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09/13/2022
o��vER c� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th 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.B. INVOCATION Rev. Kaaren Anderson, Unitarian Universalist Fellowship of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Lieutenant Fire Inspector Sandra Seeley Upon Her Retirement From Indian River County Department Of Emergency Services Fire Prevention Bureau Attachments: Proclamation 5.B. Proclamation Designating the Month of September 2022 As "Hunger Action Month" Attachments: Proclamation September 13, 2022 Page 1 of 9 5.C. Presentation of Proclamation Designating September, 2022 As National Suicide Prevention Awareness Month Attachments: Proclamation 5.D. Presentation of the 2022 Outstanding Coordinating Board of the Year Award Attachments: Staff Report 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Children Services Advisory Committee Appointment Attachments: Staff Report Email 7.B. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.C. College Gameday - September 20, 2022 Attachments: Flyer for College Gameday - September 20, 2022 8. CONSENT AGENDA 8.A. Checks and Electronic Payments July 29, 2022 to August 4, 2022 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments August 5, 2022 to August 11, 2022 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments August 12, 2022 to August 18, 2022 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments August 19, 2022 to August 25, 2022 Attachments: Finance Department Staff Report 8.E. Checks and Electronic Payments August 26, 2022 to September 1, 2022 Attachments: Finance Department Staff Report 8.F. Quarterly Investment Report for the Quarter Ending 06/30/22 Attachments: Investment Committee Report 8.G. Quarterly OPEB Trust Report for the Quarter Ending 06/30/22 Attachments: Investment Committee OPEB Report September 13, 2022 Page 2 of 9 8.H. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 06/30/22 Attachments: Traffic Education Fund Report 8.I. Subrecipient Award Contracts Attachments: Finance Department Staff Report SRA SubRecipient Grant Agreement 2022 - FINAL TCHSC Subrecipient Agreement 2022 - FINAL 8.J. County Capital Asset Inventories and Reactivation of Asset #25663 Attachments: Finance Department Staff Report 8.K. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/22 Attachments: Tourist Development Tax Report 8.L. Mutual Termination of Memorandum of Agreement with the Indian River County Health Department for Human Services Restructuring Attachments: Staff Report Termination Agreement Original MOA Ordinance 2022-007 8.M. Additional Service No. 2, Additional Civil Engineering Services Sandridge Golf Club - New Clubhouse Attachments: Staff Report Executed Agreement Additional Service #1 Additional Service #2 8.N. Approval of a License Agreement with Miss B's Learning Bees, Inc. for use of the Intergenerational Recreation Center for an Afterschool Program Attachments: Staff Report Miss B's 22-23 SY License Agreement 8.0. Miscellaneous Budget Amendment 008 Attachments: Staff Report Budget Resolution Exhibit "A" 8.P. Award of Bid 2022050 for West Wabasso Septic to Sewer Phase 3B Attachments: Staff Report Agreement September 13, 2022 Page 3 of 9 8.Q. First Extension and Second Amendment to Agreement for As Needed Motor and Pump Repair (Bid 2019056) Attachments: Staff Report First Renewal and Amendment 8.R. Declaration of Excess Equipment as Surplus and Reinstatement of Asset 23933 Attachments: Staff Report -Surplus Excess List for 091322 8.S. Award of Bid 2022061 for Fire Station 11 Remodel Attachments: Staff Report Sample Agreement 8.T. Second Extension and Modification to Bid 2020051 - Annual Bid to Furnish and Deliver Polymer Attachments: Staff Report 8.U. Authorization to Increase Blanket Purchase Order 91587 Attachments: Staff Report 8.V. Award of RFP 2022039 for Custom Address Point Editing Tool for ArcGIS Attachments: Staff Report Agreement 8.W. Final Ranking of Firms and Authorization to Negotiate for RFQ 2022064 for Professional Surveying and Mapping Services Attachments: Staff Report 8.X. Award of RFP 2022071 - Annual Maintenance of Spoonbill Marsh Constructed Wetland System Attachments: Staff Report Agreement 8.Y. Request for Release of an Easement Located at 3156 62nd Court Attachments: Staff Report Map depicting easement proposed for release Proposed County Resolution Releasing Easement 8.Z. Work Order No. 3 - CivilSury Design Group, Inc. IRC Project Number 2214 - Vero Lake Estates Master Drainage Attachments: Staff Report CivilSury Design Group, Inc., Work Order No. 3 September 13, 2022 Page 4 of 9 8.AA. Indian River County Courthouse Roof Replacement (IRC -1764) Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 8.AB. Work Order No. 54 - Kimley and Horn and Associates, Inc. 90th Avenue & Oslo Road Corridor Improvements (IRC -2215) Attachments: Staff Report Kimley-Horn Work Order 54 8.AC. Shoreline Performance Modeling, APTIM Work Order No. 2018008-04. Attachments: Staff Report APTIM Work Order No. 2018008-4 Work Order No. 2018008-4 execution form 8.AD. Approval of FY 2022/2023 and FY 2023/2024 Radiological Emergency Preparedness Agreement (REP Grant) Attachments: Staff Report FPL Agreement FY 2022-2024 IRC Grant Form 8.AE. Carryover of Unexpended Funds- FPL Agreement (REP Grant) Attachments: Staff Report Supporting Email Correspondence Current FPL Agreement 8.AF. IRCDUS Standard Construction Details & Specifications Update Attachments: Agenda -Bowman WO 8 Work Order No 8 Bowman Consulting Group LTD 8.AG. Change Order to Purchase Order 92166 for Environmental Equipment Services Attachments: Staff Report EES Proposal Quote #081022CP1 8.AH. Corrective County Deed for Right -Of -Way to Christine L. Ford for Phase II of 66th Avenue Improvements - 7825 66th Avenue, Parcel 126 Attachments: Staff Memo Corrective County Deed 8.AI. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution setting FY 2023 Fair Market Rent September 13, 2022 Page 5 of 9 8.AJ. Request from Tax Collector for Tax Roll Extension Attachments: Memorandum - Tax Collector 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie R. Swan re: Request to Roll Back Revenue Received into the FY 2021/2022 Budget Attachments: Memorandum from Supervisor of Elections Invoice Spreadsheet 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE Attachments: Staff Report Petition to Establish LP CDD Letter requesting postponement- LP CDD B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1 Public Notice of Public Hearing for September 20, 2022, to Consider a Resolution Adopting a Non -Ad Valorem Special Assessment Roll on Hospitals for the Local Provider Participation Fund Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Update Regarding the Pending Sebastian Annexation Attachments: Staff Report -Annexation Annexation Agreement Comments II.B. Ratification of Collective Bargaining Agreement Between Indian River County and Teamsters, Local Union No. 769 Effective October 1, 2022 through September 30, 2024 Attachments: Staff Report Proposed Teamsters Contract 2022-2024 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services September 13, 2022 Page 6 of 9 12.C.1 Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2022/23 Attachments: Staff Report Recommended CSAC Funding FY23 Funding Allocation FY23 D. Human Resources 12.D.1 Employee Benefits Consultant/Broker/Actuary Services - Approval of Service Agreement with Lockton Companies LLC Effective October 1, 2022 (RFP2022043) Attachments: Staff Report Svcs Agreement & Compensation Disclosure 12.D.2 Approval of Optum Agreement for the County's Stop Loss Policy Attachments: Staff Report Optum Stop Loss Application E. Information Technology F. Office of Management and Budget 12.F.1 211's Request to be Categorized as a Quasi -Nonprofit Agency Attachments: Staff Report Outside Agency Funding Policy Email from 211 Board Member G. Public Works H. Utilities Services 12.11.1 Water Quality Study and Potable Water Treatment Facility Evaluation Attachments: Staff Report Work Order No. 9 Tetra Tech, Inc. 13. COUNTY ATTORNEY MATTERS 13.A. Commercial PACE Program - 5380 US Highway 1 - Florida Green Finance Authority Attachments: Staff Report Project Specific (C -PACE) Resolution- Certus 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman September 13, 2022 Page 7 of 9 14.A.1 Canvassing Board Member and Alternate Attachments: Commissioner's Memorandum B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 14.E.1 Expression of Gratitude to IRC Fire Rescue and Vero Beach Police Department by Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1 Award of Bid 2022074 for Transportation of Recyclables to St. Lucie County Attachments: Staff Report Agreement C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircRov.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. September 13, 2022 Page 8 of 9 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. September 13, 2022 Page 9 of 9 �5 ProcCamatto'on a k HONORING LIEUTENANT FIRE INSPECTOR SANDRA SEELEY UPON THE OCCASION OF HER RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES FIRE PREVENTION BUREAU 'Whereas, on June 22, 1987, Sandra Seeley was hired by the South Indian River County Fire District as a Word Processor/Input Operator with her first employee review reflecting exemplary work and by Sept. 3, 1988 she was promoted to a Secretary 1 position; and, -Whereas, due to her documented work ethic and quality output, a new position was created and on September 29, 1989 she was promoted and became Fire Prevention's first full time assistant wherein she devised strategies that quickly enhanced workflow organization and productivity of the department; and, -Whereas, Sandra Seeley continued to learn everything about her position and on her own time and expense obtained her certifications as a Fire Inspector and on October 5, 1990 as a Firefighter, which made her the first woman to have achieved either distinction in the history of the County; and, -Whereas, on July 15, 1994 she was promoted to Fire Prevention Inspector, and by February 14, 2003 she earned the title of Lieutenant Fire Inspector in which capacity she has served until her retirement on July 31, 2022; and, '-Whereas, Sandra Seeley was lauded in review after review for being keenly aware of the goal of good customer service, for being able to provide backup for all positions within the Fire Prevention department, for being first to learn the latest techniques and computer programs and for willingly sharing her knowledge and expertise with new employees; and, ^Whereas, Sandra Seeley excelled, not only in all aspects of her career but also in giving back to the community with courage, generosity and energy in multiple ways and is best known for spending decades as the secretary/treasurer of the Vero Beach Firefighters Association as well as the office manager/treasurer for the annual Firefighters Fair which has supported our fire families, our residents and local non-profit organizations whenever and wherever needed. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Foricfa, that the Board is grateful to Sandra Seeley for being a true example of an employee who served our citizens with integrity, loyalty, commitment, compassion and pride for 35 years. Be it Further Proclaimedthat the Board of County Commissioners and staff extend their sincerest wishes for success in all her future endeavors. Adopted this 13th day of September 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 5• K PROCIAMAJIrlow DESIGNATING THE MONTH OF SEPTEMBER 2022, AS "HUNGER ACTION MONTH" -Whereas, hunger and poverty remain issues of grave concern in the United States, the State of Florida, and the Treasure Coast, with 24,552 children and adults in Indian River County now categorized as food insecure; and -Whereas, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to support efforts to serve the needs of Indian River County citizens; and ^Whereas, Indian River County is committed to working with the Treasure Coast Food Bank in educating people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and -Whereas, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, are coordinating Hunger Action Day on September 23, 2022 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in our local communities. Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida that the month of September, 2022, be designated as "Hunger Action Month" in Indian River County and the Board encourages all citizens to exercise observance. Adopted this 13th day of September, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 is. Cir PROCLAMA7!ojv DESIGNATING SEPTEMBER, 2022 AS NATIONAL SUICIDE PREVENTION AWARENESS MONTH -Whereas, September is National Suicide Prevention Awareness Month, which directs the community's attention to this public health epidemic which destroys lives, whole families and sometimes entire communities; and, ^W ereas, suicide rates on the Treasure Coast and in Okeechobee have increased significantly in the first half of 2022 according to our Medical Examiner's Office with 10 suicide deaths in Indian River County in quarter one of 2022; and, -Whereas, there were nearly two times as many suicides (45,979) in the United States as there were homicides (24,576); and, -Whereas, for every completed suicide in 2020, there were 26 attempts at suicide; and, -Whereas, suicide is the second leading cause of death for those between 10 and 34 -years -old; and the fourth leading cause for those between 35 and 54 -years -old; and, -Whereas, suicide is the only type of death that is 100% preventable; and by offering the public education, data, support, and services, we as a community have taken a step toward preventing another suicide by our residents; and, -Whereas, we are honored to be part of the healing process, raising awareness for and support of those affected by suicide by offering supporting services which address mental health illnesses and drug and alcohol addiction. Now, 7Fierefore, be it Proclaimed by the Board of County Commissioners, of Indian River County, Florida,, that September, 2022, be designated as Natian.,aC Suicide Prevention Awareness Month in the County of Indian River, Florida and the Board asks all residents to learn how they may help, because suicide prevention is everyone's business. Adopted this 13th day of September, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 3 5 ` D. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Brian Freeman, AICP; MPO Staff Director DATE: September 7, 2022 SUBJECT: Presentation of 2022 Outstanding Coordinating Board of the Year Award It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 13, 2022. DESCRIPTION & CONDITIONS On August 31, 2022, the Florida Commission for the Transportation Disadvantaged recognized Indian River County Transportation Disadvantaged Local Coordinating Board (TDLCB) as the "2022 Outstanding Coordinating Board of the Year." C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@60058927\@BCL@60058927.docx 14 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Informational Matters - B. CC 09.13.22 Oce of INDIAN RIVER COUNTY 113 1 D1 05 to] 111XVI ifrrl TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 30, 2022 SUBJECT: Children Services Advisory Committee Appointment ATTORNEY On May 17, 2022, the Indian River County Board of County Commissioners enacted Ordinance 2022-077 which among other things, modified the membership positions on the Children Services Advisory Committee (CSAC) by adding a representative for the Indian River County Hospital District on CSAC. On July 6, 2022, the County Attorney's Office received an email from the Indian River County Hospital District designating Ann Marie Suriano to serve as their member representative on CSAC. ATTACHMENT(S). • July 5 — 6, 2022 Emails DR:cm C: lGranicuslegistar5151Tem&]141741-dlfa-4a57-adc6-39db4e2cbb51.docx C Tina Cournoyer From: Ann Marie Suriano <annmarie@irchd.com> Sent: Tuesday, July 5, 2022 4:35 PM To: Dylan Reingold Cc: Jason Brown; Michael Zito; Christina Moore; kate@irchd.com Subject: Re: Children's Services Advisory Committee CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hi Dylan, Thank you for the notice. I will be the representative for the Hospital District. Keep me posted. Thanks, Ann Marie On Tue, Jul 5, 2022 at 12:01 PM Dylan Reingold <dreingold@ircgov.com> wrote: Ann Marie, Good afternoon! As you may be aware, the make-up of the Indian River County Children's Services Advisory Committee was recently modified by the Board of County Commissioners. Per the changes, the Hospital District will now have a representative on the Children's Services Advisory Committee. County staff is looking to try and work on updating the committee over the summer. So please let us know who would be the representative from the District. I would be happy to discuss. Thank you! Dylan Ann Marie Suriano, Executive Director Indian River County Hospital District 1705 19th Place, Suite G3 Vero Beach, FL 32960 772-770-0935 annmarie@irchd.com 7..�. Indian River County Venue Event Calendar For more information go to www.ircgov.com - Event Calendar 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. INTERNATIONAL COASTAL CLEANUP DAY Make a difference! Saturday, September 17 • Online registration is LIVE! for this year's event. Go to keepindianriverbeautiful.org/icc to register. ➢ Park locations include Round Island Beachside, Round Island Lagoon side, Tracking Station, Wabasso Beach Park, Wabasso Causeway, Goldensands, Treasure Shores, Ambersands and Oslo Boat Ramp. OPERATION GREEN LIGHT Sept 20 @ Indian River County Facilities ➢ Operation Green Light's mission is to show support for Veterans of all military conflicts, with a special emphasis on the Veterans of Iraq and Afghanistan, as well as raise awareness about the challenges faced by many Veterans and the resources that are available at the county, state, and federal level to assist Veterans and their families. ➢ Indian River County will join Operation Green Light and show support for veterans by lighting our buildings green from November 7 to November 13. By shining a green light, Indian River County Government and our residents will let veterans know that they are seen, appreciated and supported. COLLEGE GAME DAY Sept 20 @ Indian River County Board of County Commissioners Board Meeting ➢ Join your Indian River County Board of County Commissioners as we celebrate our local Indian River County School District's athletes who have signed letters of intent for college athletics. ➢ Wear your favorite college team's jersey or shirt in support of our athletes! 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. GOPHER TORTOISE EDUCATIONAL SERIES Wednesday, September 21 6PM @ iG Educational series highlighting facts and management for the native Florida Gopher Tortoise with Conservation Lands Management staff. ➢ Follow up site visit will take place October 8, at the North Sebastian Conservation Area at 9:00am. ➢ For additional info, contact Kim at 772-226-1788 or email at khaigler@ircgov.com NEW CLASS! WELLNESS THROUGH QIGONG Wednesdays @ iG Center starting September 21 • 11:00am-12:00pm. Cost $10 per class ➢ Join certified instructor Elaine Matthes through an amazing hour that will be sure to improve your physical and mental health. ➢ Qigong, pronounced "chi gong," was developed in China thousands of years ago as part of traditional Chinese medicine. It involves using exercises to optimize energy within the body, mind, and spirit, with the goal of improving and maintaining health and well-being. Qigong has both psychological and physical components and involves the regulation of the mind, breath, and body's movement and posture. NEW CLASS! AMERICAN MAH JONGG Thursdays @ iG Center starting September 22 • 10:00am-12:00pm. Cost $75 per student for four-week session ➢ Instructor Carol Dougherty will take students on a four-week journey through the world of American Mahjongg. This class is intended for brand new players that would like to learn the game and would like an experienced instructor to guide you to success. ➢ American mahjong is played with four players using mah jongg tiles. The goal of the game is to be the first, by picking and discarding, to match one's tiles to a specific hand from the annually distributed scorecard published by the National Mah Jongg League (NMJL). ➢ Pre -registration is required. Contact us at 772-226-1780 for more info! 0 JOY OF PAINTING CLASS WITH STEVEN BROOKS Saturday, September 24 @ iG • 10:00am — 12:30pm. Cost $59 per person. • Certified Bob Ross instructor Steven Brooks will take you through a one of a kind painting experience. ➢ Pre -registration required. Visit www.paintwithsteven.com to reserve our spot ➢ Beginners welcome. Steven will supply all materials and you will take home a painting by the end of the class. 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." STATE FLORIDA SWIMMING SPECIAL OLYMPICS Oct. 1 & 2 @ North County Aquatic Center & iG Center ➢ Save the Date for October 1" 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 9th Street, SW, Vero Beach, FL 32962 JONES PIER CONSERVATION AREA VOLUNTEER DAY & SNEAK PEEK Saturday, October 1 @ Jones Pier Conservation Area • 9am — 1:00pm, Free Event. 7770 Jungle Trail, in Vero Beach. • Help restore and maintain the native landscape of this beautiful conservation area. ➢ Conservation Area sits on a pioneer family homestead that dates back to the early 20th century. ➢ Site includes a historic home which will become a volunteer building / wet lab, pavilion / restroom and replica historic fruit stand. The centerpiece is a 4 acre salt marsh designed for wildlife habitat and water quality benefits to the lagoon. ➢ For details, contact Wendy at wswindell@ircgov.com , Kim at khaigler@ircgov.com or call 772-226-1732 10 LEGENDS OF COUNTRY MUSIC WITH DAVE DELUCA Oct 4 @ Brackett Library 6pm-7pm. Free Event! ➢ New Jersey native, Dave DeLuca is an accomplished singer, songwriter, musician and recording engineer who has been performing for over 30 years. Join him for the Legends of Country Music! Some of America's greatest stories are found in the classic country and western songs of the 1950's and 1960's. "The Legends of Country Music" is a barn -storming square dance through those two decades, featuring songs made famous by Johnny Cash, Hank Williams, Patsy Cline, Willie Nelson, George Jones, Jim Reeves, Loretta Lynn, Merle Haggard, Conway Twitty, Ferlin Husky and many more! THE GREAT HALLOWEEN COSTUME SWAP Oct 8 @ Main Library ➢ 12pm-3pm. Free Event! ➢ Bring your gently used costumes to the Main, Brackett, or North County Libraries and receive swap tickets to use at the event. Costumes of all sizes are welcome. Costumes will be accepted September 1 through October 7. For more information please go to I i b ra ri es. i rcgov. co m COMMUNITY DRUM CIRCLE WITH TREASURE COAST PERCUSSION Oct 12 @ Main Brackett Library ➢ 12pm-3pm. Free Event! ➢ Join us for an evening of drumming! No experience is necessary and drums are provided. All ages are welcome! For more information go to libraries.ircgov.com JULIAN WINGATE'S BIG BORE CHALLENGE SAVE THE DATE — October 29 @ 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. NEW CLASSES! PRE-SCHOOL TUMBLING Mondays and Fridays @ iG Center • Monday and Friday 10:30am-11:00am. $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! 11 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. w�a /.Arm - Join the IRC Board of County Commissioners & the i` SDIRC as we celebrate our local athletes who have signed letters of intent for college athletics. Students & staff are encouraged to wear their favorite team's jersey or shirt in support of our athletes! JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 4, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 29, 2022 to August 4, 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 29, 2022 to August 4, 2022. 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 426136 08/04/2022 KIMBERLY K MOIRANO 13.17 426137 08/04/2022 VANESSA L BROOKS 175.00 426138 08/04/2022 COMMUNICATIONS INTERNATIONAL 25,843.46 426139 08/04/2022 AT&T WIRELESS 43.23 426140 08/04/2022 AT&T WIRELESS 147.92 426141 08/04/2022 AT&T WIRELESS 156.46 426142 08/04/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 6,518.50 426143 08/04/2022 AT&T CORP 1,273.52 426144 08/04/2022 BRE-CLEARWATER OWNER LLC 225.00 426145 08/04/2022 ARCADIS U S INC 539.00 426146 08/04/2022 CELICO PARTNERSHIP 209.50 426147 08/04/2022 MASTELLER & MOLER INC 9,161.41 426148 08/04/2022 DARLENE HADSELL 200.00 426149 08/04/2022 VERO BEACH PARTNERSHIP 400.00 426150 08/04/2022 CANARX GROUP INC 4,588.50 426151 08/04/2022 PROCTOR CONSTRUCTION COMPANY LLC 23,065.08 426152 08/04/2022 R&S RADIO LLC 400.00 426153 08/04/2022 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 150.00 426154 08/04/2022 CONSOR ENGINEERS LLC 148,158.63 426155 08/04/2022 SPIEZLE ARCHITECTURAL GROUP INC 1,486.50 426156 08/04/2022 DON HINKLE CONSTRUCTION INC 49,936.43 426157 08/04/2022 GENERX GENERATORS LLC 56.25 426158 08/04/2022 CUSTOM WELDING DIVERSIFIED INC 4,866.30 426159 08/04/2022 BLUETARP FINANCIAL INC 125.71 426160 08/04/2022 US DEPT OF AGRICULTURE 453.36 426161 08/04/2022 ISLAND HARBOR CUSTOM BUILDERS 200.00 426162 08/04/2022 PORT CONSOLIDATED INC 4,153.10 426163 08/04/2022 GUARDIAN EQUIPMENT INC 1,430.00 426164 08/04/2022 SUNCOAST WELDING SUPPLIES INC 499.40 426165 08/04/2022 SSES INC 441.52 426166 08/04/2022 TEN -8 FIRE EQUIPMENT INC 1,448.99 426167 08/04/2022 RANGER CONSTRUCTION IND INC 957.73 426168 08/04/2022 VERO CHEMICAL DISTRIBUTORS INC 1,427.20 426169 08/04/2022 RICOH USA INC 243.84 426170 08/04/2022 KIMLEY HORN & ASSOC INC 3,828.66 426171 08/04/2022 DATA FLOW SYSTEMS INC 2,631.00 426172 08/04/2022 SUB AQUATICS INC 612.93 426173 08/04/2022 INDIAN RIVER BATTERY 651.95 426174 08/04/2022 GRAINGER 1,392.39 426175 08/04/2022 KELLY TRACTOR CO 3,672.92 426176 08/04/2022 APPLE INDUSTRIAL SUPPLY CO 2,266.77 426177 08/04/2022 HACH CO 4,654.60 426178 08/04/2022 MASTELLER MOLER & TAYLOR INC 150.00 426179 08/04/2022 BOUND TREE MEDICAL LLC 1,472.75 426180 08/04/2022 TIRESOLES OF BROWARD INC 3,983.51 426181 08/04/2022 CITY ELECTRIC SUPPLY COMPANY 464.82 426182 08/04/2022 ABCO GARAGE DOOR CO INC 235.00 426183 08/04/2022 CARTER ASSOCIATES INC 22,970.00 426184 08/04/2022 CHILDCARE RESOURCES OF IRC INC 20,472.41 426185 08/04/2022 DELL MARKETING LP 2,805.00 426186 08/04/2022 MIDWEST TAPE LLC 1,352.93 426187 08/04/2022 ODYSSEY MANUFACTURING CO 7,116.12 426188 08/04/2022 PRECISION CONTRACTING SERVICES INC 36,972.80 426189 08/04/2022 JIMMYS AIR & REFRIGERATION INC 203.75 426190 08/04/2022 SOFTWARE HARDWARE INTEGRATION 6,025.19 426191 08/04/2022 CLERK OF CIRCUIT COURT 40.00 426192 08/04/2022 CLERK OF CIRCUIT COURT 40.00 426193 08/04/2022 ROGER J NICOSIA 400.00 15 TRANS NBR DATE VENDOR AMOUNT 426194 08/04/2022 APPLE MACHINE & SUPPLY CO 3,933.00 426195 08/04/2022 INDIAN RIVER ALL FAB INC 14,773.92 426196 08/04/2022 FLORIDA GOVERNMENT FINANCE 50.00 426197 08/04/2022 LIVINGSTON PAGE 150.00 426198 08/04/2022 TREASURE COAST HOMELESS SERVICES 1,039.96 426199 08/04/2022 PUBLIX SUPERMARKETS 33.31 426200 08/04/2022 PUBLIX SUPERMARKETS 120.23 426201 08/04/2022 PUBLIX SUPERMARKETS 42.65 426202 08/04/2022 ACUSHNET COMPANY 416.85 426203 08/04/2022 FEDERAL EXPRESS CORP 355.99 426204 08/04/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 38.74 426205 08/04/2022 FAMOSO INC 955.80 426206 08/04/2022 TIMOTHY ROSE CONTRACTING INC 20,722.30 426207 08/04/2022 TIMOTHY ROSE CONTRACTING INC 172,293.87 426208 08/04/2022 CALLAWAY GOLF SALES COMPANY 134.75 426209 08/04/2022 FLORIDA POWER AND LIGHT 50,522.20 426210 08/04/2022 FLORIDA POWER AND LIGHT 37,225.57 426211 08/04/2022 WALTER KOMARNICKI SR 75.00 426212 08/04/2022 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 426213 08/04/2022 COMPLETE ELECTRIC INC 641.74 426214 08/04/2022 GIFFORD COMMUNITY CENTER 2,842.58 426215 08/04/2022 HENRY SMITH 200.00 426216 08/04/2022 NEXTRAN CORPORATION 29.07 426217 08/04/2022 JOHN BROWN & SONS INC 7,000.00 426218 08/04/2022 BUSCH WILDLIFE SANCTUARY 400.00 426219 08/04/2022 IRONSIDE PRESS LLC 330.44 426220 08/04/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 850.00 426221 08/04/2022 BRIDGESTONE AMERICAS INC 543.40 426222 08/04/2022 RECHTIEN INTERNATIONAL TRUCKS 2,847.37 426223 08/04/2022 ST LUCIE COUNTY BOCC 10,682.10 426224 08/04/2022 THE PALMS AT VERO BEACH 1,782.00 426225 08/04/2022 MICHAEL QUIGLEY 380.00 426226 08/04/2022 TRANE US INC 732.87 426227 08/04/2022 HULETT ENVIRONMENTAL SERVICES 212.00 426228 08/04/2022 CINTAS CORPORATION NO 2 221.40 426229 08/04/2022 U S BANK NATIONAL ASSOCIATION 944.69 426230 08/04/2022 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 426231 08/04/2022 POLYDYNE INC 2,944.00 426232 08/04/2022 SOUTHERN JANITOR SUPPLY INC 1,772.54 426233 08/04/2022 GLOVER OIL COMPANY INC 92,478.87 426234 08/04/2022 GERELCOM INC 121,394.00 426235 08/04/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 353.77 426236 08/04/2022 JOHNNY B SMITH 125.00 426237 08/04/2022 DANE MACDONALD 125.00 426238 08/04/2022 CEMEX INC 626.64 426239 08/04/2022 PETER J CASSARA 2,300.00 426240 08/04/2022 AFFORDABLE WATER & COFFEE SVC 22.50 426241 08/04/2022 KWACKS INC 1,180.00 426242 08/04/2022 NICOLACE MARKETING INC 1,380.00 426243 08/04/2022 HELPING ANIMALS LIVE -OVERCOME 33.00 426244 08/04/2022 BRENNTAG MID -SOUTH INC 4,834.52 426245 08/04/2022 ATLANTIC COASTAL LAND TITLE CO LLC 380.00 426246 08/04/2022 FLORIDA COAST EQUIPMENT INC 501.73 426247 08/04/2022 OVERDRIVE INC 1,043.91 426248 08/04/2022 MOORE MOTORS INC 161.26 426249 08/04/2022 CARDINAL HEALTH 110 INC 1,825.90 426250 08/04/2022 MUNICIPAL EMERGENCY SERVICES INC 119.95 426251 08/04/2022 BURNETT LIME CO INC 3,334.64 426252 08/04/2022 STEWART & STEVENSON FDDA LLC 1,448.99 426253 08/04/2022 CHEMTRADE CHEMICALS CORPORTATION 3,853.67 16 TRANS NBR DATE VENDOR AMOUNT 426254 08/04/2022 BREVARD COUNTY BOCC 50.00 426255 08/04/2022 FLORIDA DESIGN DRILLING CORP 7,801.84 426256 08/04/2022 TRINOVA-FLORIDA INC 217.26 426257 08/04/2022 HUNTER SOUTHWEST PRODUCTIONS LLC 600.00 426258 08/04/2022 COBRA GOLF INCORPORATED 261.52 426259 08/04/2022 MICHAEL EDWARD HAMILTON 300.00 426260 08/04/2022 HAWKINS INC 618.75 426261 08/04/2022 UNIFIRST CORPORATION 927.14 426262 08/04/2022 SCHUMACHER AUTOMOTIVE DELRAY LLC 705.30 426263 08/04/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 849.47 426264 08/04/2022 GOTTA GO GREEN ENTERPISES INC 95.72 426265 08/04/2022 EASTERN PIPELINE CONSTRUCTION INC 3,550.00 426266 08/04/2022 CDW LLC 120.21 426267 08/04/2022 MATHESON TRI-GAS INC 4,568.20 426268 08/04/2022 ROBERT O RICHARDSON 111 210.00 426269 08/04/2022 LJB EQUIPMENT SALES INC 2,411.52 426270 08/04/2022 COLE AUTO SUPPLY INC 2,486.41 426271 08/04/2022 GOLF GENIUS SOFTWARE LLC 750.00 426272 08/04/2022 BETH NOLAN 90.00 426273 08/04/2022 DAY DREAMS UNIFORMS INC 180.80 426274 08/04/2022 CORE & MAIN LP 18,131.69 426275 08/04/2022 WOERNER AGRIBUSINESS LLC 232.00 426276 08/04/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,360.00 426277 08/04/2022 TYKES & TEENS INC 5,822.88 426278 08/04/2022 EMPIRE PIPE ORLANDO LLC 17,542.00 426279 08/04/2022 TAYLOR ANNE HATTON 310.00 426280 08/04/2022 TYCO FIRE & SECURITY MANAGEMENT INC 1,173.00 426281 08/04/2022 VISTA OUTDOOR SALES LLC 1,957.98 426282 08/04/2022 AMAZON CAPITAL SERVICES INC 3,119.24 426283 08/04/2022 PACE ANALYTICAL SERVICES LLC 6,416.65 426284 08/04/2022 AMERIGAS PROPANE LP 2,470.70 426285 08/04/2022 METROPOLITAN COMMUNICATION SERVICES INC 354.75 426286 08/04/2022 JOHN J DRISCOLL 555.00 426287 08/04/2022 AUSTIN REYNOLDS 100.00 426288 08/04/2022 JORDAN POWER EQUIPMENT CORP 1,354.83 426289 08/04/2022 CK CONTRACTORS & DEVELOPMENT LLC 119,220.95 426290 08/04/2022 PC SOLUTIONS & INTEGRATION INC 1,540.00 426291 08/04/2022 MULLINAX FORD OF VERO BEACH 8,004.74 426292 08/04/2022 JUDITH A BURLEY 152.00 426293 08/04/2022 CIVICPLUS LLC 1,444.32 426294 08/04/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 169.26 426295 08/04/2022 DESK SPINCO INC 1,992.29 426296 08/04/2022 TREASURE COAST PERCUSSION 150.00 426297 08/04/2022 LOBBYTOOLS INC 3,900.00 426298 08/04/2022 FERGUSON US HOLDINGS INC 23,938.17 426299 08/04/2022 BLUE GOOSE CONSTRUCTION LLC 798.79 426300 08/04/2022 ORCHARD GROVE VENTURE LLC 1,000.00 426301 08/04/2022 STAPLES INC 604.69 426302 08/04/2022 LOWES COMPANIES INC 3,189.84 426303 08/04/2022 SMI TRADING LLC 158.35 426304 08/04/2022 MILLENNIUM CREMATORY LLC 425.00 426305 08/04/2022 TOTAL GOLF CART LLC 762.36 426306 08/04/2022 CHRIS ZAVESKY 225.00 426307 08/04/2022 DEX IMAGING LLC 71.82 426308 08/04/2022 ROBERT A HUDSON 200.00 426309 08/04/2022 SREIT LEXINGTON CLUB LLC 1,000.00 426310 08/04/2022 ROBERT SCARBOROUGH WELLS LLC 4,836.72 426311 08/04/2022 THEODORE SEMI 375.00 426312 08/04/2022 BRITTON INDUSTRIES INC 81.28 426313 08/04/2022 LAWRENCE F WALLIN 50.00 17 TRANS NBR DATE VENDOR AMOUNT 426314 08/04/2022 VERO COLLISION II LLC 3,671.88 426315 08/04/2022 HIREQUEST LLC 4,679.19 426316 08/04/2022 PETERBILT STORE SOUTH FLORIDA LLC 200.17 426317 08/04/2022 PETERBILT STORE SOUTH FLORIDA LLC 774.56 426318 08/04/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 426319 08/04/2022 CER SIGNATURE CLEANING LLC 900.00 426320 08/04/2022 SHAMROCK ENVIRONMENTAL CORPORATION 1,801.38 426321 08/04/2022 SHRIEVE CHEMICAL CO LLC 7,550.42 426322 08/04/2022 BTAC HOLDING CORP 3,216.56 426323 08/04/2022 TPH HOLDINGS LLC 758.59 426324 08/04/2022 CRYSTAL MCANELLY DIVERS 75.00 426325 08/04/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 1,000.00 426326 08/04/2022 SCOTT SEELEY 75.00 426327 08/04/2022 RONALD MARASCO SR 260.00 426328 08/04/2022 LISA ARLENE COBURN 40.00 426329 08/04/2022 TAYLOR NELSON AUXIER 125.00 426330 08/04/2022 FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 220.00 426331 08/04/2022 PIX41) INC 990.00 426332 08/04/2022 PAIGE K BROWN 650.00 426333 08/04/2022 TSC JACOBS SOUTH INC 522.92 426334 08/04/2022 SYNERGY HOME BUYERS LLC 1,000.00 426335 08/04/2022 SYDNEY RIGAUD 600.00 426336 08/04/2022 BLUETARP FINANCIAL INC 133.44 426337 08/04/2022 ROBB SIMMENS 1,000.00 426338 08/04/2022 VARIVERGE LLC 36,751.02 Grand Total: 1,365,720.47 18 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902060 08/01/2022 GRACES LANDING LTD 12,096.00 902061 08/01/2022 BETTY DAVIS SCROGGS 769.00 902062 08/01/2022 CREATIVE CHOICE HOMES XVI LTD 11,934.00 902063 08/01/2022 DAVID YORK 577.00 902064 08/01/2022 ST FRANCIS MANOR OF VERO BEACH 1,550.00 902065 08/01/2022 TREASURE COAST HOMELESS SERVICES 1,028.00 902066 08/01/2022 FLORIDA POWER AND LIGHT 5.00 902067 08/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,648.00 902068 08/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,215.00 902069 08/01/2022 THE PALMS AT VERO BEACH 16,385.00 902070 08/01/2022 DAVID CONDON 870.00 902071 08/01/2022 HILARYMCIVOR 573.00 902072 08/01/2022 PELICAN ISLES LP 11,028.00 902073 08/01/2022 SUNCOAST REALTY & RENTAL MGMT LLC 1,048.00 902074 08/01/2022 ADINA GOLDMAN 746.00 902075 08/01/2022 INDIAN RIVER RDA LP 2,774.00 902076 08/01/2022 LAZY J LLC 1,541.00 902077 08/01/2022 JESSE LEWIS 215.00 902078 08/01/2022 SAID S MOOBARK 1,926.00 902079 08/01/2022 OSCEOLA COUNTY SECTION 8 994.54 902080 08/01/2022 YVONNE KOUTSOFIOS 60.00 902081 08/01/2022 BRIAN E GALLAGHER 633.00 902082 08/01/2022 JOHN T STANLEY 1,165.00 902083 08/01/2022 WEDGEWOOD RENTALS LLC 2,025.00 902084 08/01/2022 COALITION FOR ATTAINABLE HOMES INC 944.00 902085 08/01/2022 MYRIAM MELENDEZ 659.00 902086 08/01/2022 WATSON REALTY GROUP 2,911.00 902087 08/01/2022 SHER LLC 732.00 902088 08/01/2022 SUNQUESTAPRTMENTS LLC 2,176.00 902089 08/01/2022 ORCHARD GROVE VENTURE LLC 18,198.00 902090 08/01/2022 SONRISE APARTMENT PROPERTIES LLC 3,892.00 902091 08/01/2022 SREIT LEXINGTON CLUB LLC 33,656.00 902092 08/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 10,990.00 902093 08/01/2022 B4 TC PROPERTIES LLC 1,146.00 902094 08/01/2022 STREIT RIVER PARK PLACE LLC 21,020.00 902095 08/01/2022 EZAS INVESTMENTS LLC 701.00 902096 08/01/2022 DANIEL I PREUSS 677.00 902097 08/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 27,488.00 902098 08/01/2022 IGC ENTERPRISES INCORPORATED 4,936.00 902099 08/01/2022 CHRISTINE HARVEY LAWRENCE 598.00 902100 08/01/2022 GRACES LANDING LTD 661.00 902101 08/01/2022 CREATIVE CHOICE HOMES XVI LTD 2,006.00 902102 08/01/2022 TREASURE COAST HOMELESS SERVICES 774.00 902103 08/01/2022 IRC HOUSING AUTHORITY 30.00 902104 08/01/2022 LAZY J LLC 311.00 902105 08/01/2022 COALITION FOR ATTAINABLE HOMES INC 615.00 902106 08/01/2022 SUNQUESTAPRTMENTS LLC 792.00 902107 08/01/2022 ORCHARD GROVE VENTURE LLC 5,193.00 902108 08/01/2022 SREIT LEXINGTON CLUB LLC 3,172.00 902109 08/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 2,044.00 902110 08/04/2022 THE NELROD COMPANY 2,535.00 902111 08/04/2022 AMAZON CAPITAL SERVICES INC 3,363.46 902112 08/04/2022 BEDS4HIM INC 1,480.00 902113 08/04/2022 AMAZON CAPITAL SERVICES INC 2,263.75 Grand Total: 232,769.75 19 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019828 08/03/2022 AT&T CORP 5,453.47 1019829 08/03/2022 AT&T CORP 2,239.68 1019830 08/03/2022 OFFICE DEPOT INC 1,029.65 1019831 08/03/2022 COMCAST 171.45 1019832 08/03/2022 STAT MEDICAL DISPOSAL INC 450.00 1019833 08/04/2022 INDIAN RIVER OXYGEN INC 502.00 1019834 08/04/2022 RING POWER CORPORATION 5,529.74 1019835 08/04/2022 DEMCOINC 219.19 1019836 08/04/2022 GALLS LLC 143.40 1019837 08/04/2022 IRRIGATION CONSULTANTS UNLIMITED INC 3,093.86 1019838 08/04/2022 GROVE WELDERS INC 428.03 1019839 08/04/2022 TOTAL TRUCK PARTS INC 985.62 1019840 08/04/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 398.03 1019841 08/04/2022 PRIDE ENTERPRISES 565.80 1019842 08/04/2022 SIMS CRANE & EQUIPMENT CO 663.00 1019843 08/04/2022 AUTO PARTNERS LLC 1,531.14 1019844 08/04/2022 HYDRA SERVICE (S) INC 7,800.02 1019845 08/04/2022 RADWELL INTERNATIONAL INC 173.30 1019846 08/04/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 995.00 1019847 08/04/2022 GUARDIAN ALARM OF FLORIDA LLC 339.73 1019848 08/04/2022 EFE INC 2,949.98 Grand Total: 35,662.09 20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9761 07/29/2022 CER SIGNATURE CLEANING LLC 12,852.00 9762 08/01/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9763 08/01/2022 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9764 08/01/2022 CLERK OF CIRCUIT COURT 102,839.75 9765 08/01/2022 ST LUCIE BATTERY & TIRE CO 1,125.50 9766 08/01/2022 P&A ADMINISTRATIVE SERVICES INC 394.50 9767 08/02/2022 INDIAN RIVER COUNTY SHERIFF 35,824.10 9768 08/02/2022 RX BENEFITS INC 242,342.32 9769 08/02/2022 EDH HOLDINGS LLC 5,395.00 9770 08/02/2022 HEALTH ADVOCATE SOLUTIONS INC 2,011.20 9771 08/02/2022 HEALTH ADVOCATE SOLUTIONS INC 1,567.50 9772 08/02/2022 EDH HOLDINGS LLC 1,190.59 9773 08/03/2022 MUTUAL OF OMAHA 8,421.48 9774 08/03/2022 ALLSTATE 125.10 9775 08/03/2022 TD BANK 9,751.32 9776 08/04/2022 VEROTOWN LLC 3,000.00 9777 08/04/2022 INDIAN RIVER COUNTY SHERIFF 52,552.12 9778 08/04/2022 KIMLEY HORN & ASSOC INC 1,853.37 9779 08/04/2022 EDH HOLDINGS LLC 53,993.39 9780 08/04/2022 SENIOR RESOURCE ASSOCIATION 554,973.07 9781 08/04/2022 FL RETIREMENT SYSTEM 922,806.52 9782 08/04/2022 AMERICAN FAMILY LIFE ASSURANCE CO 17,569.50 9783 08/04/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,383.62 9784 08/04/2022 HIGHMARK STOP LOSS 106,620.08 9785 08/04/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,512.55 9786 08/04/2022 MUTUAL OF OMAHA 20,291.00 9787 08/04/2022 ALLEN CONCRETE & MASONRY INC 636,668.51 9788 08/04/2022 VERO HERITAGE INC 2,328.00 9789 08/04/2022 CULTURAL COUNCIL OF IRC 10,556.46 9790 08/04/2022 VETERANS COUNCIL OF I R C 6,602.04 9791 08/04/2022 BENEFLEX INC 887.50 Grand Total: 7,820,825.13 21 = WE JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271i Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 11, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 5, 2022 to August 11, 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 August 5, 2022 to August 11, 2022. OX CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 426339 08/05/2022 FLORIDA UC FUND 3,107.00 426340 08/05/2022 AMERITAS 32,776.24 426341 08/05/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 426342 08/05/2022 NORTH DAKOTA CHILD SUPPORT 228.47 426343 08/11/2022 CITY OF VERO BEACH 32.00 426344 08/11/2022 SHERATON ORLANDO NORTH HOTEL 572.00 426345 08/11/2022 JASON E BROWN 50.00 426346 08/11/2022 UNIVERSITY OF FLORIDA 375.00 426347 08/11/2022 DOUBLETREE HOTEL 372.00 426348 08/11/2022 MICHAEL ZITO 830.84 426349 08/11/2022 BRIAN FREEMAN 245.20 426350 08/11/2022 LESLIE N MUNROE 863.15 426351 08/11/2022 CIVILIAN RAPID RESPONSE TRAINING LLC 465.00 426352 08/11/2022 JOHN SCHOONMAKER 39.78 426353 08/11/2022 MSA SAFETY INCORPORATED 2,910.00 426354 08/11/2022 ROBERT WHITEHEAD 380.00 426355 08/11/2022 UTIL REFUNDS 62.02 426356 08/11/2022 UTIL REFUNDS 173.06 426357 08/11/2022 UTIL REFUNDS 86.50 426358 08/11/2022 UTIL REFUNDS 46.77 426359 08/11/2022 UTIL REFUNDS 71.87 426360 08/11/2022 UTIL REFUNDS 44.25 426361 08/11/2022 UTIL REFUNDS 82.80 426362 08/11/2022 UTIL REFUNDS 46.60 426363 08/11/2022 UTIL REFUNDS 6.42 426364 08/11/2022 UTIL REFUNDS 340.30 426365 08/11/2022 UTIL REFUNDS 92.80 426366 08/11/2022 UTIL REFUNDS 57.65 426367 08/11/2022 UTIL REFUNDS 65.43 426368 08/11/2022 UTIL REFUNDS 33.81 426369 08/11/2022 UTIL REFUNDS 122.63 426370 08/11/2022 UTIL REFUNDS 90.27 426371 08/11/2022 UTIL REFUNDS 36.99 426372 08/11/2022 UTIL REFUNDS 45.72 426373 08/11/2022 UTIL REFUNDS 85.18 426374 08/11/2022 UTIL REFUNDS 54.71 426375 08/11/2022 UTIL REFUNDS 80.00 426376 08/11/2022 UTIL REFUNDS 22.56 426377 08/11/2022 UTIL REFUNDS 16.25 426378 08/11/2022 UTIL REFUNDS 54.51 426379 08/11/2022 UTIL REFUNDS 31.95 426380 08/11/2022 UTIL REFUNDS 72.13 426381 08/11/2022 UTIL REFUNDS 47.41 426382 08/11/2022 UTIL REFUNDS 45.95 426383 08/11/2022 UTIL REFUNDS 40.42 426384 08/11/2022 UTIL REFUNDS 120.18 426385 08/11/2022 UTIL REFUNDS 51.94 426386 08/11/2022 UTIL REFUNDS 27.92 426387 08/11/2022 UTIL REFUNDS 7.55 426388 08/11/2022 UTIL REFUNDS 29.23 426389 08/11/2022 UTIL REFUNDS 83.67 426390 08/11/2022 UTIL REFUNDS 37.47 426391 08/11/2022 UTIL REFUNDS 57.59 426392 08/11/2022 UTIL REFUNDS 10.64 426393 08/11/2022 UTIL REFUNDS 30.50 426394 08/11/2022 UTIL REFUNDS 34.66 426395 08/11/2022 UTIL REFUNDS 1.60 426396 08/11/2022 UTIL REFUNDS 33.52 23 TRANS NBR DATE VENDOR AMOUNT 426397 08/11/2022 UTIL REFUNDS 9.74 426398 08/11/2022 UTIL REFUNDS 36.11 426399 08/11/2022 UTIL REFUNDS 35.51 426400 08/11/2022 AT&T WIRELESS 974.99 426401 08/11/2022 AT&T WIRELESS 106.29 426402 08/11/2022 CLERK OF CIRCUIT COURT 125.29 426403 08/11/2022 CLERK OF CIRCUIT COURT 35.50 426404 08/11/2022 AT&T CORP 6.35 426405 08/11/2022 AT&T CORP 1,704.00 426406 08/11/2022 FLORIDA GOVERNMENT FINANCE 50.00 426407 08/11/2022 INTERNATIONAL GOLF MAINTENANCE INC 6,109.48 426408 08/11/2022 FLORIDA POWER AND LIGHT 1,310.09 426409 08/11/2022 FLORIDA POWER AND LIGHT 3,364.75 426410 08/11/2022 STATE ATTORNEY 12,313.07 426411 08/11/2022 CITY OF FELLSMERE 245.36 426412 08/11/2022 BANK OF NEW YORK 712.50 426413 08/11/2022 MARONDA HOMES INC OF FLORIDA 75.00 426414 08/11/2022 CELICO PARTNERSHIP 1,429.96 426415 08/11/2022 MBV ENGINEERING INC 25,016.00 426416 08/11/2022 PACKARD ROOFING & WATERPROOFING 479.45 426417 08/11/2022 1 ST FIRE & SECURITY INC 75.44 426418 08/11/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 17.78 426419 08/11/2022 FISHER & PHILLIPS LLP 5,575.50 426420 08/11/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 150.00 426421 08/11/2022 DE LA HOZ BUILDERS INC 129,397.91 426422 08/11/2022 CARDNOINC 21,496.25 426423 08/11/2022 KREMEDY LLC 7,000.00 426424 08/11/2022 CHANGE HEALTHCARE LLC 32,372.11 426425 08/11/2022 J-MAC CLEANING SERVICES INC 4,833.33 426426 08/11/2022 SENTINEL TECHNOLOGIES INC 7,400.00 426427 08/11/2022 COMMANDLINK LLC 3,379.52 426428 08/11/2022 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 426429 08/11/2022 MARIANNE BOATRIGHT 150.00 426430 08/11/2022 SHAWN GATES 240.01 426431 08/11/2022 UTIL REFUNDS 31.22 426432 08/11/2022 UTIL REFUNDS 35.90 426433 08/11/2022 UTIL REFUNDS 39.24 426434 08/11/2022 UTIL REFUNDS 26.83 426435 08/11/2022 UTIL REFUNDS 40.68 426436 08/11/2022 UTIL REFUNDS 40.05 426437 08/11/2022 UTIL REFUNDS 30.58 426438 08/11/2022 UTIL REFUNDS 18.88 426439 08/11/2022 UTIL REFUNDS 93.69 426440 08/11/2022 UTIL REFUNDS 35.33 426441 08/11/2022 UTIL REFUNDS 41.98 426442 08/11/2022 UTIL REFUNDS 7.15 426443 08/11/2022 UTIL REFUNDS 42.24 426444 08/11/2022 UTIL REFUNDS 9.67 426445 08/11/2022 UTIL REFUNDS 37.12 426446 08/11/2022 UTIL REFUNDS 60.23 426447 08/11/2022 UTIL REFUNDS 21.16 426448 08/11/2022 UTIL REFUNDS 33.11 426449 08/11/2022 UTIL REFUNDS 485.61 426450 08/11/2022 UTIL REFUNDS 52.24 426451 08/11/2022 UTIL REFUNDS 5.48 426452 08/11/2022 UTIL REFUNDS 10.77 426453 08/11/2022 UTIL REFUNDS 71.79 426454 08/11/2022 UTIL REFUNDS 296.13 426455 08/11/2022 UTIL REFUNDS 70.22 426456 08/11/2022 UTIL REFUNDS 58.55 24 2 TRANS NBR DATE VENDOR AMOUNT 426457 08/11/2022 UTIL REFUNDS 42.89 426458 08/11/2022 PORT CONSOLIDATED INC 1,547.99 426459 08/11/2022 COMMUNICATIONS INTERNATIONAL 58,734.16 426460 08/11/2022 TEN -8 FIRE EQUIPMENT INC 2,136.52 426461 08/11/2022 RANGER CONSTRUCTION IND INC 2,264.97 426462 08/11/2022 VERO CHEMICAL DISTRIBUTORS INC 674.75 426463 08/11/2022 HENRY SCHEIN INC 1,995.35 426464 08/11/2022 SAFETY PRODUCTS INC 826.56 426465 08/11/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 48.00 426466 08/11/2022 INDIAN RIVER BATTERY 2,130.00 426467 08/11/2022 GRAINGER 713.38 426468 08/11/2022 KELLY TRACTOR CO 2,136.49 426469 08/11/2022 SAFETY KLEEN SYSTEMS INC 352.17 426470 08/11/2022 APPLE INDUSTRIAL SUPPLY CO 515.26 426471 08/11/2022 WILD LAND ENTERPRISES INC 469.80 426472 08/11/2022 HACH CO 738.08 426473 08/11/2022 LFI FORT PIERCE INC 4,224.19 426474 08/11/2022 CLIFF BERRY INC 561.40 426475 08/11/2022 KSM ENGINEERING & TESTING INC 2,000.00 426476 08/11/2022 BOUND TREE MEDICAL LLC 3,105.68 426477 08/11/2022 EXPRESS REEL GRINDING INC 2,650.00 426478 08/11/2022 ABCO GARAGE DOOR CO INC 12,578.50 426479 08/11/2022 CARTER ASSOCIATES INC 6,950.00 426480 08/11/2022 NEWMANS POWER SYSTEMS 7,207.00 426481 08/11/2022 DELL MARKETING LP 2,628.00 426482 08/11/2022 GOLF SPECIALTIES INC 2,240.00 426483 08/11/2022 MIDWEST TAPE LLC 5,144.58 426484 08/11/2022 ODYSSEY MANUFACTURING CO 2,475.00 426485 08/11/2022 CENGAGE LEARNING INC 820.92 426486 08/11/2022 GO COASTAL INC 122.85 426487 08/11/2022 ENNIS-FLINT INC 326.00 426488 08/11/2022 CLERK OF CIRCUIT COURT 259.00 426489 08/11/2022 CITY OF VERO BEACH 1,280.11 426490 08/11/2022 HOME DEPOT USA INC 57.42 426491 08/11/2022 HOME DEPOT USA INC 67.90 426492 08/11/2022 LIVINGSTON PAGE 695.00 426493 08/11/2022 JANITORIAL DEPOT OF AMERICA INC 115.76 426494 08/11/2022 ENVIRONMENTAL LEARNING CENTER INC 1,515.08 426495 08/11/2022 PUBLIX SUPERMARKETS 17.75 426496 08/11/2022 ROGER CLEVELAND GOLF INC 4,670.60 426497 08/11/2022 ACUSHNET COMPANY 2,280.77 426498 08/11/2022 WEST PUBLISHING CORPORATION 196.43 426499 08/11/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 604.90 426500 08/11/2022 COMO OIL COMPANY OF FLORIDA 130.00 426501 08/11/2022 FAMOSO INC 686.40 426502 08/11/2022 CALLAWAY GOLF SALES COMPANY 8,766.93 426503 08/11/2022 FLORIDA POWER AND LIGHT 83,990.09 426504 08/11/2022 FLORIDA POWER AND LIGHT 6,279.23 426505 08/11/2022 WALTER KOMARNICKI SR 225.00 426506 08/11/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 5,806.83 426507 08/11/2022 CITY OF FELLSMERE 251.57 426508 08/11/2022 PEACE RIVER ELECTRIC COOP INC 208.10 426509 08/11/2022 HIBISCUS CHILDRENS CENTER INC 4,320.38 426510 08/11/2022 SHERILEE D PARSELL 6,528.80 426511 08/11/2022 IRC HEALTHY START COALITION INC 1,666.66 426512 08/11/2022 IRC HEALTHY START COALITION INC 17,310.46 426513 08/11/2022 IRC HEALTHY START COALITION INC 10,441.66 426514 08/11/2022 IRC HEALTHY START COALITION INC 3,357.56 426515 08/11/2022 BE SAFE SECURITY ALARMS INC 514.70 426516 08/11/2022 L WALTON ELECTRIC INC 1,890.00 25 TRANS NBR DATE VENDOR AMOUNT 426517 08/11/2022 TRANSPORTATION CONTROL SYSTEMS 6,295.00 426518 08/11/2022 HENRY SMITH 250.00 426519 08/11/2022 INDIAN RIVER FARMS WATER CNTRL DIST 80.00 426520 08/11/2022 INDIAN RIVER FARMS WATER CNTRL DIST 185.00 426521 08/11/2022 INDIAN RIVER FARMS WATER CNTRL DIST 1,005.00 426522 08/11/2022 PITNEY BOWES INC 633.57 426523 08/11/2022 JOHN BROWN & SONS INC 58,600.00 426524 08/11/2022 FORESTRY SUPPLIERS INC 568.02 426525 08/11/2022 SYMBIONT SERVICE CORP 165.50 426526 08/11/2022 RECHTIEN INTERNATIONAL TRUCKS 879.04 426527 08/11/2022 PELICAN ISLAND AUDUBON SOCIETY INC 5,410.61 426528 08/11/2022 THE PALMS AT VERO BEACH 1,000.00 426529 08/11/2022 MICHAEL QUIGLEY 540.00 426530 08/11/2022 HULETT ENVIRONMENTAL SERVICES 233.00 426531 08/11/2022 CONTROL SYSTEMS DESIGN INC 540.00 426532 08/11/2022 FASTENAL COMPANY 1,177.42 426533 08/11/2022 THE SHERWIN WILLIAMS CO 404.78 426534 08/11/2022 SOUTHERN JANITOR SUPPLY INC 4,054.82 426535 08/11/2022 J C RENTALS & INVESTMENTS INC 1,000.00 426536 08/11/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 426537 08/11/2022 ETR LLC 2,802.26 426538 08/11/2022 PELICAN ISLES LP 1,000.00 426539 08/11/2022 GLOVER OIL COMPANY INC 30,378.68 426540 08/11/2022 C W NIELSEN MFG CORP 162.00 426541 08/11/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 196.51 426542 08/11/2022 JOHNNY B SMITH 500.00 426543 08/11/2022 DANE MACDONALD 325.00 426544 08/11/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 8,699.81 426545 08/11/2022 PETER J CASSARA 3,200.00 426546 08/11/2022 INDIAN RIVER SOCCER ASSOCIATION 2,000.00 426547 08/11/2022 AFFORDABLE WATER & COFFEE SVC 30.00 426548 08/11/2022 SOUTHEAST SECURE SHREDDING 45.00 426549 08/11/2022 KWACKS INC 2,548.00 426550 08/11/2022 NICOLACE MARKETING INC 3,295.92 426551 08/11/2022 BENNETT FIRE PRODUCTS CO INC 74,892.80 426552 08/11/2022 BRENNTAG MID -SOUTH INC 3,819.13 426553 08/11/2022 CREATIVE POWER SOLUTIONS INC 460.00 426554 08/11/2022 OVERDRIVE INC 1,653.23 426555 08/11/2022 ALAN JAY CHEVROLET CADILLAC 45,388.00 426556 08/11/2022 CROM CORPORATION 10,000.00 426557 08/11/2022 MUNICIPAL EMERGENCY SERVICES INC 3,710.47 426558 08/11/2022 BURNETT LIME CO INC 13,354.62 426559 08/11/2022 LEARNING ALLIANCE 51,482.13 426560 08/11/2022 STRAIGHT OAK LLC 36.08 426561 08/11/2022 W S BADCOCK CORPORATION 11,558.83 426562 08/11/2022 DEBORAH CUEVAS 75.00 426563 08/11/2022 SAMBA HOLDINGS INC 1,367.65 426564 08/11/2022 STS MAINTAIN SERVICES INC 9,215.95 426565 08/11/2022 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 426566 08/11/2022 SYLIVIA MILLER 1,455.00 426567 08/11/2022 HAWKINS INC 7,122.68 426568 08/11/2022 VENMILL INDUSTRIES INC 121.49 426569 08/11/2022 UNIFIRST CORPORATION 1,302.79 426570 08/11/2022 GOTTA GO GREEN ENTERPISES INC 190.83 426571 08/11/2022 EASTERN PIPELINE CONSTRUCTION INC 18,084.00 426572 08/11/2022 EDUCATION FOUNDATION OF INDIAN RIVER COUNTii 117,786.87 426573 08/11/2022 DEBBIE CARSON 75.00 426574 08/11/2022 MATHESON TRI -GAS INC 5,135.00 426575 08/11/2022 ROBERT O RICHARDSON III 350.00 426576 08/11/2022 COLE AUTO SUPPLY INC 3,469.63 26 TRANS NBR DATE VENDOR AMOUNT 426577 08/11/2022 RHOADES AIR & HEAT 8,040.00 426578 08/11/2022 RHOADES AIR & HEAT 192.50 426579 08/11/2022 BETH NOLAN 168.00 426580 08/11/2022 DAYDREAMS UNIFORMS INC 255.10 426581 08/11/2022 HARAKH INC 1,000.00 426582 08/11/2022 JOSEPH ELLIOTT USA LLC 364.14 426583 08/11/2022 CORE & MAIN LP 2,787.22 426584 08/11/2022 INDIAN RIVER DOCKS LLC 4,500.00 426585 08/11/2022 WOERNER AGRIBUSINESS LLC 268.00 426586 08/11/2022 OCCIDENTAL FIRE & CASUALTY OF N CAROLINA 20,280.00 426587 08/11/2022 TRAFFIC SUPPLIES & DISTRIBUTION LLC 2,775.00 426588 08/11/2022 DIRECTV GROUP INC 93.24 426589 08/11/2022 TAYLOR ANNE HATTON 630.00 426590 08/11/2022 AMAZON CAPITAL SERVICES INC 2,463.90 426591 08/11/2022 TREASURE COAST PLUMBING LLC 130.00 426592 08/11/2022 CALITEN LLC 44.30 426593 08/11/2022 PACE ANALYTICAL SERVICES LLC 2,335.24 426594 08/11/2022 PACE ANALYTICAL SERVICES LLC 2,530.87 426595 08/11/2022 AMERIGAS PROPANE LP 521.20 426596 08/11/2022 JOHN J DRISCOLL 220.00 426597 08/11/2022 AUSTIN REYNOLDS 170.00 426598 08/11/2022 JORDAN POWER EQUIPMENT CORP 26.99 426599 08/11/2022 DERECK R PRINCE 90.00 426600 08/11/2022 MULLINAX FORD OF VERO BEACH 641.17 426601 08/11/2022 JUDITH A BURLEY 243.00 426602 08/11/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 794.35 426603 08/11/2022 DESK SPINCO INC 632.86 426604 08/11/2022 NO KILL BEES INC 1,500.00 426605 08/11/2022 MILTON MAYBERRY ENTERPRISES INC 322.00 426606 08/11/2022 REARDONS FAB SHOP 1,985.00 426607 08/11/2022 FERGUSON US HOLDINGS INC 6.60 426608 08/11/2022 STAPLES INC 724.27 426609 08/11/2022 LOWES COMPANIES INC 2,125.48 426610 08/11/2022 TEXAS TRAILERS SALES & SERVICE 8,180.53 426611 08/11/2022 GOOD SPORTSMAN MARKETING LLC 1,196.09 426612 08/11/2022 CHRIS ZAVESKY 605.00 426613 08/11/2022 ROBERTAHUDSON 300.00 426614 08/11/2022 THEODORE SEMI 880.00 426615 08/11/2022 QUADMED INC 1,680.73 426616 08/11/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 1,000.00 426617 08/11/2022 PALFINGER US HOLDING INC 7,855.00 426618 08/11/2022 AQUATIC WEED CONTROL INC 145.00 426619 08/11/2022 BRITTON INDUSTRIES INC 626.41 426620 08/11/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 426621 08/11/2022 BREIT TH MHC JV LP 1,000.00 426622 08/11/2022 LAWRENCE F WALLIN 25.00 426623 08/11/2022 VERO COLLISION II LLC 2,571.80 426624 08/11/2022 HIREQUEST LLC 4,995.89 426625 08/11/2022 PETERBILT STORE SOUTH FLORIDA LLC 145.48 426626 08/11/2022 A TEAM OF THE TREASURE COAST INC 860.00 426627 08/11/2022 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 426628 08/11/2022 SEEBER LLC 2,757.00 426629 08/11/2022 C&W ENGINEERING INC 1,255.75 426630 08/11/2022 SANDHILL ENVIRONMENTAL SERVICES LLC 1,677.70 426631 08/11/2022 SHRIEVE CHEMICAL CO LLC 7,184.93 426632 08/11/2022 BTAC HOLDING CORP 6,786.59 426633 08/11/2022 CRYSTAL MCANELLY DIVERS 60.00 426634 08/11/2022 SMART SOURCE OF MICHIGAN LLC 3,141.00 426635 08/11/2022 TARKETT USA INC 37,688.10 426636 08/11/2022 SCOTT SEELEY 300.00 27 TRANS NBR DATE VENDOR AMOUNT 426637 08/11/2022 STUART STAMP & ENGRAVING LLC 31.00 426638 08/11/2022 ROBERT WILLIAMS D 1,000.00 426639 08/11/2022 OSCEOLA PHARMACY 90.00 426640 08/11/2022 RONALD MARASCO SR 380.00 426641 08/11/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 426642 08/11/2022 JEFFERYHOGUES 4,100.00 426643 08/11/2022 LISA ARLENE COBURN 40.00 426644 08/11/2022 JORDAN ROSE 5,475.54 426645 08/11/2022 TAYLOR NELSON AUXIER 145.00 426646 08/11/2022 JENNIFER MACKINNON 295.00 426647 08/11/2022 M JARED SMITH 368.00 426648 08/11/2022 PREMIER NURSERIES LLC 3,679.34 426649 08/11/2022 MARQUES FREEMAN 4,351.27 426650 08/11/2022 MICHAELAMANTE 670.00 426651 08/11/2022 PAIGE K BROWN 580.00 426652 08/11/2022 BLUETARP FINANCIAL INC 200.96 426653 08/11/2022 DOROTHY E MACEY 1,000.00 Grand Total: 1,316,972.69 28 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902114 08/11/2022 902115 08/11/2022 Grand Total: VENDOR AMAZON CAPITAL SERVICES INC BEDS4HIM INC AMOUNT 718.28 395.00 1,113.28 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019849 08/05/2022 AT&T CORP 3,321.10 1019850 08/05/2022 OFFICE DEPOT INC 405.48 1019851 08/05/2022 COMCAST 327.60 1019852 08/05/2022 WASTE MANAGEMENT INC OF FLORIDA 176.80 1019853 08/08/2022 AT&T CORP 971.00 1019854 08/08/2022 AT&T CORP 5.29 1019855 08/08/2022 OFFICE DEPOT INC 1,182.96 1019856 08/08/2022 COMCAST 83.50 1019857 08/08/2022 WASTE MANAGEMENT INC OF FLORIDA 980.15 1019858 08/11/2022 INDIAN RIVER OXYGEN INC 3,892.58 1019859 08/11/2022 DEMCOINC 729.66 1019860 08/11/2022 MIKES GARAGE & WRECKER SERVICE INC 585.00 1019861 08/11/2022 MEEKS PLUMBING INC 490.00 1019862 08/11/2022 IRRIGATION CONSULTANTS UNLIMITED INC 2,397.03 1019863 08/11/2022 GROVE WELDERS INC 489.77 1019864 08/11/2022 STRYKER SALES CORP 1,129.50 1019865 08/11/2022 L&L DISTRIBUTORS 1,483.38 1019866 08/11/2022 STAT MEDICAL DISPOSAL INC 270.00 1019867 08/11/2022 HYDRA SERVICE (S) INC 65,920.00 1019868 08/11/2022 WRIGHT FASTENER COMPANY LLC 278.00 1019869 08/11/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1019870 08/11/2022 GUARDIAN ALARM OF FLORIDA LLC 460.00 1019871 08/11/2022 NEXAIR LLC 54.79 1019872 08/11/2022 EFE INC 1,247.24 1019873 08/11/2022 CARLON INC 1,106.40 Grand Total: 88,087.23 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9792 08/05/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 83,978.77 9793 08/05/2022 IRC FIRE FIGHTERS ASSOC 10,150.36 9794 08/05/2022 FL SDU 3,314.24 9795 08/08/2022 PUBLIC DEFENDER 3,560.27 9796 08/08/2022 VEROTOWN LLC 245,663.14 9797 08/08/2022 VEROTOWN LLC 84,449.15 9798 08/08/2022 IRS -PAYROLL TAXES 500,401.49 9799 08/08/2022 RX BENEFITS INC 2,250.22 9800 08/09/2022 HEALTH ADVOCATE SOLUTIONS INC 2,011.20 9801 08/10/2022 HUMANE SOCIETY 43,000.00 9802 08/10/2022 INDIAN RIVER COUNTY SHERIFF 26,868.08 9803 08/11/2022 APTIM CORP 2,901.00 9804 08/11/2022 EDH HOLDINGS LLC 41.50 Grand Total: 1,008,589.42 31 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 18, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 12, 2022 to August 18, 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 August 12, 2022 to August 18, 2022. 