC_8th_StreetParcel_Scope_ATKINS.docx 4 ATKINS • Water quality data • Utility information Exclusions and Limitations • Any services not specifically outlined in this scope are excluded. • Survey is not included. • Permitting is not included. 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EXHIBIT C Geotechnical, Environmental and MWAN Materials Consultants April 5, 2022 Proposal File No. 2223-067 Revised June 10, 2022 Atkins 482 S. Keller Road Orlando, Florida 32810 Attention: Mr. Chris Thompson, PE Subject: Proposal for Subsurface Soil Exploration and Groundwater Sampling and Testing Proposed Stormwater Detention Pond 8th Street Vero Beach, Florida Dear Mr. Thompson: As requested, we are pleased to present this proposal for conducting a subsurface soil exploration and groundwater sampling and testing for the subject project. Based on our review of information provided by Mr. Thompson, the proposed construction consists of a stormwater detention pond that will encompass most of the site. Additionally, a pump station slab on grade will be constructed adjacent to the pond. Grading plans are not complete at this time; therefore, we have assumed that approximately 1 to 2 feet of fill is required to raise the pump station slab area to final elevation. Typical loading conditions for the slab on grade are assumed to be less than 150 pounds per square foot. The scope of our work will include determining if the soil characteristics are suitable to construct the proposed pump station slab. Additionally, we will explore the subsurface conditions and perform requested groundwater sampling and testing within the proposed pond area. The following summarizes our proposed scope of work and associated fees for conducting the subject exploration. FIELD EXPLORATION Since the site is heavily wooded, minor brush mowing may be performed to provide access to the boring locations. We could direct a site work contractor to mow minimal paths to our boring locations. Assistance from the client will be needed to help identify wetland areas and areas of threatened and/or endangered species habitat which should be avoided when performing these minor brush mowing operations. Also, this proposal assumes that permission from local Code Enforcement, SJRWMD or other pertinent agencies for the minor mowing, if necessary, has been obtained by the client. One day of brush mowing is included in this proposal. 1300 N. Cocoa Boulevard, Cocoa, FL 32922 Phone (321) 632-2503 FAX (321) 636-4657 Louisiana: Baton Rouge, Monroe, New Orleans, Shreveport Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach 237 811 Street Pond Proposal File No. 2223-067 The proposed field exploration program will include the following: Description Number of Depth Below Ground Borings Surface (feet) Pump Station Slab 1 SPT 15 Stormwater Pond 6 Auger 15 -2- The SPT boring will be drilled using truck -mounted drilling equipment and a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The boring will be sampled at 18 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. The auger borings will be drilled with a 4 -inch diameter, truck -mounted continuous flight auger. Each sample will be removed from the auger or sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. Upon completion of drilling, the boreholes will be backfilled with soil cuttings. As requested, our field program will also include installing three temporary, 2 -inch diameter PVC groundwater sampling wells at semi -random, accessible locations within the proposed pond area. At least three well volumes of groundwater will be purged from each well and then groundwater samples will be collected for analysis of total nitrogen and total phosphorus. Upon completion of the groundwater sampling, the temporary wells will be removed from the ground and the boreholes will be backfilled with soil cuttings. LABORATORY PROGRAM Routine laboratory visual classification will be performed by a geotechnical engineer along with specific classification tests deemed necessary (i.e., percent fines, organic content). ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop engineering recommendations to guide site preparation in the proposed pump station slab on grade area. For our analysis, we will require specific loading conditions for the slab on grade. We will also provide a discussion of the subsurface conditions encountered within the proposed pond area and the results of the groundwater sampling and testing. Our recommendations for the pump station slab area, together with data developed during the exploration, will be submitted in a written report upon conclusion of the study. COST ESTIMATE The costs associated with the aforementioned tasks are as follows: Brush Mowing — 1 day (lump sum): $2,820.00 Subsurface Soil Exploration (lump sum) $5,900.00 Total Estimated Cost: $8,720.00 The total estimated cost presented above will not be exceeded without prior authorization from 238 8'h Street Pond Proposal File No. 2223-067 the client. CLOSURE -3- This proposal is subject to the following conditions: (1) access to boring locations is to be readily available to our truck -mounted drilling equipment, (2) the brush mowing can be completed in one day, (3) the proposed number of borings and the boring depths will be adequate, (4) undisturbed samples and consolidation tests on fine grained soils are not budgeted into the total cost, (5) Ardaman & Associates will not take responsibility for damages to underground structures and/or services that are not located by Sunshine One -Call; their locations are to be provided by the client or owner prior to commencement of the field work, and (6) exploration or evaluation of the environmental (ecological or hazardous/toxic material related) condition of the will site and subsurface is not included. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If this proposal meets with your approval, please indicate your acceptance by issuing a written work order. Please call if you have any questions or require additional information. Very truly yours, ARDAMAN & ASSOCIATES, INC. 'A_7�7_ Jason P. Manning, P.E. Branch Manager 239 41stSt , er v. z NOT TO SCALE C ri °+C 26th St Nviatisr >,t St Vero Beach -. Its, .; t � I Main Relief Canal z i�]coSources: Esri, HERE, Garmin, 11SGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI'Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Vicinity Map Conceptual Layout Indian River County - Natural Resources ATKI NS 8th Street Parcel Stormwater Facility Member of the SNGLavatin Group � A O Project Exhibit `F Document Name: 8thStreetParcelExhibit CCNA2018 WORK ORDER 7 Conceptual design of a Stormwater Pond This Work Order Number 7 is entered into as of this _day of , 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 for a three-year term, and renewed on May 18, 2021 for an additional two-year term (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins. North America, 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 A (Fee 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: Atkins North America, Inc. By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, 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 241 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: July 22, 2022 SUBJECT: Approval of Blue Medicare Advantaee Renewal BACKGROUND: Under Florida Statute, retirees of the County 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 BlueMedicare Advantage Plan. The Board of County Commissioners approved the current BlueMedicare Advanced Platinum PPO with Dental, Hearing, Vision benefits in 2021 at a monthly premium of $257.42. Staff has been provided the annual renewal for this plan with a 5% increase in premium as noted below: Breakdown Info for GSS: Advanced Platinum PPO with DHV-current plan. Medical: $6.10 Rx: $250.18 D/V/H : $10.00 Fitness: $4.00 TOTAL: $270.28 pmpm Previous Rate: $257.42 Percent Change: 5% Lockton reviewed the plan and noted the following: We reviewed the plan design and while nothing materially changed, we identified a few changes below. • Preventive Screenings now also includes the following screenings: o Health and wellness education programs o Immunizations o Medicare Diabetes Prevention Program o Obesity screening and therapy to promote sustained weight o No longer lists Hepatitis B screenings, but still includes Hepatitis C • Vision Services increased allowance for lenses, frames or contacts - $250 up from $700 242 • Prescription Drug Medicare Catastrophic Coverage Stage represents CMS limits, which increase annually o Out of pocket from $6,550 to $7,050 o Copays increased from $3.70 to $3.95 for generic, $9.85 from $9.20 • New Health Education tools with meQuilibrium digital coaching In order to provide retirees with the renewal information, the County Administrator has approved this plan offering under Resolution 2022-035 and the item is presented to the Board for ratification. FINANCIAL IMPACT: The financial impact of the renewal is $12.86 per month per enrolled member. Currently, we have sixteen (16) 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, 2022 through September 30, 2023 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree BlueMedicare Advanced Platinum PPO effective October 1, 2022 • BlueMedicare Group Master Agreement 243 F&-PlwaE&E ED VM EDICARE Your local Blue Cross Blue Shield 2022 Summary of Benefits Medicare Advantage Plan with Part D Prescription Drug Coverage BlueMedicare Group PPO (Employer PPO) 10/01/2022 — 09/30/2023 BlueMedicare Advanced Platinum PPO with Dental, Hearing, Vision Indian River County BOCC 90000 The plan's service area includes: Nationwide Y0011_FBM0851 202 EGWP_M The benefit information 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 want to know more about the 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 -800 -MEDICARE (1-800-633-4227), 24 hours a day, 7 days a week. TTY users should call 1-877-486-2048. Who Can Join? You and your dependent(s) can join this plan if you are a retired employee of the group and the following conditions are met: ■ You and your dependent(s) are entitled to Medicare Part A and enrolled in Medicare Part B ■ You and your dependent(s) live in the plan service area, and ■ You are identified as an eligible participant by your former employer Neither you nor your dependent(s) are eligible for this plan if: ■ You are an active employee of the group, or ■ You are a retired employee of the group with a dependent who is an active employee of the 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 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 on our website (www.floridabiue.com/medicare). Or call us and we will send you a copy of the provider and pharmacy directories. Have Questions? Call Us ■ If you are a member of this plan, call us at 1-800-926-6565, TTY: 1-800-955-8770 ■ If you are not a member of this plan, call us at 844 -BLUE -MED (844-258-3633), TTY: 1-800-955- 8770. o From October 1 through March 31, we are open seven days a week, from 8:00 a.m. to 8:00 p.m. local time, except for Thanksgiving and Christmas o From April 1 through September 30, we are open Monday through Friday, from 8:00 a.m. to 8:00 p.m. local time, except for major holidays ■ Or visit our website at www.floridablue.com/medicare Important Information Through this document you will see the "0" symbol. Services with this symbol may require prior authorization from the plan before you receive the services from network providers. If you do not get a 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 Coverage (EOC) for more information about services that require a prior authorization from the plan. 2 245 Monthly Premium, Deductible and Limits Monthly Plan ■ $270.28 for Advanced Platinum PPO with DHV Premium You must continue to pay your Medicare Part B premium. Deductible ■ $0 per year for In -Network health care services ■ $2,000 per year for Out -of -Network health care services ■ $0 per year for Part D prescription drugs. Maximum ■ $1,000 is the most you pay for copays, coinsurance and other costs for Medicare - Out -of -Pocket covered medical services from in -network providers for the year. Responsibility . $3,000 is the most you pay for copays, coinsurance and other costs for Medicare - covered medical services you receive from in and out -of -network providers combined. Medical and Hospital Benefits In -Network Out -of -Network Inpatient ■ $200 copay per day, days 1-7 40% of the Medicare -allowed amount after Hospital Care 0 . $0 copay per day, after day 7 $2,000 out -of -network deductible (Authorization applies to in - network services only.) Outpatient ■ $75 copay per visit for Medicare- 40% of the Medicare -allowed amount after Hospital Care covered observation services $2,000 out -of -network deductible ■ $250 copay for all other services 0 Ambulatory ■ $200 copay for surgery services ■ 40% of the Medicare -allowed amount after Surgical Center provided at an Ambulatory Surgery $2,000 out -of -network deductible Center 0 Doctor's Office ■ $25 copay per primary care visit ■ 40% of the Medicare -allowed amount after Visits ■ $45 copay per specialist visit $2,000 out -of -network deductible Preventive Care $0 copay ■ Abdominal aortic aneurysm screening ■ Annual wellness visit ■ Bone mass measurement ■ Breast cancer screening (mammograms) ■ Cardiovascular disease risk reduction visit (therapy for cardiovascular disease) ■ Cardiovascular disease testing ■ Cervical and vaginal cancer 3 ■ 40% of the Medicare -allowed amount 246 In -Network screening ■ Colorectal cancer screening ■ Depression screening ■ Diabetes screening ■ Diabetes self-management training, diabetic services and supplies ■ Health and wellness education programs ■ Hepatitis C Screening ■ HIV screening ■ Immunizations ■ Medical nutrition therapy ■ Medicare Diabetes Prevention Program (MDPP) ■ Obesity screening and therapy to promote sustained weight loss ■ Prostate cancer screening exams ■ Screening and counseling to reduce alcohol misuse ■ Screening for lung cancer with low dose computed tomography (LDCT) ■ Screening for sexually transmitted infections (STIs) and counseling to prevent STIs ■ Smoking and tobacco use cessation (counseling to stop smoking or tobacco use) ■ Vision care: Glaucoma screening ■ "Welcome to Medicare" preventive visit Out -of -Network 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 emergency room visit. Worldwide Emergency Care Services ■ $75 copay for Worldwide Emergency Care ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. 247 4 In -Network Out -of -Network Urgently Medicare Covered Urgently Needed Services Needed Urgently needed services are provided to treat a non -emergency, unforeseen medical 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 non -emergency injuries and illnesses that need treatment when most family physician offices are closed. ■ $30 copay at a Convenient Care Center, in- or out -of -network Worldwide Urgently Needed Services ■ $75 copay for Worldwide Urgently Needed Services ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. Diagnostic Laboratory Services 40% of the Medicare -allowed amount Services/ ■ $0 copay at an Independent after $2,000 out -of -network deductible Labs/Imaging 0 Clinical Laboratory (Authorization ■ $30 copay at an outpatient hospital applies to in- facility network services X -Rays only.) ■ $50 copay at a physician's office and at an Independent Diagnostic Testing Facility (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 physician's office ■ $100 copay at an IDTF ■ $150 copay at an outpatient hospital facility Radiation Therapy ■ 20% of the Medicare -allowed amount KM In -Network Hearing Medicare -Covered Hearing Services Services ■ $45 copay for specialist exams to diagnose and treat hearing and balance issues Additional Hearing Services ■ $0 copay for one routine hearing exam per year ■ $0 copay for evaluation and fitting of hearing aids ■ $350 per ear. You pay a $0 copay for up to 2 hearing aids every year with a maximum benefit allowance of $350 per ear. NOTE: Hearing aids must be purchased through our participating provider to receive in -network benefits. ■ Member is responsible for any amount after the benefit allowance has been applied. Subject to benefit maximum. Out -of -Network Medicare -Covered Hearing Services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible Additional Hearing Services ■ Member must submit receipts for reimbursement at 50% of maximum allowed for one routine hearing exam per year. ■ Member must submit receipts for reimbursement at 50% of maximum allowed for evaluation and fitting of hearing aids. ■ Member must submit receipts for reimbursement at 50% of maximum allowed for up to 2 hearing aids every year. Subject to benefit maximum. ■ Member is responsible for any amount after the benefit allowance has been applied. Dental Services Medicare -Covered Dental Services 0 Medicare -Covered Dental Services ■ $45 copay for specialist non -routine dental care Additional Dental Services • $0 copay for covered preventive dental services ■ $0 copay for covered comprehensive dental services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for non- routine dental Additional Dental Services ■ Member pays up front and is reimbursed 50% of non -participating rates for covered preventive dental services. ■ Member pays up front and is reimbursed 50% of non -participating rates for covered comprehensive dental services. 249 Vision Services Mental Health Services 0 (Authorization applies to in - network services only) Skilled Nursing Facility (SNF)0 (Authorization applies to in - network services only.) Physical Therapy In -Network Medicare -Covered Vision Services ■ $45 copay for specialist to diagnose and treat eye diseases and conditions ■ $0 copay for glaucoma screening (once per year for members at high risk of glaucoma) ■ $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 In -Network ■ $0 copay for an annual routine eye examination ■ $0 copay for lenses, frames or contacts. Subject to the annual maximum plan benefit allowance. Member responsible for any amounts in excess of the annual maximum plan benefit allowance. ■ $250 maximum allowance per year towards the purchase of lenses, frames or contacts. Inpatient Mental Health Services ■ $200 copay per day, days 1-7 ■ $0 copay per day, after day 7 190 -day lifetime benefit maximum in a psychiatric hospital. Outpatient Mental Health Services ■ $40 copay ■ $0 copay per day, days 1-20 ■ $100 copay per day, days 21-100 Out -of -Network Medicare -Covered Vision Services 40% of the Medicare -allowed amount for glaucoma screening 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for Medicare -covered specialist services to diagnose and treat diseases and conditions of the eye and diabetic retinal exams 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for eyeglasses or contact lenses after cataract surgery Additional Vision Services Out -of -Network ■ Member must pay 100% of the charges and submit the itemized receipt(s) for reimbursement of 50% of the in -network allowed amount for an annual routine eye examination. ■ Member is responsible for all amounts in excess of the 50% in -network allowed amount and/or any amounts in excess of the annual maximum plan benefit allowance for lenses, frames or contacts. ■ Total reimbursement is subject to the annual maximum plan benefit allowance. Inpatient Mental Health Services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible 190 -day lifetime benefit maximum in a psychiatric hospital. Outpatient Mental Health Services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible Our plan covers up to 100 days in a SNF per benefit period. ■ $35 copay per visit 0 ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible Ambulance $200 copay for each Medicare- $200 copay for each Medicare -covered trip covered trip (one-way) 0 (one-way) In -Network Out -of -Network Transportation ■ Not covered ■ Not covered Medicare Part B ■ $5 copay for allergy injections 40% of the Medicare -allowed amount after Drugs ■ 20% of the Medicare -allowed $2,000 out -of -network deductible amount for chemotherapy drugs and other Medicare Part B -covered drugs 0 Part D Prescription Drug Benefits Deductible Stage $0 per year for Part D prescription drugs. Initial Coverage Stage During this stage, the plan pays its share of the cost of your drugs and you pay your share of the cost. You stay in this stage until your "out-of-pocket "costs reach $7,050. When you reach the out-of-pocket limit of $7,050, you leave the Initial Coverage Stage and move on to the Catastrophic Coverage Stage. You may get your drugs at network retail pharmacies and mail order pharmacies. Coverage Gap Stage Because there is no coverage gap for this plan, this payment stage does not apply to you. You pay the same copays that you paid in the Initial Coverage Stage for all drugs. Once you leave the Initial Coverage Stage, you move on to the Catastrophic Coverage Stage. 251 8 Preferred Retail/LTC (31 -day supply) Standard Retail (31 -day supply) Mail Order (90 -day supply) Tier 1 - Preferred Generic $3 copay $10 copay $0 copay Tier 2 - Generic $8 copay $15 copay $8 copay Tier 3 - Preferred Brand $35 copay $40 copay $70 copay Tier 4 - Non -Preferred Drug $65 copay $85 copay $195 copay Tier 5 - Specialty Tier 33% of the cost 33% of the cost N/A Coverage Gap Stage Because there is no coverage gap for this plan, this payment stage does not apply to you. You pay the same copays that you paid in the Initial Coverage Stage for all drugs. Once you leave the Initial Coverage Stage, you move on to the Catastrophic Coverage Stage. 251 8 Catastrophic Coverage Stage After your yearly out-of-pocket drug costs (including drugs purchased through your retail pharmacy and through mail order) reach $7,050, you pay the greater of: ■ $3.95 copay for generic (including brand drugs treated as generic) and $9.85 copay for all other drugs, or 5% of the cost Additional Drug Coverage Please call us or see the plan's "Evidence of Coverage" on our website (www.floridabiue.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 (Non -Preferred Drug) cost-sharing Your cost-sharing may be different if you use a Long -Term Care (LTC) 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 Additional Benefits In -Network Diabetic ■ $0 copay at your network retail or mail - Supplies order pharmacy for Diabetic Supplies such as: • Lifescan (One Touch®) Glucose Meters • Lancets • Test Strips Out -of -Network ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible Important Note: Insulin, insulin syringes and needles for self -administration in the home are obtained from a retail or mail order pharmacy and are covered under your Medicare Part D pharmacy benefit. Applicable Part D co -pays and deductibles apply. Medicare Diabetes . $0 copay for Medicare -covered p y care-covere 40% of the Medicare -allowed amount Prevention services Program Podiatry ■ $45 copay for each Medicare -covered ■ 40% of the Medicare -allowed amount podiatry visit after $2,000 out -of -network deductible Chiropractic ■ $20 copay for each Medicare -covered ■ 40% of the Medicare -allowed amount chiropractic service after $2,000 out -of -network deductible Medical ■ 20% of the Medicare -allowed amount ■ 40% of the Medicare -allowed amount Equipment and for all plan approved, Medicare- after $2,000 out -of -network deductible Supplies 0 covered motorized wheelchairs and (Authorization electric scooters applies to in- ■ 0% of the Medicare -allowed amount for network services all other plan approved, Medicare - only.) covered durable medical equipment 252 In -Network Occupational $35 copay per visit 0 and Speech Therapy Telehealth 0 ■ $30 copay for Urgently Needed Services (Authorization ■ $25 copay for Primary Care Services applies to in- ■ $35 copay for Occupational network services Therapy/Physical Therapy/Speech only) Therapy at all locations ■ $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 ■ $40 copay for individual sessions for outpatient Substance Abuse Specialty Services in an office setting ■ $0 copay for Diabetes Self - Management Training ■ $0 copay for Dietician Services 10 Out -of -Network ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible 253 You Get More with BlueMedicare Health In- and Out -of -Network Education meQuilibrium's digital coaching platform delivers clinically validated and highly personalized resilience solutions to help people improve their ability to manage stress and successfully cope with life's challenges. To get started go to FloridaBlue.com/Medicare log in, click on My Health and select HealthyBlue Rewards. Healthy Blue Your BlueMedicare plan rewards you for taking care of your health. Redeem gift Rewards card rewards for completing and reporting preventive care and screenings. SilverSneakers® • Gym membership and classes available at fitness locations across the country, Fitness including national chains and local gyms Program • Access to exercise equipment and other amenities, classes for all levels and abilities, social events, and more Disclaimers 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 contact our Member Services number at 1-800-926-6565. (TTY users should call 1-800-955-8770.) Our hours are 8:00 a.m. to 8:00 p.m. local time, seven days a week, from October 1 through March 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 time, Monday through Friday, except for major holidays. Health coverage is offered by Blue Cross and Blue 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 C and Part D benefits. © 2021 Blue Cross and Blue Shield of Florida, Inc., DBA Florida Blue. All rights reserved. 254 Section 1557 Notification: Discrimination is Against the 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 other formats (large print, audio, accessible electronic formats, other formats) 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 FEP 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 section1557coordinator@floridablue.com 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 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 Civil Rights Complaint Portal, available at ocrportal.hhs.gov/ocr/portal/lobby.isf, by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201 1-800-368-1019 1-800-537-7697 (TDD) Complaint forms are available at www.hhs.gov/ocr/office/file/index.htmi 255 12 ATENCION: Si habla espaiiol, 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 Kreyol ayisyen, ou ka resevwa yon ed gratis nan Lang pa w. Rele 1-800-352-2583 (pou moue ki pa tande byen: 1-800-955-8770). FEP: Rele 1-800-333-2227 CHO Y: Neu ban nbi Tieng Viet, co dich vu trq giup ng6n ngfr 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: Ligue para 1-800-333-2227 i12 : �c�� : Z' MRM1-800-352-2583 (TTY: 1-800- 955-8770). FEP : PYAM1-800-333-2227 ATTENTION: Si vous parlez frangais, des services d'aide linguistique vous soot proposes 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 BHI' MAHHE: ECJIH Bw rOBOPHTe Ha pyCCKOM MbIKe, TO BaM AOCTy11HbI 6ecrmamme ycJIyrH nepeBOAa. 3BOHHTe 1-800-352-2583 (TeJlemki: 1-800-955-8770). FEP: 3BOH14Te 1-800-333-2227 3852-253-008-1 s--u--L. l LDs 6;L0 -SSI Ln.-,Z.Z L' 6 III :aj," .7222-333-008-1 jr Jam► .0778-559-008-1 :�-Ul, 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 Verfiigung. Rufnummer: +1-800-352-2583 (TTY: +1-800-955-8770). FEP: Rufnummer +1-800-333-2227 T—i : �F aI l�fgo z '� oF%I O T, W 0i 7CI a 1�1 dI z T�� OI 1 Of z T °,�,� LI CF. 1-800-352- 2583 (TTY: 1-800-955-8770) FEP: 1-800-333-2227 -if-- UWAGA: Je2eli m6wisz po polsku, mo2esz skorzystac z bezplatnej pomocy jgzykowej. Zadzwoli pod numer 1-800-352-2583 (TTY: 1-800-955-8770). FEP: Zadzwoli pod numer 1-800-333-2227. 41ML: ISI dil -31-Mcfl (41CUL. ts-1, dl. C-i:RjC-S %LXL Kts-RI Rui C.).L1tt uLI G.LLCIC04 0. Zai R1 1-800-352-2583 (TTY: 1-800-955-8770). FEP: �A-t S -Z1 1-800-333-2227 1�5dfllff:c�lfjfldY�RflltJl'lv�U r�iUcYlill5i1�U9JSf115UJfIIN�DYI15i11t�1� Y�5 �flU41G141DN71ltlls�v��isilS 1-800-352-2583 (TTY: 1-800-955-8770) m1a FEP Im 1-800-333-2227 ;ISMA1-800-352-2583 (TTY: 1-800-955-8770) VC, JSTEMIZz L-1116< tit 1.N. FEP: 1-800-333-2227 LjLS4jg�.v cs° :- x,19 � j j `-4 .}SI .1:� u -W 1-800-333-2227 :FEP .i+j,6- L) --W 1-800-352-2583 (TTY: 1-800-955-8770) Baa akoninzin: Dine bizaad bee ydnilti'go, saad bee aka anawo', t'aa jiik'eh, na h61q. Koji' hodiilnih 1-800- 352-2583 (TTY: 1-800-955-8770). FEP igii ei koji' hodiilnih 1-800-333-2227. 256 13 F&r4 N&W In the pursuit of health" BLUEMEDICARE GROUP MASTER AGREEMENT SECTION 1: INTRODUCTION This BlueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered Retirees and Covered Dependents. References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"), a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan which you have established is described in the Evidence of Coverage. SECTION 2: DEFINITIONS Certain terms defined in the Agreement are also used and defined (for the convenience of Covered Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this Agreement: Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual anniversaries or such other date as mutually agreed to in writing by the parties. Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to deny a request for coverage of health care services or prescription drugs or payment for services or drugs. CMS means the Centers for Medicare and Medicaid Services. CMS Requirements means the provisions of Parts C and D of Title XVIII of the Social Security Act, CMS Medicare Part C and D regulations at 42 C.F.R. Parts 422 and 423, the CMS Managed Care and Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida Blue's contracts with CMS to offer the Medicare Plans. Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Retiree. Covered Person means a Covered Retiree or a Covered Dependent. Covered Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Dependent. 257 Effective Date for the Group means 12:01 a.m. on the date specified on the last page of this Agreement and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence of Coverage. Eligible Dependent means an individual who meets and continues to meet all of the eligibility requirements described in the Evidence of Coverage. Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible Retiree is not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by us. Enrollment Forms means those forms, electronic or paper, which are approved by us and used to maintain accurate enrollment files under the Agreement. Grace Period means the sixty (60) calendar day period beginning on the date the Premium is due. Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS Requirements to submit a Grievance) about us or one of our network providers or pharmacies, including a complaint concerning the quality of care. This type of complaint does not involve coverage or payment disputes. Group means the employer, labor union, association, partnership, corporation, department, other organization or entity through which coverage and benefits are issued by us. Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group. References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents, Covered Retirees and/or Covered Dependents depending on the context and intent of the specific provision. Group Master Agreement or Agreement means the written document which is evidence of the entire agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered Persons. Late Enrollment Penalty ("LEP") means an amount added to the Part D Premium of an individual who did not have Part D coverage or other creditable prescription drug plan when the individual first became eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least 63 days. Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying Covered Persons with Medicare Part D coverage. Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan that you select. Premium means the amount required to be paid by the Group to us for coverage under this Agreement Service Area means a geographic area where a Medicare Plan accepts members. 258 SECTION 3: ELIGIBILITY, ENROLLMENT, AND DISENROLLMENT A. Eligibility Determination Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step process: You will determine whether the individual is eligible to participate in the retiree group health benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly forward completed applications to us. You are responsible for complying with all applicable laws and regulations, including but not limited to the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also comply with all eligibility guidelines included in the benefit administrative guide and Evidence of Coverage. 2. After receiving a complete application, we will process the application in accordance with CMS Requirements. An application must be approved by us and accepted by CMS for an individual to be enrolled in a Medicare Plan. B. Distribution of Enrollment Materials You may only distribute materials describing the Medicare Plan that we have provided to you or that we have approved in writing. You will distribute any pre -enrollment materials that we provide to you to each potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you from making additional disclosures about your group health benefit plan as applicable to comply with ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare Plan(s). C. Group Disenrollment If you decide to disenroll all Covered Persons from a Medicare Plan, you must: 1. Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide this notice at least twenty one (2 1) calendar days before the disenrollment. This notice will explain how to contact Medicare for information about other plan options that may be available. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. 2. Provide us with all information necessary to submit a complete disenrollment request transaction to CMS in accordance with CMS Requirements. 3. In the event of termination of this Agreement, provide advanced notice in accordance with Section 4 of this Agreement. D. Individual Covered Person Disenrollment Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you 259 inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll an individual, you must: 1. Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or disenrollment election of an individual; and 2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days advanced notice of the termination and of other insurance options that are available to them. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that organization). SECTION 4: TERM AND TERMINATION A. Term of Agreement and Renewal Process This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group Application; and (2) that you pay the required initial Premium specified by us. This Agreement shall continue in effect until the first Anniversary Date following the Effective Date unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall automatically renew each succeeding year on the Anniversary Date for an additional one-year period unless: 1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not want the Agreement to automatically renew; or 2. It is terminated as permitted by its terms. At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice"). If this Agreement renews as specified above, all of its terms and provisions (including the Premium due) shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews each year on your Anniversary Date unless terminated earlier in accordance with its terms. B. Termination by Group The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty (60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below. C. Termination by Florida Blue We may terminate this Agreement or refuse to renew for the following reasons: 260 1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not received timely Premium payments prior to the end of the Grace Period. Termination of this Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the event of such termination, you are obligated to pay the following: a. Any portion of the Premium due for coverage provided by us prior to termination; and b. Any amounts otherwise due us. 2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any practice, that constitutes fraud or make an intentional misrepresentation of material fact. 3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material provision which relates to rules for Group contributions or Covered Person participation; or (2) any provision in this Agreement which relates to LIS or other CMS Requirements. 4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service Area. 5. Termination or Non -renewal of the CMS Contract. We will provide you with at least ninety (90) calendar days' notice upon termination or non -renewal of our contract with CMS. Except as specifically provided in this Subsection 4.C, if we decide to terminate or not renew the Agreement based on one or more of the circumstances mentioned above, we will give you at least forty- five (45) calendar days advance written notice. D. Notification of Termination to Covered Retirees It is your obligation to immediately notify each Covered Person of any such termination of this Agreement for any reason, consistent with the requirements of Section 3 of this Agreement. E. Representations Made By, and Obligations of, the Group In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the representations you made when you applied for coverage with us and your representation that you have authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials to Covered Persons. SECTION 5: PAYMENT PROVISIONS A. Monthly Invoice We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons and changes in the types of coverage that took place in the previous or current month. 261 If you become aware that a Covered Person will become ineligible, you must provide us with written notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date of disenrollment, which is set by CMS Requirements. You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the total amount of the Group invoice. B. Payment Due Date The first Premium payment is due before the Effective Date of the Agreement. Each following payment is due monthly unless you agree with us in writing on some other method and/or frequency of payment. The Premium is due and payable on or before the first day of each succeeding calendar month to which such payments apply. C. Grace Period This Agreement has a sixty (60) calendar day Premium payment Grace Period, which begins on the date the Premium payment is due. If we do not receive the required Premium payment on or before the date it is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement. D. Changes in Premium Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding renewal. E. Other Rules Regarding the Payment of Premiums 1. CMS rules govern the effective date of any disenrollment of a Covered Person under this Agreement, and we are not required to retroactively terminate this Agreement or coverage for any Covered Person. 2. If full payment of the Premium is not paid when due, this Agreement may be terminated as described in Section 4 of this Agreement. F. Premium Subsidization You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance with all applicable laws and regulations relating to your subsidy of Premiums, including ERISA and CMS Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for different classes of Eligible Retirees only if such classes are reasonable and based on objective business criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered Person's eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a given class of Eligible Retirees. In no case will you charge an Eligible Retiree more than the sum of the monthly Premium that we charge you for the Medicare Plan benefits. 262 G. Low Income Subsidy You will comply with the following requirements in connection with LIS: 1. You are required to pass through any LIS payments received from CMS to reduce the Premium amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person's share of Premium. You may not benefit from any LIS amount until the Premium for a Covered Person (including amounts for the non -drug benefits in a combined Medicare Advantage Prescription Drug Plan) paid by a Covered Retiree is reduced to zero ($0.00). 2. You are responsible for reducing up -front Premium contributions that you collect from Covered Retirees for any Covered Persons eligible for LIS. In limited situations where you are unable to reduce the up -front Premium contribution (e.g. if LIS is awarded retroactively), you will directly refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days of the date you receive the LIS amount from Florida Blue. H. Late Enrollment Penalty (LEP) The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive from us. I. Premium Billing You will be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined by CMS. You will also be responsible for any LEP charges that Group members have been assessed by CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges are payable on the first day of each following month during the time this Agreement is in effect. J. Retroactive Premium Adjustment The monthly charge will be determined from our records by the number of Covered Retirees who have been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by us. Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely manner. SECTION 6: HOST BLUE PLANS A. Out -of -Area Services — Medicare Advantage We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to generally as the "Inter -Plan Medicare Advantage Program." This Program operates under rules and procedures issued by the Blue Cross Blue Shield Association ("Association"). When members access 263 healthcare services outside the geographic area we serve, the claim for those services will be processed through the Inter -Plan Medicare Advantage Program. The Inter -Plan Medicare Advantage Program available to members under this agreement is described generally below. B. Member Liability Calculation When you receive Covered Services outside of our service area from a Medicare Advantage PPO network provider, the cost of the service, on which member liability (copayment/coinsurance) is based, will be either: • The Medicare allowable amount for covered services; or • The amount either we negotiate with the provider or the Host Blue negotiates with its provider on behalf of our members, if applicable. The amount negotiated may be either higher than, lower than, or equal to the Medicare allowable amount. C. Nonparticipating Healthcare Providers Outside Our Service Area When Covered Services are provided outside of our service area by nonparticipating healthcare providers, the amount(s) a member pays for such services will be based on either the payment arrangements, described above, for Medicare Advantage PPO network providers, Medicare's limiting charge where applicable or the provider's billed charge. In these situations, the member may be responsible for the difference between the amount that the nonparticipating healthcare provider bills and the payment we will make for the covered services as set forth in this paragraph. Payments for out -of -network emergency services will be governed by applicable federal and state law. SECTION 7: GENERAL PROVISIONS A. Administration and Record Retention You must provide us with any information we need to administer the coverage and/or benefits to be provided or needed to compute the Premium due. While this coverage is in force, we have the right, at any reasonable time, to examine your records on any issues necessary to verify information provided by you. You must retain all records relating to this Agreement, including but not limited to those relating to LIS administration, for the current calendar year plus an additional ten (10) years. B. Assignment and Delegation You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without our written consent. Any assignment, delegation, or transfer made in violation of this provision shall be void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an affiliated entity without your consent at any time. C. Authorization Where this Agreement requires that an act involving the administration of coverage and/or benefits be authorized or approved by us, such authorization or approval shall be considered given when provided in writing by a duly authorized officer of Florida Blue or his or her designee. 264 D. Evidence of Coverage We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of Coverage will describe the coverage and benefits to be provided to Covered Persons by us. You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements to it) and other coverage materials to Covered Persons. E. Grievance and Appeals Process We have established and will maintain a process for hearing and resolving Grievances and Appeals raised by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in the Evidence of Coverage. F. Changes to the Agreement Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements ("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such changes shall become effective as amendments to this Agreement upon expiration of this sixty (60) calendar day notice period. Except in the case of (a) CMS Mandated Amendments or (b) Renewal Notices as described in Section 4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless such change is made by a written amendment signed by one of our duly authorized officers. For example, no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or provisions of this Agreement except as stated in the first sentence of this paragraph. G. Furnishing and Maintaining Enrollment Records You must provide any information required by us for the purpose of creating and maintaining enrollment records, processing terminations, and recording changes in family status. In addition, you and each Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and forwarding them to us, along with the applicable Premium payment. All enrollment record information which is relevant to the eligibility or coverage status of any individual must be made available to us for inspection and copying upon request. H. Errors or Delays Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not invalidate coverage which would otherwise be validly in force or continue coverage which would otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment information. Errors or delays by you in furnishing accurate enrollment information to us will not affect our right to strictly enforce any and all eligibility requirements. I. Entire Agreement This Agreement sets forth the exclusive and entire understanding and agreement between the parties and shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, successors, 265 heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded hereby. No oral statements, representations, or understanding by any person can change, alter, delete, add or otherwise modify the express written terms of this Agreement, which includes the terms of coverage and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, amendments or riders. J. Financial Responsibilities of the Group We reserve the right to recover any benefit payments made to or on behalf of any individual whose coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care services rendered subsequent to the Covered Person's termination date and prior to the date notice of coverage termination is required to be made by you. Your cooperation with and support such recovery efforts is required. In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for a Covered Person's disenrollment. K. Indemnification You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses (including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in the performance of your obligations under this Agreement. We are not your agent, nor are you our agent, for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28. L. Representations on the Group Application and the Enrollment Forms We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; the appropriate Premium and financing method; and eligibility for coverage. All such information must be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not warranties. We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or if you make an intentional misrepresentation. M. Reservation of Right to Contract We reserve the right to contract with any individuals, corporations, associations, partnerships, or other entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, under this Agreement. N. Service Mark You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the 266 10 Association. You further acknowledge and agree that you have not entered into this contract based upon representations by any person other than us and that no person, entity, or organization other than us shall be held accountable or liable to you for any of our obligations created under this Agreement. This paragraph shall not create any additional obligations whatsoever on our part other than those obligations created under other provisions of this Agreement. O. Third Party Beneficiary This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group. The terms and provisions of the Agreement shall be binding solely upon, and inure solely to the benefit of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third -party beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's provider networks shall not be third -party beneficiaries under this Agreement, including the Evidence of Coverage. P. Inspection and Audit You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care documentation, documents, papers, and other records pertaining to coverage by providing records to Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend ten (10) years from the expiration or termination of the Agreement or completion of final audit, whichever is later, unless otherwise required by applicable law. Q. Benefit Administrator Guide We will provide you with a Benefit Administrator Guide, which provides details related to how your plan is administered and your responsibilities as a benefit administrator. R. Member Communications and Campaigns We may send CMS required or Florida Blue member communications without your consent. Samples of all required materials are available upon request for informational purposes. We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will notify you of the campaign prior to making contact with members. S. COBRA You are solely responsible for determining when individuals are eligible for coverage under a Medicare Plan pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). You will notify us promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the Benefit Administrator Guide. 267 11 In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement, Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River Board of County Commissioners the benefits of this Agreement as set forth in the Evidence of Coverage beginning on each enrollee's effective date. The Group has selected the following plan and premium: Advance Plan PPOwith DHV Breakdown Info for GSS: Advanced Platinum PPO with DHV-current plan. Medical: $6.10 Rx: $250.18 D/V/H: $10.00 Fitness: $4.00 TOTAL: $270.28 pmpm The Group's Agreement is effective as of October 1, 2022. IN WITNESS WHEREOF, the parties have executed this Agreement as of Blue Cross Blue Shield of Florida, Inc. (DBA Florida Blue) By: (Signature) Name: Rick Kohn (Please Print or Type) Indian River Board of County Commissioners Name: Title: Vice President, Government Programs Title: (Signature) (Please Print or Type) 268 12 ?AA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Patrick J. Murphy; Senior Planner, Current Development DATE: August 8, 2022 SUBJECT: GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as High Pointe West [SD -18-11-10 / 2004080145-88665] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2022. DESCRIPTION & CONDITIONS: High Pointe West is a single-phase conventional 31 -lot single-family subdivision on 12.59 acres. The project site is located on the south side of 65th Street, immediately east of the Lateral "G" Canal, is zoned RS -6, Residential Single -Family (up to 6 units/ acre), and has an L-2, Medium - Density Residential -2 (6 units/ acre) land use designation (see Attachment 1). The subject site is vacant and has never been previously developed. The density for High Pointe West is 2.46 units per acre. The final plat application is on file with the Planning Division. On January 24, 2019, the Planning and Zoning Commission (PZC) granted preliminary plat approval for High Pointe West. After preliminary plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for High Pointe West. ANALYSIS: All of the required improvements for High Pointe West have been completed and inspected, and a Certificate of Completion was issued on July 25, 2022. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. C:\Granicus\Legistar5\L5\Temp\Oc6b3a18-20b4-49cf-b18e-48e7b2a621a9.doc Page 1 of 2 269 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for High Pointe West. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\Oc6b3a18-2Ob4-49cf-b18e-48e7b2a621a9.doc Page 2 of2 270 F' o w ,� V At142iE£ .� � IT v S ,�, 1 N 2i�1 p -� Hlti£ O KOSEE CL 00 vo 00 0 AVM ESQN G\R z M31AHJtH 0 KE o RIDGEUNE AV "0 a ? 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Brown County Administrator THROUGH: Phillip Matson, AICP Community Development Director THROUGH: James Ennis Public Works Assistant Director FROM: Andrew Sobczak Assistant Community Development Director DATE: August 8, 2022 RE: Waiver to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of August 16, 2022. BACKGROUND Since 1978, Indian River County has participated in the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP). Under the NFIP, flood insurance rates in the unincorporated County are discounted based on the degree to which the county adopts and implements flood protection standards (measured by the Community Rating System (CRS) score) that are higher than the minimum NFIP standards. One such example is the regulation of construction in "Special Flood Hazard Areas" (SFHAs), including implementation of the County's "cut and fill" balance requirements. Since 1982, Indian River County has required "cut and fill" balance for development within SFHAs. Also known as compensatory storage, cut and fill balance requires creation of an equal volume of floodplain storage capacity for any volume of the base flood that would be displaced by fill or structures within SFHAs. As specified in County Code subsection 930.07(2)(i) the cut and fill balance requirement applies to all development within SFHAs, with the following exceptions: 1. Development projects within SFHAs along the Indian River Lagoon granted a waiver by the county upon showing the development will not create a material adverse impact on flood protection; 2. Subdivided lots of less and one acre that existed prior to July 1, 1990, on the basis that such lots are too small to balance on each individual lot, and post -1990 lots are mitigated on a subdivision -wide basis; 3. Development projects located in the St. John's Marsh with soil classifications indicative of marsh conditions, when granted a waiver by the county based on a lack of material adverse impact; and 4. Development located within the Vero Lake Estates Municipal Services Taxing Unit (MSTU) for which a waiver has been granted, in consideration of off -setting overall VLE stormwater improvement. 273 In 2017, County Staff was contacted by commercial property owner Ralph Poppell with a request that the County waive the cut and fill requirement as it pertains to his commercial property located on the south side of SR 60, west of 1-95, to allow the filling of a + 1/2 -acre pond onsite without providing compensatory storage. At the time, Mr. Poppell expressed concerns that a cut and fill balance requirement was not mandated by FEMA, and made small-scale commercial/industrial development difficult. ANALYSIS Following discussions with Mr. Poppell concerning his request, County Staff researched the feasibility of establishing a waiver to the cut and fill balance requirements, and presented a draft LDR revision to the Board on August 15, 2017. At that meeting, the Board voted to approve the draft LDR revision, and directed staff to evaluate the process and report back at a future meeting. To that end, Staff has further evaluated the waiver and added the following four requirements for the waiver: 1. The development site must be under five (5) acres in size. 2. A formal site plan through the Community Development Department is required for waiver consideration. 3. A formal engineering analysis completed by a licensed professional engineer is required to demonstrate that no onsite or offsite drainage impacts will result. The analysis must also be recorded into public record as part of the formal property record. 4. The development site must be within a Commercial/Industrial Zoning District at the time of the LDR revision (waiver) adoption. The additional requirements narrow the list of eligible properties, and better aligns the waiver with properties that serve to benefit most from it. In addition, the requirements include a formal analysis completed by a licensed professional engineer to demonstrate that onsite or offsite impacts will not occur. Furthermore, existing provisions will be retained that offer additional protection, such as not allowing waivers to be granted for structures or fill within the floodway of the St. Sebastian River. RECOMMENDATION Staff recommends that the Board of County Commissioners review the proposed draft changes to Land Development Regulation Subsection 930.07(2)(i), and direct Staff to proceed with the formal adoption process. ATTACHMENTS 1. Proposed Land Development Regulation Subsection 930.07(2)(i) 2. Minutes from the 8/15/2017 BCC meeting 274 ATTACHMENT 1 Draft Revision to County Code Subsection 930.07(2)(i) (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: Those development projects within the special flood hazard area along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the board of county commissioners. In the special flood hazard area of the Indian River Lagoon, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation two and one-half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the flood insurance study, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment. b. Subdivided lots of less than one (1) acre in area that existed prior to July 1, 1990. At such time as the county may create or cause to be brought into existence a stormwater utility or other entity charged with managing drainage concerns, the requirements of this section will apply for lots less than one (1) acre in area existing prior to July 1, 1990, if the utility or entity has the authority to compensate for fill added in special flood hazard areas by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an off-site mitigation fund for a central facility or facilities, owned by the county, the stormwater utility, or other entity. Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridian soil types (as described in the United States Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. d. 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. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. 275 Draft Revision to County Code Subsection 930.07(2)(i) e. Commercial or industrial development located within a commercial/industrial (C/1) node. In the public interest of promoting economic development in targeted industries, and in recognition of the limited impacts of commercial/industrial development to base flood elevations within and adjacent to commercial/industrial nodes, such development is waived from the cut and fill requirements of this subsection. To qualify for this waiver, all of the following requirements must be met: i. The base flood volume may not be displaced by more than 500 cubic yards per acre, and the development site must be under five (5) acres in size. ii. A formal site plan application through the Community Development Department must be submitted for the respective development. iii. A formal engineering analysis, provided by a licensed professional engineer, is required to demonstrate that no onsite or offsite drainage impacts will result. The analysis must be recorded into public record as part of the property's formal record. iv. The site is located in a Commercial/Industrial Zoning District at the time of the waiver adoption. Notwithstanding this cut and fill waiver, such commercial or industrial development shall be subject to all other applicable stormwater management and flood protection regulations in this chapter. No structure of 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 276 277 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com 1 � Q * �Ic 0— Meeting Meeting Minutes - Final Tuesday, August 15, 2017 9:00 AM Commission Chambers Board of County Commissioners Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 277 Board of County Commissioners Meeting Minutes - Final August 15, 2017 describe the area involved in the improvements to 58th Avenue, as Pulte Homes, Inc. is committed to making four (4) lanes from 49th Street to 53rd Street. He explained that, as a result of new residential developments in the vicinity already initiated, staff is recommending a widening extension to the north, across the North Relief Canal, proceeding to 57th Street. Commissioner Adams thanked staff for bringing this item forward, and noted that traffic constraints in the area were already present. A motion was made by Commissioner Adams, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 12.A.2. 17-0839 Request to Consider Establishing an Exception to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas Recommended action: Staff recommends that the Board of County Commissioners re -affirm the policy of maintaining a CRS classification of "6,"consider the provided information, and provide direction to staff regarding the requested cut and fill balance exception. Attachments: Staff report Attachment 1: Poppell property location map Attachment 2: LDR Subsection 930.07(2)(i) Attachment 3: Draft proposed LDR revision Attachment 4: FEMA compensatory storage information Attachment 5: CRS classification information Attachment 6: Comprehensive Plan policies Community Development Director Stan Boling presented a request received from Ralph Poppell, commercial property owner, to establish an exception to the requirements for cut and fill balances in flood hazard areas. Mr. Poppell would like to fill a 1/2 acre pond at his commercial/industrial property located at 1931 98th Avenue. Discussion ensued amongst the Board, Environmental Planning & Code Enforcement Chief Roland DeBlois, and Director Boling as to whether allowing for the exception would affect the County's flood insurance premiums. Due to the fact that it was a small area, it was decided to approve a minor code amendment to allow Mr. Poppell to move forward with the project. In addition, the Board concluded that evaluating the entire process would be beneficial in handling future requests. Ralph Poppell, 525 34th Avenue SW, communicated the reasoning behind his request, along with his knowledge regarding elevation in the Vero Beach area. Indian River County Florida 2M.26 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Bob Johnson, Coral Wind Subdivision, and Joseph Paladin, President, Atlantic Coast Construction Builders and Black Swan Consulting, both spoke in support of the Board's decision regarding this matter. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to: (1) approve the requested minor code amendment to the Land Development Regulations (LDR) County Code Subsection 930.07(2)(1); and (2) direct staff to evaluate the process and report back at a future meeting. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3_ Recreation D. Human Resources E. Office of Management and Budget 12.E.1. 17-0882 Indian River County Travel Policy Recommended action: Staff recommends that the Board approve the proposed Indian River County Travel Policy and incoporate into the Administrative Policy Manual Attachments: Staff Report Travel Policy Management & Budget Director Michael Smykowski explained how travel expense reimbursements have been handled for County employees, confirming that there had been no formal written travel policy, as the County had been following Section 112.061 of the Florida Statutes. He proposed that, upon approval, the Indian River County Travel Policy would be added to the current Administrative Policy Manual. Commissioner Zorc questioned the guidelines used for mileage reimbursement, noting that the amount set by the Internal Revenue Service was much higher. Chairman Flescher felt that the per mile rate currently in effect was adequate. Commissioner Solari felt strongly that the disciplinary rules had been overstated, and pointed out that he did not want new employees who were provided the Administrative Policy Manual to continually read that they were subject to imprisonment. After much discussion amongst the Board and County Administrator Indian River County Florida 27 Re 27 10/28/2022 WAIVER TO CUT AND FILL BALANCE REQUIREMENTS FOR COMMERCIAL/ INDUSTRIAL PROPERTIES LOCATED WITHIN THE SPECIAL FLOOD HAZARD AREA AVER n O� R Proposed Change. • Adding a waiver to the cut and fill balance requirements under County Land Development Regulation (LDR) section 930.07 for commercial/industrial properties located in a special flood hazard area (SFHA). 1 ate- ► 10/28/2022 History• • On August 15, 2017, the Board of County Commissioners approved a draft LDR revision (waiver) for a cut and fill balance exemption for C/I properties located within a SFHA, and directed staff to further research and bring the item back at a later date. • Staff researched the proposed waiver, and added four (4) additional requirements. Proposed Waiver: Draft Revision to County Code Subsection 930.07(2)(D e Commercial or industrial development located within a commercial/industrial (CA) node In the public interest of promoting economic develooment in targeted industries and in recognition of the limited impacts of commerciallndustrial development to base flood elevations within and adjacent to commerciallindustrial nodes such development is waived from the cut and fill requirements of this subsection To qualify for this waiver ell of the following requirements must be met: l The base -Rood volume may at tie displaced t)y more than 5�1 cube vwrds bet acrd and the development site must be under five (5) acres in size. ii. A formal site plan application through the Community Development Department must be submitted for the respective develooment. iii. A formal engineering analysis provided by a licensed professional engineer is required to demonstrate that no onsite or offstte drainage impacts will result The analysis must be recorded into public record as part of the property's formal record. iv. The site is located in a Commercial/Industrial Zoning District at the time of the waiver adoption. �vER f �� Notwithstanding this cut and fill waiver, such commercial or industrial G development shall be subject to all other applicable stormwaler management Z end flood protection regulations in this chapter. Q No shWare of till shall be pew within the lands of the fbodway of the St Sebastian River. South Prong except as provided by (Section] e30.07(2xa)3.a O Rl 2 rn —,,9 Scope of Waiver: • Limiting the size of properties to under 5 -acres reduced the number of eligible properties to under 100 parcels (under 100 total acres). Recommendation: 10/28/2022 AVER � G OR • Staff recommends that the Board of County Commissioners review the proposed draft changes to Land Development Regulation Subsection 930.07(2)(i), recommend any changes, and direct Staff to proceed with the formal adoption process. VF 7, z�LORV 3 (5q, qa-3 10/28/2022 am -4 10/28/2022 a -p `5 5 ?AG INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: John Stoll Chief, Long Range Planning DATE: August 2, 2022 SUBJECT: Consideration of the Indian River County SHIP Program 2022 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 16, 2022. 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 19/20, FY 20/21, and FY 21/22. 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 # 1 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 (FY 19/20) 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 20/21 & FY 21/22). 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 2019-2020 annual closeout report with interim year data for FY 2020-2021 and FY 2021-2022. The FY 2019-2020 final closeout annual report must be submitted to the state by September 15, 2022. 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. 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). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2022 annual report and authorize its formal 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. 2 281 Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Closeout Report for FY 2019-2020 with Interim Year 1 FY 2020-2021 Data, and Interim Year 2 FY 2021-2022 Data 3. 