8, C. 32 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 426654 08/15/2022 AMERITAS 1,240.64 426655 08/17/2022 DOUBLETREE HOTEL 372.00 426656 08/18/2022 AT&T WIRELESS 93.04 426657 08/18/2022 AT&T WIRELESS 915.11 426658 08/18/2022 MEEKS PLUMBING INC 2,500.00 426659 08/18/2022 NSI ALPHA CORPORATION 142.00 426660 08/18/2022 CELICO PARTNERSHIP 5,208.75 426661 08/18/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 96.96 426662 08/18/2022 SOUTHERN MANAGEMENT LLC 9,357.75 426663 08/18/2022 LIFESTYLE HOMES BUILDERS INC 10,845.38 426664 08/18/2022 BOWMAN CONSULTING GROUP LTD 3,089.00 426665 08/18/2022 TETRA TECH INC 7,964.20 426666 08/18/2022 AMAZON CAPITAL SERVICES INC 19.95 426667 08/18/2022 WITT O'BRIEN'S LLC 1,950.50 426668 08/18/2022 DEVIN HAMILTON 250.00 426669 08/18/2022 DENISE EISWERTH 390.01 426670 08/18/2022 MARTHA BARRY 420.01 426671 08/18/2022 STEVE D BROCK 120.00 426672 08/18/2022 UTIL REFUNDS 62.33 426673 08/18/2022 UTIL REFUNDS 75.33 426674 08/18/2022 UTIL REFUNDS 77.37 426675 08/18/2022 UTIL REFUNDS 360.63 426676 08/18/2022 UTIL REFUNDS 73.47 426677 08/18/2022 UTIL REFUNDS 46.06 426678 08/18/2022 UTIL REFUNDS 36.13 426679 08/18/2022 UTIL REFUNDS 2.33 426680 08/18/2022 UTIL REFUNDS 33.16 426681 08/18/2022 UTIL REFUNDS 58.41 426682 08/18/2022 UTIL REFUNDS 61.55 426683 08/18/2022 UTIL REFUNDS 692.23 426684 08/18/2022 UTIL REFUNDS 40.06 426685 08/18/2022 UTIL REFUNDS 81.70 426686 08/18/2022 UTIL REFUNDS 152.48 426687 08/18/2022 UTIL REFUNDS 61.11 426688 08/18/2022 UTIL REFUNDS 63.52 426689 08/18/2022 UTIL REFUNDS 26.57 426690 08/18/2022 UTIL REFUNDS 365.23 426691 08/18/2022 UTIL REFUNDS 90.31 426692 08/18/2022 UTIL REFUNDS 44.96 426693 08/18/2022 UTIL REFUNDS 54.95 426694 08/18/2022 UTIL REFUNDS 7.72 426695 08/18/2022 UTIL REFUNDS 32.96 426696 08/18/2022 UTIL REFUNDS 21.09 426697 08/18/2022 UTIL REFUNDS 66.23 426698 08/18/2022 UTIL REFUNDS 24.23 426699 08/18/2022 UTIL REFUNDS 34.43 426700 08/18/2022 UTIL REFUNDS 59.64 426701 08/18/2022 UTIL REFUNDS 428.00 426702 08/18/2022 UTIL REFUNDS 91.20 426703 08/18/2022 UTIL REFUNDS 74.00 426704 08/18/2022 UTIL REFUNDS 49.43 426705 08/18/2022 UTIL REFUNDS 43.85 426706 08/18/2022 UTIL REFUNDS 55.51 426707 08/18/2022 UTIL REFUNDS 42.56 426708 08/18/2022 UTIL REFUNDS 157.39 426709 08/18/2022 UTIL REFUNDS 60.98 426710 08/18/2022 UTIL REFUNDS 70.67 426711 08/18/2022 UTIL REFUNDS 71.21 33 TRANS NBR DATE VENDOR AMOUNT 426712 08/18/2022 UTIL REFUNDS 35.34 426713 08/18/2022 UTIL REFUNDS 36.15 426714 08/18/2022 UTIL REFUNDS 22.48 426715 08/18/2022 UTIL REFUNDS 83.80 426716 08/18/2022 UTIL REFUNDS 74.24 426717 08/18/2022 UTIL REFUNDS 5.94 426718 08/18/2022 UTIL REFUNDS 55.61 426719 08/18/2022 UTIL REFUNDS 49.89 426720 08/18/2022 UTIL REFUNDS 284.77 426721 08/18/2022 UTIL REFUNDS 77.52 426722 08/18/2022 UTIL REFUNDS 100.00 426723 08/18/2022 UTIL REFUNDS 30.71 426724 08/18/2022 UTIL REFUNDS 17.34 426725 08/18/2022 UTIL REFUNDS 28.48 426726 08/18/2022 UTIL REFUNDS 80.02 426727 08/18/2022 UTIL REFUNDS 28.16 426728 08/18/2022 UTIL REFUNDS 11.13 426729 08/18/2022 UTIL REFUNDS 141.93 426730 08/18/2022 UTIL REFUNDS 40.52 426731 08/18/2022 UTIL REFUNDS 56.06 426732 08/18/2022 UTIL REFUNDS 46.42 426733 08/18/2022 UTIL REFUNDS 78.64 426734 08/18/2022 UTIL REFUNDS 82.33 426735 08/18/2022 UTIL REFUNDS 118.74 426736 08/18/2022 UTIL REFUNDS 78.38 426737 08/18/2022 UTIL REFUNDS 65.55 426738 08/18/2022 UTIL REFUNDS 88.37 426739 08/18/2022 UTIL REFUNDS 32.98 426740 08/18/2022 UTIL REFUNDS 18.64 426741 08/18/2022 UTIL REFUNDS 67.97 426742 08/18/2022 UTIL REFUNDS 39.48 426743 08/18/2022 UTIL REFUNDS 74.69 426744 08/18/2022 UTIL REFUNDS 73.37 426745 08/18/2022 UTIL REFUNDS 34.85 426746 08/18/2022 UTIL REFUNDS 81.88 426747 08/18/2022 UTIL REFUNDS 68.81 426748 08/18/2022 UTIL REFUNDS 2.46 426749 08/18/2022 UTIL REFUNDS 100.00 426750 08/18/2022 UTIL REFUNDS 16.40 426751 08/18/2022 UTIL REFUNDS 50.00 426752 08/18/2022 UTIL REFUNDS 19.21 426753 08/18/2022 UTIL REFUNDS 44.57 426754 08/18/2022 UTIL REFUNDS 38.92 426755 08/18/2022 UTIL REFUNDS 15.13 426756 08/18/2022 UTIL REFUNDS 14.55 426757 08/18/2022 UTIL REFUNDS 65.30 426758 08/18/2022 UTIL REFUNDS 12.45 426759 08/18/2022 UTIL REFUNDS 39.97 426760 08/18/2022 UTIL REFUNDS 2.80 426761 08/18/2022 UTIL REFUNDS 40.11 426762 08/18/2022 UTIL REFUNDS 4.77 426763 08/18/2022 UTIL REFUNDS 63.50 426764 08/18/2022 UTIL REFUNDS 31.56 426765 08/18/2022 UTIL REFUNDS 69.52 426766 08/18/2022 COMMUNICATIONS INTERNATIONAL 202.25 426767 08/18/2022 APPLE INDUSTRIAL SUPPLY CO 49.37 426768 08/18/2022 TIRESOLES OF BROWARD INC 5,889.14 426769 08/18/2022 CALL ONE INC 170.00 426770 08/18/2022 DELL MARKETING LP 1,305.00 426771 08/18/2022 MIDWEST TAPE LLC 1,115.07 34 TRANS NBR DATE VENDOR AMOUNT 426772 08/18/2022 CENGAGE LEARNING INC 94.48 426773 08/18/2022 CITY OF VERO BEACH 1,245.12 426774 08/18/2022 FLORIDA POWER AND LIGHT 3,350.73 426775 08/18/2022 LANGUAGE LINE SERVICES INC 345.63 426776 08/18/2022 NIGP 370.00 426777 08/18/2022 CAROLE J MADIGAN 2,211.00 426778 08/18/2022 CHIPS AUTO GLASS 447.30 426779 08/18/2022 DANA SAFETY SUPPLY INC 708.32 426780 08/18/2022 DANA SAFETY SUPPLY INC 3,910.33 426781 08/18/2022 OVERDRIVE INC 1,962.15 426782 08/18/2022 CDW LLC 120.21 426783 08/18/2022 COLE AUTO SUPPLY INC 868.10 426784 08/18/2022 DIRECTV GROUP INC 102.39 426785 08/18/2022 AMAZON CAPITAL SERVICES INC 2,278.63 426786 08/18/2022 AMERIGAS PROPANE LP 2,258.67 426787 08/18/2022 GATEWAY SERVICES USA LLC 56.00 426788 08/18/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 165.23 426789 08/18/2022 ECONOLITE SYSTEMS INC 22,641.00 426790 08/18/2022 STAPLES INC 40.08 426791 08/18/2022 THE LIBRARY STORE INC 264.56 426792 08/18/2022 BTAC HOLDING CORP 3,836.99 426793 08/18/2022 CARIBE ROYALE HOTEL 149.00 426794 08/18/2022 MICHAEL ZITO 86.01 426795 08/18/2022 SUSAN ADAMS 244.78 426796 08/18/2022 CHRISTOPHER HANSON 107.00 426797 08/18/2022 ALEXANDRIA NICHOLAS 252.64 Grand Total: 108,715.88 35 TRANS. NBR 1019874 1019875 1019876 1019877 1019878 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE VENDOR 08/17/2022 AT&T CORP 08/17/2022 AT&T CORP 08/17/2022 OFFICE DEPOT INC 08/17/2022 COMCAST 08/17/2022 WASTE MANAGEMENT INC OF FLORIDA AMOUNT 6.35 6.35 1,983.20 316.85 5,419.00 7,731.75 36 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9805 08/15/2022 IRS -PAYROLL TAXES 4,722.24 9806 08/15/2022 FLORIDA DEPARTMENT OF REVENUE 2,275.64 9807 08/15/2022 FLORIDA DEPARTMENT OF REVENUE 14,391.77 9808 08/15/2022 FLORIDA DEPARTMENT OF REVENUE 5,059.13 9809 08/15/2022 FLORIDA DEPARTMENT OF REVENUE 969.68 9810 08/17/2022 SCHOOL DISTRICT OF I R COUNTY 93,491.00 9811 08/18/2022 KIMLEY HORN & ASSOC INC 29,180.45 9812 08/18/2022 KIMLEY HORN & ASSOC INC 38,431.44 9813 08/18/2022 RX BENEFITS INC 237,035.27 9814 08/18/2022 APTIM CORP 50,957.10 9815 08/18/2022 SAVE ON SP LLC 19,967.99 9816 08/18/2022 EDH HOLDINGS LLC 155.50 Grand Total: 496,637.21 37 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 1h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 25, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 19, 2022 to August 25, 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 August 19, 2022 to August 25, 2022. 38 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 426798 08/19/2022 UNITED WAY OF INDIAN RIVER COUNTY 675.00 426799 08/19/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,524.54 426800 08/19/2022 NORTH CAROLINA CHILD SUPPORT 55.38 426801 08/19/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 426802 08/19/2022 NORTH DAKOTA CHILD SUPPORT 228.47 426803 08/25/2022 CITY OF VERO BEACH 7,000.00 426804 08/25/2022 FLORIDA STORMWATER ASSOCIATION INC 438.00 426805 08/25/2022 JOSEPH EARMAN 38.18 426806 08/25/2022 RYAN LLOYD 119.00 426807 08/25/2022 RICOH USA INC 24.92 426808 08/25/2022 AT&T WIRELESS 299.30 426809 08/25/2022 AT&T WIRELESS 350.40 426810 08/25/2022 AT&T WIRELESS 951.93 426811 08/25/2022 AT&T WIRELESS 147.92 426812 08/25/2022 AT&T WIRELESS 157.38 426813 08/25/2022 REPUBLIC SERVICES INC 776,914.49 426814 08/25/2022 PARAGON ELECTRIC OF VERO INC 225,608.47 426815 08/25/2022 CLERK OF CIRCUIT COURT 105,670.00 426816 08/25/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 426817 08/25/2022 ROGER J NICOSIA 1,500.00 426818 08/25/2022 CITY OF VERO BEACH 2,230.37 426819 08/25/2022 CITY OF VERO BEACH 11,987.50 426820 08/25/2022 AT&T CORP 1,704.00 426821 08/25/2022 AT&T CORP 1,253.97 426822 08/25/2022 INTERNATIONAL GOLF MAINTENANCE INC 101,775.60 426823 08/25/2022 GEOSYNTEC CONSULTANTS INC 43,147.54 426824 08/25/2022 STATE ATTORNEY 8,742.49 426825 08/25/2022 SUNSHINE STATE ONE CALL OF FL INC 1,667.51 426826 08/25/2022 TLC DIVERSIFIED INC 336,960.04 426827 08/25/2022 FLORIDA ENGINEERING SOCIETY 210.00 426828 08/25/2022 ST LUCIE COUNTY BOCC 40,484.33 426829 08/25/2022 ARCADIS U S INC 6,008.50 426830 08/25/2022 CELICO PARTNERSHIP 36.07 426831 08/25/2022 MASTELLER & MOLER INC 43,076.80 426832 08/25/2022 AMERICAN WATER WORKS ASSOCIATION 142.00 426833 08/25/2022 1 ST FIRE & SECURITY INC 26,575.00 426834 08/25/2022 SOUTHERN MANAGEMENT LLC 24,450.00 426835 08/25/2022 NAPIER & ROLLIN PLLC 262.50 426836 08/25/2022 THE TRANSIT GROUP INC 12,353.90 426837 08/25/2022 ANFIELD CONSULTING GROUP INC 10,000.00 426838 08/25/2022 CENTERLINE UTILITIES INC 1,082,531.59 426839 08/25/2022 STATE OF FLORIDA 19,974.18 426840 08/25/2022 AMAZON CAPITAL SERVICES INC 195.46 426841 08/25/2022 LOWES COMPANIES INC 56.96 426842 08/25/2022 PATRIOT RESPONSE GROUP LLC 18,438.00 426843 08/25/2022 WASTE MANAGEMENT INC OF FLORIDA 0.99 426844 08/25/2022 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 37,114.40 426845 08/25/2022 CLEAN SPACE INC 15,530.91 426846 08/25/2022 CENSTATE CONTRACTORS INC 45,676.52 426847 08/25/2022 SUN PATRICK ARCHITECTURE INC 127,562.50 426848 08/25/2022 GIBRALTAR CONSTRUCTION COMPANY INC 93,501.65 426849 08/25/2022 MDLV LLC 1,000.00 426850 08/25/2022 SPIEZLE ARCHITECTURAL GROUP INC 400.00 426851 08/25/2022 ACP FACILITY SERVICES 23,473.82 426852 08/25/2022 OHLA USA INC 217,089.66 426853 08/25/2022 ROBERT WHITEHEAD 136.00 426854 08/25/2022 UTIL REFUNDS 60.94 426855 08/25/2022 UTIL REFUNDS 24.08 39 TRANS NBR DATE VENDOR AMOUNT 426856 08/25/2022 UTIL REFUNDS 28.99 426857 08/25/2022 UTIL REFUNDS 27.07 426858 08/25/2022 UTIL REFUNDS 26.48 426859 08/25/2022 UTIL REFUNDS 25.91 426860 08/25/2022 UTIL REFUNDS 83.69 426861 08/25/2022 UTIL REFUNDS 101.92 426862 08/25/2022 UTIL REFUNDS 77.37 426863 08/25/2022 UTIL REFUNDS 53.21 426864 08/25/2022 UTIL REFUNDS 91.35 426865 08/25/2022 UTIL REFUNDS 57.08 426866 08/25/2022 UTIL REFUNDS 40.59 426867 08/25/2022 UTIL REFUNDS 100.00 426868 08/25/2022 UTIL REFUNDS 52.44 426869 08/25/2022 UTIL REFUNDS 61.56 426870 08/25/2022 UTIL REFUNDS 135.70 426871 08/25/2022 UTIL REFUNDS 15.97 426872 08/25/2022 UTIL REFUNDS 41.50 426873 08/25/2022 UTIL REFUNDS 22.22 426874 08/25/2022 UTIL REFUNDS 67.87 426875 08/25/2022 UTIL REFUNDS 53.48 426876 08/25/2022 UTIL REFUNDS 63.46 426877 08/25/2022 UTIL REFUNDS 18.00 426878 08/25/2022 UTIL REFUNDS 93.84 426879 08/25/2022 UTIL REFUNDS 77.82 426880 08/25/2022 UTIL REFUNDS 113.79 426881 08/25/2022 UTIL REFUNDS 10.95 426882 08/25/2022 UTIL REFUNDS 51.80 426883 08/25/2022 UTIL REFUNDS 34.46 426884 08/25/2022 UTIL REFUNDS 4.28 426885 08/25/2022 UTIL REFUNDS 516.33 426886 08/25/2022 UTIL REFUNDS 163.19 426887 08/25/2022 UTIL REFUNDS 139.09 426888 08/25/2022 UTIL REFUNDS 33.60 426889 08/25/2022 UTIL REFUNDS 21.54 426890 08/25/2022 UTIL REFUNDS 1.84 426891 08/25/2022 UTIL REFUNDS 88.53 426892 08/25/2022 UTIL REFUNDS 67.66 426893 08/25/2022 UTIL REFUNDS 42.30 426894 08/25/2022 PORT CONSOLIDATED INC 868.35 426895 08/25/2022 TEN -8 FIRE EQUIPMENT INC 2,158.43 426896 08/25/2022 RANGER CONSTRUCTION IND INC 2,839.48 426897 08/25/2022 VERO CHEMICAL DISTRIBUTORS INC 176.80 426898 08/25/2022 PALMDALE OIL COMPANY INC 9,616.34 426899 08/25/2022 RICOH USA INC 31.56 426900 08/25/2022 HENRY SCHEIN INC 1,202.27 426901 08/25/2022 DATA FLOW SYSTEMS INC 1,754.00 426902 08/25/2022 SUB AQUATICS INC 672.56 426903 08/25/2022 INDIAN RIVER BATTERY 169.10 426904 08/25/2022 GRAINGER 2,734.47 426905 08/25/2022 SAFETY KLEEN SYSTEMS INC 363.50 426906 08/25/2022 GRAYBAR ELECTRIC CO INC 4,596.35 426907 08/25/2022 REPUBLIC SERVICES INC 20,677.19 426908 08/25/2022 APPLE INDUSTRIAL SUPPLY CO 10.65 426909 08/25/2022 HACH CO 14,099.15 426910 08/25/2022 LFI FORT PIERCE INC 769.88 426911 08/25/2022 CLIFF BERRY INC 1,197.35 426912 08/25/2022 MASTELLER MOLER & TAYLOR INC 800.00 426913 08/25/2022 PARAGON ELECTRIC OF VERO INC 9,111.00 426914 08/25/2022 CALL ONE INC 2,208.00 426915 08/25/2022 CARTER ASSOCIATES INC 1,342.00 40 TRANS NBR DATE VENDOR AMOUNT 426916 08/25/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,900.00 426917 08/25/2022 UTILITY SERVICE CO INC 5,599.00 426918 08/25/2022 NORTHERN SAFETY CO INC 90.00 426919 08/25/2022 ODYSSEY MANUFACTURING CO 2,066.13 426920 08/25/2022 HARRINGTON INDUSTRIAL PLASTICS LLC 441.89 426921 08/25/2022 BAKER DISTRIBUTING CO LLC 107.52 426922 08/25/2022 CLERK OF CIRCUIT COURT 170.30 426923 08/25/2022 INDIAN RIVER COUNTY HEALTH DEPT 182.00 426924 08/25/2022 CITY OF VERO BEACH 1,157.33 426925 08/25/2022 APPLE MACHINE & SUPPLY CO 428.50 426926 08/25/2022 INDIAN RIVER ALL FAB INC 14,773.92 426927 08/25/2022 HOME DEPOT USA INC 226.93 426928 08/25/2022 HOME DEPOT USA INC 806.57 426929 08/25/2022 LIVINGSTON PAGE 450.00 426930 08/25/2022 JANITORIAL DEPOT OF AMERICA INC 218.52 426931 08/25/2022 TREASURE COAST HOMELESS SERVICES 5,066.59 426932 08/25/2022 ACUSHNET COMPANY 1,303.71 426933 08/25/2022 TYLER TECHNOLOGIES INC 833.27 426934 08/25/2022 COMO OIL COMPANY OF FLORIDA 166.37 426935 08/25/2022 FLORIDA POWER AND LIGHT 85,719.12 426936 08/25/2022 WALTER KOMARNICKI SR 225.00 426937 08/25/2022 TAYLOR MADE GOLF CO INC 1,052.24 426938 08/25/2022 COMPLETE ELECTRIC INC 915.15 426939 08/25/2022 TREASURE COAST SPORTS COMMISSION INC 8,876.30 426940 08/25/2022 TROY FAIN INSURANCE INC 32.95 426941 08/25/2022 IRC HEALTHY START COALITION INC 1,666.66 426942 08/25/2022 HENRY SMITH 380.00 426943 08/25/2022 MUSCO SPORTS LIGHTING LLC 3,325.00 426944 08/25/2022 CHILDRENS HOME SOCIETY OF FL 1,750.00 426945 08/25/2022 ELXSI INC 591.82 426946 08/25/2022 INDIAN RIVER COUNTY BAR ASSOCIATION INC 125.00 426947 08/25/2022 RECHTIEN INTERNATIONAL TRUCKS 1,045.25 426948 08/25/2022 ST LUCIE COUNTY BOCC 7,568.10 426949 08/25/2022 TRANE US INC 2,333.66 426950 08/25/2022 HULETT ENVIRONMENTAL SERVICES 539.00 426951 08/25/2022 CINTAS CORPORATION NO 2 125.69 426952 08/25/2022 CONTROL SYSTEMS DESIGN INC 1,500.00 426953 08/25/2022 ELECTRONIC ACCESS SPECIALIST 1,081.75 426954 08/25/2022 THE SHERWIN WILLIAMS CO 521.75 426955 08/25/2022 THE SHERWIN WILLIAMS CO 195.68 426956 08/25/2022 SOUTHERN JANITOR SUPPLY INC 2,125.07 426957 08/25/2022 MASTELLER & MOLER INC 3,925.00 426958 08/25/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 7,492.14 426959 08/25/2022 ORCHID ISLAND PROPERTY MGMT II INC 670.00 426960 08/25/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 113.51 426961 08/25/2022 JOHNNY B SMITH 120.00 426962 08/25/2022 DANE MACDONALD 225.00 426963 08/25/2022 Y R M CORPORATION 601.00 426964 08/25/2022 CEMEX INC 163.50 426965 08/25/2022 PETER J CASSARA 1,400.00 426966 08/25/2022 VATLAND IMPORTS INC 93.24 426967 08/25/2022 NICOLACE MARKETING INC 6,643.40 426968 08/25/2022 FLORIDA COAST EQUIPMENT INC 2,884.70 426969 08/25/2022 BERMUDA SANDS APPAREL LLC 1,359.31 426970 08/25/2022 XYLEM WATER SOLUTION USA INC 4,305.40 426971 08/25/2022 NEWSOM OIL COMPANY 1,302.50 426972 08/25/2022 MUNICIPAL EMERGENCY SERVICES INC 480.25 426973 08/25/2022 BURNETT LIME CO INC 10,027.28 426974 08/25/2022 BURNETT LIME CO INC 1,947.00 426975 08/25/2022 DEBORAH CUEVAS 125.00 41 TRANS NBR DATE VENDOR AMOUNT 426976 08/25/2022 THE TRANSIT GROUP INC 2,842.61 426977 08/25/2022 CATHEDRAL CORPORATION 3,290.49 426978 08/25/2022 JENNIFER HYDE 275.00 426979 08/25/2022 UNIFIRST CORPORATION 2,605.01 426980 08/25/2022 CDA SOLUTIONS INC 180.00 426981 08/25/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 4,723.92 426982 08/25/2022 GOTTA GO GREEN ENTERPISES INC 312.75 426983 08/25/2022 HYDROMAX USA LLC 30,422.00 426984 08/25/2022 WURTH USA INC 231.47 426985 08/25/2022 MATHESON TRI-GAS INC 5,073.90 426986 08/25/2022 ROBERT O RICHARDSON III 140.00 426987 08/25/2022 COLE AUTO SUPPLY INC 234.54 426988 08/25/2022 GARLAND DBS INC 87,116.41 426989 08/25/2022 BETH NOLAN 84.00 426990 08/25/2022 DAY DREAMS UNIFORMS INC 34.95 426991 08/25/2022 FLORIDA BULB & BALLAST INC 1,935.65 426992 08/25/2022 JOSEPH ELLIOTT USA LLC 424.07 426993 08/25/2022 CORE & MAIN LP 69,077.75 426994 08/25/2022 WOERNER AGRIBUSINESS LLC 152.00 426995 08/25/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 3,808.00 426996 08/25/2022 EMPIRE PIPE ORLANDO LLC 381.32 426997 08/25/2022 TAYLOR ANNE HATTON 110.00 426998 08/25/2022 AMAZON CAPITAL SERVICES INC 1,310.86 426999 08/25/2022 TREASURE COAST PLUMBING LLC 337.75 427000 08/25/2022 PACE ANALYTICAL SERVICES LLC 317.30 427001 08/25/2022 PACE ANALYTICAL SERVICES LLC 1,274.21 427002 08/25/2022 AMERIGAS PROPANE LP 4,224.48 427003 08/25/2022 ILLINOIS TOOL WORKS 135.06 427004 08/25/2022 AUSTIN REYNOLDS 150.00 427005 08/25/2022 ITW FOOD EQUIPMENT GROUP LLC 705.24 427006 08/25/2022 JORDAN POWER EQUIPMENT CORP 374.20 427007 08/25/2022 JORDAN POWER EQUIPMENT CORP 68.48 427008 08/25/2022 LIBERTY TIRE RECYCLING LLC 11,180.00 427009 08/25/2022 SOUTHERN MAJESTIC HOMES 12,000.00 427010 08/25/2022 JUDITH A BURLEY 231.00 427011 08/25/2022 CIVICPLUS LLC 24,734.96 427012 08/25/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 494.44 427013 08/25/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 427014 08/25/2022 DESK SPINCO INC 784.81 427015 08/25/2022 FERGUSON US HOLDINGS INC 2,628.00 427016 08/25/2022 BLUE GOOSE CONSTRUCTION LLC 919.77 427017 08/25/2022 STAPLES INC 316.89 427018 08/25/2022 STAPLES INC 199.99 427019 08/25/2022 LOWES COMPANIES INC 6,048.77 427020 08/25/2022 SMI TRADING LLC 154.32 427021 08/25/2022 CHRIS ZAVESKY 530.00 427022 08/25/2022 SONRISE APARTMENT PROPERTIES LLC 900.33 427023 08/25/2022 ROBERT A HUDSON 200.00 427024 08/25/2022 THEODORE SEMI 645.00 427025 08/25/2022 QUADMED INC 4,454.38 427026 08/25/2022 SOUTH FLORIDA EMERGENCY VEHICLES LLC 9,849.11 427027 08/25/2022 BRITTON INDUSTRIES INC 513.88 427028 08/25/2022 LAWRENCE F WALLIN 120.00 427029 08/25/2022 HIREQUEST LLC 4,580.46 427030 08/25/2022 A TEAM OF THE TREASURE COAST INC 860.00 427031 08/25/2022 CER SIGNATURE CLEANING LLC 2,850.00 427032 08/25/2022 SHAMROCK ENVIRONMENTAL CORPORATION 17,973.48 427033 08/25/2022 WESTERN OILFIELDS SUPPLY COMPANY 11,330.46 427034 08/25/2022 GOMEZ BROTHERS CONTRACT SERVICES 1,863.00 427035 08/25/2022 PIVOTAL UTILITY HOLDINGS INC 36.26 42 4 TRANS NBR DATE VENDOR AMOUNT 427036 08/25/2022 STRATEGIC GOVERNMENT RESOURCES INC 1,295.00 427037 08/25/2022 ALOE CARE INTERNATIONAL LLC 1,022.46 427038 08/25/2022 SHRIEVE CHEMICAL CO LLC 21,618.74 427039 08/25/2022 BTAC HOLDING CORP 4,533.39 427040 08/25/2022 CRYSTAL MCANELLY DIVERS 45.00 427041 08/25/2022 TARKETT USA INC 11,765.47 427042 08/25/2022 SEVEN ISLES CAPITAL 2,667.00 427043 08/25/2022 SCOTT SEELEY 75.00 427044 08/25/2022 LEGENDARY HEADWEAR 751.98 427045 08/25/2022 RONALD MARASCO SR 200.00 427046 08/25/2022 MIWANA SARGENT 20.00 427047 08/25/2022 TAYLOR NELSON AUXIER 125.00 427048 08/25/2022 STERLING CUT GLASS CO INC 5,157.14 427049 08/25/2022 FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 165.50 427050 08/25/2022 M JARED SMITH 27.00 427051 08/25/2022 ALERTS INTERNATIONAL LLC 9,075.00 427052 08/25/2022 BLUETARP FINANCIAL INC 107.62 427053 08/25/2022 LISA LUEG 1,000.00 Grand Total: 4,172,335.01 43 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902116 08/25/2022 902117 08/25/2022 902118 08/25/2022 902119 08/25/2022 902120 08/25/2022 902121 08/25/2022 Grand Total: VENDOR MCLAUGHLIN PROPERTIES LLC PJD HOLDINGS LLC ORCHARD GROVE VENTURE LLC SREIT LEXINGTON CLUB LLC STREIT RIVER PARK PLACE LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 366.00 1,134.00 700.00 787.00 133.00 689.00 3,809.00 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019879 08/25/2022 NORTH SOUTH SUPPLY INC 42.90 1019880 08/25/2022 INDIAN RIVER OXYGEN INC 312.26 1019881 08/25/2022 GALLS LLC 1,008.82 1019882 08/25/2022 MEEKS PLUMBING INC 383.40 1019883 08/25/2022 MEEKS PLUMBING INC 2,123.10 1019884 08/25/2022 IRRIGATION CONSULTANTS UNLIMITED INC 429.07 1019885 08/25/2022 GROVE WELDERS INC 57.58 1019886 08/25/2022 STAT MEDICAL DISPOSAL INC 500.00 1019887 08/25/2022 HYDRA SERVICE (S) INC 20,366.00 1019888 08/25/2022 GUARDIAN ALARM OF FLORIDA LLC 293.34 1019889 08/25/2022 NEXAIR LLC 115.52 1019890 08/25/2022 EFE INC 284.16 Grand Total: 25,916.15 45 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 9817 08/19/2022 FL SDU 9818 08/19/2022 IRC FIRE FIGHTERS ASSOC 9819 08/19/2022 TEAMSTERS LOCAL UNION #769 9820 08/19/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9821 08/19/2022 MUTUAL OF OMAHA 9822 08/19/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 9823 08/19/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 9824 08/22/2022 IRS -PAYROLL TAXES 9825 08/23/2022 ATLAS ORGANICS INDIAN RIVER LLC 9826 08/23/2022 VEROTOWN LLC 9827 08/23/2022 SENIOR RESOURCE ASSOCIATION 9828 08/23/2022 EDH HOLDINGS LLC 9829 08/23/2022 IRC CHAMBER OF COMMERCE 9830 08/23/2022 IRC CHAMBER OF COMMERCE 9831 08/23/2022 INDIAN RIVER COUNTY SHERIFF 9832 08/23/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 9833 08/23/2022 WRIGHT EXPRESS FSC 9834 08/25/2022 EDH HOLDINGS LLC 9835 08/25/2022 KIMLEY HORN & ASSOC INC 9836 08/25/2022 TIMOTHY ROSE CONTRACTING INC 9837 08/25/2022 KIMLEY HORN & ASSOC INC 9838 08/25/2022 CER SIGNATURE CLEANING LLC Grand Total: 3,314.24 10,070.20 5,127.00 10,910.00 2,876.25 117,440.24 128.54 493,873.64 268,274.20 36,948.72 95,460.00 5,391.75 19,065.76 34,316.63 161,900.00 38,531.23 44,416.97 638.14 1,273.90 7,203.14 4,583.10 12,852.00 1,374,595.65 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 1, 2022 5'e, SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 26, 2022 to September 1, 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 August 26, 2022 to September 1, 2022. 47 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 427054 08/26/2022 WILLIE C REAGAN 1,880.00 427055 08/26/2022 TREASURE COAST HOMELESS SERVICES 13,924.92 427056 08/26/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 427057 08/26/2022 LARRY STALEY 706.00 427058 08/26/2022 DAVID SPARKS 808.00 427059 08/26/2022 FORT PIERCE HOUSING AUTHORITY 825.00 427060 08/26/2022 THE PALMS AT VERO BEACH 2,380.00 427061 08/26/2022 ARTHUR PRUETT 798.00 427062 08/26/2022 MICHAEL JAHOLKOWSKI 554.00 427063 08/26/2022 RICHARD SCHLITT 862.00 427064 08/26/2022 SUNCOAST REALTY & RENTAL MGMT LLC 419.00 427065 08/26/2022 PAMELA R CUMMINGS 689.00 427066 08/26/2022 INDIAN RIVER RDA LP 532.00 427067 08/26/2022 OKEECHOBEE PARTNERS LLC 1,050.00 427068 08/26/2022 MISS INC OF THE TREASURE COAST 2,127.00 427069 08/26/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 427070 08/26/2022 AUGUSTUS B FORT JR 891.00 427071 08/26/2022 H&H SHADOWBROOK LLC 689.00 427072 08/26/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 872.00 427073 08/26/2022 ALIX DENEAU 750.00 427074 08/26/2022 NKW PIP HOLDINGS I LLC 1,963.00 427075 08/26/2022 KARLPOKR.ANDT 1,109.00 427076 08/26/2022 BRANDON ROUER 6,627.00 427077 08/26/2022 HUDSON CONSULTING & MANAGEMENT LLC 716.00 427078 08/26/2022 SHARON P BRENNAN 602.00 427079 08/26/2022 A PLUS PROPERTY MANAGEMENT INC 2,702.00 427080 08/26/2022 ORCHARD GROVE VENTURE LLC 675.00 427081 08/26/2022 GEORGIA KING LLC 757.00 427082 08/26/2022 BREGO PROPERTIES LLC 2,021.00 427083 08/26/2022 SREIT LEXINGTON CLUB LLC 4,581.00 427084 08/26/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 377.00 427085 08/26/2022 MARLBROS HOLDINGS LLC 1,168.00 427086 08/26/2022 JARROD CANNON 1,003.00 427087 08/26/2022 SEUNG KIM 708.00 427088 08/26/2022 NEX-GEN PARTNERS LLC 5,504.00 427089 08/26/2022 EZAS INVESTMENTS LLC 1,300.00 427090 08/26/2022 MICHAEL MILLER 1,361.00 427091 08/26/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 427092 08/26/2022 RS REALTY ADVISORS LLC 2,905.00 427093 08/26/2022 STEVEN GIORDANO 1,400.00 427094 08/26/2022 WILLIAM J LAHEY 1,609.00 427095 08/26/2022 SONIA SUSAN SOSA 993.00 427096 08/26/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 1,200.00 427097 08/26/2022 OSCAR ALVARADO 709.00 427098 08/26/2022 KAREN CHENNELL 2,243.00 427099 08/26/2022 JT VERO PROPERTIES LLC 3,298.00 427100 08/26/2022 SM REALTY PARTNERS LLC 3,192.00 427101 08/26/2022 IXORIA RE LLC 2,556.00 427102 08/29/2022 BAKER DISTRIBUTING CO LLC 52.66 427103 08/29/2022 CITY OF VERO BEACH 2,975.75 427104 08/29/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 57.12 427105 08/29/2022 TRANE US INC 5,328.82 427106 08/29/2022 HULETT ENVIRONMENTAL SERVICES 243.00 427107 08/29/2022 UNIFIRST CORPORATION 70.10 427108 08/29/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 182.39 427109 08/29/2022 DAVE FORD PAINTING INC 5,050.00 427110 08/29/2022 AMERIGAS PROPANE LP 1,346.09 427111 08/29/2022 JORDAN POWER EQUIPMENT CORP 370.47 48 TRANS NBR DATE VENDOR AMOUNT 427112 08/30/2022 MEDICARE PART B FINANCIAL SERVICES 803.14 427113 08/30/2022 UNITED HEALTH CARE INS COMPANY 378.51 427114 08/30/2022 BLUE CROSS BLUE SHIELD 422.65 427115 08/30/2022 HUMANA 441.08 427116 08/30/2022 WEINKAUFF, FRED & BARBARA 107.26 427117 08/30/2022 FLORIDA MEDICAID 480.12 427118 08/30/2022 SANDRA PERRI 87.65 427119 08/30/2022 PAY SOLUTIONS 16.01 427120 08/30/2022 MARTHA C MIXON 21.78 427121 08/30/2022 LUCY POMPILE 103.73 427122 08/30/2022 ELLIOTT BROWN 421.88 427123 08/30/2022 DONALD P MARIONE 1,311.40 427124 08/30/2022 BAYLOR SCOTT & WHITE 9.38 427125 09/01/2022 FLORIDAASSOCIATION OF COUNTIES INC 275.00 427126 09/01/2022 BRIAN FREEMAN 203.58 427127 09/01/2022 LINDA CAGGIANO 200.34 427128 09/01/2022 JON HOWARD 308.94 427129 09/01/2022 MDM BRICKELL HOTEL GROUP LTD 169.00 427130 09/01/2022 AT&T WIRELESS 172.92 427131 09/01/2022 AT&T WIRELESS 43.23 427132 09/01/2022 AT&T WIRELESS 345.84 427133 09/01/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 1,166.66 427134 09/01/2022 CARTER ASSOCIATES INC 622.50 427135 09/01/2022 CHILDCARE RESOURCES OF IRC INC 16,864.02 427136 09/01/2022 HOME DEPOT USA INC 794.62 427137 09/01/2022 AT&T CORP 657.74 427138 09/01/2022 GEOSYNTEC CONSULTANTS INC 16,259.63 427139 09/01/2022 WASTE MANAGEMENT INC 413,655.10 427140 09/01/2022 FLORIDA STATE GOLF ASSOCIATION 1,000.00 427141 09/01/2022 ARCADIS U S INC 28,423.00 427142 09/01/2022 FISHER & PHILLIPS LLP 383.50 427143 09/01/2022 HEATHER ROBERTS 60.00 427144 09/01/2022 DELORES JACOBS 50.00 427145 09/01/2022 KRAUS ASSOCIATES INC 22,875.00 427146 09/01/2022 STATE OF FLORIDA 19,804.38 427147 09/01/2022 CONSOR ENGINEERS LLC 135,010.90 427148 09/01/2022 VERNON SHILOH 45.00 427149 09/01/2022 NATALYAYENGALYCHEVA 61.47 427150 09/01/2022 KATHY COPELAND 75.00 427151 09/01/2022 PORT CONSOLIDATED INC 1,051.01 427152 09/01/2022 COMMUNICATIONS INTERNATIONAL 2,160.27 427153 09/01/2022 SSES INC 168.88 427154 09/01/2022 RANGER CONSTRUCTION IND INC 1,377.98 427155 09/01/2022 RICOH USA INC 148.75 427156 09/01/2022 RICOH USA INC 103.00 427157 09/01/2022 KIMLEY HORN & ASSOC INC 1,689.90 427158 09/01/2022 HENRY SCHEIN INC 964.57 427159 09/01/2022 INDIAN RIVER BATTERY 1,695.85 427160 09/01/2022 GRAINGER 577.57 427161 09/01/2022 KELLY TRACTOR CO 1,342.87 427162 09/01/2022 HACH CO 1,005.93 427163 09/01/2022 LFI FORT PIERCE INC 3,199.87 427164 09/01/2022 BOUND TREE MEDICAL LLC 1,704.00 427165 09/01/2022 EXPRESS REEL GRINDING INC 8,800.00 427166 09/01/2022 TIRESOLES OF BROWARD INC 17,258.85 427167 09/01/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 1,011.60 427168 09/01/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 6,400.00 427169 09/01/2022 JOHN C HINTON 21,757.25 427170 09/01/2022 MIDWEST TAPE LLC 1,189.16 427171 09/01/2022 NORTHERN SAFETY CO INC 180.00 49 TRANS NBR DATE VENDOR AMOUNT 427172 09/01/2022 ODYSSEY MANUFACTURING CO 14,861.40 427173 09/01/2022 PRECISION CONTRACTING SERVICES INC 4,077.70 427174 09/01/2022 GO COASTAL INC 367.58 427175 09/01/2022 PING INC 363.48 427176 09/01/2022 INDIAN RIVER COUNTY HEALTH DEPT 534.00 427177 09/01/2022 CITY OF VERO BEACH 127.59 427178 09/01/2022 JANITORIAL DEPOT OF AMERICA INC 408.88 427179 09/01/2022 TREASURE COAST HOMELESS SERVICES 114.00 427180 09/01/2022 ROGER CLEVELAND GOLF INC 393.90 427181 09/01/2022 ACUSHNET COMPANY 71.12 427182 09/01/2022 FLORIDA POWER AND LIGHT 104,966.42 427183 09/01/2022 FLORIDA POWER AND LIGHT 3,296.42 427184 09/01/2022 TROY FAIN INSURANCE INC 136.95 427185 09/01/2022 FLORIDA STATE GOLF ASSOCIATION 1,285.00 427186 09/01/2022 GREY HOUSE PUBLISHING 420.75 427187 09/01/2022 INDIAN RIVER FARMS WATER CNTRL DIST 555.00 427188 09/01/2022 NEXTRAN CORPORATION 186.42 427189 09/01/2022 OSCEOLA COUNTY 11,340.58 427190 09/01/2022 3 BALL ENTERPRISES LLC 112,145.51 427191 09/01/2022 CAPE PUBLICATIONS INC 865.82 427192 09/01/2022 BRIDGESTONE AMERICAS INC 4,687.32 427193 09/01/2022 HULETT ENVIRONMENTAL SERVICES 16.50 427194 09/01/2022 HULETT ENVIRONMENTAL SERVICES 74.50 427195 09/01/2022 CINTAS CORPORATION NO 2 221.40 427196 09/01/2022 U S BANK NATIONAL ASSOCIATION 944.69 427197 09/01/2022 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 427198 09/01/2022 SYNAGRO-WWT INC 57,127.67 427199 09/01/2022 POLYDYNE INC 2,944.00 427200 09/01/2022 THE CLEARING COMPANY LLC 2,595.00 427201 09/01/2022 FASTENAL COMPANY 71.34 427202 09/01/2022 GLOVER OIL COMPANY INC 112,804.27 427203 09/01/2022 ORCHID ISLAND PROPERTY MGMT II INC 1,800.00 427204 09/01/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 348.50 427205 09/01/2022 SUNBELT RENTALS INC 600.24 427206 09/01/2022 TOTAL TEMPERATURE INSTRUMENTATION INC 465.00 427207 09/01/2022 PETER J CASSARA 3,350.00 427208 09/01/2022 ENVIRONMENTAL CONSERVATION LABORATORIES IN 15,435.00 427209 09/01/2022 NICOLACE MARKETING INC 300.00 427210 09/01/2022 RANGE SERVANT AMERICA INC 161.60 427211 09/01/2022 KELLY COLLINS & GENTRY INC 4,047.50 427212 09/01/2022 FLORIDA COAST EQUIPMENT INC 593.45 427213 09/01/2022 OVERDRIVE INC 3,224.77 427214 09/01/2022 ALAN JAY CHEVROLET CADILLAC 28,650.00 427215 09/01/2022 GFA INTERNATIONAL INC 39,910.00 427216 09/01/2022 ALAN JAY FORD LINCOLN MERCURY INC 70,172.00 427217 09/01/2022 KYLE ANDERSON 1,800.00 427218 09/01/2022 BURNETT LIME CO INC 6,659.06 427219 09/01/2022 PENGUIN RANDOM HOUSE LLC 306.00 427220 09/01/2022 CALDWELL PACETTI EDWARDS 7,147.87 427221 09/01/2022 CHEMTRADE CHEMICALS CORPORTATION 7,707.58 427222 09/01/2022 STS MAINTAIN SERVICES INC 64,701.95 427223 09/01/2022 MICHAEL EDWARD HAMILTON 300.00 427224 09/01/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,351.00 427225 09/01/2022 UNIFIRST CORPORATION 838.82 427226 09/01/2022 JDS GRAPHICS DESIGN INC 2,558.27 427227 09/01/2022 BARSALOU VENTURES LLC 1,566.00 427228 09/01/2022 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 427229 09/01/2022 COLE AUTO SUPPLY INC 4,087.76 427230 09/01/2022 KONICA MINOLTA BUSINESS SOLUTIONS 955.94 427231 09/01/2022 M N WORLDWIDE INC 825.00 50 TRANS NBR DATE VENDOR AMOUNT 427232 09/01/2022 DAVE FORD PAINTING INC 4,700.00 427233 09/01/2022 NESTLE WATERS NORTH AMERICA 236.86 427234 09/01/2022 ENVIRONMENTAL OPERATING SOLUTION INC 19,332.50 427235 09/01/2022 CALVIN GIORDANO & ASSOCIATES INC 45,942.50 427236 09/01/2022 CORE & MAIN LP 20,231.78 427237 09/01/2022 ABISCOM INC 504.44 427238 09/01/2022 REXEL USA INC 1,206.08 427239 09/01/2022 AMAZON CAPITAL SERVICES INC 2,850.63 427240 09/01/2022 TREASURE COAST PLUMBING LLC 252.50 427241 09/01/2022 PACE ANALYTICAL SERVICES LLC 226.80 427242 09/01/2022 AMERIGAS PROPANE LP 1,880.48 427243 09/01/2022 JORDAN POWER EQUIPMENT CORP 68.48 427244 09/01/2022 MULLINAX FORD OF VERO BEACH 2,266.77 427245 09/01/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 511.06 427246 09/01/2022 DESK SPINCO INC 483.93 427247 09/01/2022 FERGUSON US HOLDINGS INC 450.00 427248 09/01/2022 BLUE GOOSE CONSTRUCTION LLC 17,468.19 427249 09/01/2022 STAPLES INC 961.19 427250 09/01/2022 LOWES COMPANIES INC 160.55 427251 09/01/2022 LOWES COMPANIES INC 715.20 427252 09/01/2022 SMI TRADING LLC 58.19 427253 09/01/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 427254 09/01/2022 FM: SYSTEMS GROUP LLC 6,562.50 427255 09/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 732.00 427256 09/01/2022 BRITTON INDUSTRIES INC 175.66 427257 09/01/2022 CW ROBERTS CONTRACTING INC 278,888.00 427258 09/01/2022 KEALY PROPERTIES LLC 1,000.00 427259 09/01/2022 HIREQUEST LLC 8,156.88 427260 09/01/2022 PETERBILT STORE SOUTH FLORIDA LLC 560.62 427261 09/01/2022 ATEAM OF THE TREASURE COAST INC 3,706.00 427262 09/01/2022 MARUBENI AMERICA CORPORATION 2,176.98 427263 09/01/2022 SHAMROCK ENVIRONMENTAL CORPORATION 7,184.73 427264 09/01/2022 GOMEZ BROTHERS CONTRACT SERVICES 4,204.00 427265 09/01/2022 BTAC HOLDING CORP 2,973.64 427266 09/01/2022 FS.COM INC 1,020.00 427267 09/01/2022 KERNER LLC 8,250.00 427268 09/01/2022 SUNCOAST RESEARCH LABS INC 1,515.00 427269 09/01/2022 FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 1,625.00 427270 09/01/2022 DE 2018 PLLC 3,922.00 427271 09/01/2022 PREMIER NURSERIES LLC 18,000.00 427272 09/01/2022 STEVENS & STEVENS BUSINESS RECORDS MANAGEMEN114IQO 427273 09/01/2022 SPLASHTOP INC 21,499.67 427274 09/01/2022 GLENN HALL 1,000.00 Grand Total: 2,093,446.12 51 4 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902122 09/01/2022 GRACES LANDING LTD 661.00 902123 09/01/2022 CREATIVE CHOICE HOMES XVI LTD 2,609.00 902124 09/01/2022 TREASURE COAST HOMELESS SERVICES 774.00 902125 09/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 657.00 902126 09/01/2022 HILARY MCIVOR 536.00 902127 09/01/2022 LAZY J LLC 311.00 902128 09/01/2022 COALITION FOR ATTAINABLE HOMES INC 615.00 902129 09/01/2022 MCLAUGHLIN PROPERTIES LLC 925.00 902130 09/01/2022 SUNQUEST APRTMENTS LLC 792.00 902131 09/01/2022 ORCHARD GROVE VENTURE LLC 5,122.00 902132 09/01/2022 SREIT LEXINGTON CLUB LLC 3,044.00 902133 09/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 2,194.00 902134 09/01/2022 GRACES LANDING LTD 12,301.00 902135 09/01/2022 BETTY DAVIS SCROGGS 769.00 902136 09/01/2022 CREATIVE CHOICE HOMES XVI LTD 13,428.00 902137 09/01/2022 DAVID YORK 577.00 902138 09/01/2022 ST FRANCIS MANOR OF VERO BEACH 1,535.00 902139 09/01/2022 TREASURE COAST HOMELESS SERVICES 1,028.00 902140 09/01/2022 FLORIDA POWER AND LIGHT 5.00 902141 09/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,648.00 902142 09/01/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 2,360.00 902143 09/01/2022 THE PALMS AT VERO BEACH 17,463.00 902144 09/01/2022 DAVID CONDON 870.00 902145 09/01/2022 HILARY MCIVOR 434.00 902146 09/01/2022 PELICAN ISLES LP 10,409.00 902147 09/01/2022 SUNCOAST REALTY & RENTAL MGMT LLC 1,048.00 902148 09/01/2022 ADINA GOLDMAN 746.00 902149 09/01/2022 INDIAN RIVER RDA LP 2,774.00 902150 09/01/2022 LAZY J LLC 1,541.00 902151 09/01/2022 JESSE LEWIS 215.00 902152 09/01/2022 SAID S MOOBARK 1,926.00 902153 09/01/2022 OSCEOLA COUNTY SECTION 8 994.54 902154 09/01/2022 YVONNE KOUTSOFIOS 413.00 902155 09/01/2022 BRIAN E GALLAGHER 633.00 902156 09/01/2022 JOHN T STANLEY 1,165.00 902157 09/01/2022 WEDGEWOOD RENTALS LLC 2,025.00 902158 09/01/2022 COALITION FOR ATTAINABLE HOMES INC 944.00 902159 09/01/2022 MYRIAM MELENDEZ 659.00 902160 09/01/2022 WATSON REALTY GROUP 2,911.00 902161 09/01/2022 SHER LLC 732.00 902162 09/01/2022 SUNQUESTAPRTMENTS LLC 1,376.00 902163 09/01/2022 ORCHARD GROVE VENTURE LLC 18,779.00 902164 09/01/2022 SREIT LEXINGTON CLUB LLC 34,739.00 902165 09/01/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 10,997.00 902166 09/01/2022 B4 TC PROPERTIES LLC 1,146.00 902167 09/01/2022 STREIT RIVER PARK PLACE LLC 21,467.00 902168 09/01/2022 EZAS INVESTMENTS LLC 767.00 902169 09/01/2022 DANIEL I PREUSS 677.00 902170 09/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 26,591.00 902171 09/01/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 4,272.00 902172 09/01/2022 IGC ENTERPRISES INCORPORATED 4,783.00 902173 09/01/2022 CHRISTINE HARVEY LAWRENCE 598.00 Grand Total: 227,985.54 52 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019891 08/26/2022 AT&T CORP 5,466.35 1019892 08/26/2022 OFFICE DEPOT INC 3,429.14 1019893 08/26/2022 COMCAST 273.45 1019894 08/26/2022 WASTE MANAGEMENT INC OF FLORIDA 8,862.60 1019895 08/29/2022 GUARDIAN ALARM OF FLORIDA LLC 2,565.10 1019896 09/01/2022 NORTH SOUTH SUPPLY INC 61.54 1019897 09/01/2022 INDIAN RIVER OXYGEN INC 4,447.67 1019898 09/01/2022 MIKES GARAGE & WRECKER SERVICE INC 275.00 1019899 09/01/2022 GALLS LLC 129.65 1019900 09/01/2022 MEEKS PLUMBING INC 148.00 1019901 09/01/2022 AIR COMPRESSOR WORKS INC 788.09 1019902 09/01/2022 IRRIGATION CONSULTANTS UNLIMITED INC 127.69 1019903 09/01/2022 GROVE WELDERS INC 149.24 1019904 09/01/2022 SOUTHERN COMPUTER WAREHOUSE INC 2,594.08 1019905 09/01/2022 COMPLETE RESTAURANT EQUIPMENT LLC 640.00 1019906 09/01/2022 BARKER ELECTRIC, AIR CONDITIONING 10,950.00 1019907 09/01/2022 AUTO PARTNERS LLC 1,389.65 1019908 09/01/2022 HYDRA SERVICE (S) INC 5,296.00 1019909 09/01/2022 GUARDIAN ALARM OF FLORIDA LLC 19.23 1019910 09/01/2022 GUARDIAN ALARM OF FLORIDA LLC 1,861.51 1019911 09/01/2022 EFE INC 139.09 1019912 09/01/2022 EFE INC 170.74 1019913 09/01/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 866.79 Grand Total: 50,650.61 53 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9839 08/26/2022 WHITNEY BANK 1,082,860.50 9840 08/30/2022 CITY OF SEBASTIAN 33,281.49 9841 09/01/2022 P&A ADMINISTRATIVE SERVICES INC 394.50 9842 09/01/2022 ST LUCIE BATTERY & TIRE CO 1,125.50 9843 09/01/2022 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9844 09/01/2022 CLERK OF CIRCUIT COURT 102,839.75 9845 09/01/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 Grand Total: 6,180,888.78 M, JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 5, 2022 SUBJECT: Quarterly Investment Report for Quarter Ending 6/30/2022 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of fiscal year 2022. This report was reviewed by our investment advisory committee on August 4, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 55 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2Th Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2022 through June 30, 2022 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court & Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are the Clerk of the Circuit Court & Comptroller, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F. S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is held by Bank of New York/Mellon and is presently invested in a treasury bill. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended June 30, 2022 was 0.62%. The overall average yield for the quarter ended March 31, 2022 was 0.32%. 56 INVESTMENT ACTIVITY As of June 30, 2022, the investments portfolio book value was $476,410,397 with a market value of $467,714,099. Of the $476,410,397 portfolio total, $377,875,496 is restricted for the following purposes: $ 116,861,920 Special revenue projects $ 568,560 Debt service $ 95,490,264 Capital projects $ 164,165,595 Business -type activities 789,157 Fiduciary funds $ 377,875,496 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Business - Fiduciary Special Type 0.2% Revenue 43.4% 30.9% Debt Service 0.2% Capital Projects 25.3% The weighted average maturity of the treasury and agency investments as of June 30, 2022 is 16 months. Coupon yields on the individual investments ranged from 0.10% to 3.50%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2022: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 57 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2022 06/30/22 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.09 0.121% $ 3,000,000.00 $ 2,999,130.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.23 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.29 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.57 0.308% $ 3,000,000.00 $ 2,995,500.00 FFCBCallable 3133EMQH8 0.110% 02/10/21 02/10/23 0.62 0.110% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 0.65 0.156% $ 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 0.69 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 0.69 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 0.86 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.86 0.160% $ 3,000,000.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 0.96 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 1.04 0.429% $ 3,000,000.00 $ 2,984,940.00 FFCB Callable 3133EL519 0.300% 12/03/21 09/01/23 1.17 0.503% $ 3,000,000.00 $ 2,989,440.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.28 0.578% $ 3,000,000.00 $ 2,984,070.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 1.31 0.340% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENNJ5 1.180% 02/09/22 02/09/24 1.61 1.180% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 1.66 0.291% $ 3,000,000.00 $ 2,997,000.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 1.69 1.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENCVO 0.670% 11/02/21 05/02/24 1.84 0.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENQC7 1.940% 03/03/22 09/03/24 2.18 1.940% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 2.32 0.700% $ 3,000,000.00 $ 3,000,000.00 $ 63,000,000.00 $ 62,938,200.00 13.22% FHLB Callable 3130AJTM1 0.260% 07/28/20 07/28/22 0.08 0.260% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130ALRG1 0.125% 12/03/21 03/17/23 0.71 0.351% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 0.83 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.92 0.183% $ 3,000,000.00 $ 2,996,700.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 1.00 0.155% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 1.11 0.220% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AJXD6 0.125% 09/28/21 09/08/23 1.19 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 1.50 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQST6 0.750% 12/29/21 12/29/23 1.50 0.750% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 1.65 0.350% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 1.71 0.820% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ARNK3 2.625% D4/29/22 04/26/24 1.82 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 1.83 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 1.93 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 1.94 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 1.94 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 1.95 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 1.96 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO OADO% 07/01/21 06/28/24 2.00 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 2.D4 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.04 0.520% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 2.13 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 2.15 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.20 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.21 D.5OD% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 2.31 0.555% $ 3,000,000.00 $ 3,000,000.00 $ 78,000,000.00 $ 77,973,000.00 16.38% FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.07 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLMC Callable 3134GW7EO 0.200% 11/16/20 02/16/23 0.63 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEQ8 0.375% 11/24/21 04/20/23 0.81 0.398% $ 3,000,000.00 $ 2,999,040.00 FHLMC Callable 3134GXEX8 0.250% 12/02/20 06/01/23 0.92 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 0.99 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 1.15 0.433% $ 3,000,000.00 $ 2,990,400.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 1.19 0.276% $ 3,000,000.00 $ 2,998,500.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 1.30 0.505% $ 3,000,000.00 $ 2,978,340.00 FHLMC Callable 3134GW6E1 0.320% 07/06/21 11/02/23 1.34 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZS 0.250% 11/24/21 11/06/23 1.35 0.579% $ 3,000,000.00 $ 2,980,890.00 FHLMC Bullet 3137EAEZB 0.250% 10/08/21 11/06/23 1.35 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 1.73 1.850% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 1.75 2.020% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXUH5 3.000% 05/27/22 05/24/24 1.90 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXZ16 3.500% 06/30/22 09/30/24 2.25 3.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXRCO 3.000% 05/05/22 11/05/24 2.35 3.000% $ 3,000,000.00 $ 3,000,000.00 $ 47,000,000.00 $ 46,939,640.00 9.86% FNMA Bullet 3135GD4Q3 0.250% 11/12/21 05/22/23 0.89 0.375% $ 3,000,000.00 $ 2,994,300.00 FNMA Bullet 3135G04Q3 0.250% 03/18/22 05/22/23 0.89 1.540% $ 3,000,000.00 $ 2,955,000.00 FNMA Bullet 3135GOSG4 0.250% 09/29/21 07/10/23 1.03 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOSG4 0.250% 11/22/21 07/10/23 1.03 0.367% $ 3,000,000.00 $ 2,994,300.00 FNMACallable 3135GOST6 0.350% 11/18/21 08/18/23 1.13 0.488% $ 3,000,000.00 $ 2,992,770.00 FNMA Callable 3136G47L1 0.350% 09/28/21 04/26/24 1.82 0.434% $ 3,000,000.00 $ 2,993,520.00 $ 18,000,000.00 $ 17,929,890.00 3.77% Treasury Note 91282CAN1 0.125% 02/18/22 D9/30/22 0.25 0.743% $ 3,000,000.00 $ 2,988,690.00 Treasury Note 91282CBG5 0.125% 12/13/21 01/31/23 0.59 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 0.59 0.212% $ 3,000,000.00 $ 2,996,700.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 0.67 0.275% $ 3,000,000.00 $ 2,994,000.00 Treasury Note 912828ZD5 0.500% 02/15/22 03/15/23 0.71 1.217% $ 3,000,000.00 $ 2,977,031.25 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 0.75 0.368% $ 3,000,000.00 $ 2,990,160.00 Treasury Note 912828ZH6 0.250% 02/14/22 04/15/23 0.79 1.220% $ 3,000,000.00 $ 2,966,250.00 58 1oft Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2022 Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $451,932.55 $476,410,397.36 59 06/30/22 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 0.79 0.445% $ 3,000,000.00 $ 2,992,200.00 Treasury Note 91282CBX8 0.125% 10/26/21 04/30/23 0.83 0.311% $ 3,000,000.00 $ 2,991,600.00 Treasury Note 912828ZP8 0.125% 02/14/22 05/15/23 0.87 1.259% $ 3,000,000.00 $ 2,958,000.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.04 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1.250% 02/15/22 07/31/23 1.08 1.392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 1.08 0.451% $ 3,000,000.00 $ 2,983,380.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 1.13 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.17 0.262% $ 4,000,000.00 $ 3,989,520.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.21 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 912828726 1.375% 02/15/22 09/30/23 1.25 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 1.25 0.405% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 1.29 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.29 0.499% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 1.34 0.501% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 1.38 0.306% $ 4,000,000.00 $ 3,995,200.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 1.55 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 1.55 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 1.59 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 1.59 2.158% $ 3,000,000.00 $ 2,930,190.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 1.63 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 1.67 2.154% $ 3,000,000.00 $ 2,962,968.75 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.71 0.327% $ 3,000,000.00 $ 2,994,090.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.71 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 1.79 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 1.79 0.572% $ 3,000,000.00 $ 2,985,450.00 Treasury Note 912820003 0.250% 12/03/21 05/15/24 1.88 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 1.88 0.375% $ 3,000,000.00 $ 2,989,860.00 Treasury Note 912828XT2 2.000% 04/07/22 05/31/24 1.92 2.552% $ 3,000,000.00 $ 2,965,560.00 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 2.04 0.500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 91282CCTS 0.375% 12/03/21 08/15/24 2.13 0.825% $ 3,000,000.00 $ 2,964,000.00 $ 122,000,000.00 $ 121,345,677.50 25.50% Regions Bank Money Market $ 2,087,693.96 0.44% Regions Bank Lockbox Accounts $ 1,750,774.93 0.37% TD Bank Checking Account $ 19,439,546.69 4.08% BankUnited Money Market $ 27,012,708.06 5.68% Valley National Bank Government Interest Checking $ 12,994,727.17 2.73% Marine Bank Business Money Market $ 5,229,238.77 1.10% Florida Trust Day to Day Fund $ 22,072,151.95 4.63% FL STAR $ 20,063,828.07 4.22% FL CLASS - BOCC Funds $ 29,724,379.25 6.24% Total General Cash & Equivalents - Unrestricted $ 467,501,456.35 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 28,387.24 Treasury Bill 912796164 0.000% 05/19/22 08/11/22 0.12 0.971% $ 1,150,000.00 $1,148,252.00 Total Restricted Bond Reserve - adjusted for fair market value $ 1,176,639.24 0.25% Restricted Cash - Landfill FL CLASS -Landfill Closure & Poslclosure Reserves $ 7,280,369.22 1.53% Total Pooled Cash & Equivalents $475,958,464.81 100.00% Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $451,932.55 $476,410,397.36 59 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30. 2022 06/30/22 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.07 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLB Callable 3130AJTM3 0.260% 07/28/20 07/28/22 0.08 0.260% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.09 0.121% $ 3,000,000.00 $ 2,999,130.00 $ 3,000,000.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.23 0.120% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAN1 0.125% 02/18/22 09/30/22 0.25 0.743% $ 3,000,000.00 $ 2,988,690.00 $ 6,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.29 0.165% $ 3,000,000.00 $ 2,999,700.00 $ 3,000,000.00 FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.57 0.308% $ 3,000,000.00 $ 2,995,500.00 Treasury Note 91282CBGS 0.125% 12/13/21 01/31/23 0.59 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 0.59 0.212% $ 3,000,000.00 $ 2,996,700.00 $ 9,000,000.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 0.62 0.110% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 0.63 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 0.65 0.156% $ 3,000,000.00 $ 2,996,760.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 0.67 0.275% $ 3,000,000.00 $ 2,994,000.00 $ 12,000,000.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 0.69 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 0.69 0.140% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZD5 0.500% 02/15/22 03/15/23 0.71 1.217% $ 3,000,000.00 $ 2,977,031.25 FHLB Bullet 3130ALRG1 0.125% 12/03/21 03/17/23 0.71 0.351% $ 3,000,000.00 $ 2,991,300.00 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 0.75 0.368% $ 3,000,000.00 $ 2,990,160.00 $ 15,000,000.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 0.83 0.180% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 0.79 0.445% $ 3,000,000.00 $ 2,992,200.00 Treasury Note 912828ZHS 0.250% 02/14/22 04/15/23 0.79 1.220% $ 3,000,000.00 $ 2,966,250.00 FHLMC Bullet 3137EAEQ8 0.375% 11/24/21 04/20/23 0.81 0.398% $ 3,000,000.00 $ 2,999,040.00 Treasury Note 91282CBX8 0.125% 10/26/21 04/30/23 0.83 0.311% $ 3,000,000.00 $ 2,991,600.00 $ 15,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 0.86 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.86 0.160% $ 3,000,000.00 $ 2,997,900.00 Treasury Note 912828ZP8 0.125% 02/14/22 05/15/23 0.87 1.259% $ 3,000,000.00 $ 2,958,000.00 FNMA Bullet 3135GO4Q3 0.250% 03/18/22 05/22/23 0.89 1.540% $ 3,000,000.00 $ 2,955,000.00 FNMA Bullet 3135G04Q3 0.250% 11/12/21 05/22/23 0.89 0.375% $ 3,000,000.00 $ 2,994,300.00 $ 15,000,000.00 FHLMCCallable 3134GXEXS 0.250% 12/02/20 06/01/23 0.92 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.92 0.183% $ 3,000,000.00 $ 2,996,700.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 0.96 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 0.99 0.334% $ 3,000,000.00 $ 2,995,770.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 1.00 0.155% $ 3,000,000.00 $ 3,000,000.00 $ 15,000,000.00 FNMA Bullet 3135GO5G4 0.250% 09/29/21 07/10/23 1.03 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOSG4 0.250% 11/22/21 07/10/23 1.03 0.367% $ 3,000,000.00 $ 2,994,300.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 1.04 0.429% $ 3,000,000.00 $ 2,984,940.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.04 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1.250% 02/15/22 07/31/23 1.08 1.392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 1.08 0.451% $ 3,000,000.00 $ 2,983,380.00 $ 21,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 1.11 0.220% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 1.13 0.175% $ 6,000,000.00 $ 5,993,400.00 FNMA Callable 3135GOST6 0.350% 11/18/21 08/18/23 1.13 0.488% $ 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 1.15 0.433% $ 3,000,000.00 $ 2,990,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.17 0.262% $ 4,000,000.00 $ 3,989,520.00 $ 19,000,000.00 FFCB Callable 3133ELS19 0.300% 12/03/21 09/01/23 1.17 0.503% $ 3,000,000.00 $ 2,989,440.00 FHLB Bullet 3130AJXDS 0.125% 09/28/21 09/08/23 1.19 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 1.19 0.276% $ 3,000,000.00 $ 2,998,500.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.21 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 912828T26 1.375% 02/15/22 09/30/23 1.25 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 1.25 0.405% $ 3,000,000.00 $ 2,991,000.00 $ 21,000,000.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.28 0.578% $ 3,000,000.00 $ 2,984,070.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 1.29 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.29 0.499% $ 3,000,000.00 $ 2,978,700.00 FHLMC Bullet 3137EAEY3 0.125% 11/18/21 10/16/23 1.30 0.505% $ 3,000,000.00 $ 2,978,340.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 1.31 0.340% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 1.34 0.501% $ 3,000,000.00 $ 2,992,500.00 $ 18,000,000.00 FHLMCCallable 3134GW6E1 0.320% 07/06/21 11/02/23 1.34 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 1.35 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Bullet 3137EAEZ8 0.250% 11/24/21 11/06/23 1.35 0.579% $ 3,000,000.00 $ 2,980,890.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 1.38 0.306% $ 4,000,000.00 $ 3,995,200.00 $ 13,000,000.00 FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 1.50 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQ5T6 0.750% 12/29/21 12/29/23 1.50 0.750% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 1.S5 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 1.55 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 1.59 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 1.59 2.158% $ 3,000,000.00 $ 2,930,190.00 $ 11,000,000.00 FFCB Bullet 3133ENNJS 1.180% 02/09/22 02/09/24 1.61 1.180% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 1.63 0.288% $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 1.65 0.350% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 1.66 D.291% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 91282CEAS 1.500% 03/23/22 02/29/24 1.67 2.154% $ 3,000,000.00 $ 2,962,968.75 $ 15,000,000.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 1.69 1.670% $ 3,000,000.00 $ 3,1100,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 1.71 0.820% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.71 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.71 0.327% $ 3,000,000.00 $ 2,994,090.00 FHLMCCallable 3134GXMM3 1.850% 03/22/22 03/22/24 1.73 1.850% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GXPH1 2.020% 03/30/22 03/28/24 1.75 2.020% $ 3,000,000.00 $ 3,000,000.00 $ 18,000,000.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 1.79 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 1.79 0.572% $ 3,000,000.00 $ 2,985,450.00 FNMACallable 3136G47L1 0.350% 09/28/21 04/26/24 1.82 0.434% $ 3,000,000.00 $ 2,993,520.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 1.82 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 1.83 0.300% $ 3,000,000.00 $ 3,000,000.00 $ 16,000,000.00 FFCB Callable 3133ENCVO 0.670% 11/02/21 05/02/24 1.84 0.670% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 1.88 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 1.88 0.375% $ 3,000,000.00 $ 2,989,860.00 6U 1 of Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2022 Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 912796164 0.000% 05/19/22 08/11/22 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate Investment report for OPEB funds Coupon/ Purchase Maturity Years To Yield To Investment Type CUSIP Yield Date Date Maturity Maturity FHLMC Callable 3134GXUHS 3.000% 05/27/22 05/24/24 1.90 3.000% Treasury Note 912828XT2 2.000% 04/07/22 05/31/24 1.92 2.552% FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 1.93 0.375% FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 1.94 0.375% FHLBCallable 3130AMKX9 0.400% 06/07/21 06/07/24 1.94 0.400% FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 1.95 0.400% FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 1.96 0.900% FHLB Callable 3130AMSF0 0.400% 07/01/21 06/28/24 2.00 0.471% FHLB Callable 3130AMXQ0 0.475% 07/12/21 07/12/24 2.04 0.475% FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.04 0.520% Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 2.04 0.500% Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 2.13 0.825% FHLB Callable 3130APQV0 1.000% 11/16/21 08/16/24 2.13 1.000% FHLB Callable 3130APB52 1.000% 11/23/21 08/23/24 2.15 1.000% FFCB Callable 3133ENQC7 1.940% 03/03/22 09/03/24 2.18 1.940% FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.20 0.500% FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.21 0.500% FHLMC Callable 3134GXZI6 3.500% 06/30/22 09/30/24 2.25 3.500% FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 2.31 0.555% FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 2.32 0.700% FHLMC Callable 3134GXRC0 3.000% 05/05/22 11/05/24 2.35 3.000% Sub Total - General Investments Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Bill 912796164 0.000% 05/19/22 08/11/22 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate Investment report for OPEB funds 0.12 0.971% $ 1,150,000.00 $2,087,693.96 $1,750,774.93 $19,439,546.69 $27,012,708.06 $12,994,727.17 $5,229,238.77 $22,072,151.95 $20,063,828.07 $29,724,379.25 $ 467,501,456.35 $ 28,387.24 $1,148,252.00 $ 1,176,639.24 $ 7,280,369.22 $ 475,958,464.81 $451,932.55 $ 476,410,397.36 61 2 oft 06/30/22 Original Par Amount Book Value Mo Cash Flow $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,965,560.00 $ 15,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,993,700.00 $ 18,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,989,710.00 $ 9,000,000.00 $ 3,000,000.00 $ 2,964,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 11,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 328,000,000.00 $ 327,126,407.50 $ 328,000,000.00 0.12 0.971% $ 1,150,000.00 $2,087,693.96 $1,750,774.93 $19,439,546.69 $27,012,708.06 $12,994,727.17 $5,229,238.77 $22,072,151.95 $20,063,828.07 $29,724,379.25 $ 467,501,456.35 $ 28,387.24 $1,148,252.00 $ 1,176,639.24 $ 7,280,369.22 $ 475,958,464.81 $451,932.55 $ 476,410,397.36 61 2 oft Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2022 $300,000,000 ---------- $250,000,000 _______ $250,000,000 $248,044,811 $200,000,000 -- $190,411,876 $150,000,000 $100,000,000 $50,000,000 — $37,953,710 0 $0 -- —� 0-12 Months 13-24 Months 25-36 Months Total Portfolio $476,410,397 62 UT Reserve 0.25% Treasury Schedule 4 Indian River County Portfolio By Type June 30, 2022 BankUnited 5.68% Marine Bank 1.10% I Bank 2.73% ank Checking 4.08% HLB 16.38% 63 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2022 PURCHASES: Investment Description Yield to Maturit Purchase Date Call Date MaturityDate Par Amount Book Value Treasury Note 2.552%05/31/24 01/13/21 04/13/22 $ 3,000,000.00 $ 2,965,560.00 FHLB Callable 2.625%04/26/23 V05/27/22 04/26/24 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3.000%08/05/22 02/18/21 11/05/24 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.588%01/31/24 11/17/20 05/16/22 $ 2,000,000.00 $ 1,943,320.00 FHLMC Callable 3.000%08/24/22 05/18/20 05/24/24 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3.500% 06/30/22 06/30/23 09/30/24 $ 2,000,000.00 $ 2,000,000.00 6 $ 16,000,000.00 $ 15,908,880.00 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FFCB Callable 0.120% 01/13/21 04/13/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.140% 10/22/20 04/22/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.080% 02/18/21 05/09/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 0.162% 11/17/20 05/16/22 $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 0.237% 05/18/20 05/18/22 $ 3,000,000.00 $ 2,995,410.00 FFCB Callable 0.300% 06/30/20 06/30/22 $ 3,000,000.00 $ 3,000,000.00 6 $ 18,000,000.00 $ 17,994,870.00 Reconciliation of General Investments Only: Beginning portfolio (3/31/22) $ 329,212,397.50 Total purchased 6 securities $ 15,908,880.00 Total matured 6 securities $ 17,994,870.00 Ending portfolio for quarter (6/30/22) $ 327,126,407.50 1 of October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years June 30, 2022 Fiscal Year 2016-2017 Net Chane Month End Bal* Month End Bal* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ 5,877,090 $ 339,576,198 18,257,137 12,246,355 Fiscal Year 2017-2018 Fiscal Year 2019-2020 Month End Bal* Net Chane Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ 10,163,806 $ 391,560,468 12,246,355 Fiscal Year 2017-2018 Net Chane Month End Bal* Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 $ 29,278,971 Fiscal Year 2020-2021 Net Chane Month End Bal* $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 $ (11,764,390) $ 447,279,386 $ (11,517,721) $ 435,761,665 $ 7,438,252 $ 428,323,413 $ 36,762,945 Fiscal Year 2018-2019 Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ 5,342,336 $ 379,314,113 10,458,944 Fiscal Year 2021-2022 Net Chane Month End Bal* $ 302,966 $ 428,626,379 $ 63,526,149 $ 492,152,528 $ 25,611,495 $ 517,764,023 $ 872,988 $ 518,637,011 $ (7,201,984) $ 511,435,027 $ (17,106,146) $ 494,328,881 $ (11,640,607) $ 482,688,274 $ (5,845,338) $ 476,842,936 $ (9,580,769) $ 467,262,167 38,938,754 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 65 �•- a'�r mm�mmmm�mn ae de ae ae pe ae ae ae���m �mmv�ioewaE de ....... OGGGCGG C O 0 0 0 O O O O N N mde de ae ae ae ae��ae ae ae sae aea ae dea ae ae ae X aE Xa°�Xee��oep i�� ommwN uni u�aemi AHN am q"t,H�tq QRtq tR a . 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N N e vl w m m m m m O V e N n w- m H a m N N e -e - m o m E c w N N N n N A HHHwwwwwwHHH HHHHHHHwHwww wHHHHHHHH E $v�iv��aea aE dE ae"de a dee e e e minae oemm ae a'a ae ode Xe e _ m NN.N.c44 "m "m 60000006 000666666 a� °e - NmmommNo ��im o`r°mmm�r!� .-N a.�rnmvmi `�AVNWm mmmm NmN�^ mE �Npmi mi ci m,n emmv0loeen.`iN emir N����.-.- 'w mem .�W�l bia�vNm � r =w �u.. 1--.1ozo� Ozow LL�a'� 11LL�a'� o m E v E Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2022 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds Information Technology Fund Fiduciary Fund Total Investments Pooled Investments $ 89,386,671 $ 116,861,920 $ 568,560 $ 95,490,264 $ 34,962,843 $ 2,608,995 $ 6,864,305 $ 85,647,080 $ 3,060 $ 31,622,433 $ 2,456,879 $ 789,157 $ 467,262,167 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 67 JEFFREY R. SMITH, CPA, C GFO, C GMA Clerk of Circuit Court & Comptroller Finance Department 1801 271` Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Chief Deputy of Finance THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 5, 2022 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 06/30/2022 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of fiscal year 2022. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on August 4, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 68 aoogr, e,e� e� e C O O u1 (TiO 0 T O C 0 O p N N J O V Q O1 O � b N 00 �!1 V N N W 00 tp N Vf V1 Otl N n 0 M M O 00 w 0 0 N N N V 'O 00 00 .ti N a c m 00 c O O N N 00 00 r" Ot ut C" O O O O .-I at m M M � N VT VT N N N Vf a O O O O 't a r a 00 O O O O 00 N16 Om m m 1 N O N M O O O W N W M M O m O ss O N Vl V? N W Vf Vl N N N N N N O O O m L 3 N N V? N N N Vf Ot0 ti 00 N M I� O C" n N V 00 Ot N N tp O m O O O v1 v1 Y N N lD N O M N V n l0 I O (n O N N N N V1 a V N T V O Ol O QI 00 00 Y N 01 N N In N N h` n 3 E nJ V v N N L — 0 41 cu tA VY N N VY Vl N Y Q N N N co w amo O m M N N N T� lr tO t0 r, W a0 N l0 M N vt V O 1p N C CL C N O ^ V N tp 00 00 N O l0 tp ut 00 rl C'` N O Ot N O1 M W m E w ao m n ro v a v m v a m o '6 W C m M ti ti N ti N N a = v cr r O v Y = J a v i v J m o z m v v a r d y y o c 3 n2 E m .0 w e ~ ¢ m a E N p d y L 7 o A v E 10 g�� vi w v -2-2-E o `m v Z '^ - > uLi > 'TV � a'a°e z o �n o o 05 2 N N N u01 N O O O O y p w a « v z ti z voi `o a J 0 d n v v -o v i H. v3� r Z' - .� c 6 u i ao ''n a0 aaLL�y E v E o72 c c c c �o 01 'O 'O C E C J � L d ti ti .i X d F x v } N f OJ c- Vf Ol 0 V o w M w m O > > U �3p av o_i� v ° u_ u EE o o u ON O n O O h L L L L L cc c c c L L L c L L L o o o o o c c O O o c c c O O O E E E E E m M m m m E E E m m E E E m m m a J 0 d n v v -o v i H. v3� r Z' - .� c 6 u i ao ''n a0 aaLL�y E v E o72 c c c c �o E o m L ti ti .i C ca M N f c- Vf Ol 0 y o w M w a J 0 d n v v -o v i H. v3� r Z' - .� c 6 u i ao ''n a0 aaLL�y E v E o72 c c c c �o JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 5, 2022 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/22 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2022, the balance in the Fund is $195,095. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 70 to f9Ml 0 t0 d T O Q « N C N � C O a d m m V O G d d N N N M O 0 Z d t0 V v O H Z L O a d C d~ a s F-- C C W i,. w a' z U- li w 6o <n f0 1� R C M N 47 N N N N O O W O } O M LL O fp N N O M M V r uO'� 6 M N LL O p� di di O O N N O N N O uO] N N LLN'1 r t0 N N O O M N LL O M O p> lo W W O O W V v- M M tc LL O M O p� lfl Vl 00 r 0 N ol V v r Lq M LL O M O � N N N t�D ftp � M M fO') fOD LLs� O p� � di fA O lo V O O M f N r O O n N M N � LL O M o � fO mu°'iv Mn�i n rn O N N M t+NI O O N n M N LL O M O � L�2 N M y N C V r O N O N (r0 O tnD tM0_ O (o V t• N � O p� � fA di 000 N M CO'1 O < < 0 N tM0 O ty 7 V M 1� V O p� � fA b9 M- O N O O R fMD N O N N M Qi W In l0 M 00 av � r tp N LL O M O p� n 6% O N ill i0 (D [O O p P- N c O f0 M M O O th to f9Ml 0 t0 d T O W C N � C O a d m m d v w N N Wa W rn N N Z d D N l0 y Z L O a d C d~ a s F-- C C W i,. w a' z U- li to f9Ml 0 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: September 7, 2022 SUBJECT: Subrecipient Award Contracts GOMPfill I,POC<cn 0 oti F, As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Senior Resource Association (SRA) and the Treasure Coast Homeless Services Council (TCHSC) are classified as grant subrecipients. During fiscal year 2022, the Board was awarded grants and/or increases to existing grants. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with SRA and TCHSC that encompasses the newly approved grants and any modifications to existing grants. RECOMMENDATION Approve the Indian River County Grant Subrecipient Award agreements with SRA and TCHSC and execute any related documents. 72 Indian River County Grant Contract Subrecipient Award This Grant Contract entered into and effective this September 13, 2022, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 (County) and Senior Resource Association (SRA - Subrecipient), 694 14th Street, Vero Beach, FL, 32960, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received grants see attached list - Exhibit A (Award) from the Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) on the Award Date listed in Exhibit A. B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Assistance Listing Number (ALN) and Catalog of State Finance Assistance Number (CSFA) for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $3,806,677. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money (Grant) for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (Exhibit B). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 73 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A (Grant Period). 5. Grant Funds and Payment: The approved Grant for the Grant Period is $3,806,677. (Exhibit A). The amount of federal funds obligated under this Contract by the County to the Subrecipient is $3,145,798 (Exhibit A). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient 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. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 74 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements: Subrecipient shall, no later than October 30 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non - owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate 75 activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification: The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records: The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PU BLICRECORDS(cb-IRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 Z 8. Termination: Termination in regards to F.S. 287.135: Subrecipient certifies that it and those related entities of Subrecipient 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, Subrecipient certifies that it and those related entities of Subrecipient 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 Subrecipient 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 Subrecipient, 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. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Budget Director Indian River County 1801 271h Street Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 14th Street Vero Beach, FL 32960 10. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 77 12. Sovereign Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Peter D. O'Bryan, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller M Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Agency Name: Senior Resource Association Karen Deigl, PresidenUCEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Indian River County BOCC SRA Related Grants Description/Grant Name State Grants: FDOT Public Transportation Block Grant Total State Grants Federal Grants: FTA Section 5307 Grant FTA Section 5307 Grant - ARP Total Federal Grants Total of All Awards State Award ID CSFA Federal Award ID ALN EXHIBIT A Amount Award Date Grant Period G2460 55.010 $ 660,879 660,879 FL -2022-006-00 20.507 2,171,982 FL -2022-013-00 20.507 973,816 3,145,798.00 $ 3,806,677 01/04/22 01/01/2022-06/30/2025 01/04/2022 01/06/2022-03/30/2031 01/11/2022 01/13/2022-03/30/2029 79 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A Financial Project Number(s): (item -segment -phase -sequence) 407190-5-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: G2460 N/A 55.010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: Public Transit Block Grant Program EXHIBIT B Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7@021 DPTO FLAIR Category: 088774 215 Object Code: Org. Code: Vendor Number: 79208989 751000 55042010429 VF596000674006 THISP1Y�t1D22 TRJ) jPR ATION GRANT AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation (no LF Local Matching Funds required for Fiscal Year 2022), as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance Page 1 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc7/2021 *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through June 30, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OCO7/2021 9. Project Cost: The estimated total cost of the Project is $660,879. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $660,879 and, the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. :N Page 3 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Page 4 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Page 5 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make RR Page 6 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc7/2021 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 86 Page 7 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc7/2021 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 87 Page 8 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(ab-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 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 the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https:Hharvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit c( dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Page 9 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ712021 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(D,dot.state.fl. us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 89 Page 10 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency 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)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). IV. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a-)dot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(@aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 90 Page 11 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ7/2021 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 91 Page 12 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc7/2021 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. 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 Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. L Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims 92 Page 13 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc712021 for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's 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 Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's 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/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or 93 Page 14 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/2021 coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 94 Page 15 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ 712021 f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. In. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement. the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY By: P Name: t Title: APPROVED AS TO FORM A`!D L'�iO;AL SUFFICIENCY . By 'vl`l+ LAN Fi`INGOL[D CGUNTY A? -TORN Y Attest: Jeffrey R. Smith, Clerk of Cir uit Court and Comptroller Deputy Clerk )TDAooQEJ9AKTMENT OF TRANSPORTATION �ft�t,ln. �7V'cU�.tn, FIM9AUlEF4FE C. Braun, P.E. of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review- DocuSigned by: --CAAST9'tt7ADf5IIDE._"._. 95 Page 16 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 02/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation (no LF Local Matching Funds required for Fiscal Year 2022) B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: Passenger Trips OTT Page 17 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02120 Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year. 5) Submit quarterly progress reports via TranSCIP, the web -based state grant management software, by logging into http://www2.transcip.com. 6) Submit an invoice on the project at least every quarter (any exceptions should be communicated to Project Manager in a timely manner). The email must be included in the invoice packet submitted to the Department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. 97 Page 18 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02n0 E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. WN Page 19 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $0 $0 1 Year Travel Number $0 $0 407190-5-84-01 DPTO 088774 2022 751000 55.010 Public Transit Block Grant Funding $660,879.00 407190-5-8401 LF $0 2022 $660,879 $0 No LF Local Matching Funds Required $0.00 for Fiscal Year 2022 Total Financial Assistance $660,879 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $660,879 $0 $0 1 $660,879 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $660,879 $0 $0 $660,879 " Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department rG Name Signature 12/28/2021 1 1:42 PM EST Date 99 Page 20 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 100 Page 21 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A s srAi'E OF FLORIDA iNtDIAN RIVER COUNTY a I i THIS IS TO CERTIFY THAT THIS 18 A TRUE AND CORRECT COPY OF THE ORIGINAL ON FIL€•.IN THIS RESOLUTION NO. 2021-083 °FFi` J REY .SMITH, .ER f 8Y v% �C The Chairperson thereupon declared the resolution dulypassed ancl*agtd _ December , 2021. _. .••''GOb1Mlg S. BOARD OF COUNTY COMIYIISSI, S/QAr� INDIA" I VER COUNTY, FL , • ' ��''. . . B ' Y= Peter D. O'Bryan, Chair W%. Attest: ffrey R. Smith, Clerk of Court and Comptroller coin By: 6A Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and Randi Wardlaw , as Deputy Clerk, 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 7th day of December , 2021. APPROVED AS TO LEGAL SUFFICIENCY BY: x�ran Reingold, County Attorney -i� �- K No "'--a no Notary Public KRGMYKLXWANO SEAL: WOMMMIMM321101 8aideeihuNoieryP+�ic dares APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Phil Matson, AICP, Director Community Development Department F:\Community Development\Users\MPO\Transit\Grants\Block\2022\PTGA\2022 bec resolutiondocx Page 2 o4b l DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 2021-'083 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2021/22 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2021/22 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2021/22 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2021/22 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2021/22 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by Joseph E. Flescher , and the motion was seconded by Joseph Earman , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE C:\GranicusUAgistar5\L5\Temp\2e482b7a-2285-4ftD-af18-d7c585a31ae9.docx Page 1 qfW12 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02/20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. 103 Page 22 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ 02/20 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: hftr)://fac.dos.state.fl.us/faconline/chapterl4.pd . 10. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: X Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 11. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; 104 Page 23 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5634768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ02120 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- 105 Page 24 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-BE02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures i)df 106 Page 25 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: -- Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $660,879 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/search Catalog. aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: hftps:Happs.fldfs.com/fsaa/compliance.aspx provided at: 107 Page 26 of 26 DocuSign Envelope ID: E7A21A4E-5DD5-42C0-8E02-B14A5B34768A To: Ann.Mullen@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2460 12/22/2021 CONTRACT INFORMATION Contract: G2460 Contract Type: GD - GRANT DISBURSEMENT (GRANT) Method of Procurement: G - GOVERMENTAL AGENCY (287.057,F.S.) Vendor Name: INDIAN RIVER COUNTY BOCC Vendor ID: F596000674006 Beginning Date of This Agreement: 12/22/2021 Ending Date of This Agreement: 06/30/2025 Contract Total/Budgetary Ceiling: ct = $660,879.00 Description: Block Grant funding for operating assistance to Indian RiverCounty BOCC for its urbanized area public transportation (N FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 12/22/2021 Action: Original Reviewed or Approved: APPROVED Organization Code: 55042010429 Expansion Option: Al Object Code: 751000 Amount: $660,879.00 Financial Project: 40719058401 Work Activity (FCT): 215 CFDA: Fiscal Year: 2022 Budget Entity: 55100100 Category/Category Year: 088774/22 Amendment ID: 0001 Sequence: 00 User Assigned ID: Enc Line (6s)/Status: 0001/04 Total Amount: $660,879.00 Pagel of 1 108 Qin U.S. Department of Transportation Award 210 Federal Transit Administration Federal Award Identification FL -2022-006-00 Number (FAIN) Temporary Application Number 5630-2021-1 Award Name 5307 Capital Assistance & PM; Sebastian -Vero Beach UZ& Indian River Co., FL Award Status Active (Executed) Award Budget Number 0 'eriod of Performance Start Date 1/6/2022 )riginal Period of Performance End Date 3/30/2031 ;urrent Period of Performance End Date 3/30/2031 Revision #: 0 Part 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 County Agency INDIAN RIVER COUNTY BOARD OF COUNTY 079208989 COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Award Information 109 Title: 5307 Capital Assistance & PM; Sebastian -Vero Beach UZA; Indian River Co., FL FAIN Award Status Award Type Date Created Last Updated Date From TEAM? FL -2022-006-00 Active (Executed) Grant 4/14/2021 4/14/2021 No Award Executive Summary Purpose The purpose of this FY 2021 5307 grant is to provide capital assistance and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach demand response service. Activities to be performed The activities will replace vehicles and equipment that have exceeded useful life requirements, acquire and construct bus shelters for fixed -route service, construct bus station improvements at the North County Nub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed Expected outcomes. Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COVID-19 pandemic Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations Sub -recipient Activities: None The total eligible cost is $2,171,982 The federal share consists of $2,171,982 in Section 5307 funds. Descriptions of the activities funded in this application are listed under each respective project description. The Florida Department of Transportation has authorized toll revenue credits in the amount of $542,996 in support of this application dated October 23, 2021. In accordance with federal regulations, a public hearing was conducted on November 2. 2021 and advertised in advance. A copy of the FDOT Toll Revenue Credit letter is attached for FFY 2021 Sec 5307. A copy of the Florida Governor's Apportionment letter is attached for FY 2021 Sec 5307 The current FY21 FDOT STIP is attached 5307 Capital Assistance is listed in item number/ FM# 407190-2. As required, 1% of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents) Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https:// www transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. Frequency of Milestone Progress Reports (MPR) Quarterly Frequency of Federal Financial Reports (FFR) Quarterly Does this application include funds for research and/or development activities? 110 This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No, this Grant does not use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone charles.chiu@dot.gov General Engineer Jon Howard Senior Planner jhoward@ircgov.com (772) 226-1672 robert.sachnin@dot.gov Community Planner Award Budget Control Totals Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,171,982 forward) Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $542,996 Adjustment $0 Total Eligible Cost $2,171,982 111 Award Budget Project Budget Item FTA Non- Total FTA Eligible Quantity Number Amount Amount Amount 111 - FL -2022-006- 00 BUS - ROLLING STOCK $567,962.00 $0.00 $567,962.00 4 01-00 (111- A1) BUY FL -2022-006- 11.12.03 REPLACEMENT $567,962.00 $0.00 $567,962.00 4 01-00 30 -FT BUS 113 - FL -2022-006- 00 BUS - $750,000.00 $0.00 $750,000.00 1 01-00 (113- STATION/STOPS/TERMINALS A2) FL -2022-006- 11.33.02 CONSTRUCT- $750,000.00 50.00 $750,000.00 1 01-00 BUS STATION 114 - FL -2022-006- 00 BUS: SUPPORT EQUIP AND $270,720.00 $0.00 $270,720.00 29 01-00 (114- FACILITIES A3) ACQUIRE - FL -2022-006- 11.42.06 SHOP $40,000.00 $0.00 $40,000.00 3 01-00 EQUIPMENT ACQUIRE - FL -2022-006- 11.42.09 MOBILE SURV/ $21,720.00 $0.00 $21,720.00 7 01-00 SECURITY EQUIP ACQUIRE - ADA FL -2022-006- 11.42.43 VEHICLE $209,000.00 $0.00 $209,000.00 19 01-00 EQUIPMENT 117 - FL -2022-006- 00 OTHER CAPITAL ITEMS (BUS) $475,000.00 $0.00 $47.5,000.00 0 01-00 (117- A4) FL -2022-006- 11.7A.00 PREVENTIVE $475,000.00 $0.00 $475,000.00 0 01-00 MAINTENANCE 119 - FL -2022-006- 00 Bus Associated Transit $108,300.00 $0.00 $108,300.00 15 01-00 (119- Improvements A5) PURCHASE FL -2022-006- 11.92.02 BUS $108,300.00 $0.00 5108,300.00 15 01-00 SHELTERS Discretionary Allocations This application does not contain discretionary allocations 112 Sources of Federal Financial Assistance PO Number Project Number Scope Name Scope Number Scope Suffix UZA Code Area Name Account Class FPC Description Code Amendment Amount Cumulative Amount Bus Asso FL -90-Y FL -2022- 006-01-0 ciated Tr ansit Imp 119-00( A5 1200 Florid 2021.25.9 00 Urbanized Ar ea Formula G 5108,300 $103,300 158 0 rovement 119) 00 a 0.91.2 rants S FL -90-Y FL -2022- 006-01-0 OTHER CAPITAL 117-00 ( A4 1200 Florid 2021.25.9 00 Urbanized Ar ea Formula G $475,000 5475,000 158 0 ITEMS (B 117) 00 a 0.91.2 rants US) BUS: SU FL -90-Y FL -2022- 006-01-0 PPORT EQUIP A 114-00 ( A3 12CO Florid 2021 259 00 Urbanized Ar ea Formula G $270,720 S270,720 158 0 ND FACT 114) Oo a . 091.2 rants LITIES BUS - ST FL- FL- 90 Y FL -2022- 006-01-0 ATION/S TOPS/TE 113-00 ( A2 1200 Florid 2G21.25.9 00 Urbanized Ar ea Formula G $750,000 5750.000 0 RMINAL 113) 00 a 0.91.2 rants S FL -90-Y FL -2022- BUS - R 111-00( 1200 Florid 2021.25.9 00 Urbanized Ar ea Formula G S567,962 $567,962 158 006-01-0 OLLING 111) Al 00 a 0.91.2 0 STOCK rants Part 3: Project Information Project Title: Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2022-006-01-00 5630-2021-1-P 1 9/10/2021 3/1/2021 9/30/2025 Project Description Capital assistance will provide funding for bus procurement, transit hub and bus stop improvements, computer hardware and software, shop equipment, support vehicles, security equipment, and preventive maintenance. All Intelligent Transportation Systems (ITS) equipment/components are compatible with both Regional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. The total eligible cost is $2,171,982. The federal share consists of $2,171,982 in Section 5307 funds. Descriptions of the activities funded in this application are listed under each respective project description. The Florida Department of Transportation has authorized toll revenue credits in the amount of $542,996 in support of this application dated October 23, 2021. Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description 113 Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. The North County Hub Bus Station will be relocated just south of the existing location in conjunction with a highway widening project. The new location will be just north of Sebastian River High School at 9001 Shark Blvd, Sebastian, FL 32958. Project Location (Urbanized Areas) JZA Code Area Name 120000 Florida 123920 Sebastian --Vero Beach South --Florida Ridge, FL Congressional District Information hate District Representative =lorida 8 Bill Posey Program Plan Information STIP/TIP Date: 7/1/2021 Description: The current FY21 FDOT STIP is attached. 5307 Capital Assistance is listed in item number/ FM# 407190-2. UPWP Date: NIA Description: NIA Long Range Plan Date: N/A Description: NIA Project Control Totals Funding Source Section of Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,171,982 forward) Local $0 Local/In-Kind $0 State $0 Statelln-Kind $0 Other Federal $0 114 Transportation Development Credit $542,996 Adjustment $0 Total Eligible Cost $2,171,982 Project Budget Project Budget Item FTA Non- Total FTA Eligible Quantity Number Amount Amount Amount 111 - FL -2022- 00 BUS - ROLLING STOCK $567,962.00 $0.00 $567,962.00 4 006-01-00 (111- A1) BUY FL -2022- 11.12.03 REPLACEMENT $567,962.00 $0.00 $567,962.00 4 006-01-00 30 -FT BUS 113 - FL -2022- 00 BUS - $750,000.00 $0.00 $750,000.00 1 006-01-00 (113- STATION/STOPS/TERMINALS A2) FL -2022- 11.33.02 CONSTRUCT- $750,000.00 $0.00 $750,000.00 1 006-01-00 BUS STATION 114 - FL -2022- 00 BUS: SUPPORT EQUIP AND $270,720.00 $0.00 $270,720.00 29 006-01-00 (114- FACILITIES A3) ACQUIRE - FL -2022- 11.42.06 SHOP $40,000.00 $0.00 $40,000.00 3 006-01-00 EQUIPMENT ACQUIRE - FL -2022- 11 A2.09 MOBILE SURV/ $21,720.00 $0-00 $21,720.00 7 006-01-00 SECURITY EQUIP ACQUIRE - ADA FL -2022- 11.42.43 VEHICLE $209,000.00 $0.00 $209,000.00 19 006-01-00 EQUIPMENT 117 - FL -2022- 00 OTHER CAPITAL ITEMS (BUS) $475,000.00 $0.00 $475,000.00 0 006-01-00 (117- A4) FL -2022- 11.7A.00 PREVENTIVE $475,000.00 $0.00 $475,000.00 0 006-01-00 MAINTENANCE 119 - FL -2022- 00 Bus Associated Transit $108,300.00 $0.00 $108,300.00 15 006-01-00 (119- Improvements A5) 115 FL -2022- PURCHASE 006-01-00 11.92.02 BUS $108,30000 $0.00 $108,300.00 15 SHELTERS Project Budget Activity Line Items Budget Activity Line Item: 11.92.02 - PURCHASE BUS SHELTERS Scope Name / Code Line Item Line Item Name Activity Quantity Bus Associated Transit 11 92,02 PURCHASE BUS ACQUISITION 15 Improvements (119-00) SHELTERS Extended Budget Description Acquisition and construction of bus shelters for fixed -route service. Shelters to be fully ADA compatible and constructed of steel frame with perforated steel and aluminum sides, and mounted on concrete pads. Useful life is 10 years. All shelters to be constructed within existing street right-of-way. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $108,300 forward) Date Local $0 Local/In-Kind SO State $0 State/In-Kind SO Other Federal $0 Transportation Development Credit $27,075 Adjustment $0 Total Eligible Cost $108,300 Milestone Name Est. Completion Description Date RFP/IFB Issued 6/1/2021 Contract Award 8/1/2021 Project Complete 12/31/2022 Budget Activity Line Item: 11.12.03 - BUY REPLACEMENT 30 -FT BUS Scope Name / Code Line Item Line Item Name Activity Quantity 116 BUS - ROLLING BUY REPLACEMENT BUY REPLACEMENTS - STOCK (111-00) 11.12.03 30 -FT BUS CAPITAL BUS 4 Extended Budget Description Funding is requested to replace four medium -duty cutaways. The vehicles to be replaced are bus numbers #230 (2013 Champion, 256,647 miles, VIN 5WEXWSKK4DH383663), #231 (2013 Champion, 228,631 miles, VIN 5WEXWSKK6DH383664), #247 (2016 Turtle Top, 322,490 miles, VIN 1 FDFE4FS8FDA35295), & #248 (2016 Turtle Top, 367,012 miles, VIN1 FDFE4FSXFDA35296). The Useful life for these vehicles requires replacement at the age of 7 years or 200,000 miles (FTA C 5010.1 E). The replacement vehicles will be medium -duty cutaways. Unit cost is approximately $140,000. Any additional funds will be expended on other replacement vehicle purchases as specified in the system's vehicle replacement schedule. The replacement vehicle will be purchased from the state contract or the FPTA consortium contract, of which Indian River County is a listed party. Both contracts comply with FTA C 4220.1 F. All new vehicles will comply with ADA standards. All transit vehicles are owned by Indian River County. Operation and maintenance of the vehicle will be by Senior Resource Association, as part of the transit service contract. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition Vehicle Size (ft.) NIA N/A N/A Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $567,962 forward) Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $141,991 IM Adjustment $0 Total Eligible Cost $567,962 Milestone Name Est. Completion Description Date RFP/IFB Issue Date 6/30/2023 Contract Award Date 9/30/2023 Initial Delivery Date 12/31/2024 Final Delivery Date 6/30/2025 Contract Completion 6/30/2025 Date 117 Budget Activity Line Item: 11.33.02 - CONSTRUCT - BUS STATION Scope Name / Code Line Line Item Activity Quantity Item # Name BUS - CONSTRUCT - CONSTRUCTION OF BUS STATION/STOPS/TERMINALS 11.33.02 BUS STATION STATIONS/TERMINALS 1 (113-00) Extended Budget Description These funds will be used in conjunction with funds used in the same ALI for Grant FL -2021-014-01-00 FY20 5307 Capital Assistance. Please see attached email in application documents regarding NEPA approval. Construction of bus station improvements in conjunction with the programmed widening of County Road 510. Improvements to include a restroom facility with covered shelter for passengers at the North County Transit Hub. The improvements will be located on the west side of CR 510 just north of Sebastian River High School at 9001 90th Avenue (aka CR 510). The improvements will be located on a stormwater pond parcel to be dedicated to Indian River County by FDOT as part of the CR 510 widening project. The facility will be owned by Indian River County and operated and maintained by the County and the transit service contractor. Indian River County certifies an independent cost estimate will be prepared and available on file along with the corresponding cost/price analysis for the scope of work of the project. Construction management of the project will be conducted in-house and the project oversight will be contracted out. The useful life for the restroom and covered passenger waiting area is 40 years Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $750,000 forward) Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $187,500 Adjustment $0 Total Eligible Cost $750,000 Milestone Name Est. Completion Description Date RFP/IFB Issued 12/31/2023 Contract Award 3/31/2024 Project Complete 9/30/2025 118 Budget Activity Line Item: 11.42.06 - ACQUIRE - SHOP EQUIPMENT Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE - SHOP ACQUISITION OF BUS AND FACILITIES (114- 11.4206 EQUIPMENT SUPPORT EQUIP/FACILITIES 3 00) Extended Budget Description Funds will be used to purchase vehicle maintenance shop equipment including a wheel alignment machine with a useful life of 10 years for $23,000, a portable air compressor with a useful life of 7 years for $8,900, and a pickup truck hydraulic lift gate for $2,500 Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $40,000 forward) Date Local $0 Local/In-Kind SO State $o State/In-Kind $0 Other Federal $0 Transportation Development Credit $10.000 Adjustment $0 Total Eligible Cost 540,000 Milestone Name Est. Completion Description Date RFP/IFB Issued 12/31/2022 Contract Award 3/31/2023 Project Complete 6/30/2323 Budget Activity Line Item: 11.42.09 - ACQUIRE - MOBILE SURVISECURITY EQUIP Scope Name I Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE - MOBILE ACQUISITION OF BUS AND FACILITIES (114- 11.42.09 SURV/SECURITY SUPPORT 7 00) EQUIP EQUIP/FACILITIES Extended Budget Description Security cameras and recording equipment for vehicles and the Main Transit Hub, includes equipment for new vehicles and replacing old equipment as needed This ALI satisfies the required 1% of the 119 award for security -related projects. If an equipment item is purchased with these funds which has a cost over $5,000. a budget revision will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $21,720 forward) Date Local SO Locallln-Kind SO State SO State/In-Kind $0 Other Federal $0 Transportation Development Credit $5,430 Adjustment $0 Total Eligible Cost $21,720 Milestone Name Est. Completion Description Date RFP/IFB Issued 9/30/2022 Contract Award 12/31/2022 Project Complete 9/30/2023 [Budget Activity Line Item: 11.42.43 - ACQUIRE - ADA VEHICLE EQUIPMENT Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE - ADA ACQUISITION OF BUS AND FACILITIES (114- 11.42.43 VEHICLE SUPPORT EQUIP/FACILITIES 19 00) EQUIPMENT Extended Budget Description Capital assistance will upgrade the existing ADA restraint systems on fixed -route vehicles Touchless, automated, wheelchair restraining system will be provided and installed by a third party installer. The cost is approximately $11,000 for each restraint system, including installation, and need to be insta:led on 19 vehicles. Each unit has an 8 year useful life. When vehicle replacement occurs, it is Indian River County Policy to remove any items that still have useful life from the old vehicle, and transfer them to the new vehicle. Will 3rd Party contractors be used to fulfill this activity line item? Yes.. 3rd Party Contractors will be used for this line item. 120 Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $209,000 forward) Local ... $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal ■ $0 Transportation Development Credit $52,250 Adjustment* Total Eligible Cost $209,000 Milestone Name Est. Completion Description 5307 - Urbanized Area Formula Grants (2013 and 5307-2A Date RFP/IFB Issued 12/31/2021 Contract Award 3/31/2022 Project Complete 3/31/2023 Budget Activity Line Item: 11.7A.00 - PREVENTIVE MAINTENANCE Scope Name I Code Line Item Line Item Name Activity Quantity OTHER CAPITAL ITEMS 11.7A.00 PREVENTIVE OTHER CAPITAL 0 (BUS) (117-00) MAINTENANCE ITEMS (BUS) Extended Budget Description Monthly service and repairs for all vehicles from 3/1/2021 to 01/31/2022; includes replacement of tires and batteries, oil changes/lubes at regular service intervals. Most of the work is performed in-house, while some work is (e.g. transmissions) is contracted. A Force Account Plan is on -file for in-house labor. Indian River County does not anticipate the purchase of items over $5,000 in value at this time. Any items with value over $5,000 identified during the execution of the activities under this ALI will be included after award (actual value and useful life). Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $475,000 forward) Local $0 Local/In-Kind $0 State $0 121 State/In-Kind $0 Other Federal $0 Transportation Development Credit $118,750 Adjustment $0 Total Eligible Cost $475,000 Milestone Name Est. Completion Description Date RFP/IFB Issued 3/1/2021 Contract Award 3/31/2021 Project Complete 1131!2022 Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply wdh other environmental laws. Categorical Exclusion Description Type 07. Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts, and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion Date Description Date Class Ilc CE Approved Scope Name 1 Line Item Line Item Name Quantity FTA Total Eligible Code Number Amount Cost BUS - ROLLING 11.12.03 BUY REPLACEMENT 4 $567,962.00 $567,962.00 STOCK (111-00) 30 -FT BUS Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description 122 Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as. the deployment of Intelligent Transportation Systems and components, installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date Class Ilc CE Approved Line Item Line Item FTA Total Scope Name / Code Number Name Quantity Amount Eligible Cost BUS- CONSTRUCT- STATIONlSTOPSfTERMINALS 11.33.02 BUS STATION 1 $750,000.00 $750,000.00 (113-00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - SHOP AND FACILITIES (114- 11 42.06 EQUIPMENT 3 $40,000.00 $40,000.00 00 ) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement FTA requires a sufficient project 123 description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date Class Ilc CE Approved Line Item FTA Total Scope Name J Code Number Line Item Name Quantity Amount Eligible Cost BUS: SUPPORT EQUIP ACQUIRE - MOBILE AND FACILITIES (114- 11.42.09 SURV/SECURITY 7 $21,720.00 $21,720.00 00) EQUIP Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT ACQUIRE - ADA EQUIP AND 11.42.43 VEHICLE 19 $209,000.00 $209,000.00 FACILITIES (114-00) EQUIPMENT Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an 124 environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07 Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equ pment to be located within existing facilities and with no substantial off-site impacts and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost OTHER CAPITAL PREVENTIVE ITEMS (BUS) (117- 113A,00 MAINTENANCE 0 $475,000.00 S475,000.00 00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 05. Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components, installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost Bus Associated Transit 1192 02 PURCHASE BUS 15 $108,300.00 $108.300.00 Improvements (119-00) SHELTERS Part 4: Fleet Details Fleet Type: Fixed Route 125 Fleet Comments Fixed route system consists of 15 routes, each with one VOMS. All spare vehicles have exceeded useful life minimum thresholds. Fleet Type: Paratransit Fleet Comments None provided Current Value I. Active Fleet A. Peak Requirement 15 B. Spares 6 C. Total (A+B) 21 D. Spare Ratio (B/A) 40% Il. Inactive Fleet A. Other 0 B. Pending Disposal 0 C. Total (A+B) 0 III Total (I.0 and II.C) 21 Fleet Type: Paratransit Fleet Comments None provided Part 5: FTA Review Comments Application Review Comments Comment By Doretha Foster Comment Appl caton Details Type Date 11/29/2021 126 Current Value I. Active Fleet A. Peak Requirement 14 B. Spares 8 C. Total (A+B) 22 D. Spare Ratio (B/A) 57.14% II. Inactive Fleet A. Other 0 B Pending Disposal 0 C. Total (A+B) 0 III. Total (I.0 and II.C) 22 Part 5: FTA Review Comments Application Review Comments Comment By Doretha Foster Comment Appl caton Details Type Date 11/29/2021 126 ,^, Civil Rights Comments with concurrence: Grant recipient must comply with all applicable Federal laws and regulations related to this project, including the ADA Standards for Transportation Facilities, based on the U.S. Access Board's ADA Accessibility Guidelines. Found here: http://www.access- board. gov/g uidel Ines-and-standards/transportation/facilities/ada-standards-for- transportation-facilities Additionally, recipient must comply with Title IV requirements as outlined in 49 CFR Section 21.9(b)(3). Requirements to Remember for: Construction of New Facilities • As required under DOT ADA Standard 201 and DOT ADA Regulation 49 C.F.R. Comment 37.43(a)(1), Grant recipient must ensure that altered or added portions of the facility must be made accessible. • As required by DOT ADA Regulation 49 C.F.R. 37.43(a)(2) and DOT ADA Standard 202.3, Grant recipient must ensure that the path of travel to the altered or added portion of the facility must be made accessible, to the maximum extent feasible. • As required by DOT ADA Standard 202.4 and DOT ADA Regulation 49 C.F.R. 37.43(e)(1), if the path of travel cannot be made accessible, Grant recipient must submit to FTA an analysis demonstrating that the cost of making the path of travel accessible is disproportionate to (i.e., > 20%) the cost of the alterations or additions to the primary function area. • As required by DOT ADA Standard 202.4 and DOT ADA Regulation 49 C.F.R. 37.43(b), if the path of travel cannot be made accessible, Grant recipient must submit to FTA an analysis demonstrating that site-specific conditions prevent you from making the path of travel accessible. Include relevant diagrams and maps. Comment By Boyd Melton Comment Application Details Type Date 12/20/2021 Comment NOTE - As PAA is selected a task will be generated in TrAMs for an initial FFR after award and prior to grant execution. Application Review Comments Comment By Robert Sachnin Comment Pre -Award Manager Returns Application Type Date 12/1/2021 Good Afternoon - please find joint comments below: 1. Application Title: Please add and PM after Capital Assistance Part 2 Application Information: Comment 1. Application End Date/Period of Performance: please change from 3/31/28 to 3/30/31. 2_ Executive Summary: Please add the 5 OMB executive summary requirements, which FTA is incorporating into all applications. Please also keep these 5 topics together and provide a concise, plain language description for each: 1) Purpose of Award, 2) Activities to be Performed, 3) Expected Outcomes, 4) Intended Beneficiaries, & 5) 127 subrecipient activities if applicable. More information may be found here: https:// www.transit.dot.gov/sites/fta.dot.gov/files/2021-08/Sample-Executive-Summaries-for- ARP-Grants-8-20-21. pdf Part 3 Project Information: 1. Project Description: a. Please add bus procurement to 1st sentence describing activities. b. Although done in the executive summary, please restate the federal & nonfederal funding amounts & sources. 2. Project Location (Urbanized Areas): please also add UZA Code 120000/Area Name Florida. 3. Program Plan Information: please populate the STIP/TIP section w/STIP details. 4. Location Information: please add the location/address of any specific project locations (i.e. proposed bus station/terminal) 5. Project Activity Line Items a. 11.42.43: ADA vehicle equipment: based on unit cost ($11,000), please provide a useful life. Comment By Robert Sachnin Comment Pre -Award Manager Returns Application Type Date 12/13/2021 Good Morning - please see comments below 1. Application Titie: Please add and PM after Capital Assistance Part 2 Application Information: 1. Executive Summary: a. Thank you for adding the OMB executive summary requirements. however they Comment appear to be spread out throughout the executive summary please keep all 5 elements together, even if it means copying/pasting and have some duplicative information. Part 3 Project Information 1. Program Plan Information. please populate the STIP/TIP section wISTIP details. 2. For 11.42.43, please confirm with the grantee if the useful life of the ADA restraint systems is longer than that of the vehicles. If it is, they may need to early dispose the system when the vehicles are disposed. Comment By Robert Sachnin Comment Pre -Award Manager Returns Application Type Date 12/16/2021 Comment The application is being returned to the recipient to adjust FTA amounts in alignment with the FDOT Governors Apportionment letter. Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION 128 GRANT AGREEMENT (FTA G-28, February 9, 2021) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement. (1) "Federal Transit Administration Master Agreement," FTA MA(28), February 9, 2021, http://www. transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows: Recipient Information Recipient Name: INDIAN RIVER, COUNTY OF Recipient ID: 5630 DUNS No: 079208989 Award Information Federal Award Identification Number: FL -2022-006-00 Award Name: 5307 Capital Assistance & PM, Sebastian -Vero Beach UZA,' Indian River Co., FL Award Start Date: 1/6/2022 Original Award End Date: 3/30/2031 Current Award End Date: 3/30/2031 Award Executive Summary: Purpose: The purpose of this FY 2021 5307 grant is to provide capital assistance and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach demand response service. 129 Activities to be performed: The activities will replace vehicles and equipment that have exceeded useful life requirements, acquire and construct bus shelters for fixed -route service, construct bus station improvements at the North County Nub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COVID-19 pandemic. Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations. Sub -recipient Activities: None The total eligible cost is $2,171,982. The federal share consists of $2,171,982 in Section 5307 funds. Descriptions of the activities funded in this application are listed under each respective project description. The Florida Department of Transportation has authorized toll revenue credits in the amount of $542,996 in support of this application dated October 23, 2021. In accordance with federal regulations, a public hearing was conducted on November 2, 2021 and advertised in advance. A copy of the FDOT Toll Revenue Credit letter is attached for FFY 2021 Sec 5307. A copy of the Florida Governor's Apportionment letter is attached for FY 2021 Sec 5307. The current FY21 FDOT STIP is attached. 5307 Capital Assistance is listed in item number/ FM# 407190- 2. As required, 1 % of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly. Pre -Award Authority: This award is using Pre -Award Authority. Award Budget Total Award Budget. $2,171,982.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $2,171,982.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 130 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $2,171,982.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $0.00 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items) or as attached) Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,171,982 forward) Local $0 Local/In-Kind $0 State $0 Statelln-Kind $0 Other Federal $0 Transportation Development Credit $542,996 Adjustment $0 Total Eligible Cost $2,171,982 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Review Decision: DOL Concurs - Certified Original Certification Date: 1/4/2022 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By. Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date: 1/6/2022 131 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient (1) Affirms this FTA Award. (2) Adopts and ratifies all of the following information it has submitted to FTA (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials. (3) Consents to comply with the requirements of this FTA Award. and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By Brian Freeman MPO Staff Director INDIAN RNEP., COUNTY OF 1/6/2022 132 U.S. Department of Transportation Award FTA Federal Transit Administration Federal Award Identification FL -2022-013-00 Number (FAIN) Temporary Application Number 5630-2021-2 Award Name 5307 ARPA, Operating and Capital Assistance; Sebastian -Vero Beach UZA; Indian River Co., FL Award Status '" Active (Executed) Award Budget Number 0 Period of Performance Start Date 1/13/2022 Driginal Period of Performance End Date 3/30/2029 Current Period of Performance End Date 3/30/2029 Revision #: 0 Part 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 Count A INDIAN RIVER COUNTY BOARD OF COUNTY County Agency y 079208989 COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Award Information 133 Title: 5307 ARPA, Operating and Capital Assistance; Sebastian -Vero Beach UZA; Indian River Co., FL FAIN Award Status Award Type Date Created Last Updated Date From TEAM? FL -2022-013-00 Active (Executed) Grant 4114/2021 4114!2021 No Award Executive Summary This FFY 2021 Section 5307 application in the amount of $973,816 (100% Federal Share) utilizes American Rescue Plan Act funding to help respond to and recover from the COVID-19 pandemic. Purpose The purpose of this FY 2021 5307 American Rescue Plan (ARP) grant is to provide operating and capital assistance for public transportation in Indian River County Capital assistance is for the acquisition mobile surveillance and security equipment. This application utilizes ARP Act funding to help respond to and recover from the COVID-19 pandemic Activities to be performed: Funds will be used to cover all eligible operating expenses such as driver salaries, fuel, and items having a useful life of less than one year. The activities are necessary to maintain a reliable public transportation system. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COVID-19 pandemic. Intended beneficiaries: The Indian River County public transportation system and the riders that rely on its service: will benefit from continued services, permittirg workers to get to work and riders to get to essential services. Sub -recipient Activities: None Indian River County agrees that if it receives Federal funding from the Federal Emergency Management Agency (FEMA) or through a pass-through entity through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a different Federal agency, or insurance proceeds for any portion of a project activity approved for FTA funding under this Grant Agreement, it will provide written notification to FTA, and reimburse FTA for any Federal share that duplicates funding provided by FEMA, another Federal agency, or an insurance company. The Recipient certifies that it, and its subrecipients and contractors that are providers of public transportation, have not furloughed any employees since March 27, 2020 (the enactment date of the CARES Act). No federal funding has been previously received for operating assistance during the period of this project. The Operational Expenses requested in this application were determined by by Indian River County in coordination with its transit operator, the Senior Resource Association. Indian River County understands that the expenses requested in this application are subject to review for their reasonableness as part of the agency's next Triennial/State Management Review. Attached is a copy of the Florida Governor's Apportionment letter dated April 23, 2021. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list 134 The project in this application includes only operations, planning and/or capital projects, with no substantial functional, location, or capacity change Therefore, per ARP requirements, no Statewide Transportation Improvement Program (STIP) or Transportation Improvement Plan (TIP) documentation is needed, Per ARP act. the project in this application islare not required to be programmed in the Long -Range Transportation Plan, Statewide Transportation Plan, or Statewide Transportation Improvement Program. This project only includes operating expenses and/or capital expenses that do not include substantial functional, location, or capacity changes to the asset or system, therefore no public hearing is required. As required, 1 % of the award has been allocated to security -related projects (see ALI 11 42,09) Frequency of Milestone Progress Reports (MPR) Annual Frequency of Federal Financial Reports (FFR) Annual Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority Does this application include suballocation funds? Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No, this Grant does not use Lapsing Funds Will indirect costs be applied to this application? This award does not include an indirect cost rate Indirect Rate Details NIA Requires E.O. 12372 Review No. this application does not require E.O. 12372 Review Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone charies.chiu@dot.gov General Engineer Jon Howard Senior Planner jhoward@ircgov.com (772) 226-1672 robert.sachnin@dot.gov Community Planner 135 Award Budget Control Totals Funding Source 5307 - Urbanized Area Formula Grants (ARPA) Local Locallln-Kind State State/In-Kind Other Federal Transportation Development Credit Adjustment Total Eligible Cost Award Budget Section of Statute CFDA Number Amount 5307-9 20607 $973,816 SO $0 $0 SO SO SO $0 $973,816 Project Number Budget Item FTA Amount Non- FTA Amount Total Eligible Amount Quantity FL -2022-013-01- 114-00 BUS: SUPPORT EQUIP $9,738.00 $0.00 $9,738.00 0 00 Al)4 AND FACILITIES ACQUIRE - FL -2022-013-01- MOBILE 11.42.09 SURV/ 59,738.00 SO.00 $9,738.00 0 00 SECURITY EQUIP FL -2022-013-01- 300-00 (300- OPERATING $964,078.00 $0.00 $964,078.00 0 00 A2) ASSISTANCE EMER RELIEF - FL -2022-013-01- 30.09.08 OPERATING S964,078.00 S0.00 $964,078.00 0 00 ASSIST - 100% Fed Share Discretionary Allocations This application does not contain discretionary allocations. Sources of Federal Financial Assistance PO Project Scope Scope Scope UZA Area Account Amendment Cumulative Number Number Name Number Suffix Code Name Class FPC Description Amount Amount Code 136 Part 3: Project Information Project Title: ARP 5307 Operating and Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2022-013-01-00 5630-2021-2-P1 9/15/2021 12/31/2021 311/2024 Project Description This project is for $973,816 in ARP 5307 funds. Operating assistance for Indian River County's GoLine fixed route system. Capital assistance is for the acquisition mobile surveillance and security equipment. Project Benefits This project will allow for the preservation of the GoLine public transportation services. which will benefit the residents of Indian River County Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County Include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123920 Sebastian --Vero Beach South --Florida Ridge, FL Congressional District Information State District Representative Florida 8 Bill Posey Program Plan Information STIP/TIP 137 FL -2022- OPERAT Urbanized Are FL -90-Y 013-01-0 ING ASS 300-00( A2 1200 Florid 2021.32.9 04 a Formula Gra $964,078 5964.078 165 0 ISTANC 300) 00 a 0 PV.1 nts (ARPA) E BUS: SU FL -90 -Y FL -2022- PPORT 114-00( 1200 Florid 2021.32.9 Urbanized Are 165 013-01-0 EQUIP A Al 114) 00 a 00 0.PV.1 a Formula Gra $9,738 $9.733 0 ND FACT nts (ARPA) LITIES Part 3: Project Information Project Title: ARP 5307 Operating and Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2022-013-01-00 5630-2021-2-P1 9/15/2021 12/31/2021 311/2024 Project Description This project is for $973,816 in ARP 5307 funds. Operating assistance for Indian River County's GoLine fixed route system. Capital assistance is for the acquisition mobile surveillance and security equipment. Project Benefits This project will allow for the preservation of the GoLine public transportation services. which will benefit the residents of Indian River County Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County Include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123920 Sebastian --Vero Beach South --Florida Ridge, FL Congressional District Information State District Representative Florida 8 Bill Posey Program Plan Information STIP/TIP 137 Date: Not Provided Description: This project(s) includes only operations, planning and/or capital projects, with no substantial functional, location, or capacity change. Therefore, per ARP requirements, no Statewide Transportation Improvement Program (STIP) or Transportation Improvement Plan (TIP) documentation is needed. UPWP Date: N/A Description: N/A Long Range Plan Date: NIA Description: N/A Project Control Totals Funding Source 5307 - Urbanized Area Formula Grants (ARPA) Local Local/In-Kind State State/In-Kind Other Federal Transportation Development Credit Adjustment Total Eligible Cost Project Budget Section of Statute CFDA Number Amount 5307-9 20507 $973,816 $0 $0 $0 $0 SO $0 $0 $973,816 FTA Non- Total Project Number Budget Item Amount FTA Eligible Quantity Amount Amount FL -2022-013-01- 114-00 BUS: SUPPORT EQUIP 00 (11 AND FACILITIES ACQUIRE - MOBILE FL -2022-013-01- 11.42.09 SURV/ 00 SECURITY EQUIP $9,738.00 $0.00 $9,738.00 $9,738.00 $0.00 $9,738.00 FL -2022-013-01- 300-00 OPERATING 00 (300- ASSISTANCE $964,078.00 A2) EMER FL -2022-013-01- 30.09.08 RELIEF - $964,078.00 00 OPERATING ASSIST - $0.00 $964,078.00 $0.00 $964,078.00 X71 911 0! A 138 100% Fed Share Project Budget Activity Line Items Budget Activity Line Item: 11.42.09 - ACQUIRE - MOBILE SURV/SECURITY EQUIP Scope Name / Code Line Line Item Name Activity Quantity Item # BUS. SUPPORT EQUIP ACQUIRE - MOBILE ACQUISITION OF BUS AND FACILITIES (114- 11.42.09 SURV/SECURITY SUPPORT 0 00) EQUIP EQUIPiFACILITIES Extended Budget Description Security cameras and recording equipment for vehicles and the Main Transit Hub, includes equipment for new vehicles and replacing old equipment as needed. This ALI satisfies the required 1 % of the award for security -related projects. If an equipment item is purchased with these funds which has a cost over $5,000, a budget revision will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity line item? Yes. 3rd Party Contractors will be used for this line item Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (ARPA) 5307-9 20507 $9,738 r . Local .. .. ... R $0 Local/In-Kind $0 Stateso , _ State/In-Kind. $0 i Other Federal $0 Transportation Development Credit $0 Adjustment $0 Total Eligible Cost $9,738 Milestone Name Est. Completion Description Date RFP/IFB Issued 3/1/2023 Contract Award 6/1/2023 Project Complete 3/1/2024 Budget Activity Line Item: 30.09.08 - EMER RELIEF - OPERATING ASSIST - 100% Fed Share Scope Name / Code Line Item Line Item Name Activity Quantity 139 OPERATING EMER RELIEF - OPERATING OPERATING ASSISTANCE (300-00) 30.09.08 ASSIST - 100% Fed Share ASSISTANCE 0 Extended Budget Description Operating expenses for the period of 10/1/2022 through 6/30/2023. Service provided under contract which includes operation and maintenance of the transit system. Transit vehicles are owned by Indian River County. Milestone dates listed are for the current service contract_ Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source 5307 - Urbanized Area Formula Grants (ARPA) Local LocaUln-Kind State State/In-Kind Other Federal Transportation Development Credit Adjustment Total Eligible Cost Section of Statute CFDA Number Amount 5307-9 20507 $964,078 $0 50 $0 $0 $0 SO $0 $964,078 Milestone Name Est. Completion Description Date Contract Award 12/31/2021 Initial Expenditure 10/1/2022 Final Expenditure 6/30/2023 Project Environmental Findings Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. 140 Date Description Date Class Ilc CE Approved Line Item FTA Total Scope Name / Code Number Line Item Name Quantity Amount Eligible Cost BUS: SUPPORT EQUIP ACQUIRE - MOBILE AND FACILITIES (114- 11.42.09 SURV/SECURITY 0 $9,738.00 $9,738.00 00) EQUIP Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class Ilc CE Approved Scope Name / Line Item Line Item Name Code Number OPERATING EMER RELIEF - ASSISTANCE (300- 30.09.08 OPERATING ASSIST - 00) 100% Fed Share Part 4: Fleet Details No fleet data exists for this application. Part 5: FTA Review Comments Application Review Comments Comment By Robert Sachnin Comment Pre -Award Manager Returns Application Type Date 12/13/2021 Quantity FTA Total Eligible Amount Cost 0 $964,078.00 $964,078.00 141 Good Morning - please see joint comments below: General: 1. Financials: the application amount (8973,815) does not match the Governors Apportionment ($973,816) 2. Application Title: please add the proposed activities (re. operating & capital) and transit agency name. 3. Pre -award authority: was selected, FYI - the pre -award authority effective date of 1/ 20/20 for ARP, no expenses can occur prior to this date 4. Period of Performance/Application End Date: should be set to the next March 30 a minimum of 5 years beyond the latest milestone date in the application. The latest milestone appears to be 3/1/24, making the period of performance end date 3/30/29. Please note that if the milestone dates change, the period of performance may also need to be adjusted accordingly and for ARP, all funds must be disbursed by 9/30/29. 5. Part 2 Application: 1. Project Title: please also describe project activities (i.e. capital & operating) 2. Executive Summary. a. Please see financial comment. If any adjustments to budget are made, please also make them here. b. The dates described in the executive summary (10/1/22) do not match the ALI milestones, for example, the capital activities have a milestone ending on 3/1/24. It is not necessary to include such dates in the executive summary. c. Please also briefly describe proposed capital activities. d. Please add the 5 OMB executive summary requirements, which FTA is incorporating into all applications. Please also keep these 5 topics together and provide a concise, plain language description for each: 1) Purpose of Award, 2) Activities to be Performed, Comment 3) Expected Outcomes, 4) Intended Beneficiaries, & 5) subrecipient activities if applicable. More information may be found here: hffps://wtAv.transit.dot.gov/sites/ fta.dot.gov/files/2021-08/Sample-Executive-Summaries-for-ARP-Grants-8-20-21. pdf e. ALI 11.42.01 would be considered a capital project that triggers certification requirements. Please confirm whether or not your agency has furlough any employees, including any subrecipients and/or contractors of public transportation. If any applicable furloughs have occurred, capital expenses would be ineligible. If no furloughs are confirmed, please add the following statement The Recipient certifies that it, and its subrecipients and contractors that are providers of public transportation, have not furloughed any employees since March 27, 2020 (the enactment date of the CARES Act) . f. It is not clear what Insurance Statement: insurance is not applicable for this project. should this be deleted? g. Please replace the TIP/STIP paragraph with the exact statement from the ARP toolkit: Per ARP, the project(s) in this application is/are not required to be programmed in the Long -Range Transportation Plan, Statewide Transportation Plan, or Statewide Transportation Improvement Program. h. A public hearing is not required for projects that do not involve a substantial change to the function, location, or capacity of an asset. Please clarify whether or not this project will result in any substantial changes to function, location or capacity. Part 3 Project Information: 1. Project Description: a. Please add the funding type (i.e. ARP 5307), amount, and brief description of capital and operating activities proposed. 2 Project Location (Urbanized Areas) a. Please also add UZA Code 120000, Area Name Florida. 3. Program Plan Information i. Please confirm whether not this project will result in any substantial changes to 142 function, location or capacity. If so, STIP documentation should be provided and attached to the application, in addition to other language from the ARP toolkit. If not, please add the following statement: This project(s) includes only operations, planning and/or capital projects, with no substantial functional, location, or capacity change. Therefore, per ARP requirements, no Statewide Transportation Improvement Program (STIP) or Transportation Improvement Plan (TIP) documentation is needed. 4. Project Activity Line Items: a. 300-30.09.08: i. Please clarify and edit details in the extended budget description, as applicable: 1. Its unclear how the 1% security is related to this ALI, are there additional operating security measures being conducted, or is the 1% limited to the security camera ALI? 2. Since "Service provided under contract which includes operation and maintenance of the transit system," 40% of the cost should be capture under ALI 11.71.12 (CCC Type 1: Service Contract (contractor provides maintenance and transit service; recipient provides vehicles). The remaining 60% can remain in this ALI. Application Review Comments Comment By Jon Howard Comment Application Details Type Date 1/4/2022 Reviewed and implemented Pre -award Manager joint comments. Sent email with inquiry Comment on Capital Cost of Contracting. CCC ALI not required on this application, but may be necessary on future operating assistance grants. Application Review Comments Comment By Boyd Melton Comment Application Details Type Date 1/10/2022 Comment NOTE - As PAA is selected a task will be generated in TrAMs for an initial FFR after award and prior to grant execution. Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-28, February 9, 2021) On the date the authorized U S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this 143 FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(28), February 9, 2021. httpa/www. transit dot gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT. "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows Recipient Information Recipient Name: INDIAN RIVER, COUNTY OF Recipient ID. 5630 DUNS No 079208989 Award Information Federal Award Identification Number FL -2022-013-00 Award Name 5307 ARPA, Operating and Capital Assistance, Sebastian -Vero Beach UZA, Indian River Co., FL Award StartDate 1/13/2022 Orioinal Award End Date: 3/30/2029 Current Award End Date. 3/30/2029 Award Executive Summary: This FFY 2021 Section 5307 application in the amount of $973,816 (100% Federal Share) utilizes American Rescue Plan Act funding to help respond to and recover from the COVID-19 pandem c Purpose: The purpose of this FY 2021 5307 American Rescue Plan (ARP) grant is to provide operating and capital assistance for public transportation in Indian River County Capital assistance is for the acquisition mobile surveillance and security equipment. This application utilizes ARP Act funding to help respond to and recover from the COVID-19 pandemic. 144 Activities to be performed Funds will be used to cover all eligible operating expenses such as driver salaries, fuel, and items having a useful life of less than one year. The activities are necessary to maintain a reliable public transportation system. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COVID-19 pandemic Intended beneficiaries. The Indian River County public transportation system and the riders that rely on its service, will benefit from continued services, permitting workers to get to work and riders to get to essential services. Sub -recipient Activities: None Indian River County agrees that if it receives Federal funding from the Federal_ Emergency Management Agency (FEMA) or through a pass-through ertity through the Robert T. Stafford Disaster Relief and Emergency Assistance Act. a different Federal agency, or insurance proceeds for any portion of a project activity approved for FTA funding under this Grant Agreement, it will provide written notification to FTA. and reimburse FTA for any Federal share that duplicates funding provided by FEMA, another Federal agency, or an insurance company. The Recipient certifies that it, and its subrecipients and contractors that are providers of public transportation, have not furloughed any employees since March 27, 2020 (the enactment date of the CARES Act) No federa! funding has been previously received for operating assistance during the period of this project. The Operational Expenses requested in this application were determined by by Indian River County in coordination with its transit operator, the Senor Resource Association. Indian River County understands that the expenses requested in this application are subject to review for their reasonableness as part of the agency's next Triennial/State Management Review. Attached is a copy of the Florida Governor's Apportionment letter dated April 23, 2021. Indian River County will follow all 3rd party procurement policies as defined in C4220 1F (Third Party Contractirg Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. The project in this application includes only operations, planning and/or capital projects, with no substantial functional, location, or capacity change. Therefore, per ARP requirements, no Statewide Transportation Improvement Program (STIP) or Transportation Improvement Plan (TIP) documentation is needed. Per ARP act, the project in this application is%are not required to be programmed in the Long -Range Transportation Plan, Statewide Transportation Plan, or Statewide Transportation Improvement Program. This project only includes operating expenses and/or capital expenses that do not include substantial functional, location, or capacity changes to the asset or system, therefore no public hearing is required As required, 1 % of the award has been allocated to security -related projects (see ALI 11 42 09). Research and _Develogme i This award does not include research and development activities Indirect Costs: This award does not include an indirect cost rate 145 Suballocation Funds: Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Pre -Award Authority: This award is using Pre -Award Authority. Award Budget Total Award Budget: $973,816.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $973,816.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $973,816.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $0.00 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items) or as attached) Funding Source 5307 - Urbanized Area Formula Grants (ARPA) Local Local/In-Kind State State/In-Kind Other Federal Transportation Development Credit Adjustment Total Eligible Cost Section of Statute CFDA Number Amount 5307-9 20507 $973,816 $0 $0 $0 $0 $0 $0 $0 $973,816 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Review Decision: DOL Concurs - Certified Original Certification Date: 1/11/2022 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by 146 federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date. 1/13/2022 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Brian Freeman MPO Staff Director INDIAN RIVER, COUNTY OF 111412022 147 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1s' may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 148 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 149 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this September 13, 2022 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Treasure Coast Homeless Services Council, Inc. ("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960, for Continuum of Care grants. Background Recitals A. The County received Continuum of Care grants see attached list — Exhibit A ("Award") from the Department of Housing and Urban Development (HUD) on March 14, 2022. B. The Awards are for homeless rental assistance and homeless management information system (i.e., administration of the programs). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, are set forth in the attached list — Exhibit A. D. The Assistance Listing Number (ALN) for the Awards, if applicable, is set forth in the attached list — Exhibit A. The total dollar amount made available under the Awards is $1,121,976. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants; however 7% has been agreed upon between the County and subrecipient. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient or Subrecipient's County -approved designee for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development. The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 150 4. Term. The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) set forth in the attached list ("Grant Period") — Exhibit A. The Grant Period and performance start date commences on the date set forth in the attached list — Exhibit A. Grant Funds and Payment. The approved Grants for the Grant Period is $1,121,976. The amount of federal funds obligated under this Contract by the County to the Subrecipient is $1,121,976. The total amount of the Awards committed to the Subrecipient by the County is $1,121,976. The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is $1,121,976. The County agrees to reimburse the Subrecipient or Subrecipient's County approved designee from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient 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. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Finance Department of the County within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 151 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than October 1, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as 152 an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'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 of the County Attorney 1801 27th Street Vero Beach, FL 32960 153 8. Termination. Termination in regards to F.S. 287.135: Subrecipient certifies that it and those related entities of SUBRECIPIENT 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, Subrecipient certifies that it and those related entities of Subrecipeint 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 Subrecipient 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 Subrecipient, 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. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Director Office of Management and Budget Indian River County 1801 271h Street Building A Vero Beach, FL 32960 Subrecipient: Louise Hubbard, Executive Vice President Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 154 IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney SUBREC TENT: s By: — ! Agency Name: Treasure Coast Homeless LoTis6d Hubbard, Executive Vice President Services Council, Inc. 155 0 IL C Lk d w R p L R 3 a M M M M M M M M M N N N N N N N N N M M M M M M M M M O M w(0 00 LO 0000 N co 0 0 0 0 0 0 0 O N N N N N N N N N N N N N N N N N N O O O O O OO OO OO O O H O L— O O O — q- 000000000 -000000000 N N O d' N N 1-t 0 0 w r M M C) 'IT O— O "t O h C O O ":t M O N O M M CA O �NMCD MN�N'.-TN E M r r r Q � V). r-- r— L- r— r— L- r- r- r - Q (D (D CD co co CD (D CD CD p N N N N N N N N N LL V � ct It 't 14, It It U �*p ImvItd mNhmo o— —— 0 CD 0 N N N N N N N N N 3 0 0 0 0 0 0 0 0 0 Z 2= 2 2 2 2 2 2 2 LL J J J J J J J J J R C:2 CD m M O O w O E M CD a0 t d M M M 'IT -O 0 0 0 0 0 0 0 0 0 y J J J J J J J J J Ly LL LL LL LL LL LL. LL LL LL w w w w w w w U U 0000 U Q Q Q Q Q Q Q U) U) U) U) CO U) U) E75 FJ5 &5 FJ5 &5 &3 F75 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Z Z— Z Z Z Z— Z LU www w w w y N Ewwwwwwwwwp Z Q Q Q Q Q Q Q Q Q Q +-UUUUUUUUU� LL LL LL LL LL LL LL LL LL a LOOOOOOOOOLL tZZZZZZ_Z_Z_Z_Z0 .L HF-F-HF-F-HHF-F- y Z Z Z Z Z Z Z Z Z m 0 0 0 0 0 0 0 0 0 0 n p UUUUUUUUUfn EXHIBIT B e���NlW+ DI� U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT March 14, 2022 Ms. Leigh Uribe Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Ms. Uribe: Congratulations! I am delighted to inform you of the funding for your project(s) under HUD's Notice3 of Funding Opportunity (NOFO) for Fiscal Year (FY) 2021 Continuum of Care Competition and NonCompetitive Award of Youth Homeless Demonstration Program Renewal and Replacement Grants for a total of $1,121,976. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2021 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each project. HUD field office staff will notify you when they are available to process grant agreements; once all conditions are satisfied and the grant agreement is executed, your organization can expend funds. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Sincerely, James Arthur Jemison II Principal Deputy Assistant Secretary for Community Planning and Development www.hud.gov espanol.hud.gov 157 Enclosure FL01131,4H092109 COCWIDE TRA Renewal $118,992 FL0114L4H092114 ALCOHOPE Renewal $94,992 FL0116L4H092114 HMIS COORDINATED ENTRY $35,400 FL0119L4H092114 New Chronics $361,344 FL03381,411092108 COC WIDE TRA TWO $94,992 FL0360L4H092112 Indian River Chronic $124,212 FL0380L4H092107 FAMILY RENTAL ASSISTANCE $119,904 FL0418L4H092109 2019 DATA QUALITY $27,840 FL0440L4H092110 NEW HORIZONS TWO $144,300 Total Amount: $1,121,976 158 i t U.S. Department of Housing and Urban Development t ! Office of Community Planning and Development 400 West Ba Street Suite 1015 Jacksonville, FL 32202 Grant Number: FL0113L411092109 Tag ID Number: 59-6000674 Unique Entity Identifier ISAM]: FB3SLJJZ38K9 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement') is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "AW); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $118,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol_hud.gov Page I 159 Grant No. Grant Term Performance Period Budget Period Total Amount FL0113L4H092109 12 months 09-01-2022 -08-31-2023 09-01-2022 -08-31-2023 $118,992 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $118,992 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hudZov Page 2 160 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations_ The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year_ The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement www.hud.gov espanol.hud.gov Page 3 161 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). Page d 162 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: S O N Digitally signed by: LISA JOHNSON LISA JOHN DN` CN =(.ISA JOHNSON C =USO = U.S. Government ,b Department of Housing and Urban Development. of Community Planning and Development Dfite: 2022.06.30 09:25:16 -04W (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Deputy Clerk Approved as to form and legal sufficiency: In Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov As Jason E. Brown, County Administrator Page 5 163 Indirect Cost Schedule Agency/DeptiMajor Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each departmentlagency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 GFR 578.63; 2 CFR part 200, subpart E; Appendix N to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 164 ' U.S. Department of Housing and Urban Development Ia Office of Community Planning and Development �•"-* y ? 400 West Bay Street .. Suite 1015 Jacksonville, FL 32202 Grant Number: FL0114L4H092114 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act' 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $94,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page 1 165 Grant No. Grant Term Performance Period Budget Period Total Amount FLO] 14L4H092114 12 months 04-01-2022 - 03-31-2023 04-01-2022 - 03-31-2023 $94,992 a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing f. Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System J. Administrative costs k. Relocation Costs 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance www.bud.gov espanol.hud.gov $0 $0 $0: $0 $0 $94,992 $0 $0 $0 $0 $0 $0 $0 Page 2 166 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance.for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of.renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC .Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). -This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud,gov Page 3 167 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and. may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD. approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Pagc 4 168 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: LISA JOHN So N DigitallyCN signed by USA JOHNSON DN: CN =LISA JOHNSON C =USO = U.S. Government 71Department of Housing and Urban DevelopmenL °B of Community Planning and Development e: 2022.06.30 09:25:42 -04'00' (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: By: By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney a-ww.hud.gov espanol.hud.gov Page 169 Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate.and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix N to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Pago 6 170 ' U.S. Department of Housing and Urban Development Office of Community Planning and Development y • 400 West Bay Street Suite 1015 Jacksonville, FL 32202 Grant Number: FL0116L411092114 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.G. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $35,400, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanot.hud.gov Page 1 171 Grant No. Grant Term Performance Period Budget Period Total Amount FL0116L4H092114 12 months 09-01-2022 - 08-31-2023 09-01-2022 - 08-31-2023 $35,400 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $0 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $35,400 j. Administrative costs $0 k Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 172 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to.this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the. budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 173 HUD notifications to the. Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field- Office ieldOffice executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Page A 174 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development LISA J O H N S O N Digitally signed by: LISA JOHNSON DK'CN =LISA JOHNSON C =USO = U.S. Government }QU = Department of Housing and Urban Development, /Ofjos of Community Planning and Development p te: 2022.06.30 09:26:06 -04'00' (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) I -A (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Deputy Clerk Approved as to form and legal sufficiency: 0 Dylan Reingold, County Attorney By: Jason E. Brown, County Administrator www.hud.gov espanol.hud.gov Page 5 175 Indirect Cost Schedule Agency/DeptJMajor Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 176 Grant Number: FLOI 19L4HO92114 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement') is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $361,344, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www•.hud.gov espanol.hud.gov Page t 177 Grant No. Grant Term Performance Period Budget Period FL0119L4H092114 12 months 07-01-2022 - 06-30-2023 07-01-2022 - 06-30-2023 a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing f. Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System j. Administrative costs k. Relocation Costs 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance www.hud.gov espanol.hud.gov Total Amount $361,344 $0 $0 $0 $0 $0 $361,344 $0 $0 $0 $0 $0 $0 $0 Page 2 178 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition proiect(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate, Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant.funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 179 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud_gov espanol.hud.gov Page 4 180 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development B,y Digitally signed by: LISA JOHNSON L D?�. CN = LISA JOHNSON C = US O = U.S. government OU = Department of Housing JOHNSON la,4 m Development, Office of C munitunit y Planning and Development Date: 2022.06.30 09:27:22 -04'00' (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: By: Deputy Clerk Approved as to form and legal sufficiency: 0 Dylan Reingold, County Attorney ",w.hud.gov espanol.hud.gov M Jason E. Brown, County Administrator Page 5 181 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must alsospecify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per. 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix N to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 182 0 ' U.S. Department of Housing and Urban Development Office of Community Planning and Development * ♦ 400 West Bay Street fsSuite 1 015 Jacksonville, FL 32220202 Grant Number: F1,03381,411092108 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement') is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $94,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov egmol.hud.gov Page I 183 Grant No. Grant Term Performance Period Budget Period FL0338L4HO92108 12 months 09-0I-2022 - 08-31-2023 09-01-2022- 08-31-2023 a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing f. Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System j. Administrative costs k. Relocation Costs 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance www.hud.gov espanol.hud.gov Total Amount $94,992 $0 $0 $0 $0 $0 $94,992 $0 $0 $0 $0 $0 $0 $0 Page 2 184 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this .Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects maybe drawn down by Recipient before the end date of the project's budget•period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the. Continuum that designated the Recipient to apply.for the grant was designated an HPC. for the applicable fiscal year. The Recipient must complete the attached `°Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 185 HUD notifications to the Recipient _shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No. right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS. (Consolidated Plan). www.hud.gov espanol.hud.gov Page 4 186 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development LY8* A Digitally signed by: LISA JOHNSON DN: CN = LISA JOHNSON C = US O = U.S. Government OU = Department of Housing JOa - � � O � an� Urban Development. Office of Community Hpanning and Development Date: 2022.06.30 09:27:49 -04'00' (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith. Clerk of Court and Comptroller Approved: LE M Deputy Clerk Approved as to form and legal sufficiency: M Dylan Reingold, County Attorney Jason E. Brown, County Administrator www.hud.gov espanol.hud.gov Page 5 187 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E1- Appendix ;Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Pago 6 188 Grant Number: FL036OL4HO92112 Tax ID Number: 59-6000674 Unique Entity Identifier (SAM): FB3SLJJZ38K9 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is S 124,212, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page i 189 Grant No. Grant Term Performance Period Budget Period Total Amount FL0360L4140921.12 12 months 06-01-2022 - 05-31-2023 06-01-2022 - 05-31-2023 $124,212 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $124,212 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 190 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanollud.gov Page 3 191 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanollud.gov Page 4 192 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Byf SA Digitally signed by: LISA JOHNSON DN CN = LISA JOHNSON C = US O = U. S`Government OU = Department of +No sing and Urban Development, Office of munity Planning and Development JOHNSON G (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: Jule 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Deputy Clerk Approved as to form and legal sufficiency: By: Jason E. Brown, County Administrator Dylan Reingold, County Attorney wwwhud.gov espanol.hud.gov Page 5 193 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.bud.gov espanol.hud.gov Page 6 194 Grant Number: FL03801AH092107 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement') is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"), This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The tenor "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as pari of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $119,904, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov eslnol.hud.gov Page t 195 Grant No. Grant Term Performance Period Budget Period Total Amount F1,0384L414092107 12 months 09-01-2022 - 08-31-2023 09-01-2022 - 08-31-2023 $119,904 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $119,904 g. Supportive services $0 h_ Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 196 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects maybe drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projectsfunded under this Agreement, or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement www.hud.gov espanol.hud.gov Page 3 197 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right,.benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www_hud.gov espanol.hud.gov Page 4 198 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development LISA JOHNSON (Signature) Digitally signed by: LISA JOHNSON ON: CN = LISA JOHNSON C = US O = U.S. mment OU = Department of Housing and Urban Development, office of community tinning and Development Date: 2022.08.30 09:28:12.04'00' Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) M. (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: 0 Deputy Clerk Approved as to form and legal sufficiency: M Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov Jason E. Brown, County Administrator Page 5 199 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. - To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www_hud.gov espanol.hud.gov Page 6 200 Grant Number: FL0418L4H092109 Tag ID Number: 59-6000674 Unique Entity Identifier [SAMI: FB3SLJJL38K9 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant' or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $27,840, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page 1 201 Grant No. FL0418I,414092109 Grant Term 12 months Performance Period Budget Period 01-01-2023 - 12-31-2023 01-01-2023 - 12-31-2023. a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing £ Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System j. Administrative costs k. Relocation Costs 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance wwwlud.gov espanol.hud.gov Total Amount $27,840 $0 $0 $0 $0 $0. $0 $0 $0 $27,840 $0 $0 $0 $0 Page 2 202 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs, for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR.200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: if any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the -date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been. renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing. Communities (HPCS) are published in the HUD Exchange'in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the. Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD, with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 GFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 203 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications.to HUD shall be to the HUD Field Office executing the Agreement. No .right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a'current HUD approved CHAS (Consolidated Plan). N"vw.hud.gov espanol.hud.gov Page4 204 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: LISA JOHN So N Digitally signed LISA JOHNSON Dr�'CN =LISA JOHNSON C =USO = U.S. toyemment OU = Department of Housing and /U n Devetopment, Office of Community Planning aDevelopment Data 20� ^7 OS tA'59 22 04'DQ' (Signature) Lisa A Johnson, Acting CPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) M. (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: M Deputy Clerk Approved as to form and legal sufficiency: By: 0 Jason E. Brown, County Administrator Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov Page 5 205 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base 0 This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate .will be applied. To learn .more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments).. www.hud.gov espanol.hud.gov Page 6 2.06 C Grant Number: FL0440L4H092110 Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the operation of projects assisted with Grant Funds are governed by 1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation authorized by this grant agreement is $144,300, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud_gov Pa2c 207 Grant No. Grant Term Performance Period Budget Period FL044OL4HO92110 12 months 04-01-2022 - 03-31-2023 04-01-2022 - 03-31-2023 a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing f. Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System j. Administrative costs k. Relocation Costs 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance www.bud.gov espanollud.gov Total Amount $144,300 $0 $0 $0 $0 $0 $144,300 $0 $0 $0 $0 $0 Page 2 208 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Case as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement www.hud.gov espanol.hud.gov Page 3 209 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field- Office ieldOffice executing the Agreement. No right, benefit„ or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). xvww.hud.gov espanol.hud.gov Page 4 210 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: LISA JOHNSON D.: CN signed by, LISA JOHNSON DN: CN =LISA JOHNSON C =USO = U.S. goyernment OU = Departnent of Housing and Urban pment, Office of Community Manning and Wv�t Date: 2022.06.30 09:52:10.04W (Signature) Lisa A Johnson, Acting GPD Director (Typed Name and Title) (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: July 12, 2022 ATTEST: Jeffrey R_ Smith, Clerk of Court and Comptroller Approved: By: Deputy Clerk Approved as to form and legal sufficiency: M Dylan Reingold, County Attorney www.hud.gov Jason E. Brown,. County Administrator espanol.hud.gov Page 5 211 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to. calculate the Recipient's indirect costs under the grant The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 212. EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 151 may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 213 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assiqnment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 214 10M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: September 7, 2022 +�a . �erF�nanc. 6� SUBJECT: County Capital Asset Inventories and Reactivation of Asset 425663. Annual physical inventories of capital assets are conducted for all Board departments as well as the Clerk of Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, Finance Department staff has completed a detailed physical inventory of approximately 6,700 assets with a current book value of $28,014,242. Assets to be removed from the County inventory must be presented to the Board for approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. Asset #25663, an electronic message board with trailer, was declared surplus by the Board on December 14, 2021. While completing the annual inventory, asset #25663 was found, and asset #25664, which is also an electronic message board with trailer, was sold in its place. 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W ttl td 000 OM Oo0 C e0 EO EO a S o 0 0 0 0 0 0 0 0 0 0 0 o g$In.c°3 o w y ti ti ti� v W 7 ti y ti ti vw7 v AA rn 61rn F F F F F 00000 o`�oomooWoa'oa`$=o00oWQN CI ,aarnrnrnarnaoo U.o.00000 U U U U U U U D N y N.N d N N :�:Aa:« N M ". 1 10 h w o\ O= .N! m. 1Oi W g , K . JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 2000 161 Avenue Vero Beach, FL 32960 Telephone: (772) 226-3108 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: September 6, 2022 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2022 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2021 and 2022. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 218 N N O N PC C O ti N O N O M C PC O ^O C W d t C4 7 P7 000000 r O \O t- rY M O wN 0 0 N 00 O O M 00 � d ^C N 00 O lc .-r N y O I C O N n O N 0 aW� v� N INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Human Services k.UNOtN I AUr-NUH BCC Meeting 09-13-2022 Date: September 6, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Mutual Termination of Memorandum of Agreement with the Indian River County Health Department for Human Services Restructuring. BACKGROUND: In May of 2006, Indian River County entered into an Agreement for Human Services Department Restructuring with the Indian River County Health Department, a division of the Florida Department of Health (the "Agreement"). The purpose of the Agreement is to outline the basic terms and responsibilities of the County and the Health Department in furtherance of a collaborative effort to advance a Human Services Program aimed at reducing social and economic dependency by providing services to those of demonstrative need through various and qualified nonprofit agencies. Under this Agreement, the County funds the Health Department's employment of the Program Manager position plus 10% for oversight of the Program. The County employs a case worker and the Program is managed as a Division of the County's General Services Department reporting to the Assistant County Administrator with oversight by the Office of Management and Budget for funding allocations and invoice review. The parties now desire to terminate the Agreement in favor of increasing the level of service and consolidating this endeavor under County management DESCRIPTION AND CONDITIONS: On May 17, 2022, the Board of County Commissioners adopted County Ordinance 2022-007 amending Chapter 103 (Commissions and Boards) to update various aspects of The Children's Services Advisory Committee, including Membership, Funding, and Distribution of Funds. Pursuant to the Ordinance, the County will add a Manager position to the currently staffing level. This position will blend into the Human Services Division of General Services along with the current Staff to enhance the existing resources currently provided under the Agreement proposed herein for termination. The goals and responsibilities of the program will remain in full force and effect; however, the Managing Director, Program Coordinator, and Case Worker positions will now comprise the Human Services Division and deliver services as County employees under the proposed County budget for the coming fiscal year. The County Administrator's office will begin a recruitment process for the Managing Director along with various other new County Department positions presented at the July 13, 2022 the Budget Workshop. At the commencement of the new fiscal year beginning October 1, 2022, Human Services will continue to function as a Division of General Services. The Managing Director will begin employment 220 upon recruitment and selection by the County Administrator or his designee following the County's Final Budget Hearing set for September 21, 2022. The Health Department has executed the Termination Agreement and remains supportive of the transition. FUNDING - Funding is proposed for the fiscal year 2022-2023 Board of County Commission Budget which compares to the current year's Human Services budget as follows: Expense Type FY 2021/22 REVISED BUDGET FY 2022/23 PROPOSED BUDGET Difference Personnel Expenses (Salaries & Benefits) $64,092 $227,852 $163,760 Operating Costs $142,477 $147,750 $5,273 Health Department Contractual Services $80,000 $0 ($80,000) TOTAL: $286,569 $375,602 $89,033 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners authorize the termination of the Memorandum of Agreement with the Indian River County Health Department for Human Services Restructuring and authorize the Chairman to execute the Agreement. ATTACHMENTS: Termination Agreement Original Memorandum of Agreement For Human Services Restructuring Ordinance 2022-007 APPROVED AGENDA ITEM FOR September 13, 2022 221 TERMINATION OF MEMORANDUM OF AGREEMENT FOR HUMAN SERVICES DEPARTMENT RESTRUCTURING THIS TERMINATION OF MEMORANDUM OF AGREEMENT FOR HUMAN SERVICES DEPARTMENT RESTRUCTURING ("Termination") is entered into as of the day of , 2022 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801271 Street, Vero Beach, Florida, hereinafter referred to as "County", and Indian River County Health Department, a division of the Florida Department of Health and the State of Florida pursuant to chapter 154, Florida Statutes, whose address is 1900 27' Street, Vero Beach, FL 32960, hereinafter referred to as "IRCHD": RECITALS WHEREAS, County and IRCHD entered into a Memorandum of Agreement for Human Services Department Restructuring, effective May 2, 2006; and WHEREAS, the parties wish to terminate the Memorandum of Agreement for Human Services Department Restructuring so that the County can provide services in support of the Children's Services Advisory Committee, NOW THEREFORE, in consideration of the mutual undertakings herein stated and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Memorandum of Agreement for Human Services Department Restructuring. The Memorandum of Agreement for Human Services Department Restructuring shall terminate on October 1, 2022. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. INDIAN RIVER COUNTY BOARD OF INDIAN RIVER COUNTY COUNTY COMMISSIONERS HEALTH DEPARTMENT By: Peter D. O'Bryan, Chairman Printed Name: Date approved: Position: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 222 Page 1 of 1 Memorandum of Agreement for Human Services Department Restructuring This Memorandum of Agreement for Human Services Department Restructuring ("Agreement") is entered into effective this 2"d day of May, 2006, b and between Indian River County, a political subdivision of the State of Florida,1840 25 Street, Vero Beach, FL 32960 ("County") and Indian River County Health Department, a division of the Florida Department of Health and the State of Florida pursuant to chapter 154, Florida Statutes, 1900 27th Street, Vero Beach, FL 32960 ("IRCHD"). BACKGROUND RECITALS A. The purpose of this Agreement is to outline the basic terms of agreement between the County and IRCHD, and to clarify the responsibilities of each party relative to the Human Services Program ("Program"). B. Under this Agreement, all parties mutually agree that: Quality care is the Program's primary goal. 2. All clients of the Program will be treated in accordance with the patient's bill of rights for IRCHD which are attached and incorporated by reference herein. The success of the Program is dependent upon commitment, collaboration, and open communication among the parties. 4. The leadership of IRCHD and the County— IRCHD Administrator/Assistant Director and the County Administrator or his designee-- will meet together regularly regarding the activities of the Program. The Program Manager will be an employee of IRCHD, a member of IRCHD's management team, and will meet regularly with IRCHD's Administrator/Assistant Director to review progress toward goals, quality improvement, and other programmatic issues. 5. The health department will prepare the Program's budget in coordination with the County's Office of Management and Budget. The County will provide disbursements to the Program according to their established schedule. 6. The purpose of this agreement is to incorporate the Program into the responsibilities of IRCHD. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 223 1. HEALTH DEPARTMENT RESPONSIBILITIES 1.1. Human Services. It is agreed that the Program administers the County's general assistance programs aimed at reducing social and economic dependency and providing services to needy residents of Indian River County. Services to be provided include, but are not limited to: psychosocial assessment of client and family needs, referrals as needed to other not -for profit, religious, state, or federal agencies for persons in need of long-term support, distribution of available funds for medicine, food, and other cash assistance. The Program will also complete the billing to Indian River Memorial Hospital and Medicaid for indigent care, as well as assess eligibility for Supplemental Security Income ("SSI") and subsequent qualification for Social Security Disability ("SSD"). The health department will prepare the Program's budget in coordination with the County's Office of Management and Budget. 1.2. Children's Services. It is agreed the Program will provide staff and support to the Children's Services Advisory Committee. Services to be provided include, but are not limited to: development of the annual RFP, monitoring of Children's Services contracts, participation and organization for Countywide Needs Assessment, mid -year and year-end monitoring reports for grantees, and a Children's Services annual report for the Board of County Commissioners. 2. COUNTY RESPONSIBILITIES. The County will follow its established disbursement schedule for the Program's budget. IRCHD will oversee the Program's budget, receive funding for the Program Manager position (salary & benefits for a 40 -hour work week), and be allocated a 10% of total salary and benefits of both the Program Manager and the Human Services staff positions towards oversight of the Program. 3. TERM OF AGREEMENT; TERMINATION 3.1. This Agreement is in effect from the effective date until termination by either party as set forth herein. 3.2 This Agreement may be terminated in the event: 1. IRCHD is not meeting its responsibilities according to this Agreement, whereupon the County shall send a written notice to IRCHD, in the manner set forth in this Agreement, setting forth the issues in specific detail and the date this Agreement shall terminate in the event IRCHD does not cure. Within thirty (30) days following receipt of such notice, IRCHD shall have cured to the reasonable satisfaction of County. In the event IRCHD fails to cure within thirty (30) days, this Agreement shall be deemed to be terminated with no further action by the County, other than written notice from the County to IRCHD of termination; 2. The County is not meeting its' responsibilities according to this Agreement, whereupon IRCHD shall send a written notice to the County, in the manner set forth in this Agreement, setting forth the issues in specific detail and the date this Agreement shall terminate in the event the County does not cure. 224 Within thirty (30) days following receipt of such notice, the County shall have cured to the reasonable satisfaction of IRCHD. In the event the County fails to cure within thirty (30) days, this Agreement shall be deemed to be terminated with no further action by IRCHD, other than written notice.from IRCHD to the County of termination; 3. Of mutual agreement of the parties with no less than thirty (30) days' prior written notice. 4. ASSIGNMENT. This agreement shall not be assigned in whole or in part by either party without the express prior written consent of the other party. 5. SEVERABILITY. If any provision of this Agreement is invalid or inoperative for any reason, then that part of the Agreement shall be deemed modified to the extent necessary to make the Agreement valid and operative or if it can not be so modified, then it shall be severed and the remainder of the Agreement shall continue in full force and effect as if the Agreement had been signed with the invalid portion modified or eliminated. 6. MERGER; MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by IRCHD and the County. 7. GOVERNING LAW; VENUE. This Agreement, including all attachments hereto, shall be construed according to 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. 8. PUBLIC RECORDS. The County and IRCHD shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9. NOTICES. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Tom Frame, General Services Director, as Project Manager 184025 th Street, Vero Beach, FL 32960-3365 Phone: (772) 226 1223; Facsimile: (772) 770-5095 225 IRCHD: Attn: Miranda Swanson, M.P.H., Assistant Director 1900 27th Street Vero Beach, FL 32660 Phone: (772)794-7451, Facsimile: (772)794-7453 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e-, printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. 11. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 12. GENERAL. The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF, the County and IRCHD have caused this Agreement to be executed in their respective names as of the date first set forth above. Indian River County Health Department Indian River County Board of County e nL. Kline, R. -N., M.P.H. ealth Department Administrator Commissioners -, b A J 0 eph A: Baird, County Administrator App ed as to form and legal sufficiency: /Marian E. Fell, Assistant C 6 unty Attorney 4 226 ORDINANCE NO. 2022- oo AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING PART Il (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 101" 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 Countys 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 227 ORDINANCE NO. 2022- aol 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) o_f Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by stFikethFeugh. 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: 228 ORDINANCE NO. 2022- 007 CHAPTER 103. — COMMISSIONS AND BOARDS. PART II. CHILDREN'S SERVICES ADVISORY COMMITTEE. Section 103.20. - Purpose. The purpose of the children's services advisory committee is to promote healthy Ghild 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, 3 229 ORDINANCE NO. 2022- iso Section 103.22. - Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of tl�irteer}-�t3) fifteen (15) voting members who must be residents of Indian River County as follows: a) Six (6 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, Assistant Distrirt Ad-rn+pisstfatsr—#oF 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, fefle sef u 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 fid -at -large 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. $ 230 ORDINANCE NO. 2022- 00 ,. _ Reserved. (5) No designee of principals will be allowed for any member of the children's services advisory committee. .. a. GOMMittee, shall .. Reserved. (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 manner 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. 5 231 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) 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 Oely _�FttP� momhor� ahnll ��r:io crr�mm'+too r•h irc C-11.�.1V V u V UTW A4T4niMurn ef three peGple will,T seiroe-eas b-sor na+ttee: (2) There shall be standing sub -committees created by the children's services advisory committee. The children's services advisory committee chair shall appoint 232 ORDINANCE NO. 2022- ooi 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. 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 obiectives of the children's services advisory committee.: be) 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. ThFOugh-exe- :tive eff, e diFeGter,—netify seleeted_gfafl appliGante esefld step presess 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. 7 233 ORDINANCE NO. 2022- 007 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 o.12 0.25 to the children's services advisory committee. Section 103.27. Distribuflon Use of funds. . ..]MV,— - .. 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. 8 234 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 $5,000, 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)Toprovide for administrative expenses limited to Indian River County staff implementing this chapter and operating supplies directly related to tasks necessary to fulfill the scope and purposes of this chapter, in an amount not to 235 ORDINANCE NO. 2022- 007 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 agreeme Process for distribution of funds. -- e 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 plan 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. 10 236 ORDINANCE NO. 2022- 00 c. Need for service. Appropriate goals and obiectives 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 11 237 ORDINANCE NO. 2022- 007 not limited to, complete seMpletiRg reports and activities required to meet the objectives of the children's services advisory committee. These activities will include, but are not limited to, secretarial 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 manager 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 10th day of May, 2022, which was continued until the 171h 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 12 238 ORDINANCE NO. 2022-00 7 The Chairman thereupon declared the ordinance duly passed and adopted this 17 day of may 2022. ••r•,���iu&S; BOARD OF TYIP + COMMISSIONERS OF INDIAl COUNTY, FLORIDA By:_; ... .... Peter D. O'Bryan, Chairma ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: 4" G WU/2� Dep Clerk This Ordinance was filed with the Department of State on the AM day of May , 2022. APFi OVJ -U AS -0 FORMA A;N0 LEG AL St.:i--FICIENCY BY D�1LAN REtNGC,111-0 COUNTY A1—T0RN)E'a' 13 239 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / SANDRIDGE GOLF Date: September 2, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Bela Nagy, Golf Professional Subject: Additional Service No. 2, for Additional Civil Engineering Services Sandridge Golf Club - New Clubhouse DESCRIPTION AND CONDITIONS: On October 1, 2021, Indian River County and Sandridge Golf Club entered into an agreement with Sun Patrick Architecture, Inc., DBA Sparcdesign for professional services for the Sandridge Golf Club Clubhouse through RFQ 2021020. Sparcdesign has submitted an additional service request for additional scope of work to complete the Civil Engineering Design for requirements to Sprinkler the new clubhouse. It was discovered that the existing domestic water supply feeding the site was insufficient in size to meet the county requirements to serve the building's domestic water supply and the Sprinkler system. Sparcdesign has proposed to perform this work as an additional service utilizing the terms outlined in the Agreement for Professional Services for Sandridge Clubhouse Architectural Design Services — RFQ2021020-Master Plan Study Phase dated October 1, 2021. The cost for Potable Water Extension Main Design and Permitting is $11,220.00 and the cost for responses to Request for Additional Information will be performed for a "Not to Exceed" fee of $6,600.00. The General Conditions of the contract state "without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive." There are no prohibitions in Florida Statute or the Purchasing Manual for a work order at this level of cost. FUNDING: Funding for this Additional Service #2 is available in the Sandridge/Sandridge Clubhouse/Event Space account, number 418-169000-21018, in the amount of $17,820.00. Account Name I Account Number Amount Sandridge/Sandridge Clubhouse/Event Space 1 418-169000-21018 $17,820.00 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E80D4BB1\@BCL@E80D4BBl.doc 240 Page two Additional Service No. 2, Additional Civil Engineering Services Sandridge Golf Club New Clubhouse September 2, 2022 RECOMMENDATION: Staff recommends approving Additional Service No. 2 authorizing the $17,820.00 increase to the contract with Sparcdesign and authorizing the Chairman to sign the Additional Service #.2 on behalf of the Board. The new total contract price will be $436,760.00 ATTACHMENTS: Sandridge Clubhouse Architectural Design Services RFQ 2021020 — Master Plan Study Phase Executed Agreement Additional Service #1, Master planning hourly not to exceed overage Additional Service #2, Additional Civil Engineering Services request APPROVED AGENDA ITEM FOR SEPTEMBER 13, 2022 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E80D4BB1\@BCL@E80D4BBI.doc 241 AGREEMENT FOR PROFESSIONAL SERVICES for Sandridge Clubhouse Architectural Desiqn Services — RFQ 2021020 — Master Plan Study Phase THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 14th day of September, 2021 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and SUN PATRICK ARCHITECTURE, INC, DBA sparcdesign ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited, evaluated and developed ranking of firms to provide Sandridge Clubhouse Architectural Design Services ("Project:'), based on statement of qualifications received in response to Request for Qualifications 20121020. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Sandridge Clubhouse Architectural Design Master Plan Study Phase Services ("Services") as more fully set forth in the Proposal for Mater Plan Study, attached as "Exhibit A" to this Agreement and made a part hereof by reference. C. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 All professional services provided by the Consultant for the COUNTY shall be as identified in Exhibit A. The parties agree that the not to exceed services rates in Section III. Payment and Compensation of Exhibit A are the basis to be used for billing purposes and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable architectural design standards and principles. Consultant's standard of care shall not be 242 altered by the application, interpretation, or construction of any other provision of this Agreement. 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more County Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) 2 243 communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. .2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project in a timely manner and within a mutually agreed upon schedule, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the project as necessary to complete the agreed upon scope of services_ 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time 244 amended. 3.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the review of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.10 All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the COUNTY during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product, based on the Scope of Services Defined in Exhibit A, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. However, the Consultant is permitted to retain sub -consultants to perform work under this Agreement. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the 4 245 professional subconsultant firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.15 Consultant 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. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4. TERM: TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in Exhibit A. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed professional fee of TWENTY-FIVE THOUSAND DOLLARS, to be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel within the State of Florida, except for standard government mileage rates for the Architect's employees and consultants, associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the 5 246 Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a written amendment to this Agreement_ 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on commercial general liability policy. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 6 247 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services_ A. Worker's Compensation — Statutory B. Employer's Liability - S1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) F. Professional Liability - S1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY shall be obligated to pay the Consultant for those portions of completed work previously authorized under this Agreement. Such payment shall be determined on the basis of the percentage of work performed by the Consultant, up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. RM 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits an intended false invoice to the COUNTY. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 8.8.1 COUNTY may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.8.2 COUNTY may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. NNEWLURE91 ME • • 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrentwage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract_ COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not herebywaive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time- to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of s 249 this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger: Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law: Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The prevailing party in any lawsuit arising out of or related to this Agreement shall be entitled to recover its reasonable attorney's fees and costs, including fees and costs through appeal. The parties expressly and voluntarily waive any and all rights to trial by jury in connection with any litigation arising out of or related to this Agreement. 10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the 250 remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. COUNTY is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 10.8.1 Keep and maintain public records required by the COUNTY to perform the service. 10.8.2 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. 10.8.3 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 Consultant does not transfer the records to the COUNTY. 10.8.4 Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Consultant or keep and maintain public records required by the COUNTY to perform the service. If the Consultant transfers all public records to the COUNTY upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 10 251 gublicrecordsa—iroov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn- Bela Nagy, Director of Golf Sandridge Golf Club 530073 d Street Vero Beach, FL 32967 Email: bnagVaircgov.com Consultant. Sun Patrick Architecture, Inc. DBA, sparcdesign Attn: Sean Patrick Sukhu 3021 Jupiter Park Circle Suite 102 Jupiter, FL 33458 Email: sean0)sparcdesign_us 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's- length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 11 252 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Sun Patrick Architecture, Inc. Date —10 Uzi Witness: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSID R,$•6•... ' ....... COIjAry/mss. os, ph E. Flesche ,�Chairmz�------ . Date Approved by BCC: Septembei- 1.261 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By��}F�VLt-�Q�2vxo • �i�� Deputy Clerk Approved: Jason own Coun A ministrator Approved as to form and legal sufficiency: an Reingold, County Attorney 12 253 Exhibit A — Proposal for Master Plan Study 13 254 Exhibit A - Proposal for Master Plan Study 13 255 August 26, 2021 The Owner: Indian River County Attn: Bela Nagy, Director of Golf, PGA 5300 73rd Street Vero Beach, Florida 32967 The Architect: Sun Patrick Architecture, Inc. DBA: sparcdesign 3021 Jupiter Park Circle, Suite 102 Jupiter, FL 33458 RE: Sandridge Golf Club Master Plan Study - New Clubhouse sparcdesign project 2021.158 Dear Mr. Nagy, Thank you for the opportunity to submit a proposal to work with Indian River County and the Sandridge Design Committee in order to advance your strategic planning ideas of the new clubhouse. The Master Plan Study will include conceptualizing a new golf/events clubhouse on the existing site. The current schedule for delivery of materials is based on a 2021 fall presentation. (Exact date TBD) For the purposes of this proposal: Indian River County is the "Client". sparcdesign is the "Architect". 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us Master Plan Study Facilities a. New Clubhouse b. Expanded Paved Parking c. "Turn" Food and beverage service II. Scope of Work - Basic Services a. Phase I - kick off design charette/programming: (Part of Phase I was included in the RFQ response to RFQ 2021020) i. Kick off charette - sparcdesign will schedule a one -day working session with the design committee and staff to kick off the master plan process. This will include a round table discussion to review the current planning ideas on the different facilities to be studied, interviewing appropriate staff, photographing, and doing some preliminary overlay sketches and concepts distilled from the meetings. Other goals will be to begin developing programmatic requirements for each of the facilities to be studied. We will also discuss overall project goals and outline a project schedule. We will discuss delivery methods and materials the county requires for presenting to the Sandridge Design Committee. b. Phase II - Programming and masterplan solutions (Part of Phase II was included in the RFQ response to RFQ 2021020) i. Programming - Following the team's initial kick off, sparcdesign will create a running meeting agenda and begin to formalize the project schedule and program requirements for each facility. Refined programming for each project will include the following 1. Identify each project/facility type and gather relevant programmatic information for each existing space 2. Establish goals and objectives specific to each project type/space 3. Discuss Strategies for implementing goals and objectives based on strategic planning and master plan sketches. 4. Discuss overall project budget 5. Program Document summarizing information gathered from Phase 1-2. Master Plan solutions- Once the program for the master plan is developed sparcdesign will proceed with developing refined master plan sketch solutions. We will study to the existing site plan and develop solutions to integrate the master plan program. This will include studies on how the proposed facilities will impact the existing property. A site analysis of the different opportunities and constraints available. A parking analysis will also be included studying the current and future parking counts affected by the master plan study. During this phase we will translate the program requirements for the facility improvements into conceptual floor plans to inform the building sizes and placement onsite. We will include up to ( 1) options for the site and floor plan studies in the base fee. During this phase we will also utilize concept photos of similar types of projects to help summarize the club's goals in a visual manner. 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us Phase III - Schedule and Budget Verification i. Based on the Phase 11 outcomes, sparcdesign along with the County's leadership will use the client approved solutions to create a conceptual masterplan schedule from document implementation through construction. We will also produce a conceptual budget based on the approved solutions and historical construction cost data. The information from this phase will be integrated into the program document noted in Phase Il. d. Phase IV - Presentation Package i. With information developed from Phase 1, II and III sparcdesign +rill produce presentation materials in order to communicate the ideas gathered for the master plan study. 1. Master Plan Study materials a. program document as noted in Phase 11 and III above b. Conceptual site plan c. Conceptual floor plan d. Conceptual Elevation study e. 3D conceptual renderings are available at request as an additional service. (See paragraph Ill.e) e. Phase V - Presentation (Optional) i. Not included in the base services. Available at request for Board Presentation, town hall meetings, focus groups, etc. Will be billed hourly as requested. f. Phase VI -Schematic Design -Construction Administration (TBD) i. Not included in Master plan services. Phase VI, Schematic Design through Construction Administration services will be defined in a separate proposal once the master plan phase is approved and the final scope of services for the project is defined. See paragraph Il.f.iii for estimated professional fees for Schematic Design through Construction Administration Phase. Professional and consulting services to be included under the Phase VI agreement: 1. Architectural 2. Structural Engineering 3. Heating, Ventilating and Air Conditioning (HVAC) Engineering 4. Plumbing Engineering 5. Electrical Engineering 6. Landscape Architecture/Planning 7. Civil Engineering 8. Interior Design 9. Kitchen Design Consulting 10. Acoustical Design Consulting 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us iii. Schematic Design through Construction Administration Fee Estimate Worksheet Sandridge Golf Club Fee worksheet Project Phases Architectural/Engineering I, ii. iii. v. vi. Phase I Hourly not to exceed Fixed Fee Waster Planning $ 25,000.00 Subtotal $ 25,000.00 Phase It Schematic Design $ 63,000.00 Design Development $ 63,000.00 Construction Documents S 157,500.00 Bidding/Ne otiations $ 7,000.00 Construction Administration $ 59,500.00 Subtotal $ 350,000,00 tandcape Architecture/Planning i. ii. Site Plan Approval Process $ 55,000.00 Fixed Fee TBD (Pending approval of site plan and identifying scope of work for construction documents) final Landcape, hardscape construction documents S Subtotal $ 55,000.00 Civil Engineering i Develo ment/Permit Plans $ Flxedfee Tte $ Subtotal 5 Interior Design I. ii. Design Services $ TBD (Pending approval of master plan and interior design scope) TBD (Purchasing on behalf of client shall be provided under separate contract with Interior Design Consultant) FF&AProcurement $ Subtotal $ - Kitchen Consultant Design Services i. Design Services 100 $ 21,450Fixed_ fee 21,450.0 Subtotal Acoustical Consulting Optional I. ii. Design Services $ 8,800.00 $ _ Fixed Fee Construction Administration Subtotal $ 8,800.00 Total $ 460,250.00 Professional fees are estimates based on a 1 -story 15,000 sf clubhouse building and the current site masterpian per our response to Sandridge Clubhouse Architectural DesignServices-RFQ2021020 3021 Jupiter- Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us 111. Payment and Compensation a. The owner shall pay the Architect an initial payment of ($2,500) as a minimum payment under this agreement. The initial payment shall be credited to the final invoice. b. Basic Services as outlined in paragraph II above, as authorized in writing by the client, for the hourly fee, Not to Exceed listed below, plus reimbursable expenses. i. Phase I - Services Not to exceed $2,000.00 ii. Phase Il.i - Services Not to exceed $2,000.00 iii. Phase Il.ii -Services Not to exceed $15,000.00 iv. Phase III - Services Not to exceed $1,000.00 v. Phase IV - Services Not to exceed $5,000.00 vi. Phase V - Services See Estimate worksheet $0.00 Total $25,000.00 c. Reimbursable Exoense i. Additional costs and expenses (i.e., large format drawing copies, color prints, courier's/delivery, and mileage) will be billed at a multiplier of 1.1 times the amounts expended by the Architect, the Architect's employees, and consultants in the interest of the project. d. Additional Services i. The following are not part of Basic Services but can be added to the scope of work for additional services at the client's request. 1. Any services not included in the Scope of Services, Paragraph 11. 2. Preparation of agency submittals and attendance at hearings/meetings required for government approvals 3. Conceptual 3d renderings (estimated cost $2,500.00 per view) 4. Virtual walk-thru conceptual videos 5. Preparation and printing presentation booklets/large format prints. ii. Additional services hourly rates, Principal $225/hour, Project Manager $185/hour, CAD drafter $90/hour and clerical $65/hour. iii. For consultant additional services, as authorized by the Client, compensation shall be computed hourly as a multiple of 1.1 times the amount billed to the Architect for such services. IV. Other Provisions a. PURSUANT TO SECTION 558.0035 FLORIDA STATUES, SUN PATRICK ARCHITECT, INC. IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 vvww.sparcdesign.us PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPLE MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. The owner acknowledges that design and construction projects are prone to changes in the scope of work for a variety of reasons and that a contingency will be budgeted in accordance with the standard of care normally associated with a project of this complexity and location. In order for Owner to obtain a benefit of a fee which is a lesser allowance for funding risk. The Owner agrees to limit the Architect liability arising from professional acts errors and omissions such that the total liability Authorization to provide the above services: Sincerely, 3&0w*— R�V� Sean P Sukhu, Partner Owner Signature and date Printed name and title 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us May 11,2022 The Owner: Bela Nagy, Director of Golf, PGA c/o Indian River County Purchasing Division 1800 2711, Street Vero Beach, Florida 32960 The Architect: Sun Patrick Architecture, Inc. DBA: sparcdesign 3021 Jupiter Park Circle, Suite 102 Jupiter, FL 33458 RE: Sondridge Golf Club New Clubhouse sparcdesign project 2021.159 Additional Service # 1, Master planning hourly not to exceed overage Dear Mr. Nagy: As discussed in our correspondence to review the invoicing to date on May 11,2022 , we are submitting this additional service request for additional time spent to complete the masterplan phase I of the Sandridge Project. The additional time was documented and submitted to the county for review in invoice 1383,1400 and 1441. We propose to perform this work as an additional service utilizing the terms outlined in the Agreement for Professional Services for Sandridge Clubhouse Architectural Design Services - RFQ2021020-Master Plan Study Phase dated October 1, 2021. We propose to perform this work for a fixed fee of two thousand seven hundred forty dollars ($2,740). Feel free to contact me with any comments or questions you have. Acceptance of this proposal may be indicated by signing, dating and returning (1) copy of this letter. Sincerely, Sean Sukhu, Partner 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us 262 -1 -Page August 8,2022 The Owner: Bela Nagy, Director of Golf, PGA c/o Indian River County Purchasing Division 1800 27th Street Vero Beach, Florida 32960 The Architect: Sun Patrick Architecture, Inc. DBA: sparcdesign 3021 Jupiter Park Circle, Suite 102 Jupiter, FL 33458 RE: Sandridge Golf Club New Clubhouse sparcdesign project 2021.159 Additional Service #2, Additional Civil Engineering Services Dear Mr. Nagy: We are submitting this additional service request for additional scope of work to complete the Civil Engineering Design for the New Clubhouse. The additional scope of work arose as a result of coordination with County Engineering for requirements to Sprinkler the new clubhouse. It was discovered that the existing domestic water supply feeding the site was insufficient size to meet the county requirements to serve the building's domestic water supply and the Sprinkler system. As a result, a new water supply service will need to be designed leading from the main supply on 58th avenue to the site. The tasks are outlined below for the design of the new system. Task F: Potable Water Extension Main Design Task G: Permitting Task H: Responses to Request for Additional Information We propose to perform this work as an additional service utilizing the terms outlined in the Agreement for Professional Services for Sandridge Clubhouse Architectural Design Services - RFQ2021020-Master Plan Study Phase dated October 1, 2021. We propose to perform Task'F' and 'G' work for a fixed fee of eleven thousand two hundred twenty dollars ($11,220). We propose to perform Task 'H' work for a "Not to Exceed" fee of six thousand six hundred dollars ($6,600). Feel free to contact me with any comments or questions you have. Acceptance of this proposal may be indicated by signing, dating, and returning (1) copy of this letter. Sincerely, &� San ukhu. Partner Client Signature and date Printed name and title 3021 Jupiter Park Circle Suite 102 Jupiter Florida 263 561.203.7539 www.sparcdesign.us CONSENT AGENDA BCC Meeting 9-13-22 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM * Assistant County Administrator / Department of General Services Parks and Recreation Date: September 6, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Parks and Recreation Director Subject: Approval of a License Agreement with Miss B's Learning Bees, Inc. for use of the Intergenerational Recreation Center for an Afterschool Program DESCRIPTION AND CONDITIONS: Miss B's Learning Bees, Inc. is a 501(c)3 non-profit organization that provides a no cost afterschool program to qualified students enrolled in local schools. The organization relies on grants and donations to allow children the opportunity to receive afterschool support and tutoring through the program. Miss B's Learning Bees, Inc. (Miss B's) began using the Intergenerational Recreation Center (IG) in 2018 for their afterschool program. As a new facility, rental agreements were established to promote the rental space in the building as well as to assist the program in the new location. Since that time, the program has grown from using one small space with approximately 30 children, to now more than 60 children using two larger classrooms two days per week. The proposed License Agreement is based on a bulk rental fee agreement consistent with a reduced pricing structure and other accommodations specific to facilitating the program's success at the IG. On February 5, 2019, the Board of County Commissioners (BCC) approved a Sample Bulk Rental Agreement for a reduced fee for Ballfield rentals with a requirement of 300 hours booked for a 50% volume discount off the standard rental price. A similar approach was taken for developing and negotiating this License Agreement with the organization's CEO and President, Ms. LaToya Bullard. The License Agreement's term is for the 2022-23 school year beginning September 13, 2022 through June 1, 2023. It includes use of Rooms 131 A and B on Tuesdays and Thursdays (exact dates specified in the License Agreement) for 3 hours each day. The standard non-profit rate is reduced by 50% for a total of 201 hours. 21 tables and 75 chairs are included in the License Agreement at no cost to the Applicant. Additionally, storage is included at no cost for equipment essential to the program. IG staff set up, break down, and cleaning of the room is included at a rate of $75 per day. Payment for the use of the facility has been modified for this License Agreement to be paid on the first day of each month for the current month. A current IRS 501(c)(3) letter of designation has been received. The License Agreement requires that the County be named as additional insured on the Applicant's insurance policy which has been received, reviewed, and approved by the County's Risk Manager. 264 FUNDING There are no additional funding requirements or obligations to the County as this program is operating within normal business hours. RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners accept the License Agreement with Miss B's Learning Bees, Inc., and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. ATTACHMENT: Indian River County iG License Agreement dated September 2, 2022 — Miss B's Learning Bees, Inc. DISTRIBUTION: LaToya Bullard, CEO & President — Miss B's Learning Bees, Inc. Approved Agenda Item for September 13, 2022 265 INDIAN RIVER COUNTY iG LICENSE AGREEMENT License Preparation 9/2/22 Date: Tuesdays and Thursdays of the 2022-2023 License Duration: School Year (September 13, 2022 -June 1, 2023) Organization: Miss B's Learning Bee's Inc. Contact Name: LaToya Bullard kddress: 4736 341h Ave Phone: 772-713-4130 City/State/Zip Code: Vero Beach, FL 32967 Name of Event: Miss B's Learning Bees Event Time: 4pm-6pm Load -In Datefrime: 3:30-4:00pm E -Mail: MissBsLearningBees@outlook.com Expected Attendance: 40-75 Children plus staff Attendance: Load -Out Dater ime: 6:00-6:30pm WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venue ("iG Center"), located at 1590 9t' St SW Vero Beach, FL 32960 in Indian River County, Florida; and WHEREAS, the County has the authority to issue and/or execute, and Miss B's Learning Bees, Inc. (the "Applicant") desires the issuance and/or execution of, a bulk license agreement and permit for the utilization of the iG Center, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the iG Center is subject to and expressly conditioned by section 205.04 (Permits) of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the iG Center and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: iG License Agreement p49266'21 Initials A. PARK, PREMISES & EVENT SCHEDULE: 1. This Indian River County iG Center License Agreement ("License Agreement") applies to all events for the use of the iG Center. The areas, personnel and facilities of the iG Center which Applicant may apply for a permit, license, or use hereunder are more particularly described as Hours FACILITY / Days Total $ 8,291.25 (3 hours per day for 67 Room 131 A $41.25 x 201 = days) $ 8,291.25 (3 hours per day for 67 Room 131 B $41.25 x 201 = days) Subtotal = $16,582.50 Additional 25% Bulk Rental Discount = ($4,145.63) Total Facility Rental: $12,436.87 An area within the storage closet is provided through this bulk rental agreement in Room 131A defined as an 8' by 3' marked area at no charge to applicant. Two cabinets in Room 131A are also provided with keys for storage of records. AMENITIES PER EVENT (Equipment) QTY Tables $ 8.00 x = $0 10 tables are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 11 additional tables are included at no charge as part of this bulk rental agreement. "additional tables needed will be reconciled monthly and the request for additional tables shall be made in writing. Chairs $ 0.50 x = $0 60 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 15 additional chairs will be made accessible to the Applicant in the storage closet at no charge as part of this bulk rental agreement. "additional chairs needed will be reconciled monthly and the request for additional chairs shall be made in writing. SET-UP/BREAK DOWN FEE/ CLEANING Guests less than 75 $75.00 x 67 = $ 5,025.00 Post Event Break Down Fee does not include decorations. Applicant is responsible for items brought in to decorate room/area to include any 3rd party vendor items (e.g. lighting, sound, tents, etc.), plates, cutlery, drinks, linens, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. Any 3rd party items left by Applicant's subcontracts or 3rd party vendors past the indicated loadout time are subject to additional fees. iG License Agreement Pag26(7f 21 Initials FACILITY / PROPERTY / AMENITITIES / OTHER SUBTOTAL: _ $ 17,461.87 Tax Exempt = Subtotal: = $ 17,461.87 RENTAL AGREEMENT COST = $17,461.87 ON FIL * REFUNDABLE Damage Deposit: = $ 150.00 *Fully refundable following event with no additional charges or damage. (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. 2. Applicant may use and have access to the Premises for a period, commencing on Tuesdays and Thursdays on the dates defined below between the hours of 3:30pm and ending at 6:30pm, ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage before or after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule"). Dates included in License Agreement: September 2022: 13, 15, 20, 22, 27, 29 October 2022: 4, 6,11,13,18, 20, 25, 27 November 2022: 1, 3, 8, 10, 15, 17, 29 (off the week of Thanksgiving Holiday) December 2022: 1, 6, 8,13,15, 20 (off 22, 27, 29 for Christmas Holiday) January 2023: 10, 12, 17, 19, 24, 26, 31 (off first week of January for New Year's Holiday) February 2023: 2, 7, 9, 14, 16, 21, 23, 28 March 2023: 2, 7, 9,14,16, 28, 30 (off 21 & 23 for Spring Break) April 2023: 4, 6,11,13,18, 20, 25, 27 May 2023: 2, 4, 9,11,16,18, 23, 25, 30 June 2023: 1 B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Miss B's Learning Bees Educational Program (the "Event"). (a) The Event may include the following activities: supervised after school program elementary and middle school children (b) The hours of the program shall be: 4:00pm-6:00pm every Tuesday and Thursdadig September through June. Program set up will be from 3:30=4:001)m and clean-uD will be from 6:00pm-6:30pm. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such iG License Agreement PagaAW 21 Initials request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 13. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $17,461.87, plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. Each month's rent is due on the 1St day of the month (i.e. the rental fee for each date within October is due October 1S) and will be calculated based on the number of actual rental hours and days within each month. Any incidental charges or fees not included in this Agreement at the time of execution shall be due at the time of the next month's payment. Any deviation from this schedule, unless otherwise approved, will be cause for the immediate termination of this License Agreement. (b) A Damage Deposit of $150.00 is on file with the Indian River County Finance Department. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the iG Center that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit shall remain on file for the duration of this License Agreement. If any portion of the Damage Deposit is used during the duration of this License Agreement, it must be replenished at the time of the next payment. 3. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 4. This License Agreement is not a monthly permit. As set forth in sections 205.04 (Permits), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary iG Center use permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. iG License Agreement Pag3_6W 21 Initials 5. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 6. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 7. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 8. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 9. In the event that the Premises or any other portion of the iG Center are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the iG Center, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 10. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the iG License Agreement Pag?.57@'21 Initials Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. i. In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 11. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. iG License Agreement Paga_q f 21 Initials 12. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 13. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) Limits $1,000,000 Each Occurrence Combined Single Limit (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit non -owned) I In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or iG License Agreement Pag#_Tar21 Initials exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability Florida Statutory Coverage $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability $1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability $1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. iG License Agreement Pagaj&r21 Initials (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. iG License Agreement Pag,2g14r21 Initials 14. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 15. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 16. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. (a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. 17. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 18. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. iG License Agreement Page 27FY21 Initials 19. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 20. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 21. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 22. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 23. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 24. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 25. Animals will not be permitted onto the iG Center property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, iG License Agreement PageVW 2l Initials trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. 26. Applicant shall have access to the storage closet in Room 131 A to store laptop carts, school supplies, and non-perishable items in a designated 8 ft by 3 ft area marked with tape. The Applicant shall also have access to the first two cabinets, and keys to lock the cabinets, in Room 131 A to store confidential student records. The Applicant will hold Indian River County harmless for any damage, loss, theft, or vandalism of the items in the storage areas that are not the property of Indian River County. 27. If rooms 131 A&B are being rented for another event, accommodations will be made to move the Applicant and their program to another location within the facility at no extra cost to the Applicant. 28. Arts and crafts activities are permitted to occur during the room rental but must be cleaned up by the Applicant prior to the rental ending. No glitter shall be used for arts and crafts activities. If paint is used, proper protective coverings should be placed on the tables and/or floor prior to painting. The County shall provide all necessary cleaning supplies to the Applicant in order to clean tables and chairs as well as to leave the rental space in a broom swept condition. All trash must be placed in provided receptacles. An additional cleaning fee will be applied if cleaning exceeds 1 hour, or when craft activities leave behind paint/glue/glitter on floors, walls, windows, tables, or chairs, and additional cleaning by County staff is required. This fee will be applied to the Damage Deposit, but the Damage Deposit must be replenished to $150 at the time of the next monthly payment. 29. Payment shall be made to Indian River County iG Center on or before the 1St day of each month during this License Agreement. Failure to make payment in a timely manner will result in immediate termination of the License Agreement. 30. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: iG License Agreement Page27t721 Initials Indian River County iG Center Beth Powell Parks and Recreation Director 1590 9th Street SW Vero Beach, FL 32962 Email: bpowell@ircgov.com Applicant: Miss B's Learning Bees Name: LaToya Bullard Address: 4736 34th Ave Vero Beach, FL 32967 Email: missbslearningbees@outlook.com 31. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 32. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 33. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this day of APPLICANT: By SIGNATURE Print Name Title iG License Agreement Initials INDIAN RIVER COUNTY: By SIGNATURE Print Name Title Page2-7W21 Exhibit A- Intergenerational (iG) Center OUTDOOR WATER FEATURE 135 :7 --aodr- V� OUTDOOR Gf, WATER FEATURE O GYMNASIUM 141 MAIN f°z ENTRANCE 112-A 112-B PREP. KITCHER� GUE �. � DROP-OFF PARKING y r j r R 19 _ iG License Agreement Page 247R 21 Initials Exhibit B 11Liss B's Learning Bees Jrte(sr q, }Peat 1. Etient. zne: Lord lrn bats 2 nne: Load OutDate,'7"Yme: Esti ,,ote ii q' Pzv-ticpmen: FACILITY Room 112 A Room 112 B Room 125 Rooth 131 A Room 131 B Room 131 C Room 135 Room 110 (Prep Kitchen) Lobby Room 144 (Concessions) 2022-2023 Schoo F Year (61 taim s tonal,) �ptr1-E�parr �: a C1Dta1 40-i Room 141 (Gymnasium) Veranda Courtyard S Fast Lawn w 9. Wiggins Field (West Lawn), $ Storage Closet 131A 93.75 x Hours .r Days Total 56.25 x = $ - 56.25 x = $ - 33_75 x = $ - 41.25 x 201 = $ 8,191.25 41.25 x 201 = $ 8,291.25 41.25 x = $ - 41.25 x = $ - 15.00 x = $ - 56.25 x = $ - 37.50 x = $ - 93.75 x = $ - 35.00 x = $ - 35.00 x = $ - 183.50 x = $ - 150.00 x = $ - - x = $ - (3 hours per dm•} O hours per daky) dwhy M Bulk- Rental k-exeement Subtrurted froze 2{0:® discount = S4,145.63 Toted Cost A -M E\TTIES PER EiE\T (Equipment) QTY Tables $ 8.00 x = $ - 21 tables are included inF the Standard a'.rd Cie A ran1prqfat R a'tes or t1,'l ro'onss of no tlta'�'a'itionolt cost Chairs $ 0.50 x = $ - 60 choirs tore inlchideta' in the .Sttlnidart2' & lonprofit Rrates j r a[7 roo^tns at n10 tltaWition al cosi 15 tltaFia'itiein vl choirs -tofh' be 1a1t1fa'e t1cCeSSIble to tile.ipp,'ict111t int title stortlge CIO -Set at Flo Cj,? rge as ptla't a{this b1flk renita agTeetalenit. odditio'n alT choirs Fleeta7c will be reconciletit njonrthh— and the request jor C1�2'ta"itionitllT choirs sot ollT be mode in wrtHn g iG License Agreement PageM)r21 Initials 200 XMP Electrical Power, Per Hour $ 75.00 x = $ - hourly Electrics.IPaivertie- ina.L:73i7bepe n..w'dkI'alice7",se1,eFectrfcian; lectriciC33mustproviC'ep.00,*^ ' licensibm -a d insBI,=xe. Aqui? in sai-vice iTi?L''t ll cost3fibr a Wtrician slbi''ll be bomx &I— tlV ApplidC42 Pt ALCOHOL PERAnT FEE Dath- Ucohol Permit $ 400.00 x = $ - daily, .i minnirraum o'onae (1) 21T,tdian River Codfn11'Stmrffs .Depot- is requiredto be on site duriF3alcoholservice and rarrna:Pra aaratil tAv enact ra'tlae ,a licrzrat's lead inn tilcre�* coir! tde 110 2DiVer• Coyrno, Jnte, esae� atior rrl ecce tia on Csnater & Event Merarae , de-emedin Licence.4-greement- All secs,. inn casts sly; ll be ba?las �y the Applicant hncim2 R81.'br Comm- Sheriff: O ce mm- de n it n,ecessda T to irncre=e the Min hrr9.P.rna rndPa"bV_ o,,'.lrtC jana P.iver Conniff .Deputies on site .at its sale .discretion- Alcohol aria onah• b'e Serves; by Oproperh• licen s erl alcohol Vendor or a caterer it -ho laol& m-, . active andvalid 13CrC-aterer s Alcoholic Beverage Licenrse- iG License Agreement Page Z8 ] j21 Initials Gymnasium Bleachers_ Stationary,:eating 3oo S - x = No fee; included in rental Gym Flooring S 300.00 x = $ - per event Sm. Mobile Bleachers. (Ist Dai, S 50.00 x = $ - Sm- Mobile Bleachers_ Addf Days S 25-00 x = S - Projector $ 150.00 x = $ - d* Projector Screen, Mobile $ - x = No fee, included in rental Projector Screens I:I C $ - x = No fee, included in rental Projector. Infhtabk Saeen wlprojector & 2 .peakcr: S 500.00 x = $ - d*, Projector, Intiatat-te Screen Onbl $ 300.00 x = $ - d* - i dedna Can = r: 100-00_ x = $ - daily 50" TV 25.00 x = $ daily DVD Play, er $ 15.00 x = $ - daily j Bluetooth Sound SN -stem S 75_00 x i - = $ daily Sound System. Mobile $ 100-00 x = $ - daily ! Gymnasium Sound System $ — 3215 00 x = $ - daib- G,.,mnasium Score Board $ — 25.00 x = $ - dank Podium $ - x = No fee_ included in rental Serving, Carts $ 20.00 x = S - 200 XMP Electrical Power, Per Hour $ 75.00 x = $ - hourly Electrics.IPaivertie- ina.L:73i7bepe n..w'dkI'alice7",se1,eFectrfcian; lectriciC33mustproviC'ep.00,*^ ' licensibm -a d insBI,=xe. Aqui? in sai-vice iTi?L''t ll cost3fibr a Wtrician slbi''ll be bomx &I— tlV ApplidC42 Pt ALCOHOL PERAnT FEE Dath- Ucohol Permit $ 400.00 x = $ - daily, .i minnirraum o'onae (1) 21T,tdian River Codfn11'Stmrffs .Depot- is requiredto be on site duriF3alcoholservice and rarrna:Pra aaratil tAv enact ra'tlae ,a licrzrat's lead inn tilcre�* coir! tde 110 2DiVer• Coyrno, Jnte, esae� atior rrl ecce tia on Csnater & Event Merarae , de-emedin Licence.4-greement- All secs,. inn casts sly; ll be ba?las �y the Applicant hncim2 R81.'br Comm- Sheriff: O ce mm- de n it n,ecessda T to irncre=e the Min hrr9.P.rna rndPa"bV_ o,,'.lrtC jana P.iver Conniff .Deputies on site .at its sale .discretion- Alcohol aria onah• b'e Serves; by Oproperh• licen s erl alcohol Vendor or a caterer it -ho laol& m-, . active andvalid 13CrC-aterer s Alcoholic Beverage Licenrse- iG License Agreement Page Z8 ] j21 Initials Event gleaning Fee (During Event) iG Event'Rental Usage $ 50.00 x = $ - G,mianciu_m Restrooms $ 100.00 x = $ - West Wing Restrooms $ 100.00 x = $ - East Wing Restrooms $ 100.00 x = $ - Post Event Fee Guests less than 75 $ 75.00 x 67 = $ 5,075.00 Guests between 75 to 150 $ 100.00 x = $ - Guests greater than 150 $ 700.00 x = $ Fort Fvant Cleaning Fee does not include a%coranow Applicant is responsiblef'or items brought in to decorate room area to include am Trdpar 0, vendor tMas (ag lighting sound, tents, etc_), plates, cartla? t, &inle linea:, slipcmers, &alloorrr, etc. Tables must be clerrredprior to Applicant depm-hii e. .' ?�rdparh° iterrrs lat? �°Applicant:: subcontracts or 3rdtaat7t° vendoe�past tlae i:adicated loadrsrrt tirrre indicated in the License Agrverrrent are subject to adartional ftes� Garbage - RIC–Rate w-,TFaste 1kna—,errrent, mar be sub. ect to chmn,ge 15 1'tt Dumpster, per drop off or swap $ 157-34 x = $ - 10 ft Dumpster, per drop off or s-rV $ 120.00 x = $ - D&-er% Charge, one time dwo 75-00 x = $ - Dumpster Disposal 50.00 x = $ - ST -AIF QTY Hours Staff $ _ _ 2.5.00 x x = $ - Staff (HoEday Rate) $ 50.00 x x A 1SC:ELLA'NEOUS FMffity Exclusion. (w wing or ggm $ 250.00 x = $ - da>tiX Last-1finute Bookciag Fere, Booked Less 45 Days $ 25.00 x = $ - per event me PARKS DEPT. ITEMS QTY Per Dai- Stage Risers, 6-9 eack 4ftxgR panels $ 75.00 x x = $ - FAC"IIM' 1 PROPERTY / Al HN-ITITIES ;' OTHER SUBTOTAL: = S Tax Exempt = Subtotal: = S 17 17,461.S7 iG License Agreement Paget r21 Initials RENTAL AGREEMENT COST = $ 17,461.87 ON FILE REFL—N-DABLE Damage Deposit: = S *Fully refundable following event with no additional charges or damage. GRAND TOTAL: = S 17,461.57 ** 25% DEPOSIT: = S 4,365.47 'Events booked less than 30 days in advance requires payment in full in the form of cash or credit card. PAYM ENTS Method of Payment Date Notes amount 15th of the month prior Balance Due: to the mouth of rental * ' L'r��y^gB L'�EFas it i' fBPF',5.47 'l6 lvit%; FatS CL'f7iti�T,�fal cOTrAr e.', ca 7d 72 da?nage. ** Required to Aezer'b'aRPSoin.`Area aGi&,rh E sT,o ; carat, actsig€riraff Licen.;e Dwwrion -.Mall include Evcntset-up, .re?,l'Poli'u^landch?ZUa-tPp. �,6'i1B tt,!6:.�pFFiL'C?i ";.tTe,C�'tPiTBS tP3�B L7,'tea' llaB tiPtPlrateti ti�rre,-,t+Flicrr t is a arytPir es'tn Ptd �cidititsf clacaaps iarclnifaQtPt rant lia�iterl tri sty:w�1r laatPe ,`t' saci,5 rates ,and =7— over rge yes cs set,,''mTh in tA,e iG Fse Schedule cttachvd r r Exhibit B ("Fee Sclredide "1- **** For r=h gtPa'a ter laanr c to• the applicgat will be c1kvyedajW ny''S50-00 per guoi-ter how-- ** 25% rental deposit not required iG License Agreement Page2SW21 Initials Exhibit C Indian River County Parks & Recreation Department iG Center General Rules & Regulations 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates are only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff reserves the option to issue a placeholder agreement along with a minimum 25% Deposit Fee in lieu of a fully executed license agreement which will secure the date pending a due diligence review. Placeholder agreements shall automatically expire 90 days after the issued date and the reservation forfeited unless the Applicant enters into a license agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: A. If applicable, events shall present a security plan to the Indian River County Sheriff's Office, Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/license agreement. B. Assigned Indian River County Sheriff's Deputy(s) must have arresting authority in Indian River County. C. Indian River County in consultation with the Indian River County Sheriff's Office will determine the level of security of sworn law enforcement and emergency services personnel. Indian River County will provide Applicants with the order forms for sworn Indian River County Sheriff's Office and Indian River County Emergency Service Personnel. D. Evidence of sworn law enforcement and emergency service personnel scheduling shall be provided to Indian River County 45 days prior to the Event by means of a paid receipt from said Indian River County Department and Division. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Indian River County Intergenerational Recreation Center & Event Venue Management Staff along with a Special Event Permit generated by the Indian River County Fire Department. Indian River County will provide Applicants with the order forms for Special Event Permit. Evidence of Special Event Permit Inspection scheduling shall be provided to Indian River County forty-five (45) days prior to the Event by means of a paid receipt from said Indian River County Department Fire Department. 5. Deposits: A. All buildings and facilities shall be left in the same condition it was received in. An additional cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Indian River County Intergenerational Recreation Center & Event Venue Management should be left in a broom swept condition and all garbage left in designated location. Client must check in with a staff member prior to departure regarding state of room upon completion of event. iii. Any damage to walls, including debris, dirt, scuff marks, food, etc. shall require a cleaning fee. iG License Agreement Page 284" 21 Initials iv. Any cleaning fee will be deducted out of the Damage Deposit. B. A damage deposit depends on number of areas rented and can range from $150.00 to $1,000.00 and is refundable. An inspection of the property is required for every event. Damage Deposit are increased at the sole discretion of Indian River County dependent upon number of attendees and events. 6. Any signage visible from the road in any county right of way requires a permit from the Indian River County Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped. 8. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks & Recreation Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Indian River County Intergenerational Recreation Center & Event Venue Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by Indian River County policies. 14. Insurance: A. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk Manager. B. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to Indian River County no less than forty-five (45) days prior to the event. • If event is held at Indian River County Intergenerational Recreation Center & Event Venue Management and less than 30 days to the start of event date, certificates must present at the time of executing license agreement. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. 16. The Event shall be used for no other purpose whatsoever as, unless prior written approval is requested in writing by Applicant and given by Indian River County. Approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least thirty (30) days prior to the beginning of the License Duration. Such change results in a modification of the insurance requirements. 17. Marketing: A. Publicity for an event shall NOT be distributed without an executed license agreement and a minimum of a 25% reservation deposit. B. All promotional pieces must be approved by an Indian River County, prior to distribution. Applicants assumes all risk. 18. Indian River County Intergenerational Recreation Center & Event Venue Management Staff is not responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for securing those deliveries, unless prior written approval is requested in writing by Applicant and given by an Indian River County Intergenerational Recreation Center & Event Venue Management. iG License Agreement Page2grf 21 Initials 19. All motorized vehicles are required to nark in the designated parking areas only, which include the Main Parking or Joe Wiggins Field, if deemed necessary for your event. There will be no parking of motorized vehicles in or around the facility without prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. • Motorized vehicles are limited to ten (10) minutes in the Drop Off Area, unless prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. n iG License Agreement Page M $(21 Initials g o4r. 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: September 1, 2022 Subject: Miscellaneous Budget Amendment 08 Description and Conditions The 2021/2022 fiscal year ends September 30, 2022. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2021/2022 fiscal year. Any necessary adjustments made will be presented before the Board of County Commissioners for ratification. Staff Recommendation Staff recommends that the Board of County Commissioners approve the budget resolution amending the fiscal year 2021/2022 budget. 287 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2021-2022 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 16, 2022, THROUGH AND INCLUDING NOVEMBER 29, 2022. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2021-2022 budget prior to the closing of the fiscal year; and 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 or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY THAT: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget or their designee are authorized to execute all documents necessary to amend the Fiscal Year 2021-2022 budget, which may arise during the period commencing November 16, 2022, through and including November 29, 2022, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 13, 2022, and this Resolution shall expire without further action of this Board at the close of business on November 29, 2022. The foregoing resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D.O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss EM RESOLUTION NO. 2022 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2022. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS and OF INDIAN RIVER COUNTY, FLORIDA M Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney 2 289 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 008 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number 1 of 2 290 291 g , FP CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 2, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022050 for West Wabasso Septic to Sewer Phase 3B BACKGROUND: On behalf of the Indian River County Department of Utility Services ("IRCDUS"), bids were solicited from qualified contractors for Phase 3B of the West Wabasso Septic to Sewer ("S2S") project. The project is a continuation of work IRCDUS started in 2010 when the County installed sewer services for the West Wabasso Community, north of county road 510, as part of Phase I. Phase II, south of CR510, was completed in late 2019. Phase 3 is comprised of two geographically separate areas divided into Phase 3A (along 61st Drive), and Phase 3B (59th Avenue and 58th Court). BID RESULTS: Advertising Date: May 25, 2022 Bid Opening Date: August 12, 2022 Demandstar Broadcast to: 668 Subscribers Bid Documents Obtained by: 38 Contractors Replies: 2 Contractors Firm Location Total Bid Centerline, Inc. Palm City $1,403,350.48 CK Contractors and Development, LLC West Palm Beach $1,438,486.40 ANALYSIS: The design engineer, Bowman Consulting, Inc. ("Bowman") reviewed the bids and has recommended award to Centerline, Inc., as the lowest, responsive, responsible bidder. The contractor has successfully completed other projects for IRCDUS. 292 CONSENT i11m.1nre>a The BCC authorized funding in the amount of $1,888,218 for the construction of Phase 3 (Phases A and B) of the West Wabasso Project on February 2, 2021. The bid price is $227,038.34 higher than the engineer's $1,176,312.14 estimate for Phase 3B. A SJWMD IRL WQ Grant will cover $1,250,000.00 of the cost, with the remaining $153,350.48 coming from the Utilities Impact Fees/WIP/West Wabasso Sewer Phase 3 account, number 472-169000-21512. Funding Source Account Name Account Number Amount SJRWMD IRL WQ Grant Utilities Impact Fees/WIP/West Wabasso Sewer Phase 3 472-169000-21512 $1,250,000.00 IRCDUS (impact Fees ( p ) $ 153,350.48 Total $ 1,403,350.48 RECOMMENDATION: Staff recommends the Board award Bid 2022050 to Centerline, Inc., approve the Agreement, and authorize the Chairman to sign the agreement after it has been approved by the County Attorney as to form and legal sufficiency and after receipt and approval of the required public construction bond. Attachment Agreement 293 SECTION 00530 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE West Wabasso Septic to Sewer Phase 313 THIS AGREEMENT ("Agreement" or "Contract"), dated the 13' day of September, 2022 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 Centerline, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, FDOT, County Utilities Department and County Engineering Department standards. The work is generally described as follows: Indian River County Department of Utility Services (IRCDUS) proposes to construct a new gravity sanitary sewer system to serve the West Wabasso areas generally along 58th Court and 59th Avenue south of CR 510. The project will include approximately 1,450 LF of gravity sewer mains including 225 If of Close -Tolerance Horizontal Directional Drill; 10 manholes; an IRCDUS lift station; 165 LF of 4" force main; and related valves, fittings, laterals, services, and restoration of trenches and roadway. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; exfiltration testing; backfill and subgrade testing; road, landscape and driveway restoration; regrading and grassing (sod); and traffic control. All rights-of-way shall be restored to like or better condition including, but not limited to sidewalks and drainage. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of fifteen (15) feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. The Contractor shall submit a Traffic Control Plan to the County Traffic Engineering Division for all streets to be disturbed a minimum of seventy-two (72) hours prior to construction and notify the County Traffic Engineering Division a minimum of twenty-four (24) hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 102-602 (Latest Edition). One -lane closures shall be in accordance with FDOT Index 102-603 (Latest Edition). When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. 294 ARTICLE 2 ENGINEER The West Wabasso Septic to Sewer Phase 3B has been designed by Bowman Consultants, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIMES 3.1 The CONTRACTOR shall be substantially completed with the following timeframe: (a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 61 calendar days to 180 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 181 calendar days to 240 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Times or any proper 295 extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Final Completion and readiness for final payment. 3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2. In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. RTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1,403,350.48. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied 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. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 296 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions and as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or 4 297 discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 Contractor is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 8 CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 All required insurance certificates. 8.3 Schedule of Subcontractors (Section 00431). 8.4 Disclosure of Relationships (Section 00452). 8.5 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.6 Certification Regarding Lobbying (Section 00430). 8.7 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.8 General Information Required for Bidders (Section 00456) 8.9 Public Construction Bond (Section 00600). 8.10 Notice of Award and Notice to Proceed (examples in Section 00800). 8.11 General Conditions (Section 00700). 8.12 Supplementary Conditions (Section 00800). 8.13 Documents / Specifications bearing the title "West Wabasso Septic to Sewer Phase 3". 8.14 Drawings, inclusive with each sheet bearing the following general title "West Wabasso Septic to Sewer Phase 3". 8.15 Addenda numbersl to 3, inclusive. 8.16 CONTRACTOR'S Bid Form (Section 00310). 8.17 Specifications bearing the title "Department of Utility Services, Water & Wastewater, Utility Standards, May 2019" or the latest version thereof. 8.18 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. 298 RTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from 299 public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 publicrecords@ircgov.com (772) 226-1424 F Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work (should Federal Funding be applicable) A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) 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 300 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. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union orworkers' representatives of the contractor's commitments underthis section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) 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. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed 301 under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after 0 302 written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 10 303 (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on 11 304 the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 12 305 (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 13 306 (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. 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 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. 14 307 (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. 15 308 J. 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. K. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. [The remainder of this page left blank intentionally] 16 309 This Agreement will be effective on September 13, 2022. 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: (SEAL) Clerk of Court and Comptroller Designated Representative: Name: Robert Tobar Title: Utilities Design Engineer Contact Info: (772) 226-1801 rtobar@ircgov.com 17 CONTRACTOR: CENTERLINE, Inc. By: Centerline, Inc. (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 310 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 8, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension and Second Amendment to Agreement for As Needed Motor and Pump Repair (Bid 2019056) BACKGROUND: The Board of County Commissioners awarded bid 2019056 to Florida Armature Works, Inc. and Kaman Industrial Technologies Corp, on August 13, 2019, for as needed motor and pump repair services. On December 7, 2021, the first amendment to the Florida Armature Works agreement was approved by the Board, appending the terms of the agreement to authorize other agencies to piggyback, and to incorporate E -verify requirements. DISCUSSION The initial term of the agreement ended on August 12, 2022. Staff requested an extension to the agreement for one of the available one-year periods. Kaman Industrial Technologies Corp declined to renew this agreement, but Florida Armature Works has agreed to the extension with no change in pricing. The agreement requires amendment to incorporate changes to federal contract terms that would be required in the event the agreement is utilized following a disaster, or other federally -funded grant work. SOURCE OF FUNDS: Repairs will be paid from the following Utilities accounts, which are funded from water and sewer revenues: Account Account Desc Spent FY to date Estimate for next FY 47121836-044699 WW Treatment R&R $4,650.94 $7,000 47121936-044699 Water Production R&R $17,936.35 $20,000 47126836-044699-19512 Wastewater Lift Station Rehabs $33,860.65 $50,000 311 CONSENT RECOMMENDATION: Staff recommends the Board approve the first extension and second amendment to the agreement with Florida Armature Works, Inc., and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Renewal and Amendment 312 FIRST EXTENSION AND SECOND AMENDMENT TO AGREEMENT FOR AS NEEDED MOTOR AND PUMP REPAIR This First Extension and Second Amendment to that certain Agreement to provide as needed motor and pump repair is entered into effective as of September 13, 2022, by and between Indian River County, a political subdivision of the State of Florida ("County") and Florida Armature Works, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for as needed motor and pump repair effective August 13, 2019; and WHEREAS, Paragraph 3 of the Agreement contains the term, and renewal provisions are incorporated by reference of the RFP, Scope of Services, second paragraph; and WHEREAS, the first term commenced effective as of August 13, 2019 and will end on August 12, 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 add additional requirements to Article 10 – Federal Clauses section, 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 Second Amendment. 2. The First renewal term shall commence effective August 13, 2022 and shall end on August 12, 2023. There is a single one-year renewal available on the contract. 3. The following paragraphs are added to Article 10 - Federal Clauses section: N. 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 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, 313 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: L 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. 314 (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), 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; glass, including optical fiber; and lumber. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 315 IN WITNESS WHEREOF, the parties have caused this First Extension and Second Amendment to be executed effective the day and year first set forth above. Florida Armature Works, Inc. INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Peter D. O'Bryan, Chairman Title: (Corporate Seal) Date: 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: Dylan Reingold County Attorney RNI 6, F\. CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 2, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Reinstatement of Asset 23933 BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. DISCUSSION: Asset 23933, a 2007 GMC Canyon Pickup (Fleet 198) was declared surplus by the Board on December 14, 2021, but has been requested to be reactivated and transferred to the Facilities Management Division, as ordering windows for new vehicles have been extremely short, with very long lead times. The 911 Enhanced Digital Access Communication System ("EDACS") will be replaced in the coming months, and the department would like to request the Board's approval for the replacement contractor, Communications International, to dispose of them on the County's behalf: 182370 GE ORION CONTROL STATION 1615726 North Tower 182380 GE ORION CONTROL STATION 9199988 North Tower 182390 GE ORION CONROL STATION West Tower 182400 GE ORION CONTROL STATION South Tower 182410 GE ORION CONTROL STATION 1606677 South Tower MSE1120 BATTERY - 2 STACKS OF 22009 12 1 1340 OLD DIXIE HIGHWAY South Tower 22920 AT -19 BATTERY- NORTH TOWER 1 810 BAILEY DRIVE - SEBASTIAN North Tower 317 CONSENT AGENDA 22921 1 AT -19 BATTERY -WEST TOWER 1 7735 CR 512 1 West Tower FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board reactivate asset 23933, declare the items on the Excess List for 091322 Agenda as surplus, and authorize their disposal, and declare the listed EDAC assets surplus and authorize Communications International to dispose of them. ATTACHMENT: Excess List for 091322 318 � � v v v v v p a a a v J ~O z _ a c N o ti v v u u v N p c L v v a" °1 °0 N m N 1 L o E � O w r>a u o �, w v> m u o� �, o E O p a > o s O c o O v v r>o - ? v v V m ? \ aci N J Y v J ° v v > '^ C O T 3 m Z Z Z Z Z c J Y Z O Z a ° Z v Z v Z a ° Z W a O .0 Z Z v Z Z Z Z Z Z Z Z Y . 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CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 1, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022061 for Fire Station 11 Remodel BACKGROUND: Fire Station 11, located at 2555 93rd Street in Wabasso, opened in 2000 and needs renovations to the kitchen and restrooms. EDB Architects, P.A. prepared design documents, and bids were solicited for the work. BID RESULTS: Advertising Date: June 26, 2022 Bid Opening Date: July 21, 2022 Solicitation Broadcast to: 445 Subscribers Bid Documents Requested by: 20 Firms Replies: 3 Firms Firm Location Total Bid Intertech Construction Corporation of America, Inc. Coral Gables $260,470 De La Hoz Builders, Inc. Sebastian $318,789 Close Construction Services, LLC Okeechobee $439,014 ANALYSIS: The Fire Rescue Division has reviewed the received bids, and has determined Intertech Construction Corporation of America, Inc. to be the lowest, responsive, responsible bidder. FUNDING: The low bid is 13% higher than the Architect's estimate of $230,670. In Fiscal Year 2022 budget, there is $50,000 budgeted. An additional $210,470 will be needed from Reserve for Contingency to fund the total project cost of $260,470. Funds will come from the Emergency Services District/Fire Rescue/Station #11 Renovations account, number 11412022-066510-22040. Account Name F Account Number Amount Emergency Services District/Fire Rescue/St. #11 Renovations 11412022-066510-22040 $260,470 RECOMMENDATION: 322 CONSENT Staff recommends the Board award Bid 2022061 to Intertech Construction Corporation of America, Inc., approve the sample agreement, and authorize the Chairman to execute the agreement after approval by the County Attorney as to form and legal sufficiency, receipt and approval of the public construction bond, receipt and approval of the required insurance by the Risk Manager, and the contractor's active registration with the Building Division. ATTAPHMFIUT Sample Agreement 323 SECTION 00520 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 Intertech Construction Corporation of America, Inc. (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: Remodeling of kitchen and restrooms in accordance with plans and specifications prepared by Edlund, Dritenbas, Binkley and Associates, P.A. 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: Fire Station 11 Remodel Bid Number: 2022061 Project Address: 2555 93rd Street, Vero Beach, FL 32963 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 90th 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 120th calendar day after the date when the Contract Times commence to run. 324 ************************************************************************************************************ 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 566.00 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 $566.00 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 5.01.6, 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: $260,470.00 Written Amount: Two -hundred sixty thousand, four hundred seventy dollars. 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, 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 325 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. 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. 326 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: 327 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 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 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (COVER), and sheets numbered ABB, A-1 through A-5, inclusive; M0.1, M2.1, E0.1, E2.1, E3.1, P0.1, P2.1, and P3.1, with each sheet bearing the following general title: Station 11 Interior Remodel 13. Addenda (N/A); 14. Appendices to this Agreement (enumerated as follows): N/A 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. Bid Bond (page 00430-1 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 19. List of Subcontractors (page 00458-1); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 328 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 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 Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 329 (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&-ircgov.com Indian River County Office of the County Attorney 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] 330 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 this 13th day of September, 2022. �•r7�iTP1 Z� INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: al CONTRACTOR: Intertech Construction Corporation of America. Inc. (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: David Rattray Title: Fire Chief 422543 rd Avenue Vero Beach, Florida 32967 (772) 226-1977 drattray@ircgov.com License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 331 3.T' CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 1, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension and Modification to Bid 2020051 - Annual Bid to Furnish and Deliver Polymer BACKGROUND: On September 21, 2021, the Board approved the first extension and modification to the annual bid 2020051 for polymer, which is used at wastewater treatment facilities to cause the suspended solids to conglomerate, facilitating dewatering. The first extension authorized the current term of award from October 1, 2021, through September 30, 2022, and increased the pricing from $9.890/gallon ($1.15/lb) to $11.008/gallon ($1.28/lb). In response to our request to exercise the second renewal, Polydyne has agreed, contingent upon a modification to the contract pricing. DISCUSSION: Polydyne is requesting a 27% increase to the bid price, from $11.008/gallon to $13.980/gallon (from $1.28/lb to $1.63/lb). They state that two key cost drivers of polymers, propylene and acrylonitrile, have seen substantial increases in the past year, with propylene increasing more than 26%, on average, year - over -year, and acrylonitrile increasing more than 36% over this same period. They also cited increased trucking and fuel costs, as factors behind their request. Staff has been satisfied with the product and service provided by Polydyne, and accepts their justifications for the price increase. FUNDING: Funds for polymer in the amount of $67,000 are budgeted and available for Fiscal Year 2022/2023 in the Utilities/Wastewater Treatment/Chemicals account (47121836-035230), which are part of the Utilities operating funds. Utilities operating funds are generated from water and sewer sales. Account Name Account Number Amount Utilities/Wastewater Treatment/Chemicals 47121836-035230 $67,000 RECOMMENDATION: Staff recommends the Board approve the modification to the bid price and authorize the Purchasing Manager to extend the award, both effective October 1, 2022. 332 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 6, 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 Blanket Purchase Order 91587 BACKGROUND: Blanket Purchase orders are issued at the request of using departments to enable as needed purchases over the course of the fiscal year. The Purchasing Manager may approve purchase orders up to $35,000 (not associated with a bid or contract), and the Administrator is authorized in Section 105.01 of the County Code to approve purchase orders up to $75,000. DISCUSSION/FUNDING: Fleet Management needs additional funds to purchase inventory parts, with the amount and account information on the following table. RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the increase of PO 91587 to $85,000. 333 Current Maximum Amount spent Total amount PO# Vendor and Material Amount amount with this vendor spent on this Encumbered requested for for this material product/service on PO this FY last FY last FY 91587 Cole Auto Supply, Inc. $75,000 $85,000 $67,313 $168,956 Account Number Additional funds currently available in account $ 0 — this is a pass through account for inventory, 501-141024 — Fleet/Inventory — Parts with costs paid by department that owns the equipment being repaired RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the increase of PO 91587 to $85,000. 333 8_ v CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 6, 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 2022039 for Custom Address Point Editing Tool for ArcGIS BACKGROUND: On behalf of the Information Technology Department, a Request for Proposals ("RFP") was issued for the upgrade to the GIS Division's existing ArcGIS Address Point Edit tool. The Address Point Edit Tool is used to support a number of GIS functions including the creation of address points that are supplied to the 911 system to support dispatch. ANALYSIS: A selection committee comprised of Dan Russell, Director of Information Technology, Randy King, Manager of Information Systems and Telecommunications, and Michael Staudt, GIS Manager independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. The committee met to develop an overall initial ranking of firms. The committee declared the initial rankings of firms final, but wanted to interview the top ranked proposer to obtain some clarification on their approach. Proposing Firm Submitted Price Proposal 1 Digital Data Services, Inc. $24,840 2 Tran Products DBA Polygon Solutions $24,835 3 Modernized Mobile $23,400 After discussions, the top ranked firm, Digital Data Services, Inc. ("DDS"), was asked to submit a modified scope of work, and associated pricing. DDS responded with two potential approaches, and the committee reconvened to discuss the provided approaches. The committee selected their preferred approach, and its associated cost of $12,420. FUNDING: Funding for the work is available as shown on the following table. 334 CONSENT Description Account Number Amount 911 Surcharge/Comm Center/Other Contractual Services 12013325-033490 $12,420 RECOMMENDATION: Staff recommends the Board award RFP 2022039 to Digital Data Services, Inc., approve the agreement, and authorize the Chairman to execute it, after the County Attorney has reviewed it as to form and legal sufficiency. Attachment Agreement 335 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] 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 Digital Data Services, Inc. (hereinafter called SUPPLIER). OWNER and SUPPLIER, inconsideration 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— Converting the Customized Address Editing Tool application code • Task 2 — Redesign the new tool into the ArcGIS Pro software environment • Task 3 — Testing and verification of the software • Task 4— Deployment of new software • Task 5 — Maintenance and Updates 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: Custom Address Point Editing Tool for ArcGIS Pro RFP Number: 2022039 Project Address: 1800 27th 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. ARTICLE 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 and summarized in paragraph 4.01.13, below: A. For all Work as described in, and at the prices stated in SUPPLIER's Final Proposal dated September 5, 2022, attached hereto as Exhibit 1. 336 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $12,420.00 Written Amount: Twelve thousand, four hundred twenty dollars. ARTICLES- PAYMENT PROCEDURES Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the SUPPLIER by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.01 Acceptance of Final Payment as Release The acceptance by the SUPPLIER of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the SUPPLIER other than claims in stated amounts as may be specifically excepted by the SUPPLIER for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the SUPPLIER or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ICLE 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. 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 337 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] 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. J. SUPPLIER is registered with and will use the Department of Homeland Security's E -Verify system (www.e- veri ov) 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 2022039 (4) SUPPLIER'S submitted proposal; (5) Firm Information Form (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). 338 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] 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. 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 thereofwith 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. 4 339 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] (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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th 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. 5 340 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] 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 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 REGARDSTO F.S. 287.135: TERMINATION IN REGARDSTO 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. 6 341 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] 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_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: SUPPLIER: INDIAN RIVER COUNTY Digital Data Services, Inc. By: By: Peter D. O'Bryan, Chairman (Supplier) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Michael Staudt Title: GIS Manager Address: 1800 27th Street, Vero Beach, FL 32960 Phone: 772-226-1609 Email: mstaudt@ircgov.com 7 Address for giving 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.) 342 [RFP for Custom Address Point Editing Tool for ArcGIS Pro] Exhibit 1— Final Proposal 343 Ern ,_■ DIGITAL DATA SERVICES. INC. Custom Addressing Solution Proposal for Indian River County, Florida September 5, 2022 Prepared by Digital Data Services, Inc. 200 Union Blvd. Suite 200 Lakewood, CO 80228 www.digitaldataservices.com GSA Contract GS -35F -0091S 344 DIGITAL DATA SERVICES, INC Project Approach Based on the August 18, 2022, interview by Indian River County and Digital Data Services (DDS) staff, Indian River requested DDS to prepare a revised Scope of Services for the ArcGIS Address Point Editing Add -In migration. Based on the demonstration of the existing Indian River Addressing Tool and our experience in Addressing solutions, DDS prepared the following approach to the project. Update Existing ArcGIS Add -In Update the existing ArcGIS Add -In from ArcMap to ArcGIS Pro. It is the simplest solution and provides UX modifications not available in the ArcGIS Pro Tasks solution. The drawback is that the Address Add -In remains compiled code which would continue to require a third party to update and maintain at additional expense. Task 1 - Source Data Transfer and Review Objective: Receive copies of the Indian River source GIS layers, including but not limited to the address feature layer and any required reference (e.g., parcels, ESN, MSAG, postal communities, etc.) feature layers. DDS Approach: DDS will request a File Geodatabase copy of the address and dependent layers to be copied from your ArcSDE database in the same naming and structure. This File Geodatabase will be used for development purposes. It does not include making any schema updates or modifications to existing Indian River feature datasets. However, if you wish for DDS to perform the schema updates, we can provide a separate quote based on the complexity of the changes. Requirements: Esri File Geodatabase of Add -In feature layer dependencies, original 345 Indian River Addressing Add -In source code and compiled Add -In. Timeline: This task is budgeted with four hours of review. Deliverables: See Task 2 Task 2 - Review existing Add -In code Objective: Migrate the existing ArcObjects .N ET 10.8 SDK code base into the ArcGIS Pro SDK for .NET environment using Microsoft Visual Studio, ensuring all current functionality is retained. DDS Approach: DDS will thoroughly analyze the existing ArcMap ArcObjects Add -In code base to understand what migrates directly and what code requires refactoring to ArcGIS Pro SDK. Although the two Esri SDKs contain significant differences, a high-level understanding of how the 345 DIGITAL DATA SERVICES, INC existing Add -In is structured is essential to the code migration process. • Analyzing the general structure of the current ArcMap Add -In and identifying the primary modules, functions, classes, and logic flow that is used to determine whether the current software design can be maintained, in whole or part, or whether the Add -In requires a heavier refactoring to accommodate the ArcGIS Pro SDK environment. Ensuring all the core functionality of the current ArcMap Add -In can be migrated to the ArcGIS Pro SDK, retaining current functionality. While many of the ArcMap ArcObjects SDK APIs are similarly named or patterned within the ArcGIS Pro SDK, it is common for dialect differences to occur. Therefore, for any functionality that cannot be directly mapped between the two SDKs, the more feature -rich ArcGIS Pro SDK will be used to provide a similar solution. DDS will provide an Action Plan after our review. The Action Plan will include a high-level design, overview, approach, and timetable document for the migration process from ArcMap ArcObjects SDK to the ArcGIS Pro SDK. This document will also list any issues we expect to encounter and any recommendations to Indian River County. Requirements: Existing ArcMap Address Add -In codebase, complied Add -In, sample data in File Geodatabase, existing developer and user documentation. Timelines: The code review and Action Plan development will take approximately sixteen labor hours and be delivered one week after receiving the required files and documentation from Indian River County. Deliverables: Migration Action Plan based on Tasks 1 and 2. Task 3 — Redesign Address Editing Tool for ArcGIS Pro Objective: Migrate existing ArcGIS ArcMap to ArcGIS Pro. DDS Approach: Upon approval of the Action Plan in Task 1, DDS will utilize the approach in the Action Plan to migrate the existing ArcMap Add -In to the ArcGIS Pro SDK using Microsoft Visual Studio. The ArcGIS Pro environment is meant to upgrade or enhance ArcMap. The new graphical user interface (UX) of the Addressing Add -In will reflect the enhanced UX design and functionality of ArcGIS Pro. All the existing UX functionality and business process will be maintained. However, it will be streamlined and improved upon by the new ArcGIS Pro environment. 346 DIGITAL DATA SERVICES, INC Timeline: We expect the migration of the ArcGIS Add -In to take approximately 40 hours based on the functionality demonstrated in the interview. Deliverables: None. Task 4 - Testing and Verification of the ArcGIS Pro Add -In Objective: DDS will perform validation testing of the ArcGIS Pro Add -In during development and test in an ArcGIS Pro 3.x environment. DDS Approach: Validation and unit testing of the new ArcGIS Pro Addressing Add -In will be performed as the code is migrated to ensure code integrity. Both automated and in-house (hands-on) testing of the completed ArcGIS Pro Address Add -In will be performed by DDS. Once our internal testing is complete, DDS will prepare draft deployment documentation to provide to Indian River County for internal deployment and user acceptance testing. Timeline: We estimate about 16 hours internal testing to be performed as part of Task 3 and external testing by Indian River to take approximately two weeks, depending on resources. Deliverables: Draft compiled ArcGIS Pro Add -In and deployment documentation. Task 5 - ArcGIS Pro Add -In Deployment Objective: DDS shall work with direction from Indian River County's technical staff and management. However, onsite testing before the finalization of the project must be completed in conjunction with the County staff. DDS Approach: DDS will work with Indian County's technical staff and management to create deployment documentation and compiled ArcGIS Pro Add - In. DDS will initially develop documentation within our test environments and submit the documentation to Indian County staff for initial review and confirmation that the deployment process works as expected. Timeline: Deployment documentation will be provided within one week after approval of user acceptance testing in Task 4. Deliverables: Deployment documentation and compiled ArcGIS Pro Add -In and final Microsoft Visual Studio project (source code) using the ArcGIS Pro SDK either as a zipped archive or Git repository. Task 6 - ArcGIS Pro Add-in Maintenance and Updates Objective: DDS will be available in the future for maintenance and updates of the ArcGIS Pro Add -In, as required, for future versions of ArcGIS Pro and ArcGIS Pro SDK. 347 DIGITAL DATA SERVICES, INC DDS Approach: DDS builds long-term relationships with our clients and is a trusted partner working toward the County's success. We will be a responsive team, ensuring that the County is delighted with the solution we prepare applies to the task at hand and is a basis for future updates. DDS will prepare an estimate for any requested updates or enhancements to the ArcGIS Pro Addressing Add -In for Indian River County approval. Timeline: Varies Deliverables: Varies DIGITAL DATA SERVICES. INC Cost Proposal The following estimate is for hours to complete the tasks in the Statement of Work within six weeks of notice to proceed and receipt of data and source code listed in Task 1. This estimate is time and materials, not to exceed. This estimate does not include schema changes or additions to be performed by DDS. Update Existing ArcGIS Add -In TASK DESCRIPTION HRS RATE TOTAL Task 1 Source Data Transfer and Review 4 $135 $540 Task Review existing Add -In code 16 $135 $2,160 Task Redesign Address Editing Tool for ArcGIS Pro 48 $135 $6,480 Task Testing and Verification of the Add -In 16 $135 $2,160 Task 5 ArcGIS Pro Add -In Deployment 8 $135 $1,080 Task 6 ArcGIS Pro Add-in Maintenance and Updates Varies $135 Varies Tota 1 $12,420 349 DIGITAL DATA SERVICES, INC Project Rate Card The following billing rates are for services performed at our offices. DDS bills in quarter-hour increments. Name Classification Hourly Rate Tom Neer Project Manager $140 Zack Robison Application Developer $135 Pete Skull Application Developer $135 Reimbursable Expenses DDS passes all client pre -approved, direct expenses onto our clients at cost. We do not foresee any expenses associated with completing this project. Travel Costs DDS does not foresee the need to work onsite for this project. We work remotely with clients across North America all the time. Travel expenses from our Denver offices to your locations would be billable at cost if requested. 350 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 6, 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 Authorization to Negotiate for RFQ 2022064 for Professional Surveying and Mapping Services BACKGROUND: In accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for professional surveying and mapping services in support of various County projects. The current agreements with five firms, awarded by the Board on October 4, 2016 will expire on October 3, 2022. RFQ RESULTS: Advertising Date: June 24, 2022 RFQ Opening Date: July 22, 2022 DemandStar Broadcast to: 801 Subscribers RFQ Documents Requested by: 29 Firms Replies: 13 Firms ANALYSIS: A selection committee comprised of David Schryver, PSM, County Surveyor, David Silon, PSM, Assistant County Surveyor, Kirstin Leiendecker, PE, Roadway Production Manager, James Ennis, PE, PMP, Assistant Public Works Director, and Harrison Youngblood, PE, Utilities Engineer, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ, and the Purchasing Manual. The committee then met and developed an initial ranking of firms, based on the individual rankings. The committee determined discussions with the four top ranked firms were not necessary, and invited the next four firms to participate in the discussion phase. At the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. 351 CONSENT The final ranking established by the committee is: Responding Firm Location 1. Bowman Consulting Group, LTD Stuart 2. CivilSury Design Group, Inc. Vero Beach 3. Carter Associates, Inc Vero Beach 4. Southeastern Surveying & Mapping Corporation Orlando 5. Masteller, Moler & Taylor, Inc. Vero Beach 6. GCY, Inc. Palm City 7. Morgan & Eklund Vero Beach 8. Johnson, Mirmiran & Thompson, Inc. Fort Pierce 9. Survtech Solutions, Inc. Tampa 10. KCI Technologies, Inc. Fort Lauderdale 11. AIM Engineering & Surveying, Inc. Orlando 12. Manuel G. Vera & Associates, Inc. Miami 13. Precision Measurements, Inc. Fort Lauderdale Staff is prepared to begin negotiations with the eight top ranked firms and bring the final agreements to the Board at the next available meeting. FUNDING: Funding is available from Secondary Roads — Annual Survey Services Account and various Other Professional Services accounts. The proposed budget for Annual Survey Services/Account Number 10921441-033490-05007 for fiscal year 2022/2023 is approximately $100,000. Funding for other professional services accounts is included within the relevant capital project budgets. Description Account Number Budget Request Secondary Roads — Annual Survey Services 10921441-033490-05007 $100,000 RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the eight top ranked firms, in accordance with FS 287.055. 352 8. X. CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 1, 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 2022071— Annual Maintenance of Spoonbill Marsh Created Wetland System BACKGROUND: On behalf of the Indian River County Department of Utility Services (IRCDUS), Requests for Proposals (RFPs) were solicited for annual maintenance at the Spoonbill Marsh treatment facility. Work included under the solicitation includes periodic mowing, invasive species control, boardwalk maintenance and repairs, and cleaning of ditches, runnels, screens and breeches. The current agreement with Southern Management LLC was awarded by the Board on October 24, 2017, with both available extensions exercised, and a final termination of October 23, 2022. 1:7y1 I��iITiZ� Advertising Date: July 22, 2022 RFP Opening Date: August 16, 2022 Solicitation Broadcast to: 950 Subscribers RFP Documents Requested by: 27 Firms Replies: 1 Firm (Southern Management LLC) ANALYSIS: A selection committee comprised of Rich Meckes, Water/Wastewater Operations Manager, Mike Wyatt, Chief Operator, Jose Vega, Environmental Compliance Analyst, Eric Charest, Natural Resources Manager, and Patric Carpenter, Environmental Technician 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. Staff has been highly satisfied with the performance of Southern Management LLC, and expects that level of service to continue under this agreement. The term of award is proposed at three years, effective October 24, 2022, with two one-year renewals available. 353 CONSENT FUNDING: The total estimated annual cost for work under this award is $280,957, which represents a 4% increase from the RFP awarded in 2017. The funds are budgeted and available in the Utilities/Spoonbill Marsh/Other Professional Services account, number 47129236-033190, which is funded through water and sewer sales. Account Name Account Number Amount Utilities/Spoonbill Marsh/Other Professional Services 47129236-033190 $280,957 RECOMMENDATION: Staff recommends the Board award RFP 2022071 to Southern Management LLC, approve the agreement, and authorize the Chairman to sign after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT Agreement 354 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 Southern Management, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is described in Exhibit 1—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: Annual Maintenance at Spoonbill Marsh RFP Number: RFP 2022071 Project Address: 130057 1h Street, Vero Beach, FL 32967 ARTICLE 3 - TERM The term of this agreement shall be three years, with two (2) additional one (1) year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the Count ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to work completed and at the prices stated in CONTRACTOR's Price Proposal, attached hereto as Exhibit 2. ARTICLES- PAYMENT PROCEDURES 5.01 Owner shall make monthly payments based on invoices submitted and for work completed by CONTRACTOR. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the 355 CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposals documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. CONTRACTOR is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S.. SUPPLIER is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors 356 ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Certificate of Liability Insurance (3) Request for Proposals 2022071 (4) Addendum 1; (5) CONTRACTOR'S Price Proposal Form; (6) CONTRACTOR'S Submitted Proposal (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (9) Certification Regarding Lobbying; (10) Certification Regarding Debarment, Suspension Ineligibility and Voluntary Expulsion; 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; 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 Proposal. 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 3 357 be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and 4 358 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 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to 359 be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to 360 pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. F. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. I. 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 contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 7 361 K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. 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 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 362 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. M. 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. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. 363 B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 10 364 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 September 13, 2022. [0]Tdl 0141; 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: Title: Address: Phone Email 11 CONTRACTOR: SOUTHERN MANAGEMENT LLC By: (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 365 Exhibit 1— Scope of Work 366 2022072 RFP for Spoonbill Marsh Maintenance Scope of Services I. INTRODUCTION Indian River County (COUNTY) is seeking a qualified and experienced firm to maintain Spoonbill Marsh for an annual fee. This bid will be awarded for an initial three-year period and may be renewed for two (2) additional one (1) year periods, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. COUNTY currently operates and manages a created wetland treatment system (FACILITY), comprised of 67± acres located at 1300 57th Street. Primary access to the FACILITY is through a locked and gated entrance off 57th Street, east of U.S. Highway 1. From this entrance gate, an unimproved (dirt) roadway crosses Grand Harbor North land for 6/10ths of a mile to the FACILITY entrancegate. FACILITY 691H STREET ^r�HILL rnmiw n� RJUER LACIJON yyu. HUT PINE ' STTIi ST RAP! 1t1VLTRA1,_F* BA rn RELIEF CANALI L } ` ORAI>JII HARBOR J {ut W 5 f�{_p�} aT DJAt1 RIVER BLVD J I I 1 The FACILITY is the disposal site for demineralization concentrate (DC) discharge water from the North County Regional Potable Water Treatment Plant (WTP). DC is conveyed from the WTP to the FACILITY with a 16 -inch force main. The DC water is mixed with water pumped from the Indian River Lagoon into the FACILITY (at an approximate ratio of 2.5 parts water from the Lagoon to 1 -part DC). The blended stream is allowed to flow through ± 27.6 acres of constructed basins, then through an existing mangrove community, and finally into the Lagoon. Maintenance includes, but will not be limited to, mowing, trimming, repairs, construction services, site work, and site assessment and monitoring. In addition, services may include assistance to the COUNTY for other wetland -related projects and liaison with regulatory agencies for the purpose of acquiring grants and to market projects at the FACILITY. Scope Page 1 367 2022072 RFP for Spoonbill Marsh Maintenance II. GENERAL QUALIFICATIONS The Contractor shall have a minimum of 10 years' experience with each of the following: • Maintenance of constructed wetlands used for disposal of reverse osmosis concentrate. • Erosion and sedimentation control. • Aquaculture, cultivation/maintenance of oysters and oyster beds. • Environmental projects in the Indian River Lagoon. • Water pumps and pumping equipment. • Site work. • Welding and fabrication. • Brush hogmowing. • Boardwalk construction and/or maintenance. • Mangrove trimming per the Mangrove Trimming and Preservation Act. • Eradicating of exotic plant species. III. DESCRIPTION OF RESPONSIBILITIES Presented below are a series of task(s) necessary for the successful operation of the Wetland Treatment System at the FACILITY. In 2010, the Florida Department of Environmental Protection issued an Industrial Waste Permit No. 31FLO166511 for the FACILITY. The monitoring and maintenance of the operational permits is the responsibility of the COUNTY and not the CONTRACTOR. ITEM NO. 1 SITE MOWING -BRUSH HOG 1.1 Summary 1. CONTRACTOR shall visit the FACILITY and become familiar with the area to mow. 2. CONTRACTOR shall furnish all labor, equipment, and incidentals required to mow the FACILITY. 3. The extent of brush hog mowing is shown in Drawing 1. 1.2 Frequency and Conditions 1. CONTRACTOR shall mow with a brush hog, the area delineated in Drawing 1, six (6) times per year: once in March, May, July, August, September and November. If weather conditions prevent scheduled mowing, mowing will be rescheduled per the COUNTY. 2. COUNTY may require additional brush hog mowing for special events at unit cost and will provide the CONTRACTOR written notice seven calendar days in advance. 3. CONTRACTOR shall be aware of soft, wet areas and avoid causing ruts while brush hog mowing. 4. CONTRACTOR shall repair ruts caused by brush hog mowing. 5. CONTRACTOR shall weed whack a minimum of 10' around each of four (4) discharge boxes. 6. CONTRACTOR shall weed whack a minimum of 10' around the Spoonbill Marsh sign located at the FACILITY entrance during each scheduled brush hog mowing and for special events. Scope Page 2 368 2022072 RFP for Spoonbill Marsh Maintenance ITEM NO. 2 LAWN MOWING 2.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required to mow the lawn. 2. The extent of lawn mowing is shown in Drawing 2. 2.2 Frequency and Conditions 1. CONTRACTOR shall mow lawn area, 18 times per year as called out on the schedule. If weather conditions prevent scheduled mowing, mowing will be rescheduled per the COUNTY. 2. COUNTY may require additional lawn mowing for special events and will provide the CONTRACTOR written notice seven (7) calendar days in advance. 3. CONTRACTOR shall use a weed whacker to trim around four (4) concrete meter vaults, transformer pad and gravel parking area each scheduled lawn mowing. ITEM NO. 3 INVASIVE SPECIES CONTROL 3.1 Summary 1. CONTRACTOR shall have prior experience eradicating and controlling non-native invasive species of grass and trees. 2. CONTRACTOR shall furnish all labor, equipment and incidentals required for eradicating non-native invasive species of grass and trees. 3. Invasive species emerge along the roads, along the river boardwalk, and on the high marsh islands. COUNTY will assist in identifying those areas with invasive species. 4. The extent of invasive species is shown in Drawing 3. 3.2 Frequency and Conditions 1. CONTRACTOR shall eradicate all non-native invasive species four (4) times per year, once in March, May, July and September. If weather conditions prevent scheduled eradication, eradication will be rescheduled per the COUNTY. 2. Eradication method shall be cutting trees at the base and spraying with a defoliant. All cuttings shall be removed from the site. Smaller trees shall be sprayed in place and wood removed after foliage drops. Grasses shall be sprayed. 3. CONTRACTOR shall apply defoliant spray per the manufacturer's directions. 4. CONTRACTOR shall submit an hourly rate. The work requirements will vary. ITEM NO. 4 SUMP, TRASH SCREEN AND WET WELL CLEANING 4.1 Summary 1. CONTRACTOR shall furnish all labor, equipment, and incidentals required to clean the sump, trash screen, and wet well. 2. Sump, trash screen, and wet well shown in Drawing 4. 4.2 Frequency and Conditions Scope Page 3 369 2022072 RFP for Spoonbill Marsh Maintenance 1. CONTRACTOR shall clean sump, screen and wet well two (2) times per year: once in March and September. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the County. 2. Type II Turbidity Curtain may be required as a protective barrier for work area as shown in Drawing 4. Turbidity curtain shall be removed after County completes a site inspection. 3. An experienced diver, PADI certified or equivalent, is required for working inside of the wet well. 4. Sump, as shown in Drawing 4, the area between the wet well and the river and shall be cleaned two (2) times per year, once in late December and June. All accumulated muck and vegetation shall be removed down to hard pan or clean sand. Amount of accumulation varies. 5. CONTRACTOR shall not disturb rip rap lining at the edge of sump. 6. Wet well is the concrete structure housing the pumps. All accumulated sand, muck, and vegetation shall be removed from the inside of wet well. All mollusks shall be scraped from wet well walls and removed from site. 7. CONTRACTOR shall remove all debris from pump screen baskets. 8. CONTRACTOR shall be present when County lifts turbine pumps from wet well for inspection. 9. Trash screen is the V-shaped structure attached to the front of the wet well. All mollusks shall be scraped from the inside and outside of the screen. CONTRACTOR shall note condition of the sump, trash screen, and wet well and submit a written report via an e-mail of conditions to the COUNTY. 10. CONTRACTOR shall remove all debris from the site after cleaning of sump, trash screen, and wet well and dispose on Spoonbill site designated by County staff. 11. CONTRACTOR shall restore site, in kind, to include grading and covering with hay as needed. ITEM NO. 5 MANATEE SCREEN CLEANING 5.1 Summary 1. CONTRACTOR shall furnish all labor, equipment, and incidentals required to clean the manatee screen. 2. Manatee screen is located directly in the lagoon and is subject to wind and tidal conditions. 3. Manatee screen is shown in Drawing 5. 5.2 Frequency and Conditions 1. COUNTY shall supply all building material used in manatee screen maintenance. 2. CONTRACTOR shall remove all accumulation of debris from the manatee screen to insure waterflows into the sump free of obstructions. CONTRACTOR shall remove all blockage within 24 hours of COUNTY request to clean screen. NOTE: An algae, commonly known as grassilaria, blooms in warm weather and accumulates on the manatee screen impeding flow. 3. Manatee screen shall be repaired and maintained as directed by the COUNTY. 4. Contractor shall submit an hourly rate. The work requirements will vary. ITEM NO. 6 BOARDWALK MAINTENACE 6.1 Summary 1. COUNTY shall supply all building material used in boardwalk maintenance. 2. Material to be used: Scope Page 4 370 2022072 RFP for Spoonbill Marsh Maintenance Lumber - marine grade Hardware - screws 3", 316 stainless, star drive Water base sealer 3. CONTRACTOR shall furnish all labor, equipment, and incidentals required to repair and maintain boardwalk. 4. Extent of boardwalk maintenance is shown in Drawing 6. 6.2 Frequency and Conditions 1. CONTRACTOR shall repair boardwalk four (4) times per year: once in March, June, September and December. If weather conditions prevent scheduled boardwalk repair, boardwalk repair will be rescheduled per the COUNTY. 2. CONTRACTOR shall submit an hourly rate for boardwalk maintenance. The repairs each quarter will vary. 3. CONTRACTOR shall inspect boardwalk and mark boards to be replaced. Boards include handrails, balusters and baluster stringers, post and decking. 4. COUNTY will inspect boardwalk with CONTRACTOR. COUNTY will order material to be delivered on- site for CONTRACTOR. 5. The COUNTY may require additional boardwalk maintenance for special events or weather-related damage and will provide the CONTRACTOR written notice 7 calendar days in advance. 6. CONTRACTOR shall apply a water-soluble deck sealer to all new wood per manufacturers' directions. 7. While boardwalk is being repaired, CONTRACTOR shall post signage that boardwalk is closed for repair. 8. CONTRACTOR shall remove from the site all debris related to boardwalk maintenance and replacement. ITEM NO. 7 BOARDWALK REPLACEMENT 7.1 Summary 1. COUNTY shall supply all material used in boardwalk replacement. 2. Material to be used: Lumber— marine grade Hardware — screws 3", 316 stainless, star drive 3. CONTRACTOR shall furnish all labor, equipment, and incidentals required to replace sections of the boardwalk. 4. Replace 100' boardwalk if required by IRCU. ITEM NO. 8 MANGROVE TRIMMING - BOARDWALK 8.1 Summary 1. CONTRACTOR shall furnish all labor, equipment and incidentals required to trim and remove trimmings from the site. 2. Mangrove trimming -boardwalk shown in Drawing 8. Scope Page 5 371 2022072 RFP for Spoonbill Marsh Maintenance 8.2 Frequency and Conditions 1. Once each year in March, CONTRACTOR shall vertical trim all trees three feet out from hand rail on each side of boardwalk to create a clear zone. If weather conditions prevent scheduled mangrove trimming, mangrove trimming will be rescheduled per the COUNTY. 2. All emerging mangrove under the boardwalk shall be removed from the site. 3. CONTRACTOR shall remove from the site all debris related to boardwalk trimming. 4. COUNTY may require additional mangrove trimming along the boardwalk after storm -related events and will provide the CONTRACTOR written notice seven (7) calendar days in advance. ITEM NO. 9 RUNNEL CLEANING AND DEBRIS REMOVAL 9.1 Summary 1. Runnels are discharge water channels interconnecting the ponds. Depth 1 to 4 feet. CONTRACTOR shall furnish all labor, equipment, and incidentals required to remove debris from runnels (each bank). 2. Runnel locations are shown in Drawing 9. 