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Effective Date: 5/23/2017 Report Status: Submitted Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 DPRL - Purchase & Rehab $25,124.57 1 Amount Units Amount Units 2 LDPC - Dn Pay / Impact Fee $173,521.00 8 2 DPCC - Dn Pymt / No Rehab $9,290.21 1 3 RL - Rehab Loan $305,858.85 8 3 RIG - Rehab / Impact Fee $48,995.05 1 3 Emergency Rehab $27,038.37 2 6 Emergency Rehab $26,077.00 3 Homeownership Totals: $615,905.05 24 Rentals Rental Totals: Subtotals: $615,905.05 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $35,823.10 $.00 $14,712.35 $.00 24 Totals: $666,440.50 24 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Page 1 $.00 ATTACHMENT ?84 Expended Encumbered Unencumbered Code Strategy Amount Units Amount Units Amount Units Rental Totals: Subtotals: $615,905.05 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $35,823.10 $.00 $14,712.35 $.00 24 Totals: $666,440.50 24 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Page 1 $.00 ATTACHMENT ?84 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Source of Funds Amount * Carry Forward to Next Year: $5,109.73 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 State Annual Distribution $358,231.00 Program Income (Interest) $10,560.37 Program Income (Payments) $299,196.98 Recaptured Funds $.00 Disaster Funds 398 Other Funds 711 Carryover funds from previous year $3,561.88 Total: $671,550.23 Form 2 Rental Unit Information % of Total Value Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed Private Funds Expended ELI 366 398 543 711 879 $2,440,717.97 VLI 610 653 783 905 1,010 LOW 975 1,045 1,253 1,448 1,616 MOD 1,464 1,567 1,881 2,172 2,424 Up to 140% 1,708 1,8281 2,194 2,5341 2,828 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 $615,905.05 25.23% Public Moneys Expended $35,000.00 1.43% Private Funds Expended $1,789,812.92 73.33% Owner Contribution $.00 .00% Total Value of All Units $2,440,717.97 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statute Compliance Category SHIP Funds Trust Funds % of Trust Fund Minimum % Homeownership $615,905.05 $361,792.88 170.24% 65% Construction / Rehabilitation $615,905.05 $361,792.88 170.24% 75% Program Compliance - Income Set -Asides Page 2 285 Form SHIP AR./2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Income Category SHIP Funds Total Available Funds % Extremely Low $78,641.00 11.71% Very Low $208,942.44 31.11% Low $314,836.70 46.88% Moderate $13,484.91 2.01% Over 120%-140% $.00 .00% Totals: $615,905.05 91.71% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Total Funds SHIP Total SHIP Total # Mortgages, Loans & SHIP Grants Grant Funds Units Loans & DPL's DPL Unit #s Unit #s Expended Extremely Low $78,641.00 3 0 $78,641.00 3 Very Low $208,942.44 8 0 $208,942.44 8 Low $314,836.70 11 0 $314,836.70 11 Moderate $13,484.91 2 0 $13,484.91 2 Over 120%-140% 0 0 $.00 0 Totals: $615,905.05 24 $.00 0 $615,905.05 24 Form 3 Page 3 286 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Totals Family Size 10 24 List Unincorporated White Black Hisp- anic Asian Amer - Indian and Each and Each 2-4 5+ 2 Description Municipality Description Municipality 0-25 26-40 41 -61 62+ Total RL - Rehab Loan Sebastian 2 Emergency Rehab Unincorporated 2 2 Emergency Rehab Unincorporated RL - Rehab Loan 1 1 31 5 RL - Rehab Loan Vero Beach Unincorporated 1 2 3 3 RL - Rehab Loan Unincorporated 1 1 1 1 3 DPRL - Purchase & Unincorporated 1 RIG - Rehab / Impact 1 Rehab 1 1 Fee 1 RIG - Rehab / Impact Unincorporated LDPC - Dn Pay / Unincorporated 1 1 Fee 8 Impact Fee LDPC - Dn Pay / Unincorporated 1 3 4 8 Impact Fee DPCC - Dn Pymt / Unincorporated 1 1 No Rehab Totals Family Size 10 24 Totals: 7 16 1 24 Race (Head of Household) Description List Unincorporated White Black Hisp- anic Asian Amer - Indian and Each 1 2-4 5+ 2 Description Municipality Person People People Total RL - Rehab Loan Sebastian 2 2 2 Emergency Rehab Unincorporated 2 3 Vero Beach 5 RL - Rehab Loan Vero Beach 2 1 3 RL - Rehab Loan Unincorporated 1 2 3 DPRL - Purchase & Unincorporated 1 DPRL - Purchase & Rehab Unincorporated 1 Rehab 1 RIG - Rehab / Impact Unincorporated 1 1 1 Fee 1 LDPC - Dn Pay / Unincorporated 7 1 8 Impact Fee DPCC - Dn Pymt / Unincorporated 1 1 No Rehab Totals: 7 16 1 24 Race (Head of Household) Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer - Indian Other Total RL - Rehab Loan Sebastian 2 2 Emergency Rehab Unincorporated 2 3 5 RL - Rehab Loan Vero Beach 2 1 3 RL - Rehab Loan Unincorporated 1 2 3 DPRL - Purchase & Rehab Unincorporated 1 1 RIG - Rehab / Impact Fee Unincorporated 1 1 Page 4 287 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 LDPC - Dn Pay / Unincorporated 1 7 8 Impact Fee DPCC - Dn Pymt / Unincorporated 1 1 No Rehab Totals: 10 13 1 24 Demographics (Any Member of Household) Totals: 10 10 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target Total # of Description I Grou� I Expended Funds Expended Units Status of Incentive Strategies List Unincorporated Incentive Description (If Other) Category and Each Farm Home - Description Municipality Worker less Elderly Total RL - Rehab Loan Sebastian Housing Element Policy 1.5 2 2 Emergency Rehab Unincorporated 3 3 RL - Rehab Loan Vero Beach Implemented, 1994 3 3 RL - Rehab Loan Unincorporated Flexible densities 1 1 DPRL - Purchase & Unincorporated Housing Element Policy 2.5 0 Rehab Allowance of accessory Small Lot Subdivision Required Implemented, 1992 RIG - Rehab / Impact Unincorporated in LHAP 1 1 Fee Required Implemented, 1995 Conjunction with LDPC - Dn Pay / Unincorporated Commercial 0 Impact Fee DPCC - Dn Pymt / Unincorporated 0 No Rehab Totals: 10 10 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target Total # of Description I Grou� I 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 accessory Small Lot Subdivision Required Implemented, 1992 dwelling units Regulations in LHAP Other Allowing Multi -Family in Required Implemented, 1995 Conjunction with in LHAP Commercial Page 5 288 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 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 applicants 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 As of June 30, 2020, the Indian River County LHAP Program has approved 24 loans with FY 2019/2020 funding. LHAP Program staff held several public meetings, placed newspapers advertisements and acco Availability for Public Inspection and Comments Page 6 289 Form SHIP AR12009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 annual reports are provided to the public through AHAC, Affording Housing Partnership Group, county Manning division, municipalities within the county and the county website. Life -to -Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 830 Mortgage Foreclosures A. Very low income households in foreclosure: 47 B. Low income households in foreclosure: 53 C. Moderate households in foreclosure: 15 Foreclosed Loans Life -to -date: 115 SHIP Program Foreclosure Percentage Rate Life to Date: 13.86 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 DPCC - Dn Pymt/No Rehab $9,290.21 DPRL - Purchase & Rehab $25,124.57 Emergency Rehab $10,623.07 LDPC - Dn Pay/Impact Fee $21,690.13 RIG - Rehab/Impact Fee $48,995.05 RL - Rehab Loan $38,232.36 Expended Funds Total Unit Count: 24 Total Expended Amount: $615,905.05 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted RL - Rehab Loan Robert & 928 Canal Circle Sebastian 32958 $48,391.50 Patricia Doherty Emergency Rehab Douglas W 131 13th Ave Vero Beach 32962 $19,481.80 Miller Emergency Rehab Renita D 603 4th PI SW Vero Beach 32962 $2,400.50 Brown 1 Page 7 290 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 RL - Rehab Loan Mario E 1605 32nd Ave Vero Beach 32960 $49,089.50 Government Cuervo ALL $50,535.45 Emergency Rehab Chimere K 3466 1st St Vero Beach 32968 $4,194.70 Smith RL - Rehab Loan Mary/George 1096 25th St SW Vero Beach 32962 $48,710.00 Brown/Brinson DPRL - Purchase Gary Morales 5825 59th Ct Vero Beach 32967 $25,124.57 & Rehab RIG - Larry E & Sally 2143 2nd Ave SE Vero Beach 32962 $48,995.05 Rehab/Impact Fee M Grayam LDPC - Dn Peacola 1190 11th Ave SW Vero Beach 32962 $19,423.00 Pay/Impact Fee Flemming LDPC - Dn Mae Simmons 1150 11th Ave SW Vero Beach 32962 $24,423.00 Pay/Impact Fee RL - Rehab Loan Katelyn Pursel 1426 25th Ave SW Vero Beach 32962 $43,712.85 RL - Rehab Loan Joseph & 1788 33rd Ave Vero Beach 32960 $27,530.50 Angela Scibelli RL - Rehab Loan Thomas J & 2146 35th Ave Vero Beach 32960 $26,963.50 Cheryl A Placanica RL - Rehab Loan Angela R 4281 36th Ct Vero Beach 32967 $27,040.00 Young Emergency Rehab Willie & Clara 1246 17th Ave SW Vero Beach 32962 $16,265.72 Green RL - Rehab Loan Patricia 1 245 Manly Ave Sebastian 32958 $34,421.00 Carnac DPCC - Dn Jevon 4031 41 st Sq Vero Beach 32967 $9,290.21 Pymt/No Rehab Cummings LDPC - Dn Keiosha 1605 17th Ct SW Vero Beach 32962 $24,423.00 Pay/Impact Fee Harrell LDPC - Dn Lisa Blake 1250 11th Ct SW Vero Beach 32962 $22,560.00 Pay/Impact Fee LDPC - Dn Blondell Effend 1775 15th Ct SW Vero Beach 32962 $19,423.00 Pay/Impact Fee LDPC - Dn Talitha Nicole 1155 10th Ct SW Vero Beach 32962 $19,423.00 Pay/Impact Fee Taylor Emergency Rehab Heather Lea 2470 4th St Vero Beach 32962 $10,772.65 Kennedy LDPC - Dn Crystal Curet 1235 11th Ave SW Vero Beach 32962 $19,423.00 Pay/Impact Fee LDPC - Dn Ashley Ausby 1260 11th Ave Vero Beach 32962 $24,423.00 Pay/Impact Fee Administration by Entity Name Business Type Strategy Covered Responsibility Amount Indian River County Government ALL ALL $50,535.45 Program Income Program Income Funds Page 8 291 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Loan Repayment: $294,246.98 Refinance: $.00 Foreclosure: Denied Sale of Property: $4,950.00 Interest Earned. $10,560.37 Total: $309,757.35 Number of Affordable Housing Applications Number of Affordable Housing Applications Submitted 46 Approved 24 Denied Explanation of Recaptured funds Description Amount 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: 202,190.00 Or Not Applicable Form 5 Page 9 292 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 1 DPRL - Purchase & Rehab $25,124.57 1 Amount Units 2 LDPC - Dn Pay/Impact Fee $24,423.00 1 2 DPCC - Dn Pymt/No Rehab (6) Emergency Rehab 3 RL - Rehab Loan $235,106.00 6 Disability Insurance 3 RIG - Rehab/Impact Fee $48,995.05 1 (3) RL - Rehab Loan Receiving Social Security 3 Emergency Rehab $27,038.37 2 Disability Insurance 6 Emergency Rehab $19,481.80 1 Receiving Social Security $25,124.57 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing down -payment, closing costs and impact fee loans to help provide long term affordable housing. Providing rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Interim Year Data Page 10 293 Expended Encumbered Strategies Special Needs Category Amount $124,065.00 Units Amount Units (3) RL - Rehab Loan Receiving Supplemental 3 Security Income $19,481.80 (6) Emergency Rehab Receiving Social Security 1 Disability Insurance $49,089.50 (3) RL - Rehab Loan Receiving Social Security 1 Disability Insurance (1) DPRL - Purchase & Receiving Social Security $25,124.57 1 Rehab Disability Insurance $48,995.05 (3) RIG - Rehab/Impact Receiving Supplemental 1 Fee Security Income (2) LDPC - Dn Pay/Impact Receiving Social Security $24,423.00 1 Fee Disability Insurance (3) RL - Rehab Loan Developmental Disabilities $27,530.50 $16,265.72 1 (3) Emergency Rehab Person with Disabling 1 Condition (not DD) $34,421.00 (3) RL - Rehab Loan Survivor of Domestic 1 Violence $10,772.65 (3) Emergency Rehab Receiving Social Security 1 Disability Insurance Provide a description of efforts to reduce homelessness: Providing down -payment, closing costs and impact fee loans to help provide long term affordable housing. Providing rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Interim Year Data Page 10 293 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Page 11 294 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Page 12 295 State Housing Initiatives PartnershiplSHIProgram Annual Report an dm Local_ Housing 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 2019/2020 and interim years 2020-2021 & 2021-2022 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: Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and 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. 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: John Stoll Witness Signature Date Chief Elected Official or Designee Signature Peter D_ Q'Rryan, 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 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. ATT�q Q�MENT 3 A CONSENT -] INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: August 11, 2022 SUBJECT: Modification #1 to Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number G0301 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 Indian River County Board of County Commissioners executed an agreement with the Florida Division of Emergency Management on August 17, 2021 for the Emergency Management Performance Grant (EMPG). The EMPG grant 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. The Florida Division of Emergency Management has submitted Modification #1 to Agreement Number G0301, which extends the terms of the agreement by three (3) months with a new end date of September 30, 2022. All provisions not in conflict with this modification remain in full force and effect and are to be performed at the level specified in the agreement. FUNDING: There are no changes to the funding of the original agreement. RECOMMENDATION: Staff recommends approval of Modification #1 of Federally -Funded Subgrant Agreement G0301 between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. EMPG Agreement Modification #1 297 MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County ("Sub - Recipient"), to modify Agreement Number G0301, which began on July 1, 2021 ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub -Recipient under the Emergency Management Performance Grant Program of $80,205.00; WHEREAS, the Agreement expired on June 30, 2022; and, WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of the Agreement; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and, WHEREAS, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (3) PERIOD OF AGREEMENT hereby amended to read as follows: (a) This agreement period will begin on July 1, 2021, and will end on September 30, 2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. 2. All provisions not in conflict with this Modification remain in full force and effect and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: INDIAN RIVER COUNTY Name and Title: Date: DIVISION OF EMERGENCY MANAGEMENT Name and Title: Kevin Guthrie, Division Director Date: N.. CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: August 11, 2022 SUBJECT: Modification #1 to Emergency Management Performance Grant - American Rescue Plan Act Agreement (EMPG-ARPA) Agreement Number G0310 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 Indian River County Board of County Commissioners executed an agreement with the Florida Division of Emergency Management on August 17, 2021 for the Emergency Management Performance Grant -American Rescue Plan Act (EMPG-ARPA) Agreement. The EMPG-ARPA grant is used 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 Florida Division of Emergency Management has submitted Modification #1 to Agreement Number G0310, which extends the terms of the agreement by three (3) months with a new end date of September 30, 2022. All provisions not in conflict with this modification remain in full force and effect and are to be performed at the level specified in the agreement. FUNDING: There are no changes to the funding of the original agreement. RECOMMENDATION: Staff recommends approval of Modification #1 of Federally -Funded Subgrant Agreement G0310 between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. EMPG-ARPA Agreement Modification #1 300 MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County ("Sub - Recipient"), to modify Agreement Number G0310, which began on July 1, 2021 ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub -Recipient under the Emergency Management Performance Grant American Rescue Plan Act (ARPA) of $13,926.00; WHEREAS, the Agreement expired on June 30, 2022; and, WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of the Agreement; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and, WHEREAS, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (3) PERIOD OF AGREEMENT hereby amended to read as follows: (a) This agreement period will begin on July 1, 2021, and will end on September 30, 2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. 2. All provisions not in conflict with this Modification remain in full force and effect and are to be performed at the level specified in the Agreement. 301 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: INDIAN RIVER COUNTY Name and Title: Date: DIVISION OF EMERGENCY MANAGEMENT so Name and Title: Kevin Guthrie, Division Director Date: 302 ebr Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 9, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: Amendment 2 Work Order No. 10 for Masteller & Moler, Inc., North County Water and Septic to Sewer Phase II Project — Private Side Connections Background: At this time, the Indian River County Department of Utility Services (IRCDUS) is preparing to take the private side sewer connections out to bid. Staff is seeking to hire qualified plumbers to abandon septic tanks and perform the private side connections. Analysis: On June 15, 2021, the Board of County Commissioners (BCC) approved Amendment 1 Work Order No. 10 for Masteller & Moler, Inc. (M&M) for additional design services, which included private property water and sewer design for approximately 200 private property parcels. The purpose of Amendment 2 Work Order No. 10 is to revise the design of private property water and sewer plans for approximately 200 private property parcels. Funding: These additional professional services related to Work Order No. 10 for M&M, in the amount of $5,180.00, will be paid from the Impact Fee/Sebastian Phase II Water & Sewer Account, number 472- 169000-17513, in the impact fee (capital) fund. Capital fund revenues are generated from impact fee funds from the North County Water and Septic to Sewer Phase II project. Since its inception, the County intended to utilize various grant funds for the project to offset the cost of septic abandonment and the private side sewer connection. Description Account Number Amount Impact Fee/Sebastian Phase II Water & Sewer 1 472-169000-17513 $5,180.00 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Phase 2 - UCP #3556\Agenda\Staff Report — Amendment 2 W010 v2 303 Recommendation: Staff recommends the Board of County Commissioners approve Amendment 2 Work Order No. 10 for Masteller and Moler, Inc., in the amount of $5,180.00, and authorize the Chairman to sign. Attachments: 1. Amendment 2 Work Order No. 10: Masteller & Moler, Inc. F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Phase 2 - UCP #3556\Agenda\Staff Report—Amendment 2 W010 Q 304 AMENDMENT NUMBER 2 CCNA2018 WORK ORDER NUMBER 10 NORTH COUNTY SEWER & WATER SYSTEM - PHASE TWO PRIVATE PROPERTY BIDDING PLANS PREPARATION This Amendment 2 to Work Order Number 10 is entered into as of this _ day of , 20_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17th day of April, 2018 (collectively referred to as the "Agreement"), and that certain Extension of Continuing Contract Agreement for Professional Services entered into as of the 18th day of May, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10, Effective Date May 18, 2021. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule and within the timeframe more particularly set forth in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 to Work Order 10 as of the date first written above. CONSULTANT: MASTELLER & MOLER, INC. By: _�_A By: Print Name: Earl H. Masteller, PE, BCEE Title: President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, 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 305 EXHIBIT "A" AMENDMENT NUMBER 2 CCNA2018 WORK ORDER NUMBER 10 NORTH COUNTY SEWER & WATER SYSTEM — PHASE TWO PRIVATE PROPERTY BIDDING PLANS PREPARATION GENERAL INFORMATION The purpose of this Amendment Number 2 to Work Order Number 10 is to authorize Masteller & Moler, Inc. to revise Contract Private Property Water & Sewer Design Plan Sheets for this project per County Utilities' request. A brief description of the scope of services and deliverables for this Amendment 2 is provided as follows: SCOPE OF SERVICES Based on the County Utilities' request, Masteller & Moler Inc. will provide engineering services to revise the Contract Private Property Water & Sewer Design Plan Sheets for approximately 200 private property parcels. The purpose is to remove the private -side potable water pipe, fixtures, and other related appurtenances. These plans will be for the County's use in seeking qualifications from reputable plumbing contractors for the private -side installation of the sanitary sewer system only. Consultant will provide an updated quantities take -off. Deliverables — The ENGINEER shall provide the COUNTY: • Revised Contract Plan Sheets for the Private Property Water & Sewer Connections TIME SCHEDULE The estimated time frame for completion of Revised Contract Plans (after County Written Approval of this Amendment): FEE SCHEDULE 1 Hard Copy Set & 1 Electronic 14 Calendar Days Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the lump sum fees of $ 5,180.00 File#1422-3 Exhibit "A" - 1 306 (1422-3_S2S-Ph2-W010-Amend02_22-0629.docx) Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 2, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: Floravon Shores Septic to Sewer Approval of FDEP Cost -Share Funding Agreement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the Floravon Shores Septic to Sewer project and was awarded $225,000 towards the estimated total cost of $621,891.91. Funding will be made available through a cost reimbursement grant, which will require execution of a grant agreement with the FDEP. The FDEP grant has a 50% match requirement. IRCDUS has the funding available through other grant funds for the matching requirement. Analysis: In order to secure the funding, the following items were submitted to FDEP: • Agreement Contact Information form • Grant Work Plan • Certificate of Insurance Coverage • Federal Funding Accountability and Transparency Act Form • Debartment Certification On July 11, 2022, FDEP forwarded the final agreement, WG023, which expires on December 31, 2024, if executed. Funding: The estimated construction cost is $621,891.91, which will come from the Utility Assessments/Floravon Shores Septic to Sewer account, number 473-169000-19556. The FDEP grant will pay $225,000 towards the construction cost. IRCDUS submitted a grant proposal to Indian River Lagoon National Estuary Program (IRLNEP) and should be informed of a decision in August 2022. American Rescue Plan (ARP) funding of Page 1391 F:\Utilities\UTILITY - Engineering\Projects - Capital Projects\19-1206 Floravon Sewer System\Admin\BCC Agenda\August 16 BCC Meeting - Floravon Shores\Agenda - Floravon Shores Septic to Sewer Cost -Share Approval.docx Consent Item $225,000 will also be used for the project and will be a reimbursement to IRCDUS. If the County receives funding from IRLNEP, those funds will show as a reimbursement as well. Any shortfall in grant funding will be generated through an assessment levied against the benefitting properties for the project. Account Name Account Number Amount Utility Assessments/Floravon Shores Septic to Sewer 1 473-169000-19556 $621,891.91 Recommendation: Staff recommends the Board of County Commissioners authorize the Director of Utility Services to sign the Florida Department of Environmental Protection Grant Agreement WG023 and all necessary documents in order to effectuate the grant agreement. Attachments: FDEP Grant Agreement IRC Grant Form Page 220$ F:\Utilities\UTILITY - Engineering\Projects - Capital Projects\19-1206 Floravon Sewer System\Admin\BCC Agenda\August 16 BCC Meeting - Floravon Shores\Agenda - Floravon Shores Septic to Sewer Cost -Share Approval.docx STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Floravon Shores Septic to Sewer Conversion WG023 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Indian River County Entity Type: Local government Grantee Address: 180127th Street, Vero Beach, FL 32960 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution December 31, 2024 4. Project Number: Project Location(s): (If dii Brent from Agreement Number) 27.7952,-80.4581 Project Description: This project involves a septic to sewer program in order to phase out septic tanks in the close proximity of the Indian River Lagoon. 5. Total Amount of Funding: $225,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ❑ State ®Federal Fed WWG, Section 152, FY21-22, WPSPTF $225,000.00 ❑ State ❑Federal ® Grantee Match $225,000.00 Total Amount of Funding + Grantee Match, if any: $450,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Richmond Abellera Name: Robert Tobar or successor Address: 3900 Commonwealth Blvd., MS 3602 Tallahassee FL, 32309-3000 Address: 1801 27th St Vero Beach, FL 32960 or successor Phone: (850) 245-2817 Phone: (772) 226-1801 Email: Richmond.Abellera@FloridaDEP.gov Email: rtobar@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference: 5d Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements fd Attachment 2: Special Terms and Conditions Q Attachment 3: Grant Work Plan Iff Attachment 4: Public Records Requirements d Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com. in accordance with §215.985, F.S. i7 Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 21 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form W Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. WG023 3�v. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): Fed WWG, Section 152, FY21-22, WPSPTF Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: $225,000.00 Federal Awarding Agency: Department of Treasury Award R&D? ❑ Yes EIN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Grantee Name By (Authorized Signature) GRANTEE Date Signed Sean Lieske, Director of Utility Services, Indian River County Board of County Commissioners Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing W Additional signatures attached on separate page. Date Signed DEP Agreement No. WG023 3 ,gv.6/20/18 DWRA Additional Signatures Richmond Abellera, DEP Grant Manager Mitch Holmes, DEP QC Reviewer 311 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. Attachment 1 1 of 12 Rev. 6/4/2021 312 The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 6/4/2021 313 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: httys://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEUenditures.odf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 6/4/2021 314 b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting Attachment 1 4of12 Rev. 6/4/2021 315 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 6/4/2021 316 obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. Attachment 1 6of12 Rev. 6/4/2021 317 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (3 0) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 6/4/2021 318 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. Attachment 1 8of12 Rev. 6/4/2021 319 a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: htW:Hdos.myflorida.com/library-archives/records-mana eg mentleeneml-records-schedulesl). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9of12 Rev. 6/4/2021 320 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 6/4/2021 321 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 6/4/2021 322 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 6/4/2021 323 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. WG023 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Floravon Shores Septic to Sewer Conversion. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2021 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicine. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ® Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $225,000 through cash or third party in-kind towards the work funded under this Agreement. The Grantee may claim allowable project expenditures made on 07/01/2021 or after for purposes of meeting its match requirement as identified above. Attachment 2 1 of 2 Rev. 8/10/2020 324 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. If, upon completion of this Project, actual Project costs are less than the total estimated Project costs, and there are no pending payment requests, the Grantee's required match may be reduced proportionately, as long as at least a 50% match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and program requirements. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Comnensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2 of 2 Rev. 8/10/2020 325 ATTACHMENT GRANT WORK PLAN PROJECT TITLE: Floravon Shores Septic to Sewer Conversion PROJECT LOCATION: The project will be located from the end of 110`h Street (cul-de-sac) to the east side of the intersection of US Hwy 1 and 110'' Street, north along the east right-of-way of US -1 and east along 110' PI to an Indian River County Lift Station, within Indian River County. Lat/Long (27.7952, - 80.4581). See Figure 1. for a location map. PROJECT BACKGROUND: Floravon Shores is a small community of 19 lots on septic adjacent to the Indian River Lagoon. The septic to sewer conversion will route the wastewater from this community to a county system for collection and treatment at a regional wastewater facility that is operated by Indian River County Department of Utility Services. The conversion will reduce the nutrient loading, improve water quality, and promote seagrass growth in the Indian River Lagoon by routing septic effluent into a regional sanitary sewer collection and treatment system. PROJECT DESCRIPTION: The Floravon Shores Septic to Sewer Conversion will construct approximately 1,211 LF of gravity sewer main and approximately five manholes. This project will connect up to approximately 18 homes. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Construction Deliverables: The Grantee will construct Floravon Shores Septic to Sewer Conversion in accordance with the construction contract documents.This will include the items necessary to construct the project minus the connection to central sewer. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2: Connection to Central Sewer Deliverables: The Grantee will properly abandon the septic systems and connect approximately 18 single family residences to a central sanitary sewer system for wastewater treatment by the Indian River County Central Wastewater Treatment facility. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 2) a list of addresses and types of the properties connected; and 3) proof of septic abandonment and connection for each property, as evidenced by copies of invoices for the abadonments and connections by a licensed plumber, utility contractor, or building contractor. DEP Agreement No. WG023, Attachment 3, Page 1 of 3 326 Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Task Title Budget Grant Match Task Start Task End No. Cate2ory Amount Amount Date Date 1 Construction Contractual $212,145 $212,145 07/01/2021 06/30/2024 Services Connection to Contractual 2 Central Sewer Services $12,855 $12,855 07/01/2021 06/30/2024 Total: $225,000 $225,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WG023, Attachment 3, Page 2 of 3 327 Figure 1. Location Map FLORAVON SHORES SEPTIC TO SEWER CONVERSION PROJECT Legend Indian River County Department Utility Services of 3 Floravon Sewer System Septic to Sewer Project Area ' E_ �` e Data: 1/192022 r� Scale: 1" = 2.000' DEP Agreement No. WG023, Attachment 3, Page 3 of 3 328 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(a-),floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 329 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXH03IT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.eov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/1330 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at b=s:HgRps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www:leg.state.fl.us/Welcome/index.cftn, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/auditen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS -DEP 55-215 revised 12/133* By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hM://harvester.census.gov/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS ingleAuditCgbdep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website Q=://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudita,dep. state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 12/1332 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS -DEP 55-215 revised 12/1333 ., 11. O O a� v) = o h •v ° Q Q � C O o y O O E Q O Q w � N C Z � 69 "O C O 40. w 0 U � w ar c 3 0 o a> In w U � C d U O U CA o r a E w O � 14 U E U E U uz N U �z U 0 a w v�ww w v�ww d 'II y Oa Pro CL Z o� wa O Q O Q �w V Y 3 w w Q aQi � Q L O ai CE cl cC N CQ R w Q 11. Q M M o h •v ° � y O w � h o 40. 4. w ar U U r w E U E U U U w v�ww w v�ww 'II y Oa Pro o� wa Q M M pl, O O a� .L O •� O o *C� aU-• o U ¢ U 8 sCQ. L O O � Q Q � U G G L Q Q w w w N u L w w 0 O d C V O CC •O L � U U o FF E= O U U 0 1,11 U .O O C C U C a, L O Q s E y Q Uz cCe U U 7 L 7 w � � F � U Cd U •U a) a N u �•+ Q Q c a U c U ❑ 3 N N Q U G tz C U L a -0 C 3 3 y L y 30, M ea }c Q CA pl, N 0 y � N U S O 'o •U U 69 N H �O Q O N Y rz rn C .d. r M 0 M c o C O aai cC i N U L ca as _ U O LL U r H ` N z y m O O � � S 'C3 � a•+ O. rz�4 U O U i N W N o tz �z E cu Z,' o 'S on Cf) o U c S i � ¢• ; � Q ZZ: N v U SZ S zz N 3 Q C 0 Z OU as C �. m w 5 � a) CL O o. m o o ti c a� OUQ a) O .O cz _ N cC R O O C by O a D i0O o ci ucdE O O LO M M O O o o U ¢ U w C E E N Q Q O C C N � w w 0 u O � •O L � U U O 0 ,U 1,11 U O C C C. O U E L Uz Uz Q w � � F � U Cd U a C a c •� U c U ❑ N N U � G tz C a -0 � 3 3 Q Q ea }c Q CA Qn d U L O O �' cr ca u ea MM � a a N 0 y � N U S O 'o •U U 69 N H �O Q O N Y rz rn C .d. r M 0 M c o C O aai cC i N U L ca as _ U O LL U r H ` N z y m O O � � S 'C3 � a•+ O. rz�4 U O U i N W N o tz �z E cu Z,' o 'S on Cf) o U c S i � ¢• ; � Q ZZ: N v U SZ S zz N 3 Q C 0 Z OU as C �. m w 5 � a) CL O o. m o o ti c a� OUQ a) O .O cz _ N cC R O O C by O a D i0O o ci ucdE O O LO M M ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award, the SLFRF implementing regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub - awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REOUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non - Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. 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. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient 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: i. 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 Recipient 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. B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. The Recipient 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 Attachment 8 1 of 6 Rev. 4/14/2022 336 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 Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient 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. F. The Recipient 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. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient 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. H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply 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 Recipient 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 or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non- Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean air Act (42 U.S. C. 7401-7671q.), the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), and EPA Regulations If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Attachment 8 2 of 6 Rev. 4/14/2022 337 Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding $100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-LobbyinQ Amendment (31 U.S.C. 1352) The Recipient certifies 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. If applicable, the Recipient shall disclose any lobbying with Non -Federal funds that takes place in connection with obtaining any Federal award, using form SF -LLL, available at: hos://appl 0�7.grants.jzo�pply/forms/sample/SFLLL 1 2 P-V1.2.ndf i. Grantees 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. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as partof any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must, to the greatest extent practical, give preference to the purchase, acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regiflations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to Federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 3. Compliance with the Trafficking -Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all Attachment 8 3 of 6 Rev. 4/14/2022 M employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination (2 CFR � 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB)-designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving Federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Where applicable, 42 U.S.C. §§ 4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on Federal awards (Federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpendinggov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. Attachment 8 4 of 6 Rev. 4/14/2022 339 DEPARTMENT OF TREASURY -SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race, color, national origin, (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI, along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31, 2024 and expended by December 31, 2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the Non -Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects, the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date (month/year) ii. Projected/actual initiation of operation date (month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER $10 MILLION For infrastructure projects over $10 million, the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with the Davis -Bacon Act, for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed. If the Grantee does not provide such certification, the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub -contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification; and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre -hire collective bargaining agreement consistent with the section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project workforce continuity plan, detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of Attachment 8 5 of 6 Rev. 4/14/2022 340 appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses, injuries, and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement, with a description of any such agreement, if applicable. SURF WATER & SEWER PROJECTS For water and sewer projects, Grantees shall provide the following information to the Department once the project starts: i. National Pollutant Discharge Elimination System (NPDES) Permit Number ii. Public Water System (PWS) ID number iii. Median Household Income of service area iv. Lowest Quintile Income of the service area Attachment 8 6 of 6 Rev. 4/14/2022 341 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: WG023 Project Title: Floravon Shores Septic to Sewer Conversion Grantee Name: Indian River Count Grantee's Grant Manager: ReportingPeriod: I Select Quarter - Select Year Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period, provide an update on the estimated completion date for each task, and identify any anticipated delays or problems encountered. Use the format provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following the completion of the quarterly reporting period. Task 1: Select Task Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 2: Select Task Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 3: Select Task Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 4: Select Task Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 5: Select Task Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Exhibit A, Page 1 of 2 Rev. 2/3/22 342 Completion Status for Tasks: Indicate the completion status for the following tasks, if included in the Grant Work Plan. For construction, the estimated completion percentage should represent the work being funded under this Agreement. Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ Permitting (Completed): Yes ❑, No ❑ Construction (Estimated): % SLFRF INFRASTRUCTURE PROJECTS For infrastructure projects, the Grantee shall provide the following project information: Projected/actual construction start date (month/year): Projected/actual initiation of operation date (month/year): Project Location details: Local Contributions: For Springs grant agreements with local contributions, a summary of the local contributions will be required in the Final Quarterly Progress Report. Provide a brief summary below of the local contribution amounts that have been used toward the project. ■ Summary of local contributions: This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager (Original Ink or Digital Timestamp) Date Exhibit A, Page 2 of 2 Rev. 2/3/22 343 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form lis link: request. 344 GRANT NAME: Floravon Shores Sentic to Sewer Cnnveminn GRANT # WG023 AMOUNT OF GRANT: $225,000.00 DEPARTMENT RECEIVING GRANT: Department of Utility Services CONTACT PERSON: Robert Tobar TELEPHONE: 772-226-1801 1. How long is the grant for? At the time of execution date until December 31 2024 Starting Date: TBD 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? X Yes No 4. Percentage of match to grant 50.00 % 5. Grant match amount required R ?M'000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Potentially in-kind services ARP funding,other received &rant funds 7. Does the grant cover capital costs or start-up costs? Yes ___2L_No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? 10. What is the estimated cost of the grant to the county over five years? T225.000,00 Signature of Preparers htpual Td Date:) UIZ 345 Grant Amount Other Match Costs Not Covered Match Total First Year $ 225 000.00 $ 0 $ 225,000.00 $ 500,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $1 $ $ Signature of Preparers htpual Td Date:) UIZ 345 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Final Pay to Masteller & Moler, Inc. for CCNA2018 Work Order No. 7 Amendment No. 2, 8th Street 24" Force Main Relocation. Descriptions and Conditions: On July 6th 2021, the Board of County Commissioners (BCC) approved Amendment 2 to Work Order No. 7 to Masteller & Moler, Inc. (M&M), for $19,780.00, to perform utility relocation design for the existing 8" water main that would be affected by the FDOT 8th Street (CR612) Bridge at 74th Avenue project. The water main relocation design has since been completed. Analysis: M&M has submitted Invoice No. 1943LHJ-4, which is the final payment for services related to Work Order No. 7 Amendment No. 2. The Indian River County Department of Utility Services (IRCDUS) has recommended approval of the payment. Funding: Funds, in the amount of $1,974.00, are budgeted and available in the Utilities/8th Street Utility Relocations account, number 471-169000-20502, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Uti I ities/F Street Utility Relocations 471-169000-20502 $1,974.00 Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $1,974.00, which represents final payment of Work Order No. 7 Amendment No. 2 to Masteller & Moler, Inc. Attachment: 1. Invoice No. 1943LHJ-4 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\Masteller & Moler Final Pay 8th t xG Bridge 4V OT Masteller & Moler, Inc. Invoice # 1943LHJ-4 1655 271" Street, Suite 2 Vero Beach, FL 32960 1IG, (772) 567-5300 Proj Name: 437717 - 8th Street 24" Force Main Relocation CCNA2018 Work Order #7 Amend 92 Proj Code: 1943LH-LJ Date: June 30, 2022 IRC Department of Utility Services 1801 27th Street Vero Beach FL 32960 Professional Engineering Services For the Billing Period from June 01, 2022 to June 30, 2022 Description of Work Performed Fee Last Month % This Month % Month % Total This Month Billing Balance Remaining Task A - Supplemental Survey Services $1,500.00 1.00 0.00 1.00 $0.00 $0.00 Task B - Design & Revision of Constr. Plans $11,700.001 1.00 1 0.00 1.00 $0.00 $0.00 Task C - Permitting $6,580.001 0.70 1 0.30 1.00 $1,974.00 $0.00 $19,780.001 $1,974.00 $0.00 TOTAL LUMP SUM FEE Invoice History 07/31/2021 Invoice Number 1943LHJ-1 $1,500.00 08/31/2021 Invoice Number 1943LHJ-2 $15,648.00 05/31/2022 Invoice Number 1943LHJ-3 $658.00 Total Previous Invoices: Lump Sum Balance Remaining after Payment of this Invoice TOTAL AMOUNT DUE THIS INVOICE P.O. #: lit ACCT. ACCT. #:-- DIVISION SUPERVISOR: UTIL. FINANCE: DEPT. HEAD: $19,780.00 $17,805.00 $0.00 $1,974.00 347 1 AI Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Change Order to TLC Diversified, Inc., for the South County Reverse Osmosis Water Treatment Plant Membrane and Retrofit Project Background/Analysis: On June 15th, 2021, the Board of County Commissioners (BCC) awarded the bid to TLC Diversified (TLC) for the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Membrane and Retrofit Project. During the construction phase of this project, staff was made aware of deficiencies related to components of the treatment plant that were not originally part of the project. The components that are deficient are the switchgear and the raw water blend system. The County's Engineer of Record on the project, Kimley- Horn and Associates (KHA), recommended replacement of the deficient components to ensure they are updated along with the rest of the upgrades to the plant. The SCRO WTP receives utility power from Florida Power and Light (FPL) for operation. Incoming power enters through an existing 2,000 -Amp switchgear that is used to control, protect, and isolate electrical equipment. The motorized breakers in the switchgear have exhibited failures, and replacement is recommended by the County's Engineer of Record for the project. The SCRO WTP utilizes raw water blend to stabilize their finished water quality. The piping has had leaks before forcing Indian River County to weld "patches" in the piping to maintain operations. The blend filter recently failed forcing operations to bypass the vessel altogether. These components are past their useful life, and replacement has also been recommended by the County's Engineer of Record for the project. Funding: Funds in the amount of $483,463.83 for this project are derived from the Utilities/South WTP Membrane/South R/O Membranes & Retrofit account, number 471-169000-19503, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Additionally, $6,000,000 in American Rescue Plan (ARP) funding will be utilized to fund a portion of the overall project. Those funds will be added as a reimbursement to the Utilities fund. Description I Account Number Amount Utilities/South WTP Membrane/South R/O Membranes & Retrofit 1 471-169000-19503 $483,563.83 Page 1 of 2 F:\Uti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 348 Recommendation: Staff recommends that the Board of County Commissioners approve the change order in the amount of $483,563.83, leaving a revised total agreement with TLC Diversified, Inc., in the amount of $11,149,079.48, and authorize the Chairman to execute the change order on their behalf. Attachment: 1. Change Order 1— Switchgear and Raw Water Blend Assembly. Page 2 of 2 F:\Uti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 349 KidepMorn July 20, 2022 Harrison Youngblood Indian River County Department of Utility Services 4350 41"' Street Vero Beach, FL 32960 RE: Indian River County Department of Utility Services South Oslo Road Water Treatment Plant Change Order 1— Switchgear and Raw Water Blend Assembly Replacement Harrison, The intent of this letter is to outline our recommendation to Indian River County Department of Utility Services (IRCDUS) to utilize a change order for the Water Treatment Plant (WTP) Improvements project with TLC Diversified. Inc. to replace antiquated switchgear assembly and the existing raw water blend filter vessel and piping assembly at the South Oslo Road Water Treatment Plant. 1. Switchgear: The WTP receives utility power from Florida Power and Light (FPL) for operation. Incoming power enters through the existing 2,000 -Amp switchgear that is used to control, protect, and isolate electrical equipment. The switchgear can receive utility power from FPL or backup power from the 1,250kW generator via Automatic Transfer Switch (ATS), and transmit electricity to each of the respective Motor Control Centers (MCCs) that are necessary to run treatment and pumping equipment. The switchgear is a critical element of the WTP and needs to be replaced. Our team, including our electrical engineer subconsultant C&W Engineering, were aware of the upcoming need to replace the switchgear during the investigative work performed as part the ATS replacement, which began about two (2) years ago. Based on the findings, it was recommended to budget replacement. Since time has passed, the motorized breakers in the switchgear have exhibited failures and replacement is now urgent. 2. Raw water blend: The WTP utilizes raw water blend to stabilize their finished water quality. Historically, the piping has had leaks forcing Indian River County to utilize a welder to "patch" the piping to maintain operations. Most recently, the blend filter vessel failed, forcing operations to bypass the vessel altogether. These components are past their useful life and replacement is recommended. TLC Diversified, Inc., the prime contractor for the WTP Improvements project, provided a proposal to replace this equipment in the amount of $483,563.83. This includes a 15% markup on self -performed work and 5% markup subcontracted work in accordance with the project contractual documents. It is our professional opinion that this cost is fair and commensurate with the market and recommend this work be added to the WTP Improvements project as a change order to TLC. I trust this information useful. Should you need additional information or have any questions regarding this project, please do not hesitate to contact me at 561-421-1979. Sincerely, 561 845 0665 Kimley>>> Horn Nick Black, P.E. PE# 84908 Cc: Mark Miller (KHA), Mike Vernon (IRCU), Rich Meckes (IRCU), Bert King (KHA) Attachments: Proposal from TLC Page 2 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 8450665 CHANGE ORDER PROJECT: No. 1 DATE OF ISSUANCE: July 20, 2022 EFFECTIVE DATE: OWNER: Indian River County OWNER's Contract No.: 2021026 Project No.: 044572102 CONTRACTOR: TLC Diversified, Inc ENGINEER: Kimley-Horn & Associates, Inc. You are directed to make the following changes in the Contract Documents: Description: This change order instructs the Contractor to furnish/install the following for the lump sum of $483,563.83: 1. Replacement switchboard and replacement raw water blend assembly Reason for change order: Necessity to maintain plant operation. FAri,IPLE OF Ex 1sTrnle ERJiPMFi Attachments: Quotations, Cover Letter CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times: $ 10,665,515.65 Substantial Completion: 760 Ready for final payment: 820 Net changes from previous Change Orders Net change from previous Change Orders: No. _ to No. No. to No. Contract Price prior to this Change Order Contract Time prior to this Change Order $ 10,665,515.65 Substantial Completion: 760 Ready for final payment: 820 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 483,563.83 0 days Contract Price with all approved Change Contract Time with all approved Change Orders Orders $ 11,149,079.48 Substantial Completion: 760 Ready for final payment: 820 Days or a es RECOM ND By: �►' ��lmep"(AutCz�S �xDDg P%tZy-4-C� Date: ?-70--20z2 APPROVED: By: Owner (Authorized Signature) Date: ACCEPT . By: z.��_ Contractor (Authorized Si ture) Date: 07/21/2022 EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-24 352 Kimley-Horn 19 -July -2022 1920 Wekiva Way, Suite 200 West Palm Beach, FI 33411 Attn: Mr. Nick Black, P.E. Nick. Black(cbKimley-Hom.com Reference: Change Request for Cartridge Filter with Piping & Flowmeter, 2000 AMP Switchboard. Dear Mr. Black, Please find a quotation for the changes requested in your email of 08 -March -2022. Labor = $ 8,175.00 Material = $121,454.74 Subcontract = $293,922.00 Equipment = $ 2,700.00 Labor Burden = $ 2,861.25 Tax = S 8,690.83 OH & P subs 5% _ $ 14,696.10 OH & P @ Self Perform 15% _ $ 21,582.27 Subtotal = $474,082.19 Bond = $ 9 Total ADD = $483,563.83 With the current supply chain delays that have been discussed in the project meetings it is difficult to quantify the additional time required to quote this change. TLC is therefore reserving our rights to additional time for the project that will be determined at a later date. Please provide your acceptance of this additional work and issue a change order so that TLC can release the required items for production. Sincerely Yours, L249 per. John P. Elder Project Manager PALMETTO WEST PALM BEACH TAMPA Corporate Office 7233 Southern Blvd 12814 Dupont Circle 2719 17th St. East Suite B-1 Building B, Suite 4-A Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33626 1- 941.722.0621 r9 941.722 CG C041816 C 053963 Date: June 14, 2022 To: Thru: From: Subject: Background INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / HUMAN SERVICES The Honorable Board of County Commissioners Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Leigh Anne Uribe, Human Services Director Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2022/23 On March 22, 2021, the Children's Services Advisory Committee (CSAC) issued a Request for Proposal (RFP) for Children's Services to support and promote the health of children in Indian River County. In response to the RFP, the committee received 46 applications and $3,284,944 in requested funding. Two applications were later withdrawn, however, bringing the total requested funding to $2,967,632. This amount was $526,426 over the budget allocation for children's programs, which is $2,441,206 for FY 2022/23. On June 9-11, 2022, the CSAC Grant Review subcommittee convened to evaluate each proposal and determine the funding award amounts. Evaluation criteria included: priority of an identified need(s), program viability, measurable outcomes, and organizational capacity and financial health. Forty-four proposals were evaluated of which 43 were selected to receive funding. Forty-two proposals were ultimately recommended for funding after a third application was withdrawn following the conclusion of the grant review process. On August 8, 2022, the CSAC (main committee) approved the proposed funding allocations for 42 children's programs as recommended by the Grant Review subcommittee. The total Children's Services budget for FY 2022/23 is $2,443,606, which includes the funding recommendations for children's programs plus the annual cost for grant management software. Funding On February 15, 2022, the Board of County Commissioners approved FY 2022/23 funding for Children's Services at the full 0.1250 millage cap of $2,443,606. Recommendation Staff respectfully requests that the Board of County Commissioners approve the CSAC's funding recommendations for children's programs for FY 2022/23. 354 Attachments CSAC Recommended Program Funding FY 2022/23 Memo Children's Services Funding Allocation for Fiscal Year 2022/23 AGENDA ITEM FOR AUGUST 16, 2022 355 �O M 0 0 0 4 0 1c 0 0 0 0 o N o 0 O o 0 0 0 0 0 0 0 O o 0 0 o m o 0 0 0 0 0 0 0 0 0 00- 000 om0000 ominOo01no01g0000000mo 0000000lno oo� o 0 000 M O ul O 1n 0 0' 1••i .•I 10 0 0 0 tD v1 O V O O O O O O O O u1 V1 O Vlo V o ri V1 o N o N m N c N n o 10 0 1 0 o m o o u o o 10 o o 1A l!1 O O o 0 0 N O 00 N C m N rn m M m N 10 eM-1 N N 10 M 10 M N M VM V m M N N VM N N n 1n N m m N- N M N E O � O o o o m 0 0 o m o m O 10/1 O OM0 c O OW e 000 V ri o N O w O O N ti N Q L O m v v m rn m r ay p p � w Y O M 8 Iml1 n g o 1011 8 N S 8 O 8 10/1 8 O O T N � m N M 1101 N N0 M N M N f+m M N M O O Q O d N a .3 p w U m `o_ L E cL., 00 00o 0oo0 o0 0 oo 00 oo.•+ w w a oc N0o ln000 oN o 0o N o 0o 1•+ K No nNo l0000 on o 0o vo ooln .� �' d t �,A E 1V r o o ry tri ri ai N o o ui o o vi ' vi tri o m oo n « u n` a .-, v 1•i .-1 10 m m .-� m N N �I N M 1n ^ m .o >= m 0 a` w cf O o o Ory N O 0 o O O O O O O O m N o O N O o o N O O h O 1n O I� N O O N l0 oo m o O oo 10 O O t0 � N a -I N N n 1n Nm m + O O M N O O O ry O O O V N N �'] 0 0 ZR m O ti' b 0 H 0 0 0 0 0 0 0 N" O O O O '7 O 1D 0 0 0 0 O N O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 1•y 000vom0o00 01w1000owo0N0oo00000M0 000000a :z0 00.-1 y000movlolnoo .-1 .�l0000loNov00000000mo ooN000000 ooln m N, O 1!1O h o - tri O N l0 H M N o N h 0 l0 W O g0 0 1n O o 10 o O L ui o 0 0 0 -? 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This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee (CSAC). The County has historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. On March 14, 2017, the Board approved a three-year phase-in of funding to reach the 0.1250 millage cap authorized for the program in FY 2019/20. Based upon the prior fiscal year's taxroll, the 0.1250 millage cap for FY 2022/23 is $2,443,606 which is $121,532 or 5.2% higher than last fiscal year. Recommendation Staff recommends that the Board of County Commissioners approve FY 2022/23 funding for Children's Services at the full 0.1250 millage cap of $2,443,606. Attachment Children's Services Funding History 357 E INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Sandridge Golf Date: July 19, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: First Amendment for Sandridge Golf Club Maintenance BACKGROUND: International Golf Maintenance (IGM) has been providing course maintenance services at Sandridge Golf Club since 1996. The current contract with IGM was approved by the Board on July 7, 2020, and began on October 1, 2020. It has a term of 5 years with two five-year renewals available dependent upon vendor performance. IGM has been outstanding in their efforts to create better golf course conditions year after year through their maintenance practices and has been an integral part of the success of Sandridge Golf Club. Over the past two years, the golf course has encountered a substantial increase in rounds played and over the past twelve months, labor, equipment and general supplies have increased substantially. Due to the increase of fertilizer, equipment and fuel costs, IGM submitted a request for a discretionary price adjustment due to these unforeseen costs. The current contract allows for a fixed average annual increase of approximately 3% over the first 5 -year term of the Agreement. IGM noted that other public sector clients have agreed to discretionary increases as high as 15%. Following a meeting with IGM management, Staff has negotiated with IGM a 9.5% increase for fiscal year 2022/2023 only. Any increases beyond the coming fiscal year will be based upon a formula tied to the Consumer Price Index as contemplated under the optional renewal periods under the Agreement. Course conditions remain a significant factor the golfer considers when they choose a course to play. In order to provide the patrons of Sandridge Golf Club the same service and conditions of the golf course, Staff recommends the approval of the price increase through the attached First Amendment to Agreement for Sandridge Golf Club. FUNDING: The current annual contract cost for fiscal year 2021/2022 is $1,221,307. The proposed increase of 9.5% will increase the cost of maintenance by $116,024 annually, or $9,668.68 per month, to $1,337,331 for fiscal year 2022/2023. These funds are budgeted and available in the Sandridge/Golf Maintenance/Other Contractual Services account, number 41822172-033490. Description I Account Number Amount Sandridge/Golf Maintenance/Other Contractual Services 41822172-033490 1 $1,337,331 C:\Granicus\Legistar5\L5\Temp\98828541-099-4539-b269-8e14a185898f.doc 358 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the First Amendment to International Golf Maintenance (IGM) agreement and authorize Chairman to sign. ATTACHEMENTS: 1. IGM Agreement For Sandridge Golf Club Maintenance (effective Oct. 1, 2020) 2. IGM's Request For Maintenance Fee Increase (Letter dated 04/15/2022) 3. First Amendment to Agreement for Sandridge Golf Club Maintenance APPROVED AGENDA ITEM FOR AUGUST 16, 2022 C:\Granicus\Legistar5\L5\Temp\98828541 -099-4539-b269-8el4al 85898f doc 359 Agreement for Sandridge Golf Club Maintenance Agreement THIS MAINTENANCE AGREEMENT ("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 International Golf Maintenance. 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 Document, generally described as agronomic, horticultural and recurring services ("Services") for Sandridge Golf Club ("Club"), located at 5300 73rd Street, Vero Beach, Florida. Services will be provided as detailed in Request for Proposals (RFP) 2020034 and Contractor's response to the RFP. ARTICLE 2 -TERM This Agreement shall be effective for a period of five years from the Effective Date (October 1, 2020), unless earlier terminated as provided herein. OWNER shall have the option to renew this agreement for two additional five year terms, based on Contractor concurrence and determination that renewal is in the best interest of the OWNER. ARTICLE 3 - PAYMENT Owner shall make monthly payments, equal to one twelfth of the annual total price, on the last Friday of each month. Year 1 total contract price $ 1,188,722.50 Year 2 total contract price $ 1,221,307.23 Year 3 total contract price $ 1,262,452.30 Year 4 total contract price $ 1,297,108.82 Year 5 total contract price $ 1,336,477.91 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.). Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the RFP, or the Public Construction Bond. ARTICLE 4 - CONTRACT PRICE ADJUSTMENT The Contractor may request an annual rate adjustment in writing to the County no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the Board of County Commissioners. If approved, the rate adjustment would become effective October 1 of that year. No adjustment will be considered prior to 2025. The rate of adjustment shall be based on 75 -percent of the change in the Consumer Price Index (CPI) between the month of April in the prior year (CPI1) and the month of April in the current year (CP12). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0). The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. 360 Agreement for Sandridge Golf Club Maintenance FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CP12 - CP11) / CP11) * 0.75)); New Rate = Round ((Current Rate +AA*Current Rate), 2) When there is a CPI decrease, the County may request a commensurate decrease in the same manner. ARTICLE S - INDEMNIFICATION CONTRACTORshall indemnifyand hold harmlessthe 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 6— INSURANCE CONTRACTOR shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the OWNER. CONTRACTOR's insurance shall be primary. OWNER shall be named as an additional insured for both General Liability and Automobile Liability. CONTRACTOR shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability —Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The policy shall cover the CONTRACTOR, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by CONTRACTOR. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the OWNER's Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the OWNER's Risk Management Department that they will provide 30 days written notice to OWNER's Department of Risk Management of its intent to cancel or terminate. 361 Agreement for Sandridge Golf Club Maintenance ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal 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 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. E. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS The Contract Documents consist of the following: (1) This Agreement (pages 1 to 7, inclusive); (2) Public Construction Bond (pages 40 to 42, inclusive); (3) Certificate(s) of Liability Insurance (4) Request for Proposals 2020034 (5) Addenda (numbers 1 to 2, inclusive); (6) CONTRACTOR'S Submitted Proposal (pages 1 to 61, inclusive); (7) Drug Free Workplace Form (pages 31 to 31, inclusive) (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 27 to 28, inclusive); (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (10) Certification Regarding Lobbying (11) 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; 362 Agreement for Sandridge Golf Club Maintenance b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 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 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 This Agreement shall be governed bythe laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of 363 Agreement for Sandridge Golf Club Maintenance 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 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10 -TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (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 County's Representative pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. 5 364 Agreement for Sandridge Golf Club Maintenance C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. The OWNER shall pay CONTRACTOR for all work satisfactorily completed prior to the effective date of termination. F. 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. G. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companieswith 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. A 365 Agreement for Sandridge Golf Club Maintenance 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 was approved on July 7, 2020 , with an effective date of October 1, 2020. OWNER: V APPROVED AS TO FORM A LEGAL SUFFICIENCY: B - Dylan Reingold, County Attorney Jeffrey R. S ' h, Clerk of Court and Comptroller Attest: ma Deputy Clerk (SEAL) Designated Representative: Name: Bela Nagy Title: Director of Golf Address: 5300 73rd Street, Vero Beach, FL Phone: 772-770-5003 Email: bnagy@ircgov.com 7 CONTRACTOR: \km�m� W� LfAy, By: G- (Contractor) (CORPORATE SEAL) Attest _LL Address foriving notices• 11 a4e, 0 - License No. (Where applicable) Agent for service of process: Designated Representative: Name:1L.• 6V -Q, L CS C—* Title: CSD Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 366 7/9/2020 Detail by Entity Name DIvisION OF CORPORATIONS ��. J1Yl7lUt�l J� 1111 wljt(i i 'Ally fit f1frruGl ,I; 1n11r Department of State / Division of Corporations / Search Records / Search by -Entity -Name / Detail by Entity Name Foreign Profit Corporation INTERNATIONAL GOLF MAINTENANCE, INC Filing Information Document Number F98000000631 FEI/EIN Number 59-3489578 Date Filed 02/03/1998 State DE Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 02/13/1998 Event Effective Date NONE Principal Address 5385 GATEWAY BLVD SUITE 12 LAKELAND, FL 33811 Changed: 04/18/2016 Mailing Address 5385 GATEWAY BLVD SUITE 12 LAKELAND, FL 33811 Changed: 04/18/2016 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Officer/Director Detail Name & Address Title CFO BURK, K ERIC 5385 GATEWAY BLVD SUITE 12 LAKELAND, FL 33811 1 367 1 search.sunbiz.org/I nq uiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder-I NTERNATIONA... 1/3 International Golf Maintenance, Inc. 5385 Gateway Boulevard, Suite 12 • Lakeland, Florida 33811 M IG -1— > (800) 413-5500 • (407) 589-7200 • Fax: (407) 589-7216 www.golfmaintenance.com April 15, 2022 Bela Nagy Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, Florida 32967 Dear Bela: International Golf Maintenance, Inc. (IGM) is proud to be an integral part of the success of Sandridge Golf Club. Over the last eighteen months, we have witnessed remarkable growth in golf participation, but we have also encountered substantial increases in golf course maintenance costs. Labor, equipment and general supply price increases have outpaced our contract increase of 1% per year, and fertilizer, equipment and fuel costs have increased dramatically. These cost increases could not have been anticipated when we provided our proposal in 2020. We have attached new cost forms showing the original contract amounts and the FY 2023 adjusted amounts based on the rising costs and increased fertility requirements due to the higher number of golf rounds. We understand our Agreement does not allow for a Price Adjustment prior to 2025, but these increases are unprecedented. We would like to formally request a price adjustment due to these unforeseen circumstances. Course conditions remain a significant factor golfers consider when they choose a course to play, so we would like to address the uncontrollable cost increases in order to provide the same service and conditioning the Sandridge players have come to expect. Please let us know if this is possible within the confines of our Agreement. Best Regards, r Steve Gano Vice President of Operations O FIRST AMENDMENT TO AGREEMENT FOR SANDRIDGE GOLF CLUB MAINTENANCE THIS FIRST AMENDMENT TO AGREEMENT FOR SANDRIDGE GOLF CLUB MAINTENANCE ("Amendment") is entered into as of the _ day of , 2022 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("OWNER"), and International Golf Maintenance, Inc., a Delaware corporation, whose address is 5385 Gateway Boulevard, Suite 12, Lakeland, FL, 33811 ("CONTRACTOR"). RECITALS WHEREAS, OWNER and CONTRACTOR entered into the Agreement for Sandridge Golf Club Maintenance, effective October 1, 2020, (the "Agreement"); and WHEREAS, the Agreement states that there are no price adjustments prior to 2025; and WHEREAS, due to the current levels of inflation OWNER and CONTRACTOR are agreeable to allowing for a one time increase in price and moving up the contract price adjustment time limitation; and WHEREAS, OWNER and CONTRACTOR are agreeable to updating the Agreement to reflect the State of Florida E -Verify requirements; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Article 3 (Payment). The chart set forth in Article 3 (Payment) of the Agreement is amended to read as follows: Year 1 total contract price $ 1,188,722.50 Year 2 total contract price $ 1,221,307.23 Year 3 total contract price $ 1,337,331.42 3. Amendment of Article 4 (Contract Price Adjustment). The last sentence of first paragraph of Article 4 shall be amended to read as follows: No adjustment will be considered prior to 2023. 4. Amendment of Article 9 (Miscellaneous). A new 9.07 is added to Article 9 (Miscellaneous) of the Agreement as follows: Page I of 2 369 9.07. E -Verify 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 utilized in the provision of service to OWNER. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Amendment in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. This Amendment was approved on August 16, 2022 with an effective date of OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, 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 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Page 2 of 2 370 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM WAssistant County Administrator tV� Department of General Services Library Services Division Date: July 20, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Elizabeth L. Stenger, Director of Library Services tsuu Meeting Ub-lb-LUL1 Subiect: Indian River Countv Library Svstem Long Range Plan 2023-2027 BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have a Commission approved Long Range Plan on file with the State. The submitted Plan will run from 2023-2027. DESCRIPTIONS AND CONDITIONS: The Long Range Plan for the Libraries provides guidance and a vision for the future. In the Spring of 2022, a Library Survey was conducted to discover how our Indian River County Library System is doing and what we could be doing better. The Plan outlines four goals and the corresponding objectives and activities identified to support those goals. The four goals are: maintaining and enhancing library collections and online resources; establishing the library as a center of lifelong learning and personal enrichment in the community; developing and maintaining a knowledgeable, positive, customer service- oriented staff, and providing safe and welcoming spaces to meet, interact, read, and study. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve Indian River County Library System Long Range Plan of Service 2023-2027. ATTACHMENT: Indian River County Library System Long Range Plan of Service 2023-2027 AGENDA ITEM FOR AUGUST 16, 2022 371 c NNI �'j►11 � * �L ORIS Q' Indian River County Library System 372 TABLE OF CONTENTS INTRODUCTION................................................................................................................................................ 