9.2 Frequency and Conditions 1. Once each year in May/June, CONTRACTOR shall provide maintenance cleaning to insure all runnels are free of debris and obstructions, total of fourteen (14) runnels, various lengths and widths. Total of 5,540 lineal feet. Depth 1 to 4 feet. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 2. COUNTY may require additional cleaning of the fourteen (14) runnels after storm related events and will provide the CONTRACTOR written notice seven (7) calendar days in advance. 3. Debris to be removed consists of overhanging canopy of mangrove trees impeding flow, fallen tree limbs, and some tree roots. 4. CONTRACTOR shall remove all debris from the site. ITEM NO. 10 MOSQUITO DITCH CLEANING 10.1 Summary 1. Mosquito ditches are the channels that drain the eastern 1/3 rd of the site. 2. CONTRACTOR shall furnish all labor, equipment, and incidentals required to remove debris from the mosquito ditches (each bank). 3. Runnel locations are shown in Drawing 10. 4. Once per year for maintenance on all ditches. 10.2 Frequency and Conditions 1. COUNTY shall specify the mosquito ditches to be cleaned. (COUNTY anticipates CONTRACTOR cleaning approximately 500' per year, as needed, to improve water flow.) 2. Mosquito ditches shall be cleaned during the dry season: February and March. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 3. COUNTY may require additional cleaning after storm -related events and will provide the Scope Page 6 372 2022072 RFP for Spoonbill Marsh Maintenance CONTRACTOR written notice seven (7) calendar days in advance. 4. Debris to be removed consists of decomposing vegetation and silt, overhanging canopy of mangrove trees impeding flow, fallen tree limbs, and some tree roots. 5. CONTRACTOR shall place debris on each bank well away from water channel. Debris is not required to be removed from site. 6. CONTRACTOR shall use a per foot price. ITEM N0.11 NORTH AND SOUTH BREECH DEBRIS REMOVAL 11.1 Summary 1. North and South Breeches are discharge water channels connecting ponds to the Lagoon. Depth 1 to 4 feet. 2. CONTRACTOR shall furnish all labor, equipment, and incidentals required to remove debris from the North and South Breeches (each bank). 3. The breech locations are shown in Drawing 11. 11.2 Frequency and Conditions 1. CONTRACTOR shall clean the North and South Breeches quarterly, four (4) times per year, once in March, June, September, and December. If weather conditions prevent scheduled cleaning, cleaning will be rescheduled per the COUNTY. 2. COUNTY may require additional cleaning of debris from the north and south breech after storm events and will provide the CONTRACTOR written notice seven (7) calendar days in advance. 3. Debris consist of decomposing vegetation and silt, overhanging canopy of mangrove trees impeding flow, fallen tree limbs and some tree roots. 4. CONTRACTOR shall be working in water. 5. CONTRACTOR shall place debris on each bank well away from water channel. Debris is not required to be removed from site. ITEM NO. 12 ROAD MAINTENANCE 12.1 Summary 1. CONTRACTOR shall furnish all labor, equipment, and incidentals required for repairing and maintaining roads. 2. COUNTY shall furnish suitable roadway material as approved by the COUNTY. 3. Roads shown in Drawing 12. 12.2 Frequency and Conditions 1. Once each year in December, CONTRACTOR shall repair roads. If weather conditions prevent scheduled road repairs, road repairs will be rescheduled per the County. 2. CONTRACTOR shall begin road maintenance starting at the end of pavement nearest US Highway 1. 3. COUNTY may require additional site work or road repair due to weather-related erosion or other unforeseen events and will provide the CONTRACTOR written notice seven (7) calendar days in advance. 4. COUNTY will provide roadway material for certain road -related work. Scope Page 7 373 2022072 RFP for Spoonbill Marsh Maintenance 5. COUNTY may opt to utilize IRC Road and Bridge forces for certain road -related work. 6. CONTRACTOR shall use a per -hour price. The work requirements will vary. ITEM NO. 13 MISCELLANEOUS TASKS 13.1 Summary 1. CONTRACTOR shall furnish all labor, equipment, and incidentals required for miscellaneous task or repairs. 13.1 Frequency and Conditions 1. Miscellaneous tasks or repairs will include, but may not be limited to, relocating or removing plant mats, and relocating or removing oysters. May also include small repairs that will require welding and fabricating. GENERAL CONDITIONS FOR SITE MAINTENANCE 1. FACILITY is a part of the COUNTY potable water system and is in operation 24 hours per day, seven (7) days per week. CONTACTOR shall coordinate with the COUNTY before commencement of any and all work. 2. FACILITY is a wildlife habitat. Potentially dangerous animals are present: alligators, bob cats, otters, and others. 3. CONTRACTOR shall maintain the site for safe ingress and egress of County vehicles and immediately report to the COUNTY unsafe conditions or unusual activity. 4. The entrance gate at US Highway 1 shall be kept closed and locked. CONTRACTOR will be provided with a key. 5. CONTRACTOR shall not store equipment on the site, except equipment used for Spoonbill projects. 6. CONTRACTOR shall not store fuel, oil, or chemicals on the site and shall immediately report all spills to the COUNTY. 7. CONTRACTOR shall remove from the site all litter encountered during maintenance activities. 8. CONTRACTOR shall exercise caution using gasoline -powered tools while working in and around the water. ITEM 14. STORM EVENT RESPONSE 14.1 Summary 1. CONTRACTOR, at the request of the County, may be required to document pre- and post -storm documentation of Spoonbill. 2. CONTRACTOR shall be on-site within 24 hours of post -storm. 3. CONTRACTOR shall document damage with photos and site map of location of photos. 4. CONTRACTOR will provide the COUNTY a detailed report with photos of damage within 10 calendar post -storm events. 5. CONTRACTOR will clear all roads for access to the entire site within five (5) calendar days post -storm. 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Brown County Administrator DEPARTMENT HEAD CONCURRENCE: THROUGH: Rebeca A. Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 8/26/2022 RE: Request for Release of an Easement Located at 3156 62nd Court It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of September 13, 2022. DESCRIPTION AND CONDITIONS The County has been petitioned by Douglas H. Dean & Michelle L. Dean, owners of a lot at 3156 62nd Court, for release of a drainage and utility easement. The purpose of the easement release request is for the construction of a new single-family residence (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve release of the drainage and utility easement described in the proposed resolution. Attachments: 1. Map depicting easement proposed for release. 2. Proposed County Resolution releasing easement. proj./appl. no. 2022040052/93082 379 56T - 333 5uL3fM.N1.1"W &MOW a31d 00 37„a N �l 10 l�V 1Z .0'SL m % . 0£I 3. 0,00.06 A m N N l l' b Z= 333 a3ldn000 Ll iM rte. O O O zm 0;0 vN s z O O p p C) C3 0 0 rl Cz C 00 z �m O m NOLL6?1OddO0 ONIGM9 OGAIV NO.d (7d216VdWd A,9ndn`Z AH'VCTNnOS dO dYN on -- S133HS, 'JAOHLIMRLg7d)VOJ10NAaAdng--- A9A87731ZdoIIa-qHS cn -- N ,62'0£t M.00.00.06N m u i I ul �I mi S l 101 ow env dalcow a 6'LE ws .cs mse.�wv Alt � 4 I ¢ STZ, �N3Q1- tS3 I - r i tin ..- I I �. ow avO UI r l�V 1Z .0'SL m % . 0£I 3. 0,00.06 A m N N l l' b Z= 333 a3ldn000 Ll iM rte. O O O zm 0;0 vN s z O O p p C) C3 0 0 rl Cz C 00 z �m O m NOLL6?1OddO0 ONIGM9 OGAIV NO.d (7d216VdWd A,9ndn`Z AH'VCTNnOS dO dYN on -- S133HS, 'JAOHLIMRLg7d)VOJ10NAaAdng--- A9A87731ZdoIIa-qHS RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT (OR PORTION THEREOF) ON LOTS 15 & 16, CHERRY LANE MANOR SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on Lots 15 & 16, of CHERRY LANE MANOR SUBDIVISION; and WHEREAS, DOUGLAS H. & MICHELLE L. DEAN, the owners of the property, have made application to Indian River County requesting that the County release the easement, or portion thereof; and WHEREAS, the retention of the easement, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement(s): The north three (3) foot drainage & utility easement ofLot 15 and the south three (3) foot drainage & utility easement of Lot 16, less and except any portions of east five (5) foot drainage & utility easements on Lot 15 & Lot 16, Cherry Lane Manor, according to the plat thereof, as recorded in Plat Book 4, Page 77 of the Public Records oflndian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION seconded by Commissioner the following vote: was moved for adoption by Commissioner , and adopted on the day of September, 2022, by Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher The Chairman declared the resolution duly passed and adopted this day of , 2022 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman 381 RESOLUTION NO. 2022 - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 10 Deputy Clerk APPROVED AS TO LEGAL FORM: William K. DeBraal Deputy County Attorney ease.bccdoc proj/apl. no. 2022040052/93082 Cc: Applicant: DOUGLAS H. & MICHELLE L. DEAN 8716 100TH CT VERO BEACH, FL 32967 382 Zr *ftl No, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director AND James W. Ennis, P.E., P.M.P. Assistant Public Works Director FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 3 — CivilSury Design Group, Inc. IRC Project Number 2214 —Vero Lake Estates Master Drainage DATE: August 30, 2022 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services with CivilSury Design Group, Inc., approved the renewal as of October 4, 2018 and approved the final renewal and Amendment No. 1 as of October 4, 2020. Work Order No. 3 with CivilSury Design Group, Inc. is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic survey to obtain existing drainage conditions for a portion of Vero Lake Estates. The survey will encompass a block of Vero Lake Estates bounded as follows: on the west by 106th Avenue, on the east by 102nd Avenue, on the south by 79th Street and on the north by 81s' Street. This survey will assist County staff in updating the County Stormwater Infrastructure for renewal of the Counties Municipal Separate Storm Sewer System (MS4) permit. Work Order No. 3 is for a lump sum amount of $49,320.00. This will be the first of several drainage related projects forthis area. The purpose of these projects isto improve existing drainage, and generate a master drainage plan to guide future development and planning of the Vero Lake Estates area. FUNDING Funding for this project in the lump sum amount of $49,320.00 is budgeted and available through Transportation Fund/Stormwater/Other Contractual Services/VLE Stormwater, Acct# 11128138-033490- 22041. RECOMMENDATION Staff recommends approval of Work Order No. 3 with CivilSury Design Group, Inc. for a lump sum of $49,320.00 to provide survey services and requests the Board of County Commissioners to authorize the Chairman to execute Work Order No. 3 on their behalf. 383 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOE5310\@BCL@BCOE5310.doc PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For September 13, 2022 BCC ATTACHMENTS CivilSury Design Group, Inc., Work Order No. 3 APPROVED AGENDA ITEM FOR SEPTEMBER 13, 2022 384 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOE5310\@BCL@BCOE5310.doc WORK ORDER 3 VERO LAKE ESTATES MASTER DRAINAGE I RC -2214 This Work Order Number 3 is entered into as of this day of , 2022, pursuant to that certain Annual Professional Surveying and Mapping Services Master Agreement dated October 04, 2016, renewed as of October 4, 2018 and renewed and amended as of October 4, 2020 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CIVILSURV DESIGN GROUP, INC. ("SURVEYOR"). The COUNTY has selected the SURVEYOR to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order No. 3 and made part hereof by this reference. The professional services will be performed by the SURVEYOR for the fee schedules and within the timeframes set forth in Exhibit A, 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. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CIVILSURV DESIGN GROUP, INC. OF INDIAN RIVER COUNTY By: Print Name: Title: By: 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 William K. DeBraal, Deputy County Attorney 385 August 1, 2022 Revised August 11, 2022 Revised August 17, 2022 Revised August 31, 2022 Via e-mail: dschrwerunircgov.com David W. Schryver, P.S.M. County Surveyor, Engineering Division Indian River County 1801 27th Street (Building A) Vero Beach, FL. 32960 (772) 226-1386 CIVILSU A Tradition of Innovative Engineering EXHIBIT RE: IRC -2214 Vero Lakes Estates Master Drainage Thank you very much for your request. In accordance with your request CivilSury Design Group, Inc. is pleased to provide a proposal for a Topographic Survey for the Right -of -Way and rear lot swales. The Topographic Survey shall adhere to the Standards of Practice as set forth by the Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code. The Topographic Survey shall depict the following: Horizontal datum shall be based on the East Zone of the Florida State Plane Coordinate System. 1) Spot elevations at 50' intervals including intermediate highs and lows, ditches, Etc. 2) Spot elevations utilizing a 50' grid. 3) All above ground improvements limited to roadways and drainage structures and features. 4) Prepare the Survey in AutoCAD Civil 3D Version 2020 or newer. 5) Cross Section the ditch at 81 $' Street and at each street intersection (approximately 9 cross sections). 6) Obtain centerline of swale elevations along the rear of the lots (1 Cross Section at the approximate center of each lot). 7) Total linear feet of the project consist of 18,500'+- along roadway and 10,500' of rear ditches. I anticipate the following man hour utilization; 200 Hours Survey crew ($165.00) $33,000.00 80 Hours Survey Tech. ($120.00) $9,600.00 30 Hours P.S.M. ($180.00) $5,400.00 6 Hours Director ($220.00) $1,320.00 The Lump sum fee for Topographic Survey is $49,320.00 Deliverables will include four (4) original signed and sealed drawings of the Topographic Survey as well as a PDF file and AutoCAD digital file. Please feel free to contact me anytime if you have any questions. I anticipate this project to take eight to ten weeks to complete. Sincerely, CivilSury Design Group, Inc. Scott Worack Director of Surveying and Mapping E-mail: sworack@civilsurv.com 2525 Drane Field Road I Suite 7 1 Lakeland, Florida 3381 Accepted: Name: Date: www.Civi[Surv.com Small Business Enterprise 1 p. 863-6464771 1 f. 863-646-3378 1 toll free 866-397-4771 386 �§ 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: Indian River County Courthouse Roof Replacement (IRC -1764) Release of Retainage and Change Order No. 1 DATE: August 31, 2022 DESCRIPTION AND CONDITIONS On June 8, 2021, the Board of County Commissioners awarded Bid No. 2021036 to Atlantic Roofing II of Vero Beach, Inc. in the amount of $1,525,630.19 for the replacement of the Courthouse roof including metal roof replacement of the canopies. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $145,196.47 for a final cost of $1,380,433.72 and makes final contract time adjustments. Atlantic Roofing II of Vero Beach, Inc. has successfully completed the project and has been paid $1,311,411.98 with $69,021.74 held in retainage. Atlantic Roofing II of Vero Beach, Inc. has submitted Contractor's Application for Payment No. 11 for release of retainage in the amount of $69,021.74. FUNDING Funding is available in Account No. 315-206000-16029/Optional Sales Tax/Courthouse Roof/Retainage-Atlantic Roofing II. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 11 in the amount of $69,021.74 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 11 Change Order No. 1 APPROVED AGENDA ITEM FOR September 13, 2022 387 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9406F80E\a BCL@9406F80E.doc SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: Auqust 30, 2022 EFFECTIVE DATE: September 13, 2022 OWNER: Indian River County CONTRACTOR Atlantic Roofing II of Vero Beach Project: INDIAN RIVER COUNTY COURTHOUSE ROOF REPLACEMENT OWNER's Project No. IRC -1764 OWNER'S Bid No. 2021036 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. Description of itemized adjustments to contract time: • Material supply delays (Isoboard system) 90 days • Material supply delays at end of project (Alsan roofing coating) 28 days • Holidays and Holiday weekends — 26 days • Inclement weather days — 8 days • Pandemic related illness protocols — 10 days Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,525,630.19 Net decrease of this Change Order: $,(145,196.47) Contract Price with all approved Change Orders: $1,380,433.72 Net increase this Change Order: ACCEPTED: By: Atlantic Roofing II of Vero Beach. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 150 Final Completion: 180 Net increase this Change Order: (days) Substantial Completion: 162 Final Completion: 162 Contract Time with all approved Change Orders: (days) Substantial Completion: 312 Final Completion: 342 RECOMMENDED: By: Michael Heller PROJECT MANAGER (Signature) Date: APPROVED: By: Richard B. Szpyrka Public Works Director OWNER (Signature) Date: IRC -1764 BCC COl 20220913 00942- 1 — — — 388 FAPublic Works\ENGINEERING DIVISION PROJECTS\1764 IRC Courthouse Roof Rep1acement\1-Admin\Agenda Items\Project Closeout\IRC- 1764_BCC_CO1_20220913.doc Rev. 05/01 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE ROOF REPLACEMENT PROJECT NO.: IRC -1764 BID NO. 2021036 Item No. iDescription Unit Quanti Unit Price I Price Increase Price Decrease WCD 1 (SW, NE & SE CORNER OF COVERED WALKWAY CEILING): FURNISH AND INSTALL 20 GA. LATERAL BRACING AT EVERY THIRD SPAN OVER THE TOP OF THE CEILING FRAMING AND FURNISH AND INSTALL 16 GA. METAL CLIPS SECURED TO EXISTING CONCRETE BEAM WITH CONCRETE FASTENERS (TAPCON) TO ADD ADDITIONAL SUPPORT TO THE FULL SPAN BACK-TO- BACK METAL STUD AND TRACK BEAM. LS 1 3,517.74 3,517.74 WCD 2 ALUMINUM STANDS FOR ELECTRIC AT FOUR CURBS. LS 1 5,101.02 5,101.02 WCD 3 ONE B&G DIAPHRAGM EXPANSION TANK (110.0-34.0) VERTICAL CHILLED WATER SYSTEM EXPANSION TANK (TACO) LS 1 34,940.91 34,940.91 WCD 4 ALUMINUM SHEET METAL AT SKYLIGHT. (2) PVC DOWNSPOUTS. LS 1 5,671.31 5,671.31 008-4 4 ROOF HATCH EA 1 0.9195 4,815.00 4,427.45 10 FORCE ACCOUNT LS 1 190,000.00 190,000.00 SUBTOTALS 49,230.98 194,427.45 INDIAN RIVER COUNTY COURTHOUSE ROOF REPLACEMENT TOTAL $ (145,196.47) kr-il 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\17641RC Courthouse Roof Replacement\7-Admin\Agenda Items\Project Closeout\IRC-1764_DESCCHG_ 20220831 g9Aa1�a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Asst. Public Works Director FROM: Mark Winslow, P.E., Project Engineer SUBJECT: Work Order No. 54 - Kimley-Horn and Associates, Inc. 901h Avenue & Oslo Road Corridor Improvements (IRC -2215) DATE: September 1, 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. The purpose of Work Order No. 54 is to provide survey, and geotechnical investigation, roadway design, and permitting services forthe proposed roadway improvements to be made to the 90th Avenue and Oslo Road Corridor. As part of the Oslo Road/1-95 interchange project the Florida Department of Transportation (FDOT) will be constructing 13th Street SW between 86th and 90th Avenue SW. Construction of 13th Street SW will be a paved roadway with 12 -foot lanes and 5 -foot paved shoulders. The design structure for the roadway will be for heavy truck traffic due to the sand mine and agricultural use in the area. As part of the infrastructure improvements in this area, Public Works is proposing to improve 90th Avenue from an unpaved roadway to a 2 -lane rural paved roadway with 12 -foot lanes and 5 -foot paved shoulders between 13th Street SW and Oslo Road, approximately 3,000 linear feet. In addition to improving 90th Avenue, Public Works is also proposing improvements to Oslo Road from an unpaved roadwayto a 2 -lane rural paved roadwaywith 12 -foot lanes and 5 -foot paved shoulders between 90th Avenue and the western terminus of the FDOT Oslo Road/1-95 interchange improvements, approximately 1,600 linear feet. Kimley -Horn and Associate's Work Order No. 54 for design is for a total lump sum amount of $309,300. FUNDING Funding in the amount of $309,300 for Work Order No. 54 is available in Account No. 10215341-066510- 22039/Traffic Impact Fees — District 3/90th Ave & Oslo Rd Corridor. RECOMMENDATION Staff recommends approval of Work Order No. 54 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. 54 on their behalf for a lump sum amount of $309,300. ATTACHMENTS Kimley-Horn Work Order 54 AGENDA ITEM FOR SEPTEMBER 13, 2022 390 C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\eas/PDF 8\@BCL@9406E294\@BCL@9406E294.doc Work Order No. 54 901h Avenue & Oslo Road Corridor Improvements WORK ORDER NUMBER 54 90TH AVENUE & OSLO ROAD CORRIDOR IMPROVEMENTS This Work Order Number 54 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 17' 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 improve 90th Avenue to a 2 -lane rural roadway with paved shoulders between 13th Street SW and Oslo Road, approximately 3,000 linear feet. 13th Street SW is proposed to be improved between 90th Avenue and 86th Avenue SW by the Florida Department of Transportation (FDOT) in conjunction with the Oslo Road/1-95 interchange improvements. In addition to improving 90th Avenue, Oslo Road will be improved to a 2 -lane rural roadway with paved shoulders between 90th Avenue and the western terminus of the FDOT Oslo Road improvements, approximately 1,600 linear feet. All improvements are contemplated to designed within existing County right-of-way. Both corridors are proposed to have linear stormwater management facilities located within the existing County right-of-way. No pedestrian improvements are anticipated to be contemplated within either corridor. 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 Page 1 of 8 391 Work Order No. 54 901h Avenue & Oslo Road Corridor Improvements 5J-17, Florida Administrative Codes, pursuant to current Section 472.027, Florida Statutes, per 5J-17.050 through 5J-17.052. The survey will include: The survey will include: 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 six 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: 90th Avenue - between 13th Street SW and Oslo Road, approximately 3,000 linear feet. Topographic survey shall extend no less than 20 feet beyond the right-of-way. Oslo Road - between 901h Avenue and western terminus of the FDOT Oslo Road improvements, approximately 1,600 linear feet. Topographic survey shall extend no less than 20 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) piezometers and monitoring for 90 -days following installation • Six (6) soil permeability tests • Ten (10) 6 -feet deep hand augers • Five (5) 10 -feet deep hand augers 2. Engineering Analysis and Report Page 2 of 8 392 Work Order No. 54 901h Avenue & Oslo Road Corridor Improvements 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: PHASE SUBMITTALS 60% 90% 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 (Benchmarks, Reference Points, Section C C F Corners) Details P C F Plan Sheets (40 scale) C C F Cross Sections at approximately 100 ft intervals, extending 10'beyond proposed right-of-way (1"=5' Vertically, C C F 1"=20'Horizontally) Signage & Pavement Marking Plans C (40 scale) Included in Plan Sheets P F Construction Cost Estimate and Quantities C 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. 6. Match lines shall not be located within the limits of an intersection. 7. All quantities shall reference FDOT Pay Item Numbers. Page 3 of 8 393 Work Order No. 54 90 Avenue & Oslo Road Corridor Improvements 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% completion) and Final Plan (100% completion) Submittal shall include the following: i. 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. Drainage Design: The Consultant will perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with Indian River County, South Florida Water Management District (SFWMD) and Indian River Farms Water Control District (IRFWCD) design criteria. The Consultant will assist the County with the submittal of the permit applications, coordination and supporting documentation for the project to the following agencies: • Indian River County Public Works • St. Johns River Water Management District • Indian River Farms Water Control District A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. F. Jurisdictional Permitting: The Consultant shall prepare jurisdictional permit applications necessary to support the Page 4 of 8 394 Work Order No. 54 90th Avenue & Oslo Road Corridor Improvements 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 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 5 of 8 395 Work Order No. 54 9011 Avenue & Oslo Road Corridor Improvements 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 $ 28,500 Geotechnical Investigation $ 10,500 Construction Documents $ 182,255 Signing and Pavement Marking Plans $ 17,125 Drainage Design $ 28,400 Jurisdictional Permitting $ 42,520 Project Total = $ 309,300 Page 6 of 8 396 Work Order No. 54 90`h Avenue & Oslo Road Corridor Improvements EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). '►ilii 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 7 of 8 397 Work Order No. 54 90" Avenue & Oslo Road Corridor Improvements 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: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: Title: Senior Vice President By: 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 8 of 8 398 9.A,Cra 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: Shoreline Performance Modeling, APTIM Work Order No. 2018008-04 DATE: September 1, 2022 DESCRIPTION AND CONDITIONS Indian River County staff have been participating on the Sebastian Inlet Technical Advisory Committee (TAC) since it was convened by the Florida Department of Environmental Protection (FDEP) in January 2022. This TAC was established to allow for key stakeholder groups and professionals to utilize the most recent scientific information available in order to provide technical expertise and feedback to the FDEP for decision making with regards to updates to Sebastian Inlet District's Inlet Management Implementation Plan (IMP). Approved in 2000, the current Sebastian Inlet IMP defined strategies to best manage sand bypassing activities for the placement of beach quality sand on the adjacent eroding beaches of inlet. The intent of the IMP strategies was to replicate the natural drift of sand that has been interrupted or altered by an inlet, so that all reasonable efforts to maximize inlet sand bypassing would be designed to balance the sediment budget of an inlet, consistent with Section 161.142 Florida Statutes. As approved on November 9, 2021 by the Board of County Commissioners (BCC), Indian River County has been utilizing the expertise of APTIM Environmental and Infrastructure LLC (APTIM) to assist the County on this TAC. Work performed to date by APTIM under Work Order #2018008-3, and subsequent Amendment #1, has provided specific information regarding the dynamic nature of Indian River County beaches over a defined period of time. This data, as well as additional information brought before the TAC by stakeholders, is intended to provide the basis for the FDEP's recommendations for an updated Sebastian Inlet District IMP. During the most recent TAC meeting on August 24, 2022, TAC Meeting # 3, questions were raised over an apparent deficit of sand in the Indian River County coastal system and the potential impacts that causes on the County beaches. In order to identify any impacts, advanced modeling of shoreline performance of the County's coastline is required. As this effort is beyond the current scope of Work Order #2018008-3 with APTIM, staff is seeking BCC approval of APTIM proposed Work Order #2018008-4 to provide the County and TAC with the results from such a modeling effort. Under an April 17, 2018 BCC approved the Continuing Contract Agreement for Continuing Engineering Services, renewed on May 18, 2021 for a two (2) year extension, APTIM has been providing the County with various coastal engineering support services, such as their efforts on this TAC. 399 Shoreline Change Modeling, APTIM Work Order No. 2018008-04 September 13, 2022 BCC Meeting In response to the County's request for additional modeling support associated with the Sebastian Inlet TAC, APTIM has prepared Work Order No. 2018008-4 to provide a modeling analysis of the shoreline performance over specified timeframes. Work Order No. 2018008-4 includes APTIM's modeling effort and associated meeting and coordination efforts. Total lump sum cost provided by APTIM for the shoreline performance modeling effort related to the Sebastian Inlet District TAC support is not to exceed $41,940.00. FUNDING Funding for coastal engineering support services is budgeted and available in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Account Name I Account No. Amount Beach Restoration Fund/Other Professional Services 1 12814472-033190 d $41,940.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve APTIM Work Order No. 2018008-4 in the amount of $41,940.00 for shoreline performance modeling efforts associated with the support of the County's participation in the Sebastian Inlet District Technical Advisory Committee. In addition, staff recommends that the BCC authorize the Chairman to execute Work Order No. %I I -111111-1m, ATTACHMENT 1. APTIM Work Order No. 2018008-4 2. Work Order No. 2018008-4 execution form APPROVED AGENDA ITEM FOR SEPTEMBER 13, 2022 400 )>Ik APTIM September 2, 2022 Eric Charest Coastal Division Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 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 Subject: Indian River County, FL Work Order 2018008-04 Sebastian Inlet Technical Advisory Committee Numerical Modeling Analysis Dear Eric: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide numerical modeling assistance to the County for the final Technical Advisory Committee (TAC) meeting for the Sebastian Inlet. Scope of Work In order to better understand shoreline performance for historic and proposed bypassing amounts at Sebastian Inlet, APTIM will perform numerical modeling to analyze coastal processes in the vicinity of the inlet and propose beach management strategies to the TAC. APTIM will develop a numerical model for Indian River County that can model the complex interactions between offshore bathymetry, waves, tides, winds, currents, sediment transport, erosion, and deposition. The modeling effort will make best use of existing bathymetry and topography, LiDAR data, water levels, waves, winds and sediment data to simulate the physical processes that influence Indian River County and its surrounding areas. Beach profile data from of the annual monitoring surveys of Indian River County will be used for the beach portions of the study area. APTIM will model four (4) fill scenarios to evaluate the potential effects of various bypassing scenarios along the adjacent beaches. The model scenarios will be evaluated for short term (one year) and long term (five years) simulation periods. Each modeled alternative will be compared to a baseline condition in order to draw conclusions on the expected result of implementing each scenario. The model results will be reviewed and presented to the TAC. Deliverable A memorandum overviewing the results of numerical modeling analysis will be provided to the County for presentation to the TAC. Schedule & Assumptions APTIM will proceed with the task described herein upon receipt of a signed Work Order from Indian River County. It is estimated that the modeling efforts will require 2 months from receipt of the signed work order. 401 , A P T I M September 22, 2021 Page 2 of 3 The total lump sum cost to perform the work described herein is $41,940.00. The scope and fee were developed following the provisions of the Continuing Services Contract Agreement for Continuing Engineering Services 2018008 (dated April 17, 2018 and amended May 18, 2021) between Indian River County and APTIM. Thank you for the opportunity to serve Indian River County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC 402 -$ APTIM APTIM EXHIBIT A Work Order 2018008-04 Numerical Modeling Analysis Indian River County, FL Summary of Cost by Task September 22, 2021 Page 3 of 3 REV 2 , Task Number Task Name Labor Sub- Mobilization/Trave I Totals contractors Task 1 Technical Advisory Meetings $ 41,940.00 $ $ 41,940.00 Totals = $ 41,940.00 $ _ $ $ 41,940.00 Submitted By: Nicole Sharp Submitted To: Indian River County, FL Subm ssion Date: 9/2/2022 At APTIM work Order 2018008-04 Numerical Modeling Analysis Indian River County, FL Summary of Labor Hours and Cost Labor Title Labor Bill Rate Technical Advisory Meetings Task 1 Labor Hours Cost Principal Engineer S 295.00 S - Pro ram Manager S 215.00 ! 4 $ 860.00 Sr Coastal En ineer.'Prd Mng S 195.00 " S - Coastal Engineer III S 165.00 $ - Coastal Engineer II S 130.00 158 S 20,540.00 Coastal Engineer I S 105.00 S - Coastal Modeler II S 130.00 158 $ 20,540.00 Senior CAD Operator S 185.00 S CAD Operator S 110.00 $ GIS Operator S 120.00 S Clerical 5 90.00 $ - Technician S 70.00 S Mobilization/Travel Sub -Contractors - $ - TOTAL 320 $ 41.940,00 Submitted By: Nicole Sharp Submitted To: Indian River County. FL Submission Dale: 9/2/2022 403 WORK ORDER NUMBER 2018008-4 SHORELINE PERFORMANCE MODELING This Work Order Number 2018008-4 is entered into as of this day of , 2022 pursuant to the Continuing Contract Agreement for Continuing Engineering Services entered into as of April 17, 2018 ("Agreement"), and amended on May 18, 2021 for a 2 year extension on by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, LLC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY Title: Date: By: P.E. Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 404 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Ryan Lloyd, Emergency Management Coordinator Department of Emergency Services DATE: September 2, 2022 SUBJECT: Approval of FY 2022/2023 and FY 2023/2024 Radiological Emergency Preparedness Agreement (REP Grant) We respectfully request that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting: DESCRIPTION AND CONDITIONS: Since 1998, Florida Power and Light (FPL) representatives, and the Indian River County (IRC) Department of Emergency Services have negotiated a bi-annual Radiological Emergency Preparedness Agreement (REP Grant). The Agreement is based on responsibilities as defined by the United States Nuclear Regulatory Commission in Rule 10 CFR parts 50 and 70, NUREG0654 and FEMA- REP- 1, Revision 1 "Criteria for the Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants". During the negotiations, an agreement was reached wherein IRC will receive $105,553 for FY 2022/2023 and $105,553 for FY 2023/2024 from FPL. The funds shall enable IRC to carry out its responsibilities as provided in the aforementioned authorities. ALTERNATIVES AND ANALYSIS: This Agreement provides funding for IRC to participate in the following Emergency Planning and Preparedness activities: 1. Conduct maintenance and major revisions to the IRC Radiological Preparedness Plans and implementing procedures for IRC as required by the Federal Emergency Preparedness Requirements. 2. Participate in state and federal REP exercises. 3. Provide funding for a full-time REP Analyst position to maintain evacuation plans, improve reception -decontamination center procedures, and to update shelter surveys, which are required for host counties. 4. Provide funding for administrative services related to REP planning and training. 405 5. Maintain professional liaison relationships with adjacent risk and host counties for interfacing emergency plans and activities. Since 1991, FPL has agreed to fund the salary, benefits, and associated expenses for a REP Analyst to complete the requirements of the referenced authorities. FUNDING: The IRC REP Analyst position is 100% funded by FPL with no match required by Indian River County. The salary and benefits package mirrors the County's Human Resource's system. The grant is already budgeted in the General Fund/FPL Grant, revenue account number 001038- 366041, and available in all accounts in the General Fund/FPL Grant expense accounts, 00123725. REP Grant- Account 00123725 FY 2022-2023 $105,553 FY 2023-2024 $105,553 Total $211 106 RECOMMENDATION: Staff recommends that the Board approve the FY 2022/2023 and FY 2023/2024 Radiological Emergency Preparedness Agreement as noted above and authorize the Chairman to execute the necessary documents. ATTACHMENTS: 1- Two (2) original copies of the agreement between FPL and IRC. 2- IRC Grant Form. 406 AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND THE COUNTY OF INDIAN RIVER This Agreement is between Florida Power & Light Company (hereinafter "Company"), and the County of Indian River (hereinafter "County"). I. PURPOSE A. Certain responsibilities have been defined by the U.S. Nuclear Regulatory Commission (hereinafter "NRC") in certain provisions of 10 CFR Parts 50 and 70 and in the NRC guidance document NUREG 0654, FEMA -REP -1, Revision 1, "Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants." There exists a possibility of duplication of effort in meeting those responsibilities by the Company and County. The resulting increased financial burden on taxpayers and consumers can be avoided by the development of a cooperative relationship between state and local public agencies and the nuclear power utility. The County is authorized, in Sections 252.35 and 252.60 of Florida Statutes, to participate in such cooperative relationships and is further authorized, in Section 252.37 of Florida Statutes, to accept services, equipment, supplies, materials, or funds for emergency management. The purpose of this Agreement is to define certain aspects of the relationship between the County and the Company. B. The NRC regulations and guidance cited above are incorporated as requirements in this Agreement by reference. All activities that are the subject of the Agreement shall comply with those requirements (hereinafter "Federal Emergency Preparedness Requirements"). II. BUDGET The parties have agreed to the Work Scope and Funding attached hereto and incorporated herein as Exhibit A. Said budget provides that the County will require the sum of dollars specified in Exhibit A to carry out its responsibilities hereunder. 407 III. PAYMENT Upon execution of this Agreement and receipt of associated invoicing, the Company shall make equal semi-annual advances to the County as described in Exhibit A. Expenditures by the County shall be based upon the approved budget attached hereto and incorporated herein. IV. TITLE TO EQUIPMENT Any equipment purchased by the County under this Agreement shall be the property of the County. This equipment is to be used for the activities described herein for the term of this Agreement and subsequent agreements between the parties. Upon termination of the agreements and cessation of the County's activities, the equipment will remain the property of the County. V. INTEREST The unexpended portion of advance payments to the County shall be invested in an interest bearing account in accordance with applicable county regulations, if any. At the end of the term agreement period, the County shall either refund all unexpended funds to Company or reflect all remaining interest earned as funds carried forward and apply such funds to any additional term of this agreement, as appropriate. VI. AUDIT A. The County shall (at any time during normal business hours and with five business days advance notification) make available for examination, to the Company and any of its duly authorized representatives, all of the records and data with respect to all matters covered by this Agreement. The County shall permit the Company and its designated authorized representatives to audit and inspect all costs and supporting documentation for all matters covered by this Agreement. The County shall provide an annual audited financial statement at the end of the Agreement period. B. The County shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditure report. Or, if an audit has been initiated during the term of this Agreement and audit findings have not been resolved, the records shall be retained until resolution of the audit findings. In addition, the County shall maintain time and attendance records for all salary costs charged to this Agreement. 2 :1: VII ASSIGNMENT The County may assign the right to accept services, equipment, supplies, materials, or funds to any appropriate local governing body or agency. VIII TERMS OF AGREEMENT A. The term of this Agreement is October 1, 2022 to September 30, 2024, unless sooner terminated in accordance with Paragraph B of this Article. B. Either party may terminate this Agreement in whole or in part without cause, by providing sixty (60) days notice in writing to the other party. Upon termination of this Agreement, all unexpended funds shall be returned to the Company and an audit may be performed in accordance with Article VI of this Agreement. C. The County agrees to be bound by the provisions included in the Standard Conditions attached to and incorporated by reference in this Agreement. IX. MODIFICATIONS Any modifications to this Agreement shall be in writing and signed by both parties. In the event the statutes, rules, regulations, or plans applicable to this Agreement are revised, voided, or rescinded, the parties agree to consider reasonable modifications to this Agreement. By their signatures below, the following officials have agreed to these terms and conditions. FOR THE COUNTY FOR THE COMPANY By: By: Dan DeBoer (Type Name) (Type Name) Vice President, St Lucie Site (Title) (Title) (Date) (Date) 409 STANDARD CONDITIONS Extension of this Agreement shall be in writing for a period not to exceed six months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Company. 2. All bills for fees or other compensation for services or expenses shall be retained and have sufficient detail for a proper audit. 3. Pursuant to Section 216.347, Florida Statues, the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a State agency. 4 410 Exhibit A Work Scope and Funding I. Work Scope: The County shall be responsible for participation in the following radiological emergency planning and preparedness activities: A. The County's responsibilities shall include coordination with the Company in the development, maintenance and implementation of an emergency preparedness program in support of the Company's nuclear power program. The County shall perform those actions associated with maintaining emergency preparedness as described in the Federal Emergency Preparedness Requirements and implemented in Annex A of the State Comprehensive Emergency Management Plan and other implementing procedures. The County agrees to implement these requirements professionally and successfully in maintaining the County in a state of readiness. B. The County shall maintain current radiological emergency plans and implementing procedures for the County as required by Federal Emergency Preparedness Requirements. C. County personnel assigned emergency response duties shall successfully complete radiological emergency training as required by Federal Emergency Preparedness Requirements and Chapter 15 of Annex A of the State Comprehensive Emergency Management Plan. Documentation of training shall be maintained and made available for inspection upon the request of the Company. D. The County shall participate in Radiological Preparedness and Response exercises and the evaluation thereof. E. The Company shall furnish to the County copies of Federal Emergency Preparedness Requirements and any revisions thereto within 90 days following enactment. F. The County shall invoice the Company per the funding section of this Agreement. The County shall include a financial report that provides the status of the expenditures covered by the Agreement current at time of billing. 411 IL Funding Funding will be provided to the County by the Company to enable the County to carry out its responsibilities above, comply with Federal Emergency Preparedness Requirements, and carry out the provisions of the emergency plan mandated thereby. The parties have agreed to the funding amounts as detailed below. The funding provides that the County will require the sum of $105,553 for fiscal year 2022/2023 and $105,553 for fiscal year 2023/2024 to carry out their responsibilities hereunder. The Company shall pay the County, upon invoice, an annual amount not to exceed the amount specified below for the reimbursement of costs incurred in the performance of duties associated with maintaining radiological emergency preparedness for the County. Such costs shall only include reasonable and necessary costs associated with maintenance of radiological emergency preparedness for the County. Fiscal Year October 2022 through September 2023 $ 105,553 Fiscal Year October 2023 through September 2024 $ 105,553 NOT TO EXCEED AMOUNT $ 211,106 Upon receipt of a County invoice in October and April of each year, the Company shall advance 50% of that fiscal year's budget amount to the County. For each year covered under this agreement, the Company shall provide funding to the County semi-annually in the same manner. The County agrees that funds needed for the correction of any "deficiency," as defined by the Federal Emergency Preparedness Requirements, in the County's plans or program will be offset with existing funds from the current approved budget. Funds necessary to implement changes required by the Federal Emergency Preparedness Requirements, Annex A of the State Comprehensive Emergency Management Plan, or local operating procedures will be offset with existing funds to the extent practical. The Company and County shall review and agree on any supplemental funds that may be necessary to meet the change. C. 412 In the event the Company and County are unable to resolve differences regarding funding for preparation, testing and implementation of radiological emergency response activities, the parties shall first meet to resolve the dispute. If informal meetings are unsuccessful in resolving the issues, any dispute or controversy between the parties arising out of or in connection with this agreement must be submitted, by either party, to final and binding arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall be responsible for its attorneys' fees and costs incurred in the arbitration. The arbitrator's fees shall be paid in equal parts by the parties unless the award shall specify a different division of the fees. Venue for arbitration proceedings brought hereunder shall lie in Indian River County, Florida. The Company shall be responsible for providing all funding under this Agreement to the County. At the end of the term of this Agreement, the County shall either refund all unexpended funds to Company or reflect all remaining interest earned as funds carried forward and apply such funds to any additional term of this Agreement, as appropriate. The County and the Company may also discuss alternatives for disposition of excess funds, provided, however, that such alternatives shall be effective only upon execution of an agreement in writing by the County and the Company. 413 EXHIBIT A RADIOLOGICAL EMERGENCY PREPAREDNESS BUDGET AND SCOPE OF WORK Fiscal Year 2022-2023 & 2023-2024 ALLOCATION AMOUNT SCOPE OF WORK Plan maintenance $74,295 Funds provide for 100% of annual salary and benefits for the Radiological Coordinator, 25% of annual salary and benefits for the Emergency Services Planner and administrative overhead costs associated with the program. Operating & Capital $31,258 Funds provide for travel, training, equipment, Expenses calibration, printing, mailing, supplies, overtime and backfill associated with the radiological emergency preparedness program. This includes costs incurred in REP exercises and drills, which improve coordination, knowledge and skills of county personnel. Total Annual Budget $105,553 Total Contract Amount $211,106 414 GRANT NAME: FPL Grant GRANT#: N/A AMOUNT OF GRANT: $_ _211,106 Total ($105,553 for FY 22-23 & $105,553 for FY 23-24) DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Ryan Lloyd PHONE NUMBER: 772-226-3944 1. How long is the grant for? 2 years Starting Date: October 1, 2022 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% N/A 5. Grant match amount required $ N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A (Attach a detail listing of costs) $ N/A 8. Are you adding any additionalpositions utilizing the grant funds? If Yes X No yes, please list. (If additional space is needed, please attach a schedule.) Social Security Acct. Descri tion Position Position Position Position Position 011.12 Re lar Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wa es P N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matchin N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Overatina Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Ryan Lloyd Date: 9-2-2022 41.5 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A $ N/A N/A Third Year N/A N/A $ N/A N/A Fourth Year N/A N/A S N/A N/A Fifth Year N/A N/A N/A N/A Signature of Preparer: Ryan Lloyd Date: 9-2-2022 41.5 8. A'. CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Ryan Lloyd, Emergency Management Coordinator Department of Emergency Services DATE: September 6, 2022 SUBJECT: Carryover of Unexpended Funds - FPL Agreement (REP Grant) We respectfully request that the information contained herein be given formal consideration by the Board of County Commissioners at its regular meeting: DESCRIPTION AND CONDITIONS: The Indian River County Board of County Commissioners executed a bi-annual agreement with Florida Power & Light on January 5, 2021 for the FPL Agreement (REP Grant). The Agreement is based on responsibilities as defined by the United States Nuclear Regulatory Commission in Rule 10 CFR parts 50 and 70, NUREG0654 and FEMA- REP- 1, Revision 1 "Criteria for the Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants". IRC Department of Emergency Services submitted a written request to FPL, to extend the terms of the agreement and allow for the unexpended funds, in the amount of $50,000, to be carried over for an additional six (6) months from September 30, 2022 through March 30, 2023. On September 3, 2022, Peter Polfleit, FPL Emergency Preparedness Project Manager, returned a signed approval letter, which authorizes the unexpended funds to remain available to Indian River County from September 30, 2022 through March 30, 2023. 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 the carryover of unexpended FPL funds for the period of September 30, 2022 through March 30, 2023. ATTACHMENTS: 1. Supporting Email Correspondence 2. Current FPL Agreement (REP Grant) 416 Ryan Lloyd From: Ryan Lloyd Sent: Wednesday, August 31, 2022 5:08 PM To: 'Polfleit, Peter' Subject: IRC Letter Request for Unexpended Funds Agreement Attachments: doc02459920220831155818.pdf Peter, Attached is a Letter for your review. If possible, IRC is requesting a six-month extension of the unexpended funds in our current Agreement with FPL. The current Agreement expires on September 30, 2022. Ryan Ryan W. Lloyd Emergency Management Coordinator Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 Ofc: 772-226-3944 Cell: 772-469-6668 Main Number: 772-226-3900 Fax: 772-567-9323 CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. A letter to me would be sufficient - PSP From: Ryan Lloyd <rlloyd@ircgov.com> Sent: Thursday, August 18, 2022 12:36 PM To: Polfleit, Peter <Peter.Polfleit@fpl.com> Cc: Mason Kozac <mkozac@ircgov.com> Subject: Unexpended Funds It appears that IRC will have approximately $50,000 of unexpended funds in the existing Agreement with FPL (expires September 30, 2022). IRC intends to submit a letter to discuss purchasing equipment (also EOC enhancements), which will directly benefit our REP program, and the community's preparedness for a radiological emergency (see the last paragraph on page 7). 417 Would a letter be sufficient or is there another format that has been used in the past, which could be provided as an example? Ryan Ryan W. Lloyd Emergency Management Coordinator Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 Ofc: 772-226-3944 Cell: 772-469-6668 Main Number: 772-226-3900 Fax: 772-567-9323 418 Indian River County Department of Emergency Services 4225 43`d Avenue, Vero Beach, Florida 32967 August 31, 2022 To: Florida Power and Light 6501 South Ocean Boulevard Jensen Beach, FL 34957 Attn: Peter Polfleit From: Indian River County Department of Emergency Services 4225 43`d Avenue Vero Beach. Florida 32967 Attn: Ryan Lloyd Every two years, Indian River County (IRC) and FPL enters a financial Agreement, which funds IRC's Radiological Emergency Preparedness (REP) Program. The current Agreement expires on September 30, 2022, and states in part: "At the end of the term of this Agreement, the County shall either refund all unexpended funds to Company or reflect all remaining interest earned as funds carried forward and apply such funds to any additional term of this Agreement as appropriate. The County and Company may also discuss alternatives for disposition of excess funds, provided, however, that such alternatives shall be effective only upon execution of an agreement in writing by the County and the Company." The IRC Department of Emergency Services (IRCDES) has determined that there will be approximately $50,000 of unexpended funds when the current Agreement expires. IRCDES has also determined that if the unexpended funds are carried over to the next Agreement period, then the following purchases/acquisitions would greatly benefit our Radiological Emergency Preparedness (REP) efforts. The following item(s) costs are approximated: 1. One new enclosed trailer for REP equipment transport: $10,000 2. Three P-25 radios for communication during a radiological event: $8,000 3. Enhanced EOC lighting (EOC activations for radiological events/exercises) $10,000 4. EOC digital time zone clock (provides multiple time zones (including Zulu) $3,000 419 Indian River County Department of Emergency Services 4225 43`d Avenue, Vero Beach, Florida 32967 5. EOC Lobby Security Upgrade (used during REP events/exercises) $2,000 6. REP Personal Protective Equipment for EM Team $2,500 7. Electronic Flare Kits (utilized for traffic control at the decon reception center) $5,000 8. Mobile Traffic Control Signs (utilized for REP events/exercises) $1,000 9. Traffic Cones (utilized for REP events/exercises) $1,500 10. Mapping/Org Software (utilized for REP preparedness/events/exercises) $1,000 IRCDES would like to execute a written agreement with FPL, which would allow the unexpended funds to carry over into the new contract for a period of six months (from September 30, 2022 until March 30, 2023). FPL's consideration of this matter is appreciated. Please contact any of the following persons if there are questions or concerns: Dave Johnson: (IRCDES) Director diohnson@ircgov.com 772-226-3947 Ryan Lloyd: Emergency Management Coordinator rlloyd@ircgov.com 772-226-3944 Mason Kozac: REP Analyst mkozac@ircRov.com 772-226-3954 Ryan Lloyd Indian River County Emergency Management Coordinator Cc: File 420 Ryan '.loyd From: Polfleit, Peter <Peter.Polfleit@fpl.com> Sent: Saturday, September 3, 2022 9:26 AM To: Ryan Lloyd Subject: Unexpended funds Attachments: IRC Letter 2022-09-03.pdf CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Ryan, Attached is a letter agreeing to carrying over the unexpended funds. Please let me know if you need anything else. Respectfully, Peter Polfleit 421 FPL September 3, 2022 Mr. Ryan Lloyd, Emergency Management Coordinator Indian River County 4225 43`d Avenue Vero Beach, FL 32967 Dear Mr. Lloyd: I am in receipt of your August 31s` letter requesting the carryover of unexpended funds when the current agreement with FPL expires. I appreciate the detailed listing of the current needs of the program describing where the unexpended funds would be spent. Florida Power & Light agree with the carryover of funds for a period of six months from September 30, 2022 until March 30, 2023. I appreciate your continued support of the Indian River County Radiological Emergency Preparedness Program and the St Lucie Nuclear Power Plant. Please feel free to contact me at (772) 467-4478 if you have any questions. Sincerely, Peter Polfleit Emergency Preparedness Project Manager St Lucie Nuclear Site 422 Ryan Lloyd From: Dylan Reingold Sent: Tuesday, September 6, 2022 10:36 AM To: Ryan Lloyd Cc: David Johnson; Erin Sawyer Subject: RE: Unexpended funds - FPL This is sufficient. Thank you! From: Ryan Lloyd Sent: Tuesday, September 6, 2022 10:05 AM To: Dylan Reingold <dreingold@ircgov.com> Cc: David Johnson <djohnson@ircgov.com>; Erin Sawyer <esawyer@ircgov.com> Subject: FW: Unexpended funds - FPL Dylan, We received the attached/signed agreement letter from FPL this past weekend regarding unexpended funds. I have also attached the signed request letter, which was originally sent to FPL. Are these two letters combined, sufficient for an agenda item to be drafted and submitted to the Board of County Commissioners? Ryan Ryan W. Lloyd Emergency Management Coordinator Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 Ofc: 772-226-3944 Cell: 772-469-6668 Main Number: 772-226-3900 Fax: 772-567-9323 From: Polfleit, Peter <Peter.Polfleit@fpl.com> Sent: Saturday, September 3, 2022 9:26 AM To: Ryan Lloyd <rllovd@ircgov.com> Subject: Unexpended funds CAUTION This message is from an external source. Please use caution when opening attachments or clicking links. Ryan, 423 Attached is a letter agreeing to carrying over the unexpended funds. Please let me know if you need anything else. Respectfully, Peter Polfleit 424 AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND THE COUNTY OF INDIAN RIVER This Agreement is between Florida Power & Light Company (hereinafter "Company"), and the County of Indian River (hereinafter "County"). I. PURPOSE A. Certain responsibilities have been defined by the U.S. Nuclear Regulatory Commission (hereinafter "NRC") in certain provisions of 10 CFR Parts 50 and 70 and in the NRC guidance document NUREG 0654, FEMA -REP -1, Revision 1, "Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of.Nuclear Power Plants." There exists a possibility of duplication of effort in meeting those responsibilities by the Company and County. The resulting increased financial burden on taxpayers and consumers can be avoided by the development of a cooperative relationship between state and local public agencies and the nuclear power utility. The County is authorized, in Sections 252.35 and 252.60 of Florida Statutes, to participate in such cooperative relationships and is further authorized, in Section 252.37 of Florida Statutes, to accept services, equipment, supplies, materials, or funds for emergency management. The purpose of this Agreement is to define certain aspects of the relationship between the County and the Company. B. The NRC regulations and guidance cited above are incorporated as requirements in this Agreement by reference. All activities that are the subject of the Agreement shall comply with those requirements (hereinafter "Federal Emergency Preparedness Requirements"). II. BUDGET The parties have agreed to the Work Scope and Funding attached hereto and incorporated herein as Exhibit A. Said budget provides that the County will require the sum of dollars specified in Exhibit A to carry out its responsibilities hereunder. 