2 MISSIONSTATEMENT.................................................................................................................................................2 PURPOSE..................................................................................................................................................................... 2 SERVICEPRINCIPLE.................................................................................................................................................... 2 STANDARDS................................................................................................................................................................ 2 LIBRARYBRANCHES.......................................................................................................................................3 INDIAN RIVER COUNTY MAIN LIBRARY.....................................................................................................................3 NORTH INDIAN RIVER COUNTY LIBRARY...................................................................................................................4 BRACKETTLIBRARY AT IRSC....................................................................................................................................5 INDIAN RIVER COUNTY LAW LIBRARY......................................................................................................................6 GIFFORDLIBRARY......................................................................................................................................................6 MARIANFELL LIBRARY.............................................................................................................................................6 VENDINGLIBRARY AT THE IG CENTER......................................................................................................................7 GOALS, OBJECTIVES, AND ACTIVITIES....................................................................................................................8 LIBRARYSURVEY.................................................................................................................................................. 11 1 373 INTRODUCTION MISSION STATEMENT The mission of the Indian River County Library System is to provide the means by which people of all ages, interests, and circumstances may avail themselves of the recorded wisdom, experiences, and ideas of others. In support of this mission, library materials are assembled, organized, and made accessible to all. Opportunities for personal, educational, cultural, and recreational enrichment are offered. Collections of library materials, services, and programs are planned and developed to respond to individual and community needs. A trained and skilled staff and the latest technologies are employed to facilitate and enhance the use of resources of the library system. By committing themselves to excellence in all facets of the library system's services and operations, the library administration and staff reaffirm the democratic ideals upon which the American public library was founded. PURPOSE Public libraries, through their services and facilities, contribute to the quality of life in the communities they serve. A public library system committed to excellence will assist in enhancing the quality of life for all of the residents of Indian River County. SERVICE PRINCIPLE The users of the Indian River County Library System deserve the highest quality service possible to fulfill their educational, informational, cultural, and recreational needs. High quality library service is dependent upon the following factors: well -selected and well-maintained collections of library materials in adequate numbers to respond to user needs, the availability of qualified and enthusiastic personnel, convenient hours of service, inviting physical facilities accessible to all segments of the county, implementation of the latest technology, and the financial resources to meet library needs of the county residents. The Indian River County Library System subscribes to the principles and statements included in the Library Bill of Rights and its interpretations and the Freedom to Read Statement, in the latest versions, as adopted by the American Library Association. STANDARDS The Indian River County Library System recognizes the importance of standards appropriate to public library service. Standards are developed by the American Library Association, the Florida Library Association, the State Library of Florida, and other similar organizations responsible for the development of standards. Unless otherwise excluded, such standards are used as guidelines for the library system. z 374 LIBRARY BRANCHES INDIAN RIVER COUNTY MAIN LIBRARY The two story 49,286 square foot Indian River County Main Library located in downtown Vero Beach serves as a reference center, independent learning center, popular materials library, preschooler's door to learning, formal education support center, and community information center. The Main Library is open seven days a week, barring holidays, with a total of 51 service hours in a typical week. The Main Library has a lending collection of approximately 208,000 items and a non -lending collection of over 31,500 items. The collection includes materials in print, audio, video, microfilm, microfiche, and digital formats. Equipment available for public use includes: public computers, scanners, printers, copiers, microfilm/microfiche reader, low vision desktop magnifiers, 3D printer, STEM (Science, Technology, Engineering, and Mathematics) learning tools, multi -device charging station, and electric typewriters. Wireless internet access and mobile printing are also available. Patrons can also check-out Book Club in a Bag kits, Storytime in a Bag kits, Playaway Launchpads, and Vero Beach Museum of Art Passes. In addition, the library participates in interlibrary loan services, allowing patrons access to millions of books from all across Florida and the nation. The Main Library has six study rooms, one group study room, one conference room, one meeting room with a thirty -seat capacity, and a two hundred seat capacity multimedia meeting room. Each of the six study rooms contain a public computer. The group study room, the conference room, and the thirty seat capacity meeting room each have mounted large screen televisions with sound bars for presentations using the in-house computer or a provided ClickShare device for laptops. Finally, the multimedia room provides users access to state-of-the-art presentation equipment. Library programming is varied and on-going for adults, young adults, and children; with special event programming throughout the year. The Main Library also serves as an early voting site. The Julian W. Lowenstein Archive Center & Genealogy Department on the second floor is a repository for many local collections. Staff and volunteers in the department work to preserve photographs and documents related to Indian River County's history, as well as assist patrons in their genealogy, local history, and Florida history research. The main office for Literacy Services of Indian River County is located in the lobby of the Main Library. Also located in the lobby, The Friends of the Indian River County Library Gift Shop sells affordable gifts for all occasions, the proceeds of which are donated to the benefit of the library. The Vero Beach Art Club exhibits local artists' works throughout the year within the library. 3 375 The Indian River County Main Library shares a portion of its second floor with the Indian River County Law Library. NORTH INDIAN RIVER COUNTY LIBRARY The single story 25,445 square foot North Indian River County Library located in Sebastian serves as a popular materials library, independent learning center, and preschooler's door to learning. The North IRC Library is open six days a week, barring holidays, with a total of 50 service hours in a typical week. The North IRC Library has a lending collection of approximately 102,000 items and a non -lending collection of over 600 items. The collection includes materials in print, audio, video, and digital formats. Equipment available for public use includes: public computers, scanners, printers, copiers, fax machine, low vision desktop magnifier, 31) printer, multi -device charging station, and an opaque overhead projector. Wireless internet access and mobile printing are also available. Patrons can also check-out Book Club in a Bag kits, Storytime in a Bag kits, Playaway Launchpads, and Vero Beach Museum of Art Passes. In addition, the library participates in interlibrary loan services, allowing patrons access to millions of books from all across Florida and the nation. The North IRC Library has three study rooms, one conference room, and a two hundred seat capacity meeting room. Two additional study rooms and a large children's programming room are planned as part of the upcoming North IRC Library expansion project. The conference room has a mounted large screen television with sound bar for presentations using the in-house computer or a provided C1ickShare device for laptops. Finally, the large meeting room provides users access to state-of-the-art presentation equipment. The Makerspace at the North IRC Library provides access to tools and materials patrons may not have at home so that they can explore different science, technology, engineering, art, and mathematics concepts. Some examples of equipment found in the Makerspace include a Cricut, laser engraver, 3D printer, sewing machine, laminator, microscopes, button maker, keyboard, and audio and video recording equipment. Library programming is varied and on-going for adults, young adults, and children; with special event programming throughout the year. Exhibits from local artists and craftsmen are displayed throughout the year in an enclosed glass display inside the library. The Sebastian River Art Club also exhibits local artists' works throughout the year. The North IRC Library also serves as a polling location. 4 376 BRACKETT LIBRARY AT IRSC The two story 30,000 square foot Brackett Library located on the Mueller Campus of Indian River State College in Vero Beach is a full-service public library branch of the Indian River County Library System and a joint -use library with Indian River State College. The Brackett Library is open five days a week, barring holidays, with a total of 40 service hours in a typical week. The Brackett Library has a lending collection of approximately 78,500 items and a non -lending collection of over 1,800 items. The collection includes materials in print, audio, and video formats. Equipment available for public use includes: public computers, scanners, printers, copiers, low vision desktop magnifier, STEM (Science, Technology, Engineering, and Mathematics) learning tools, and a multi -device charging station. Wireless internet access and mobile printing are also available. Patrons can also check-out Book Club in a Bag kits, Storytime in a Bag kits, Playaway Launchpads, and Vero Beach Museum of Art Passes. In addition, the library participates in interlibrary loan services, allowing patrons access to millions of books from all across Florida and the nation. The Brackett Library has four study rooms, two group study rooms, a twenty -five -seat capacity conference room, and a seventy -five -seat capacity meeting room. The conference room has a mounted large screen television with sound bar for presentations using the in-house computer or a provided C1ickShare device for laptops. The large meeting room has a SMART Board and other state-of-the-art presentation technology. In addition, the Link Library Lab on the second floor is a computer instruction lab, with a SMART Board and presentation equipment, available for both IRSC classes and public library programming. The Old Vero Ice Age Site Committee Artifact and Bone exhibit located on the second floor of the Brackett Library consists of collections acquired from local collectors containing examples of ice age animals that roamed our area. Also located in the Brackett Library is a display case containing original items from the Laura (Riding) Jackson Foundation. The Laura (Riding) Jackson Historic Home is located next to the Brackett Library, with programming partnerships commonly occurring between the two organizations. Library programming is varied and on-going for adults, young adults, and children; with special event programming throughout the year. 5 377 INDIAN RIVER COUNTY LAW LIBRARY �i The Indian River County Law Library is located on the second floor of the Indian River County Main Library in downtown Vero Beach. The primary role of the Law Library is as a reference center for legal professionals and the general public. In addition to the law books and print resources in the Law Library collection, the Legal Study Center's dedicated computer provides access to the WestLaw Online Legal Research database. The study carrel and copier allow for reading of and copying from this non -circulating reference collection. Additional reference resources from the Law Library include: Gale Legal Forms database, annual audio CD editions of the Survey of Florida Law course from the Florida Bar's Continuing Legal Education series, and pre-printed packets of the most commonly used legal forms. GIFFORD LIBRARY The 1,513 square foot Gifford Library is located within the Gifford Youth Achievement Center in Vero Beach. The library provides print materials, internet access, and children's programs to the students and community members in the area of the GYAC. The Gifford Library has a collection of approximately 8,000 items. Equipment available for public use includes: public computers, scanner, and printer. In addition to books, patrons can check-out hold items received from other County libraries, Playaway Launchpads, and Vero Beach Museum of Art Passes. The Gifford Youth Achievement Center is a 38,000 square foot facility that, in addition to a County operated library, is equipped with classrooms, computer labs, an indoor gym, and an outdoor patio. The Center provides varied and numerous programs for all ages in the Gifford Community. The facility is located next to the Gifford Aquatic Center in the Victor Hart Sr. Community Enhancement Complex. MARIAN FELL LIBRARY The 940 square foot Marian Fell Library located in Fellsmere provides books, internet access, and children's programs to the Fellsmere community. The Marian Fell Library has a collection of approximately 2,800 items. Equipment available for public use includes: public computers, scanner, and printer. In addition to books, 6 378 patrons can check-out hold items received from other County libraries and Vero Beach Museum of Art Passes. The Marian Fell Library was built in 1915 and is listed in the National Register of Historic Places. The library is named after Marian Fell, the daughter of Edward Nelson Fell, the founder of Fellsmere. An agreement between Indian River County and the City of Fellsmere brought County library services to the Marian Fell Library beginning January 2019. VENDING LIBRARY AT THE IG CENTER The self-service Vending Library is located within the Indian River County Intergenerational Recreation Center in Vero Beach. This state-of-the-art machine allows for the delivery of library materials to the South County area. Current print and media items are offered for browsing selection and holds pick-up is made convenient for area residents. 379 GOALS, OBJECTIVES, AND ACTIVITIES GOAL #I Maintain and enhance library collections and online resources. OBJECTIVE # 1 Increase patron satisfaction with physical materials and digital collections so that over 90% of library survey respondents would rate the collection as good or excellent. Over 96% of respondents to the most recent Indian River County Library System Survey rated borrowing materials as important or very important, while the collection was rated good or excellent by over 89% of respondents. ACTIVITIES: • Develop collections to provide current, high -demand, and informative items to patrons of all ages. • Expand eBook and downloadable audio collections. • Continuously evaluate existing collections for condition, outdated or inaccurate information, and popularity; and weed or replace as appropriate. • Regularly assess collections in order to identify gaps. • Continue the Friends of the Library's book and DVD lease plans for multiple copies of popular, bestselling and well -reviewed titles. • Purchase additional digital copies of titles as needed to reduce holds ratios in Overdrive. • Monitor trends and look for opportunities to establish and expand a "library of things" collection. • Create themed library displays to promote the circulation of quality titles in a variety of genres and on diverse topics. • Continue offering digital collections of audiobooks, comics, eBooks, movies, music, and television through Hoopla; and assess the value of adding additional library streaming services. • Seek out partnerships to provide experience based nontraditional library borrowing programs, such as our Vero Beach Museum of Art Passes. • Build and maintain comprehensive reference, Florida history, local history, and genealogy collections. • Continue to digitize local archival information and photographs, and explore grant opportunities to expand such digitization projects. • Create an easily accessible online form for materials suggestions and recommendations from patrons. s 380 GOAL #2 Establish the library as a center of lifelong learning and personal enrichment in the community. OBJECTIVE #2 Provide lifelong learning opportunities and educational, cultural, and recreational programs for all ages. ACTIVITIES: • Continue providing Career Online High School for adults. • Provide technology training and access to the internet and online resources. • Add Linkedin Learning online courses to library resources. • Provide weekly story time programs for babies, toddlers, preschoolers, and grade school children. • Provide special event programming throughout the year for children, teens, and adults. • Expand adult instruction curriculum to meet the changing needs of the community. • Offer access to book clubs, writing groups, film experiences, live music, and art. • Evaluate technology trends and explore how the library can best work to bridge the digital divide. • Design and implement outreach services for the community to increase use of library resources and reach underserved populations. • Connect patrons to educational, career, health, legal, and government services. • Create a marketing plan to raise public awareness of the library's resources and services. GOAL #3 Develop and maintain a knowledgeable, positive, customer service-oriented staff. OBJECTIVE #3 Provide professional development opportunities, training, and clear procedure guidelines so that library staff can perform their duties with the highest level of service to the community. Over 95% of respondents to the most recent Indian River County Library System Survey rated our customer service as good or excellent, and one of the most common answers to what is valued most about the library was the staff. ACTIVITIES: Take advantage of opportunities to expand staff expertise through training and resources offered by the Florida Library Association, Tampa Bay Library Consortium, the Florida Department of State Division of Library and Information Services, and others. 381 • Recruit and retain exceptional staff. • Standardize new employee orientation process and training. • Evaluate library policies and procedures and update as needed. • Update and expand disaster and emergency preparedness plan. Provide safe and welcoming spaces to meet, interact, read, and study. OBJECTIVE #4 Have all libraries be considered community gathering spaces by residents, and have our buildings be multiple use destinations for our community that meet the needs of all age groups. ACTIVITIES: • Provide study and meeting room spaces. • Provide comfortable seating and tables for work and study. • Continue to repurpose spaces as our collection needs change. • Evaluate updating and replacing internal and external signage. • Replace and modernize furniture as needed. • Expand hours of operation at the Fellsmere Library. • Complete the expansion of the North IRC Library. • Replace sliding doors at the Main Library and North IRC Library. • Replace exterior fire doors and door frames at the Main Library. • Renovate public bathrooms at the Main Library and North IRC Library. • Add needed capital improvements to the Capital Improvements Element each year. • Plan for creating a request for proposal (RFP) for a new Indian River County Library Master Facilities Plan after the current plan expires in 2025. 10 382 LIBRARY SURVEY The Indian River County Library System conducted a library survey in the Spring of 2022. We provided the survey both online and in paper form at the libraries. The survey was conducted over a two-month period and received 356 responses. Below are the results. Do you have a library card? On average, how often do you visit the library? ■ Yes ■ No 54.18% 31.70% 10.09% 3.46% 0.58% Daily Weekly Monthly Less than Never once a month 11 383 How would you rate each of the following library services? Customer Service 80.57% ■ 14.57% am 4.000 0 0.29% 0.57% Excellent Good Fair Poor N/A 53.03% 36.31% Collection 4.61% 2.31% 3.75% Excellent Good Fair Poor N/A Online Services 51.16% 27.33% 12.50% 7.85% ® 1.16% . Excellent Good Fair Poor N/A Interlibrary Loan 49.55% 22.09% 23.88% 3.88% 0.60% now= 0 Excellent Good Fair Poor N/A 12 384 Programs 41.41% 30.06% 22.09% 5.21% ® 1.23% Excellent Good Fair Poor N/A Computers, Printers, and Copiers 36.64% 33.03% 23.42% Internet Access and Wi-Fi 40.61% 33.64% 22.12% 3.03% 0.61% Excellent Good Fair Poor N/A Facilities 58.48% 31.87% 5.71% 1 0 M Excellent 1.20% Excellent Good Fair Poor N/A Internet Access and Wi-Fi 40.61% 33.64% 22.12% 3.03% 0.61% Excellent Good Fair Poor N/A Facilities 58.48% 13 385 31.87% 1 5.26% 0 1.46% 2.92% Excellent Good Fair Poor N/A 13 385 Hours of Operation 52.60% 35.55% 9.54% 2.02% 0.29% Excellent Good Fair Poor N/A Overall, how would you rate the library? 69.54% 24.71% 4.02%1 M 1.15% 0.57% Excellent Good Fair Poor N/A How important is each of the following library services to you? Borrowing Materials 86.27 9.85% 2.09% 0.60% 1.19% Very Important Somewhat Not important N/A important important 14 386 Reference 34.24% 27.58% 19.70% 10.91% 7.58% s.: gib:. Very Important Somewhat Not important N/A important important Programs 24.00% 23.08% 22.77% 16.62% 13.54% Very Important Somewhat Not important N/A important important Computers, Printers, Copiers 29.97% 19.27% 18.04% 19.27% 13.46% Very Important Somewhat Not important N/A important important Help Using Computers, Printers, Etc. 25.99% 19.27% 16.820 18.04% 19.88% Very Important Somewhat Not important N/A important important 15 387 Study Rooms/Reading Areas 23.10% 22.19% 19.76% 19.45% 15.50% Very Important Somewhat Not important N/A important important Internet Access and Wi-Fi 39.44% Interlibrary Loan 47.68% 22.98% 1 M1� 9.32% 16.77% ■ Very Important Somewhat Not important N/A important Important important N/A Interlibrary Loan 47.68% Online Services 65.15% 019.39% 6.67% 7.88% - 0.91% - Very Important Somewhat Not important N/A important important 16 388 21.67% 11.46% 15.48% ..3.72% Very Important Somewhat Not important N/A important important Online Services 65.15% 019.39% 6.67% 7.88% - 0.91% - Very Important Somewhat Not important N/A important important 16 388 Overall, how important is the library to you and your family? 83.380 1M Very Important important What do you value most about the library? 1.81% 0.30% 1.51% Somewhat Not important N/A important The greatest number of answers to this question were comments related to the books, access, and staff. The top twenty frequency word cloud below was created from these answers. library selection of books librarian friendly staff if books WPM SW staff access new r*= story time ' wdloo ` tom"_ __�_ r'rl How could the library or its services be improved, if at all? The majority of answers to this question related to expansion of services. Patrons want more: more books, more eBooks, more audiobooks, more hours, more services, more classes, and more DVD's. Comments were overall positive, with a number of respondents commenting the library is "doing a great job" or is great as is. 17 389 FM INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM s #k' Assistant County Administrator / pRID�` Department of General Services Library Services Division Date: July 20, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Elizabeth L. Stenger, Director of Library Services Subject: Indian River Countv Library State Aid to Libraries Grant BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have the Grant Agreement, Certification of Hours, and Annual Plan approved by the Governing Board and the Grant Agreement and Certification of Hours signed by the Chair. DESCRIPTIONS AND CONDITIONS: The State Aid to Libraries Grant awarded to Indian River County Libraries was $78,679 for Fiscal Year 2021-22. The Grant requires Indian River County Library System to provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge. The Libraries must provide access to materials and information and services for all residents of the area served; and, to have at least one library, branch library, or member library open 40 hours or more each week. Additionally, the Indian River County Library System must have a Commission Approved Annual Plan of Service on file. The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan for the Library System's Long -Range Plan, and is supported by the Library System's budget. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the Indian River County Library System State Aid Grant Agreement, Certification of Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for FY 2022-23 to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Certification of Hours, Free Library Service and Access to Materials Annual Plan of Service FY 2022-2023 AGENDA ITEM FOR AUGUST 16.2022 390 23 -ST -21 Indian River County Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and hnfomnation Services, hereinafter referred to as the "Division," and the Indian River Countyfor and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2022-23 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises coritained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the 'State Aid to Libraries Grant," the public purpose for which these fiends were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant armount that is calculated and based upon local fiords expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2020 - September 30, 2021. In order to be eligible to receive the grant fimding the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2020 through June 30, 2023. The Grantee shall:- o Have a single administrative head employed full time by the library's governing body, o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served; and o I -lave at least one library, branch library or member library open 40 hours or more each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task : Payment will be a fixed price in the amount of 100% of the grant award for the period October 1, 2020 through June 30, 2023. The Grantee w1ilk Page: l State Aid to Libraries Crant Agreement (Fomi DLIS/SA02) 391 Chapter I E-2.0ll(2)(a), Florida Administrative Code, Effective 02-2022 o Have expended fiords to provide free library service during the period October 1, 2020 - September 30, 2021; o Provide an Expenditure Report and certification ofLocal Operating Expenditures for the period October 1, 2020 - September 30, 2021 only, o Provide documentation showing that at least one library, branch library or member library is open 40 hours or rmre each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule detemmied by the library system) during the length of the agreement; o Provide the Certification of Credentials for the Single Adninistrative Head; and c Provide a Certification of Hours, Free Library Service and Access to Materials. c) Chant furls shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Nor -Fixed Capital Outlay (outlays for the aaquiisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2. Length of Agreement. This Agreement covers the period of October 1, 2020 to June 30, 2023, unless terminated in accordance with the provisions of Section 28 of this Agreen-ort. This period begins with the start of the Grantee's second preceding fiscal year (October 1, 2020) arra concludes with the end of the State of Florida's current fiscal year (June 30, 2023). 3. Expenditure of Grant Funds. Grant fiords will be used to reimburse a portion of local fiords expended by the Grantee during their second preceding fiscal year (October 1, 2020 — September 30, 202 1) for the operation and maintenance of a library and shall not exceed the amount specified in Attachmenrt B. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each partys contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other comnlnicationns regarding this agreement shall be directed to or delivered to the other party's contract rnanager by utilizing the inforination below. Any change in the contact infornnation below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: MarianDeeney, Library Program Admi nistrator Florida Department of State RA. Gray Building Manz Station # 9D 500 South Bromugh Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email: nuriandeeney@dos.nVflorida.com For the Grantee: ffiabeth Stenger Indian River County Library Page: 2 State Aid to Libraries Grant Agreement (FonnDLIS/SA02) 392 Chapter lB-2.011(2)(a), Florida Administrative Code, Effective 02-2022 1600 21 st Street Vero Beach Florida 32960 Phone: 7724006304 Email: estenger@ircgov.com 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2022-23 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minnnunperformarnce as set forth by the terms and conditions of this Agreement. Payment will bea fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic fiords transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT mast submit a Vendor Direct Deposit Authorization form (form nuritcr DFS -AI -26F, rev 6/2014), incorporated by reference,to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit aTAridacfo.comtDivision/AA/FonTr,/DFS-Al-26Epd£ The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from arty entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) mast have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit 11vendor.nX&ridacf6.com A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences. The Departnierrt shall apply the following financial consequences for failure to performthe minunun level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the retum of the award in a prorated amount based upon the percentage of time that the library failed to perform the minunun level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum. of services. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant fiindnng for activities and publications supported by grant fluids. Any announcements, infomiatiori, press releases, publications, brochures, videos, webpages, progtarrs, etc., created as part of a State Aid to Libraries Grant project mast include an acknowledgment that State Aid to Libraries Grant fiords were used to create them Use the following text: "This project has been fiunded under the provisions of the State Aid to Libraries Grant programs administered by the Florida Department of State's Division of Library and Information Services." 10. Grant Expenditures. The Grantee agrees to expend all grant fiords received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of August 2021), incorporated by reference, which are available online at bUY/edocs dhs state flus/fldocs/dfs/2019ReferenceGuideForStateExpendhres pdf Page: 3 State Aid to Libraries Grant Agreement (Fom1DUS/SA02) 393 Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 02-2022 Grant fiuuis rrny not be used for the purchase or construction of a hbrary building or hbrary quarters. 11. Travel Expenses. The Grantee must pay any travel expenses, fromgant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Fiends and Allowable Costs. hi accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance ofunobligated fiords which has been advanced or paid to the Grantee. In addition, fiends paid in excess of the amount to which the recipient is entitled under the term and cordons of the agreement must be refunded to the state agency. Further, the recipient may expend fimds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expendihres of State fiords as outlined in the Department of Financial Service's Reference Guide for State Expenditures (as ofAugust 202 1) (gyp//edocs.dlis. state. fLus/fidocs/dfs/2019Reference(fiudeForStateEamendiimxe aQ, incorporated by reference. 13. Repayment All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and marled directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Inforruation Services, 500 South Broough Street, Maul Station #913, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face armunt of the returned check or draft, whichever is greater. 14. Single Audit Act Each Crraurtee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional infomnation regarding this requirement If a Grantee is of required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months ofthe close of its fiscal year. Audits must be submitted on the DOS Grants System at dorm-aants.com 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertQrent to the Project, shall be retained for a period of five (5) fiscal years after the closeout of the grant and release of the audit. If any litigation or audit is initiated or claim nude before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records ofexpenditurres, copies ofreports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose ofmaking audits, exanmuations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refines public access to all documents or other materials made or received by the Grantee that are subject to the provisions ofChapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement 18. Noncompliance. Any Grantee that is not following Florida Statutes or rules, the tenor of the grant ageementt, Florida Department of State (DOS) policies and guidance, local policies, or other applicable law or that has of submitted required reports or satisfied other administrative requirements for other Division of Library and hnfornriation Services gaits or gaits from any other DOS Division w>71 be in noncompliance status and subject to the DOS Crants Compliance Procedure. DOS Divisions include the Division ofArts and Culture, the Division of Electrons, the Division of I3istorical Resources and the Division of Library and Information Services. Grant compliance issues Page: 4 State Aid to libraries Grant Agreem nt (FomiDUS/SA02) 394 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 02-2022 mist be resolved before a grant award agreement may be executed and before gr -ant payments for any DOS grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system mast be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records mast adequately identify the sources and application of funds for all grant activities and must classify and identify grant fiends by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different fortrat than the one in the grant application, subsidiary records mast document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) mast include the grant award nturrlber; e) The Grantee's accounting records mast have effective control over and accountability for all fiords, property and other assets; and fl Accounting records mast be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's perfonnarnce and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state Rinds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such temnimtion will not affect the responsibility of the Grantee under this Agreement as to those Rinds previously distributed. In the event of a state revenue shortfhQ the total grant may be reduced accordingly. 21. Lobbying. The Grantee will not use any grant fiords for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or errployees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide conniodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee mast take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exchrle liabality for its own acts, omissions to act or negligence to the Division. Page: 5 State Aid to Libraries Grant Agreement (FomiDLIS/SA02) 395 Chapter IB -2.011(2)(x), Florida Administrative Code, Effective 02-2022 a) The Grantee shall be responsible for claims of any nature, including bit not linked to irgury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indernrify and hold the Division harmless from any and all claims of arty nature and shall investigate all such claim at its own expense. If the Grantee is govemed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section b) Neither the state nor any agency or subdivision oftbe state waives any defense of sovereign irrnnnity or increases the knits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Crarrtee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilim incurred under the subcontract 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict confomity with an applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26. No Dis crininahon. The Grantee may not discrininate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agree me nt. The Division will demand the return of grant fiords already received, will withhold subsequent payments and/or will terminate this agreement iftbe Grantee improperly expends and manages grant finds; Earls to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Ternination of Agreement. The Division will termnate or end this Agreement iftbe Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation If the violation is not cured within the stated period, the Division will temmmte this Agreement The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or marled to his/her specified address by a method that provides proof of receipt In the event that the Division temrirates this Agreement, the Grantee shall be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termbation of this Agreement. The Division does not waive any of its rights to additional damages if grant finds are returned order this Section 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accnring to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party, nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -As sigmrent of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Page: 6 State Aid to libraries Grant Agreement (Fonn DUS/SA02) 396 Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 02-20M Agreement without the prior written consent of the Division, which shall not imreasonably be withheld. The agreement transferee mast demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred h connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governn ental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee mast use the applicable procurement method described below. 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 USC 1324(a) (as ofApd 2019)), incorporated by reference. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Seve rability. If any term or provision of the Agreement is found to be illegal and unenforceable, the reminder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement mast meet the standards of Sections 553.501- 553.513, Florida Statutes and the Americans with Disabilities Act of 1990a( da.gov (as of January 2020)), incorporated by reference). 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page: 7 State Aid to Libraries Grant Agreement (Form DLIS/SA02) 397 Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 02-2023 7I 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2022-23 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: Chair of Governing Body or Chief Executive Officer Typed name and title Date Department of State M. Amy L. Johnson, Director Division of Library and Information Services Department of State, State of Florida Date Clerk or Chief Financial Officer Witness Date State Aid to Libraries Grant Agreement (FormDUS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 02-2023 Date •• Page: 8 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or rmnitoring by the Department of State as described in this Addennlumto the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F. S.), as revised (see Audits below), rmnitoring procedures may include, but not be limned to, on-site visits by Department of State staff; limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any marmoring procedures/processes deemed appropriate by the Departrnent of State. In the event the Department of State detemmies that a lin iced scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient fiather agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary bythe ChiefFinnamial Officer (CFO) or Auditor General Audits Part I: Federally Funded This part is applicable if the recipient is a state or local goverrnnent or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or rmre in federal awards in its fiscal year mast have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Departrrent of State by this agreement. In determ nung the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The detennim ion of armunts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirennents addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the pro -visions of 2 CFR 200, subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost ofthe audit must be paid from non-federal resources (ie., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded Page: 9 State Aid to Libraries Grant Agreement (FomiDLIS/SA02) 399 Chapter 1B-2.011(2xa), Florida Administrative Code, Effective 02-2022 This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2) F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient mist have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, ES.; Rule Chapter 69I-5 F.A. C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement In detemmaing the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F. S. This includes submission of a finarrcial reporting package as defined by Section 215.97(2) F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General 3. If the recipient expends less than $750,000 instate financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit mist be paid from the nonstate entity's resources (ie., the cost of such an audit mast be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State ofFlorida Department Financial Services (Chieffinaucial Officer) ttW Mvww.myfloridacfo.corn` State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) ://www. leg state. I uas/ Part III: Report Submission Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following. A. The Department of State via the DOS Grants System at sl//dos .com B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required fonrn for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State via the DOS Grants Systemat bM2sJ//dosgr=.com Page: 10 State Aid to Libraries Cent Agreernent (Fomr DLIS/SA02) ��� Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 02-2022 B. The Auditor General's Office at the following address: Auditor General Local Govemment Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other infomnation required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are nude available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 11 State Aid to Libraries Gant Agreement (Form DUS/SA02) 401 Chapter 1B-2.011(2xa), Florida Administrative Code, Elective 02-2022 EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at hUsJ/an2s.fldfs.com/fsaa/. Pagge: 12 State Aid to Libraries Grant Agreement (FomiDLIS/SA02) 402 On Chapter a2.011(2)(a), Florida Administrative Code, Effective 02-202? 4+ L Page: 13 403 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Howl, Free Library Service and Access to Materials The Indian River County, governing body for the Indian River County Library hereby certifies that the following statements are true for the time period October 1, 2020 through June 30, 2023: • Provides free library service, inckidnng loaning materials available for circulation free of charge and providing reference and information services free of charge; • Provides access to materials, infomnation and services for all residents of the area served; and • Has at least one library, branch library or member library open 40 hours or rmre each week (exckxbng holidays; between Sunday through Saturday, on a schedule deters ined by the library system). Signature Chair, Library Governing Body Name (Typed) Date Page: 1 404 Indian River County Library System Annual Plan of Service FY 2022/2023 The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan from the Library System's Long -Range Plan, and is supported by the Library System's budget as described. The major emphasis during Fiscal Year 2023 (October 1, 2022 to September 30, 2023) will be: • Continue providing quality library services to all county residents. • Continue providing comprehensive collections, both print and digital. • Continue providing public computers and internet access. • Continue providing technology training for the public. • Continue providing cultural, educational, informational, and recreational programming for all ages. • Continue offering adults an opportunity to earn an accredited high school diploma and career certificate through Career Online High School. • Continue service to the south county area through the use of a state-of-the-art vending library located at the Intergenerational Center. • Continue Archive Center digitization projects to preserve local and Florida history. • Continue expansion of the North County Library to provide a multi-purpose children's room. • Continue providing materials and information services that are responsive to the diverse needs of the public and ensuring accessibility for all. • Begin offering access to video courses taught by industry experts in software, creative, and business skills through Linkedln Learning. • Begin offering access to upgraded meeting room technology at the Main Library and North County Library. • Expand hours at the Fellsmere Library. 405 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks & Recreation Date: July 20, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Budget Director Beth Powell, Director, Parks & Recreation From: Brad Dewson, Lead Foreman, Park & Recreation Subject: Request for Approval of the First Extension to Agreement with J -Mac Cleaning Services, Inc. for Annual Beach Parks Mowing and Grounds Maintenance BACKGROUND: On August 18, 2020, the Board of County Commissioners awarded RFP #2020036 for Annual Beach Parks Mowing and Grounds Maintenance to J -Mac Cleaning Services, Inc. The award was an initial term of two -years, with two one-year extensions available. The representative of J -Mac Cleaning Services, Inc. has expressed acceptance of the first one-year renewal. The annual cost is $58,000 per year, or $4,833.33 per month. FUNDING: Funding, in the amount of $58,000 per year, or $4,833.33 per month, is budgeted and available in the General Fund/Parks/Other Professional Services account, number 00121072-033190, for the current fiscal year. Beginning FY 2022/2023, maintenance will also be completed at the emergency beach access at Round Island Oceanside Park for an additional annual cost of $9,100, or $758.33 per month. The total FY 2022/2023 annual cost is $67,100, or $5,591.67 per month, is accounted for in the FY 2022/2023 budget. FY Account Description Account Number Amount 21/22 General Fund/Parks/Other Professional Services 00121072-033190 $58,000 $4,833.33/month 22/23 General Fund/Parks/Other Professional Services 00121072-033190 $67,100 $5,591.67/month RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the attached first Extension to the Agreement and authorize its Chairman to sign. ATTACHMENTS: 1) First Extension to Agreement for one-year extension AGENDA ITEM FOR AUGUST 16.2022 N1. FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR BEACH PARKS MOWING AND GROUND MAINTENANCE This First Extension and Amendment to that certain Agreement to provide Beach Parks Mowing and Ground Maintenance is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and J -Mac Cleaning Services, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Beach Parks Mowing and Ground Maintenance effective August 18, 2020; and WHEREAS, Paragraph 3.01 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of September 1, 2020 and will end on August 31, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and WHEREAS, the parties desire to amend Article 6 — Contractor's Representations to include E -Verify requirements; and WHEREAS, the parties desire to amend Article 9 — Federal Clauses to include updated requirements in accordance with 2 C. F. R. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension and Amendment. 2. The First renewal term shall commence effective September 1, 2022 and shall end on August 31, 2023. There is a single one-year extension available on the contract. 3. The following terms are added to the Agreement: • Mowing and Grounds Maintenance to Round Island Oceanside Park; adding an additional $758.33 per month/ $9,100 per year to this existing agreement. Starting FY 2022/2023, the updated total cost would be $67,100 per year ($5,591.67/month). 4. The following is added as Paragraph 6.J : Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify. ov) to confirm the employment eligibility of all 407 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 5. The following are added to Article 9 - Federal Clauses: N. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (1) Definitions. As used in this clause, the terms backhaul; covered foreign country, covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (2) Prohibitions. (2.1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 Pub. L. No.115-232, and 2 C.F.R. � 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2.2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergencygement Agency to: (2.3) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (2.4) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (2.5) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as _critical technology as part of any system; or (2.6) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (3) Exceptions. (3.1) This clause does not prohibit contractors from providing— (3.2) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (3.3) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (4) By necessary implication and regulation, the prohibitions also do not apply to: (4.1) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. E1: (4.2) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (5) Reporting requirement. (5.1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at anyy tier or by any other source, the contractor shall report the information in paragraph 9.18.3 (ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (6) The Contractor shall report the following information pursuant to paragrraph 9.18.3(1) of this clause: (6.1) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entily identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (6.2) Within 10 business dans of submitting the information in paragraph 9.18.3ii)(A) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to _prevent future use or submission of covered telecommunications equipment or services. (7) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (7), in all subcontracts and other contractual instruments. O. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing_ processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; lass, including optical fiber; and lumber. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. ,M IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. J -Mac Cleaning Services, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 410 / ' i CON!August NT BCC Meeting 16, 2022 ani t INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM t * * Assistant County Administrator / ��oRtD� Department of General Services Parks and Recreation Date: July 20, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Kristen Daniels, Budget Director Michael C. Zito, Assistant County Administrator From: Beth Powell, Director Parks and Recreation Subject: Work Order Number 25, Amendment No. 1— Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No.1 Hobart Park Restroom Connections and Utility Service Plans Revisions BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley- Horn and Associates, Inc., and on May 18, 2021, Renewal and Amendment No. 1 was executed for continuing engineering services. On November 5, 2019, the Board of County Commissioners approved Work Order Number 25 for Kimley-Horn and Associates, Inc. in the amount of $12,500 for the design services for the design and engineering of sanitary sewer line connections to an existing restroom (east) and the design and engineering associated with relocation and construction of a new restroom (west) at Kiwanis Hobart Park. Work Order Number 25, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008, Renewal and Amendment No. 1 would provide for modifications of plans to update the site plan, paving and grading plan, utility plan, and all detail sheets. These modifications will utilize the service lines associated with improvements underway at the Sandridge Golf Course which includes a sewer connection that was not in design at the time of the original work order. Kimley Horn will also provide permitting services as outlined in the Scope of Work. FUNDING: Funding for Amendment No. 1 to Work Order Number 25 is budgeted and available in the Impact Fees/Parks/Hobart Park Restroom account, number 10321072-066390-18013 in the amount of $13,100. Description —Impact I Account Number Amount Fees/Parks/Hobart Park Restroom 1 10321072-066390-18013 $13,100 411 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 25, Amendment No. 1 for revisions to the Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 25. ATTACHMENT: Amendment No. 1 to Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 - Hobart Park Renovations, Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. August 16, 2022 Consent A eg nda 412 AMENDMENT 1 TO WORK ORDER 25 HOBART PARK RENOVATIONS, RESTROOM CONNECTONS AND UTILITY SERVICE PLANS This Amendment 1 to Work Order Number 25 is entered into as of this 16th day of August 2022, 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 25, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 25 as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Print Name: Brian Good. P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Title: Principal 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— SCOPE OF WORK Task 1— Modification of Plans The COUNTY desires to modify the previously prepares plans for the restroom facilities at the southern portion of Hobart Park along with the supporting water and sewer utilities servicing the building. The COUNTY is proposing to modify the proposed restroom facility and construct a facility which is not a prefabricated building. Also, it is understood that the golf course to the south, Sandridge, is also owned by the COUNTY, and the COUNTY has hired a third part engineer to design an expansion of the golf course building and route the sanitary through Hobart park and past the proposed restroom facility. As part of this scope Kimley Horn will modify the sewergravity locations from the building to the proposed lift station, and tie in the proposed forcemain to the forcemain proposed by the golf course engineers. Kimley-Horn will update the dimensional site plan that conforms to local agency having jurisdiction permitting requirements which will depict the location of the proposed restrooms, sidewalks and landings and existing surrounding features. Kimley-Horn will update the limited Paving and Grading plan showing the proposed finished floor elevation of the proposed restroom facilities and surrounding grades of proposed sidewalks. The plan will identify paved areas for proposed sidewalk and associated details. Kimley-Horn will update the limited Utility plan showing the existing utilities provided by COUNTY GIS data and as-builts on 77th Street. Kimley Horn will coordinate with the architect of the COUNTY selected restroom facility to identify the inverts of the water and sanitary inverts leaving the proposed restroom facility. Kimley-Horn also understands that the client desires to connect the existing restroom east of the existing drainage canal to the public force main to the north. The modified plans will incorporate a proposed lift station and force main connection to the public system. This task consists of the effort for Kimley-Horn to coordinate with MOPS to prepare lift station design plans for the existing restroom facility. In summary, the following plans will be updated by the Consultant: • Site Plan • Utility Plan • Paving and Grading Plan • Detail Sheets Kimley-Horn will revise the plans to address up to one (1) round of comments from each of the permitting agencies under Task 3. Kimley-Horn will prepare quantity take offs to incorporate into an engineering opinion of probable cost as part of this task. The unit costs estimates will be based on pricing information provided by contractors for previous projects completed. The opinion of probable cost will also be based on assumptions that will be outlined in the document. Kimley-Horn anticipates that electric service to the proposed restroom facility can be run off of the existing service line to the existing restroom facility on the west side of the park. Kimley-Horn will conceptually show a single PVC conduit to house a single phase 200 -amp service from the existing restroom facility to the proposed restroom facility on the utility plan. This will not be in the area of the limited topographic survey and will be shown on the utility plan for reference to the contractor. 414 Task 2 — Sandridge Golf Course Design Coordination Kimley-Horn understands that the COUNTY has hired an engineer to design the expansion to the existing Sandridge golf course building. As part of this expansion, a sewer connection will be proposed through Hobart Park. This task consists of up to 15 hours of effort to coordinate the design of the propose Sandridge golf course building plans and the proposed restroom facility plan updates. Task 3 - Permitting As part of this scope Kimley Horn will prepare applications and supporting documentation forthe necessary permits, which have expired, to construct the new restroom facility and utility services to both the eastern existing restroom facility and the new restroom facility. Kimley-Horn will submit for a utility construction permit for potable water and sanitary sewer. This application will consist the equivalent residential use determination, projected water and sewer flows and associated plans. Kimley-Horn will prepare the supporting documentation to submit for an Indian River County Type A stormwater permit. It is assumed that the utility design will consist of connection to the Sandridge design well before the canal crossing at 77th for the proposed restroom. All permitting with Indian River Farms Water Control District on the proposed utility crossings on their canal would be completed by the Sandridge Golf Course expansion engineer. Due to the limited nature of the work, Kimley Horn does not anticipate more than one round of comments from each of the agencies having jurisdiction above. Kimley-Horn will respond to up to one round of comments from the permitting jurisdictions above as part of this task. In summary the following permits are anticipated: Indian River County Utility Construction Permit for Potable Water and Sanitary Sewer Indian County Type A Stormwater Permit exemption EXHIBIT B— FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Modification of Plans $ 7,500 Sandridge Design Coordination $2,800 Permitting $ 2,800 TOTAL $13,100 415 EXHIBIT C— TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately thirty (30) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP 416 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks & Recreation — Conservation Resources Date: July 25, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director, Parks & Recreation From: Wendy Swindell, Conservation Lands Manager CONSENT BCC Meeting 08-16-2022 Subject: Amendment No.1 to Work Orders No. 3 (Jones' Pier Bungalow Stabilization & Museum Planning) - Donadio & Associates, P.A. BACKGROUND: On October 15, 2019, staff provided a Departmental Item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update and requested authorization to make applications to potential grantors to provide additional funding for the repurposing of the 1920s Bungalow Cottage/Main House for the purposes of creating a museum with associated educational exhibits. Subsequently, staff made an application to the State of Florida Division of Historical Resources (DHR) to provide funding for the interior stabilization and museum planning for the Main House. The application was successful and the County was chosen to receive funding for the 2020-2021 DHR funding cycle. The funding in this grant agreement provided for a 50/50 match of $10,725 for a total project cost of $21,450. The final grant deliverable to DHR was a full set of construction documents including schematic design and engineering, which included bid ready plans and specifications. As part of the grant process, staff received a proposal from Donadio & Associates under the Continuing Services Contract for Architectural Services RFQ 2018063 for the Museum design and development, which fulfilled the grant deliverables described above. Work Order No. 3 — Donadio & Associates was approved by the Board on August 18, 2020, in the amount of $20,500. The final DHR grant deliverable was submitted to DHR in July 2021, and DHR reimbursed the County $10,725 in September 2021. The grant was officially closed by DHR on April 8, 2022. The original design plans included an ADA Boardwalk connecting the parking lot to the modified entrance to the bungalow on the south side of the house. After discussions with DHR, the boardwalk was removed from the plans, as it was not an element of the interior museum plan. 417 ANALYSIS: Donadio & Associates has prepared Amendment No. 1 to Work Order No. 3 for Architectural Document and Structural Engineering Document Revisions. Plan revisions addressing the exterior of the building, which were not part of the plans associated with the DHR grant deliverable. The proposed revisions include final design of the exterior walls, roof, windows, doors, miscellaneous structural details, ADA access, and revisions to the demolition and floor plans. The deliverable for Amendment No.1 to Work Order No. 3 will be bid -ready plans for the renovation of the historic bungalow. FUNDING: Funding for Amendment No. 1 to Work Order No. 3 — Donadio & Associates is budgeted and available in the Optional Sales Tax/Parks/Jones Pier Improvements account, account number 31521072-066510-18010, in the amount of $6,000. Description I Account Number Amount Optional Sales Tax/Parks/Jones Pier Improvements 1 31521072-066510-18010 $6,000 RECOMMENDATION: Staff respectfully recommends the Board accept Work Order Number 3, Amendment No. 1 — Donadio & Associates, Continuing Architectural Services RFQ 2018063, renewed November 2, 2021, for design services associated with the Jones' Pier Bungalow House Exterior Renovations, authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 3. ATTACHMENT: Amendment No. 1 to Work Order Number 3, Donadio & Associates — Continuing Architectural Services RFQ 2018063, Amendment and Renewal No. 1— Jones' Pier Conservation Area Historic Residence Structural Evaluation and Improvements (Museum) DISTRIBUTION Donadio & Associates, P.A. APPROVED FOR AUGUST 16, 2022 418 CONTINUING ARCHITECTURAL SERVICES AMENDMENT 1 TO WORK ORDER 3 JONES PIER CONSERVATION AREA HISTORIC RESIDENCE STRUCTURAL EVALUATION AND IMPROVEMENTS (MUSEUM) This Amendment #lto Work Order Number #3 is entered into as of this __ day of August, 2022, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13`h day of November, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Donadio & Associates, Architects, P.A., A Spiezle Group Inc. Company ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3, Effective Date August 18, 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) 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: Print Name: An Title: Principal Donadio BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY am Approved Date: Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 419 DONADIO & Associates, Architects, P.A. A Spiezle Group, Inc. Company Project Name: IRC Jones Pier Historic Residence DAA Job: 2018-23.004.1.2 Structural Evaluation and Improvements (Museum) Client: Indian River County Parks & Conservation Resources Date: July 18, 2022 Contact: Beth Powell Asst. Director - Parks & Conservation Resources From: Anthony J. Donadio DESCRIPTION OF WORK: CONSTRUCTION DOCUMENT PHASE o Architectural Document Revisions — $4,500.00 ■ Handicap Ramp Revision to the Architectural Site Plan to Show as Existing and Deletion of Handicap Ramp Detail Sheet ■ Miscellaneous Revisions to Demolition and Proposed Floor Plans ■ Handicap Ramp Revision to Existing and Proposed Exterior Elevations to Show as Existing ■ Added Scope for Roof Plan and Roof Details ■ Added Scope for Window, Door, Exterior Wall, and Miscellaneous Details o Structural Engineering Document Revisions - $1,500.00 ■ Added Scope for Window, Door, Roof, Exterior Wall and Miscellaneous Structural Details Architectural/Eneineerina Additional Services Amount: Construction Document Phase Added Scope - $6,000.00 Reimbursables - $0.00 Approved by: (Authorized to sign on behaljof client) Please Print Name: Date: Delivery: Permit and Bidding Package delivered to Owner on 09/30/2022 Standard Hourly Fees $65.00/hour Clerical $85.00/hour Office Manager $100.00/hour CADD Tech I $135.00/hour CADD Manager $135.00 Project Manager $175.00/hour S e n i o r Project Manager $200.00/hour Principal 200191 Avenue, Suite 308 Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 420 Email- adonadio@spiezle.com License No. AA00012456 - - INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM t s Assistant County Administrator / frOR W" Department of General Services Parks and Recreation Date: July 20, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristen Daniels, Budget Director Jennifer Hyde, Purchasing Manager From: Beth Powell, Director Parks and Recreation Subject: Authorization to Piggyback Clay County Contract for Various Equipment and Amenities for Parks and Playgrounds for Lighting of the Pickleball Courts at Dick Bird (South County) Park and Approval of Quote Ref 219410 BACKGROUND: In July 2022, the County advertised a bid for construction of 12 pickleball courts at Dick Bird (South County) Regional Park. Court lighting is not included in the RFP for construction as customarily lights and installation can be purchased separately directly from the vendor. Clay County Board of County Commissioners (Clay County) currently has a contract for sports lighting with Musco Sports Lighting, LLC (Musco) that can be piggy -backed for the purchase and installation of Pickle Ball Court Lighting at Dick Bird Regional Park. On May 28, 2019, Clay County awarded contract RFP 18/19-2 to Musco as part of their larger Contract for Equipment and Amenities for Parks and Playgrounds. This Contract was then renewed on May 24, 2022. A quote for the Dick Bird Regional Park Pickleball Complex was received by Indian River County based on pricing included in the Clay County Contract to provide lighting for the new Pickleball Complex based on the plans provided through the County's RFP 2022067. The quote includes engineering, structural drawings, equipment, project management and installation of a Light -Structure System with "Total Light Control — TLC for LED technology" for the 12 courts. Musco brand lighting is currently installed on the softball fields, tennis courts, and basketball courts at Dick Bird Regional Park. Musco includes a Control Link system which allows for remote operation and scheduling for these facilities. Utilizing Musco for the new lighting system for the pickleball courts will allow seamless integration of this new system into the existing lighting system at the park. Musco provides a 25 -year Parts and Labor warranty, support for the Musco Lighting Services, and their products are manufactured in the United States resulting in availability of parts and warranty work that expedites repairs as needed. 421 FUNDING: Funding for the quote provided to the County by Musco dated July 11, 2022, in the amount of $195,000 is budgeted and available in the Impact Fees/Parks/Pickleball Complex South County Park, Account number 10321072-066510- 20002. This project is included in the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period FY 2021/22-2025/26 which was amended on December 14, 2021. Should the award of RFP 2022067 and the Musco Lighting Quote exceed $450,000, a budget amendment will be needed to appropriate the necessary funds to the same account for completion of the construction and lighting projects in FY2022-23. Description I Account Number Amount Impact Fees/Parks/Pickleball Complex South County Park 1 10321072-066510-20002 $195,000 RECOMMENDATION: Staff respectfully recommends the Board approve the piggyback of the Clay County contract RFP 18/19-2 (renewed May 24, 2022) Contract for Equipment and Amenities for Parks and Playgrounds and approve the Musco Sports Lighting, LLC quote dated July 11, 2022, Project: Dick Bird Pickleball, Vero Beach, FL, Ref: 219410 and enter into an agreement with Musco Sports Lighting, LLC in the amount of $195,000; and authorize the Chairman to execute such agreement after review and approval by the County Attorney. ATTACHMENT: Musco Sports Lighting, LLC Quote dated July 11, 2022 Project Dick Bird Pickleball Vero Beach, FL Ref: 219410 August 16, 2022 Consent Agenda 422 Date: July 11, 2022 Quotation Price — Materials Delivered to Job Site and Installation Dick Bird Park Project: Dick Bird Park Pickleball Vero Beach, FL Ref: 219410 - (12) Pickleball Courts - 30 footcandles ................................................. $195,000.00 All purchase orders should note the following: Clay County RFP 18119-2 Sales tax and bonding are not included. Pricing furnished is effective through February 28, 2023 and is considered confidential. Field Description Quantity Pricing Per Clay County Extended Price Sec IA—Tennis 6 Courts (12 Pickleball) 1 @60% $162,400 $97,440 Sec III — Pole Installation 160mph wind speed, 60' poles 4 $5,980 $23,920 Sec IV B 2 C- Wiring from contactors to poles 500' $75 $37,500 Sec IV B 3 C- Copper Conductors 1500' $11.50 $17,250 Sec IV C- Install of Contactor Cabinet 48" 1 $5,570 $5,570 Sec IV D- Surge Arrestor at ECE 4 $1,200 $4,800 Sec IV E- Pole Grounding below 70' 4 $900 $3,600 Sec V Al- Electrical Engineering 1 $6,600 $6,600 Sec V B- Structural Dwgs 1 $1,350 $1,350 Sec V F- Project Management 1 $6,000 $6,000 Deduct / Design Parameters / Labor -$9,030 Total $195,000 Light -Structure System"m with Total Light Control — TLC for LEDTm technology Guaranteed Light Performance • Guaranteed light levels and uniformity System Description • Total Light Control°" TLC -LED -900 factory -aimed and assembled luminaires • Total Light Control" TLC -LED -600 factory -aimed and assembled luminaires • (4) Galvanised steel poles • (4) Pre -cast concrete bases with integrated lightning grounding • Pole length factory assembled wire harnesses • Factory wired and tested remote electrical component enclosures • Enhanced corrosion protection 2016, 2021 Musco Sports Lighting, LLC - 1 - M4Q-auS-10 Environmental Light Control • Spill light minimized • Off-site glare light minimized Control Systems and Services • Control -Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco's Lighting Services Team — over 170 Team members dedicated to operating and maintaining your lighting system — plus a network of 1800+ contractors Payment Terms Musco's Credit Department will provide payment terms. Delivery Timing 8-10 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Notes Quote is based on: • Shipment of entire project together to one location. • 480 Volt, 3 Phase electrical system requirement. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • Product assurance and warranty program is contingent upon site review and compatibility with Musco's lighting system • The owner of the field is responsible for the structural integrity of the existing poles. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Sales Representative Musco Sports Lighting, LLC Phone: 954-629-8446 E-mail: tim.imhoff@musco.com 2016, 2021 Musco Sports Lighting, LLC .2- M424uS-10 Date: August 6, 2022 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation - Conservation Resources To: The Honorable Board of County Commissioners Through: Jason Brown, County Administrator Kristin Daniels, Budget Director Michael Zito, Asst. County Administrator From: Beth Powell, Director Parks & Recreation Subject: Notice of Grant Award from the Florida Division of Historical Resources for Kroegel Homestead Historic Structures, Condition Assessment — 23.h.sm.100.125 DESRIPTIONS AND CONDITIONS The Kroegel Homestead Conservation Area was purchased in 2004 by Indian River County with grant funding provided by the Florida Communities Trust (FCT). The 2.61 acre Rodney Kroegel parcel contains the remnants of structures that belonged to a son of Paul Kroegel, first warden of the Pelican Island National Wildlife Refuge (NWR), the nation's first NWR (established in 1903). In large part due to the efforts of Paul Kroegel, President Teddy Roosevelt established the Pelican Island National Wildlife Refuge in 1903, marking the beginning of the National Wildlife Refuge System, the world's largest and most diverse assemblage of lands for wildlife. The project is adjacent to the Indian River Lagoon, an estuary of National significance, and is an integral part of the Pelican Island National Wildlife Refuge, which is located directly east of the Kroegel Homestead. The purpose of the project is to preserve and open to the public the Homestead, which is of state and national significance in "completing the story" of the natural and cultural heritage of the federal refuge system and of the nationally significant Indian River Lagoon. Per the management plan, public access improvements will be designed to preserve the natural and cultural integrity of resources on the property. In order to leverage funding and maximize cost effectiveness for management and improvements to conservation areas, staff continues to seek funding through various applicable grants. The Division of Historical Resources Small Matching Grant provides matching funds to provide renovation, reconstruction, education and public access to historically significant sites. On August 5, 2022, Indian River County was notified that the County's small matching grant application submitted in 2020 was chosen for funding. The grant funds and County match will be used to hire architectural and engineering services to conduct an existing conditions assessment for the Office and Plumbing Shop (Barn) sites and to produce a historic structure report, including treatment recommendations and elevation renderings. The total award of $14,250 will be matched with cash by the County for a total project cost of $28,500. This is a reimbursement grant that 425 must be completed by June 30, 2023. The deliverables outlined in the grant award are summarized to include: Historic Preservation Credentials and Project Timeline Draft Historic Structure Report and Elevation Renderings Final Historic Structure Report and Elevation Renderings FUNDING Funding for this grant, in the amount of $14,250, is provided in the updated Capital Improvement Element of the Comprehensive Plan (CIE), adopted on December 14, 2021, through Optional Sales Tax/Parks/Kroegel Conservation Area Improvements, account number 31521072-066510-19006. Account Name I Account Number I Amount Optional Sales Tax/Parks/ Kroegel Conservation Area Improvements 1 31521072-066510-190061 $14,250 STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Division of Historical Resources Small Matching Grant for 2022-2023 and authorize the Chairman to execute the Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 23.h.sm.100.125. ATTACHMENTS Attachment A — Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 23.h.sm.100.125. 426 rite UX&IBl d: Bre 111010 THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County Parks Division 23.h.sm.100.125 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the "Division," and the Indian River County Parks Division hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 23.h.sm. 100. 125 for the Project "Kroegel Homestead Historic Structures, Condition Assessment," in the amount of $14,250 ("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3162, contained in the 2023 General Appropriations Act, H135001, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Kroegel Homestead Historic Structures, Condition Assessment," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used to hire architecturaVengineering services to conduct an existing conditions assessment for the Office and Plumbing Shop sites on the Kroegel Homestead and to produce a historic structure report, including treatment recommendations and elevation renderings. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Payment Type Deliverable Description Documentation Payment Amount 1 Fixed Submit a copy of the historic preservation One (1) copy of the $4,750 Price architect's credentials and a project timeline to historic preservation the Division for review and approval. architect's credentials; One (1) copy of the project timeline Page: 1 427 2 Fixed Submit a copy of the draft historic structure One (1) copy of the Price report and elevation renderings to the Division draft historic structure for review and approval. report; one (1) copy of the draft elevation renderings. $4,750 3 Fixed Submit a copy of the final historic structure One (1) copy of the $4,750 Price report and elevation renderings to the Division final historic structure for review and approval. In addition, a Single report; one (1) copy of Audit Form shall be completed by the Grantee the final elevation and submitted along with the Final Progress renderings; One (1) Report prior to final payment. Single Audit Form. Totals $14,250 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the term of this Agreement, as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/22, and shall end 06/30/23, unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Eric Case Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6338 Email: eric.case@dos.myflorida.com For the Grantee: EM Page: 2 Contact: Beth Powell Address: 1801 27th Street Vero Beach Florida 32960 Phone: 772.589.9223 Email.bpoweU@ircgov.com 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed. The total grant award shall not exceed the Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Grant payment requests are not considered complete for purposes of payment until review of the deliverables for compliance with the terms and conditions of this Agreement by the appropriate Division staff is complete and approval of the deliverables given. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. The authorization form is accessible at httpJ/www.myfloridacfo.com/Division/AA/Forms/DFS-Al-26E.pdf where information pertaining to payment status is also available. 6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit hMsJ/flvendor.myfloridacfo.com/ . A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division, as required, in advance of or with the executed Agreement. 7. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. 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. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement. Page: 3 429 b) Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables, provide documentation that the deliverable has been completed, or demonstrate the appropriate use of state funds. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Planning Projects. a) The Grantee shall submit planning project contracts to the Division for review and approval prior to execution. Procurement documentation supporting maximum open competition must be submitted to the Division for review and approval prior to execution of project contracts. b) For architectural planning projects, all project work must be in compliance with the Secretary of the Interior's Standards and Guidelines, available online at www.nps.gov/tps/standards.htm. c) For historic structure report planning projects, all project work must be in compliance with Preservation Brief 43, available online at hUs1/www.nns.goy/tps/how-to-preserve/briefs/43-historic-structure- d) Planning activities on historic Religious Properties shall be limited to building exterior envelope, excluding accessibility upgrades, and structural elements of the building. e) Copyright and Royalties: When publications, brochures, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 10. Credit Line(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, in Page: 4 M publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida." Any variation in this language must receive prior approval in writing by the Division. b) All site-specific projects must include a Project identification sign, with the aforementioned language, that must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/tasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via www.dosg=.com, a) First Project Progress Report is due by October 31, for the period ending September 30. b) Second Project Progress Report is due by January 31, for the period ending December 31. c) Third Project Progress Report is due by April 30, for the period ending March 31. d) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100% match of the Grant Award Amount. Of the required match, a minimum of 25% must be cash on hand. The remaining match may include in-kind services, volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, Grantees may request a waiver of the match amount. Grantees that are Certified Local Government (CLG) organizations and Main Street Program organizations are not required to provide a match. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Page: 5 431 Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee fords it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended Grant Period. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 11/1/2019), which are incorporated by reference and are available online at hapsJ/www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateF.xpenditures.ndf. The following categories of expenditures are non -allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement, Chapter 287 of the Florida Statutes and/or Rule 60A-1.002 of the Florida Administrative Code; c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d) Expenses associated with lobbying or attempting to influence Federal, State or local legislation, the judicial branch or any state agency; e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at httpsJ/www.nps.gov/tps/standards/treatment- guidelines-2017.pdf, standards available at httpsJ/www.nps.gov/tps/standards.htm and nps.gov/history/local-law/arch—stnds_O.htrn or applicable industry standards; f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation Page: 6 432 regulatory requirements, including costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.; g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, pregnancy, handicap or marital status; h) Entertainment, food, beverages, plaques, awards or gifts; i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage, utilities, janitorial services, insurance, accounting, internet service, monthly expenses associated to security systems, non -grant related administrative and clerical staffing, marketing and fundraising activities; k) Administrative and project management expenditures such as expenditures that are directly attributable to management of the grant -assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions, which in aggregate exceed 5% of the grant award amount; 1) Grantee operational support (i.e., organization salaries not directly related to grant activities; travel expenditures; per diem; or supplies); m) Insurance costs; n) Capital improvements to property; o) Planning activities for the interior of Religious Properties (Exception: planning related to structural elements of the building. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, window and exterior door repairs and restoration practices associated with the building envelope); p) Planning for accessibility improvements for Religious Properties; q) Furniture, including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, case goods (including cabinets, countertops, or bookshelves) with no historic precedent, systems' furniture, movable partitions and acoustical treatments and components, unless specific prior approval has been granted by the Division; r) Equipment (a) including but not limited to portable sound systems, specialty fixtures and equipment, visual display units, appliances, computers, cameras, printers, scanners, projection systems, portable light fixtures, and total stations unless specific prior approval has been granted by the Division (b) If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of Page: 7 433 special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region; s) Supplies that will not be consumed in use during the duration of this project; t) Costs associated with attending or hosting conferences, summits, workshops or presentations (Exception: municipal or county required public meetings necessary for completion of the grant -assisted project); u) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or research off-site; and v) Tuition waivers, fees, and other non -grant related costs associated with employing students for grant projects. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, 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 state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. Page: 8 434 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State (DOS) Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is Page: 9 435 dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be agents, servants, joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict Page: 10 conforniity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fiilfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant fiords previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant fiuids are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 35. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall Page: 11 437 not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project. Procurement documentation supporting maximum open competition must be submitted to the Division for review and approval prior to execution of project contracts. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 may be conducted at the Grantee's discretion using good purchasing practices in accordance with Rule 60A-1.002, Florida Administrative Code. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition such as written quotations and informal bids and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document in accordance with Rule 60A-1.002, Florida Administrative Code. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document in accordance with Chapter 287, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prolubition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the Page: 12 MV standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42 U.S.C. 12101, et seq.), which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Restrictive Covenants. For Acquisition and Development projects directed at Real Property, if funded, the Grantee (and the Property Owner, if not the Grantee) must file a Restrictive Covenant on the property with the Clerk of Court for ten (10) years for Development and twenty (20) for Acquisition prior to final release of grant funds and close-out of the project. 44. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget (Attachment A) c) Single Audit Act Requirements and Exhibit I (Attachment B) Page: 13 O In acknowledgment of this grant, provided from funds appropriated in the 2023 General Appropriation Act, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: Grantee: LN Division Director Date By: Authorizing Official for the Grantee Typed name and title Date Page: 14 ..R ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In IKind Match Conditions & Structural Assessment $7,500 $7,500 $0 Hazardous Materials/Pest Assessment $2,500 $2,500 $0 Summary Report, Materials & Construction Methodology $3,250 $3,250 $0 Elevation Renderings $1,000 $1,000 $0 Totals $14,250 $14,250 $0 Page: 15 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EMBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained Page: 16 442 from other than federal entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) hM Y/www.nL)&Qridacfo.coni/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) hJW J/www.leg. state, flus/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: Page: 17 443 A. The Department of State through the httpsJ/dosgmnts.con / grants management system. B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. 2. Copies of financial reporting packages required by Part H of this agreement shall be subrritted by or on behalf ofthe recipient directly to each of the following A The Department of State through the httpsJ/dosgrants.com/ grants management system. B. The Auditor General's Office at the following address: Auditor General Local Goverment Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httpsJ/flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. 3. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. 4. Recipients, when submdting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit orgu>i2ations), Rules ofthe Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanymg the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 18 I EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Appheable COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Historic Preservation Grants, CSFA Number 45.031. Award Amount is $14,250. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located athUPs;UAPps.f1df§.com/fs Grant Award Agreement (Form GAA001), Effective 06/2022 Rule 1A-39.001, Florida Administrative Code Page: 19 445 GRANT NAME: Kroegel Homestead Historic Structures, Conditions Assessment GRANT # AMOUNT OF GRANT: $14,250 23.h.sm. 100.125 DEPARTMENT RECEIVING GRANT: Parks - Conservation Lands CONTACT PERSON: Wendy Swindell TELEPHONE: 2261781 1. How long is the grant for? 1 year Starting Date: 07/01/2022 2. Does the grant require you to fund this function after the grant is over? Yes X No X Regular Salaries 3. Does the grant require a match? Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 100 Retirement — Contributions 4. Percentage of match to grant % Insurance — Life & Health 012.14 Worker's Compensation 5. Grant match amount required $14,250 S/Sec. Medicare Matching 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? TOTAL Cash Match $ o 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ $ o (Attach a detail listing of costs) Fifth Year 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $o Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ o TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: 08/08/2022 446 Grant Amount Other Match Costs Not Covered Match Total First Year $14,250 $ $14,250 $28,500 Second Year $o $ $o $0 Third Year $ o $ $ o $ o Fourth Year $ o $ $ o $ o Fifth Year $o $ $o $o Signature of Preparer: Date: 08/08/2022 446 � 'E* �y INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM s # Assistant County Administrator / �� cixCa� Department of General Services Parks and Recreation Date: July 26, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristen Daniels, Budget Director From: Beth Powell, Director Parks and Recreation Subject: Work Order Number 26, Amendment No. 1— Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley- Horn and Associates, Inc., and on May 18, 2021, Renewal and Amendment No. 1 was executed for continuing engineering services. On November 5, 2019, the Board Approved Work Order Number 26 for Kimley-Horn and Associates in the amount of $8,600 under the Continuing Consulting Engineering Services Agreements for RFQ 2018008, Renewal and Amendment No. 1. This Amendment Number 1 to Work Order 26 will provide for permit application preparation and supporting documentation for the Indian River County Utility Connection permits, as well as for an Indian River County building permit for the construction of the restroom. The total of the Work Order and this Amendment Number 1 will total $12,400. FUNDING: Funding for Amendment No. 1 to Work Order Number 26 is budgeted and available in the Optional Sales Tax/Parks/Hosie Schumann Park Restroom account, number 31521072-066390- 18011 in the amount of $3,800. Description I Account Number Amount Optional Sales Tax/Parks/Hosie Schumann Park Restroom 31521072-066390-18011 $3,800 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 26, Amendment No. 1 for permitting services associated with the Hosie Schumann Park Restroom Connections and Utility -l/ Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 26. ATTACHMENT: Amendment No. 1 to Work Order Number 26, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 — Hosie Schumann Park Renovations, Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. APPROVED AGENDA ITEM FOR AUGUST 16, 2022 AMENDMENT 1 TO WORK ORDER 26 HOISE SCHUMANN RENOVATIONS, RESTROOM CONNECTONS AND UTILITY SERVICE PLANS This Amendment 1 to Work Order Number 26 is entered into as of this 16th day of August 2022, 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 26, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 26 as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Print Name: Brian Good, P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Title: Principal 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 AtMAY EXHIBIT A—SCOPE OF WORK Kimley-horn understands that the client desires to move forward with the previously prepared plans for the project. No changes to the previous plans are anticipated as part of this scope. Previously Kimley-Horn had permitted the design plans and received all necessary approvals. Kimley Horn understands that the IRC Utility Connection Permit has expired. Task 3 - Permitting As part of this scope Kimley Horn will prepare applications and supporting documentation for the Indian River County Utility Connection Permit which had expired, to construct the new restroom facility and utility services to both the eastern existing restroom facility and the new restroom facility. Kimley-Horn will submit for a utility construction permit for potable water and sanitary sewer. This application will consist the equivalent residential use determination, projected water and sewer flows and associated plans. Due to the limited nature of the work, Kimley Horn does not anticipate more than one round of comments. Kimley-Horn will respond to up to one round of comments from the permitting jurisdictions above as part of this task. This task also consists of the effort to prepare application and supporting information to submit for an Indian River County building permit. Kimley-Horn understands that this will be a prefabricated building and that there will not be an architect assigned to the project. This task assumes that the building plans and any necessary revisions will be made by the building prefabricated manufacturer. Kimley-Horn will assist the County with preparation of a comment response letter in coordination with the building prefabricated manufacturer, to up to one round of comments from the building department. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Permitting $ 3,800 EXHIBIT C—TIME SCHEDULE Upon authorization to proceed bythe COUNTY, final design documents are expected to take approximately thirty (30) days from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Plans Preparation 30 days following NTP 450 �YR_ CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 2, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of RFP 2022059 for Concession Services BACKGROUND: On behalf of the Parks and Recreation Division, a Request for Proposals (RFP) was issued for qualified food service vendors capable of providing mobile food concession services ("Concession"), primarily at North County Aquatic Center ("NCAC"), Gifford Aquatic Center ("GAC'), Intergenerational Recreation ("IG") Facility, Dick Bird Park, and Fran B. Adams Park. Additional sites and events may be added, as needed. The services are needed to fill the demand for food, beverages and snacks at the various facilities during scheduled hours of operation and/or special tournaments and events. 1e7d!AIJMI76ILIC Advertising Date: June 24, 2022 RFP Opening Date: July 20, 2022 Solicitation Broadcast to: 116 Subscribers RFP Documents Requested by: 4 Firms Replies: 1 Firm (Treasure Coast Concessions) ANALYSIS: A selection committee comprised of Beth Powell, CPRP, Parks and Recreation Director, David Smith, Aquatic System Manager, Joe Tilton, Recreation Programs Manager, Gustavo Vergara, Assistant Parks and Recreation Director, and Paige Devling, Recreation Facilities Supervisor independently reviewed the received proposal in accordance with the RFP document and Purchasing Manual. The committee then met to discuss the proposal, and agreed the sole proposer met the RFP requirements, and is qualified to complete the project. Treasure Coast Concessions ("TCC') has been providing concession services at various County facilities for 10 years, primarily at the NCAC. Staff has been satisfied with the performance of TCC and expects that level of service to continue under this agreement. The term of award is proposed at three years, with two one-year renewals available. 451 CONSENT FUNDING: There are no expenses to the County in relation to this agreement. Revenues for the flat fee concession payments will be deposited in the following accounts: Facility GL Account FY Revenue to Date Anticipated Revenue next FY Gifford Aquatic Center 004034-347280 $472 $5,000 North County Aquatic Center 004034-347272 $2,362 $20,250 Intergeneration Facility 004034-347282 $966 $2,400 North County Ballfields 004034-347276 $107 $780 Dick Bird Ballfields 004034 -347273 $1,118 $2,400 Special Events 004034-347277 1 $15 $1,000 RECOMMENDATION: Staff recommends the Board award RFP 2022059 to Treasure Coast Concessions, approve the sample agreement, and authorize the Chairman to sign after the County Attorney has approved it as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager, and after the Concessionaire has provided evidence of enrollment in E -verify. ATTACHMENT Sample Agreement 452 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 COUNTY) and Treasure Coast Consulting, Inc. DBA Treasure Coast Concessions (hereinafter called CONCESSIONAIRE). COUNTY and CONCESSIONAIRE, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK Concessionaire shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Concession services 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: Concession Services at County Recreation Facilities RFP Number: RFP 2022059 Project Address: Primarily at the North County Aquatic Center ("NCAC") located at 9450 95th Street (CR 512), Sebastian, Florida, Gifford Aquatic Center ("GAC') at 4895 43rd Ave, Vero Beach Florida, Intergenerational Recreation ("IG") Facility located at 1590 9th Street SW, Vero Beach, Florida, and Dick Bird Park at 800 20th Ave SW and Fran B. Adams Park at 9450 CR 512, Sebastian, Florida. Additional sites and events may be added, as needed. ARTICLE 3 - CONTRACT TERM The term of this agreement is three years ("Initial Term"), with two one-year extensions ("Renewal Terms") subject to CONCESSIONAIRE acceptance and determination renewal is in the best interest of the County. The parties may agree to alter time periods and locations at which food service will be provided at one or more of the Parks during those times of year when park attendance is low or minimal. The County shall make the ultimate determination in its sole discretion as to whether Concessionaire is permitted to provide concession services on any County owned property. ARTICLE 4 - PAYMENTS Concessionaire shall pay the County a flat daily fee ("License Fee") by location, as detailed in their proposal and summarized in the following table. The License Fee shall be due at the close of business by the 7th business day of each applicable month (the "Due Date"). License Fee payments will be made by business check and will be mailed or given directly to the Indian River County Recreation Department, 1800 27th Street, Vero Beach, Florida 32960-0310, on the Due Date. Payment shall be past due after the 7th business day of each month, with a $10 penalty assessed for each day payment is delinquent. 453 ARTICLE 5 — ACCOUNTING PROCEDURE Concessionaire will provide a monthly worksheet for each location showing days worked and fee calculation, which will be reviewed by County. ARTICLE 6 - USE OF PREMISES Concessionaire shall operate the Concession, which Concession shall be limited solely to the sale of menu items approved by the Indian River County Parks and Recreation Director, or designee. No other goods or services shall be offered or sold by the Concessionaire without the prior written approval of the Indian River County Parks and Recreation Director, or designee. It is specifically agreed and understood that the use herein set forth shall be the only use allowable under the Agreement and that any variance in such use shall require the written consent of the County. The location of the Concession at each of the Parks shall be determined by the County in its sole discretion. The Concession may not operate after the general hours of operation of the Parks unless the County provides otherwise. Periodically, the North County Aquatic Center closes for swim meets and other private functions not open to the general public, and Concessionaire agrees that Concession will not be open during those times, unless otherwise agreed by the parties. County may utilize, and/or allow patrons renting a facility to utilize, other food service vendors. Additionally, vending machines are or may be in place at various sites, and will not be powered off, altered or blocked from use in favor of Concessionaire. Finally, patrons will not be prohibited from bringing their own food and beverages, unless in violation of the use allowed at the facility. ARTICLE 7 - DUTIES OF CONCESSIONAIRE Concessionaire agrees as follows: To maintain an inventory sufficient to satisfy the demands and needs of the public. b. To secure and maintain all licenses, insurance, and permits required and to pay when due all taxes and assessments which shall be imposed or assessed by governmental units in connection with the business or operation conducted pursuant to the provisions of this Agreement and to otherwise comply with all applicable laws, ordinances, rules, regulations, or policies established by the County or local, state and federal governmental unit or authority. C. To provide service to the public in accordance with an operating schedule approved by the Indian River County Parks and Recreation Director, or designee, for the period of the Initial Term or Renewal Term, as applicable, of this Agreement. Said schedule shall not be modified or altered without written approval of the Indian River County Parks and Recreations Director, or his designee. The cost to purchase the food items shall be posted and in full view of the public. d. To maintain equipment in good working condition and appearance of equipment must meet standards that will not conflict with the overall decorum of the Parks. e. To have background checks completed on every new employee to ensure the safety of the public. f. To establish rules regarding customer service if and when required, subject to approval of the Indian River County Parks and Recreation Director, or designee. g. To maintain good public relations, to conduct said Concession in a manner which is courteous and fair to the public and to be responsive to customer's requests and complaints. h. To cooperate fully with County officials in all matters relating to the Concession and the recreation complex of which they are a part. To purchase and install any equipment required for operation of the Concession. j. To notify the County immediately in writing of any potentially hazardous condition existing on or about the Concession or the Parks. ARTICLE 8 — DUTIES OF COUNTY County agrees as follows: To make available to Concessionaire water and electricity connections for operation of the Concession. b. To provide adequate collection and disposal of garbage by a dumpster located on site. C. To provide access to the Parks during normal operating hours to the best of its ability, subject to the right of the County or any other governmental authority to temporarily restrict or deny access to said facility for the purpose of constructing, installing, operating or maintaining any public facility, including, but not limited to, public works and public utilities, or for the purpose of performing any other governmental function. The Indian River County Parks and Recreation Director, or his designee, shall administer the County's interest in said Concession. ARTICLE 9 — MISCELLANEOUS 10.1 Improvements. Concessionaire agrees that improvements made by him/her shall be at his/her expense and shall have the prior written approval of the Indian River County Parks and Recreation Director, or designee, 3 455 and all regulatory agencies where applicable. 10.2 Indemnification and Insurance. Concessionaire shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the Concessionaire, or its employees, agents, subcontractors, or other persons or entities performing work under this Agreement. The Concessionaire agrees to provide and maintain at all times during the Term , and if applicable, the Renewal Term of this Agreement, without cost or expense to the County, policies of insurance generally known as comprehensive general liability policies insuring the Concessionaire against any and all claims, demands, or clauses of action whatsoever for the injuries received and damage to property incurred in connection with the use, occupation and management or control of the property and any improvements thereon by Concessionaire. Such policies of insurance shall insure the Concessionaire in the amount not less than $1,000,000.00 to cover any and all liability claims arising in connection with any particular accident or occurrence. Such liability policies shall provide that the County is an additional insured. The County shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of such action. The Concessionaire shall provide the described insurance on policies and with insurers acceptable to the County and licensed and authorized under the laws of the State of Florida. These insurance requirements shall not relieve or limit the liability of the Concessionaire. The County does not in any way represent that these types or amounts of insurance are sufficient or adequate to protect the Concessionaire's interest or liabilities, but are merely minimums. A certificate of insurance indicating that the Concessionaire has coverage in accordance with the requirements of the Agreement shall be furnished by the Concessionaire to the Indian River County Parks and Recreation, prior to commencement of operations in the Parks. All personal property housed or placed at the Parks shall be at the risk of Concessionaire, and the County shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. The Concessionaire agrees and understands that the County does not and shall not carry liability, fire, or theft insurance on the operation of these facilities to cover the Concessionaire's interest therein. The Concessionaire further agrees and understands that no storage will be made available for his/her use, unless a negotiated monthly rent has been negotiated [if agreement is for Commissioner Fran B. Adams Park, NCAC or GAC]. 10.3. Covenants Against Assignment and Subletting. The Concessionaire shall not assign any portion of the Agreement nor allow same to be assigned by operation of law without the express written approval of the County. 10.4 Independent Contractor. The Concessionaire shall perform the conditions of this Agreement as an independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status. Nothing in the Agreement shall be in any way construed to constitute the Concessionaire or any of his agents or employees as the agent, employee, or representative of the County. 10.5 Additional Locations. Upon written agreement by the parties, this Agreement may include additional concession locations at various other county parks. The terms of this Agreement shall form the basis of any future 456 written document, notwithstanding that a different term, location, and hours of operation would apply. 10.6 Attorney's Fees. In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attorney's fees and costs. 10.7 Concessionaire 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. Concessionaire is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 10.8 Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida. 10.9 Venue. Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida, and any trial shall be non -jury. 10.10 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) month from the date of being placed on the convicted vendor list. Concessionaire represents and warrants that no fact or circumstance exists which constitutes a violation of the above prohibitions. 10.11 Modification. No modification of this Agreement shall be binding on the County or the Concessionaire unless reduced to writing and signed by a duly authorized representative of the County and the Concessionaire. 10.12 Emergencies. In the case of a declared emergency in Indian River County by the Board of County Commissioners, the County retains the right to immediately resume occupation, management, and maintenance of the facility, to use the facility to meet any emergency needs of the citizens of Indian River County for the period of that emergency and a reasonable period of time thereafter as deemed necessary by the County. 10.13 Force Majeure. Neither the County nor the Concessionaire shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after the effective date of this Agreement. An "Event of Force Majeure" shall include, but not be limited to an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellions, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of any supplier or of its subcontractors; or acts or threats of terrorism. 10.14 Public Records Compliance. Indian River County is a public agency subject to Chapter 119, Florida Statutes. MYA The Concessionaire shall comply with Florida's Public Records Law. Specifically, the Concessionaire shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Concessionaire 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 Concessionaire or keep and maintain public records required by the County to perform the service. If the Concessionaire transfers all public records to the County upon completion of the contract, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Concessionaire keeps and maintains public records upon completion of the contract, the Concessionaire 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 CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'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 Concessionaire to comply with these requirements shall be a material breach of this Agreement. 11: TERMINATION OF CONTRACT This Agreement may be terminated by the County in its sole discretion and shall be effective immediately upon written notice to Concessionaire. Upon termination of this Agreement, the Concessionaire shall immediately remove any personal property. Any property not removed within five (5) days after termination shall become the property of the County. Concessionaire certifies that it and those related entities of respondent 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 respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 2022. OWNER: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator CONCESSIONAIRE: Treasure Coast Consulting, Inc. DBA Treasure Coast Concessions By: (Concessionaire) (CORPORATE SEAL) Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (If Concessionaire is a corporation or a partnership, attach evidence of authority to sign.) By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell Title: Parks and Recreation Director Address: 1800 27th Street, Vero Beach, FL 32960 Phone: 772.226.1873 Email; bpowell@ircgov.com Designated Representative: Name: Thomas J. Burger Title: President Address: 2585 Little Eagle Lane SW Vero Beach, FL 32962 Phone: (772) 453-9322 Email: tjburger60@yahoo.com 7 459 August 12, 2022 Sheriff Eric Flowers Indian River County Sheriff's Office The Honorable Peter D. O' Bryan Indian River Board of County Commissioners 180127th Street Vero Beach, FL 32960-3388 Re: Forfeiture Trust Fund Dear Chairman O'Bryan: u�o 1 (o 1,2-b -2-Z Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for providing additional equipment and may not be used to meet normal operating expenses of the law enforcement agency. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Additionally, the statute requires that no less than 25% of forfeiture proceeds within a fiscal year must be expended or donated to support the operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer programs. The law enforcement agency has the discretion to determine which progam(s) will receive the designated proceeds. Pursuant to the above statute, I am requesting that $161,900 from our Law Enforcement Trust Fund be used to purchase equipment and support the programs and agencies listed below: $152,400 to be used for the purchase of equipment and protection for both Law Enforcement and Corrections, as well as life-saving supplies for the Indian River County public. $1,000 will go to the Executive Roundtable of Indian River County, Inc. Their mission is to identify solutions that will protect and enhance the lives of Indian River County children, individuals, families, and seniors. $1,000 will go to Treasure Coast Crime Stoppers to help solve crimes. Approximately 22% of all tips result in arrests. Currently, many leads are being investigated. $1,000 will go to A Child is Missing to support their high-speed telephone alert system. This alert system is initiated within Indian River County when a child is reported missing. $1,000 will go to the Mental Health Collaborative. Their mission is to establish a continuation of care for mental health. Their goal is to increase access, decrease duplication and facilitate community wide support of mental health issues. This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice.-/ �/ $1,000 will be used to support the annual Florida Missing Children's Day ceremony. This statewide ceremony honors police officers and civilians that have assisted in missing children cases and raises statewide awareness to help prevent abduction and sexual exploitation. $1,000 will go to Childcare Resources of Indian River County. Their mission is to ensure the availability and affordability of high-quality early childhood and family support programs for children of income eligible working families in Indian River County. $1,000 will go to the Pastoral Association of Indian River County. The Pastoral Association works within the community to provide guidance to address community issues. It has a relationship with the Sheriff's Office as well as clergy within the community. $1,000 will go to SafeSpace. They provide emergency shelter and outreach services to victims of intimate partner violence and have had a longstanding relationship with the Sheriff's Office and their victim advocates. $500 will go to the Florida Agricultural Crimes Intelligence. Their mission is to promote and facilitate the exchange of agricultural related intelligence to law enforcement officers specializing in agriculture crime investigations in the State of Florida. $500 will go to the Florida Crime Prevention Association. Their mission is to provide up-to-date training and networking opportunities with other agencies in an effort to enhance the crime prevention profession in the State of Florida $500 will go to the Florida FBI National Academy Associates. It is a non-profit, international organization of 17,000 senior law enforcement professionals dedicated to providing communities, states, countries, and profession with the highest degree of law enforcement expertise, training, education and information Please place this item under Constitutional Officers for the August 16, 2022 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. Sincerely, Eric Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 200S This document was created by an application that isn't licensed to use novaPDF. �50/ Purchase a license to generate PDF files without this notice. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: August 5, 2022 SUBJECT: Jan Jelmby's Request for Abandonment of a 30' Wide Unimproved, Unnamed Right -of -Way, West of Lots 40-43 in the Espy's Subdivision [ROWA-21-12-02 / 2016030081 - 90928] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2022. DESCRIPTION AND CONDITIONS: Jan Jelmby is requesting abandonment of a 30' wide unimproved, unnamed right-of-way, west of Lots 40-43 in the Espy's Subdivision. This segment of right-of-way is a stub -out from Old Dixie Highway that dead -ends, and was supposed to provide access to the parcel directly to the east of it. The applicant is requesting the abandonment to increase their overall project site area (3 990 Old Dixie Highway). The applicant has also coordinated with the County Attorney's Office to acquire a small triangle shaped parcel (Parcel 54.0) that is currently owned by the County. On March 8, 2022, the Board of County Commissioners (BCC) approved an agreement to sell the triangle parcel to the applicant, subject to the BCC's approval of the subject right-of-way abandonment request. The intent is to combine the newly acquired property (i.e. the triangle parcel and abandoned right- of-way area) with the project site to the east, thus creating a larger project site that will have convenient and direct driveway access to Old Dixie Highway. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified by mail each property owner adjacent to the subject right-of-way. No questions or responses were received from any adjacent property owners. Additionally, all County divisions and utility providers having jurisdiction or potential interests have reviewed the abandonment request and support the request. At this time, the applicant requests that the subject portion of right-of-way be abandoned. ANALYSIS: Consistent with guidelines established by the BCC, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject 30' wide C:\Granicus\Legistar5\L5\Temp\2951e536-0284-464f-8ae4-7d3590946cOd.docx Page 1 of 2 unimproved, unnamed right-of-way, west of Lots 40-43 in the Espy's Subdivision. Upon review, all reviewing departments recommended approval, to support the request for abandonment. Therefore, all departments support the request for abandonment, and no easements are being retained within any portion of the area being abandoned. If approved, the abandonment request will increase the buildable area of the applicant's project site, and will provide the project site with convenient and direct access to Old Dixie Highway. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. The abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution 461 C:\Granicus\Legistar5\L5\Temp\2951e536-0284-464f-8ae4-7d3590946cOd.docx Page 2 of 2 a POP*, .. 1s` N It RESOLUTION 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 30' WIDE UNIMPROVED, UNNAMED RIGHT-OF-WAY, WEST OF LOTS 40 THROUGH 43 IN THE ESPY'S SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Jan Jelmby on September 27, 2021, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of a 30' wide unimproved, unnamed right-of-way, west of Lots 40-43 in the Espy's Subdivision located in Indian River County, Florida.; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right- of-way is not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: ALL OF THE ROAD RIGHT OF WAY LYING BETWEEN LOTS 40-43 AND LOT 54 AS SHOWN ON THE PLAT OF ESPY'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 36 OF THE PUBLIC RECORDS OF ST. LUCIE CO., FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO., FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN ANGLE POINT IN THE CENTERLINE OF OLD DIXIE HIGHWAY AT STATION 29+84.73 AS SHOWN ON THE PLAT OF INDIAN RIVER COUNTY, BOARD OF COUNTY COMMISSIONERS, RIGHT-OF-WAY MAP, OLD DIXIE HIGHWAY, US 1 TO 69TH STREET, AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FILED IN PLAT BOOK 24, PAGE 81 THENCE; ALONG SAID CENTERLINE SOUTH 21°19'32" EAST FOR 20.67 FEET THENCE; NORTH 68°40'28" EAST TO THE EAST RIGHT OF WAY OF SAID OLD DIXIE HIGHWAY FOR 33.00 FEET ALSO BEING THE SOUTHERN MOST POINT OF LOT 54 OF SAID ESPY'S SUBDIVISION TO THE POINT OF BEGINNING THENCE; ALONG THE EAST LINE OF SAID LOT 54 NORTH 00'16'49" WEST TO THE NORTHEAST CORNER OF SAID LOT 54 FOR 81.89 FEET THENCE; TO THE NORTHWEST CORNER OF SAID LOT 40 SOUTH 89056'04" EAST FOR 30.00 FEET THENCE; ALONG THE WEST LINE OF SAID LOTS 40 TO 43 SOUTH 00016'49" EAST TO THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY FOR 463 Attachment 2 RESOLUTION 2022- 159.86 FEET THENCE; ALONG SAID HIGHWAY NORTH 21019'32" WEST FOR 83.54 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 0.08 ACRES MORE OR LESS (3,623.5 S.F.) 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject portion of right-of-way that is located immediately west of Lots 40 and 41 (combined) shall revert entirely to and be absorbed into Lots 40 and 41 (combined) in the Espy's Subdivision in Indian River County, Florida. 6. The subject portion of right-of-way that is located immediately west of Lots 42 shall revert entirely to and be absorbed into Lot 42 in the Espy's Subdivision in Indian River County, Florida. 7. The subject portion of right-of-way that is located immediately west of Lots 43 shall revert entirely to and be absorbed into Lot 43 in the Espy's Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner _ its adoption. The motion was seconded by Commissioner. to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss who moved and upon being put The Chairman thereupon declared the resolution duly passed and adopted this day of , 2022. 464 Attachment 2 RESOLUTION 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller :• Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2022. Notary Public APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP, Community Development Department 465 Attachment 2 E x �1 113 1 30.00' ` 58q'5G'04"E _ �24.0' LOT5 �1'av 10054.0 Z N� OCOPs�w t EmrF B�IATDNS WTERLn8 ` ,�d, \ r DEEDD 1 �6; k O Fr. Paa PAC. R/W PAGE Fm WT IF 8EGMIM POINT IF Com"DLIElENi RIGIft1F-WAY S. Sr. SOUTH SQUARE FEET 70 STAET . STATIM V. VEST � COHNNED UITS r J l9 an A At ; FAK- 0000 1 50000 1\ OOOLO j — t M T 5 OF P L.4T--, — — — — — --- — — — — LOT 40 -------------------i------------- a- �° LOT 41 O d 's 39TH STREET LOT 42 LOT 43 LEGAL DE5GRIPTION3 ALL OF THE ROAD RIGHT OF WAY LYING BETWEEN LOTS 40-43 AND LOT 54 AS SHOWN ON THE PLAT OF E5PY'5 SUBDIVISION ACCORDING TO THE PLAT THEREOF A5 REGORDED IN PLAT BOOK 2. PAGE 3G OF THE PUBLIC RECORDS OF ST. LUCIE GO.. FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO.. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, GOMMENGING AT AN ANGLE POINT IN THE GENTERLINE OF OLD DIXIE HIGHWAY AT STATION 2q+84.73 AS SHOWN ON THE PLAT OF INDIAN RIVER COUNTY. BOARD OF COUNTY COMMISSIONERS: RIGHT-OF-WAY MAP. OLD DIXIE HIGHWAY. U51 TOOgTH STREET. AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. FILED IN PLAT BOOK 24. PAGE 81 THENCE, ALONG 5AJD CENTERLINE SOUTH 21'19'32' EAST FOR 20.67 FEET THENCE, NORTH 68'40'28' EAST TO THE EAST RIGHT OF WAY OF SAID OLD DIXIE HIGHWAY FOR 33.00 FEET AL50 BEING THE SOUTHERN M05T POINT OF LOT 54 OF SAID ESPY'S SUBDIV15ION TO THE POINT OF BEGINNING THENCE, ALONG THE EAST LINE OF SAID LOT 54 NORTH 00'16'49' WEST TO THE NORTHEAST CORNER OF SAID LOT 54 FOR 81.8q FEET THENCE, TO THE NORTHWEST CORNER OF SAID LOT 40 SOUTH 8q'5G'04' EAST FOR 30.00 FEET THENCE, ALONG THE WEST LINE Of SAID LOTS 40 TO 43 SOUTH 00'1G'4q' EAST TO THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY FOR 159.86 FEET THENCE, ALONG SAID HIGHWAY NORTH 21'iq'32' WEST FOR 83.54 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING O.OB AGRE5 MORE OR LESS 03.623.5 S.F.) f /1 WILLIAM E. kiAYH�=7RST 5 �r PPCOP'1Q9QSONAL 18VStPmYOR 3LA.PPER DA E 6z GSIS9.D rzo3gmA Rmc&xmwztA=o2q xvo 4418 KNU Engineering & Surveying, LLC THIS DRAWING AND COPIES THEREOF ARE NOT VALID Consulting Engineers & Surveyors WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL 234514th Ave S.H. 7 Va Borah, Fl. 32960 OF A FLORIDA LICENSED SURVEYOR AND MAPPER, P'*" ........ paz: (773) 77D$446 E -Man: aurvayQkuaR.com KMACertificate of Authorization N-1,cv: L.B. 8351 ENCINEEf W10 6 9URVEYIHO L-1- 511'iq'32'E 20.c7* L-2- NG6*40'26'E 33.00' *5KETGH 15 NOT A V Svc'rruI PATE- Attachifignt 2 Treasure Coast Newspapers PART OF T1 JE USATODAY 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 beer 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 07/3112022 n Subscribed and sworn to before on Ai;pust 1, 2022: s Notary. State of All County of/fBrown My commission expires Z HL LLENotary Publicte of \N isconsin Publication Cost: 5126.54 Ad Na 0005345084 Customer No. 1310785 PO #: * of Affidavits 1 NOTICE OF PUBLIC HEARING - ABANDONMENT This is notice of a public hear- ing of the Indian River County Board of County Commission- ers to consider Jan Jelmby's request for abandonment of a portion of a 30' wide unim- proved, unnamed right-of- way per the plat of the Espy Subdivision per St. Lucre County Plat Book 2, Page 36; said lands now lying and be- ing in Indian River County, Florida. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, Florida, in the County Com- mission Chambers of the County Administration Build- ing, located at 1801 271th Street, Vero Beach, Florida on Tuesday, August 16, 2022 at 4:00 a.m. Please direct planning -related questions to the Current De- velopment Planning Section at 772-226-1003. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex_ Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to ap- peal any derision, which mayy be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the aooeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON TACT THE COUNTY'S AMERI- CANS WITH DISABILHIL5 ACT (ADA) COORDINATOR AT 772- 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMI5- SIONERS BY -s- Peter D. O'Bryan, Chairman Pub: July 31, 2022 TCN 467 Jelmby ROW Abandonment Board of County Commissioners August 16, 2022 Location Map Summary • All reviewing departments have reviewed and recommended abandonment • Not needed for County roadway or access to any surrounding properties • No easement required • Applicant has also coordinated to purchase the County - owned parcel west of the ROW abandonment area. Staff Recommendation Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. 4 IeA� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: August 5, 2022 SUBJECT: Coalition for Attainable Homes, Inc.'s Request for Abandonment of the West 30' of the 130' wide, 100' Long Segment of 32nd Avenue Right -of -Way, East of Lot 21 in the Reedwood Subdivision [ROWA-22-08-01 / 2022040010 - 92475] (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2022. DESCRIPTION AND CONDITIONS: Coalition for Attainable Homes, Inc. is requesting abandonment of the west 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way, east of Lot21 in the Reedwood Subdivision (see Attachment 1). This 30' by 100' unimproved portion of the 32nd Avenue right-of-way was originally going to be used as 32nd Avenue. The area where 32nd Avenue is currently constructed was going to be a stormwater pond between Lots 8-10 and Lots 21-23 according to the plat of the Reedwood Subdivision. The stormwater pond was not constructed and 32nd Avenue was built in its place, thus negating the need for the placement of 32nd Avenue as shown on the plat of the Reedwood Subdivision. The parcel owner to the west is requesting the abandonment to further their development area for the construction of an affordable housing project (a triplex building). As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified by mail each property owner adjacent to the subject right-of-way. No questions or responses were received from any adjacent property owners. Additionally, all County divisions and utility providers having jurisdiction or potential interests have reviewed the abandonment request and support the request. At this time, the applicant requests that the subject portion of right-of-way be abandoned. ANALYSIS: Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the west 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way, east of C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@901BD42E\@BCL@901BD42E.docx 468 Page 1 of 2 Lot21 in the Reedwood Subdivision. Upon review, all reviewing departments recommended approval, to support the request for abandonment. Therefore, all departments support the request for abandonment, and no easements are being retained within any portion of the area being abandoned. If approved, the abandonment request will increase the buildable area for the applicant's property and will provide an opportunity for an affordable housing project to be built on the adjacent project site. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. The abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@901BD42E\@BCL@901BD42E.docx 469 Page 2 of 2 RESOLUTION 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE WEST 30' OF THE 130' WIDE, 100' LONG SEGMENT OF 32ND AVENUE RIGHT-OF- WAY, EAST OF LOT 21 IN THE REEDWOOD SUBDIVISION LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Coalition for Attainable Homes, Inc. on May 6, 2022, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and of the west 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way, east of Lot 21 in the Reedwood Subdivision located in Indian River County, Florida.; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right- of-way is not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: A PORTION OF REEDWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 21 OF SAID REEDWOOD SUBDIVISION; THENCE NORTH 89°54'09" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 21, A DISTANCE OF 30.00 FEET, TO A POINT, SAID POINT BEING 35 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE CENTER LINE OF 32ND AVENUE AS SHOWN ON THE SAID PLAT OF REEDWOOD SUBDIVISION; THENCE SOUTH 00°00'44" WEST AND PARALLEL WITH THE SAID CENTER LINE, A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 21; THENCE SOUTH 89°54'09" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE NORTH 00°00'44" EAST ALONG THE EAST LINE OF SAID LOT 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,000 S.F. MORE OR LESS. 471 Attachment 2 RESOLUTION 2022- 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. S. The subject right-of-way shall revert entirely to and be absorbed into Lot 21 of the Reedwood Subdivision in Indian River County, Florida. The foregoing resolution was offered by Commissioner _ its adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss who moved and upon being put The Chairman thereupon declared the resolution duly passed and adopted this day of 52022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk State of Florida County of Indian River Attachment 2 472 RESOLUTION 2022- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS :• Phillip J. Matson, AICP, Community Development Department Notary Public 473 Attachment 2 Exhibit A Legal Description & Sketch for a Right -of -Way Abandonment at the Reedwood Subdivision, Lot 21 Site Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets UNPLATTED O.R.B. 2317, PAGE 906 I e� Co N", i= y LOT 22r2•, LOT 21rn LOT 20 � o ro N SE CORNER LOT 21 POINT OF BEGINNING N00 00'44"E 100.00' NE CORNER LOT 21 ell 1' D 1 °� w o` o p CS SOO 00'44"W 100.00' w b 32ND AVENUE _ R/_W VARIES CENTER LINE LEGAL DESCRIPTION & SKETCH Drawn by:l "This is NOT a Boundary Survey" I BMM Masteller, Moler & Ttkylor, Inc. PROFESSfONAL SURVEYORS AND MAPPERS I�V I LAND SURVEYfNG BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 eked by File name Date Scale Drawing Name DMT 8136 6/3/2022 1"=308136-rw-aband.dwg IrYW c� s _ o :�. Attachment 2 Treasure Coast Newspapers PART OF THE 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. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 07/31/2022 r -f Subscribed and sworn to before on Augttgl 1. 2022: Notary, State of WI, County of Brown My commission expires KAT H L E E N ALLEN Notary Public State of Wisconsin Publication Cost: S129.96 Ad No: 0005349781 Customer No. 1310785 PO #: # of Affidavits 1 NOTICE OF PUBLIC HEARING — ABANDONMENT This is notice of a public hear- ing of the Indian River County Board of County Commission- ers to consider a request by Coalition for Attainable Homes, Inc, for abandonment of a portion of a 30' wide un- improved, unnamed right-of- way per the plat of the Reedwood Subdivision Plat Book 3, Page 83; said lands ly- ing and being in Indian River County, Florida. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, Florida, in the County Com- mission Chambers of the County Administration Build- ing, located at 1801 27th Street, Vero Beach, Florida on Tuesday, August 16, 2022 at 9:00 a.m. Please direct planning -related auestions to the Current De- velopment Planning Section at 772-226-1003. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to ap- peal any decision, which may be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772- 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET - I NG. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Peter D. O'Bryan, Chairman Pub: July 31, 2022 TCN5349781 475 CFAH Triplex Right -of -Way Abandonment Board of County Commissioners August 16, 2022 Location Map Al Z�15 -1 k Al Z�15 -1 Summary • All reviewing departments have reviewed and recommended abandonment • Not needed for County roadway or access to any surrounding properties • No easement required Staff Recommendation Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. 4 /o6 1 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: Erin L. Deady, P.A. 54 1/2 SE 6th Avenue, Delray Bch 33483 PHONE: ADDRESS: SUBJECT MATTER FOR DISCUSSION: 954-593-5102 Commercial Property Assessed Clean Energy IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES NO WHAT RESOLUTION ARE YOU Authorization of Commercial PACE REQUESTING OF THE COMMISSION? F7NOE NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 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 No County funds COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 8/16/2022 BUT Commercial Proaerty Assessed Energy NA...._0__. Voluntary financing program for new construction or improvement projects or refinancing on commercial properties (including multifamily): ✓ Energy Efficiency measures + Water Conservation measures with energy savings impact ✓ Renewable Energy ✓ Wind Resistance • Repayment is attached to the property through a lien and repaid as a non -ad valorem assessment on annual tax bill • Fixed terms / rates not to exceed the "useful life" of the improvement • Uniform Method of Collection Agreement with Tax Collector for levy/collection of assessment • 4 Multi -jurisdictional "PACE Programs" are collaboratives of local governments that have joined that specific program pursuant to Section 163.01, F.S. (Intergovernmental Coordination Act) creates financing/capital options for developers of projects and can facilitate projects that may need those additional options. CAN be a job creator in construction industry depending on program demand.' nt ytr. helps local governments achieve sustainability goals for commercial properties. structural hardening of properties to protect against wind damage. improves efficiency and value of building stock. : no cost or liability to the government and no public funds are used. Benefits to Comme Commercial property owners use PACE as another source of capital/financing for their projects. Owners Financing terms up to 30 years with fixed, single digit interest rates. rt, Interest rates based on selected repayment term, not on borrower's financial profile or project size. PACE can cover up to Potential to reduce Can be combined with 100% upfront cost for utility bills and realize utility, local and federal qualifying savings on property incentive programs. improvements. insurance. • There are 4 PACE programs in Florida • Florida Green Finance Authority • Florida Resiliency and Energy district • Green Corridor • Florida PACE Funding Agency • Steps to launch: 1. Indian River County could "join" as a party to the program's Interlocal Agreements 2. Any needed Tax Collector Agreements would have to be executed (beyond FGFA) • There have been 7 inquiries about Commercial PACE made to 2 of the other providers (useful to know people are interested) • At least ONE PACE provider has a project ready to fund immediately (Certus) • We predict less 10-20 total Commercial PACE projects (that's super optimistic) per year in Indian River County - (commercial volume is not the same volume as residential) ,•'Commercial only programs do not have the same consumer protection issues that residential programs do • Commercial property owners are more sophisticated about financing needs and financing terms • Commercial PACE projects generally take a much longer time to get closed (due to property owners scrutiny) • Commercial PACE projects require any existing mortgage lender's consent to place the assessment/lien STEP 1 Indian River County passes a Resolution enabling program to launch. Indian River County executes Interlocal Agreements with the 4 PACE providers (FL Green Finance STEP 5 Authority, FL Resiliency and Energy District, FL PACE Funding Agency and Green Corridor). Or 1 PACE provider Property owner pays next bill where PACE non- .. for a specific project. ad valorem assessment is levied. Tax Collector for levy/collection Agreement for C -PACE County Tax Collector collects C -PACE non -ad assessments in place (1017) with Florida Green Finance valorem assessment payment and returnsthat Authority. year's payment to the PACE program (less the Tax Collector's statutory collection fee). Commercial property owner wants to build a new project or redevelop a building. Property owner connects to PACE program and negotiates a financing agreement including - interest rate, years of repayment, any fees, etc. STEP 4 STEP 2 PACE program prepares the non -ad valorem Commercial property owner executes financing assessment roll only for those property owners agreement with PACE program for the cost of the C - participating in the program and consistent with PACE qualifying improvements and a lien on the timelines and procedures in Tax Collector property (for the financed amount) is recorded Agreement. (within 5 days of signing financing agreement). County Tax Collector includes PACE non -ad valorem STEP 3 assessment on the next available tax year, and every year thereafter, for the duration of the negotiated All permits, approvals, etc. for the project are secured. Work on the project is agreement. completed. Final inspections and sign off from the property owner occurs and PACE financing entity pays contractor directly. These funds do not flow through the County. Yellow =a County activity White= a commercial property owner or program activity • There are 4 PACE programs in Florida • Florida Green Finance Authority • Florida Resiliency and Energy district • Green Corridor • Florida PACE Funding Agency • Steps to launch: 1. Indian River County could "join" as a party to the program's Interlocal Agreements 2. Any needed Tax Collector Agreements would have to be executed (beyond FGFA) • There have been 7 inquiries about Commercial PACE made to 2 of the other providers (useful to know people are interested) • At least ONE PACE provider has a project ready to fund immediately (Certus) • We predict less 10-20 total Commercial PACE projects (that's super optimistic) per year in Indian River County - (commercial volume is not the same volume as residential) ,•'Commercial only programs do not have the same consumer protection issues that residential programs do • Commercial property owners are more sophisticated about financing needs and financing terms • Commercial PACE projects generally take a much longer time to get closed (due to property owners scrutiny) • Commercial PACE projects require any existing mortgage lender's consent to place the assessment/lien Options for C PACE in Indian River • Two options (Model Resolutions and Agreements provided to County Attorney 8/9): 1. Launch Commercial PACE with all 4 Commercial PACE providers in Florida & pass Resolution allowing launch of all 4 Commercial PACE programs and direct staff to prepare documents to bring them back for a subsequent Commission agenda item: ✓ Execute 4 Total Interlocal Agreements with Commercial PACE providers ✓ Tax Collector executes any necessary Collection Agreements 2. Launch Commercial PACE with all 1 Commercial PACE provider (Florida Green Finance Authority) to fund PACE improvements on Certus property & pass Resolution allowing launch of 1 Commercial PACE program and direct staff to prepare documents to bring them back for a subsequent Commission agenda item: ✓ Execute 1 Total Interlocal Agreements with Florida Green Finance Authority ✓ Tax Collector Uniform Collection Agreement already in place for that program (2017) Contact Information: Erin L. Deady Erin L. Deady, P.A. Florida Counsel to Petros PACE Finance, Commercial Provider under FGFA Board Member, PACENation 0- 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: Jennifer & Mark Trodglen 2155 11th Ln ADDRESS: PHONE: 772-321-0199 shed in yard, code enforcement is asking to move it but nowhere else to move it SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 1:1YES Yl NO WHAT RESOLUTION ARE YOU variance to keep shed where it is REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES 1�1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? none For IRC Staff only: ----------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 8/16/2022 477 APPLICATION FOR VARIANCE CONSIDERATION INDIAN RIVER COUNTY BOARD OF ADJUSTMENT AND APPEALS NAME: Trodglen, Mark DATE: March 4, 2022 MAILING ADDRESS: 2155 11th Lane Vero Bech, FI. 32960 TELEPHONE: 772-584-2159 FAX #: E-MAIL ADDRESS: trodglen04@gmail.com SITE ADDRESS: 2155 11th Lane LEGAL DESCRIPTION: Heritage Estates Sub Blk D Lot 1 PBI 6-55 Parcel ID 33391100019000400001.0 In being considered for a variance, the Board of Adjustment and Appeals is required by law, _(LDR Section 902.09) to consider the following questions as criteria for granting a variance: 1. Do special conditions and circumstances exist which are peculiar to your land or structure and which are not applicable to other lands or structures in the same zoning district? Explain such conditions or circumstances: Yes, due to decades old oak trees, placement of septic and drainfield the placement of storage shed is the only place it could be locatec 2. Is your situation due to unique circumstances not created by you or illegal acts of previous owners? Explain such circumstances: Yes, neither myself or previous or previous owner installed septic/drainfield nor did either of us plant decades old oak trees Yes, due to the decades old oak trees , placement of septic and drainfield the placement of the storage shed is the only place it could be situated. 3. Will the variance required confer on the applicant any special privilege that is denied by the regulations to other lands, buildings, or structures, in the same zoning district? Explain: Please refer to the answers in questions #1 and #2 F \Conununit.N DevelopnrentW'pLICATIONS\CnfDCV applications\2019 Applications\BOA-Variance.doc Revised Feb 3019 1 of 3 4. Would literal interpretation of the provisions of the Ordinance deprive you of rights commonly enjoyed by other property owners in the same zoning district? Explain such rights: Yes, I should be allowed to have a much needed storage shed. 5. Is the variance the minimum necessary to make possible the reasonable use of land, building, or structure? Explain how the minimum was determined. Yes, due to established decades old live oaks and septic and drainfield I only have a total of 14 feet of usable land for the storage shed placement. 6. How would granting the variance request be in harmony with the comprehensive plan and land development regulations? It allows my yard to maintain a neat orderly fashion complying with Code Enforcement and doesn't create an eyesore for my fellow neighbors or myself. . 7. Would granting the variance be injurious to the surrounding area or be detrimental to the public welfare? Explain. Absolutely not; I am not infringing on any easements or other surrounding property not belonging to me. Storage shed is in an enclosed privacy fence. 8. Can the property be put to a reasonable use without the granting of the variance? Explain. No, without a storage shed I would have to leave equipment strewn about in the yard which would become a violation with Code Enforcement, subject me to theft of property, not to mention anger my neighbors with a yard looking out of place which could also hurt property values should a neighbor wish to sell their home. I have good neighbors and it is not my desire to impact our subdivision by becoming an eyesore. 9. A variance, as requested, will not pennit, establish or enlarge any use or structure which is not pennitted in the district. Does your request meet this requirement? Yes If you can clearly satisfy all of the above, you are eligible to be considered for a variance and you may t U1111L - FAConununity Development\APPLICATIONS\CurDev applications\3019 ApplicationsWA-Variance.doc Revised Feb 2019 Of , The variance request is as follows: To be allowed to have a storage shed to shelter yard equiptment and other items. The variance is necessary for the following reasons: Due to limited backyard space the southeast back corner is the only place the shed could be situated within. Four copies of the plot plan of the lot and variance requested shall be attached to the application and shall include the criteria listed below: a. Exact dimensions and locations of existing buildings and structures. b. Exact Dimensions and locations of all proposed additions. C. Required setbacks d. Location of all existing easements e. Clearly delineate the specific variance(s) requested The plot plan shall be on 24" X 36" sheet unless a previous plan has been filed with the Planning Department. Please provide names and addresses of all property owners abutting your property: 2145 11th Lane Rph Properties LLC 1106 22nd Av Charlene and George McCallum A $1,000.00 fee shall accompany this application (Checks payable to Indian River County) I certify that there are stakes in the ground showing the corners of the structure for which the variance is requested (if applicable). Copy of a deed or other proof of ownership of the property for which the variance is requested shall accompany this application. I certify that the statements in this application are true to the best of my knowledge Legal Check Agent Authorization Fee Paid (Applicant Signature) Plot Plan Complete Dimensions Field Check Stakes FACommunity Development\APPL]CATIONS\CurDev applications\2019 Applications\BOA-Variance.doc Property Owners Check Eligibility, Hardship Etc. Revised Feb 2019 3 of 3 Good Morning Commissioners, We appreciate your time this morning. During the early days of Covid in the spring of 2020, my husband, Mark, built a shed in our backyard without a permit, which we now realize, was a terrible mistake. But at that time we figured it was just a shed and wouldn't be an issue. The shed is located in the only spot available in our back yard because the septic and drainfield systems take up the rest of the yard. Almost two years later in January 2022, a man in the neighborhood was turned into code enforcement for a variety of issues. He thought Mark turned him in (which he didn't) so he called code enforcement on us. While a corner of this man's property abuts our corner, he is not an immediate neighbor. Our backyard neighbors on both the south and the east sides have written letters affirming they have no problem with our shed. The shed is 14'x10' and is 3' off the south property line and 10.5' off the east property line. Per code, it should be no more than 10'x10' and 5' off the property lines. However, per code we could have two sheds that are 10'x10' which are 5' off the property line. This is not a prefab shed but rather a well built, permanent attractive structure, which cost over $6,000.00 two years ago. Today it would likely be over $10,000.00. It is not movable and would have to be demolished. After receiving the violation, Mark met with a planner, Steve, who told him he had limited options and should meet with the community development director, Phil Matson. We met with Phil and he felt that due to the unique circumstances, we had a good shot at a variance. We filled out the application and obtained the necessary documents, wrote out a check and set up an appointment with assistant community development director Andy Sobczak. All of these men were incredibly nice and they researched every possible way to help us. And while they all agreed the only avenue would be a variance, they told Mark it would be impossible for him to get one. Andy said that in his 20 years at the county, no one has ever received a variance and that we would just be wasting our money and Andy really didn't want to accept the application. Mark's boss learned that we could approach you directly and ask for help since there does not seem to be any other help for us in the system. The variance form is a list of questions, the third of which basically asks if one is requesting something that is not available under the code to anyone else. If that is the case, then it will be denied. The fee to apply for a variance is $1,000.00. which is an enormous amount of money to us. As Mark is in construction, he has tools and equipment that were unsightly stacked against the house. The shed provides much needed storage and also more pleasing views for our entire neighborhood. We hope you will consider our request and we greatly appreciate your time and consideration of this matter. a 2155 .r 4 a 1106 r,046-"- a 11th Ln 2145 1105 8:51 < 3 Messages To: ,./l a r k', Tr' Re: Fencing at 2145 11th lane Hi Mark. Sorry for delay sending email. As per our phone conversationI have no issue with keeping the fence between our houses as It is. I also have no issue with keeping the shed where it is. You are welcome to use this email as means to communicate my acceptance to needed authoes in town. If " they have any questions, they Manz:� welcome to contact me at 617-901-3160. Thanks, Rosa Hollis RPH Properties4, LLC `Tib -b ... ...... . .... . 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E LOT 11 I LOT 10 ur nrrr n BLOCK D 3909 I I a � 2 svo 2��C I IM 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: Miss B's Learning Bees 4736 34th Avenue ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-713-4130 Contract: Limit fees charged to the program IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? I would like the commission to limit the cleaning and damage fees we can be charged for utilizing the Intergenrational Center. The way the current contract is worded means the charges for these fees can be insurmountable to the organization. If not, will the commission please make a motion to grant us fees to help offset the cost of the use of the building ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Fv_1 YES 1:1 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 $7,000.00 COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Aug 16, 2022 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Office of INDIAN 101040[Q ARA 111110I TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 22, 2022 X21 Public Notice Item - B.C.C. 8.16.22 RIVER COUNTY ATTORNEY SUBJECT: Public Notice of Public Hearing for September 13, 2022, to Consider an Ordinance Establishing the LP Community Development District The Board of County Commissioners will hold a Public Hearing on Tuesday, September 13, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE LP COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 180127' Street, Vero Beach, Florida 32960. C:IGranic UxgismrJIL5lTeMp cfc46824-023d-4480.a5d1-&09306dJ12c.dw 479 1'A County Administrator's Matters August 16, 2022 �VEfl� Office of the INDIAN RIVER COUNTY * * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator \/ 1/•:_\ 1/ TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: July 29, 2022 SUBJECT: Update Regarding the Pending Sebastian Annexation Background Staff would like to provide an update and have a general discussion on the pending annexation of 1,984 acres into the City of Sebastian. Funding There is no funding associated with this item. E'1 n 1' INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief Long Range Planning DATE: August 1, 2022 SUBJECT: Non -Profit Housing Community Rehab (RENO) Program and Non -Profit Housing Construction (CENO) Program Award Recommendations. BACKGROUND: On March 11, 2021, the 1.9 trillion -dollar American Rescue Plan Act of 2021 was signed into law. The American Rescue Plan (ARP) is a stimulus package that was intended to speed up the United States' recovery from the impacts of COVID-19. Indian River County received funding through ARP in the amount of $31,063,168. On March 15, 2022, the BCC considered, approved, and directed staff to begin implementation of the County's Non -Profit Housing Community Rehab (RENO) Program and Non -Profit Housing Construction (CENO) Programs. ANALYSIS County Staff reviewed all RENO and CENO applications that were submitted internally. A detailed analysis along with recommendations for awards is provided below for each application. Non -Profit Housing Construction (CENO) Program CENO program funding is limited to non-profit entities headquartered in Indian River County for the purpose of constructing affordable duplex, townhomes, and apartment units that serve disadvantaged populations. Under the CENO program, grant awards of up to $60,000 (per affordable housing unit) are available, and one applicant may receive up to $180,000 of CENO funding for the construction of 3 affordable housing units (3 x $60,000). There is $400,000 of total funding under this program. The application window for CENO ranged from March 15, 2022 until June 15, 2022. Following the close of the application window on June 15, 2022, four (4) total CENO applications (Attachment 1) were received, and an analysis of each application is included below. St. Francis Manor is a non-profit organization headquartered in Vero Beach, FL that currently serves approximately 120 residents. The mission of St. Francis Manor is to C:\Granicus\Legistar5\L5\Temp\dd8fa6a3-dae7-49fc-a31e-74c854be3d74.docx 481 provide affordable, independent living to senior citizens on limited income in an attractive, safe and socially supportive environment. St. Francis Manor submitted a CENO application requesting $180,000 in order to construct two new nine (9) — unit buildings that will house eighteen (18) low income seniors. The project site is located at 1750 20th Ave in Vero Beach. The estimated total cost of the project is $2,670,500. Staff recommends that the full funding request of $180,000 be awarded to St. Francis Manor. 2. Treasure Coast Homeless Services Council is a non-profit organization headquartered in Indian River County. The mission of the Treasure Coast Homeless Services Council is to prevent and end homelessness on the Treasure Coast and to assure that if homelessness happens, it is brief and non-recurring. Treasure Coast Homeless Services Council submitted a CENO application requesting $180,000 in order to construct a triplex on land donated by Indian River County and located at 4255 32nd Ave in Gifford. The proposed triplex will house three (3) separate families and will have a total of 8 available bedrooms. Additionally, John's Island Foundation has awarded $200,000 to assist with this project that will provide much needed affordable housing to low income families in Indian River County. The total cost for this project is $390,000. Staff recommends that the full funding request of $180,000 be awarded to Treasure Coast Homeless Services Council. 3. Coalition for Attainable Homes is a non-profit organization headquartered in Indian River County that constructs affordable dwelling units for low-income people in the community. Coalition for Attainable Homes submitted a CENO application requesting $60,000 in order to construct an affordable accessory dwelling unit for an elderly individual on property located at 4216 24th Court in Vero Beach. The total cost for this project is $96,425. Staff recommends that the full funding request of $60,000 be awarded to Coalition for Attainable Homes. In order to provide the entire $60,000, staff is recommending that $20,000 in unused grant funding be reallocated from the RENO program into CENO for this project. 4. The Housing League is a non-profit organization operating in Indian River County. The mission of The Housing League is to provide housing to low and moderate -income families. The Housing League submitted a CENO application requesting $180,000 in order to construct one single-family home that would be affordable for low to moderate income individuals. The total cost for this project is $264,060. C:\Granicus\Legistar5\L5\Temp\dd8fa6a3-dae7-49fc-a31e-74c854be3d74.docx 482 Staff is not recommending funding for this project at this time. The CENO program was developed for multifamily projects that would serve disadvantaged populations. While this application is intended to provide housing for low to moderate income individuals, the proposal is not as closely aligned with the program parameters as the three other projects that were submitted. With all CENO funds exhausted for the previously described projects, there is no grant funding remaining to fund this project. Non -Profit Housing Community Rehab (RENO) Program RENO program funding is limited to non-profit entities headquartered in Indian River County for the purpose of rehabilitation, repair, and remodeling of housing facilities that serve disadvantaged populations, with an emphasis on large communal/group facilities. While the total amount of funding available to this program is $600,000, a single grant award of up to $400,000 is allowed. Following the close of the application window on June 15, 2022, one (1) total RENO application (Attachment 1) was received, and an analysis of that application is included below. 1. In addition to their CENO application, Treasure Coast Homeless Services Council submitted a RENO application requesting $105,240 in order to replace five roofs that are leaking on existing affordable housing units maintained by Treasure Coast Homeless Services. The total cost for this project is $105,240. Staff recommends that the full funding request of $105,240 be awarded to Treasure Coast Homeless Services Council. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. CENO Program: a. Award $180,000 to St. Francis Manor in order to construct two new nine -unit buildings intended to house low-income seniors. b. Award $180,000 to Treasure Coast Homeless Services Council in order to construct a triplex intended to house low-income families. c. Award $60,000 to Coalition for Attainable Homes in order to construct an accessory dwelling unit intended to house a low-income senior. i. In order to provide the full funding request, staff recommends that $20,000 be transferred from the RENO program into the CENO program. 2. RENO Awards: C:\Granicus\Legistar5\L5\Temp\dd8fa6a3-dae7-49fc-a31e-74c854be3d74.docx 483 a. Award $105,240 to Treasure Coast Homeless Services in order to replace roofs on affordable housing units. 3. Authorize the Board Chair to sign Indian River County American Rescue Plan Agreements for each grant recipient. ATTACHMENTS 1. Application Summary C:\Granicus\Legistar5\L5\Temp\dd8fa6a3-dae7-49fc-a31e-74c854be3d74.docx 484 L m E E m N C m v Q O. Q a cc Q A. to c v 0 ., E o C: F - o Z o W O S N G ih v U v � Q 0 °J O O o E o O o Kt O O O N Ou 00 000 O O (3) rH r -I lD r -I O O U O O N O N (1)n d U -)Q01 lD � O O M N m N r -I a U t!? i/? /�c V')- C: O_ N +, r N N E i E O E O E i E 0 0 '� O O O p 0 0 0 0 0 o ` O d J J (n J E (n J G J Q1 to bn b.0 i x _ N Ql — N O N Q O O (U N O E O O H E O U U U L U O L (n E O u L L - L N L U w Ln 'E o c c °; +' c Q 0 L� c 4- a U0 u0 E u0 ¢ U0 4° N O O O O `n c� 0 O O O N 'o O O O O Lr a" c 00 00 O 00 O N :3 r -I r -I lD rH r -I L.L t/} -Ln th -Ln -Ln E O O O O O z Z z Z Z 0 L W W W W W a U U U U LA Ln L (10 U N 0 7Au +-, Q) N N U c N N N _ N N _ L O N _ N _ 'v N a U 0 +� c W= � a� U Q L O Q 2 L'o U N U Q= H F- _ Ln U A. to c v 0 ., E o r4 F - o Z o W O S N G ih v U v � Q INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 16, 2022 BACKGROUND March 1 I, 2021 —American Rescue Plan (ARP) stimulus package March 15, 2022 — BCC considered, approved, and directed staff to begin implementation of the following programs: Non -Profit Housing Community Rehab Program (RENO). Non -Profit Housing Construction Program (CENO). CENO/RENO Application Window —March 15, 2022 — June 15, 2022. CENO NON-PROFIT HOUSING CONSTRUCTION PROGRAM Non-profit entities headquartered in IRC. Construct affordable duplex, townhomes, and apartment units to serve disadvantaged populations. Up to $60,000 per unit and up to $180,000 per applicant. Total $400,000 available for program. 4 Total Applications Received. CENO APPLICATIONS TREASURE COAST HOMELESS SERVICES COUNCIL Mission:"To prevent and end homelessness on the Treasure Coast and to assure that if homelessness happens, it is brief and non-recurring." Request: $180,000 Project: Construct Triplex for low-income families at 4255 32nd Ave Project cost: $390,000. Additional: John's Island Foundation awarded $200,000 to project. Staff recommends full request of $180,000 49s__ 2 CENO APPLICATIONS ST. FRANCIS MANOR Mission:"To provide affordable, independent living to senior citizens on limited income in an attractive, safe and socially supportive environment." Request: $180,000 Project Details: Construct 2 new 9 -unit buildings intended to provide housing for 18 limited income seniors at 1750 20th Ave in Vero Beach. Project cost: $2,670,500 Staff Recommends full request of $180,000 CENO APPLICATIONS COALITION FOR ATTAINABLE HOMES Mission: Construct affordable dwelling units for low-income people in the community. Request: $60,000 Project: Construct an affordable accessory dwelling unit for an elderly individual at 4216 24th Court. Project Cost: $96,425. Staff recommends full request of $60,000 with $20,000 moved from RENO CENO APPLICATIONS THE HOUSING LEAGUE Mission: `To provide housing to low and moderate -income families." Request: $180,000 Project: Construct single-family home that would be affordable for low to moderate income individuals. Project Cost: $264,060. Staff does not recommend an award for this project at this time. RENO NON-PROFIT HOUSING COMMUNITY REHAB Non-profit entities headquartered in IRC. Rehabilitation, repair, and remodeling of multifamily housing facilities that serve disadvantaged populations. Up to $400,000 available per award Total $600,000 available for program. I Application Received Ljg6 r 4 RENO APPLICATION TREASURE COAST HOMELESS SERVICES COUNCIL Request: $105,240 Project: Replace five leaking roofs on existing affordable housing units maintained byTCHSC. Project Cost: $105,240 Staff recommends full request of $105,240 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. CENO Awards: a) Award $180,000 to St. Francis Manor in order to construct two new nine -unit buildings intended to house low- income seniors. b) Award $180,000 to Treasure Coast Homeless Services Council in order to construct a triplex intended to house low-income families. c) Award $60,000 to Coalition for Attainable Homes in order to construct an accessory dwelling unit intended to house a low-income senior. Staff recommends that $20,000 be transferred from the RENO program into the CENO program in order to fully fund this request. RENO Awards: Award $105,240 to Treasure Coast Homeless Services Council in order to replace roofs on existing affordable housing units. Authorize the Board Chair to sign Indian River County American Rescue Plan Agreements for each grant recipient. *_ 5 BACKUP • RENO Application • CENOApplication • Scoring Matrix INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson,AICP Community Development Director FROM: John Stoll Chief, Long Range Planning DATE: August 3, 2022 SUBJECT: Review of Proposed Request for Proposals for a Developer to Redevelop the Former Gifford Gardens Apartments Site with Housing that is Affordable It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC)at its regular meeting of August 16,2022. DESCRIPTION AND CONDITIONS On July 13, 2021, the Board of County Commissioners (BCC) considered a presentation by staff concerning the redevelopment of the Gifford Gardens property located at 4730 40`h Ave. At the meeting, the BCC also approved a Request for Proposals (RFP 2021014)to advertise the project for contractors/developers to bid on redevelopment of the site with affordable housing. A significant list of redevelopment incentives were offered by the County to aide with the redevelopment of the site. These incentives included: donated land,impact fee credits and water and sewer capacity Equivalent Residential Unit (ERU) credits to cover impact fee and water/sewer capacity charges, and up to $350,000 of additional funds through the County from the American Rescue Plan(ARP)act for design, engineering, and related development costs. Although significant incentives were offered in support of the project, only one proposal was received by the September 21,2021 deadline. Ultimately,the selection committee determined it would not recommend award to the sole proposer, as it was not in the public interest. On February 23, 2022, the Affordable Housing Advisory Committee (AHAC) met and considered the proposal received for the Gifford Gardens project. At the meeting, Committee members voiced concerns regarding ability of the proposer to market affordable houses to low-income families, and ultimately did not support the project for that reason. At the April 12,2022 BCC meeting,the Board rejected the proposal from East to West Development Corporation. 486 1 At the April 27, 2022 AHAC workshop, staff presented the Committee with several options and helped to facilitate a productive discussion regarding potential changes to a new RFP for redevelopment of the Gifford Gardens site. In summary,AHAC reaffirmed support for single-family homes that would be affordable for people in the community that could assist with the creation of generational wealth. Staff have incorporated feedback from AHAC into a revised RFP. At this time,it is requested that the BCC review the proposed RFP,provide feedback to staff for any proposed changes, allow staff to add any additional language to it and sections that may be required by the County Purchasing Division and the County Attorney's office, and direct staff to proceed with advertising the RFP (as may be modified). ANALYSIS Proposed changes from the previous RFP are summarized below: Purchasers of homes will need to have incomes at or below 80%of Area Median Income.The homes will have affordability restrictions for 10 years,and the targeted price point for a single-family home construction within this development should not exceed$275,000. An additional $150,000 of ARP funds will be added to the$350,000 incentive to assist with engineering and design costs along with related site improvements. The additional $150,000 in ARP funding will be transferred from the Non-Profit Housing Rehabilitation(RENO)program,which has a remaining balance of$474,760. The home design standards have now also been relaxed to allow for greater flexibility in building materials in order to encourage more creativity in building design that may reduce construction costs. Finally, the evaluation criteria has been adjusted to place greater value on Financial Feasibility and Community Compatibility. Development Incentives Based off of prior BCC action and pre-existing conditions, the primary incentives offered to the developer include: • Free land; • Pre-paid impact fees; • Pre-paid water and sewer ERUs (22 single family homes);and • $500,000 grant from County American Rescue Plan (ARP) funds to be used towards design engineering cost and hard costs of development(road construction/installation,retention pond installation, site grading, water/sewer line installation)of the project. In addition, the County will also have staff available to expedite the project and provide technical guidance to the developer's engineer in understanding requirements and allowed waivers (if applicable). To be eligible to apply,a developer will need at least 10 years of development experience,will need to provide examples of completed projects,will need to have financing,and will have the ability to provide a construction bond. 487 2 RECOMMENDATION Staff recommends that the BCC review the proposed final Draft RFP and: 1. Provide any proposed changes to the RFP; 2. Allow any potential final edits to the RFP as may be recommended by various County review departments; 3. Authorize the transfer of$150,000 in ARP funding(RENO Program)to the Gifford Gardens Project; 4. Direct staff to advertise the RFP (as may be modified). ATTACHMENT 1. Proposed RFP for Redevelopment of Former Gifford Gardens Site fIcommunity developmentlshiplahac\projects-tasks\formergifford gardenslbcc item taff report-16aug22.docx 488 3 �A0VERG co Indian River County Purchasing Division 7f, xstit 1800 27th Street * * Vero Beach, FL 32960 PLOW Phone (772) 226-1416 Request for Proposals Project Name: Gifford Family Housing Development RFP #: 2022054 RFP Opening Date: RFP Opening Time: 2:00 P.M. All Proposals must be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late responses will be not be accepted or considered. PLEASE SUBMIT: (1) ONE MARKED ORIGINAL, AND (3) COPIES OF YOUR BID, PLUS ONE ELECTRONIC COPY AS A SINGLE PDF ON USB or CD Refer All Questions to: purchasing@ircgov.com ATTACHMENT 1 489 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx REQUEST FOR PROPOSALS Notice is hereby given that the Indian River County Board of County Commissioners is requesting proposals from qualified firms for: RFP # 2022054 Gifford Family Housing Development Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. All submittals must be received by the Purchasing Division, 1800 27th Street, Room B1-301, Vero Beach, Florida 32960 by 2:00 p.m., DATE. Late submittals will not be accepted or considered. The Board of County Commissioners reserves the right to accept or reject any and all proposals in whole or in part and to waive any technicality or irregularity. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication in the Indian River Press Journal Date: Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Page 2 of 21 490 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx Overview Indian River County hereby provides notice and requests proposals from developers interested in designing, obtaining development approvals, and developing a single-family residential subdivision with single-family homes,to be sold to income eligible households (earning below 80%of Area Median Income (AMI)). Please see Exhibit A for eligible household income ranges. The anticipated sales price for a single-family home within this development should not exceed $275,000. The development would occur on a county owned property in Gifford,a Census Designated Place located in Unincorporated Indian River County, Florida.That property would be deeded to the successful proposer at no cost. Through this redevelopment opportunity,the County seeks to address one of its housing priorities, which is to increase the amount of homeownership in this area. The developer should have the ability to design, build, and finance all aspects of the project,and should be able to assist with the promotion and marketing of the project to prospective buyers by coordinating with appropriate non-profit agencies and/or the public. Site Information The County is seeking to convey a +/-3.33 acre county-owned parcel located at 4730 40`h Avenue,Vero Beach, FL 32967,to a family housing developer. The parcel is zoned RM-10,Residential Multi-family(up to 10 units per acre),with single-family homes allowable. .. frf''' t 44q::„...; ''t1 ii`r 1. ,, �'' ' qk n 1 S iii.. .1 .�A9. 7C A _ r r pR ta I. I ' .a•TY+r'� 2' op . ''dd .. iii: M i�� (� l at J. v1, r* Y1 '; a .siF; <t l� r v4 M4 • } Aerial Photo, Former Gifford Gardens Site Page 3 of 21 491 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx Site Information (continued) The Gifford Community offers recreational amenities including a Public Pool, Youth Achievement Center, Day Care Centers,and Elementary and Middle Schools, all within close proximity.Therefore,due to the small size of the parcel, it is not anticipated that any amenities will be required as part of the development. The site will, however, need to follow design standards for landscaping and storm water retention,which should be designed to be attractive features of the development. The property has public water and sewer lines from Indian River County and power lines from Florida Power and Light.Storm water retention will need to be accommodated on- site. All sections of the land development code must be followed. Please see the County's Site Design Code Requirements and Process(Exhibit B). ` 'm arc 4 3r i14f, ��:feir 'OA 1.401111.1*. t 4 s WIN 11.1111111r Gifford School Subdivision (30`h Avenue) Development Incentives The County has substantial assistance available for the development. In addition to the County providing the land for the development at no cost, the subject property has 55 multi-family impact fee credits and 22 multi- family water and sewer capacity Equivalent Residential Unit(ERU)credits.These credits are sufficient to cover all or nearly all of any potential impact fee and water and sewer capacity charges for the single-family development. Financial assistance of up to$500,000 is also available from County American Rescue Plan program funds to cover site design, development and infrastructure costs(site grading, installation of water and sewer lines, construction of street, etc.).To be eligible for this assistance, registration by the Developer in the SAM.gov database will be required. Page 4 of 21 492 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx With respect to the site design and approvals, County Community Development Department staff will assist as needed to expedite the project, provide code guidance, and work with developer and developer's engineer to shepherd the project through development review and approval processes. County assistance may also be available to income eligible home purchasers for down payment and closing costs (dependent upon availability of State Housing Initiative Partnership (SHIP funds). Through that program an income eligible home buyer may obtain a deferred payment loan at 3% interest. The County may consider other possibilities that may be presented by prospective developers. Project Site Plan, Architectural Drawings, and Home Plans A proposed site plan, with architectural drawings and home plans shall be submitted by each proposer. Compliance with all applicable codes and regulations of Indian River County and all other applicable governmental and regulatory entities and agencies is required, unless waivers are possible through established processes (e.g. Indian River County Planned Development Regulations). The Proposed Project Site Plan must include: 1. Proposal lot layout and road with dimensions and square footages labeled 2. Location and size of storm water retention area(s) 3. Building envelopes with setbacks labeled 4. Proposed landscaping The Proposed Architectural Drawings and home plans must include: 1. Proposed architectural drawings with materials labeled. 2. Proposed floor plans with square footages and dimensions labeled and purposes of the rooms labeled. Developer's Agreement Following the selection of a Developer(one developer) and accompanying project plan for the overall property, the County will enter into an agreement for the conveyance of the property.The agreement will require approval by the County Commission. The Agreement will specify terms and conditions and stipulate necessary actions required prior to the Developer acquiring fee simple title to the property.The Developer shall be responsible for the development of all aspects of the project, including the payment of all design, construction and development costs and all costs associated with the sale and/or marketing of the residential units. The Developer will be required to utilize the property only for the development,construction and sale of single-family homes to households with incomes below 120% of AMI. Further,the Developer shall comply with such requirements as the County determines to be in the public interest, including the obligation to begin construction within a reasonable time. Projects must comply with all applicable local, State and Federal Rules and regulations. Page 5 of 21 493 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx The items addressed in the Developer's Agreement may include, but are not limited to,the following: • Design and construction details • Marketing plans • Affordability requirements including a requirement that households receive competitive fixed rate financing • Platting requirements • Regulatory approvals by the County • Construction loan commitments • Development budget • Construction schedule • Project timelines • Insurance and Bond Requirements Transfer of Title The County will transfer title of the Property to the Developer via a special warranty deed in accordance with the terms of the sale and purchase Developers Agreement, as well as the agreement for the design and construction of the overall development and housing units.The Developer shall be responsible for all customary closing costs, including documentary stamp tax. Pursuant to section 163.380(2), Florida Statutes,the deed will contain a provision which prohibits the sale, lease or transfer of the Property without the prior written consent of the County until construction of all improvements has been completed. Residential units shall be subject to deed restrictions, restrictive covenants,or other applicable legal agreements to ensure compliance with income restriction requirements for a period of ten years. Project Updates The selected Developer shall commit to communicate project status to the Gifford Progressive Civic League, County Affordable Housing Advisory Committee, and other interested parties. Incurred Expenses The Developer shall be responsible for all expenses incurred preparing a response to this RFP, including submitting or presenting a Project Plan responsive to this redevelopment opportunity. Code Requirements The Developer,at its sole cost, must conform to all applicable permitting, planning, building,engineering,storm water and land development regulations.The Project shall also be subject to all review and approval procedures of the County, including Planning and Zoning Commission and BCC review. Exhibit B references some of the more applicable County Code Sections for overall site development. Page 6 of 21 494 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx Selection Committee Proposal Review The County shall convene a Selection Committee of which the responsibility shall be as follows: a. Independently review and evaluate each Submittal 1. Each committee member shall evaluate each firm by assigning a number of points for each criterion, as established in the solicitation, and then totaling the number of points for allcriteria. 2. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria,with the firm receiving the most points being ranked#1. b. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications.The ranking of firms shall be done in the following manner: 1. The rankings received by each firm from all committee members shall be totaled and divided by the number of committee members,to produce an average ranking. 2. The firm receiving the lowest average ranking(i.e.closest to#1)shall be ranked the#1 firm,and the process repeated until all firms have been ranked according to their average ranking. 3. In the event of a tie,the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The firm with the highest number of points will be awarded the higher ranking position. 4. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the committee is satisfied with the rankings. 5. After interviews (if interviews are held), and based upon information learned during the interviews, each committee member will rank the firms in order of preference and a consolidated final committee ranking established. c. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County,solely at its own option,determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFP would not be in the public interest. d. The Committee shall forward its recommendations in accordance with the ranking to the BCC,which shall,at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. e. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. The evaluation criteria are described in Exhibit C. The BCC may accept any proposal that it deems to be in the public interest and reserves the right to reject any or all proposals. Acceptance/Rejection/Modification to Proposals The County reserves the right to cancel this Request for Proposals or to reject any and all Project Plans and RFP response submitted, in its sole discretion. The County reserves the right to negotiate modifications to proposals that are deemed in the public interest, reject any and all proposals or waive minor irregularities in procedures. Prior to final selection, the County reserves the right to discuss and/or negotiate terms with any or all Page 7 of 21 495 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx prospective Developers. Developer shall be afforded fair and equal treatment with respect to any opportunity for discussion and revision of Project Plans. Revisions may be permitted after submission of proposals and prior to final selection. Request for Additional Information Developer shall furnish additional information as the County may reasonably require.This includes information that indicates financial resources as well as ability to develop the Project. The County reserves the right to make investigations of the qualifications of the Developer as it deems appropriate, including, but not limited to, background investigation. Right to Audit Records The Countyshall be entitled to audit Developer's books and records to the extent such books and records relate p to Developer's performance of obligations under the Developer's Agreement. Such books and records shall be maintained by Developer for a period of three (3)years from the date of the final completion of the Project. Questions and Other Inquiries Developers and their agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of project advertisement until the Board of County Commissioners meets to authorize ranking and/or award. Such communication may result in disqualification.This restriction also includes communication with anticipated members of the selection committee and community stakeholders. Any communication between a Developer and the County will be initiated by the appropriate County Official or employee in order to obtain information or clarification needed to develop a proper,accurate evaluation of the RFP and Project Plan. No oral interpretations will be made to any proposer as to the meaning of the request for proposal documents. Every request for an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@ircgov.com)ten (10)or more days before the date fixed for opening of the proposals.The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to submitters will be in the form of an Addendum,which if issued,will be sent promptly as is practical to all persons to whom RFP documents have been issued. All such Addenda shall become part of the RFP documents. Further, it shall be the responsibility of each submitter, prior to submitting their response, to contact Indian River County's Purchasing Division at(772) 226-1416 to determine if addenda were issued and to make such addenda a part of their submittal. Page 8 of 21 496 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx Proposal Content and Construction Submit one marked original and three (3)copies, plus a USB drive or CD with an electronic copy of the proposal as a single pdf. Submittals must include and are requested to be organized as follows: 1. Company name, contact name, email and phone number of person(s)with authority to negotiate and enter into developer's agreement. 2. Company overview, history and related experience 3. Building and Planning Division Contacts at jurisdictions where projects were completed 4. Team member qualifications (individuals,engineering firm, builder,etc.) 5. Proposed development budget 6. Proposed all-inclusive sales prices of homes (corresponding with renderings/photos) 7. Engineers design plan for project(site plan concept) 8. Architectural renderings and/or photos of planned homes 9. Planned home builders that will be used (name, contact information, and signed statement of intent to participate) 10. Proposed funding sources for site development and for construction of homes 11. Project timeline for overall project, including site development review timeline and timeline for constructing infrastructure and common facilities (e.g. storm water retention area). 12. Construction schedule for homes 13. Samples from completed projects(site plan, pictures/renderings,sale prices of homes,size range of homes) 14. Sworn Statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code 15. Certification Regarding Prohibition Against Contracting with Scrutinized Companies 16. Certification Regarding Lobbying Sealed Submittals and Envelope Markings:All responses shall be submitted in a sealed envelope or box.The outside of the envelope shall be clearly marked with the Consultant's Name and Return Address, Proposal #, Title, Date of opening, and Time of Opening. Opening Location:Submittals must be received by the Purchasing Division at 1800 27th Street,Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Proposals. Submittals received after the stated time and date will not be considered. Page 9 of 21 497 E 6465d04-9a 11-456f-B73a-A0553ca56d65.Docx General Instructions Submission:All proposals must be signed with the legal Firm name by an Officer or employee having authority to bind the company or firm by his/her signature. Confidential or Trade Secret Information:Proposals submitted in response to this request are public records. Pursuant to section 119.071, Florida Statutes, any financial statement that the County requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a public works project is exempt from the Public Records Law.Therefore,any financial statement that you submit that you wish to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed".The electronic copy should show confidential information as redacted.Trade secret information must be clearly identified as instructed per section 812.081(1)(c), Florida Statutes. Proposers are requested to specifically identify any information contained in their proposals which they consider confidential as a trade secret and which they believe to be exempt from disclosure.You must cite to the specific facts that demonstrate that such information is exempt as a trade secret under the applicable law.Any Proposer marking, labeling or declaring their entire proposal "Confidential and Proprietary" may be disqualified. By submission of a response to this RFP the responder agrees to indemnify and hold the County and its commissioners,officers, employees and agents harmless should any information marked as confidential and/or proprietary knowingly or unknowingly be released as the result of a public records request or if any information marked as confidential and/or proprietary is not released as a result of a public records request. Indemnification:The Proposer shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents,from any and all losses, damages, expenses (including reasonable attorneys fees)and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract,or breach of applicable law by the vendor, or its employees, agents,subcontractors, or other persons or entities performing work under the contract. Public Access:The Proposer shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes.Specifically,the Proposer shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service.The Proposer shall provide the public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law.The Proposer 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. The Proposer shall meet all requirements for retaining public records and transfer, at no cost,to the County,all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exemptor 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. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Submitters are hereby notified that 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 (defined as the State of Florida,any of its departments or agencies,or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier, subcontractor, or consultant under a contract with any Page 10 of 21 498 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently$35,000]for a period of 36 months from the date of being placed on the convicted vendor list.A"public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to,any bid, proposal, reply,or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust,fraud,theft, bribery,collusion, racketeering, conspiracy,or material misrepresentation. Suspension and Debarment:Indian River County will not make award to parties listed on the government-wide exclusions in the System for Award Management(SAM).The bidder 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.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. By submittal of a response to this solicitation, bidder or proposer asserts neither it nor its principals is presently debarred, suspended or proposed for debarment,declared ineligible, or voluntarily excluded from participation in this work by any Federal department or agency. Scrutinized Companies Lists:The proposer certifies that it and those related entities of respondent 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, Proposer certifies that it and those related entities of respondent 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.The County may terminate this Contract if Company 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. County may terminate this Contract if Company, 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. Accordingly,firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non-Discrimination:Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin,sex,sexual orientation,gender identity, age and/or disability.Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964,the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations,guidelines and standards.Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Page 11 of 21 499 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx E-Verify: Proposers must be registered with and use, at their sole expense,the Department of Homeland Security's E-Verify system (www.e-verify.gov)to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. Owner, contractor,and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Contractor is responsible for obtaining proof of E-Verify registration for all subcontractors.This requirement applies to any provider of services or goods. Local Preference:Indian River County has no local ordinance or preferences,as described in Florida Statutes section 255.0991(2) in place,therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Regulations:It shall be the responsibility of the submitter to assure compliance with any OSHA, EPA and/or other Federal or State of Florida rules, regulations,or other requirements, as each may apply. Interpretations:No oral interpretations will be made to any proposer as to the meaning of the request for proposal documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County(purchasing@ircgov.com)ten (10) or more days before the date fixed for opening of the proposals.The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to submitters will be in the form of an Addendum,which if issued,will be sent promptly as is practical to all persons to whom RFP documents have been issued.All such Addenda shall become part of the RFP documents. Further, it shall be the responsibility of each submitter, prior to submitting their response,to contact Indian River County's Purchasing Division at(772)226-1416 to determine if addenda were issued and to make such addenda a part of their submittal. Applicable Law and Venue:This solicitation, its resulting agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S.,for any terms and conditions not specifically stated in this solicitation and any resulting agreement.Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida,or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Conflict of Interest:Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee.The relationship with a County Commissioner or a County Employee that must be disclosed is as follows:father, mother,son, daughter, brother,sister, uncle, aunt,first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law,son-in-law, brother-in-law,sister-in-law, stepfather,stepmother, stepson,stepdaughter,stepbrother,stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors,executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Errors:When an error is made in the extension of generating total prices or in any other process of completing the proposal,the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the proposal otherwise,will not relieve the proposer. Right to Protest:Any actual or prospective bidder or proposer who is aggrieved in connection with a Page 12 of 21 500 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx competitive selection process may protest to the Purchasing Manager.The protest shall be submitted to the Purchasing Manager in writing within seven (7)calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement,the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards:The County reserves the right to cancel the solicitation, reject any and all proposals or waive any irregularity or technicality in submittals received.The County reserves the right to not make any award(s) under this solicitation. Compliance with Laws and Regulations:Submitter agrees that they will comply with all Federal,State, and Local Laws and Regulations applicable to the production, sale,and delivery of the goods or the furnishing of any labor or services called for by this solicitation and any resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Indian River County reserves the right to accept or reject any or all proposals in whole or in part and waive any technicality or irregularity. Page 13 of 21 501 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx PROPOSER INFORMATION Communications concerning this proposal shall be addressed to: Company Name Tax ID Number W_9 Attached ❑ Contact Name Phone Title Email Address The following addenda are hereby acknowledged: Addendum Number Date Page 14 of 21 502 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022054 for Gifford Family Housing Development 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN)is 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code,means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement,which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 15 of 21 503 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement,or one or more of the officers,directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by (name of person making statement). (Signature of Notary Public-State of Florida) (Print,Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. Page 16 of 21 504 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies,or affiliates of such entities or business associations,that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations,that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity(or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel, or(ii)for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: Page 17 of 21 505 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx CERTIFICATION REGARDING LOBBYING The undersigned Proposer certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Anyperson who fails to file the required certification shall be to a civil penaltyof not q subject less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Proposer's Authorized Official Name and Title of Proposer's Authorized Official Date Page 18 of 21 506 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx Exhibit A — Eligible Household Income Ranges Household Income Must be Below 80%Area Median Income* Household Size Low 80%AMI 1 Person $44,750 2 Persons $51,150 3 Persons $57,550 4 Persons $63,900 5 Persons $69,050 6 Persons $74,150 7 Persons $79,250 8 Persons $84,350 * Median Income (MI) =$79,900.00(Source: Florida Housing Finance Agency). Income requirements are subject to annual updates by the Florida Housing Finance Agency. Page 19 of 21 507 E6465d04-9a11-456f-B73a-A0553ca56d65.Docx Exhibit B — Site Design Code Requirements and Process The following table shows overall project site development code references that could be relevant to a small lot subdivision and/or planned development. All Development proposals should start with a Pre-Application Conference. Regulation Code Reference Required Notes Description or Optional Section 914.06(2)—Site Plan Site Plan, Subdivision, or PD Section 913.07(3)— Required Pre-Application Subdivision Section 915.22(1) - PD Chapter 913 (click hyperlink) Required Preliminary Plat Requires Planning and Zoning Subdivisions and Commission Review and Approval. Final Plat Plats Requires Board of County Commissioners Approval. Chapter 915 (click hyperlink) Option 1 Requires Planning and Zoning Commission (Conceptual) and Board of County Commissioners (Preliminary and Final) review and approval. Planned First Apply for Pre-Application Conference: (Link Development(P.D.) to PD Pre-Application) Process and Standards for After Pre-Application Conference Apply for Development formal PD Review as Directed at Pre-Application Conference: (Link to PD Application—after Pre- Application) (See Exhibit E) Option 2 Contains requirements for Small Lot Small Lot Subdivisions. Establishes reduced lot sizes and Subdivision setbacks from standard RM-10 zoning Regulations regulations. Requires Planning and Zoning Commission Review and Approval. Section 911.08(click Option 3 Contains RM-10 zoning district lot size and Multiple family hyperlink) dimension requirements Establishes standard lot residential districts size and dimension requirements. Overall site configuration may not accommodate these standard requirements. Landscape and Chapter 926 (click hyperlink) Required Buffer Regulations Storm water Chapter 930 (click hyperlink) Required Management and Flood Protection Traffic Chapter 952 (click hyperlink) Required Page 20 of 21 508 E6465d04-9a 11-456f-B73a-A0553ca56d65.Docx Exhibit C — Evaluation Criteria Points Evaluation Criteria Available Project Review and Scoring Guide Development Team Demonstrates the ability to design and construct a home on Experience and Past Performance— 10 schedule and on budget by providing solid qualifications of Content items 1 through 4 and 13 team members, and detailed information about previous comparable projects that have been built successfully (Prefer 10+years/experience) Financial Feasibility Demonstrates financial feasibility of the project by Content items 5-6 35 providing realistic cost estimates in a complete development budget. Projects an affordable and attainable sales price attainable by buyers with income below 80%AMI. Quality of Design and Construction Presents site plans and elevations for a home that is well Content items 740 20 built, meets design standards and County code, and is expected to be compatible with future Gifford homes. Demonstrates a strategy to identify potential buyers. Ability to Proceed 15 Demonstrates a readiness to proceed by providing Content items 11-13 financial commitments and a realistic project timeline. Community Compatibility 20 Submits an overall site concept that is sensitive to the unique needs of the Gifford Community, is architecturally consistent with the neighborhood, and is compatible with the Goals and Objectives of the Gifford Neighborhood Plan Page 21 of 21 509 III DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E.,Assistant Public Works Director FROM: Mark Winslow, P.E., Project Engineer SUBJECT: Award of Bid No. 2022067 Dick Bird Park Pickleball Courts, IRC-2204 DATE: August 9, 2022 DESCRIPTION AND CONDITIONS On November 5, 2019,the Board of County Commissioners approved Work Order No. 27 to Kimley-Horn and Associates, Inc.,to provide for project program and analysis, site planning, construction documents, permitting, and an engineer's opinion of probable cost for a pickleball court facility at Richard N. "Dick" Bird Park. Following completion of design,the project was advertised for bids and a bid opening was held on August 2, 2022. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as following: COMPANY TOTAL BID South Florida Building, Inc. DBA BDI Marine Contractors $795,437.00 Barth Construction, Inc. $839,764.59* Guettler Brothers Construction, LLC $860,555.00 Jobear Contracting, Inc. $971,647.14 Close Construction Services, LLC $1,040,570.00* *Denotes mathematical errors on bid form corrected 510 PAGE TWO Award of Bid No.2022067 Dick Bird Park Pickle Ball Courts For August 16,2022 BCC Meeting South Florida Building,Inc.DBA BDI Marine Contractors is the low bidder for the project with a bid totaling $795,437.00. However, during review of their qualifications, staff found no pickleball or tennis court construction experience listed, and could not find information relating to the experience of the listed subcontractor for court construction.The Purchasing Division sent a request for clarification to the email address provided in the submitted bid, requesting qualifications for the court subcontractor. The requested additional information has not been received within the five days,as instructed in the bidding contract documents and specifications.Staff is therefore unable to attest that BDI Marine has completed projects of similar scope (pickleball court construction), and have therefore been deemed non- responsible. Barth Construction, Inc.is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling$839,764.59. This bid is$268,914.59 above the engineer's estimate of$570,850.00. Upon review of the qualifications and references, Staff has determined that Barth Construction, Inc. has successfully completed similar construction projects. FUNDING Funding for this project is budgeted in Parks Impact Fees/Pickleball Complex South County; Account # 10321072-066510-20002 in the 21/22 Capital Improvement Element(CIE). For FY 21/22 there is a balance of $484,388 available with $100,000 programmed into FY 22/23. Along with the Barth Construction contract for $839,765 is the Musco lighting contract for $195,000. The shortfall of $450,377 will be programmed into the FY 22/23 CIE. RECOMMENDATION Staff recommends the project be awarded to Barth Construction, Inc. in the amount of$839,764.59 for Dick Bird Park Pickleball Courts. Staff further recommends the Board approve the Sample Agreement and authorize the Chairman to execute said agreement after review and approval of both,the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, the receipt and approval of required insurance by the Risk Manager, and receipt of evidence of Barth Construction's enrollment in e-verify. ATTACHMENTS Sample Agreement AGENDA ITEM FOR AUGUST 16,2022 511 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B C08615 A\@BCL@BC08615 A.docx PAGE TWO Award of Bid No.2022067 Dick Bird Park Pickle Ball Courts For August 16,2022 BCC Meeting 512 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BC08615 A\@BCL@BC08615A.docx SECTION 00520 Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 -WORK 2 ARTICLE 2-THE PROJECT 2 ARTICLE 3- ENGINEER 2 ARTICLE 4- CONTRACT TIMES 2 ARTICLE 5 -CONTRACT PRICE 3 ARTICLE 6- PAYMENT PROCEDURES 3 ARTICLE 7- INDEMNIFICATION 4 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9-CONTRACT DOCUMENTS 6 ARTICLE 10- MISCELLANEOUS 7 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] Agreement(Public Works)REV 04-07-00ri 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx SECTION 00520 Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Error! Reference source not found. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Error! Reference source not found. County Project Number: Error! Reference source not found. FM Number: Error! Reference source not found. Bid Number: Error! Reference source not found. Project Address: 800 20th Avenue SW, Vero Beach, FL 32962 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run. Agreement(Public Works)REV 04-07-0c5�1 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,197.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After 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 $1,197.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Agreement(Public Works)REV 04-07-00515 C:\U se rs\ufc-prod\Ap pD a to\Local\Temp\BCL Technologies\e a syP DF 8\@BCL@ C0128 E7C\@BCL@ C0128E 7C.docx Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent(5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are 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. 6.05 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 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 Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement(Public Works)REV 04-07-0061 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including 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 F. 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. G. 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. H. 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. 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 for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 00520-1 to 00520-9, inclusive); Agreement(Public Works)REV 04-07-00517 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment(pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor& Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (C-100), and sheets numbered C-001 through C- 012, inclusive, with each sheet bearing the following general title: Dick Bird Park Pickle Ball Courts; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A— Permits Appendix B— Indian River County Fertilizer Ordinances 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1)t 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Agreement(Public Works)REV 04-07-00529 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall begoverned bythe laws of the State of Florida. Venue for anylawsuit a suet brought byeither partyagainst the other partyor otherwise arisingout of this Contract shall 9 9 be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Agreement(Public Works)REV 04-07-005219 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx (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(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] Agreement(Public Works)REV 04-07-00520 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx 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 day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: James W. Ennis, P.E., PMP Designated Representative: Title: Assistant Public Works Director Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 226-1371 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION ** Agreement(Public Works)REV 04-07-00521 C:\Users\ufc-prod\AppData\Loca I\Temp\BCL Technologies\easyPDF 8\@BCL@C0128E7C\@BCL@C0128E7C.docx 10/28/2022 Indian River County Board of County Commissioners 1 August 16, 2022 REVIEW OF PROPOSED RFP FOR REDEVELOPMENT OF FORMER GIFFORD GARDENS SITE Background July 13,2021-BCC reviewed and r approved RFP 2021014 `�Oj �``� Offered significant incentives for +' - , 'r ' ?1 . . developers to bid on redevelopment ct "` -- former Gifford Gardens(4730 40e Ave) '' ''' , tW site with affordable housing. - 1 bid was received. 1,7 „ ' GIFFORD GARDENS PROPER >t 4730 40TH AVf U E ', April 12,2022-BCC rejected proposal = . April 27,2022-AHAC workshop with ',- 1 f" "E ` ila I 1 t & _ - Count PlanningStaff. :_ ''t .w Reaffirmed desire for single-fom iy * �. ,�"°'` ! *. homes that could build aere„t`ona' �� Ma wealYr �` �� � �� :T i � 594 _ 1 10/28/2022 Comparison Previous RFP Proposed RFP ► Stringent Home Design Standards ► Relaxed Home Design ► Target affordability for up to 120%AMI ► Target affordability for up to 80%AMI ► $350,000 grant from County ARP funds ► $500,000 grant from County ARP funds ► No target price point for single-family ► Target price point for single-family home sale. home sale$275,000 Proposed Incentives ► Free Land ► Pre-paid impact fees ► Pre-paid water and sewer ERUs (22 single-family homes) ► $500,000 grant from County ARP for engineering/design, and hard development costs (road construction/installation,retention pond installation,site grading,water/sewer line installation,etc.). 10/28/2022 Recommendation ► Staff recommends that the BCC review the proposed final draft RFP and: Provide any proposed changes to the RFP; 2. Allow any potential final edits to the RFP as may be recommended by various County review departments; 3. Authorize the transfer of$150,000 in ARP funding(RENO Program) to the Gifford Gardens Project; 4. Direct staff to advertise the RFP (as may be modified). Backup Household Income Must be Between 80%Area Median Income and 1 120%Area Median Income Household Size Low 80%AMI Moderate 120%AMI 1 Person $40,900 $61,320 2 Persons $46,750 $70,080 3 Persons $52,600 $78,840 4 Persons $58,400 $87,600 5 Persons $63,100 $94,680 6 Persons $67,750 $101,640 7 Persons $72,450 $108,720 8 Persons $77,100 $115,680 • • ��� r 3 iV j c Office of Attorney's Matters 08/16/2022 AC. INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J. Prado,Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: July 28, 2022 SUBJECT: Acquisition of Right-Of-Way for Phase H of 66th Avenue Improvements — Ken Chesnut— 6900 65th Street, Parcel 303 Ken Chesnut is the owner of a 9.8-acre parcel of property on the north side of 65th Street west of 66th Avenue as depicted on the aerial photo attached to this memorandum as Exhibit "A". The property is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. The site was a former citrus grove but now has been cleared, furrowed and planted with over 200 mango trees and other fruit trees. Improvements include a large barn used for equipment storage and a workshop, fencing, pond and a flow well with a pump. The County filed a lawsuit in eminent domain against Mr. Chesnut in June, 2021. The County's good faith deposit was made to the registry of the court in the amount of $29,500.00. This amount was withdrawn by Mr. Chesnut pursuant to an Agreed Order of Take in September, 2021. Construction plans call for the County to acquire Parcel 303 from Mr. Chesnut: • Parcel 303 is made up of 0.38 acres (16,500 sq. ft.) of right-of-way consisting of a 50' X 330' wide strip along the entire length of the southern border of the 9.8-acre parcel; • Six live oak trees ranging in size from 9 to 15 inches in diameter. • Two gates and approximately 400 linear feet of fencing. Please see the sketch and legal descriptions of Parcel 303 attached as Exhibit "B" to this memorandum. The County's appraisal for Parcel 303 was performed by Armfield & Wagner. The appraisal assigned values as follows: 522 Chesnut 65th Street Parcel 303 August 11, 2022 Page 12 Land Value: 0.38 acres @ $25,000/acre = $9,500 Value of Improvements: Wood fencing, oak trees, gravel driveway, grassed areas, irrigation = $20,000 Land value + Value of Improvements = Total Compensation for Parcel 303 $9,500 + $20,000 = $29,500 The appraisal did not find any severance damages. The appraisal did attach a value of $20,000 respectively, for the oak trees and fencing that runs parallel to 65th Street. Re- establishing the two driveways was estimated at a cost of$8,250. Mr. Chesnut, accompanied by his attorney Mike Whitt, attended the mediation with Tony Gonzales as the mediator, and County staff consisting of Rich Szpyrka and Bill DeBraal on July 19, 2022. Mr. Chesnut submitted an appraisal seeking $153,200 in compensation, claiming that he would have to reconfigure the gates,fencing, interior drive isles and parking due to the proposed take. His plan for the property is to have a sustainable farm where fruit (mangos) and other vegetable would be raised. He claims ( 9 ) 9 that 21 mango treeswould ou d be lost due to the reconfiguration and the cost to cure the g effects of the take would be $58,600. Their assessment of damages would be: Land value +Value of Improvements + Cost to Cure =Total Compensation for Parcel 303 $13,500 + $81,100 + $58,600 = $153,200 After a full day of mediation, Staff and Mr. Chesnut agreed on the terms of the Mediation Settlement Agreement that is attached to this memorandum as Exhibit "C". The settlement terms are: • The County will pay to Mr. Chesnut$135,000 for right-of-way Parcel 303, which is inclusive of all severance damages, damages to the improvements, cost to cure and reconfigure, attorney's fees and all costs and expert witness fees. The County will receive a credit for the $29,500 already paid into the court, and the balance payable to Mr. Whitt's trust account will be $105,500. • The County will install two 24' wide standard stabilized driveways (not concrete) at their current locations • The County (or its contractor) will deliver 60 cubic yards of stabilized base and 45 cubic yards of Florida Department of Transportation specified shell or lime rock to locations specified by Mr. Chesnut and he will be responsible for construction of the reconfigured new roads. By settling the case prior to trial, staff is attempting to save on expert witness fees and attorney's fees incurred by both the County and from Mr. Chesnut. As noted in the past, 523 Chesnut 65th Street Parcel 303 August 11, 2022 Page 13 expert witness fees for both parties often exceeds $100,000 by the time the suit is ready for trial. Pursuant to state statutes, the County is responsible for reasonable expert witness fees of Mr. Chesnut. The County will incur significant savings by not having to pay our trial witnesses (appraiser and engineer) and outside counsel for depositions and trial preparation. STAFF RECOMMENDATION: Staff recommends the Board approve the Mediation Settlement Agreement for the Chesnut property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding in the amount of $105,500 for this acquisition is budgeted and available from Traffic Impact Fee/District I/Row/66th Avenue-69th Street-85th Street-Acct# 10215141-066120-16009. Attachments: Exhibit "A" Aerial Photo Exhibit "B" Sketch and Legal Description of Parcel 303 Exhibit "C" Mediation Settlement Agreement Copies to: Bill p Doney, Esq. Mike Whitt, Esq. 524 Indian River CouE X H i B 1 T i 1 ill nty,u nty, F L L1TA / .. ...Pt 4 y F . —+---• rOverview) ' . . . 4.1r � a rs ,"-: , o..,-,,,, .. ,,,,a . ,-, t. ', 'rs4 •1:„.;14, ..'441--...qt7,� - l f✓;'. !arit .1 If . 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MEDIATION SETTLEMENT AGREEMENT At the Mediation Conference held on July 19, 2022, thearties reached p the following Settlement Agreement, subject to the approval by the Indian River County Commission: 1. Petitioner, Indian River County ("COUNTY") will pay Respondent, Ken Chesnut ("Chesnut") as follows: a. Chesnut shall receive the sum of $135,000.00 in full settlement of claims for compensation from COUNTY,, includingstatutory'interest, and ryall claims related to real estate, severance damages, costs to cure, attorney's fees, expert witness fees, costs and all apportionment interests, if any. b. In addition to the above stated sum, the County shall supply Chesnut with a 24- foot wide stabilized driveway at the same location of the existing eastern driveway. The County shall narrow the existing western driveway to a maximum width of 24 feet utilizing the existing materials. Both eastern and western driveways shall be deemed to be properly- permitted, legal and conforming driveways by Indian River County. 527 c. The County shall deliver to the Chesnut property, at a location to be determined by Chesnut, 60 cubic yards of stabilized base and 45 cubic yards of Florida Department of Transportation specified shell or limerock. Chesnut shall have 270 days to advise the County that he is ready to receive delivery. 2. COUNTY previously deposited in the Registry of the Court its good faith estimate in the amount of $29,500.00. Within 30 days from the date of receipt by COUNTY's counsel of a conformed copy of the Stipulated Final Judgment in this matter, COUNTY shall issue a check to the Chesnut's attorney's trust account the sum of $105,500.00, representing the difference between the total settlement sum and the COUNTY's previous deposit. 5. This mediation settlement agreement is subject to the approval by the Indian River County Board of County Commissioners Commission. All reasonable efforts shall be made in order to present this settlement agreement to the County Commission during the month of September 2022. 6. Within fifteen (15) days of approval, Indian River County and Chestnut shall sign and submit a stipulated final judgement according to the terms set forth herein. County Public Works Drector Ken Chesil , Owner ' \,1) ,,,- -- Deputy Cc'unty Attorney Michal R. Whitt, Escpr e 1� r ,. Hahn Goeser & P Bks ,/% ' 1� Attorne a_for=Ken Chesnut t`; William P. Doney, Esquire La f Caldwell Pacetti, et al. Attorneys for COUNTY 528 IN WITNESS WHEREOF, the Board has executed this Mediation Settlement Agreement at as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and les al sufficiency v /14,. William K. DeBraal Deputy County Attorney Approved: By Jason E. Brown County Administrator 529 tt1vEk _' Office of Attorney's Matters 8/16/2022 Cn INDIAN RIVER COUNTY r ATTORNEY 4th Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J.Prado,Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: July 29, 2022 SUBJECT: Authorization to proceed with foreclosure on Code enforcement cases: 2020030013 (15th Avenue) (Palmer, Michael and Kelly) and 2018010025 (20th Avenue) (Cavalier, Diackamann) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on July 25, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2020030013 (15th Avenue) (Palmer, Michael and Kelly): This code enforcement action started in 2020 with a complaint regarding vehicle parking and storage, boat/trailer storage, zoning district use, commercial vehicles at a residence, junk vehicles, junk, trash, and debris. There was an evidentiary hearing on September 28, 2020 at which time the respondent was found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondent was given until November 20, 2020 to correct the violations. At a compliance hearing held on November 23, 2020, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of$100.00 per day. The order is recorded at O.R. Book 3370 and Page 2073. The property was brought into compliance by the County's entering the property to clean it up via the permanent injunction granted by the Circuit Court in September 2021 . This property is a homesteaded property. To recoup the costs to the County on this property it is necessary to have the Board authorize recoupment through the foreclosure proceedings already authorized by the Board on the secondary property owned by the Palmers, which is located at 1286 14th Avenue, Vero 530 Code Enforcement Foreclosures August 10, 2022 Page 12 Beach, Florida. Case Number 2018010025 (4230 20th Avenue, Vero Beach, FL 32967) (Cavalier, Diackaman): This code enforcement action started in January 2018 with a complaint of an unsecured vacant structure and overgrown weeds. There was an evidentiary hearing on February 26, 2018 at which time the respondent was found in violation of IRC Code. The respondent was given a time frame to correct. At a compliance hearing held on March 26, 2018, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of$100.00 per day. The order is recorded at O.R. Book 3109 and Page 1502. The property was owned by TWR AS CST FOR EBURY FUND 2FL LLC at the time of the violation and was subsequently transferred to 4230 Land Trust on November 15, 2019, then transferred to Diackaman Cavalier on December 19, 2019. The property remains out of compliance and the fine continues to accrue. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000 and will be paid out of MSTU/Environmental Planning/Legals Services, Account #00420724-033110. Funding for these services will be made available from a subsequent budget amendment funded q 9 by MSTU Fund Reserves. This funding will be offset by any revenues received through the foreclosure process, after previous costs are recovered. Recommendation:dat on. Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Orders imposing fines for case numbers 2020030013 and 2018010025. Deeds for case numbers 2020030013 and 2018010025. 531 7/29/22, 11:13 AM Landmark Web Official Records Search 3120200077960 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3370 PG: 2073,12/22/2020 4:22 PM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY,FLORIDA IN THE MATTER OF: CEB Case No.2020030013 PALMER,MICHAEL S and KELLY L 1262 15TH AVE VERO BEACH, FL 32960 ,Respondents ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on September 28, 2020, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact,conclusions of law,and an oral order which was reduced to writing and furnished to the Respondent to take corrective action by a certain time, as more specifically set forth in that order. On November 23, 2020, this Board conducted a compliance hearing to determine whether the Board's order of September 28, 2020, as amended by Order Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing,but did not attend the hearing. Based on the evidence and testimonypresented at the hearing, this Board finds that the required 4 corrective action has not been taken asr o dered and that there does in fact exist junk vehicles,multiple boats, vehicles parked/stored outside of designated parking areas, commercial vehicles and carpet, construction materials and miscellaneous trash in the RS-6 Zoning District, which constitutes the use of the property in violation of Section(s) 973.03(2), 973.03(2), 911.15(4)B, 912.17(3), 912.17(1), .04(2)(C), of the Code of Laws and Ordinances of Indian River County. The Board's previous order,as amended, set forth a compliance date of November 20,2020,and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property,situated in Indian River County,Florida,to wit: Location: 1262 15TH AV VERO BEACH Tax Parcel ID No. 33-39-11-00000-1000-00008.0 Legal Description: BEG AT SE COR OF SW 1/4 OF SE 1/4 OF NE 1/4;RUN W 160 FT;N 481.78 FT FOR POB;N 180 FT; W 195.92 FT;S 180 FT; E 195.92 FT TO POB AS OR BK 109 PP 5 beginning November 21,2020. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street,Vero Beach,Florida 32960,(772)226-1249. DONE AND ORDERED November 23, 2020, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date,nunc pro tuns. 532 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=11 1/2 7/29/22, 11:13 AM Landmark Web Official Records Search BK: 3370 PG: 2074 EXECUTED by the Chairman of the Indian River County Cpdgnforceczent Board,and attested and countersigned by the Recording Secretary of such Board this I LPday of -€rnyz 2020. CODE ENFORCEMENT BOARD O,F INDIAN RIVER COUNTY,F tAIDP�w;,;,;. - ATTEST: / �d By: � `'�1 \(J2hi..1! Y a: V.ressa Desnoyer David Myers ,Chairman . -+ ��.,,-,, -- Recording Secretary Indian River County Code EI , al� , CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a true copy of the foregoing Order Impo g Fine was . ovided t e above- �med Respondent(s)by first class U.S. Mail addressed to the above-..ec. ed addres ;s this I�day of X ,2020. . V.rssa Desnoyers, •ecording Secretary REVIEWED AS TO LEGAL FORM: C ,a ;;t I LORIDA 1NU:.1N RIV R COUNTY40:.::. ✓a/ 0 / THIS IS TO CERTIFY THAT THIS ISA _ TRUE AND CO" TCOPY OFT ` ' ennif. I.'eshke / ORIGINAL O. Bo. d Advising • orney THIS oFFle: • _ RETARY t'" �.� 'r! B Case No. 2020030013 C• ''C 'I KA-, v � Code Officer: VANESSA CARTER SOLOMON BY: / 41/1 ` ; L, DATA ' 0190 ... ...... ...:.,,,,, COUNTYArTORNEY'S INDIAN MYE. COUNT"(ICE rapt Z7th Street Y?rr!c..—i r!"71,1", 533 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/2 1774218 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2064 PG: 1334, 08/07/2006 09:22 AM DOC STAMPS D $1190.00 WARRANTY DEED Made this 31st day of July,2006 by Patricia A.Hall,a Single Adult, whose address is:5135 S.Alligator Place;Floral City,FL 34436, hereinafter called the grantor,to Michael S.Palmer and Kelly L.Palmer, Husband and Wife, whose post office address is: 1262 15th Avenue, Vero Beach,FL 32960-3764,hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of 510.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Indian River County,Florida,to-wit: Commencing at the Southeast corner of Southwest Quarter of Southeast Quarter of Northeast Quarter of Section 11,Township 33 south,Range 39 East,run Weston the south line of said 10 acre tract a distance of 160 feet,thence run North parallel to the East line of said 10 acre tract 481.78 feet to point of beginning; thence run North parallel to the East line of said 10 acre tract a distance of 180 feet;thence run West on North line of said 10 acre tract a distance of 195.92 feet;thence run South parallel to the East line of said 10 acre tract 180 feet;thence run East parallel to the North line of said 10 acre tract a distance of 195.92 feet to the point of beginning;all lying and being in Indian River County,Florida. Tax Folio Number: 33-39-11-00000-1000-00008.0 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in 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 taxes accruing subsequent to December 31,2004,and covenants,conditions, restrictions and easements recorded in the public records. In Witness Whereof,the said grantor has signed and sealed these presents the day and year first above written. sealed and delivered�n our prese e: fd.Hall j 4-91111k-1 n1114) i ti . 'er Witness i I4y S. V11011 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 31st day of July,2006,by Patricia A.Hall,a Single Adult,who is/are personally known to me or who has/have pro,uced-Florida Drivers cense as' entificatioa. •ry Publ 111 My Commission Expires: nec! i 0'PREPARED ao REPARED BY AND RETURN TO: .1,;J Jennifer A.FergusonUS � ,d JENNIFER A.FERGUSON,AN EMPLOYEE OF .. �=Commission#DD333891 Ct' p .NEW REPUBLIC TITLE,INC. a. Z_Expires:Jun29,2008 .111 {D:"613 Beachland Boulevard -.: ''tt;4"' Atlantic g • Co,Inc Vero Beach,FL 32963 I File No.:061351 WD SALE PACKAGE Page 1 of 16 534 3120200003853 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3270 PG: 1943,1/22/2020 8:17 AM D DOCTAX PD$221.20 Return to: DIACKAMANN CAVALIER 10124 BOYNTON PLACE CIRCLE BOYNTON BEACH, FL 33437 This Instrument Prepared by: CANDICE ARMSTRONG PO BOX 872590 VANCOUVER, WA 98687 Property Appraisers Parcel Identification (Folio) Number(s): 32392600006000000005.0 (SPACE ABOVE THIS LINE FOR RECORDING DATA) QUIT CLAIM DEED (Whenever used herein the term "grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigned of individuals,and the successors and assigns of corporations and shall be construed to include all genders and singular or plural as the context indicates.) Made this 13Ili day o U e., Q,( , ‘"t BETWEEN 4230 20th Land Trust, Under Trust Agreement Dated 10/22/2019, Long Key LLC, a Wyoming Limited Liability Company as Trustee, whose address is 301 Thelma Dr. #520, Casper, WY 82609, Grantor, and, Diackamann Cavalier, a Single Man, whose address is 10124 Boynton Place Circle, Boynton Beach, FL 33437, Grantee. Witnesseth: that the grantor, for and in consideration of the sum of$31,520.00 Dollars,and other good and valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right, title, interest,claim and demand which the said grantor has in and to,all that certain land situate in Indian River County, Florida to wit: SEE ATTACHED EXHIBIT 'A' MADE PART HEREOF BY REFERENCE Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity,to the only proper use, benefit and be hoof of the said grantee forever. Page 1 of 3 Pages 535 BK: 3270 PG: 1944 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. dororri S. Seal, as agent, Long Kegt LL 'rustee Angela Tipton of 4230 20th Land Trust Tri• -n 's• ardson STATE OF \I\jl/ 5rNA % • COUNTY OF if" The foregoing instrument was acknowledged before me on \'2. � [� ' VI by S. Seal,as Agent,Long Key, LLC,Trustee of 4230 20'hLand Trust,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. oximbie My commission expires: C� LCA j -GAG ARM`too 4. Notary Public for the State of W 1T0- ;�Q� �sU�s�3 , NOTAq RECORD AND RETURN TO GRANTEE LISTED ABOVE % cco PUBLIC C31 s ti et Op WASP Page 2 of 3 Pages 536 BK: 3270 PG: 1945 EXHIBIT 'A' Assessor's Parcel Number: 32392600006000000005.0 PINSON SUB - LOTS 5 & 6 PBI 2-94 EXCEPTING AND RESERVING: All gas and mineral rights, if any, currently held by Grantor. Page 3 of 3 Pages 537 3120190068211 RECORDED IN THE RECORDS OF JEFFREY R. SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3256 PG: 413,11/20/2019 3:30 PM D DOCTAX PD$0.70 PREPARED BY: I Patrick Seymour I 252 W.Swamp Road,Ste.40 Doylestown,PA 18901 RETURN TO: Long Key,LLC 301 Thelma Drive#521 Casper,WY 82609 PARCEL:32392600006000000005.0 QUIT CLAIM DEED THIS INDENTURE,by TWR AS CST FOR EBURY FUND 2L LLC party of the first part ("Grantor"), whose mailing address is P.O. Box 278,Rye,NY 10 80, and 4230 20th Land Trust Under Trust Agreement dated 10/22/2019,Long Key LLC,a W1oming Limited Liability Company as Trustee party of the second part ("Grantee"), whose mailing address is 301 Thelma Drive,#521,Casper,WY 82609. WITNESSETH: That the said party of the first part, for and in c I nsideration of the sum of Ten and Noll 00ths Dollars, and other valuable consideration, in hand 'd by the said party of the second part, the receipt whereof is hereby acknowledged, does ereby remise, release and quit-claim unto the said party of the second part forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the followini described land in Indian River County,Florida,to-wit: PINSON SUB-LOTS 5&6 PBI 2-94 *Grantor confirms that the above described party is not its h¢mestead property* [THIS SPACE INTENTIONALLY LEFT 4LANKJ 538 BK: 3256 PG: 414 TO HAVE AND TO HOLD the above described premises, with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,title, in H :.t, lien, equity and claim whatsoever of the said first party,either in law or equity,to the • • ... use,benefit and on behalf of the said party of the second part,and assigns forever. IN WITNESS WHEREOF,the said parties of the part have set their hands on this 15th day of November 2019. Signed,sealed and delivered in our presence: X Pil1011e. f)gl. John Hanratty,Manaer TWR AS CST FOR URY FUND 2FL LLC ir i ,. i Witness: it. 4h Witness Printed Name: Patrick Seymour 1 i w11-rtl S5: .e.... I —Pro /Ucrr,C C h Pr 0,1 L e Gr,uS c STATE OF NEW YORK COUNTY OF WESTCHESTER I HEREBY CERTIFY that on this 15th day of November 2019,befo :me,an officer duly authorized in the state and county aforesaid to take acknowledgments,perso : ly appeared John Hanratty, who is personally known to me or has produced identification/driver's license : d acknowledged before me that he/she executed same for purposes expressed therein. [SEAL] • �4/4Ii 4 it SARAH N WELLS Notary PubliW 4 Notary Public-State of New York i NO.01WE6373961 Qualified in Westchester County if My commission expi -.: 04/16/2,1n2 My Commission Expires Apr 16,2022 • s v. — ..- r.r-- -n vv ei 539 7/28/22,4:27 PM Landmark Web Official Records Search 3120180023966 RECORDED IN THE RECORDS OF JEFFREY R SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3109 PG: 1502,4/19/2018 4:21 PM • CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY,FLORIDA IN THE MATTER OF: CEB Case No.2018010025 TWR AS CST FOR EBURY FUND 2FL LLC PO BOX 54908 NEW ORLEANS,LA 70154 ,Respondent ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on February 26,2018, after due notice to the Respondent,at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact,conclusions of law,and an oral order which was reduced to writing and furnished to the Respondent to take corrective action by a certain time, as more specifically set forth in that order. On March 26, 2018, this Board conducted a compliance hearing to determine whether the Board's order of February 26, 2018, had been complied with. Respondent was provided proper notice of the compliance hearing,but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board fords that the required corrective action has not been taken as ordered and that there does in fact exist an unsecured vacant structure and overgrown weeds in excess of 12 inches in height on the property in the RM-6 Zoning District,which constitutes the use of the property in violation of Sections 973.03(1)and 403.06(6),of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended,set forth a compliance date of March 23,2018,and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property,situated in Indian River County,Florida,to wit: Location: 4230 20TH AV VERO BEACH Tax Parcel ID No. 32-39-26-00006-0000-00005.0 Legal Description: Lots 5&6,Pinson Subdivision,PBI 2-94 beginning March 24,2018. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR,pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street,Vero Beach,Florida 32960,(772)226-1249. DONE AND ORDERED March 26, 2018, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date,nunc pro tunc. COUNTY ATTORNEY'S OK ICE INDIAN RIVER COUNTY 1801 27th Street Vera Beach,Florida 31960 540 https://ori.Indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/2 7/28/22,4:27 PM Landmark Web Official Records Search BK: 3109 PG: 1503 • EXECUTED by the Chairman of the Indian River County Code Enforcement Board,and attested and countersigned by the Recording Secretary of such Board this `(o day of !' 4) r— f ,2018. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY,FLORIDA ATTESat' _ �t/Yrbe, • • isa.arlson Frank M.Clements III,Chairman ;' t'1 I:• Recording Secretary Indian River County Code Enforcem en fp d �'_ CERTIFICATE OF SERVICE i 1 ;._, 64:i,"`• 4.: I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the afiove- na,p(�iedd Respo dent(s)by first class U.S.Mail addressed to the above-specified addresses this I L„ day of r`1 [ ,2018. vae/kAiff-ni JCarlson,Recording Secretary REVIEWED AS TO LEGAL FORM: STATE OF FLORIDA // INDIAN RIVER COUNTY C� THIS IS TO CERTIFY THAT THIS ISA Edie E.Collins TRUE AND CORRECT COPY OF THE Board Advising Attorney ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CEB Case No. 2018010025 C ENFORCEMENT BOAR Code Officer: KELLY BUCK a)A Ni.)77-1&_) B V h) DATE: 11 1 ttO ! 8 f. ., r; 541 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/2 10/28/2022 August 16, 2022 Foreclosure Cases 1262 15th Ave, Vero Beach, FL 32960 January 2021 History • On Decemso 21 onrd imposing fine ber was ssue020dan ad created a lien on the property. • On June 1, 2021 an order declaring the n property a public nuisance was issued by the Code Enforcement Btitgs oard. • On September 28, 2021,the circuit court issued an order allowing the County to cleanup the property and remedy the public nuisance. • The public nuisance was remedied on or about November 12, 2021. 5_11 - 1 10/28/2022 126215th Aye, Vero Beach, FL 32960 January 2022 Continued History • To remedy the public nuisance the county expended$19,000 • Subsequently to remedying the public nuisance the Palmers violated the September 28,2021 permanent injunction and brought junk,trash, and debris back onto the property. • The Palmers were held in contempt of court. ? • The Palmers have also had other code enforcement cases against them.One for illegal 44''" connection to utilities and another for unpermitted structures(shed and fence). • Code Enforcement Board issued and order to move forward with foreclosure on July 25,2022. • Staff Request • The lien for this case number is also attached to the property owned by the Palmers on 14th avenue which is not a homestead property, therefore foreclosure would be sought on the 14th avenue property. • While there is a foreclosure action already started on the case number 2017080035 For the 14th avenue violations, the county will not be able to recover the amount it put into the homestead property from the1 4th avenue property without moving forward on foreclosure of this lien as well. • Staff is requesting guidance from the Board of County Commissioners as weather to move forward with foreclosure action on the code enforcement lien for case number 2020030013. 5' — 2 10/28/2022 4230 20th Ave, Vero Beach, FL 32967 January 2018 History • Notice of Hearing sent via certified mail on February 9, 2018. Owner at the time (TWR ► L ` N As CST)signed for it on February 12, 2018. • Order finding violation was issued on March 15, 2018. • Order imposing fine was issued on April 16, 2018. 4230 20th Ave, Vero Beach, FL 32967 January 2022 Continued History • On December 19, 2019 the property was purchased by its current owner Diackamann Cavalier. • Code Enforcement Board ._ , issued an order to move forward with foreclosure of this case on July 25, 2022. 9I, 3 10/28/2022 Staff Request • Staff is requesting guidance from the Board of County Commissioners as to move forward with foreclosure action on the code enforcement lien for case number 2018010025. 5,_ 4 County Attorneys Matters-B.C.C. 8.16.22 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 7,2022 SUBJECT: Calcutta Drive Docks BACKGROUND. Calcutta Drive is a County road that runs parallel with a canal and the riparian rights to the canal are purportedly the County's. On May 6, 1985, the then County Attorney Gary M. Brandenburg wrote a memorandum to Art Challacombe, an Environmental Planner stating"that the canals and bulkhead system were placed within the subdivision for the benefit of all of the property owners in the subdivision." He went on to explain that"[a]s a result, the County has adopted the policy in the past of allowing individuals to build docks along the County road within the appropriate setbacks, provided they enter into an agreement to hold the County harmless for any and all damage to the bulkhead system of road." He added that"[t]his permitting has been done on a first-come,first-served basis, exclusively for property owners in Country Club Pointe." On February 5, 1991, the Indian River County Board of County Commissioners (the "Board") approved a license agreement for $100 per year. On May 26, 1998, the Board passed Resolution 1998-58, delegating the authority to the Community Development Director to execute license agreements pertaining to transferring property utilizing County riparian land for docks within the Country Club Pointe Subdivision. On May 10,2022,the Board voted to increase the annual license fee from $100 to $2,000 per year, for any new license agreements and implement a one-time dock license transfer fee of$5,000. The Board also voted to modify the current license agreements to include additional requirements. The Board also voted to implement a new policy that if a dock reverts to the County,then that dock will no longer be transferred to the future property owner, but will instead go to the next Country Club Pointe Subdivision property owner on the dock waiting list. On July 12, 2022, the Board voted approve the revised dock license agreements to reflect these changes and a resolution delegating to the Community Development Director the authority to execute the license agreements. The County Attorney's Office is now providing an update to the Board on various docks that have been identified as being in some form of disrepair. C:IU enlujc-praMppDatalLocallTempIBCL TechnologleslearyPDF 84BCL@701CAABEI@BCW01CAABEaloc 542 Board of County Commissioners August 7, 2022 Page 2 Dock 3 — September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. I have had email correspondence with Kevin Ellis over the past couple months and on July 20, 2022, he sent me pictures of the dock improvements that he has made. Based on the photos, County staff is of the position that the dilapidated portions of the dock and stairs have been repaired, and are now in an acceptable condition. Dock 7 - September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. I have had email correspondence with Patrick Savage. Building Department staff has confirmed that a permit application was submitted for this dock and is currently pending Planning and Building approvals. Dock 8—I sent a letter to the licensee on May 20, 2022 concerning severely deteriorated pilings. On July 20, 2022, Joey Replogle emailed me stating that he has taken steps to secure the pilings, using snap jackets to secure the pilings. He then sent me pictures, which staff believes demonstrates that the piling issue has been resolved. Dock 14 - September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. After no contact, I sent a follow-up letter in May 2022. On July 12, 2022, the Board voted to terminate the license agreement. Since then, I have had contact with Jeff Cusson. On August 1, 2022, the County received correspondence from William F. McCain, PE, indicating that his firm, W.F. McCain &Associates, Inc. has been retained to design the repair of the dock. Dock 17 — On April 12, 2022, John Jackson entered into a license agreement for this dock with Indian River County. Per the license agreement, he was required to apply for a license within 60 days and then had another 120 days to make repairs to the dock. I have had email correspondence with Jack Johnson. Building Department staff has confirmed that a permit application was submitted for this dock and is currently pending Planning and Building approvals. FUNDING Revenues collected for dock license agreements are deposited into account 001038-362010 - General Fund/Rents&Royalties. RECOMMENDATION. Since the deficiencies with Docks 3 and 8 appear to be corrected, the County Attorney's Office recommends that the Indian River County Board of County Commissioners provide guidance as to how to move forward with Docks 7, 14 and 17. C:IUseralafcprodlAppDalalLocallTempIBCL TechsmlopealeasyPDF 8413CL®707CAAEEIQBCLQ70ICAABBdoe 543 August 16, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 08,2022 SUBJECT: Board consideration of a request from Jennifer and Mark Trodglen for a variance for their shed. FROM: Peter D. O'Bryan, Chairman Commissioner,District 4 Discussion Item: Mark and Jennifer Trodglen are requesting that the Board of County Commissioners approve their request for a variance for a shed located on their property. 544 August 16, 2022 ITEM 14.B. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 25, 2022 SUBJECT: Update/Discussion on Sector 7 Beach Renourishment Project FROM: Joseph H. Earman Commissioner, District 3 Background Sector 7 beach renourishment continues to be a significant issue for both the Beach & Shore Preservation Advisory Committee (BSPAC) and concerned citizens. At the March 8th BOCC meeting, the Board — citing the lack of sufficient signed easements needed to move forward—elected to postpone the Sector 7 project until at least November, 2023, while staff applies for extensions to FEMA and FDEP funding. During their July 18th committee meeting, the BSPAC members attempted to work through some of the outstanding issues facing the Sector 7 project, but as the discussion progressed it became clear that the committee lacked key information it would need to make further recommendations to the BOCC. Discussion I wanted to mention a few topics the BSPAC has recently explored and offer an opportunity for the Board to discuss some of these, as the members see fit. 1. The potential costs for the two methods of renourishing Sector 7 beaches (specifically, offshore sand dredge and land-based truck haul) remain hazy. Staff is attempting to provide updated estimates based on previously-submitted bid data, but it seems clear that, if the FEMA and FDEP funding extensions (totaling about $5.8M) are not granted, the Sector 7 project would be unachievable. However, even if the federal and state funds are extended, the BSPAC would ask for confirmation of the project's fiscal viability, given the ever-eroding buying power of the external funds. 2. I'd like to gauge BOCC support for changing the perpetuity of the current Sector 7 easement a lan ua perhaps to a 20- or 25-year g g p pduration, in order to entice more signatories. 545 3. Establishing a viable southern access point for large dump trucks would be key to a truck haul solution in the lower 3,800' of Sector 7. However, the committee would like to alert the BOCC that using the most reasonable entry point -- Moorings Floralton Beach Park at the southern extremity of the sector -- would require the relocation of a sizable colony of gopher tortoises. 4. The county would need to weigh an agreement with the owner of a vacant lot in the northern half of Sector 7 (Angler's Cove to Treasure Cove)for staging of support services. 5. Assuming we can secure the funding extensions and negotiate a modified easement that satisfies all parties, we would still need time to gather easements and accesses, solicit qualified bids, and clear the logistical hurdles in order to place Sector 7 in 2023/2024 budget. (Fortunately, permits for the project remain valid for 15 years.) 546 10/28/2022 1 W , v av f BEACH MANAGEMENT SECTOR 7 INDIAN RIVER COUNTY, FLORIDA ikft. .o...aL v"a° r Y'1% 91.0li 4 dh.4s-•..,— ,ilI ii. coos, INICmiC-•.....111110, yy ('tie '7.,. P.--..4„, y w.. � e i+ i \ • Z34 ' 7 'r RI.ms.µ q.: rowk 9rr' 4,k k' iki, sf1.54tt?' :i T.- ,,,,„_,„,...,kzt..).,,,, , . ,. ,t'l . 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" , '..r" y. f r, j ,; ""'" x7 , " fit! r a , �C 51p' 3 10/28/2022 , ,. �ti # ,, -� � ' ,*, .< If`5- a • a. i + f K.r11+k. r l� t y 4• S` .. -1 3 i '' -''''':.4'.: ' • a .: X . .:;.1.0...n.,... '. , + � ‘'•*`.. -;#•- ,,, .A. t� �_ �. ,+.e { • • ` ` "" *.:*•`•' F •�,• pry:_ {.�; a • T rP' ••:;''. r` �t -. ## e F M • f '• + T ^i,�/y 5 '4 /2) August 16, 2022 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2022 SUBJECT: Commercial PACE in Indian River County FROM: Susan Adams Commissioner, District 1 I would respectfully request a discussion on Commercial PACE in Indian River County. 547 /913 DISTRICT INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: August 2, 2022 SUBJECT: Approval of a Memorandum of Agreement between Florida Department of Health, Indian River Health Department & Indian River County Emergency Services District to Provide Routine Immunization Services. It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Indian River County Firefighters/Paramedics Association, Local 2201, IAFF, and the Indian River County Emergency Services District entered into a Collective Bargaining Agreement(CBA) on November 19, 2019. Article 15.07 of the Collective Bargaining Agreement outlines the responsibility for the County to provide routine immunizations for all Emergency Services District employees who request to be immunized. At this time, the Florida Department of Health, Indian River Health Department and the Emergency Services District wish to enter into a Memorandum of Agreement (MOA) to provide routine immunization services to the employees of Fire Rescue. The initial term of the MOA will be a period of one (1) year and will automatically renew each year, for no more than three(3) years. FUNDING: In FY 2022/2023, $25,000 is budgeted and available in Emergency Services District/Fire Rescue/Medical Services, account number 11412022-033120. ACCOUNT NAME ACCOUNT AMOUNT NUMBER Emergency Services District/Fire Rescue/Medical Services 11412022-033120 $25,000.00 548 DISTRICT RECOMMENDATION: Staff is recommending the Board approve and execute the Memorandum of Agreement between Florida Department of Health,Indian River Health Department&Indian River County Emergency Services District ATTACHMENTS: 1. Memorandum of Agreement between Florida Department of Health, Indian River Health Department&Indian River County Emergency Services District 2. Article 15 from Collective Bargaining Agreement dated October 1, 2019-September 30, 2022 549 Memorandum of Agreement Between State of Florida, Florida Department of Health, Indian River Health Department ("the Department") and the Indian River County Emergency Services District("the District"). PARTIES This memorandum of agreement addresses the collaborative efforts of the Department and the District. PURPOSE The purpose of this agreement is to provide routine healthcare services to employees of the District.These services will be provided by the Department at an agreeable time and place suitable to both parties. Department agrees to: 1. Provide covered services reference in the applicable product attachment(ATTACHMENT I)to Fire Rescue employees with the same degree of care and skill as customarily provided,within the scope of the Department employees' license and in accordance with generally accepted standards of Department practice and regulatory requirements. 2. Invoice the District for services provided to its employees in accordance with the Department Compensation Fee Schedule (ATTACHMENT II). The brand name and prices for vaccines and testing services are subject to change based on the maker of the vaccine and availability of the brand names in stock. 3. Submit an invoice to the District within fifteen (15) days following the month of service. District agrees to: 1. Implement a relationship with the Department for the Fire Rescue employee's vaccination program under direction of the County's Medical Director. 2. Process physician's orders and assist in setting up blood draws and vaccination appointments with the Department 3. Recognize and abide by Health Insurance Privacy and Accountability Act (HIPAA) Regulations and Florida Department of Health Information Security Policies (DOHP 50- 10.1-16). 4. Keep all appointments except in case of an emergency and will attempt to notify the Department of cancellations at least 24 hours prior to the appointment. 5. Will have all required documentation needed for employees: a. Authority for Evaluation and Treatment-Initiation of Service b. Health and Medication History(if necessary). c. Notice of Privacy Practice Acknowledgment Form 550 6. Reimburse the Department no later than 30 days following receipt of the invoice.Attach a copy of the invoice to the check and mail to: Florida Department of Health in Indian River County,Account Receivable, (1900 27th Street,Vero Beach, FL 32960). Joint Responsibilities: a. All patients medical record and forms shall be treated as confidential, so as to comply with all federal,state and local laws and the Department's rules and regulations. b. All activities under this Agreement shall be conducted in compliance with Title VI of the Civil Rights Act of 1964. No party shall, for reasons of race, color, religious creed, sex, handicap, national origin or political belief, be subject to discrimination. c. Both parties can collaborate and cooperate in their efforts toward improving access and educating patients regarding the need for immunizations in a safe and timely manner within their jurisdiction. d. A joint planning and information session shall be scheduled at least once annually. CONFIDENTIALITY Both parties will follow applicable professional standards of practice and relevant state and federal law with respect to client confidentiality in a manner consistent with the requirements of Department of Health Information Security Policies, Protocols and Procedures, as amended. The District accepts the full responsibility of ensuring that all Fire Rescue employees, agents and subcontractors with data access maintain the confidentiality of data and prevent release to third parties. The District shall notify the Department in writing within one (1) business day after discovery of any use access,acquisition or disclosure of data not provided for by this agreement. INDEMNIFICATION Each party to this Agreement shall be responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and its officials and employees arising out of, or resulting from, the party's negligent performance under this Agreement to the extent provided in F.S. 768.28. No provision in this Agreement shall be construed as a waiver of Sovereign Immunity by either party. TERM The initial term of this agreement is for one year and will automatically renew each year,for no more than three years,unless either party choose to make any amendments.This Agreement shall become effective upon the date of its execution by both parties. TERMINATION This agreement may be terminated by either party no less than 120 days' notice without cause, unless a lesser time is mutually agreed upon by both parties.Termination with cause (breach of agreement) may result in a lesser time,determined by both parties.Said notice shall be delivered by certified mail, return receipt requested,or in person with proof of delivery. 551 BREACH Any failure by the District to abide by the terms of this agreement constitutes a breach and may result in the Department obtaining any remedy authorized by law including, but not limited to, specific performance and cancellation or rescission of the agreement. COMPLETE AGREEMENT The terms and conditions set forth in this agreement constitute all of the terms and conditions to which the parties have agreed,and no other terms or conditions shall be valid or binding on either party, unless reduced to writing,executed by both parties,and attached to this data use agreement as an amendment. AMENDMENTS This agreement may not be amended without prior written approval of both parties to the agreement. CHOICE OF LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. With respect to any action arising out of this Agreement, the parties accept the exclusive jurisdiction of the state courts in Florida and agree that venue shall lie exclusively in Indian River County, Florida. SOVEREIGN IMMUNITY Nothing herein shall be construed to be a waiver of sovereign immunity by the 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 any contract. INDEPENDENT CONTRACTOR No relationship of employer/employee, principal/agent, or other association shall be created by this agreement between the parties or their directors, officers, agents, or employees. The parties agree that they will never act or represent that they are acting as an agent of the other or incur any obligations on the part of the other party. NOTICES All mailed notices required or desired to be made by either party to this agreement shall be sent by certified mail, return receipt requested, to the following respective addresses: Indian River County Emergency Services District 4225 43rd Ave, Vero Beach, FL 32967 and Florida Department of Health — Indian River 1900 27th Street Vero Beach, FL 32960. 552 IN WITNESS THEREOF,the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized on the dates stated below. EMERGENCY SERVICES DISTRICT INDIAN RIVER COUNTY HEALTH DEPARTMENT INDIAN RIVER COUNTY(District) (Department) By: By: Peter O'Bryan, Chairman Miranda Swanson, MPH Date Approved: Date Approved:_ Approved: Approved as to form and legal sufficiency: By: Jason E. Brown,County Administrator Dylan Reingold, County Attorney ATTEST:Jeffrey R.Smith, Clerk of Courts, and Comptroller By: Deputy Clerk 553 ATTACHMENT I - Provider Covered Services ATTACHMENT II - Provider Fee Schedule DOHP 50-10.1-16 - Information Security and Privacy Policy 554 ATTACHMENT I Provider Covered Services This attachment identifies all services covered under this agreement.The District agrees to participate in the services selected below that are offered by the Department.Services are rendered by a qualify license professional. - Immunizations ❑ Hepatitis A Vaccine ❑ Hepatitis B Vaccine ❑ Tdap Vaccine(Tetanus, Diphtheria,and Pertussis) ❑ TD Vaccine(Tetanus and Diphtheria) ❑ COVID 19 Vaccine - Laboratory Testing ❑ Hepatitis Titer 555 ATTACHMENT II Florida Department of Health in Indian River County Immunization Schedule Vaccine Name Description CPT ICD10 FEE Code Havrix/Vaqta Hepatitis A vaccine, adult dosage, intramuscular use 90632 Z23 $57.73 Engerix-B/ Hepatitis B vaccine,adult dosage, intramuscular use 90746 Z23 $60.92 Recombivax HB Twinrix Hepatitis A and B vaccine,adult dosage, intramuscular 90636 Z23 $99.22 use Adacel (TDAP) Tetanus, Diphtheria Toxoids and Acellular Pertussis 90715 Z23 $58.33 vaccine Pfizer- COVID-19 vaccine, adult dosage, intramuscular 91300 Z23 $0.00 BioNTech Moderna COVID-19 vaccine,Adult dosage, intramuscular 91301 Z23 $0.00 *Vaccines may be from a variety of manufacturers depending on availability Disclaimer:Immunization fees are set at cost. Price may vary if pharmaceutical fees change. 556 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment.The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases)and 29 CFR 1910.134(OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a tobacco free fire service,as supported by the Professional Firefighters of Florida. Towards that end,there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally,all bargaining unit employees hired after October 1,2000,shall abstain,both on and off duty,from the use of tobacco products. 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 24 557 15.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Emergency Services Director as follows:Tetanus (every ten (10)years), and Hepatitis -(Type A and B)(every five (5)years). The County shall provide testing for tuberculosis each year,and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly-hired employees, except that chest x-rays need not be given more than every three(3)years. The results of the physical shall be provided to the employee, Medical Director,Emergency Services Director or his designee,and Human Resources Director,but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug-Free Workplace Program as adopted by the County for all required testing positions. 25 558 r58 SWDD Item Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 4,2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Subject: Approval of Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement Descriptions and Conditions: On January 9, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) entered into a Recycling Services at Government Buildings and Facilities Agreement(Agreement)with Waste Management, Inc., of Florida (WM). On April 7, 2020, a First Amendment to this Agreement was approved by the SWDD Board to extend the due date for the annual rate adjustment from April 30th to June 1st. The initial term of this Contract Agreement was through September 30,2022;however,SWDD and WM have mutually agreed to renew this Contract Agreement for a three-year term through September 30,2025. Analysis: Staff and WM have reached consensus on the changes identified in the Second Amendment and Renewal Contract Agreement. Additionally it is understood that the amount shown below is subject to an annual rate adjustment as outlined in the aforementioned contract agreement with WM under section 4.04b. Funding: Funding of$158,000 for the recycling services at government buildings and facilities is budgeted in the SWDD recycling account for FY 2022/2023 under SWDD/CC & Recycling/Other Contractual Services, Account No. 41125534-033490,which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT AMOUNT SWDD/CC& Recycling/Other Contractual Services 41125534-033490 $158,000 Recommendation: Staff recommends that its Board approve the Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement with Waste Management, Inc., of Florida for a three-year term through September 30, 2025; and, authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachment: 1. Second Amendment and Renewal to Recycling Agreement 559 SWDD Agenda-Second Amendment and Renewal to Recycling Services at Govt Bldgs&Facilities revlrj Page 1 of 1 SECOND AMENDMENT AND RENEWAL TO RECYCLING SERVICES AT GOVERNMENT BUILDINGS AND FACILITIES AGREEMENT This Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement ("Second Amendment") is entered into as of the day of August, 2022 by and between the Solid Waste Disposal District("SWDD"),a dependent special district of 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 Waste Management Inc. of Florida (hereinafter called "Contractor"). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on January 9, 2018, SWDD and Contractor entered into the Recycling Services at Governmental Buildings and Facilities Services Agreement pursuant to Bid Number 2018010 as amended by the First Amendment to Recycling Services at Government Buildings and Facilities Agreement, dated April 7, 2020, (collectively referred to as the"Contract Agreement"); and WHEREAS, SWDD and Contractor desire to extend the Contract Agreement for a three-year period; NOW THEREFORE, in consideration of the mutual undertaking herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The Contract Agreement is extended for a three-year term beginning on October 1, 2022. 3. All other provisions of the Contract Agreement shall remain in full force and effect. Page 1 of 2 560 IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their respective duly authorized officers as of the day and year first written above. ATTEST: BY OWNER: SOLID WASTE DISPOSAL DISTRICT Jeffrey R. Smith, Clerk of Court and INDIAN RIVER COUNTY, FLORIDA Comptroller By: Deputy Clerk Peter D. O'Bryan, Chairman DATE APPROVED BY SWDD: APPROVED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney SIGNED, SEALED, AND DELIVERED IN BY FRANCHISEE: THE PRESENCE OF: WASTE MANAGEMENT, INC. OF FLORIDA By: By: Print Name: Print Name: David Myhan By: Print Title: President Print Name: Page 2of2 561 Ist7 SWDD Item Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 4,2022 To: Jason E. Brown,County Administrator From: Sean C. Lieske,Director of Utility Services Prepared By: Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Subject: Approval of 2023 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) entered into a Recycling Services at Government Buildings and Facilities Agreement (Agreement) with Waste Management, Inc., of Florida (WM). Article 4 of the Agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a Consumer Price Index (CPI) rate adjustment process specified in the referenced Exhibit B of said agreement. On April 7, 2020, a First Amendment to this Agreement was approved by the SWDD Board to extend the due date for the annual rate adjustment from April 30th to June 1st. 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 June 1, 2022, WM submitted an annual rate adjustment request of 3.00%to be effective October 1, 2022,for Fiscal Year(FY)2022/2023.This agenda item is requesting SWDD Board approval for the FY 2023 CPI adjustment request by WM. Analysis: Staff has reviewed, verified, and recommends the approval of the request by WM 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 FY 2019/20 FY 2021/22 FY 2022/23 Change from UNIT COST UNIT COST UNIT COST UNIT COST Prior Year 64-gallon lx per week $25.00 $25.00 $25.75 $26.52 $0.77 2 cu yd lx per week $40.00 $40.00 $41.20 $42.44 $1.24 6 cu yd lx per week $124.00 $124.00 $127.72 $131.55 $3.83 8 cu yd lx per week $166.00 $166.00 $170.98 $176.11 $5.13 Specialty Service Each $75.00 $75.00 $77.25 $79.57 $2.32 562 SWDD Agenda-Approval of 2023 CPI Adjustment Request by Waste Management for Government Buildings Page 1 of 2 SWDD Item Funding: Funding for the Recycling Services at Government Buildings and Facilities is budgeted in the SWDD recycling account for FY 2022/2023 under SWDD/CC& Recycling/Other Contractual Services,Account No.41125534- 033490,which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT AMOUNT SWDD/CC& Recycling/Other Contractual Services 41125534-033490 $158,000 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: Rate Adjustment Letter from Waste Management for Government Buildings and Facilities 563 SWDD Agenda-Approval of 2023 CPI Adjustment Request by Waste Management for Government Buildings Page 2 of 2 ,. Deborah A.Perez Government Affairs Manager WASTE MANAGEMENT INC.OF FLORIDA 4310 77th St. Vero Beach,FL 32960 772-413-9997 dperez@wm.com June 01, 2022 Mr. Jason Brown County Administrator Indian River County 1801 27th St. Vero Beach, FL 32960 Via Email Re: 2022 Annual CPI Notice — IRC Facilities Contract Dear Mr. Brown: 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 rate adjustment to reflect changes in the cost of doing business. These new rates would go into effect on October 01, 2022, if the roll off franchise amendment is successfully removed from the franchise agreement by September 30, 2022. If this is not successful, then these rates would be good for six months, or until such time we are able to negotiate a renewal of the government facilities recycling contract. 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 7.05%, 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 564 Indian River County Facilities Recycle Agreement Effective 10/1/2022 SIZE OF CONTAINER(S) UNIT COST Frequency UNIT SERVICE 64-gallon $ 26.52 1x/Week per cart 2 Cu yd $ 42.44 1x/Week per cont 6 Cu yd $ 131.55 lx/Week - per cont 8 cu yd $ 176.11 1x/Week per cont Specialty Service* $ 79.57 Each Svc. per account 565 5/25/2022 1:47 PM Indian River County Facilities October 2022 Page 1 N CO CO O CO CO CO CO V' co 2 LL CA V' CM N CO M CO CO CO CV LO CD CD LO r 0 M Q J r U) co N O) V' O) N LD N a QN N N N N CO CO V' V• CO CD♦� .-1 = N N N N N N N N N NW1.0 N Y) cil NCV • V- CO N V' r O N CO CO 0 r (A CO O N CO co LL O r N CO N CA CO M N N J N N N cd N N M M V- NV Csi U)) NO I N LC) r CO I-- CO U) 0 V' O LO CD N RN CO V' CO CO N CO N V' C) T V' I- M CO U) N CO N CO N CO C N N N N N CO CO V' U) C N N N N N N N N N N C Q O U) U) r CO CO r N O) CO N 2.2) N CA U) N r CO W r CO CO ✓ D) CO N LO O CO 'Cr CO co 1N ro d O V' U) LL) O V' N N U) U) Cl) O N N N N CO C) M V' V' (0 C NNNNNNNNNN C) U (O co U) N Ln (O N r N N M U) CA CD I� CO r CO V' CD M M N (Z NNNNNV V (O NNNNNNNNNN N N N (0 CO COO V' N a V' N N N r N CD N CO cU U) C) N U) W N O V' O N U) M N N N N CO CO V- V V' CO NNNNNNNNNN N r CD CO CD N N O) O 0 O) CO CO V' I-- CD O M O CO Va O) CD co co N N CO CO CO CD M (n (N h N UO 0 CC) O) ) 0 N N N N CO 0) CO V' V' O N N N N N N N N N N N r LC) O V' CD N d• O C7 o N 7 N O m (b m CO C7) N U) CA N N N N N CO CO V' V U) ...r• NNNNNCVNNNN ...7.2 D (C V) T LO CO U) CD r CO N M U) C) p 713 C N co N N O N U) O N o7 O U) O CO CA N CA N V' C) CU (U - N N CO N N CO CO V' V' U) _i N NNNNNNNCVNN O rn 7 ti N C N CO 0 coU) coca M co v `J Vi C co. co O O O CO O V' CO 7 N 7 r U) O (A CA M CA N N N co Y -, N N M N N CO CO V- V' U) 'O N N N N N N N N N N U O) U) CD CD V'o CV r CO CO N CA U) CO M ''Cr.) T CO. CO O) I-- CA V' N CO LO N V R N N N N N M CO V- V LO ' p- Ili N N N N N N N N N N ( C CO a E12N O CA CO U) N O CO O N M CO o o C.) N co U) U) CO U) M CO V' n C co N U) co CA LO CO U) r CA h Cr; d" `0 0 CA CO O. N V' (A (O N N CO N r N (p CV O) n Cr; L N < N N N N N CO M V. V U) I-- NNNCVNNNNNNN L C) ca O Q 3 CDNMMMM CV CV O CCC U) N H. N V' N I� CO CA A CO A M O N O (D OR N: Lri (C co E N N N N N C+) M ' U) N C.) 0 7 NNNNNNNNNNN II L D C 000 II a CD CA CO O CA U) U) CD CO N N C N C CD V U 7 CO CD O M N CCO COO CA r U) COO CO L C II O ff.. y O V CO V' U) CO CA CO CO U L II C Q 7 LL N N N N N CO M M V' V N X U CO 06 co O O N N N N N N N N N N N '�D LI H N o C o o U N Z CL. M II N • m O CO V' M (A CD CO O CO p 0 rn p I� U) co r V' co co a u C ct E .L-� E c U) CO V' N d: CD CO CO CO — co N O N N N N CO CO M (MO +-' W U 'O Q CO Q O N N N N N N N N N N N N C4 co 3 +O-I V1 7 v Ca Ca C Q o ea 2 T 7 C d CR) co O « ° >- L C6 'C N 1- •c 7 0 m a CO — C' d N d •• •• N N M ct U) (O I"- co C)) O N U it) O. d L d R d 7 0 0 u) Z N ¢ = m >- N N N N N N N N N N N O SWDD Item Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 5,2022 To: Jason E. Brown,County Administrator From: Sean C.Lieske,Director of Utility Services Prepared By: Himanshu H.Mehta,PE,Managing Director,Solid Waste Disposal District Subject: Adoption Agreement with US Ecology Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transportation, and proper disposal of household hazardous waste (HHW)discarded by residents within IRC at the Customer Convenience Centers and Landfill.We utilize a piggyback process from other local and state contracts to provide household hazardous waste(HHW)recycling and disposal services to our residents.For Fiscal Year(FY)2021- 2022, we issued a purchase order to US Ecology of Tampa, Inc. (US Ecology)that had a contract with Hillsborough County. However,that contract expired and US Ecology has entered into a new contract with Hillsborough County. The purpose of this agenda is to enter into an Adoption Agreement with US Ecology to piggyback the most recent Hillsborough County contract as well as to include additional mobilization costs and services that are specific to IRC. Analysis: Staff has been utilizing US Ecology for over 10 years for our HHW Services and recommends that the SWDD Board approve the attached Adoption Agreement. Funding: Funding for the SWDD Landfill HHW services is budgeted and available in the SWDD/Landfill/Other Contractual Services account, number 41121734-033490 which is funded from SWDD assessments and user fees. For FY 2021/2022,the budget for HHW services is$300,000,and the proposed budget for FY 2022 2023 is 330 000. p p g / $ , Description Account Number Amount SWDD/Landfill/Other Contractual Services 41121734-033490 $330,000 Recommendation: Solid Waste Disposal District(SWDD)staff recommends that its Board approve the Adoption Agreement with US Ecology of Tampa, Inc.;and authorize the Chairman to execute the same,as presented. Attachment: Adoption Agreement with US Ecology of Tampa, Inc. SWDD Agenda-Adoption Agreement with US Ecology Page 1 P7 USeIogy ADOPTION AGREEMENT THIS ADOPTION AGREEMENT is entered into this_th day of August,2022 (the"Effective Date") by and between Indian River County Solid Waste Disposal District("Customer"),and US Ecology Tampa,Inc. ("Contractor")(hereinafter referred to as the"Adoption Agreement"). Customer and Contractor(collectively the "Parties") wish to adopt the Hillsborough County ITB 22984 Collection of Household Hazardous Waste dated July 1,2022 by and between Hillsborough County Board of County Commissioners (BOCC)/Dept of Solid Waste and US Ecology Tampa, Inc. (the "Original Agreement") attached hereto as Exhibit A as the governing instrument for services provided by Contractor to Customer. In addition to unit pricing shown in Exhibit A, US Ecology is proposing to Indian River County Solid Waste Disposal the charges identified in Exhibit B reflecting mobilization to a location outside of Hillsborough County,FL and to include services required that are not included in Exhibit A. By signing this Adoption Agreement below,the Parties hereby agree to be governed and bound by the Original Agreement as if originally entered into by Customer as the "Hillsborough County BOCC" as defined in the Original Agreement, and Contractor as the "US Ecology Tampa, Inc." as defined in the Original Agreement. The contract period of performance begins July 1, 2022,through midnight June 30,2025. In no event shall Contractor be liable for any damages or losses arising prior to the Effective Date hereof. Any notices required to be sent to the Parties in accordance with the Original Agreement shall be given to the following representatives of the Parties: Customer: Indian River County Solid Waste Disposal District Attn: Managing Director 1325 74th Avenue SW Vero Beach,FL 32986 Contractor: US Ecology Tampa,Inc. Attn: Don Locke 7202 East Eighth Avenue Tampa,FL 33619 US Ecology Tampa,Inc. Indian River County Solid Waste Disposal District By: By: Its: Its: Date: Date: June 5",'4 CUS ecology EXHIBIT A [Original Agreement attached.] June 5 Blanket Purchase Agreement 222209954, Z44 0 ira.i..,.„�(;.ter rt:,�i� Hillsborough County Type Blanket Purchase Agreement Board of County Commissioners Order 222209954 601 E Kennedy Blvd Revision 0 Order Date 11-MAY-2022 Tampa,FL 33601 Created By Bickhardt, Brian United States Revision Date Current Buyer Supplier: US ECOLOGY TAMPA INC 101 S CAPITOL BLVD STE 1000 BOISE,ID 83702 United States Ship To: Multiple Tampa,FL 33601 United States Bill To: PO BOX 1110 Tampa,FL 33601-1110 United States Customer Account No. Supplier No. Payment Terms Freight Terms FOB Transportation _Ship Via 1026124 NET 30 DAYS Freight FOB- Best Included Destination Way Effective Start Date Effective End Date Amount Agreed(USD) 01-JUL-2022 30-JUN-2025 2,814,823.19 Supplier Contact Requester 0 Notes: In accordance with ITB 22984,Collectionf Household o Hazardous Waste Awarded by the BOCC on May 4,2022. Department: Solid Waste Department Contact:Ellie Peters (813)663-3258,peterse@hcflgov.net All prices and amounts on this order are expressed in USD Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) 1 Each 232.58 AEROSOLS,LOOSE/LAB PACK DISPOSAL METHOD:FUEL BLEND (55-GAL DRUM) 2 Each 175.99 CORROSIVE LIQUIDS/SOLIDS INORGANIC LAB PACK— DISPOSAL METHOD: TREATMENT(55-GAL DRUM) 3 Each 177.82 See Below for Purchase Order Terms&Conditions I5J of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) CORROSIVE LIQUIDS/SOLIDS INORGANIC LAB PACK— DISPOSAL METHOD: TREATMENT(30-GAL DRUM) 4 Each 355.34 CORROSIVE LIQUIDS/SOLIDS ORGANIC LAB PACK— DISPOSAL METHOD: INCINERATION(55-GAL DRUM) 5 Each 287.34 CORROSIVE LIQUIDS/SOLIDS ORGANIC LAB PACK— DISPOSAL METHOD: INCINERATION(30-GAL DRUM) 6 Each 93.6 CORROSIVE LIQUIDS/SOLIDS ORGANIC LAB PACK— DISPOSAL METHOD: INCINERATION(5-GAL PAIL) 7 Each 293.97 CORROSIVE LIQUIDS/SOLIDS BULK- DISPOSAL METHOD: TREATMENT(85-GAL DRUM) 8 Each 225.09 CORROSIVE LIQUIDS/SOLIDS BULK DISPOSAL METHOD: TREATMENT(55-GAL DRUM) 9 Each 192.49 CORROSIVE LIQUIDS/SOLIDS BULK- DISPOSAL METHOD: TREATMENT(30-GAL DRUM) 10 Each 236.34 FLAMMABLE LIQUIDS/SOLIDS LAB PACK DISPOSAL METHOD:FUEL BLEND (85-GAL DRUM) 11 Each 186.16 FLAMMABLE LIQUIDS/SOLIDS LAB See Below for Purchase Order Terms&Conditions Fye of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 I.i ne Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) PACK-DISPOSAL METHOD:FUEL BLEND (55-GAL DRUM) 12 Each 151.28 FLAMMABLE LIQUIDS/SOLIDS LAB PACK-DISPOSAL METHOD:FUEL BLEND (30-GAL DRUM) 13 Each 269.24 FLAMMABLE LIQUIDS/SOLIDS BULK- DISPOSAL METHOD: FUEL BLEND(85-GAL DRUM) 14 Each 170.6 FLAMMABLE LIQUIDS/SOLIDS BULK- DISPOSAL METHOD: FUEL BLEND(55-GAL DRUM) 15 Each 189.28 FLAMMABLE LIQUIDS/SOLIDS BULK- DISPOSAL METHOD: FUEL BLEND(30-GAL DRUM) 16 Each 338.59 FLAMMABLE CORROSIVE LAB PACK-DISPOSAL METHOD:INCINERATION (55-GAL DRUM) 17 Each 274.84 FLAMMABLE CORROSIVE LAB PACK-DISPOSAL METHOD:INCINERATION (30-GAL DRUM) 18 Each 88 FLAMMABLE CORROSIVE LAB PACK-DISPOSAL METHOD:INCINERATION (5-GAL PAIL) 19 Each 428.34 LOW LEVEL RADIOACTIVE SMOKE DETECTORS DISPOSAL METHOD:RECYCLE (55-GAL DRUM) 20 Each 175.99 PESTICIDE LIQUIDS/SOLIDS LAB PACK DISPOSAL METHOD:INCINERATION (55-GAL DRUM) 21 Each 208.6 See Below for Purchase Order Terms&Conditions F5T2 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) PESTICIDE LIQUIDS/SOLIDS LAB PACK DISPOSAL METHOD:INCINERATION (30-GAL DRUM) 22 Each 604.94 EXPLOSIVE/REACTIVES/N ON-ROUTINE CYANIDES/SUFIDES/ISOC YANATES/WATER-REACT IVES/SPONTANEOUSLY COMBUSTIBLE/ORGANIC PEROXIDE DISPOSAL METHOD:INCINERATION( 55-GAL DRUM) 23 Each 475.34 EXPLOSIVES/RECTIVES/N ON-ROUTINE CYANIDES/SULFIDES/ISO CYANATES/WATER-REAC TIVES/SPONTANEOUSLY COMBUSTIBLE/ORGANIC PEROXIDE DISPOSAL METHOD:INCINERATION (30-GAL DRUM) 24 Each 181 EXPLOSIVES/RECTIVES/N ON-ROUTINE CYANIDES/SULFIDES/ISO CYANATES/WATER-REAC TIVES/SPONTANEOUSLY COMBUSTIBLE/ORGANIC PEROXIDE DISPOSAL METHOD:INCINERATION (5-GAL PAIL) 25 Each 338.59 OXIDIZER,LAB PACK DISPOSAL METHOD: NEURALIZAION AND/OR TREATMENT(55-GAL DRUM) 26 Each 208.6 OXIDIZER,LAB PACK DISPOSAL METHOD: NEURALIZAION AND/OR TREATMENT(30-GAL DRUM) 27 Each 88 OXIDIZER,LAB PACK DISPOSAL METHOD: NEURALIZAION AND/OR TREATMENT(5-GAL PAIL) 28 Each 1543.34 MERCURY See Below for Purchase Order Terms&Conditions F5r3 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) ELEMENTAL/MANUFACT URED ARTICALS/MERCURY FLOATS,LAB PACK/BULK DISPOSAL METHOD: RECYCLE(55-GAL DRUM) 29 Each 1543.34 MERCURY ELEMENTAL/MANUFACT URED ARTICALS/MERCURY FLOATS,LAB PACK/BULK DISPOSAL METHOD: RECYCLE(30-GAL DRUM) 30 Each 320 MERCURY ELEMENTAL/MANUFACT URED ARTICALS/MERCURY FLOATS,LAB PACK/BULK DISPOSAL METHOD: RECYCLE(5-GAL PAIL) 31 Each 76.67 BUTANE LIGHTERS LOOSE/LAB PACK DISPOSAL METHOD: INCINERATION(5-GAL PAIL) 32 Each 135.83 NON-HAZARDOUS LIQUIDS/SOLIDS BULK ANTIFREEZE/FIRE EXTINGUISHER DUST/PLANT FOOD DISPOSAL METHOD: SOLIDIFY/LANDFILL (55-GAL DRUM) 33 Each 123.34 NON-HAZARDOUS LIQUIDS/SOLIDS BULK ANTIFREEZE/FIRE EXTINGUISHER DUST/PLANT FOOD DISPOSAL METHOD: SOLIDIFY/LANDFILL (30-GAL DRUM) 34 Each 135.83 NON-HAZARDOUS LIQIDS/SOLIDS LOOSE PACK LATEX ADHESIVES/WALLPAPER PRIMER/DETERGENTS SOLIDIFY/LANDFILL (55-GAL DRUM) 35 Each 199.32 See Below for Purchase Order Terms&Conditions 1574 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) USED OIL/OIL&WATER DISPOSAL METHOD: RECYCLE(55-GAL DRUM) 36 Each 162.92 USED OIL/OIL&WATER DISPOSAL METHOD: RECYCLE(30-GAL DRUM) 37 Each 324.34 PCB'SBALLAST/SMALL CAPACITORS,LAB PACK DISPOSAL METHOD: RECYCLE(55-GAL DRUM) 38 Each 265.34 PCB'SBALLAST/SMALL CAPACITORS,LAB PACK DISPOSAL METHOD: RECYCLE(30-GAL DRUM) 39 Each 215 PCB OIL LAB-PACK DISPOSAL METHOD: INCINERATION(5-GAL PAIL) 40 Each 201.34 HAZARDOUS WASTE LIQUIDS/SOLIDS DISPOSAL METHOD: TREATMENT(55-GAL DRUM) 41 Each 167.86 HAZARDOUS WASTE LIQUIDS/SOLIDS DISPOSAL METHOD: TREATMENT(30-GAL DRUM) 42 Each 59 HAZARDOUS WASTE LIQUIDS/SOLIDS DISPOSAL METHOD: TREATMENT(5-GAL PAIL) 43 Each 301.34 FLUORESCENT LAMPS CRUSHED DISPOSAL METHOD:RECYCLE MERCURY(55-GAL DRUM) 44 Each .58 FLUORESCENT LAMPS 4FT OR LESS DISPOSAL METHOD:RECYCLE MERCURY 45 Each .58 FLUORESCENT LAMPS 6 FT&GREATER DISPOSAL METHOD:RECYCLE See Below for Purchase Order Terms&Conditions 1575 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) MERCURY 46 Each .49 FLUORESCENT LAMPS GFLS: DISPOSAL METHOD:RECYCLE MERCURY 47 Each .49 FLUORESCENT LAMPS CIRCLE,U-SHAPE DISPOSAL METHOD: RECYCLE MERCURY 48 Each 1 HID/SODIUM LIGHT LAMPS DISPOSAL METHOD:RECYCLE MERCURY 49 Each .49 LED LAMPS DISPOSAL METHOD:RECYCLE 50 Each 249.84 PROPANE/MAPP GAS LOOSE/LAB PACK 1 POUND CYLINDERS DISPOSAL METHOD: RECYCLE(55-GAL DRUM) 51 Each 330.34 RECHARGEABLE/NON-RE CHARGEABLE TYPE BATTERIES(NIMH,Li-ion, NiCd) LOOSE PACK- DISPOSAL METHOD: RECYCLE(30-GAL DRUM) 52 Each 2563.34 RECHARGEABLE AUTOMOTIVE SIZE (Li-ion)GREATER THAN 11 LB BATTERIES LOOSE PACK-DISPOSAL METHOD:RECYCLE (55-GAL DRUM) 53 Each 108.49 RECHARGEABLE/NON-RE CHARGEABLE TYPE BATTERIES(NIMH,Li-ion, NiCd) LOOSE PACK- DISPOSAL METHOD: RECYCLE(5-GAL PAIL) 54 Each 390.49 ALKALINE BATTERIES FOR RECYCLE LOOSE PACK(55-GAL DRUM) 55 Each 80 ACETYLENE CYLINDERS SMALL 24"OR LESS DISPOSAL METHOD: See Below for Purchase Order Terms&Conditions F913 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) RECYCLE 56 Each 165.49 ACETYLENE CYLINDERS MEDIUM 25"TO 48" DISPOSAL METHOD: RECYCLE 57 Each 200.49 ACETYLENE CYLINDERS LARGE 49"TO 60" DISPOSAL METHOD: RECYCLE 58 Each 540.49 TILE FLOOR ADHESIVE 20LB TANK DISPOSAL METHOD:INCINERATION 59 Each 550 ISOCYANATE/POLYOL 20LB TANK DISPOSAL WITH NON-FUNCTIONING VALVES DISPOSAL METHOD:INCINERATION 60 Each 550 AMINE/HARDENER PART AB 20LB TANK DISPOSAL WITH NON-FUNCTIONING VALVES DISPOSAL METHOD:INCINERATION 61 Each 290.49 CO2 BB GUN CARTRIDGE DISPOSAL METHOD: RECYCLE(5-GAL PAIL) 62 Each 12 CO2 CYLINDERS SMALL 24"OR LESS DISPOSAL METHOD:RECYCLE 63 Each 20 EPA ELECTRONIC MANIFEST FILING FEE 64 Hour(s) 52 LABOR:GENERAL TECHNICIAN 65 Hour(s) 60 LABOR: CHEMIST/SUPERVISION 66 Allowance for Mobile 300,000.00 HouseholdHazardous Waste Collections,Emergency Response Cleanup and Chemical Disposal by County Agencies Payments in accordance with the Contract Documents Section 2,Paragraph 2.1. See Below for Purchase Order Terms&Conditions IW of 61 1 BOCCOU Blanket Purchase Agreement 222209954, 0 Line Part Number/Description Effective Date Expires On Quantity UOM Unit Price Amount (USD) (USD) This line item is issued based upon a dollar amount and any work or deliveries must not exceed that amount. Invoices must be submitted only for actual work performed and orders delivered and must be consistent with the agreed upon prices,terms,and specifications See Below for Purchase Order Terms&Conditions Pp3l of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS Standard Purchase Order Terms and Conditions The vendor,in accepting this purchase order,agrees to and shall be bound by all of the following terms and conditions: 1.Thecontent tent and conditions of this purchase order maynot be verballymodified.Anychanges must be in writingand approved by the Director of Procurement.If these conditions are not acceptable,please notify the contact listed on the order before shipping the items or delivering services.If prices are higher than specified,do not ship without prior written approval from the Director of Procurement. 2.All invoices,packing lists and packages must include the purchase order number(located on the upper right corner of the purchase order).The vendor must provide a proper invoice by which payment will be processed.In accordance with 218.76(1),Fla.Stat.,if an invoice is subsequently determined to be improper,it shall be returned to the vendor.Proper invoices must include: -Original invoice. -Vendor's name and address. -Vendor's tax identification number. -Vendor's"remit to"address. -Invoice date. -Invoice number. -Invoice must be billed to"BOCC Hillsborough County Florida." -Correct purchase order number. -Description of goods/services purchases,to include quantity and/or hours of work performed. -Correct unit price(not to exceed four[4]decimal places),extended price,and total amount due. -Shipping date. -County department name and/or delivery contact named on the purchase order. -Conformance to all other requirements specified in the corresponding contract/agreement. 3.All original invoices for goods and services must be emailed to countyfinanceinvoices@hillsclerk.com or mailed to: County Finance Department,Hillsborough County Clerk of the Circuit Court,P.O.Box 1110,Tampa,Florida 33601.Invoices for construction services may be mailed directly to the requesting department or assigned project manager for review and sign off. 4.Payments will be made upon receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment Act,Chapter 218,Part VII,Florida Statutes.The following payment options are available: Method-ACH(Direct Deposit)* Source-Electronic(Bank) Fee-None Remittance/Notice-Email(Invoice#&Amount) Method-Check Fee-None Remittence/Notice-Stub(Invoice#&Amount) *Vendor's bank account information will remain confidential to the extent provided by law and necessary to make ACH payments via direct deposit.Please visit http://hcflgov.net/en/businesses/doing-business-with-hillsborough/vendors/vendor-forms-and-documents for the ACH enrollment form. 5.Materials rejected by the County will be returned to the vendor at the vendor's risk and expense.The County shall not be liable or otherwise responsible for any re-stocking charges unless prior written approval has been provided by the Director of Procurement.Cash discounts will be deducted as provided for on the face of this purchase order or in accordance with the terms of the vendor's quotation or bid. 6.Acceptance by the vendor of this order includes acceptance of all items,conditions,prices,delivery instructions and specifications as shown on the order or attached to or referred to,and which are made a part hereof by reference,as fully and See Below for Purchase Order Terms&Conditions P579 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 to the same extent as if copied at length herein.In the event of a conflict or discrepancy between this purchase order and any referenced contract document,if one exists,the contract document shall govern.The vendor may not unilaterally modify the terms of this purchase order by affixing additional terms to product upon delivery(e.g.,attachment or inclusion of standard preprinted forms,product literature,"shrink wrap"terms accompanying or affixed to a product,whether written or electronic) or by incorporating such terms onto the vendor's order or fiscal forms or other documents forwarded by the vendor for payment.The County's acceptance of product or processing of documentation on forms furnished by the vendor for approval or payment shall not constitute acceptance of the proposed modification to the terms and conditions of this purchase order. 7.If this purchase order is a call or release order against a Blanket Purchase Agreement(BPA)or Contract Purchase Agreement(CPA),all terms and conditions of the subject purchase agreement and this purchase order shall apply to the order. The purchase order number,not the purchase agreement number,must be on the invoice. 8.All shipments by the vendor must be F.O.B Destination,unless otherwise authorized in writing by the Director of Procurement.Any F.O.B.Shipping Point freight charges shall be prepaid and added to the invoice and with a copy of the freight bill attached.The County will not accept collect shipments.All stated delivery times are of the essence. 9.In accordance with law,the County reserves the right to cancel all or part of this purchase order prior to acceptance of the goods or services. 10.Vendors are expected to satisfy all purchase orders in one shipment unless otherwise stipulated in the subject solicitation, award,or authorized by the Director of Procurement in writing.Excessive and unauthorized partial shipments may result in vendor debarment or prohibition from doing business with the County. 11.Vendors are not authorized to deliver any goods or services which are not covered by this purchase order.The County accepts no responsibility and is not obligated to render payment for purchases that are not covered by a duly-issued purchase order or specifically authorized by the Director of Procurement or County Administrator.Vendors violating this condition may be subject to debarment or prohibition from doing business with the County in accordance with the County's Procurement Policies and such vendors may forfeit their right to compensation for such deliveries. 12.INDEMNIFICATION(PATENT OR COPYRIGHT):The vendor shall indemnify and hold harmless,and defend the County and the Board of County Commissioners,their agents and employees,and anyone directly or indirectly employed by either of them,from and against all liabilities,damages,claims,demands or actions at law or in equity,including court costs and attorney's fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by vendor during or after completion of the Work.These obligations shall survive acceptance of any goods and/or services and payment therefore by the County. 13.INDEMNIFICATION(GENERAL LIABILITY):The vendor shall indemnify,hold harmless,and defend the County and the Board of County Commissioners,their agents and employees,and anyone directly or indirectly employed by either of them,from and against any and all liabilities,losses,claims,damages,demands,expenses or actions,either at law or in equity,including court costs and attorneys'fees,that may hereafter at any time be made or brought by anyone on account of personal injury,property damage,loss of monies,or other loss,allegedly caused or incurred,in whole or in part,as a result of any negligent,wrongful,or intentional act or omission,or based on any action of fraud or defalcation by the vendor,or anyone performing any act required of vendor in connection with performance of the Contract awarded pursuant to this order. These obligations shall survive acceptance of any goods and/or services and payment therefore by the County. 14.INDEMNIFICATION(GENERAL LIABILITY❑GOVERNMENTAL AGENCY-VENDORS ONLY):The County and governmental agency-vendor shall each be liable to the extent permitted by 768.28,Fla.Stat.,for the negligent acts,or omissions of their respective officers,employees and agents.Nothing in the foregoing shall be construed as a waiver of sovereign immunity or as consent to be sued by either the County or the governmental agency-vendor. 15.Any dispute or contractual right regarding this purchase order shall be governed by Florida Law.In the event of a lawsuit by the vendor the venue of such lawsuit shall be in Hillsborough County,Florida and the vendor waives whatever rights it has in the selection of venue. 16.LAWS,REGULATIONS,PERMITS&LICENSES: The vendor is advised that all applicable Federal and State laws, municipal and County ordinances,and the rules and regulations of all authorities having jurisdiction over any part of the See Below for Purchase Order Terms&Conditions 1,58G of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 goods and/or services provided pursuant to this purchase order/contract shall be deemed to be a part of this purchase order/contract;and vendor represents and warrants that it is in compliance with such laws,rules and regulations. The vendor shall have in its possession any applicable permits,licenses,etc.that may be required by Federal,State,County,or local law to furnish the goods and/or services under the scope of this purchase order.The vendor shall be in compliance with all zoning and other ordinances in the performance of the awarded contract. 17.EQUAL EMPLOYMENT OPPORTUNITY;NON-DISCRIMINATION:The vendor shall comply with Hillsborough County,Florida-Code of Ordinances and Laws,Part A,Chapter 30,Article II(Hillsborough County Human Rights Ordinance)as amended,which prohibits illegal discrimination on the basis of actual or perceived race,color,sex,age, religion,national origin,disability,marital status,sexual orientation,or gender identity or expression,in employment,public accommodations,real estate transactions and practices,County contracting and procurement activities,and credit extension practices.The vendor shall also comply with the requirements of all applicable federal,state and local laws,rules,regulations, ordinances and executive orders prohibiting and/or relating to discrimination,as amended and supplemented.All of the aforementioned laws,rules,regulations,ordinances and executive orders are incorporated herein by reference.Furthermore, Hillsborough County hereby notifies all vendors that Minority Business Enterprises(MBE),Disadvantaged Minority Business Enterprises(DMBE),and Disadvantaged Women Business Enterprises(DWBE)will be afforded a full opportunity to participate in any award made by Hillsborough County and will not be subjected to discrimination on the basis of race,color, sex or national origin. 18.The vendor shall keep adequate records and supporting documentation applicable to this contractual matter.Said records and documentation will be retained by the vendor for a minimum of six(6)years from the date of termination of this Contract. The County and its authorized agents shall have the right to audit,inspect and copy all such records and documentation as often as the County deems necessary during the period of this contract and during the period of six(6)years thereafter.This six(6)year time period will be extended until audit findings are issued if an audit is initiated during the six(6)year period. Such activity shall be conducted only during normal business hours.The County,during the period of time expressed by the preceding sentence,shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the vendor as concerns the aforesaid records and documentation. 19.TAXES: Counties are C t es a e exem t from Federal Taxes on transportation charges and anyFederal Excise Tax(No.59- P P g 6000661).If you are to prepay charges,do not pay tax as County will not reimburse you for taxes paid.The County's Consumers Certificate of Exemption Number is#85-8012622015C-2,effective 11/30/19. 20.Questions concerning delivery of this order should be directed to the department contact shown on the order.For other questions regarding this order,please contact the Procurement Services Department at P.O.Box 1110,601 E.Kennedy Blvd., 25th Floor,Tampa,FL 33601,procurementservices@HCFLgov.net,or(813)272-5790.Please visit http://HCFLGov.net/vendors to view or download the County's Procurement Policy and Procedures Manual. 21.RISK OF LOSS:Until acceptance,risk of loss or damage shall remain with the vendor.The vendor shall be responsible for filing,processing,and collecting all damage claims.When the County rejects a product,the vendor shall remove it from the premises within ten(10)days after notification or rejection.Upon rejection notification,the risk of loss of rejected or non-conforming product shall remain with the vendor.Rejected product not removed by the vendor within ten(10)days shall be deemed abandoned by the vendor,and the County shall have the right to dispose of it as its own property.The vendor shall reimburse the County for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 22.WARRANTY:The vendor shall provide to the County a one(1)year written warranty:(a)against poor workmanship,for all services rendered by the vendor,(b)for all products,materials or equipment provided by the vendor in the course of providing service to the County,and(c)for all commodities sold to the County.The warranty period shall begin on the date of final completion and/or acceptance by the County. 23.FISCAL NON-FUNDING CLAUSE:This purchase order is subject to funding availability.In the event sufficient budget funds to fund this purchase order become reduced or unavailable,the County shall notify the vendor of such occurrence,and the County may terminate this purchase order,without penalty or expense to the County,upon no less than twenty-four(24) hours written notice to the vendor.The County shall be the final authority as to the availability of funds and how available funds will be allotted.If this purchase order is funded in whole or in part by federal or state dollars which are reduced or become unavailable,the County shall notify the vendor of such occurrence and the County may terminate this purchase order, without penalty or expense to the County,upon no less than twenty-four(24)hours written notice to the vendor. 24.ACCESS TO RECORDS:If applicable,vendor shall comply with the requirements of Chapter 119,Florida Statutes,with See Below for Purchase Order Terms&Conditions Pz581T of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 respect to any documents,papers,and records made or received by vendor in connection with this purchase order. 25.REIMBURSEMENT OF TRAVEL EXPENSES:Travel expenses,if applicable,shall be paid pursuant to the provision of 112.061,Florida Statutes. 26.LEGALLY REQUIRED STATEMENT AND PROVISIONS REGARDING ACCESS TO RECORDS-APPLICABLE TO SERVICES CONTRACTS ONLY The parties acknowledge and agree that the statement and provisions below are required by Florida Statute to be included in contracts for services. The inclusion of this statement and provisions below shall not be construed to imply that the vendor has been delegated any governmental decision-making authority,governmental responsibility or governmental function or that the vendor is acting on behalf of the County as provided under Section 119.011(2),Florida Statutes,or that the statement or provisions are otherwise applicable to the vendor. As stated below,the vendor may contact the County's Custodian of Public Records with questions regarding the application of the Public Records Law;however,the vendor is advised to seek independent legal counsel as to its legal obligations. The County cannot provide the vendor advice regarding its legal rights or obligations. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: a)Scott Stromer 813-272-5790, b)StromerS@HCFLgov.net, c)Procurement Services,601 E.Kennedy Blvd.,25th Floor,Tampa,Florida 33602. If under this purchase order/contract,the vendor is providing services and acting on behalf of the County as provided under Section 119.011(2),Florida Statutes,the vendor will comply with public records law,and agrees to: a)Keep and maintain public records required by the County to perform the services. 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,Florida Statutes,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 purchase order/contract term and following completion of the purchase order/contract if the vendor 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 vendor or keep and maintain public records required by the County to perform the service. If the vendor transfers all public records to the County upon completion of the contract,the vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the vendor keeps and maintains public records upon completion of the contract,the vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County,upon request from the County's custodian of public records,in a format that is compatible with the information technology systems of the County. Failure of the vendor to comply with Chapter 119,Florida Statutes,and/or the provisions set forth above,where applicable, shall be grounds for immediate unilateral termination of this contract/purchase order by the County. 27.USE OF E-VERIFY,LEGALLY AUTHORIZED WORKFORCE&IMAGE BEST PRACTICES a)E-Verify: Vendor affirms that it is in compliance with Florida Statutes,Section 448.095 which,in part,requires all vendors/contractors and its subcontractors to register with and use the United States Department of Homeland Security's E-Verify system for all newly hired employees,and requires vendors/contractors to obtain affidavits from its subcontractors stating that the subcontractor does not employ,contract with,or subcontract with,an unauthorized alien. Vendor acknowledges and understands that pursuant to Florida Statutes Section 448.095,the County is required to terminate this purchase order/contract See Below for Purchase Order Terms&Conditions P6824 of 61 BOCCOU Blanket Purchase Agreement 222209954, 0 if it has a good faith belief that the vendor knowingly violated Florida Statutes Section 448.09(1);whereupon,the vendor will not be eligible for award of a public contract for at least one(1)year from the date of such termination. b)Legally Authorized Workforce: i)Vendor is advised that the County has entered into an agreement(the IMAGE Agreement)with U.S.Immigration and Customs Enforcement(ICE)wherein the County will,in part,seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance,and encourage voluntary reporting of the discovery of unauthorized workers to ICE.Accordingly,by submitting its offer,vendor represents and warrants: aa)that vendor is in compliance with all applicable Federal,State and local laws,including,but not limited to,the laws related to the requirement of an employer to verify an employee's eligibility to work in the United States; bb)that all of vendor's employees are legally eligible to work in the United States;and cc)that the vendor has actively and affirmatively verified such eligibility utilizing the E-Verify system and/or the Federal Government's Employment Eligibility Verification Form(the Form I-9). ii)A mere allegation of vendor's intent to use and/or current use of unauthorized workers may not be a basis to delay the County's award of a contract to the vendor unless the County has a good faith belief that the vendor knowingly violated Florida Statutes Section 448.09(1)or such allegation has been determined to be factual by ICE prior to the date the contract is scheduled to be awarded by the County. iii)Good faith claims/beliefs of the vendor's use of unauthorized workers must be reported to both of the following agencies:The County's Compliance Services hotline at(813)272-6554;and ICE(Immigration and Customs Enforcement)at 1-866-DHS-2-ICE(1-866-347-2423). c)IMAGE Best Practices: Vendor isencouraged to incorporate IMAGE Best Practices into its business and,when practicable,incorporate verification requirements into its agreements with subcontractors. 28.CHANGES IN THE WORK/CHANGE ORDERS/MODIFICATIONS a)All additions,deletions,or revisions to this purchase order/contract shall be valid and enforceable only when authorized by a written Change Order or Modification Agreement approved and/or executed by the applicable authorized representatives of the County in accordance with County policy.Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the vendor and the Chair of the Board of County Commissioners.Only upon receipt of a Change Order or Modification Agreement shall the vendor be authorized to proceed with the work involved.All such work shall be executed under the applicable terms and conditions contained in the purchase order/contract documents. Change Order/Modification Agreement shall mean the written order to the vendor authorizing an addition,deletion,or revision in the goods,services and/or work to be provided under the purchase order/contract documents or an adjustment in the contract price after the award of and/or execution of the contract. b)Additional work performed by the vendor without the authorization of a Change Order or Modification Agreement will not entitle the vendor to an increase in the contract price or an extension of the contract time except in the case of an emergency as provided for herein.The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in contract documents. c)It is the vendor's responsibility to notify its surety of any changes affecting the general scope of the work/services or change of the contract price,and the amount of the applicable bond(s)shall be adjusted accordingly. 29.UTILIZATION OF DM/DWBEs a)This clause shall only be applicable to those contracts/procurements where the vendor has agreed to the goal established by the County for the utilization of Disadvantaged Minority/Disadvantaged Women Business Enterprises(DM/DWBEs) pursuant to Hillsborough County Resolution No.R06-264 and its subsequent amendments. b)Vendor acknowledges and agrees that it has committed to achieve the percentage goal stated on the ordering document(s) related to this procurement for the utilization of DM/DWBE businesses.Accordingly,vendor is required to subcontract a minimum of this percentage goal of the monetary value of the services and/or work to be performed under this contract to certified DM/DWBE businesses.Vendor shall not substitute with a non-DM/DWBE subcontractor or complete the services/work using its own forces without the prior written approval of the County's DM/DWBE Division Office.Approval of such substitution by the County will be provided only upon a showing that it is not reasonable or possible for the vendor to obtain the services of another certified DM/DWBE business to achieve the DM/DWBE participation goal.To assist the vendor with identification of County-certified DM/DWBE businesses,vendor should refer to the County's DM/DWBE See Below for Purchase Order Terms&Conditions P8fa of 6 1 BOCCOU Blanket Purchase Agreement 222209954, 0 Directory which can be found on the County website at haps://www.hillsboroughcounty.org/en/businesses/doing-business-with-hillsborough/minorities-and-women. c)Vendor is required to utilize the County's Vendor Compliance System(B2GNOW)on a monthly basis to confirm payments received from the County and to list any payments made by the vendor to DM/DWBE subcontractors,whether or not payment has been made to the vendor by the County.The County's Vendor Compliance System(B2GNOW)can be accessed at the following link:https://hillsboroughcounty.diversitycompliance.com/. d)Vendor shall coordinate its DM/DWBE utilization efforts with the County-assigned project manager on this contract. Vendor is advised to contact the County's DM/DWBE Division Office at MWSBE@HCFLGov.net for guidance and assistance regarding the County's DM/DWBE Program requirements,DM/DWBE certification,and/or utilization of the County's Vendor Compliance System(B2GNOW). e)Failure of the vendor to comply with this section may constitute a material breach of contract and shall entitle the County to remedies as more specifically set forth in the County's Operational Procedures governing the DM/DWBE Program;such remedies may include,but are not limited to,the forfeiture of and/or recovery by the County of monies paid to the vendor under this contract intended for expenditure with a DM/DWBE subcontractor,and/or suspension or debarment of the vendor from bidding and/or working on County contracts for up to two(2)years. Vendor is advised that failure to comply with the requirements of this section may result in a non-responsibility determination of bids/offers by the vendor on future procurement solicitations issued by the County. 30.NO ASSIGNMENT OF CONTRACT: Vendor shall not make any assignment of this contract,in whole or in part, without the prior written authorization of the County. Failure to obtain prior written authorization of the County will result in a delay of payment(s)at a minimum and may result in termination by the County for breach of contract. Hillsborough County Standard Purchase Order Terms and Conditions-Revised 03/24/2022 See Below for Purchase Order Terms&Conditions P58l of 61 Contract Terms and Conditions 222209954,0 Contract Terms and Conditions Table of Contents Terms and Conditions 21 1.Specifications 21 1.1.Scope* 21 1.2.Project Components 21 1.3.Minimum Qualifications* 25 1.4.Minimum Requirements* 25 1.5.Preparation for Delivery* .26 2.Special Terms and Conditions .26 2.1.Allowance(s)* 26 2.2.Basis for Award(Overall Low) 27 2.3.Bonds 27 2.3.1.Bid Bond 27 2.3.2.Earnest Money Deposit/Bid Bonds and Other Bid Securities 27 2.3.3.Evidence of Power-of-Attorney on Surety Instruments 28 2.3.4.Performance and Payment Bonds 28 2.3.5.Security Forfeiture 28 2.4.Insurance,Contractor* 29 2.5.Optional Provision for Other Agencies 31 2.6.Price Escalation/De-Escalation(CPI) 31 2.7.Purchase Order/Contract 31 2.8.Term Contract Clauses 31 2.8.1.Contract Period for Term Contract* 31 2.8.2.Estimated Quantities 32 2.8.3.Hillsborough County Governmental Purchasing Council:Reference Laws of Florida 69-1112 and 69-1119 32 2.8.4.Ordering 32 2.8.5.Termination for Convenience 33 3.Definitions 33 3.1.Definitions 33 3.2.Agreement 33 3.3.Amendment(s),Addendum,or Addenda 33 3.4.Bid(s),or Bidder's Bid 33 3.5.Bidder 33 3.6.Blanket Purchase Agreement(BPA) 34 3.7.Board of County Commissioners 34 3.8.Bond 34 3.9.Business Day(s) 34 3.10.Change Order 34 3.11.Close Date 34 3.12.Contract or Contract Documents 34 3.13.Contract Price 34 3.14.Contract Purchase Agreement(CPA) 35 3.15.Contract Time or Contract Period 35 Hillsborough County Board of County Commissioners Page 17 of 61 585 Contract Terms and Conditions 222209954,0 3.16.Contractor 35 3.17.County 35 3.18.County Administrator 35 3.19.Day(s) 35 3.20.Designee 35 3.21.Earnest Money Deposit(EMD) 35 3.22.Invitation To Bid 36 3.23.Minimum Specifications 36 3.24.Modification Agreement 36 3.25.Notice 36 3.26.Notice of Award 36 3.27.Notice to Proceed 36 3.28.Offer(s) 36 3.29.Offeror 36 3.30.Project 37 3.31.Project Manager 37 3.32.Proposal(s) 37 3.33.Proposer 37 3.34.Purchase Order 37 3.35.Quote(s) 37 3.36.Service(s) 37 3.37.Site(s) 37 3.38.Solicitation Document 38 3.39. Specifications 38 3.40.Subcontractor 38 3.41.Successful Bidder/Proposer 38 3.42. Surety 38 3.43.Unilateral Change Order 38 3.44.Work 38 4.Instructions 39 4.1.Manual Bid Submissions 39 4.2.Affirmative Action Business Enterprise Policy 40 4.3.Award of Contract and Rejection of Bids 41 4.4.Bid Documents 41 4.5.Bid/Proposal/Quote Pricing 41 4.6.Bid/Proposal/Quote Results 41 4.7.Bidder/Proposer Request for Interpretation of Solicitation Document 42 4.8.Bidder/Proposer Responsible for Examining/Investigating Work Site(s) 42 4.9.Procurement Policy and Procedures and Hillsborough County Ordinance-Protest Process and Procedures 42 4.10.Bidder's/Proposer's Understanding of the Solicitation Document 42 4.11.Brand Names,Etc. 43 4.12.Cancellation of Solicitation Document 43 4.13.Compliance With Occupational Safety And Health Act(O.S.H.A.) 43 4.14.Condition of Goods,Shipping Costs,and Claims Against Carrier 43 4.15.Cone of Silence 43 4.16.Deviations 44 4.17.Drug Free Workplace Program 44 4.18.Electronic Payment Solutions 44 Hillsborough County Board of County Commissioners Page 18 of 61 586 Contract Terms and Conditions 222209954,0 4.19.Equipment Demonstration 44 4.20.Execution of Written Agreement 45 4.21.Facilities Inspection 45 4.22.Hillsborough County Business Tax 45 4.23.Inspection of Samples 45 4.24.Licensing 45 4.25.Modification and/or Withdrawal of Offer Prior to Close Date 46 4.26.No Assignment of Offers 46 4.27.Obtaining Clarification and/or Additional Information 46 4.28.Public Entity Crimes Statement 46 4.29.Requested Information and Descriptive Literature 46 4.30.Responsibility Survey 47 4.31.Submittal Deadline 47 4.32.Taxes 47 4.33.Time Period Offer is Valid 47 4.34.Unbalanced Offers and/or Excessive Line Item Prices 47 5.General Terms and Conditions 47 5.1.Applicable Law 47 5.2.Changes in the Work/Change Orders/Modifications 47 5.3.Contractor Must Use E-Verify,Must Have Legally Authorized Workforce&Utilize IMAGE Best Practices 48 5.4.Contractor Use of Hillsborough County For Marketing Prohibited 50 5.5.Contractor's Responsibilities 50 5.6.County as Intended Beneficiary of Subcontracts 51 5.7.Emergencies 51 5.8.Failure to Perform 51 5.9.Fiscal Non-Funding/Availability of Funding 51 5.10.Force Majeure 51 5.11.Hand Sanitizer Ordinance 52 5.12.Equal Employment Opportunity;Non-Discrimination Clause 52 5.13.Indemnification 56 5.14.Injury and/or Damage Claims 56 5.15.Interpretation and Intent of Contract Documents .56 5.16.Laws and Regulations 57 5.17.Legally Required Statement and Provisions Regarding Access to Records for Services Contracts 57 5.18.Maintenance of Records/Public Records Law 58 5.19.No Assignment of Contract 58 5.20.Non-Exclusive Contract 58 5.21.Notices to Contractor 58 5.22.Notices to the County 58 5.23.Payment and Completion 59 5.24.Payment to Contractor by Electronic Payment Solution 59 5.25.Payment to Subcontractors 60 5.26.Performance Standards and Product Quality .60 5.27.Project Manager's Status 60 5.28.Severability .60 5.29.Solid Waste Collection and Disposal 60 5.30.Starting The Work 61 5.31.Statement of Assurance 61 Hillsborough County Board of County Commissioners Page 19 of 61 587 Contract Terms and Conditions 222209954,0 5.32.Suspension of Work 61 5.33.Termination for Contractor Engaging in Business Operations in Cuba or Syria and Termination for Contractor Being on the Scrutinized Companies Lists Set Forth in Florida Statutes,Section 287.135 61 Hillsborough County Board of County Commissioners Page 20 of 61 588 Contract Terms and Conditions 222209954,0 Terms and Conditions 1.Specifications 1.1.Scope* The Hillsborough County Solid Waste Management Department seeks a qualified Contractor to provide the collection,lab packaging,and transportation of hazardous waste from the County to a United States Environmental Protection Agency(EPA)permitted Treatment/Storage/Disposal Facility(TSDF)and subsequent disposal of these materials in a manner permitted by all applicable laws and regulations.The hazardous waste generated shall come from homeowners,small businesses,schools and governmental agencies in Hillsborough County. 1.2.Project Components 1.2.1. Hillsborough County's Hazardous Waste Collection Program shall consist of two(2)project components; 1.2.1.1. Routine Collection of Household Hazardous Waste(HHW)from County Household Hazardous Waste Collection Centers. 1.2.1.2. Ad hoc services for Mobile Household Waste Collections,Emergency Response Spill Clean Up, and Chemical Disposal from County Agencies. 1.2.2. Routine Collection of HHW from County Household Hazardous Waste Collection Centers 1.2.2.1. Hillsborough County has a Household Hazardous Waste Collection(HHW)Program for the purpose of collection and disposal of chemical waste generated by residential customers in Hillsborough County.The three(3)HHW collection centers are each open once a month from 8:00 am to 2:00 pm.The operating days hours for the HHW centers may be changed at the sole discretion of the County.The Centers are staffed and managed by County personnel certified as having 40-hours of Occupational Safety and Health Administration(OSHA)-approved Hazardous Waste Operations and Emergency Response (HAZWOPER)training. 1.2.2.1.1.Locations of the County's HHW Collection Centers are the following: Northwest County 9805 Sheldon Road Tampa,FL 33635 East County 6209 C.R.579 Hillsborough County Board of County Commissioners Page 21 of 61 589 Contract Terms and Conditions 222209954,0 Seffner,FL 33584 South County 13000 U.S.41 South Gibsonton,FL 33534 1.2.2.2. The Contractor shall furnish all necessary personnel,materials,equipment,labor,supervision, facilities and all services necessary for,or incidental to,the performance of all work as defined in these specifications. 1.2.2.3. The Contractor shall provide staffing at these Collections with at least two Chemists/Supervisors (and one additional Chemist/Supervisor on an as-needed basis)and a minimum of seven(7)technicians. At the sole discretion of the County,additional staffing shall be provided by the Contractor.Typically, Contractor staff for the Collections shall be requested a week prior to each Collection. 1.2.2.4. Contractor personnel shall perform tasks including,but not limited to:receiving waste from customer's vehicles;waste identification;segregating waste into appropriate hazardous categories;waste minimization(e.g.bulking of waste;lab packing waste);shipping waste and general site clean-up. 1.2.2.5. Community participation at a Collection Site may exceed the Contractor's capabilities to adequately service the Collection.At the direction of the County,the Contractor shall mobilize additional personnel,equipment,and materials as appropriate,within one(1)hour of being notified by authorized County staff. 1.2.2.6. The Contractor shall ensure that,all Subcontractors utilized by the Contractor for any portion of the work,meet or exceed the same requirements as the Contractor. 1.2.2.7. The Contractor shall notify the County within 30 days when entering a consent order with any environmental regulatory agencies against the Contractor or Subcontractors utilized within the scope of this Contract.Notification shall be made to the Project Manager by email with a copy of such order. Failure to do so could result in termination of the contract. 1.2.2.8. The Contractor shall provide educational information regarding the safe disposal of hazardous waste to the County,other local municipalities,the School Board,various civic associations, environmental groups,Small Quantity Generators(SQGs),Conditionally Exempt Small Quantity Generators(CESQGs),non-profit organizations,the media and other interested residents of Hillsborough County,as requested by the County. 1.2.2.9. The Contractor shall provide service to all County Departments and Agencies when requested under the terms of this contract.The Contractor shall also offer this service at the same rates,terms and conditions to Small Quantity Generators(SQGs).Conditionally Exempt Small Quantity Generators (CESQGs),non-profit organizations,schools,churches,and other government agencies,when requested, Hillsborough County Board of County Commissioners Page 22 of 61 590 Contract Terms and Conditions 222209954,0 including Contracts fee schedule.The Contractors shall arrange for pick-up of the material and transportation back to their facility.However,if any of the entities listed above elects to deliver their material to the Contractor then the entity shall provide identification at the Contractor's facility to demonstrate they are covered by this contract and may utilize the Contract's fee schedule. 1.2.2.10. Packaging,transport and disposal of the material collected shall be the sole responsibility of the Contractor.In addition the contractor is required to bulk certain items such as gasoline,diesel fuel, kerosene,flammables,used oil,antifreeze and cooking oil.Any other type of bulking waste minimization or waste consolidation performed on site shall have prior approval by County representative. 1.2.2.11. The Contractor shall be solely responsible for conforming to all requirements mandated by any permitted Recycling,Treatment,Storage,or Disposal Facility regarding labeling,packaging,segregation, and transportation of the waste,to ensure its acceptance at the final disposal facility. 1.2.2.12. The Contractor shall render the area environmentally safe,cleaning up any and all spills that may have occurred during any transaction at each site,during any and all collections,in compliance with the Spill Contingency Plan,and to the satisfaction of the County. 1.2.2.13. The Contractor shall provide at least two(2)staff persons at the Household Hazardous Waste Collection site in the event of the implementation of weekly collection events in unincorporated Hillsborough County with 14 days'notice.Contractor's staff shall be present during the scheduled work hours(8-10 hour day)of the collection event to perform the collection,packaging and transporting of hazardous waste. 1.2.2.14. The County shall have the right to remove any specific materials from the HHW waste stream (e.g.,used oil,lead-acid batteries,latex paint,flares,ammunition,and propane cylinders/tanks)for recycling or alternative disposal. 1.2.2.15. Materials collected from residents at the HHW sites shall be identified and placed in either the proper storage compartment of the Hazardous Material Storage Building or containerized.The Contractor shall provide training for Hillsborough County personnel twice a year for identification,segregation, chemical compatibility,lab packing and storing hazardous materials. 1.2.2.16. Analytical testing,including the ToxicityCharacteristics Leaching Procedure(TCLP)shall only be performed with specific authorization by the County. 1.2.2.17. It is anticipated that a limited amount of unacceptable materials(e.g.,infectious or biologically active materials)that are not acceptable at any County collection events shall be found during the duration of this contract.These unacceptable materials shall be handled on a case-by-case basis by the County. 1.2.2.18. All the waste material collected and lab packed for disposal by the Contractor shall be removed from the HHW collection center not later than the first Wednesday following each collection.The County may periodically require shed clean-outs throughout the year.The Contractor shall respond within ten Hillsborough County Board of County Commissioners Page 23 of 61 591 Contract Terms and Conditions 222209954,0 (10)business days of request. 1.2.2.19. The Contractor shall be solely responsible for complying with all requirements mandated by Federal,State,and Local laws regarding the proper labeling,packaging,segregation,transportation,and disposal of hazardous materials. 1.2.2.20. The County shall have final approval on disposal sites to be utilized by the Contractor for all household hazardous waste collected by the County. 1.2.2.21. All equipment used by the Contractor or Subcontractors shall be clean,properly maintained, and clearlyidentifiable as belonging to the Contractor or Subcontractors.The damage,theft or loss of any g g g � equipment or supplies belonging to the Contractor or Subcontractors during or after a collection event shall be the sole responsibility of the Contractor or Subcontractors. 1.2.2.22. The Contractor shall prepare and maintain a Uniform Hazardous Waste Manifest(EPA Form 8700-22)documenting the generator,transporter,and TSD facility.One copy of this Manifest along with one copy of each Container Content Sheet shall be provided to a County Representative prior to shipping waste from each of the sites. 1.2.2.23. The final Uniform Hazardous Waste Manifest shall be provided by the Contractor to the County within thirty(30)calendar days of the actual pick-up date. 1.2.2.24. A Certificate of Disposal,Recycling,Destruction,indicating Final Disposal site and Method of Disposal,for each and every type of waste generated through this program shall be provided by the Contractor to the County within ninety(90)calendar days of the Manifest date. 1.2.2.25. At the end of each collection month no later than the first day of the following month,the Contractor shall provide and upload waste weights in flat file(CSV)or via API. 1.2.3. Ad hoc services for Mobile Household Waste Collections,Emergency Response Spill Clean Up,and Chemical Disposal from County Agencies. 1.2.3.1. The Project Manager shall develop specifications describing the County's need for the Contractor to provide requested ad hoc services,including but not limited to Mobile Collections, Oil/Leachate/Chemicals Spill Clean Up and Contaminated Soil Clean Up.County agencies may also contact the Contractor for disposal of hazardous waste specified within this contract.The Contractor shall provide a price quote for the ad hoc services required for the County's consideration and approval prior to the cleanup or disposal being performed by the Contractor.Each price quote shall contain the Contractor's best monetary and technical support terms and shall not include a Hazardous Waste Surcharge or tax. 1.2.3.2. The Project Manager shall determine that the fees are fair and reasonable and are consistent with the pricing and hourly rates provided in the contract and in previous services performed. Hillsborough County Board of County Commissioners Page 24 of 61 592 Contract Terms and Conditions 222209954,0 1.2.3.3. The Project Manager may authorize the Contractor to provide services that are not covered by the bid line items.The Project Manager shall coordinate the processing of a release purchase order utilizing the allowance in the last line item of the contract pricing pages.The Contractor shall not commence any services until receipt of a processed release purchase order from the Project Manager.The Project Manager will also review quotes provided for other county agencies prior to use of this contract. 1.3.Minimum Qualifications* 1.3.1. The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services within the past three(3)year(s)to public entities in the State of Florida with populations of at least 100,000 people. The Bidder/Proposer shall provide at least three(3)contracts that can verify the Bidder has completed or is currently working on substantially similar projects.The"Responsibility Survey"should be used by the Bidder/Proposer to provide such information.If the Bidder/Proposer uses its own form,the information provided must be substantially similar as requested in the Responsibility Survey. 1.3.2. The Bidder/Proposer shall at the time of the Bid opening and,during the contract period,own,operate and be the primary contractor of a U.S.Environmental Protection Agency/Florida Department of Environmental Protection (FDEP)licensed hazardous waste transfer,storage,and/or disposal facility(TSDF)within the State of Florida. 1.3.3. The Contractor's Chemist/Supervisor shall have at a minimum,a 2-year degree with a Major or Minor in Chemistry or related science field,or at least two(2)years'experience in the hazardous waste field and one year of this experience in a supervisory capacity.The Chemist/Supervisor,and all the Contractor's on-site personnel,shall be certified as having forty(40)hours of Occupational Safety and Health Administration(OSHA)-approved Hazardous Waste Operations and Emergency Response(HAZWOPER)training,and remain certified during the term of the contract. 1.4.Minimum Requirements* 1.4.1. Within thirty(30)days of the contract award,the Contractor shall submit a Waste Disposal Site List that shall include all ultimate disposal sites in the United States with a copy of permit of all facilities used during this Contract.All hazardous waste disposed of with this Contract shall be disposed of in the United States. 1.4.1.1. The Waste Disposal Site List shall include the name,address,telephone number,and disposal method(s)of each disposal site,and shall detail the type of waste(s)the Contractor shall dispose of at each site. 1.4.1.1.1. If any hazardous waste has to be disposed of outside of the United States,a written letter shall be submitted to the Project Manager and authorized in writing by Hillsborough County Solid Waste Management Department prior to disposal. 1.4.1.1.2. No additional or alternate disposal sites shall be utilized by the Contractor for services within the scope of this Contract without written authorization from the County. Hillsborough County Board of County Commissioners Page 25 of 61 593 Contract Terms and Conditions 222209954,0 1.4.2. The Contractor shall be required to provide certificates of disposal(recycling,reclamation,fuel blending, treatment,destruction,etc.)of all waste generated during this Contract. 1.4.3. Within thirty(30)days of the contract award,the Contractor shall be required to submit to the Project Manager the General Safety Plan and the Comprehensive Site-Specific Safety Plan for each of the County's three Household Hazardous Waste Collection Centers(HHW). 1.4.4. The Contractor shall submit a monthly invoice for payment by the 15th of the month for work completed in the preceding month.With each invoice submitted for Payment,the Contractor shall include the following reports electronically: 1.4.4.1. An itemized list of the staff that worked at each HHW event and their total hours; 1.4.4.2. A Microsoft Excel®spreadsheet detailing monthly and cumulative total of materials collected for the Project Manager's review and use.The spreadsheet shall include a tab with the following information for each HHW collection facility and a tab with the overall total for all facilities combined; and shall be in a format and appearance approved by the Project Manager. 1.4.4.2.1. Monthly totals of material collected,recycled and disposed of for each bid line item; 1.4.4.2.2.Cumulative total of materials collected,recycled,and disposed of for the fiscal year (October 1 through September 30)for each bid line item. 1.5.Preparation for Delivery* Delivery of the goods and/or performance of the Services and/or Work must be no later than Seven(7)Days after Contractor's receipt of a Purchase Order from the County.The Contractor shall be solely responsible for all freight charges.Offers that propose delivery timelines that do not fall within the aforementioned delivery time frame will be subject to rejection. 2.Special Terms and Conditions 2.1.Allowance(s)* An Allowance,in the amount of$300,000.00,will be added to the total Bid amount for Mobile Household Hazardous Waste Collections,Emergency Response Cleanup and Chemical Disposal by County Agencies. Commodities and/or Services ordered through the Allowance are limited to the items/services listed above.Costs for the commodities/services must be pre-approved by the County and deemed to be fair and reasonable by County staff. Hillsborough County Board of County Commissioners Page 26 of 61 594 Contract Terms and Conditions 222209954,0 2.2.Basis for Award(Overall Low) Award will be made to the lowest,responsive and responsible Bidder meeting Specifications.Award will be made to a single Bidder for all line items.If a Bidder fails to submit an Offer on all line items,then that Bidder is not eligible for award. 2.3.Bonds 2.3.1.Bid Bond If Bidder/Proposer is required to submit a Bid Bond for this procurement,then either a certified check,a cashier's check,an irrevocable letter of credit or,in the alternative,a submission of a Bid Bond completed and signed by all required parties and submitted in the format detailed by the Bid Bond page(attached to this Solicitation Document) shall be required to accompany each Offer in the dollar amount set forth within the Solicitation Document. a)A copy of the Bid Bond or irrevocable letter of credit must be electronically attached to the Bidder's/Proposer's Offer if said Offer has been submitted to the County electronically.The original Bid Bond or irrevocable letter of credit must be delivered to the Procurement Services Department no later than five(5)Business Days after the Close Date.Please be advised that the original Bid Bond or irrevocable letter of credit must be the same as(i.e.the original of)the copy of the Bid Bond or letter of credit electronically attached to the Offer and cannot deviate from or be different from the copy attached to the electronic bid in any way. b)Original documents of certified checks and cashier's checks must be delivered to the Procurement Services Department no later than the Close Date. c)Any submitted certified check or irrevocable letter of credit shall be drawn on a solvent bank or trust company to the order of Hillsborough County Board of County Commissioners,and shall have all necessary documentary revenue stamps attached,if required by law. d)Surety on Bid Bonds shall be authorized to do business in the State of Florida. e)All Bid Bonds shall be issued or countersigned by an authorized agent,with satisfactory evidence of the authority of the person or persons executing such bonds. f)Personal checks,business checks and cash deposits are not acceptable. 2.3.2.Earnest Money Deposit/Bid Bonds and Other Bid Securities i)An Earnest Money Deposit/Bid Bond or other security is required with this Bid.Either a certified check,a cashier's check,treasurer's check,or a bank draft drawn on any national or state licensed financial institution or,in the alternative,an Earnest Money Deposit completed and signed by all required parties and submitted in the format detailed in the attachment,shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than five percent(5%)of the sum of the computed total amount of the Bidder's Bid Proposal. ii)If the Bid will be awarded at a stated dollar amount,the Earnest Money Deposit or other security must be in an amount of five percent(5%)of the stated award amount,regardless of the Bid prices received. iii)Any submitted certified check,cashier's check,treasurer's check,or bank draft shall be drawn on a solvent bank or trust company authorized to do business in Florida,payable to the order of Hillsborough County Board of County Commissioners,and shall have all necessary documentary revenue stamps attached,if required by law. iv)Sureties on Earnest Money Deposits shall be companies authorized to do business in the State of Florida and satisfactory evidence of the authority of the person or persons executing such Bid Bonds shall be submitted with the Hillsborough County Board of County Commissioners Page 27 of 61 595 Contract Terms and Conditions 222209954,0 Bid Bond. v)Bid Bonds must be submitted on the form provided(see attachment). vi)Personal checks,business checks,and cash deposits are not acceptable to Hillsborough County and will render your Bid nonresponsive. 2.3.3.Evidence of Power-of-Attorney on Surety Instruments Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power-of-attorney. 2.3.4.Performance and Payment Bonds i)The successful Bidder shall execute a Performance Bond as shown within the attachment,or furnish acceptable alternative forms of security,in a sum equal to one hundred percent(100%)of the total awarded Contract amount by a Suretycompany considered satisfactorybythe Countyand otherwise authorized to transact business in the State of P Y Florida.The Performance Bond shall be required from the successful Bidder to ensure the faithful performance of q the obligations imposed by the Contract. ii)The successful Bidder shall execute a Payment Bond as shown within the attachments,or furnish acceptable alternative forms of security,in a sum equal to one hundred percent(100%)of the total awarded Contract by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida.The Payment Bond shall be provided by the successful Bidder for purposes of protecting the County from lawsuits for non-payment of debt that might arise in connection with the successful Bidder's performance under the Contract. iii)The Performance Bond and Payment Bond forms will be included in the Contract Documents and must be properly executed by the Surety and the successful Bidder.Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney.Certified copies of the recorded Bonds shall be submitted to the County within ten(10)Days after notification by the County of award of the Contract. iv)In lieu of the Performance and Payment Bonds required by this section,the successful Bidder may file with the County an alternative form of security which shall be in the form of Cash,money order,certified check,cashier's check,irrevocable letter of credit,or alternative securities of the type listed in Part II of Chapter 625,Florida Statutes.Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance and Payment Bonds.The determination of the value of such alternative forms of security shall be made by the County. 2.3.5.Security Forfeiture If within ten(10)Days after the successful Bidder's receipt of the Notice of Award,the successful Bidder refuses or otherwise neglects to execute and deliver the required Agreement or fails to furnish the required Performance and Payment Bonds,or acceptable alternative forms of security as stipulated herein,the amount of the Bidder's Bid security(check,Bid Bond/Earnest Money Deposit,or other)may be forfeited and the award rescinded if such action is deemed to be in the best interests of County.No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of its Bid security or as a defense to any action based upon the neglect or refusal to execute the required Agreement. Hillsborough County Board of County Commissioners Page 28 of 61 596 Contract Terms and Conditions 222209954,0 2.4.Insurance,Contractor* a)During the life of the Agreement,the Contractor shall provide,pay for and maintain insurance of the types and in the amounts described herein.All such insurance shall be provided by responsible companies with A.M.Best ratings of A-,Class 7 or better,authorized to transact business in the State of Florida,and which are satisfactory to the County. b)All policies of insurance required by the Agreement shall require that the Contractor give the County thirty(30) Days written notice of any cancellation,intent not to renew,or reduction in coverage and ten(10)Days written notice of any non-payment of premium.Such notice shall be delivered by U.S.Mail to:Director,Risk Management Division,Hillsborough County,601 E.Kennedy Blvd,Tampa,Florida 33602.In the event of any reduction in the aggregate limit of any policy,the Contractor shall immediately restore such limit to the amount required herein. c)All insurance coverages provided by the Contractor shall be primary to any insurance or self-insurance program of the County which is applicable to the Work provided for in the Agreement. d)Receipt by the County of any Certificate of Insurance or copy of any policy evidencing the insurance coverages and limits required by the Contract Documents does not constitute approval or agreement by the County that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of the Contract Documents. e)No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies,if requested,are received by the County and written Notice to Proceed is issued to the Contractor by the County. f)The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County.They are not designed as a recommended insurance program for the Contractor.Contractor shall be responsible for the sufficiency of its own insurance program.Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore,it should seek professional assistance. g)If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten(10)Days prior to expiration of current coverages. h)Should the Contractor fail to maintain the insurance coverages required by the Contract Documents,the County may,at its option,either terminate this Agreement for default or procure and pay for such coverage,charge the Contractor for and deduct the costs of the same from payments due the Contractor.A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents. i)All Commercial General Liability and Builder's Risk liability insurance policies obtained by the Contractor to meet the requirements of the Contract Documents shall provide that the County,its employees and agents shall be additional insureds under the Policy and shall also incorporate a Severability of Interest provision.All insurance coverages provided under this Section shall apply to all the Contractor's activities under the Contract Documents without regard for the location of such activity.Liability policies shall only be written on the Occurrence form. j)Coverage amounts and type of insurance shall conform to the following minimum requirements with the use of current Insurance Service Office form and endorsements or their equivalent. k)Worker's Compensation and Employer's Liability Insurance.Coverage shall be maintained by the Contractor for all employees engaged in the Work,in accordance with the laws of the State of Florida. 1)The amount of such insurance shall not be less than: i)Workers'Compensation-Florida Statutory Requirements Hillsborough County Board of County Commissioners Page 29 of 61 597 Contract Terms and Conditions 222209954,0 ii)Employer's Liability- $100,000 Limit Each Accident $100,000 Limit Disease Each Employee $500,000 Limit Disease Aggregate iii)Commercial General Liability Insurance.Coverage shall include,but not be limited to:Bodily Injury and Property Damage,Damage,Damage to Rented Premises,Medical expenses,Personal and Advertising Injury,and Products and Completed Operations: $1,000,000 Bodily Injury and Property Damages-Each Occurrence $50,000 Damages to Rented Premises-Each Occurrence $5,000 Medical Expenses-Any One Person $1,000,000 Personal and Advertising Injury-Each Occurrence $1,000,000 Products/Completed Operations-Each Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate iv)Business Automobile Liability Insurance.Coverage shall be maintained by the Contractor as to the ownership,maintenance,and use all of its owned,non-owned,leased or hired vehicles with limits of not less than: I)Bodily Injury&Property Damage Liability:$300,000 Combined Single Limit Each Accident. v)All Risk Coverage:For Purposes of this Contract,Builder's Risk coverage is not required;and Installation Floater Coverage is not required.If either or both are required,the Contractor shall provide coverage which includes the following minimum requirements: I)All Risk coverage shall be issued by insurance company(s)approved by the State of Florida Department of Insurance and acceptable to the County.Coverages and endorsements must be on forms acceptable to the County.The premium for this insurance shall be paid for by the Contractor,with any deductibles being the sole responsibility of the Contractor. II)Builder's Risk limits of coverage shall be 100%of the completed value of any building(s)or structure(s),or 100%of the value of the equipment to be installed,as appropriate;Installation structure(s),or 100%of the value of the equipment to be installed,as appropriate;Installation Floater coverage shall provide for loss of the installed equipment,no labor or fees,prior to final completion of the project. III)Waiver of Occupancy Clause or Warranty:Policy must be specifically endorsed to eliminate any occupancy or similar warranty or representation that the building(s)or structure(s)will not be occupied. vi)Professional Liability/Errors and Omissions Insurance is not required. vii)Pollution/Environmental Liability Insurance is required.Minimum$1,000,000. viii)Certificates of Insurance.Certificates of Insurance evidencing the insurance coverage specified herein,when required,shall be filed with the Procurement Services Department within ten(10)Days after Notice of Award.The required Certificates of Insurance not only shall name the types of policies provided,but also shall refer specifically to the Agreement. Certificates shall have the signature of the producer or authorized Representative of the insurer(s). Certified copies of insurance policies shall be provided to the County upon request. Hillsborough County Board of County Commissioners Page 30 of 61 598 Contract Terms and Conditions 222209954,0 m)Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed.The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time. 2.5.Optional Provision for Other Agencies Unless otherwise stipulated by the Bidder/Proposer in its Offer,the Bidder/Proposer agrees to make available to all government agencies,departments,and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document,should any governmental entity desire to buy under the Contract resulting from this Solicitation Document. 2.6.Price Escalation/De-Escalation(CPI) If the Contractor desires to request an increase pursuant to the following escalation clause for the annual period of the Contract,the Contractor shall submit,no later than ninety(90)Days prior to the annual anniversary date of the contract,the inflationary factor and background data based upon the following formula,to the County's Project Manager: a)New Fee=[.75 X(CPI2—CPI1)_CPI1 + 1]X Current Fee b)"CPI":The Consumer Price Index for the Urban Wage Earners and Clerical Workers,South Region-All Items, Not Seasonally Adjusted,published by the United States Department of Labor,Bureau of Labor Statistics( http://www.bls.gov/). c)"CPII":The published CPI for the month ending twelve(12)months prior to CPI2. d)"CPI2":The published CPI for the month ending one-hundred fifty(150)Days prior to the annual anniversary date of the Contract being adjusted. e)As of the annual anniversary date of this Contract,the County may decrease the Contract in accordance with the above Escalation/De-Escalation clause formula.The County shall notify the Contractor in writing of any such de-escalation.In no event shall either the escalation or the de-escalation exceed six percent(6%)in any year. 2.7.Purchase Order/Contract By submitting an Offer,the Bidder/Proposer declares that it understands and agrees that Bidder's/Proposer's Offer in addition to the Specifications,the Instructions,the General Terms and Conditions,the Special Terms and Conditions,the Insurance and Bond requirements,any Amendment(s)issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by the Board of County Commissioners(if applicable),upon approval of the contract award by the County Administrator(if applicable),or upon the County's issuance of a Contract Purchase Agreement,Blanket Purchase Agreement,or Purchase Order,whichever occurs sooner. 2.8.Term Contract Clauses 2.8.1.Contract Period for Term Contract* The Contract resulting from this Solicitation Document will be in effect for a three(3)-year period(ending on the last day of the final month)from the effective date of the Contract as established by the County's Blanket Purchase Hillsborough County Board of County Commissioners Page 31 of 61 599 Contract Terms and Conditions 222209954,0 Agreement(BPA)or Contract Purchase Agreement(CPA). 2.8.2.Estimated Quantities Quantities given represent the best estimate for use and shall be the basis for award.However,these quantities are not intended to represent actual requirements,which are not known at this time and may vary during the Contract Period.The County does not guarantee a minimum total purchase.Furthermore,the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable. 2.8.3.Hillsborough County Governmental Purchasing Council: Reference Laws of Florida 69-1112 and 69-1119 All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council.Members,at their discretion,may utilize the Contract that results from this Solicitation Document.Members may purchase the goods,Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County.Members will issue their own purchase orders,issue payments and coordinate the service locations with the Contractor,as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies: Children's Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough County Board of County Commissioners Hillsborough Community College Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney's Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector 2.8.4. Ordering Hillsborough County Board of County Commissioners Page 32 of 61 600 Contract Terms and Conditions 222209954,0 The County shall issue a Blanket Purchase Agreement(BPA)or Contract Purchase Agreement(CPA)to cover any goods,Services and/or Work to be furnished under this Contract.The County user departments will then issue Standard Purchase Orders against the BPA/CPA on an as-needed basis.The Successful Bidder/Proposer shall deliver the applicable goods,Services and/or Work only upon receipt of a Standard Purchase Order.No goods, Services and/or Work are to be provided until a Standard Purchase Order is issued.However,any Standard Purchase Order issued PRIOR to the end of the Contract Period shall be completed,invoiced and paid after the expiration of the Contract.Orders shall be issued only during the Contract Period.The County reserves the right to modify the delivery location(s)identified throughout the Contract Period. 2.8.5.Termination for Convenience In the event the County elects to terminate the Contract,the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods,Services and/or Work provided by the Contractor to the County prior to the Contractor's receipt of said termination notice. 3.Definitions 3.1.Definitions The following words and expressions(or pronouns)shall,wherever they appear in this Solicitation Document and the Contract Documents,be construed as follows unless a different meaning is clear from the context. 3.2.Agreement "Agreement"shall mean the written agreement between the County and the Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Solicitation Document.The Agreement(if one is required for this particular Solicitation Document)will be attached to and made a part of the Contract Documents. 3.3.Amendment(s),Addendum,or Addenda "Amendment(s)","Addendum",or"Addenda"shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County,in writing,prior to the Close Date. 3.4.Bid(s),or Bidder's Bid "Bid(s)","Bidder's Bid","Proposal(s)",or"Quote(s)"shall mean the offer,bid,proposal,or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed,along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document. 3.5.Bidder "Bidder"or"Proposer"shall mean any person,partnership,corporation or other entity or organization submitting a Bid,Proposal,or Quote to provide the goods,Services and/or Work solicited by the County in this Solicitation Hillsborough County Board of County Commissioners Page 33 of 61 601 Contract Terms and Conditions 222209954,0 Document. 3.6.Blanket Purchase Agreement(BPA) "Blanket Purchase Agreement(BPA)"shall mean the County's written document to the Contractor stating the products/Services/Work to be provided,the pricing for said products/Services/Work,the effective dates for the provision of said products/Services/Work,and any additional terms and conditions of the Contract,if applicable. 3.7.Board of County Commissioners "Board of County Commissioners"shall mean the Board of County Commissioners of Hillsborough County, Florida. 3.8.Bond "Bond"or"Earnest Money Deposit(EMD)"shall mean bid bond,performance bond,and/or payment bond and other instruments of security furnished by the Bidder/Proposer/Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents. 3.9.Business Day(s) "Business Day(s)"shall mean Monday through Friday excluding public holidays. 3.10.Change Order "Change Order"shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition,deletion,or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time. 3.11.Close Date "Close Date"shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document. 3.12.Contract or Contract Documents "Contract"or"Contract Documents"shall mean the Definitions,Instructions, General Terms and Conditions, Special Terms and Conditions,Insurance and Bond requirements,Specifications,Equal Employment Opportunity and Affirmative Action Requirements,all Amendment(s)issued,the Offer,the Agreement(if applicable),all the attached documents identified in this Solicitation Document,all supplementary drawings issued after award of the contract,all Change Orders,all Allowance Authorization Releases,and all provisions required by law to be a part of the Contract Documents,whether actually inserted therein or not. 3.13.Contract Price Hillsborough County Board of County Commissioners Page 34 of 61 602 Contract Terms and Conditions 222209954,0 "Contract Price"shall mean the total monies payable to the Contractor under the Contract Documents. 3.14.Contract Purchase Agreement(CPA) "Contract Purchase Agreement(CPA)"shall mean the County's written document to the Contractor stating the products/Services/Work to be provided,the pricing for said products/Services/Work,the effective dates for the provision of said products/Services/Work,and additional terms and conditions of the Contract,if applicable. 3.15.Contract Time or Contract Period "Contract Time"or"Contract Period"shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein. 3.16.Contractor "Contractor"shall mean the Successful Offeror,whether a corporation,partnership,individual or any combination thereof,and its,their or his/her successors,personal representatives,executors,administrators,and permitted assignees. 3.17.County "County"shall mean the Board of County Commissioners,Hillsborough County,Florida,for whom the Contract is being performed. 3.18.County Administrator "County Administrator"shall mean Hillsborough County's County Administrator,or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator. 3.19.Day(s) "Day(s)"shall mean one calendar day. 3.20.Designee "Designee"shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf. 3.21.Earnest Money Deposit(EMD) "Earnest Money Deposit(EMD)"or"Bond"shall mean bid bond,performance bond,and/or payment bond and other instruments of security furnished by the Bidder/Proposer and/or Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents. Hillsborough County Board of County Commissioners Page 35 of 61 603 Contract Terms and Conditions 222209954,0 3.22.Invitation To Bid "Invitation to Bid"shall mean the Solicitation Document issued by the County for the goods,Services and/or Work specified herein;and shall include the Definitions,Instructions,General Terms and Conditions,Special Terms and Conditions,Insurance and Bond requirements,Specifications,Requirements,and all Amendment(s)issued. 3.23.Minimum Specifications "Minimum Specifications"shall mean the portion of the Specifications that address the technical requirements of the Work to be performed under this Contract including materials,equipment,and workmanship. 3.24.Modification Agreement "Modification Agreement"shall mean the written order to the Contractor signed by the County authorizing an addition,deletion,or revision in the goods,Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after execution of the Agreement. 3.25.Notice "Notice"shall mean a written notice for the County and the Contractor as set forth in this Solicitation Document and/or the Contract Documents. 3.26.Notice of Award "Notice of Award"shall mean the written notice given by the County to the Successful Bidder/Proposer that said Bidder/Proposer has been selected by the County to provide the goods/Services and/or perform the Work specified in this Solicitation Document. 3.27.Notice to Proceed "Notice to Proceed"shall mean the written notice given by the County to the Successful Bidder/Proposer and/or Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Proposer and/or Contractor to provide the goods and/or Services specified in the Contract Documents. 3.28.Offer(s) "Offer(s)"or'Bid(s)"or"Proposal(s)"or"Ouote(sl"shall mean the offer,bid,proposal,or quote of the Offeror submitted on the prescribed forms setting forth the prices for the Work to be performed,along with all other documents submitted by the Offeror in response to this Solicitation Document. 3.29.Offeror "Offeror"shall mean any person,partnership,corporation or other entity or organization that has submitted an Offer, Bid,or Proposal to the County in response to a procurement solicitation issued by the County to provide equipment, Hillsborough County Board of County Commissioners Page 36 of 61 604 Contract Terms and Conditions 222209954,0 supplies,materials,or Services. 3.30.Project "Project"shall mean the entire action and/or improvement which is the subject of this Solicitation Document and/or the Contract Documents. 3.31.Project Manager "Project Manager"shall mean the duly authorized representative of the Board of County Commissioners during the Contract Period. 3.32.Proposal(s) "Proposal(s)"or"Bid(s)"or"Bidder's Bid(s)"or"Quote(s)"shall mean the offer,bid,proposal,or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed,along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document. 3.33.Proposer "Proposer"or"Bidder"shall mean any person,partnership,corporation or other entity or organization submitting a Bid,Proposal,or Quote to provide the goods,Services and/or Work solicited by the County in this Solicitation Document. 3.34.Purchase Order "Purchase Order"shall mean the County's written document to the Contractor authorizing Work. 3.35.Quote(s) "Quote(s)"or"Bid(s)"or"Bidder's Bid(s)"or"Proposal(s)"shall mean the offer,bid,proposal,or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed,along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document. 3.36.Service(s) "Service(s)"shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents. 3.37.Site(s) "Site(s)"shall mean the area(s)upon or in which the Contractor's operations are carried on and such other areas adjacent thereto as may be designated as such by the County. Hillsborough County Board of County Commissioners Page 37 of 61 605 Contract Terms and Conditions 222209954,0 3.38.Solicitation Document "Solicitation Document"shall mean the solicitation issued by the County for the goods,Services and/or Work specified herein;and shall include the Definitions,Instructions,General Terms and Conditions,Special Terms and Conditions,Insurance and Bond requirements,Specifications,Requirements,and all Amendment(s)issued. 3.39.Specifications "Specifications"shall mean the detailed information set forth in the"Specifications"section of this Solicitation Document describing and/or concerning the goods,Services and/or Work being solicited by the County via this Solicitation Document,including,but not limited to,any terms and conditions contained within the"Specifications" section,any Amendment(s)issued related to the"Specifications"section,and/or any drawings or maps relating to the"Specifications"section of this Solicitation Document. 3.40.Subcontractor "Subcontractor"shall mean any person,firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish,or actually furnishes labor,materials,and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents. 3.41.Successful Bidder/Proposer "Successful Bidder"or"Successful Proposer"shall mean the Contractor and vice versa,whether a corporation, partnership,individual or any combination thereof,and its,their or his/her successors,personal representatives, executors,administrators,and permitted assignees. 3.42.Surety "Surety"shall mean any corporation that executes,as surety,the Bidder's/Proposer's Bid/Proposal bond,and/or any corporation that executed,as surety,the Contractor's Bid/Proposal,performance,and/or payment Bond. 3.43.Unilateral Change Order "Unilateral Change Order"shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County authority directing an addition,deletion,or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor. 3.44.Work "Work"shall mean any and all obligations,duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services,Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents,including,but not limited to,the furnishing of all labor,materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents. Hillsborough County Board of County Commissioners Page 38 of 61 606 Contract Terms and Conditions 222209954,0 4.Instructions 4.1.Manual Bid Submissions Applicable only to Offers that are not submitted via the County's electronic bidding system. If Bidder/Proposer is submitting its Offer by means other than through the County's electronic bidding system,then the followingprovisions shall apply and shall replace theprovisions with the same heading/subject matter found in PPY P P� J this"Instructions"section of this Solicitation Document;all other provisions in this"Instructions"section shall remain the same and shall apply to all Offers. a)Important Notice Regarding Delivery of Offers:The County is currently in the process of transitioning from a manual bidding process to a fully automated electronic bidding process.Accordingly,during this period of transition,in addition to accepting Offers via the new electronic bidding system,the County will also accept Offers submitted via traditional means(such as U.S.mail,express mail,courier service,or hand delivery)for this Solicitation Document. i)Bidder/Proposer must have its Offer delivered to: Hillsborough County BOCC-County Center Procurement Services Department PO Box 1110 601 East Kennedy Blvd Tampa,FL 33601 ii)Bidder/Proposer is strictly responsible for the delivery of its Offer.The County and/or the Director of the Procurement Services Department shall in no way be responsible for any delays caused by the United States Postal Service and/or other courier,or for delays caused by any other occurrence. iii)Bidder/Proposer is advised that United States Postal Service delivery is made to the County's post office box(P.O.Box).Such delivery is not made directly to the street address,even if the Bidder/Proposer specifies the street address and/or even if express mail service is utilized;therefore, Bidder's/Proposer's use of the United States Postal Service may cause a delay in the County's'receipt of the Bidder's/Proposer's Offer by the Close Date.Bidder/Proposer is cautioned to plan necessary delivery time accordingly. iv)Offers delivered by facsimile,electronic mail(e-mail)or electronic means other than through the County's electronic bidding system will not be considered. b)Sealing and Labeling of Offers-Bidder/Proposer is directed to seal its Offer from public view and label its sealed Offer with the Bidder's/Proposer's name,this Solicitation Document's title,and the Solicitation Document number.Sealed Offers may not be amended or otherwise changed by any writing placed outside the sealed Offer. Any writing that is outside of the sealed Offer will not be considered in the County's evaluation of the Offer. c)Signing of Offer: i)Bidder/Proposer must sign the most recently amended Offer issued for this Solicitation Document. ii)Bidder's/Proposer's Offer must be signed by a person that is legally authorized to contractually bind the Bidder/Proposer. iii)If a Bidder/Proposer is a partnership,then the Offer must be signed by one or more of the company's general partners. iv)If Bidder/Proposer is a corporation,the Offer must be signed by a current officer of the corporation. v)A person signing the Offer as Bidder's/Proposer's agent should include with the Offer legal evidence of Hillsborough County Board of County Commissioners Page 39 of 61 607 Contract Terms and Conditions 222209954,0 such person's authority to sign on behalf of the Bidder/Proposer. d)Errors on Offer Pricing:If a Bidder's/Proposer's Offer contains erasures,corrections or mathematical errors,the Bidder/Proposer will be bound to the County's reasonable interpretation of the Bidder's/Proposer's intent.The County shall have the discretion to correct any mathematical calculation error and the unit price will control.If a unit price is left blank,the County shall have the discretion to make a reasonable interpretation of the Bidder's/Proposer's Offer,which may include,but is not limited to,assigning a zero dollar($0)amount to such blank unit price. e)Bid Bond: i)If Bidder/Proposer is required to submit a Bid Bond for this Offer,then either a certified check,a cashier's check,a treasurer's check,or bank draft drawn on any state licensed financial institution,an irrevocable letter of credit or,in the alternative,a submission of a Bid Bond completed and signed by all required parties and submitted in the format set forth on the Bid Bond page attached to the Solicitation Document,shall be required to accompany each Offer in the dollar amount set forth within this Solicitation Document. ii)Any submitted certified check or irrevocable letter of credit shall be drawn on a solvent bank or trust company to the order of Hillsborough County Board of County Commissioners,and shall have all necessary documentary revenue stamps attached,if required by law. iii)Surety on Bid Bonds shall be authorized to do business in the State of Florida. iv)All Bid Bonds shall be issued or countersigned by an authorized agent,with satisfactory evidence of the authority of the person or persons executing such bonds. v)Personal checks,business checks and cash deposits are not acceptable. 4.2.Affirmative Action Business Enterprise Policy (i) The County hereby notifies all Offerors that Minority Business Enterprises (MBE's),Disadvantaged Minority Business Enterprises (DMBE's), and Disadvantaged Women Business Enterprises (DWBE's) will be afforded an equal opportunity to participate in any award made by the County pursuant to this Solicitation Document and will not be subjected to discrimination on the basis of actual or perceived race,color,religion,sex,national origin, age, marital status,disability, sexual orientation, or gender identity or expression. The County prohibits any person/business involved in County contracting and procurement activities,to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status,disability, sexual orientation, or gender identity or expression. (ii) A written Affirmative Action/Equal Employment Opportunity (AA/EEO)Policy or Program is required if the Offeror has fifteen (15) or more employees. If the Offeror has fewer than fifteen (15) employees, then a written Affirmative Action(AA)Policy Statement is required. A copy of Offeror's written AA/EEO Policy/Program or AA Policy Statement(as applicable)should be submitted to the County within five(5)Business Days of notification of low Bidder status by the County but must be submitted no later than fifteen(15)Business Days after notification of low Bidder status by the County. (iii) Offeror is required to complete and submit the"Affirmative Action Plan Self-Analysis"Forms contained in the County's AA/EEO Packet(included in this solicitation)no later than fifteen(15)Business Days after notification of low Bidder status by the County. Hillsborough County Board of County Commissioners Page 40 of 61 608 Contract Terms and Conditions 222209954,0 4.3.Award of Contract and Rejection of Bids a)A Contract,if awarded,will be awarded to the lowest responsive and responsible Bidder in accordance with this Solicitation Document and applicable law. b)The County,in its sole discretion,may determine whether acceptance of the Bid/Quote is in the best interest of the County.Further,the County reserves the right to reject any and all Bids/Quotes and to waive any informality concerning a Bid/Quote whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law. c)The County also reserves the right to reject the Bid/Quote of any Bidder: i)determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and ii)who is not in a position to perform the contract. d)Bidder must have the capacity,knowledge,skill and general ability to fully perform.Bidder must also have the integrity,reliability and other applicable qualities that will ensure good faith performance.The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidder's responsibility.The County may reject Bidder's Bid/Quote if,at the County's sole discretion,Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible. 4.4.Bid Documents a)The Definitions,Instructions,General Terms and Conditions,Special Terms and Conditions,Insurance and Bond requirements,Specifications,Requirements,any Amendment(s)issued,together with all the attached documents herein identified constitute the entire Solicitation Document,and must be the basis of all Offers. b)Bidder's/Proposer's Offer pricing,in addition to all Amendment(s)issued,and any other documentation required by this Solicitation Document that is submitted by the Bidder/Proposer in response to this procurement shall constitute the Offer.The Bidder/Proposer is only required to submit its Offer in addition to any Amendment(s) issued and any other documentation required by this Solicitation Document. c)The Definitions,Instructions,General Terms and Conditions,Special Terms and Conditions,Requirements, Insurance and Bond requirements,Specifications,Equal Employment Opportunity and Affirmative Action requirements,all Amendment(s)issued,the Bidder's/Proposer's Offer,the Agreement,if applicable,together with all other attached documents herein identified and all supplementary drawings issued after award of the Contract shall constitute the"Contract Documents"upon the award of this Solicitation Document. 4.5.Bid/ProposaUQuote Pricing Pricing must be quoted only in the space(s)provided within this Solicitation Document;no other form(s)will be accepted.When applicable,all prices quoted are to be free-on-board(F.O.B.)to the job site or specified delivery location in Hillsborough County,Florida. 4.6.Bid/Proposal/Quote Results Hillsborough County Board of County Commissioners Page 41 of 61 609 Contract Terms and Conditions 222209954,0 Preliminary results are generally available within two(2)Business Days to Bidders/Proposers in the iSupplier System via Online Discussions. 4.7.Bidder/Proposer Request for Interpretation of Solicitation Document No interpretation of the meaning of the Specifications contained in this Solicitation Document or other Contract Documents will be made to any Offeror orally.Every request for such interpretation must be in writing,addressed to the Director of Procurement Services.To be given consideration,such requests must be received at least ten(10) Days prior to the Close Date.Any and all such interpretations and any supplemental instructions will be in the form of a written Amendment which,if issued,will be communicated to all Offerors who have acknowledged participation within the electronic bidding system and opened the respective solicitation at least five(5)Business Days prior to the Close Date.Failure of an Offeror to receive any such Amendment or interpretation shall not relieve said Offeror from an obligation under its Offer as submitted.All Amendment(s)so issued shall become part of the Contract Documents. 4.8.Bidder/Proposer Responsible for Examining/Investigating Work Site(s) If applicable to this Solicitation Document,Bidder/Proposer is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work.Bidder's/Proposer's failure to conduct such examinations and investigations shall not: a)excuse the Successful Bidder's/Proposer's failure to complete the Work in accordance with the Specifications and requirements set forth in this Solicitation Document based on the Successful Bidder's/Proposer's ignorance of conditions or difficulties that may exist prior to the Close Date or of conditions or difficulties that may be encountered during the execution of the Work;and/or b)be a basis for any claims for additional compensation and/or for any extensions of time. 4.9.Procurement Policy and Procedures and Hillsborough County Ordinance-Protest Process and Procedures Offeror is advised that by submitting an Offer,Offeror hereby agrees to comply with the County's Procurement Policy and Procedures,including,but not limited to,the County's policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws,Part A,Chapter 2,Article VI,Division 3.The County's Procurement Policy and Procedures can be found on the County's website at: www.hcflgov.net/en/businesses/doing-business-with-hillsborough/vendors/vendor-forms-and-documents Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws,Part A,Chapter 2, Article VI,Division 3,Sec.2-567(b)(i),any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five(5)Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document. 4.10.Bidder's/Proposer's Understanding of the Solicitation Document Bidder/Proposer is solely responsible for reading and completely understanding this Solicitation Document in its entirety. Hillsborough County Board of County Commissioners Page 42 of 61 610 Contract Terms and Conditions 222209954,0 4.11.Brand Names,Etc. a)In instances where the Specifications make this subject applicable,any use therein of brand names,manufacturers' names,trade names,information and/or catalog numbers are used solely for the purpose of providing descriptions and for establishing acceptable quality levels.Such references are not intended to place restriction on the Bidders/Proposers(other than as to quality)and Bidders/Proposers may propose and describe upon the Bid/Proposal/Quote forms deviations that the Bidder/Proposer believes to be equal to or better than the requirements set forth in this Solicitation Document.The burden of proof that the Bidder's/Proposer's proposed brand is in fact equal lies with the Bidder/Proposer. b)Bidders/Proposers must furnish all requested information in the spaces provided on the Bid Proposal. Additionally,where required pursuant to the provisions of this solicitation,Bidders must submit the following with their Bid Proposal:catalog cuts,sketches,descriptive literature,and/or complete specifications relative to the items proposed and offered.References to previously submitted material concerned with previous Bid Proposals are not acceptable to County. 4.12.Cancellation of Solicitation Document The County reserves the right to cancel,in whole,or in part,this Solicitation Document when deemed to be in the best interest of the County. 4.13.Compliance With Occupational Safety And Health Act(O.S.H.A.) In instances where such is applicable due to the nature of a Solicitation Document,all material,equipment,etc.,as proposed and offered by the Bidder/Proposer must meet and conform to all O.S.H.A.requirements. 4.14.Condition of Goods,Shipping Costs,and Claims Against Carrier Unless otherwise specified,all goods supplied will be new,not used or re-manufactured.Bid/Proposal/Quote prices shall include costs of delivery,shipping and handling.Any claims against the carrier will be the responsibility of the Contractor. 4.15.Cone of Silence Pursuant to Hillsborough County Code of Ordinances and Laws,Part A,Chapter 2,Article VI,Division 3,there shall be a Cone of Silence for all procurement solicitations issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County's procurement and protest process.The Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end on the date the Contract is awarded by the County or the date the procurement solicitation is canceled by the County.Unless otherwise provided for in Hillsborough Code of Ordinances and Laws,Part A,Chapter 2,Article CountyP VI, Division 3,during the time period the Cone of Silence is in effect,no Offeror,interested party and/or their principals,officers,employees,attorneys or agents shall communicate with County employees,the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners,including their aides and employees regarding a procurement solicitation and/or its related protest.The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County Department issuing the procurement solicitation,County staff listed as contacts in the procurement solicitation,or the attorney in the County Attorney's Hillsborough County Board of County Commissioners Page 43 of 61 611 Contract Terms and Conditions 222209954,0 office that is directly responsible for the applicable procurement solicitation(this information can be obtained by contacting the County staff person listed as the contact in the applicable procurement solicitation).A violation of the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material. 4.16.Deviations Bidder's/Proposer's Offer must state all deviations to the exact requirements imposed upon the Bidder/Proposer. Such deviations must be stated upon the Bidder's/Proposer's Offer form;otherwise,the County may consider Bidder' s/Proposer's Offer as being made in strict compliance with the requirements of this Solicitation Document.The County reserves the right to accept or reject any and all Offers,or separable portions thereof,and to waive any minor irregularity,technicality,or omission if doing so will serve the County's best interest.Only Offers which conform in all material respects to this Solicitation Document will be accepted.The County may reject any Offer not submitted in the manner specified by this Solicitation Document. 4.17.Drug Free Workplace Program Pursuant to Section 287.087,Florida Statutes,Bidders/Proposers may submit with their Offers a certificate certifying that they have implemented a drug free workplace program.If two or more Offers are equal in price, quality,and service,preference will be given in the award process to the Bidder/Proposer who has furnished such certification with its Offer.A copy of the Drug-Free Workplace Form is attached to this solicitation and is also available from the Procurement Services Department website at: http://www.hillsboroughcounty.org/procurement 4.18.Electronic Payment Solutions a)ePayables.The County has an ePayables electronic payment solution where the Offeror may choose to be paid by a VISA credit card account.If the Offeror requests to participate in the County's ePayables electronic payment solution,the Offeror should indicate its acceptance in its Offer.If the Offeror has indicated that it will accept the County's VISA credit card for payment,then the Offeror will be required to sign an ePayables Enrollment Form after the Contract has been awarded.The Offeror must have the capacity to accommodate/accept VISA credit card payments in order to participate in the County's ePayables electronic payment solution.ePayables payments will be processed via a credit card and merchant services fees will apply.Merchant services fees are determined by the vendor's agreement with their Merchant Bank.Fees are generally up to three percent(3%). b)Automated Clearing House(ACH).The County has an ACH payment solution where the Offeror may choose to be paid with direct deposit.If the Offeror requests to participate in the County's ACH electronic payment solution, the Offeror should indicate its acceptance in its Offer.If the Offeror has indicated that it will accept the County's ACH for payment,then the Offeror will be required to sign a Direct Deposit Authorization Form after the Contract has been awarded. c)For more information on both Electronic Payment Solutions,go to: www.hcflgov.netlen/businesses/doing-business-with-hillsborough/vendors/vendor-forms-and-documents 4.19.Equipment Demonstration Hillsborough County Board of County Commissioners Page 44 of 61 612 Contract Terms and Conditions 222209954,0 Prior to the Award of this Solicitation Document,the County reserves the right to require a demonstration of equipment as proposed in Bidder's/Proposer's Offer.Each Bidder/Proposer shall be prepared to schedule a demonstration of the type of equipment proposed at a time and location mutually agreeable to the Bidder/Proposer and the County.The location should be within reasonable traveling distance from the County,and the County shall be responsible for the travel expenses of its County staff members attending such demonstration.Equipment demonstration may be of Bidder/Proposer-owned equipment or third-party-owned equipment.Failure on the Bidder's/Proposer's part to provide the equipment demonstration as described may result in the rejection of its Offer and/or suspension from consideration for award of bids,proposals,or contracts with the County for a period of up to twenty-four(24)months. 4.20.Execution of Written Agreement Within ten(10)Days of the Notice of Award,the Successful Bidder/Proposer will be required to sign a written Agreement if one has been made a part of this Solicitation Document and identified as the"Agreement". 4.21.Facilities Inspection Prior to the award of this Solicitation Document,the County reserves the right to inspect the Bidder's/Proposer's facility and place of business to determine that the Bidder/Proposer has a regular,bona fide established business that is presently an on-going concern and is likely to continue as such,and is capable of providing the products and/or services,including any later warranty service,or replacement parts support as may be required. 4.22.Hillsborough County Business Tax All Offerors are required to comply with Hillsborough County Code of Ordinances and Laws,Part A,Chapter 46, Article III,as may be amended in the future.Failure of an Offeror to comply with such regulation shall not be a basis to protest the County's award of the Contract;instead,any reported failure of an Offeror to comply with these regulations will be referred to the Hillsborough County Tax Collector. 4.23.Inspection of Samples After the Bid Submittal Deadline/Close Date,the County reserves the right to review and inspect representative samples of the products/goods being proposed by the apparent lowest responsive Bidder/Proposer.Within ten(10) Business Days of receiving a request from the County,Bidder/Proposer shall provide the County with samples of each item requested for the purpose of the County conducting a quality test or comparison without cost to the County.At the County's option,this inspection may take place locally,at the Bidder's/Proposer's place of business or at a location selected by the County.The County will not be responsible for shipping or other expenses incurred by the Bidder/Proposer in the qualification of its products or company.The County makes no guarantee that samples will be returned;however,samples not destroyed in testing may be available for return upon request(at the Bidder' s/Proposer's expense)after testing is completed and after award of the Contract.Failure to provide the samples described above may result in the rejection of Bidder's/Proposer's Offer and/or suspension of Bidder/Proposer from bidding/proposing on County procurements. 4.24.Licensing Bidder/Proposer shall be properly licensed for the appropriate category of Work specified in this Solicitation Hillsborough County Board of County Commissioners Page 45 of 61 613 Contract Terms and Conditions 222209954,0 Document.All Bidders/Proposers are requested to submit any required license(s)with their Offers.License(s)must be effective as of the Bid Submittal Deadline/Close Date and must be maintained throughout the Contract Period. Failure to be properly licensed as stated above will result in the rejection of the Offer as non-responsive. 4.25.Modification and/or Withdrawal of Offer Prior to Close Date Prior to the Bid Submittal Deadline/Close Date,Offers may be withdrawn upon written request signed by the Bidder/Proposer and submitted and/or postmarked to the County prior to the Bid Submittal Deadline/Close Date. Withdrawn Offers will not be returned to the Bidder/Proposer.Except as specifically provided for herein, Bidders/Proposers may not modify their Offers after the specified Bid Submittal Deadline/Close Date.Negligence on the part of the Bidder/Proposer in preparing its Offer confers no right of withdrawal or modification of its Offer after such Offer has been opened by County staff at the specified time and place.Bidders/Proposers may not withdraw or modify their Offers after the Bid Submittal Deadline/Close Date. 4.26.No Assignment of Offers Bidder/Proposer may not assign or otherwise transfer its Offer prior to or after the Bid Submittal Deadline/Close Date. 4.27.Obtaining Clarification and/or Additional Information Bidders/Proposers are instructed not to contact County employees regarding this Solicitation Document with the exception of employees of the Procurement Services Department.Potential Bidders/Proposers requesting clarification or additional information should contact the Procurement Services Department at the address/telephone/fax numbers or e-mail address listed in this Solicitation Document. 4.28.Public Entity Crimes Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer,or reply on a contract to provide any goods or services to a public entity;may not submit an offer,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit offers,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of thirty-six(36)months following the date of being placed on the convicted vendor list.Additionally,pursuant to County policy,a conviction of a public entity crime may cause the rejection of an Offer.The County may make inquiries regarding alleged convictions of public entity crimes.The unreasonable failure of a Bidder/Proposer to promptly supply information in connection with an inquiry may be grounds for rejection of an Offer. 4.29.Requested Information and Descriptive Literature Bidder/Proposer must furnish all requested information in the spaces provided within this Solicitation Document. Additionally,where required,Bidders/Proposers must attach cuts,sketches,descriptive literature and/or complete specifications relating to the items proposed in the Bidder's/Proposer's Offer. Hillsborough County Board of County Commissioners Page 46 of 61 614 Contract Terms and Conditions 222209954,0 4.30.Responsibility Survey The apparent low Offeror will be so notified by County staff and may be required,upon receiving such notice,to complete and return the Responsibility Survey form as identified within the attachments and provide all information and documentation requested therein within five(5)Business Days.If,after reviewing the Responsibility Survey and accompanying submissions,the County elects to reject the apparent low Offeror based on its responsibility evaluation,the County may perform the same responsibility evaluation,in succession,with each apparent next lowest Offeror until a contract is awarded to a suitable candidate or withdrawn. 4.31.Submittal Deadline Offeror must submit its Offer prior to the time specified in the Close Date.Late Offers will not be accepted. 4.32.Taxes State sales and Federal Excise taxes shall not be included in the Bidder's/Proposer's Offer,as Hillsborough County is tax exempt.The Director of Procurement Services will sign exemption certificates submitted by the Bidder/Proposer. 4.33.Time Period Offer is Valid Offeror's Offer shall be in force for a period of not less than ninety(90)Days after the Close Date.Further,said Offer shall continue in force after said ninety(90)Day period,until thirty(30)Days following the date of receipt by County of written notice from the Offeror of its intent to withdraw its Offer,or until the date specified in said written notice as the expiration date of the Offer,whichever is later.The aforementioned time periods will remain in effect irrespective of whether an award has been made by the County.Notwithstanding the provisions of the preceding sentence,the Offeror may extend its Offer at any time prior to the scheduled expiration thereof. 4.34.Unbalanced Offers and/or Excessive Line Item Prices The County reserves the right to reject any Offer in which unit prices,in the sole opinion of the County,are unbalanced.In addition,where the County has decided to award this Solicitation Document,it further reserves the right not to utilize a particular line item that,in the sole opinion of the County,is excessively priced,and reserves the right to obtain that item from another source. 5.General Terms and Conditions 5.1.Applicable Law Unless otherwise specified,this Contract,including,but not limited to,the interpretation,bidding,award,execution and implementation thereof,shall be governed by the laws,rules,and regulations of the State of Florida. 5.2.Changes in the Work/Change Orders/Modifications Hillsborough County Board of County Commissioners Page 47 of 61 615 Contract Terms and Conditions 222209954,0 a)All additions,deletions,or revisions to the Contract shall be valid and enforceable only when authorized by a written Change Order or a written Modification Agreement executed by the Contractor and the County.Only upon receipt of a Change Order or Modification Agreement shall the Contractor be authorized to proceed with the Work involved.All such Work shall be executed under the applicable terms and conditions contained in the Contract Documents. b)Additional Work performed by the Contractor without the authorization of a Change Order or Modification Agreement will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided for herein.The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. c)It is the Contractor's responsibility to notify its Surety of any changes affecting the general scope of the Work/Services or change of the Contract Price,and the amount of the applicable Bond(s)shall be adjusted accordingly. 5.3.Contractor Must Use E-Verify,Must Have Legally Authorized Workforce& Utilize IMAGE Best Practices a)E-Verify i) Pursuant to Florida Statutes Section 448.095, the Contractor (and its Subcontractors) are required to utilize the United States Department of Homeland Security's (DHS) E-Verify system for all newly hired employees. The E-Verify system is an Internet-based system operated by DHS that allows participating employers to electronically verify the employment eligibility of newly hired employees. Accordingly,by submitting its Offer,the Contractor represents and warrants that it is registered with, and uses,the E-Verify system for all newly hired employees. ii) Pursuant to Florida Statutes Section 448.095,the Contractor must obtain an affidavit from its Subcontractors stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor is required to maintain a copy of such affidavit for the duration of the Contract Period and shall provide the County with a copy of such affidavit within three(3)Business Days of the County's request for said affidavit. iii) Contractor is advised that pursuant to Florida Statutes Section 448.095,the County is required to terminate this Contract if it has a good faith belief that the Contractor knowingly violated Florida Statutes Section 448.09(1);whereupon,the Contractor will not be eligible for award of a public contract for at least one(1)year from the date of such termination. iv) Contractor is advised that pursuant to Florida Statutes Section 448.095, if the County has a good faith belief that a Subcontractor knowingly violated Florida Statutes Section 448.095(2)(but that the Contractor has otherwise complied with said Florida Statute),that the County is required to promptly notify the Contractor of such violation and order the Contractor to immediately terminate its contract with the applicable Subcontractor. b)Legally Authorized Workforce Hillsborough County Board of County Commissioners Page 48 of 61 616 Contract Terms and Conditions 222209954,0 i) Contractor is advised that the County has entered into an agreement(the IMAGE Agreement)with U.S. Immigration and Customs Enforcement(ICE)wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE. Accordingly,by submitting its Offer,Contractor represents and warrants: aa) that Contractor is in compliance with all applicable Federal, State and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee's eligibility to work in the United States; bb) that all of Contractor's employees are legally eligible to work in the United States;and cc) that the Contractor has actively and affirmatively verified such eligibility utilizing the E-Verify system and/or the Federal Government's Employment Eligibility Verification Form (the Form I-9). ii)A mere allegation of Contractor's intent to use and/or current use of unauthorized workers may not be a basis to delay the County's award of a Contract to the Contractor unless the County has a good faith belief that the Contractor knowingly violated Florida Statutes Section 448.09(1) or such allegation has been determined to be factual by ICE prior to the date the Contract is scheduled to be awarded by the County. iii)Good faith claims/beliefs of the Contractor's use of unauthorized workers must be reported to both of the following agencies: The County's Compliance Services hotline at (813) 272-6554; and ICE (Immigration and Customs Enforcement)at 1-866-DHS-2-ICE(1-866-347-2423). c)IMAGE Best Practices Contractor is required to incorporate the following IMAGE Best Practices into its business and, when practicable,incorporate verification requirements into its agreements with Subcontractors: i)Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires. ii)Use the Social Security Number Verification Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce. Establish a written hiring and employment eligibility verification policy. iii)Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not be limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E-Verify and the Social Security Number Verification Service. iv)Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employee's verification to minimize the potential for a single individual to subvert the process. Hillsborough County Board of County Commissioners Page 49 of 61 617 Contract Terms and Conditions 222209954,0 v)Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process. vi)Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process. vii)Establish a program to assess subcontractors' compliance with employment eligibility verification requirements.Encourage contractors to incorporate the IMAGE Best Practices contained in this paragraph and,when practicable,incorporate the verification requirements in Subcontractor agreements. viii)Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agency's information and the information provided by the employer or employee;for example,"no match"letters received from the Social Security Administration. ix)Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activity relating to the employment of unauthorized workers,and a protocol for responding to employee tips. x)Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring,firing,recruitment or referral for a fee because of citizenship status or national origin. (xi)Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires. 5.4.Contractor Use of Hillsborough County For Marketing Prohibited The Contractor shall in no way use any statements,whether written or oral,made by the County's employees to market,sell,promote or highlight the Contractor and/or the Contractor's product(s)and/or service(s)unless authorized to do so,in writing,by the County Administrator or his/her designee.In addition,the Contractor shall not use subjective or perceived interpretations,even if factual,regarding the County's opinion of the Contractor's performance,product(s)and/or service(s)in any document,article,publication or press release designed to market, promote or highlight the Contractor and/or the Contractor's product(s)and/or service(s).This does not prevent the Contractor from including the County on its client lists and/or listing or using the County as a reference. 5.5.Contractor's Responsibilities The,Contractor will give all notices and comply with all laws,ordinances,rules and regulations applicable to the Work and/or Project.If the Contractor observes that the Specifications are at variance with such laws,ordinances, rules or regulations,then the Contractor will give the County prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate Change Order,Unilateral Change Order or Modification Agreement to the Contract.If the Contractor performs any Work knowing that such Work is contrary to such laws,ordinances, rules and regulations and without giving such notice to the County,the Contractor will bear all costs arising Hillsborough County Board of County Commissioners Page 50 of 61 618 Contract Terms and Conditions 222209954,0 therefrom;however,it shall not be the Contractor's primary responsibility to ensure that the Specifications are in accordance with such laws,ordinances,rules and regulations. 5.6.County as Intended Beneficiary of Subcontracts The County shall be an intended substantial beneficiary of the written agreements between the Contractor and its subcontractors. 5.7.Emergencies In emergencies affecting the safety of persons,the Work/Project or property at the site of such Work/Project or adjacent thereto,the Contractor,without special instruction or authorization from the County,is obligated to act at the Contractor's discretion to prevent threatened damage,injury or loss. The Contractor shall give the County prompt written notice of any significant changes in the Work/Project or deviations from the Contract Documents caused thereby,and a Change Order,Unilateral Change Order or Modification Agreement shall be issued covering the changes and deviations involved.If the Contractor believes that additional work done by it in an emergency which arose from causes beyond the Contractor's control entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time,the Contractor may make a claim for the same.Such increase in Contract Price and/or extension of the Contract Time will be included in the Change Order,Unilateral Change Order or Modification Agreement if such claim is approved by the County. 5.8.Failure to Perform If,during the Contract Period,the Contractor should refuse or otherwise fail to perform any of its obligations under the Contract,the County reserves the right to: a)Obtain the goods,Services and/or Work from another contractor;and/or b)Terminate the Contract;and/or c)Suspend/debar the Contractor from bidding on County solicitation documents for a period of up to twenty-four (24)months;and/or d)Pursue any and all other remedies available to the County. 5.9.Fiscal Non-Funding/Availability of Funding The award of this Solicitation Document is contingent upon the availability of funding.Furthermore,if funding during the Contract Period becomes unavailable,the County reserves the right to terminate the Contract after providing the Contractor no less than twenty-four(24)hours written notice,provided that,the County will pay the Contractor for any authorized goods and/or Services provided prior to the Contractor's receipt of said termination notice.The County shall be the final authority as to the availability of funds. 5.10.Force Majeure The Contract Time may be extended in an amount equal to time lost due to delays beyond the control of the Contractor.Such delays shall include,but is not limited to,acts or neglect by the County or to fires,floods,labor disputes,epidemics,abnormal weather conditions or acts of God.In order to receive an extension of the Contract Hillsborough County Board of County Commissioners Page 51 of 61 619 Contract Terms and Conditions 222209954,0 Time due to a force majeure event,the Contractor is required to make a claim of force majeure to the County and such claim must be approved by the County. 5.11.Hand Sanitizer Ordinance Hand Sanitizer Ordinance;Hillsborough County,Florida-Code of Ordinances and Laws,Part A,Chapter 28, Article III.(This provision shall be applicable only if the Services and/or Work to be performed under this Contract will involve and/or require the use of portable restrooms.)Pursuant to Hillsborough County Ordinance; Hillsborough County,Florida-Code of Ordinances and Laws,Part A,Chapter 28,Article III(Hand Sanitizer Ordinance),as amended,every portable restroom in service in Hillsborough County which does not have a hand washing facility located within the portable restroom must have an operable hand sanitizer dispenser containing sanitation liquid affixed to the inside of the portable restroom or immediately adjacent to the portable restroom.The Contractor is solely responsible for ensuring that any and all portable restrooms owned or leased by the Contractor are in compliance with the ordinance. 5.12.Equal Employment Opportunity;Non-Discrimination Clause During the performance of this Contract,the Contractor shall comply with the following: (a) Hillsborough County (i) Hillsborough County Human Rights Ordinance, Hillsborough County Code of Ordinances and Laws,Part A,Chapter 30,Article II,as amended, prohibits discrimination on the basis of race, color, sex, age, religion, national origin, disability, marital status, sexual orientation, or gender identity or expression, in apprenticeships,training programs, employment, public accommodations, real estate transactions and practices, County contracting and procurement activities, and credit extension practices. (ii) Hillsborough County Home Rule Charter, Article IX, Section 9.11, as amended, provides that the County shall not deprive any person of any right because of race, sex, age, national origin, religion, disability or political affiliation. Printed in Hillsborough County Code of Ordinances and Laws,Part A. (b) State of Florida (i) Florida Constitution,Preamble and Article I, section 2 protect citizens from being deprived of inalienable rights because of gender,race,religion,national origin,or physical disability. (ii) Florida Statutes section 112.042,requires nondiscrimination in employment by counties and municipalities,on the basis of race,color,national origin,sex,handicap,or religion. (iii) Florida Statutes section 112.043,prohibits age discrimination in employment. (iv) Florida Statutes section 413.08, provides for rights of an individual with a disability and prohibits discrimination against persons with disabilities in employment and housing accommodations. (v) Florida Statutes section 448.07,prohibits wage rate discrimination on the basis of sex. (vi) Florida Civil Rights Act of 1992,Florida Statutes sections 760.01 -760.11,as amended. (vii) Florida Statutes section 509.092,prohibits refusing access to public lodging on the basis of Hillsborough County Board of County Commissioners Page 52 of 61 620 Contract Terms and Conditions 222209954,0 race,creed,color,sex,physical disability,or national origin (viii) Florida Statutes section 725.07,prohibits discrimination on the basis of sex,marital status or race in loaning money,granting credit or providing equal pay for services performed. (ix) Florida Fair Housing Act,Florida Statutes sections 760.20-760.37. (x) Florida Statutes section 760.40, provides for the confidentiality of genetic testing and requires informed consent prior to such testing. (xi) Florida Statutes section 760.50,prohibits discrimination on the basis of AIDS,AIDS-related complex,and HIV. (xii) Florida Statutes section 760.51,provides for remedies and civil penalties for violations of civil rights. (xiii)Florida Statutes section 760.60,prohibits discriminatory practices of certain clubs. (xiv) Florida Statutes section 760.80, provides for minority representation on boards, commissions,council,and committees. (c) Federal (i) Section I of the Fourteenth Amendment to the United States Constitution,U.S. Const. amend.XIV, section 1. (ii) Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d et seq. (iii) Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended by the Equal Employment Opportunity Acts of 1972 and 1975,the Civil Rights Act of 1991, P.L. 102-166, 105 Stat.1071,and the Lilly Ledbetter Fair Pay Act of 2009,P.L. 111-2, 123 Stat.5. (iv) Civil Rights Acts of 1866 and the Enforcement Act of 1870, 14 Stat.27 and 16 Stat. 140,42 U.S.C. section 1981. (v) Title VIII of the Civil Rights Act of 1968, Fair Housing Act, P.L. 90-284, 82 Stat. 73, 42 U.S.C. 3601 et seq. (vi) Civil Rights Restoration Act of 1987,P.L. 100-259, 102 Stat.28. (vii) Civil Rights Act of 1991,P.L. 102-166, 105 Stat. 1071. (viii) Civil Rights Act of 1968,Fair Housing Act,P.L.90-284,82 Stat.73,42 U.S.C.3601 et seq. (ix) Equal Opportunity Regulations,41 CFR section 60-1.4,as amended. (x) Standards for a Merit System of Personnel Administration,5 CFR section 900.601 et seq. (xi) Executive Order 11246,Equal Employment Opportunity, and its implementing regulations,41 CFR Chapter 60. (xii) Rehabilitation Act of 1973,P.L.93-112,87 Stat.355,as amended. (xiii) Executive Order 12250,Leadership and Coordination of Nondiscrimination Laws. (xiv) Age Discrimination in Employment Act of 1967, 29 U.S.C. section 621 et seq., P.L. 90-202, as amended. (xv) Age Discrimination Act of 1975, 42 U.S.C. section 6101 et seq., P.L. 94-135, 89 Stat. 728, as amended. (xvi) Older Americans Amendments of 1975,42 U.S.C.section 3001 et seq.,P.L.94-135,89 Stat 713. (xvii) Americans with Disabilities Act of 1990,42 U.S.C.section 12101 et seq.,as amended by the ADA Hillsborough County Board of County Commissioners Page 53 of 61 621 Contract Terms and Conditions 222209954,0 Amendments Act of 2008,P.L. 110-325, 122 Stat.3554. (xviii)Vietnam Era Veterans'Readjustment Assistance Act of 1974,38 U.S.C.section 4212,as amended. (xix) Section 14001 of Consolidated Omnibus Budget Reconciliation Act of 1985,as amended. (xx) State and Local Fiscal Assistance Act of 1972,as amended. (xxi) Office of Management and Budget Circular A-102, Grants and Cooperative Agreements with State and Local Governments,as amended. (xxii) Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,40 C.F.R.sections 5.100-5.605. (xxiii)Executive Order 13673,Fair Pay and Safe Workplaces. (d) If applicable, and required by 41 CFR 60-1.4 or other federal law or regulation, 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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Hillsborough County Board of County Commissioners Page 54 of 61 622 Contract Terms and Conditions 222209954,0 (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. (iv) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965,and 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 the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting 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 such 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 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 may be directed by the Secretary of Labor as a means of enforcing such provisions,including sanctions for noncompliance:Provided,however,that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The above are not intended to be a complete list of all applicable local, state, or federal statutes, orders, rules or regulations, as they may be amended from time to time, or added to (newly promulgated)from time to time,during the term of resulting contracts. Hillsborough County Board of County Commissioners Page 55 of 61 623 Contract Terms and Conditions 222209954,0 5.13.Indemnification a)General Liability Indemnification-with respect to any Work,Services and/or goods provided pursuant to this Contract,the Contractor shall be liable for the actions of its agents,employees,partners,or subcontractors and shall indemnify,defend,and hold harmless the County,and it officers,agents,and employees,from suits,actions, damages,and costs of every name and description,including attorneys'fees,arising from or relating to personal injury and/or damage to real or personal tangible property alleged to be caused,in whole or in part,by Contractor, its agents,employees,partners,or subcontractors,provided,however,that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the County. b)Patent and Copyright Indemnification- with respect to any Work,Services and/or goods provided pursuant to this Contract,the Contractor shall indemnify,defend,and hold harmless the County from any suits,actions, damages,and costs of every name and description,including attorneys'fees,arising from or relating to violation or infringement of trademark,copyright patent,trade secret or intellectual property right,provided,however,that the foregoing obligation shall not apply to a County's misuse or modification of Contractor's products or County's operation or use of Contractor's products in a manner not contemplated by the Contract.If any product is the subject of an infringement suit,or in the Contractor's opinion is likely to become the subject of such a suit,the Contractor may,at its sole expense,procure for the County the right to continue using the product or to modify it to become non-infringing.If the Contractor is not reasonably able to modify or otherwise secure for the County the right to continue using the product,the Contractor shall remove the product and refund the County the amounts paid in excess of a reasonable rental for past use.The County shall not be liable for any royalties. c)The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the County giving the Contractor: i)written notice of any action or threatened action; ii)the opportunity to take over and settle or defend any such action at Contractor's sole expense;and iii)assistance in defending the action at Contractor's sole expense.The Contractor shall not be liable for any cost,expense,or compromise incurred or made by the County in any legal action without the Contractor's prior written consent,which shall not be unreasonably withheld. 5.14,Injury and/or Damage Claims Should the County or the Contractor suffer injury or damage to its person or property because of any error,omission or act of the other or of any of its employees,agents or others for whose acts it is legally liable,claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 5.15.Interpretation and Intent of Contract Documents The Contract Documents are complementary;what is called for by one Contract document is as binding as if called for by all of the Contract Documents.If the Contractor finds a conflict,error or discrepancy in the Contract Documents,the Contractor must bring it to the County's attention in writing before proceeding with the Work affected thereby.In resolving such conflicts,errors and discrepancies,the Contract Documents shall be given preference in the following order: 1)Agreement,2)Amendment(s)(if applicable to this Solicitation Document),3) Specifications,4)Special Terms and Conditions,5)General Terms and Conditions,and 6)Instructions.Any Work that may reasonably be inferred from the Specifications and/or drawings/maps as being required to produce the intended result shall be supplied whether or not it is specifically called for.Work,materials or equipment described in words which,when applied,have a well-known technical or trade meaning shall be deemed to refer to such Hillsborough County Board of County Commissioners Page 56 of 61 624 Contract Terms and Conditions 222209954,0 recognized standards.In case of conflict,the more stringent requirements shall take precedence. 5.16.Laws and Regulations The Contractor is hereby advised that all applicable Federal and State laws,municipal and County ordinances,and the rules and regulations of all authorities having jurisdiction over any part of the goods,Services and/or Work provided under this Contract shall be deemed to be a part of this Contract. 5.17.Legally Required Statement and Provisions Regarding Access to Records for Services Contracts The Parties acknowledge and agree that the statement and provisions below are required by Florida Statute to be included in this contract for services. The inclusion of this statement and provisions below shall not be construed to imply that the Contractor/Service Provider has been delegated any governmental decision-making authority, governmental responsibility or governmental function or that the Contractor/Service Provider is acting on behalf of the County as provided under Section 119.011(2),Florida Statutes,or that the statement or provisions are otherwise applicable to the Contractor/Service Provider. As stated below,the Contractor/Service Provider may contact the County's Custodian of Public Records with questions regarding the application of the Public Records Law;however, the Contractor/Service Provider is advised to seek independent legal counsel as to its legal obligations. The County cannot provide the Contractor/Service Provider advice regarding its legal rights or obligations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'SDUTY U TY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: i)813-272-5790, ii)StromerS@HCFLGov.net, iii)Procurement Services,601 E.Kennedy Blvd.,25th Floor,Tampa,Florida 33602. If under this Contract,the Contractor is providing services and is acting on behalf of the County as provided under Section 119.011(2),Florida Statutes,the Contractor will comply with public records law,and agrees to: i)Keep and maintain public records required by the County to perform the services. ii)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 Florida Statutes or as otherwise provided by law. iii)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. iv)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 County's custodian of public records,in a format that is compatible with the information technology systems of the County. Failure of the Contractor to comply with Chapter 119,Florida Statutes,and/or the provisions set forth above,where applicable,shall be grounds for immediate unilateral termination of this Contract by the County. Hillsborough County Board of County Commissioners Page 57 of 61 625 Contract Terms and Conditions 222209954,0 5.18.Maintenance of Records/Public Records Law a)In accordance with Chapter 119,Florida Statutes,and,except as may be provided by other applicable State and Federal laws,all Bidders/Proposers should be aware that this Solicitation Document and all Offers are in the public domain and are available for public inspection.Bidders/Proposers are requested,however,to identify specifically any information contained in their Offers which they consider confidential and/or proprietary,inclusive of trade secrets as defined in s.812.081,Florida Statutes,and which they believe to be exempt from disclosure,citing specifically the applicable exempting law and including narrative explaining the applicable legal exemption as it relates specifically to Bidder's/Proposer's confidential and/or proprietary information. b)All Offers received in response to this Solicitation Document will become the property of the County and will not be returned.In the event of an award,all documentation produced as part of the Contract will become the exclusive property of the County. c)All materials that qualify for exemption from Chapter 119,Florida Statutes,or other applicable law must be submitted in an attachment or in a separate envelope,clearly identified as"EXEMPT FROM PUBLIC DISCLOSURE"with Bidder's/Proposer's name and the Solicitation Document number marked on the outside. d)The County will not accept Offers when the entire Offer is labeled as exempt from public disclosure. e)Be aware that the designation of an item as exempt from public disclosure by a Bidder/Proposer may be challenged in court by any person or entity.By designation of material in the Offer as exempt from public disclosure,Bidder/Proposer agrees to defend the County(and its employees,agents and elected and appointed officials)against all claims and actions(whether or not a lawsuit is commenced)related to Bidder's/Proposer's designation of material as exempt from public disclosure and to hold harmless the County(and its employees,agents and elected and appointed officials)from any award to a plaintiff for damages,costs and attorneys'fees,incurred by the County by reason of any claim or action related to Bidder's/Proposer's designation of material as exempt from public disclosure. 5.19.No Assignment of Contract The Contractor may not make any assignment of the resulting Contract between the County and the Contractor,in whole or in part,without the prior written authorization of the County.Failure to obtain prior written authorization of the.County will result in a delay of payment(s)at a minimum and may result in termination for breach of contract. 5.20.Non-Exclusive Contract Award of this Contract shall impose no obligation on the County to utilize the Successful Bidder/Proposer for all Services and/or Work of this type,which may develop during the Contract Period.This is not an exclusive Contract. The County specifically reserves the right to concurrently contract with other companies for similar Services and/or Work if it deems such action to be in the County's best interest. 5.21.Notices to Contractor Notices to the Contractor shall be served upon the Contractor by electronic mail(e-mail),facsimile,U.S.mail,hand delivery,courier delivery,or express mail delivery of said notice to the Contractor's residence,place of business and/or with the Contractor's designated agent. 5.22.Notices to the County Hillsborough County Board of County Commissioners Page 58 of 61 626 Contract Terms and Conditions 222209954,0 Contact information(County's Project Manager)will be provided to the Contractor with the initial Blanket Purchase Agreement(BPA),Contract Purchase Agreement(CPA),and/or Standard Purchase Order(SPO). 5.23.Payment and Completion a)The Project Manager,within fifteen(15)Days of receipt of each invoice will either approve or reject the invoice. If the Project Manager rejects the invoice,then the invoice will be returned to the Contractor and will state,in writing,the reason for rejecting the invoice.In the event the Contractor receives a rejected invoice,the Contractor may make the necessary corrections and resubmit the invoice to the Project Manager.Within thirty(30)Days of approval of an invoice for payment,the County will pay the Contractor the amount approved. b)The Project Manager's approval of any payment requested in an invoice shall constitute a representation by the Project Manager to the County that the conditions precedent to the Contractor being entitled to payment as set forth herein have been fulfilled. c)The Project Manager's approval of final payment shall constitute an additional representation by him/her to the County that the conditions precedent to the Contractor's being entitled to final payment as set forth herein have been satisfied. d)The Project Manager may refuse to approve,in whole,or in part,an invoice if,in his/her opinion,he/she is unable to make the representation to the County that all the conditions precedent to the Contractor being entitled to payment have been satisfied.The Project Manager may also refuse to approve any such payment,or,because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any previous approval of such payment, to such extent as may be necessary in his/her opinion to protect the County from loss because: i)The Work is defective; ii)Claims have been filed or there is reasonable evidence indicating the probable filing thereof;or iii)The Contract Price has been reduced because of Change Order,Unilateral Change Order or Modification Agreement. e)As established by Florida Statute 218.74(2)payment for the purchase or lease of goods and services shall be made within forty-five(45)Days after the date a proper invoice is presented for payment to the County's Finance Department,Clerk of the Circuit Court,as Accountant to the Board of County Commissioners and as Chief Disbursement Officer. 5.24.Payment to Contractor by Electronic Payment Solution a)ePayables:If the Contractor is enrolled in the County's ePayables electronic payment solution,all payments will be made using the ePayables electronic payment solution.The Contractor will be issued a VISA credit card account number with zero($0)available funds until an invoice is approved by the County for payment.Once the County has approved payment,an electronic remittance advice will be sent to the Contractor via e-mail or fax along with approval for the Contractor to charge the VISA credit card account for that amount.The Contractor will only have the ability to charge up to the monetary limit available to the account.ePayables payments will be processed via a credit card and merchant services fees will apply. Merchant services fees are determined by the vendor's agreement with their Merchant Bank.Fees are generally up to 3%. b)Once the Contractor is enrolled in ePayables electronic payment solution and then requests to opt out,the Contractor will not be eligible to re-enroll in ePayables for a minimum of twelve(12)months. c)ACH(Direct Deposit):If the Contractor is enrolled in the County's ACH electronic payment solution,all payments will be made using the direct deposit.The Contractor's bank account information will remain confidential Hillsborough County Board of County Commissioners Page 59 of 61 627 Contract Terms and Conditions 222209954,0 to the extent provided by law and necessary to make direct deposit payments. Once the County has approved payment,an electronic remittance advice will be sent to the Contractor via e-mail. 5.25.Payment to Subcontractors By submission of an invoice,the Contractor certifies that all subcontractors and suppliers have been paid for work and materials from previous progress payments received(less any retainage)by the Contractor prior to receipt of any further progress payments.During the Contract Period and upon completion of the Contract,the County may request documentation to certify payment to subcontractors and/or suppliers.This provision in no way creates any contractual relationship between any subcontractor and the County or any liability on the County for the Contractor's failure to make timely payment to the subcontractors and/or suppliers. 5.26.Performance Standards and Product Quality In the event the Specifications omit details concerning performance standards and/or product quality,the Contractor shall use only the best commercial practices and/or materials and workmanship of the highest quality when performing this Contract. 5.27.Project Manager's Status a)County's Representatives:The Project Manager shall be the County's representative during the Contract Period. The duties,responsibilities and the limitations of authority of the Project Manager during the Contract Period are set forth in this section and shall not be extended without the written consent of the County's Board of County Commissioners or designee. b)Rejecting Defective Work:The Project Manager will have the authority to disapprove or reject Work which is "defective"(which term is hereinafter used to describe Work that is unsatisfactory,faulty or defective and/or does not conform to the requirements of any inspection,test or approval).The Project Manager will also have the authority to require special inspection or testing of the Work. 5.28.Severability In the event any section,sentence,clause or provision of this Contract is held to be invalid,illegal or unenforceable by a court having jurisdiction over the matter,the remainder of this Contract shall not be affected by such determination and shall remain in full force and effect. 5.29.Solid Waste Collection and Disposal Solid Waste Collection and Disposal;Hillsborough County,Florida-Code of Ordinances and Laws,Part B,Public Utilities,Chapter 130,Article II.(This provision shall be applicable only if the Services and/or Work to be performed under this Contract will involve and/or require the Contractor to remove or dispose of solid waste.) Pursuant to Hillsborough County,Florida-Code of Ordinances and Laws,Part B,Public Utilities,Chapter 130, Article H(Solid Waste Collection and Disposal),as amended,all solid waste accumulated as a result of this Contract that the Contractor is required to remove and dispose of,and which the Contractor chooses not to self haul,shall be removed and disposed of by one of the three authorized Hillsborough County solid waste franchise collectors.For a Hillsborough County Board of County Commissioners Page 60 of 61 628 Contract Terms and Conditions 222209954,0 list of the authorized franchise collectors,please contact the Public Works Department/Solid Waste Division at 813-272-5680.The use of any other company or entity for the collection and disposal of solid waste in the Hillsborough County solid waste service area may be a violation of Chapter 130,Hillsborough County, Florida Code of Ordinances and Laws,Part B,Public Utilities,as amended. 5.30.Starting The Work The Contractor will start the Work and/or Project on the date determined by the County in its Purchase Order or Notice to Proceed. 5.31.Statement of Assurance During the performance of this Contract,the Contractor herein assures the County,that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act,as amended,and the Florida Human Rights Act of 1977 in that the Contractor does not on the grounds of race,color national origin,religion,sex,age,disability or marital status,discriminate in any form or manner against said Contractor's employees or applicants for employment.The Contractor understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance. Furthermore,the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s)is/are involved.This Statement of Assurance shall include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. 5.32.Suspension of Work Upon seven(7)Days written notice to the Contractor,the County may,without cause and without prejudice to any other right or remedy,elect to abandon the Work and/or Project and terminate this Contract.In such case the Contractor shall be paid for all Work executed and/or goods delivered to and accepted by the County. 5.33.Termination for Contractor Engaging in Business Operations in Cuba or Syria and Termination for Contractor Being on the Scrutinized Companies Lists Set Forth in Florida Statutes,Section 287.135 Contractor is advised that Section 287.135,Florida Statutes,prohibits agencies and governmental entities from contracting with a company for goods and/or services of One Million Dollars($1,000,000)or more if such company (i)is engaged in business operations in Cuba or Syria,(ii)is on the Scrutinized Companies that Boycott Israel List (created pursuant to Florida Statutes,Section 215.4725),(iii)is on the Scrutinized Companies with Activities in Sudan List(created pursuant to Florida Statutes,Section 215.473),or(iv)is on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List(created pursuant to Florida Statutes,Section 215.473). The County reserves the right to terminate the Contract if the County discovers that the Contractor has submitted a false certification regarding the Contractor's business operations in Cuba or Syria and/or the Contractor's presence on the Scrutinized Companies that Boycott Israel List,the Scrutinized Companies with Activities in Sudan List,and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List(hereinafter referred to collectively as the"Scrutinized Companies Lists"). In addition,the County reserves the right to terminate the Contract if,prior to the award of the Contract or during the Contract Period,the Contractor engages in business operations in Cuba or Syria and/or the Contractor has been placed on one or more of the Scrutinized Companies Lists. Hillsborough County Board of County Commissioners Page 61 of 61 629 CUS ecology EXHIBIT B Collection of Household Hazardous Waste—Additional Charges Mobilization$4,550.00/event • Includes 1 van trailers, 1 Roll-off, 1 pick-up truck, crew mobilization and fuel/mileage Disposal • Paint in Cans$1,090.00/CYB • Non-Regulated Liquids(Latex) $360.00/CYB • Latex Paint$1,500.00/Roll-off box Materials/Supplies • Cubic Yard Box(Gaylord)w/Liner$70.00 each • Vermiculite(Bag) $30.00 each • Light Tube Boxes$12.00 each June6t..e