425 III. PAYMENT Upon execution of this Agreement and receipt of associated invoicing, the Company shall make equal semi-annual advances to the County as described in Exhibit A. Expenditures by the County shall be based upon the approved budget attached hereto and incorporated herein. IV. TITLE TO EQUIPMENT Any equipment purchased by the County under this Agreement shall be the property of the County. This equipment is to be used for the activities described herein for the term of this Agreement and subsequent agreements between the parties. Upon termination of the agreements and cessation of the County's activities, the equipment will remain the property of the County. V. INTEREST The unexpended portion of advance payments to the County shall be invested in an interest bearing account in accordance with applicable county regulations, if any. At the end of the term agreement period, the County shall either refund all unexpended funds to Company or reflect all remaining interest earned as funds carried forward and apply such funds to any additional term of this agreement, as appropriate. VI. AUDIT A. The County shall (at any time during normal business hours and with five business days advance notification) make available for examination, to the Company and any of its duly authorized representatives, all of the records and data with respect to all matters covered by this Agreement. The County shall permit the Company and its designated authorized representatives to audit and inspect all costs and supporting documentation for all matters covered by this Agreement. The County shall provide an annual audited financial statement at the end of the Agreement period. B. The County shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditure report. Or, if an audit has been initiated during the term of this Agreement and audit findings have not been resolved, the records shall be retained until resolution of the audit findings. In addition, the County shall maintain time and attendance records for all salary costs charged to this Agreement. 2 426 VII ASSIGNMENT The County may assign the right to accept services, equipment, supplies, materials, or funds to any appropriate local governing body or agency. VIII TERMS OF AGREEMENT A. The term of this Agreement is October 1, 2020 to September 30, 2022, unless sooner terminated in accordance with Paragraph B of this Article. B. Either party may terminate this Agreement in whole or in part without cause, by providing sixty (60) days notice in writing to the other party. Upon termination of this Agreement, all unexpended funds shall be returned to the Company and an audit may be performed in accordance with Article VI of this Agreement. C. The County agrees to be bound by the provisions included in the Standard Conditions attached to and incorporated by reference in this Agreement. IX. MODIFICATIONS Any modifications to this Agreement shall be in writing and signed by both parties. In the event the statutes, rules, regulations, or plans applicable to this Agreement are revised, voided, or rescinded, the parties agree to consider reasonable modifications to this Agreement. By their signatures below, the following officials have agreed to these terms and conditions. FOR THE COUNTY,;, FOR THE COMPANY By: By: Joseph E. Flescher Robert Coffey (Type Name) (Type Name) Chairman 0 (Title) January 5, 2021 (Date) APPROVED AS T4 F09 M A GAL '1t= Cy e y41L L IA t K OEBRAAL "� ;; Y �-OUNTY ATTORNEY Vice President, Nuclear (Title) (Date) Attest: Jeffrey R. Smith, Clerk of ,Court and C mptroller By:�/�' Wjky Clerk STANDARD CONDITIONS 1. Extension of this Agreement shall be in writing for a period not to exceed six months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Company. 2. All bills for fees or other compensation for services or expenses shall be retained and have sufficient detail for a proper audit. 3. Pursuant to Section 216.347, Florida Statues, the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a State agency. 4 EM Exhibit A Work Scope and Funding 1. Work Scope: The County shall be responsible for participation in the following radiological emergency planning and preparedness activities: A. The County's responsibilities shall include coordination with the Company in the development, maintenance and implementation of an emergency preparedness program in support of the Company's nuclear power program. The County shall perform those actions associated with maintaining emergency preparedness as described in the Federal Emergency Preparedness Requirements and implemented in Annex A of the State Comprehensive Emergency Management Plan and other implementing procedures. The County agrees to implement these requirements professionally and successfully in maintaining the County in a state of readiness. B. The County shall maintain current radiological emergency plans and implementing procedures for the County as required by Federal Emergency Preparedness Requirements. C. County personnel assigned emergency response duties shall successfully complete radiological emergency training as required by Federal Emergency Preparedness Requirements and Chapter 15 of Annex A of the State Comprehensive Emergency Management Plan. Documentation of training shall be maintained and made available for inspection upon the request of the Company. D. The County shall participate in Radiological Preparedness and Response exercises and the evaluation thereof. E. The Company shall furnish to the County copies of Federal Emergency Preparedness Requirements and any revisions thereto within 90 days following enactment. F. The County shall invoice the Company per the funding section of this Agreement. The County shall include a financial report that provides the status of the expenditures covered by the Agreement current at time of billing. 429 II. Funding Funding will be provided to the County by the Company to enable the County to carry out its responsibilities above, comply with Federal Emergency Preparedness Requirements, and carry out the provisions of the emergency plan mandated thereby. The parties have agreed to the funding amounts as detailed below. The funding provides that the County will require the sum of $105,553 for fiscal year 2018/2019 and $105,553 for fiscal year 2019/2020 to carry out their responsibilities hereunder. The Company shall pay the County, upon invoice, an annual amount not to exceed the amount specified below for the reimbursement of costs incurred in the performance of duties associated with maintaining radiological emergency preparedness for the County. Such costs shall only include reasonable and necessary costs associated with maintenance of radiological emergency preparedness for the County. Fiscal Year October 2020 through September 2021 $ 105,553 Fiscal Year October 2021 through September 2022 $ 105,553 NOT TO EXCEED AMOUNT $ 211,106 Upon receipt of a County invoice in October and April of each year, the Company shall advance 50% of that fiscal year's budget amount to the County. For each year covered under this agreement, the Company shall provide funding to the County semi-annually in the same manner. The County agrees that funds needed for the correction of any "deficiency," as defined by the Federal Emergency Preparedness Requirements, in the County's plans or program will be offset with existing funds from the current approved budget. Funds necessary to implement changes required by the Federal Emergency Preparedness Requirements, Annex A of the State Comprehensive Emergency Management Plan, or local operating procedures will be offset with existing funds to the extent practical. The Company and County shall review and agree on any supplemental funds that may be necessary to meet the change. 430 In the event the Company and County are unable to resolve differences regarding funding for preparation, testing and implementation of radiological emergency response activities, the parties shall first meet to resolve the dispute. If informal meetings are unsuccessful in resolving the issues, any dispute or controversy between the parties arising out of or in connection with this agreement must be submitted, by either party, to final and binding arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall be responsible for its attorneys' fees and casts incurred in the arbitration. The arbitrator's fees shall be paid in equal parts by the parties unless the award shall specify a different division of the fees. Venue for arbitration proceedings brought hereunder shall lie in Indian River County, Florida. The Company shall be responsible for providing all funding under this Agreement to the County. At the end of the term of this Agreement, the County shall either refund all unexpended funds to Company or reflect all remaining interest earned as funds carried forward and apply such funds to any additional term of this Agreement, as appropriate. The County and the Company may also discuss alternatives for disposition of excess funds, provided, however, that such alternatives shall be effective only upon execution of an agreement in writing by the County and the Company. 431 EXHIBIT A RADIOLOGICAL EMERGENCY PREPAREDNESS BUDGET AND SCOPE OF WORK Fiscal Year 2020-2021 & 2021-2022 ALLOCATION AMOUNT SCOPE OF WORK Plan maintenance $74,295 Funds provide for 100°!% of annual salary and benefits for the Radiological Coordinator, 25% of annual salary and benefits for the Emergency Services Planner and administrative overhead costs associated with the program. Operating & Capital $31,258 Funds provide for travel, training, equipment, Expenses calibration, printing, mailing, supplies, overtime and backfill associated with the radiological emergency preparedness program. This includes costs incurred in REP exercises and drills, which improve coordination, knowledge and skills of county personnel. Total Annual Budget $105,553 Total Contract Amount $211,106 432 g _A,f_._ Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 31, 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: IRCDUS Standard Construction Details & Specifications Update Background: The latest revision of Indian River County Department of Utility Services (IRCDUS) Utility Standard Construction Details (USCD) was approved by the Board of County Commissioners (BCC) in March 2019. IRCDUS typically updates its USCD every two years. Thus, IRCDUS is passed its target date to do so. Analysis: IRCDUS desires to utilize Bowman Consulting Group, LTD. (Bowman) under its CCNA 2018 contract to review and update the USCD. IRCDUS has requested Bowman to review and revise the 76 AutoCAD (.dwg) files for the standard drawings to conform to a standard template. Drawing elements (i.e.: text, objects, dimensions, hatching, etc.) will be moved to appropriate layers. The appearance of the drawing elements will thus be uniform throughout the detail set. Bowman will meet with IRCDUS staff and jointly review mark-ups of the 2019 USCD. The drawings and specifications will be revised to correct errors, clarify construction requirements, and to better align with IRCDUS mission. Bowman will assist IRCDUS staff in responding to public comments and make final revisions, as directed. Funding: Funds in the amount of $52,745.00 for this project are budgeted in Fiscal Year 2022/2023 in the Utilities/General & Engineering/Other Professional Services account, number 47123536-033190, in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/General & Engineering/Other Professional Services 47123536-033190 $52,745.00 Recommendation: Staff recommends that the Board of County Commissioners authorize the work order to Bowman Consulting Group, LTD., to perform the revision of the Utility Standards for the amount of $52,745.00, and authorize the Chairman to sign on their behalf. Attachment: 1. Work Order No. 8 Bowman Consulting Group, LTD. Page 433 CCNA2018 WORK ORDER 8 IRCDUS Standard Construction Details & Specifications Update This Work Order Number 8 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, and extended on May 7, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting Group, Ltd. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Bowman Consulting Grou d. OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Erik Juliano, P.E. Title: Branch Manager BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 434 CCNA2018 WORK ORDER 8 Bowman Consulting Group, LTD. EXHIBIT A - SCOPE OF WORK Bowman Consulting Group Ltd. (Bowman) is pleased to submit this proposal for professional engineering services to Indian River County Department of Utility Services (IRCDUS) for the review and update of the Standard Construction Details and Specifications. PROJECT BACKGROUND & UNDERSTANDING IRCDUS typically updates its Standard Construction Details and Specification every two years. The latest revision was approved by the Board of County Commissioners (BCC) in March 2019. IRCDUS has requested Bowman review the detail drawings and specifications and make necessary revisions. The revised details and specifications will be presented by IRCDUS staff to the BCC. SCOPE OF SERVICES The following services are proposed: Task A — CADD Standards Bowman will revise the approximately 76 IRCDUS AutoCAD (.dwg) files for the standard drawings to conform to a standard template. Drawing elements (i.e.: text, objects, dimensions, hatching, etc.) will be moved to appropriate layers. The appearance of the drawing elements will thus be uniform throughout the detail set. The individual detail drawings will be combined into master drawings for the major component types (i.e.: water, sewer, etc.). Task B — Revision of Standard Drawings and Specifications Bowman will meet with IRCDUS staff and jointly review their mark-ups of the 2019 Standard Details & Specifications, which consist of 76 individual detail drawings and 18 sections of technical specifications. The drawings and specifications will be revised to correct errors, clarify construction requirements, and to better align with IRCDUS's mission. A first draft of the drawings and specifications will be presented to IRCDUS staff for their review and comment. Bowman will again meet in person to discuss staff comments and will make additional revisions. A summary of revisions will be kept, and an opinion of probable cost (OPC) will be provided for all revisions. It is anticipated that IRCDUS will give the local consulting community a chance to review and comment on the revised drawings and specifications. Bowman will assist IRCDUS staff in responding to the public's comments and make final revisions as directed. SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS IRCDUS will provide an electronic copy of the standard details (.dwg format) and specifications (.docx format), and of all relevant documents. SERVICES NOT INCLUDED This work order is limited to the above Scope of Services, but additional services may be provided at the request of IRCDUS and within the services provided by Bowman. Additional services shall require written mutual authorization prior to initiation. 435 CCNA2018 WORK ORDER 8 Bowman Consulting Group, LTD. EXHIBIT B — FEE SCHEDULE COMPENSATION All services described in the Scope of Work shall be billed Lump Sum according to the breakdown below. Invoices will be submitted monthly commensurate with progress for each task. IRCDUS Standard Construction Details & Specifications Update Task A — CADD Standards: $18,580.00 Task B— Revision of Standard Drawings & Specifications: $34,165.00 Total Work Order: $52,745.00 EXHIBIT C—TIME SCHEDULE The services described in this Work Order shall commence upon Notice to Proceed (NTP). Bowman anticipates completing Task A— CADD Standards within 90 days of NTP and completing Task B - Revision of Standard Drawings & Specifications 120 days thereafter. 436 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 31, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Richard Meckes, Operations Manager, Utility Services Subject: Change Order to Purchase Order 92166 for Environmental Equipment Services Background and Analysis: The grit removal system, or clarifier, at the Central Wastewater Treatment Facility (CWWTF) is currently being replaced. The replacement was approved by the Board of County Commissioners (BCC) on June 8, 2021, for a total amount of $424,900.00. Purchase Order (PO) 92166 to Environmental Equipment Services (EES), who is the sole source vendor for this equipment, was created in order to encumber the funds for the project. The project included the replacement of the grit drives, grit classifiers, and the grit removal system's electrical control panels. Grit removal systems are used at the head works or front end of the plant, to separate grit from organics and water. The grit removal process reduces wear and tear on the upstream pumps and equipment. The project is about 90% complete at this time. However, during the installation of the equipment, EES discovered that the existing pipework connecting to the new equipment is severely comprised, as is some of the existing electrical system wiring. These items were unforeseen prior to the installation of the new equipment. The replacement of the pipework and electrical wiring system needs to be addressed in order to complete the installation and start-up of the new grit removal system. The replacement cost of the pipework and electrical wiring is $14,850. We are seeking approval to direct the Purchasing Manager to issue a change order to PO 92166 with the addition of $14,850 to cover the piping and wiring. Funding: The grit removal system, or classifier, project is being paid from the Utilities/Central WWTF Clarifier account, number 471-169000-21517, in the utility operating capital funds. Operating capital funds are derived from water and sewer sales. Since this is an operating capital account, the additional funds of $14,850.00 would come from the utility operating fund balance. Description Account Number Amount Utilities/Central WWTF Clarifier 471-169000-21517 $14,850.00 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\091322 BCC Agenda Items\Change order Grit Classifier\Agenda 4-FA37 - change order Central WW Grit classification.doc Recommendation: Staff recommends that the Board of County Commissioners direct the Purchasing Manager to issue a change order to Purchase Order 92166, increasing it by $14,850, to cover the piping and wiring, and to allow the use of operating fund balance to cover the expense. Attachments: 1. EES Proposal Quote #081022CP1 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINE5\2022 Agenda Items\091322 BCC Agenda Items\Change order Grit Classifier 438 Environmental Equipment Services August 10, 2022 To: Indian River County 3550 49th Street Vero Beach, FL 32967 Attn: Richard Meckes Re: Central Regional WWTF Smith and Loveless Grit Drive and Classifier Replacement - Additional Install Work Needed Proposal Quote#:081022CP1 Please see the installation proposal listed below which shall be per Environmental Equipment Services, LLC (EES) terms and conditions of sale located at the end of this document. Pista Grit Drive and Classifier Replacement Installation Additional Work Required Mechanical Installation revealed that the existing plant piping running the wastewater after grit separation from the concentrator back to the Influent channel was beyond repair. The piping literally falls apart when handled that is due to H2S corrosion over the life of the installation. The new components required to replace this pipe includes (1) 90 deg bend, (1) tee, gaskets, SS bolt kits multiple pieces of epoxy coated iron piping per chamber. Your costs for these additional components for both chambers = $2,000 This proposal also includes 3 man crew time to install the piping, core through the concrete in a new location 12 inches away from the existing discharge, grout over the existing floor penetration and rout the discharge line through the new floor penetration. Pricing Includes tool rental and concrete work Your costs for this additional mechanical installation on both chambers = $10,350 The Electrical installation crews also require an additional site visit to return to conclude their work since the stoppage prevented them from completing the installation. (1) day 2 man crew with travel and expenses. Your costs for this additional electrical installation services = $2,500 Your Total Cost for the Equipment Listed Above, With Installation Included and No Sales Tax Is: 14,850.00 439 EES Terms and Conditions 1. We do not include sales tax, pressure gauges, anchor bolts, conduit, tools, toolboxes, lubricants, installation, spare parts, control panels or any other items which are not specifically called out in this scope of supply. 2. Proposal is based on Indian river County standard terms and conditions as of 5/21/21. 3. Payment terms are 100% net 30 days after factory startup has been performed with any unpaid balance 30 days past due being subject to interest at 1-1/2% per month being added to the unpaid balance, with approved credit. 4. The following lead times are estimates only based on market conditions at the time of the proposal and are conditional on acts of force majeure outside of the company's control. Estimated Submittal Data: N/A Estimated Shipment of Equipment: 1-3 days from approval of proposal Cory N. Peavy - President Environmental Equipment Services, LLC C (863) 640-0201 Page 2 of 2 Environmental Equipment Services, LLC - 3616 Harden Blvd. #337 - Lakeland, FL 33803 - (863)-450-3595 09//3/2022 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney R.t�:11 Office Of Consent INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: The Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: September 7, 2022 SUBJECT: Corrective County Deed for Right -Of -Way to Christine L. Ford for Phase II of 66th Avenue Improvements — 7825 66th Avenue, Parcel 126 On December 14, 2021, the Board of County Commissions approved an Agreement to Purchase and Sell Real Estate with Christine Ford for property to be used as right-of-way for Phase 2 of the 66th Avenue project. Title issues delayed closing and after the issues were resolved, the parties closed on the property on April 8, 2022. The deed from Mrs. Ford to the County was sent to the Courthouse for recording and then sent to the Property Appraiser to map the new property boundaries. The mapper at the Property Appraiser's Office discovered an error in the legal description on the deed and alerted the County Attorney's Office. In order to remedy the error, the attached Corrective County Deed to Mrs. Ford must be approved, signed and filed at the Courthouse. The Assistant County Surveyor has reviewed the Corrective County Deed and compared it with the survey of the Ford property and agrees that the Corrective County Deed will resolve the error. STAFF RECOMMENDATION: Staff recommends the Board approve the Corrective County Deed for Mrs. Ford's property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding in the amount of $27.70 for recording fees is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141- 066120-16009. Attachments: Corrective County Deed to Mrs. Ford Copy to: Raymer McGuire, Esq. 441 This document was prepared by and should be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 211t Street, Suite C Vero Beach, FL 32960 Parcel ID: A Portion of 31-39-31-00000-7000-00010.0 CORRECTIVE COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of August, 2022, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose address is 1801 27th Street, Vero Beach, Florida 32960, and Christine L. Ford, a/k/a Christine E. Ford, a single woman, whose post office address is 7825 66th Avenue, Vero Beach, FL 32967, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of Ten Dollars to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained, and sold to the party of the second part, its heirs and assigns forever, the following described lands lying and being in Indian River County, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney By its Board of County Commissioners Peter D. O'Bryan, Chairman BCC approved: FXommunity Deve1opment\CDBG\2008 NSMousing Sales\HOUSING UNITS\Pending\8755 105th Ct\Deed\42079614.deed.doc 442 This Deed is being given in connection with that certain Deed recorded on April 12, 2022 in O. R. Book 3530, at Page 779, of the Public Records of Indian River County, Florida. The aforementioned Deed inadvertently conveyed the subject Parcel in its entirety. The intent of this Deed is to convey back to the Grantor the portion that should have been retained by the Grantor in said Deed, less and except the portion to Indian River County for right-of-way purposes. Exhibit A Legal Description Commence at the Northwest corner of the Southeast One -Quarter of Section 31, Township 31 South, Range 39 East, Indian River County, Florida; thence run South 00 degrees 28 minutes 01 seconds West, along the West line of said Southeast One - Quarter, a distance of 825.00 feet; thence departing said West line, run South 89 degrees 55 minutes 35 seconds East, a distance of 2643.51 feet to a point on the West right of way line of 66TH Avenue, as described in Deed Book 62, Page 411, of the Public Records of Indian River County, Florida; thence run South 00 degrees 32 minutes 54 seconds West, along said West right of way line, a distance of 455.61 feet to a point on the North right of way line of the Sebastian River Water Control District R-14 Canal (100 foot wide right of way), said line also being the North line of the South One - Half of those lands described in Official Records Book 1499, Page 847, of the Public Records of Indian River County, Florida; thence continue South 00 degrees 32 minutes 54 seconds West, a distance of 125.00 feet for a Point of Beginning; thence continue South 00 degrees 32 minutes 54 seconds West, a distance of 588.70 feet to a point on the South line of the North 299.94 feet of the South 896.85 feet of the East 437.15 feet of the Southeast One -Quarter of said Section 31; thence departing the aforesaid West right of way line, run North 89 degrees 50 minutes 33 seconds West a distance of 407.16 feet to a point on the East line of the West 36 acres of the East 45 acres of the South 55 acres of the Southeast One -Quarter of said Section 31; thence run North 00 degrees 32 minutes 54 seconds East, along said East line and the northerly extension thereof, a distance of 261.17 feet to a point on the South line of the North 1732.50 feet of the Southeast One -Quarter of said Section 31; thence run North 89 degrees 55 minutes 35 seconds West, along said South line, a distance of 267.34 feet; thence departing said South line run North 00 degrees 27 minutes 29 seconds East, a distance of 327.46 feet; thence run South 89 degrees 52 minutes 54 seconds East, along a line 25 feet South of and parallel with the South right of way line of the aforesaid R-14 Canal, a distance of 675.02 feet to the Point of Beginning. LESS AND EXCEPTING THEREFROM: RIGHT OF WAY PARCEL: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00132154" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 666.72 FEET TO A POINT: THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89°27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE 443 POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89°27'13" WEST, A DISTANCE OF 130.02 FEET TO A POINT; THENCE, BEARING NORTH 00132'54" EAST, A DISTANCE OF 554.07 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00040'20", A CHORD LENGTH OF 36.14 FEET BEARING NORTH 00153104" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.14 FEET TO A POINT; THENCE, BEARING SOUTH 89052155" EAST, A DISTANCE OF 129.79 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, BEARING SOUTH 00°32'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 588.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 76,627 SQUARE FEET OR 1.76 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. E.. 09/13/2022 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Office of Consent INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: September 7, 2022 SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41 % compared with a nationwide average of 27% of a community's population. Because our County has a larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. 445 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program September 7, 2022 Page 12 The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with Rental Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. Tenants who qualify for the HCV program will pay up to 40% of the monthly Fair Market Rent amount. The 40% amount is referred to in the resolution as the Total Tenant Payment (TTP). The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current Fair Market Rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2021 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2023 and authorize the Chairman to execute the resolution on behalf of the Board. Attachment: Resolution Setting the Fair Market Rental Rates for Fiscal Year 2023 Copies to: Phil Matson, Community Development Director Robin Miller, Rental Housing Program Manager 446 RESOLUTION 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2023 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Housing Choice Voucher Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Voucher (HCV) program County- wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all HCV Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110°/x) of the Fair Market Rent established by the Department and for a reasonable accommodation Payment Standard for each bedroom size can go up to 120%, per HUD guidelines; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2022, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR, and WHEREAS, Department regulations require annual adoption and approval of Payment Standard Amounts: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) and for all bedroom sizes up to 120% based on a reasonable accommodation of Fair Market Rent not to exceed 40% Total Tenant Payment for beginning Fiscal Year 2023 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $928 $1151 $1,389 $1,709 $1894 447 RESOLUTION 2022 - 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 Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 13th day of September, 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 Peter D. O'Bryan, Chairman 2 448 �,A-J. Carole Jean Jordan, CFC {z Tax Collector HOW MAY WE HELP You?" MEMORANDUM TO: Jason Brown, County Administrat FROM: Carole Jean Jordan, Tax Collor SUBJECT: Consent Agenda Item DATE: August 23, 2022 Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, September 13, 2022. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2022 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2022. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollectorCirctax.com Website: www.irctax.com Phone: (772)226-1338 Fax(772)770-5009 EM, Chapter 197 TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. 450 q - �\- Leslie R. Swan Supervisor of Elect. ions Indian River County August 30, 2022 The Honorable Peter O'Bryan Chairman, Board of County Commissioners Indian River County 180127`h Street, Building A Vero Beach FL 32960 Dear Chairman O'Bryan: The Supervisor of Elections office collects fees for candidate and initiative petition verification and preparation of data lists. I am respectfully requesting to have the revenue received from petition verification fees and data list preparation be rolled back into the Supervisor of Elections FY2021/2022 budget. The Supervisor of Elections office verified 34,897 petitions and fulfilled 58 data lists during FY2021— 2022. 1 have enclosed the receipts for providing these services totaling $6,243.35. Three ballot -on -demand ballot printers malfunctioned during early voting for the August 23 Primary Election. Due to the age of the printers, replacement parts are no longer available. These funds will allow our office to purchase new printers. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures *Petition Verification Invoices are on file with the Clerk to the Board; they are available for review upon request. 451 4375 43" Avenue • Vero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 1 www.voreindianriver.com Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021- 2022 452 A B C D 1 Date Candidate/initiative Quantity Amount 2 10/1/2021 #21-13 39 $8.20 3 10/4/2021 #21-16 20 $3.80 4 10/6/2021 #21-16 18 $3.60 5 10/6/2021 Erin Grail 200 $20.00 6 10/7/2021 #21-13 41 $8.40 7 10/7/2021 #21-11 112 $22.40 8 10/12/2021 Elizabeth Sibert 334 $33.40 9 10/12/2021 Joann Binford 52 $5.20 10 10/14/2021 #21-13 57 $11.40 11 10/20/2021 #21-13 52 $10.40 12 10/21/2021 #21-16 98 $19.60 13 10/22/2021 Elizabeth Sibert 164 $16.40 14 10/22/2021 Joann Binford 41 $4.10 15 10/25/2021 #21-16 24 $5.20 16 10/26/2021 Elizabeth Sibert 1 $0.10 17 10/27/2021 #21-13 11/1/2021 Joann Binford _ 102 48 $20.40 $4.80 18 19 11/2/2021 #21-16 111 $22.20 20 11/4/2021 Erin Grail 93 $9.30 21 11/4/2021 #21-13 226 $45.20 22 11/5/2021 #21-16 68 $13.20 23 11/5/2021 #21-16 9 $1.80 24 11/9/2021 Joann Binford 148 $14.80 25 11/10/2021 #21-16 37 $7.40 26 11/15/2021 #21-13 149 $29.80 27 11/18/2021 #21-13 264 $52.80 28 11/18/2021 #21-16 306 $61.20 29 11/29/2021 #21-13 388 $77.60 30 11/29/2021 #21-16 1129 $225.80 31 12/1/2021 #21-16 12/2/2021 #21-13 1114 319 $222.80 $63.80 32 33 12/6/2021 Joann Binford 72 $7.20 34 12/8/2021 #21-13 371 $74.20 35 12/8/2021 #21-16 1119 $223.80 36 12/14/2021 Joann Binford 7 $0.70 37 12/16/2021 #21-13 304 $60.80 381 12/16/2021 #21-16 885 $177.00 39 12/20/2021 Rebekah Jones 12/22/2021 #21-16 17 1036 $1.70 $207.20 40 41 12/27/2021 #21-17 393 $78.60 42 12/27/2021 #21-13 901 $180.20 43 1 12/28/2021 #21-13 1291 $258.20 44 12/29/2021 #21-16 908 $181.60 45 12/30/2021 #21-16 522 $104.40 46 1/3/2022,#21-13 1849 $369.80 452 Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021 - 2022 453 A I B C D 47 1/4/2022 #21-13 549 $109.80 48 1/4/2022 #21-16 56 $12.00 49 1/5/2022 #21-13 8 $1.60 50 1/7/2022 Advance Micro Targeting 104 $20.80 51 1/10/2022 #21-16 36 $7.20 52 1/11/2022 #21-16 33 $6.60 53 1/12/2022 #21-13 58 $11.60 54 1/13/2022 Rebekah Jones 47 $4.70 55 1/14/2022 #21-16 63 $12.60 56 _ 1/14/2022 Stephanie L. Dukes 3 $0.30 57 1/18/2022 Advance Micro Targeting 122 $24.40 58 1/18/2022 Melissa Martz 1/19/2022 #21-13 10 56 $1.00 $11.20 59 60 1/19/2022 #21-16 389 $77.80 61 1/21/2022 #21-16 71 $14.20 62 1/24/2022 Bill Posey 600 $60.00 63 1/25/2022 #21-16 95 $19.00 64 1/26/2022 Advance Micro Targeting 227 $45.40 65 1/26/2022 #21-13 30 $6.00 66 1/28/2022 Mariya Kalkins 1/31/2022 #21-16 71 10 $7.10 $2.00 67 68 1/31/2022 Brian Mast 65 $6.50 69 2/7/2022 Bruce Green 75 $7.50 70 2/7/2022 LaDonna Corbin 235 $23.50 71 2/23/2022 Rebekah Jones 47 $4.70 72 2/28/2022 LaDonna Corbin 273 $27.30 73 3/2/2022 #21-17 11 $2.75 74 3/3/2022 Joanne R. Terry 129 $12.90 75 3/10/2022 Joseph Flescher 1200 $120.00 76 3/11/2022 Melissa Martz 2 $0.20 77 3/16/2022 Joseph Flescher 3/17/2022 Cynthia Gibbs 150 274 $15.00 $27.40 78 79 3/21/2022 LaDonna Corbin 353 $35.30 80 3/21/2022 Rebekah Jones 6 $0.60 81 3/21/2022 Joseph Flescher 100 $10.00 82 3/22/2022 #21-17 6 $1.75 83 3/23/2022 Thomas Lowther 531 $53.10 84 3/23/2022 Jon Chuba 4 $0.40 85 3/23/2022 Melissa Martz 13 $1.30 86 3/24/2022 Karen Hiltz 542 $54.20 87 3/24/2022 Cynthia Gibbs 59 $5.90 88 3/24/2022 LaDonna Corbin 209 $20.90 89 3/29/2022 Teri Barenborg 375 $37.50 90 3/30/2022 Melissa Martz 2 $0.20 91 3/31/2022 Christine Quinn 6 $0.60 92 4/1/20221 LaDonna Corbin 104 $10.40 453 Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021 - 2022 454 A I B C I D 93 4/1/2022 Karen Hiltz 20 $2.00 94 4/1/2022 La Donna Corbin 17 $1.70 95 4/1/2022 LaDonna Corbin 10 $1.00 96 4/5/2022 LaDonna Corbin 19 $1.90 $44.50 97 4/5/2022 Cynthia Gibbs 445 98 4/5/2022 Robert Brackett 4001 $40.00 99 4/5/2022 James Pruden 24 $2.40 $0.80 100 4/5/2022 Raymond Jacob Denzel 8 101 4/6/2022 Melissa Martz 1 $0.10 102 4/6/2022 Jacqueline Rosario 1268 $126.80 103 4/7/2022 Joanne R. Terry 132 $13.20 104 4/8/2022 Bonnie Jackson 4 $0.40 $4.50 105 4/8/2022 Rebekah Jones 45 106-----.- 4/8/2022 Sensible Florida Inc 12 $3.00 107 4/8/2022 Thomas Kenny 200 $20.00 $1.50 108 4/8/2022 Melissa Martz 15 109 4/18/2022 Thomas Kenny 250 $25.00 110 4/18/2022 Melissa Martz 41 $0.40 111 4/18/2022 Teri Barenborg 416 $41.60 112 4/19/2022 Erin Grall 183 $18.30 113 4/19/2022 Cynthia Gibbs 287 $28.70 114 4/20/2022 Kimberly Walker 1 $0.10 115 4/20/20221 Thomas Lowther 20 $2.00 116 4/22/2022 Thomas Lowther 447 $44.70 117 4/25/2022 Robert Brackett 193 $19.30 118 4/27/2022 Ruth Swanson 61 $0.60 119 _ 4/27/2022 Jacqueline Rosario 1061 $10.60 120 4/28/2022 _ Thomas Kenny 250! $25.00 121 4/28/2022 _ Teri Barenborg 3501 $35.00 122 4/28/2022 Cynthia Gibbs 2351 $23.50 M124 4/29/2022 Thomas Lowther 218 $21.80 4/29/2022 Jacqueline Rosario 46 $4.60 125 4/29/2022 Joseph Hannoush 2 $0.20 126--- 4/29/2022 Cindy Banyai 2 $0.20 127 5/2/2022 Jacqueline Rosario 75 $7.50 128-.--- 5/2/2022 Cynthia Gibbs 85 $8.50 129 130 5/2/2022 5/2/2022 Kimberly Walker 2 $0.20 Tom Vail 2 $0.20 131 _ 5/3/2022 Erin Grall 800 $80.00 132 5/4/2022 Jacqueline Rosario 28 $2.80 133 _ 5/4/2022 !Jennifer "Rita" Harris 11 $1.10 134 _ 5/4/2022 Tayari Appiah 1 $0.10 135 5/4/2022 Cory Mills 1 6 $0.60 136 5/4/2022 Sensible Florida Inc 1 $0.25 137 5/4/2022 Sensible Florida Inc 1 $0.25 138 5/4/20221 Cynthia Gibbs 32 $3.20 454 Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021 - 2022 & A B C D 139 5/4/2022 Robert Brackett 56 $5.60 140 5/4/2022 Gene Posca 1220 $122.00 141 5/4/2022 Thomas Kenny 196 $19.60 142 5/5/2022 Joanne R. Terry 122 $12.20 143 5/5/2022 Carlos Guillermo Smith 2 $0.20 144 5/5/2022 Thomas Lowther 161 $16.10 145 5/6/2022 Cynthia Gibbs 5 $0.50 146 5/6/2022 Anna Jean Kirkland 32 $3.20 147 5/6/2022 Teri Barenborg 239 $23.90 1481_5/6/2022 Carolynn Zonia 9 $0.90 149 5/6/2022 Seth Densen 5 $0.50 150 5/9/2022 Thomas Kenny 366 $36.60 151 5/9/2022 Kimberly Walker 2 $0.20 152 5/9/2022 Nathan Robertson 2 $0.20 153 5/9/2022 Victor Torres 2 $0.20 154 5/9/2022 Margaret Schiller 7 $0.70 155 5/9/2022 Gene Posca 248 $24.80 156 5/9/2022 Alex Newman 27 $2.70 157 5/10/2022 Carolynn Zonia 27 $2.70 158 5/10/2022 Jennifer "Rita" Harris 4 $0.40 159 5/10/2022 Corinna Balderamas Robinson 1 $0.10 160 5/10/2022 Danielle Hawk 15 $1.50 161 5/10/2022 Carlos Guillermo Smith 31 $3.10 162 5/10/2022 Raymond Jacob Denzel 7 $0.70 163 5/10/2022 Jack Achenbach 23 $2.30 164 5/11/2022 Wendy June Schmeling 3 $0.30 165 5/11/2022 Carlos Guillermo Smith 2 $0.20 166 5/11/2022 Tayari Appiah 1 $0.10 167 5/11/2022 Danielle Hawk 15 $1.50 168 5/11/2022 Thomas Kenny 230 $23.00 169 5/12/2022 Erin Grall 571 $57.10 170 5/12/2022 Joanne R. Terry 32 $3.20 171 5/12/2022 Alex Newman 69 $6.90 172 5/12/2022 Megan Angel Petty 5/12/2022 Kimberly Walker 1 3 $0.10 $0.30 173 174 5/12/2022 Jennifer Raybon 4 $0.40 175 5/12/2022 Allek Pastrana 19 $1.90 176 5/12/2022 Hillary Cassel 4 $0.40 177 5/12/2022 Walker, Dodge, Zonia 5/12/2022 Thomas Kenny 11 30 $1.10 $3.10 178 179 5/13/2022 Stephanie L. Dukes 11 $1.10 180 5/13/2022 Carolynn Zonia 7 $0.70 181 5/13/2022 Cindy Banyai 4 $0.40 182 5/13/2022 Christine Quinn 1 $0.10 183 5/13/2022 Byron Donalds 2 $0.20 184 5/13/2022 Maxwell Alejandro Frost 4 $0.40 & Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021 - 2022 457 A I B C D 231 3/29/20221 Frank Pizzichello Data List $15.00 $1.50 232 4/1/20221 Frank Pizzichello Copies 233 4/14/2022 Peter Pifer Data List $15.00 234--- 4/20/2022 Thomas Lowther Data List $15.00 $15.00 235 _ 4/20/2022 Christopher Ann Thurlow Data List 236 4/20/2022 Peter Pifer Copies $12.60 237 4/27/2022 Diane Gower Data List Rosario Data List $15.00 $15.00 238 4/27/2022IJacqueline 239 4/28/2022 1 Christopher Ann Thurlow Copies $12.30 240 5/11/2022 Manual Diaz Data List $15.00 241 _ 5/25/2022 George Rasley Data List $15.00 242 5/26/2022 Dan Lamson Data List $15.00 $15.00 243 5/31/2022 Leitha Mullins Data List 244 6/7/2022 Thomas Kenny Data List $15.00 24S 6/8/2022 Rosemarie Wilson Data List Connie Webb Data List $15.00 $15.00 246 _ _ 6/10/2022 247 6/14/2022 Sandra Rivera Data List $15.00 $15.00 248 6/23/2022 LaDonna Corbin Data List 249 6/30/20221 Deryl Loar Data List $15.00 250 7/5/2022 Ironside Press Data List $15.00 $15.00 251 7/11/20221 Nathan Cote Data List 252 7/13/2022 LaDonna Corbin Data List $15.00 253 7/15/2022 VB Preservation Alliance Data List Jay Kramer Data Lists $15.00 $60.00 254 _ 7/25/2022 255 7/27/2022 Virginia Meadows Data List $15.00 256 7/27/2022 Ironside Press Data List $15.00 257-.-.-- 7/28/2022 Andrew Dodge Data List $15.00 258 8/1/2022 LaDonna Corbin Data List $15.00 259 8/1/2022 Leslie Tilley Data List $15.00 260 8/4/2022 _ Irina Woelfle Data List $15.00 261 8/10/2022 Deryl Loar Data List $15.00 $15.00 262 _ 8/10/2022 Shuna Carpenter Data List 263 8/11/2022 Melissa Boatright Data List $15.00 264 8/23/2022 Ken Daige Data List $15.00 265 8/23/2022 Ken Daige Data List $15.00 266 8/24/2022 Ken Daige Data List $15.00 267 _ $936.10 268 269 270 Cumulative Total $6,243.35 457 Indian River County Supervisor of Elections Petition Verification Data List Invoices FY 2021- 2022 456 A B C D 185 5/13/2022 Byron Donalds 5/16/2022 Aaron Fenwich 7.51 58 $7.50 $5.80 186 187 5/16/2022 Joanne R. Terry 7 $0.70 188 5/16/2022 Lauren Melo 5/16/2022 James Pruden 5 1 $0.50 $0.10 189 190 5/16/2022 Drew-Montez Clark 2 $0.20 191 5/16/2022 Darlene Swaffar 20 $2.00 192 5/16/2022 Aaron Fenwich 3 $0.30 193 5/16/2022 Seth Densen 1 $0.10 194 5/16/2022 Christine Olivo 3 $0.30 195 5/17/2022 Kimberly Walker 3 $0.30 196 5/19/2022 Sensible Florida Inc 5/25/2022 Sensible Florida Inc 5 8 $1.25 $2.00 197 198 5/31/2022 Sensible Florida Inc 2 $0.50 199 6/27/2022 Sensible Florida Inc 10 $2.50 200 7/25/2022 Sensible Florida Inc 5 $1.25 201 8/4/2022 South Marina COVB 8/8/2022 South Marina COVB 537 526 $134.25 $131.50 202 203 8/10/2022 South Marina COVB 241 $60.25 204 8/12/2022 South Marina COVB 12 $3.00 205 8/15/2022 South Marina COVB 9 $2.25 206 8/19/2022 Sensible Florida Inc 3 $1.50 207 Total Petitions 34897 $5,317.25 208 209 10/8/2021 Media Arts Data List $15.00 210 10/11/2021 Edith Lavandera Data List $15.00 211 10/11/2021 Jay Kramer Data Lists $45.00 212 10/20/2021 Charlie Wilson Data List $15.00 213 10/21/2021 Ken Daige Data List $15.00 214 10/22/2021 John Cotugno Data List $15.00 215 10/25/2021 Anthony Stewart 10/26/2021 Margo Hamilton Data List Data List $15.00 $15.00 216 217 11/2/2021 Joy Votrbek Data List $15.00 218 12/28/2021 Joseph Coakley Data List $15.00 219 1/3/2022 Sandra Rivera Data List $15.00 220 1/10/2022 Thomas Webber Data List $15.00 221 1/14/2022 Elizabeth Sibert Data List $15.00 222 1/24/2022 Jay Kramer Data List $15.00 223 1/26/2022 Ryan Blade Data List $15.00 224 2/10/2022 Karen Jordan Data List $15.00 225 2/11/2022 Shuna Carpenter Data List $15.00 226 2/14/2022 LaDonna Cobin Copies $24.70 227 2/15/2022 Ryan Blade Data List $15.00 228 2/25/2022 Ryan Blade Data List $15.00 229 3/4/2022 Candace Van Doren Data List $15.00 230 3/22/2022 Joann Binford Data List $15.00 456 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Florida Voters in Charge 21-16 2021 OCT -4 AN 10: 08 Invoice: 3431 Date: October 4, 2021 Description Quantity Rate Amount Petitions 20 $0.20 $4.00 Paid In full (.20 from invoice #3430) Check#1353 Initials: ko Total Paid $3.80 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 RECEIPT 2021 -QCT -6 AM 10: 6'1 Invoice: 3432 Date: October 6, 2021 Description Quantity Rate Amount Petitions 18 $0.20 $3.60 Paid In full Check#1416 Initials: ko Total Paid $3.60 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 • Ein Grall R E C E I PT:�,,,.!'; Pill J � J] Invoice: 3433 Date: October 6, 2021 Description Quantity Rate Amount Petitions 200 $0.10 $20.00 Paid In full Check #1359 Initials: ko Total Paid $20.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 Invoice: 3434 Date: October 7, 2021 Description Quantity Rate Amount Petitions 41 $0.20 $8.20 Paid In full (overage .20 to pay balance batch 3) Check #1-4-T-6 l61 k Initials: ko Total Paid $8.40 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Floridians for Housing 21-11 2021 oT - r AN.,,: 95 Invoice: 3435 Date: October 7, 2021 Description Quantity Rate Amount Petitions 112 $0.20 $22.40 Paid In full Check #2876 Initials: ko Total Paid $22.40 RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Elizabeth Siebert Invoice: 3439 Date: October 12, 2021 Description Quantity Rate Amount Petitions Verification 334 .10 33.40 Paid In full Check number 1002 Initials: cb 33.40 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Joann Binford Invoice: 3440 Date: October 12, 2021 Description Quantity Rate Amount Petitions Verification 52 .10 5.20 Paid In full Check number 1094 Initials: cb 5.20 RECEIPT IRC Supervisor of Elections 4375 4311 Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 Z02J.0cT 14 P"12-:20 Invoice: 3441 Date: October 14, 2021 Description Quantity Rate Amount Petitions 57 $0.20 $11.40 Paid In full Check #071887 Initials: ko I Total Paid $11.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 p21 OCAS pig�'� Invoice: 3444 Date: October 20, 2021 Description Quantity Rate Amount Petitions 52 $0.20 $10.40 Paid In full Check#071967 Initials: ko Total Paid $10.40 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 -0.00 Invoice: 3446 Date: October 21, 2021 Description Quantity Rate Amount Petitions 98 $0.20 $19.60 Paid In full Check #1549 Initials: ko Total Paid $19.60 INDIAN RIVER COUNTY Q-2 E L0 i4l o f L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 4316 Avenue Vero Beach, FL 32967 Bill To Elizabeth Siebert Invoice: 3448 Date: Oct 22, 2021 Description Quantity Rate Amount Petitions 164 10 16.40 Paid In full CK 1003 Initials: AW Total Paid $16.40 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Joann Binford RECEIPT Invoice: 3449 Date: October 22, 2021 Description Quantity Rate Amount Petitions 41 $0.10 $4.10 Paid In full Check #n 16)q Initials: jd Total Paid $4.10 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 RECEIPT Invoice: 3451 Date: October 25, 2021 Description Quantity Rate Amount Petitions 24 $0.20 $4.80 Paid In full Check #1483 Initials: ko Total Paid $5.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Elizabeth Siebert Invoice: 3452 Date: October 26, 2021 Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Cash Initials: ko Total Paid $.10 IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 RECEIPT Invoice: 3454 Date: October 27, 2021 Description Quantity Rate Amount Petitions 102 $0.20 $20.40 Paid In full Check#072031 Initials: ko Total Paid $20.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joann Binford Invoice: 3455 Date: Nov. 1, 2021 Qty Rate Amount Petitions for Joann $4.80 Binford Paid in full Check #1098 Processed by: kb $4.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 'ORM Florida Voters in Charge 21-16 Invoice: 3456 Date: November 2, 2021 Description Quantity Rate Amount Petitions 111 $0.20 $22.20 Paid In full Check#1679 Initials: ko Total Paid $22.20 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Erin Grail Invoice: 3458 Date: November 4, 2021 Description Quantity Rate Amount Petitions 93 .10 9.30 Paid In full Check number1364 Initials: cb Total Paid $9.30 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 2021!NOV -4 PH 4= 33 Invoice: 3461 Date: November 4, 2021 Description Quantity Rate Amount Petitions 226 $0.20 $45.20 Paid In full Check #072114 Initials: ko Total Paid $45.20 RECEIPT 2021 NOY -5 PM 12: 54 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Invoice: 3462 Date: November 5, 2021 Florida Voters in Charge 21-16 Description Quantity Rate Amount Petitions 68 $0.20 $13.60 Paid Check #1749 Initials: ko Total Paid $13.20 IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 RECEIPT 2021 NOV -5 ,FM ,2*!55 Invoice: 3463 Date: November 5, 2021 Description Quantity Rate Amount Petitions 9 $0.20 $1.80 Paid in Full Check #1615 Overage $6.20 Initials: ko Total Paid $8.00 t INDIAN RIVER COUNTY C)" uli; of L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joann Binford Invoice: 3464 Date: Nov 9, 2021 Description Quantity Rate Amount Petition 148 .10 14.80 Paid In full Ck 1100 Initials: AW Total Paid $14.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Florida Voters in Charge 21-16 2021 NOV I 10 PM �56 Invoice: 3465 Date: November 10, 2021 Description Quantity Rate Amount Petitions 37 $0.20 $7.40 Paid Check #1816 + Overage from Invoice 3463 Total from check- $5.40 Overage from invoice 3463- $2.00 Initials: ko Total Pai $7.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 .2021 mroy 15 'AH 11:..d Invoice: 3466 Date: November 15, 2021 Description Quantity Rate Amount Petitions 149 $0.20 $29.80 Paid In full Check#072188 Initials: ko Total Paid $29.80 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 RECEIPT 202{ VIOV 18 AM 10, 38 Invoice: 3467 Date: November 18, 2021 Description Quantity Rate Amount Petitions 264 $0.20 $52.80 Paid In full Check#072262 Initials: ko Total Paid $52.80 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Florida Voters in Charge 21-16 2021 HHV 18 PM 4o. 48 Invoice: 3468 Date: November 18, 2021 Description Quantity Rate Amount Petitions 306 $0.20 $61.20 Paid In full Check #1884 Initials: ko Total Paid $61.20 IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 RECEIPT 7021 Hoy 29 Pt1 !2: ,51 Invoice: 3477 Date: November 29, 2021 Description Quantity Rate Amount Petitions 388 $0.20 $77.60 Paid In full Check #072331 Initials: ko Total Paid $77.60 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 2021 Nay 29 Pn 1.. 32 Invoice: 3478 Date: November 29, 2021 Description Quantity Rate Amount Petitions 1129 $0.20 $225.80 Paid In full Check #1951 Initials: ko Total Paid $225.80 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Florida Voters in Charge 21-16 2021 DEC r PM0,21 Invoice: 3480 Date: December 1, 2021 Description Quantity Rate Amount Petitions 1,114 $0.20 $222.80 Paid In full Check#2018 Initials: ko Total Paid $222.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 2021 DEC -2 Pn 3: 27 Invoice: 3481 Date: December 2, 2021 Description Quantity Rate Amount Petitions 319 $0.20 $63.80 Paid In full Check#072406 Initials: ko Total Paid $63.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3482 Date: December 6, 2021 Joann Binford Description Quantity Rate Amount Petitions 72 $0.10 $7.20 Paid with Check #1108 Initials: jd RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Florida Education Champions 21-13 zoz�oF� ,6 p '?' 69 Invoice: 3483 Date: December 8, 2021 Description Quantity Rate Amount Petitions 371 $0.20 $74.20 Paid In full Check#072474 Initials: ko Total Paid $74.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 1021 DEC -D PM 4: 37 Invoice: 3484 Date: December 8, 2021 Description Quantity Rate Amount Petitions 1,119 $0.20 $223.80 Paid In full Check#2088 Initials: ko Total Paid $223.80 1 INDIAN RIVER COUNTY —92 I-Ef; R, V of ELECT`1,0NS. L E S L I E FZ 0 S S W A Y S W 'A N. I RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joann Binford Invoice: 3485 Date: December 14, 2021 Description Quantity Rate Amount Petition 7 .10 .70 Paid In full cl( 1109 Initials: AW Total Paid $.70 RECEIPT 20 DEC t Ptd 4 t'9 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Invoice: 3486 Date: December 16, 2021 Florida Education Champions 21-13 Description Quantity Rate Amount Petitions 304 $0.20 $60.80 Paid In full Check #072541 Initials: ko Total Paid $60.80 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, F1.32967 Bill To Florida Voters in Charge 21-16 221 Qf C 16 Pik 4_; I'`l Invoice: 3487 Date: December 16, 2021 Description Quantity Rate Amount Petitions 885 $0.20 $177.00 Paid In full Check#2155 Initials: ko j Total Paid $11a-010 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Rebekahlones RECEIPT 2021 DEC 20 PH -2: 4-1 Invoice: 3488 Date: December 20, 2021 Description Quantity Rate Amount Petitions 17 $0.10 $1.70 Paid In full Check#123 Initials: ko Total Paid $1.70 RECEIPT !RC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 Invoice: 3490 Date: December 22, 2021 Description Quantity Rate Amount Petitions 1036 $0.20 $207.20 Paid with Check #2226 Initials: jd IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc. 21-17 RECEIPT 2071 DEC 21 PM .3� 1 ► Invoice: 3491 Date: December 27, 2021 Description Quantity Rate Amount Petitions 393 $0.20 $78.60 Paid In full Check #1531 Initials: ko Total Paid $78.60 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 MOB 21 PM 4� 32 Invoice: 3493 Date: December 27, 2021 Description Quantity Rate Amount Petitions 901 $0.20 $180.20 Paid In full Check #: 072632 Initials: ko Total Paid $180.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 2021 DEC 28 PH 3-'.45 Invoice: 3495 Date: December 28, 2021 Description Quantity Rate Amount Petitions 1,291 $0.20 $258.20 Paid In full Check #072709 Initials: ko Total Paid $258.20 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 RECEIPT 2021 UEC 2q PM 4.04 Invoice: 3497 Date: December 29, 2021 Description Quantity Rate Amount Petitions 908 $0.20 $181.60 Paid In full Check #2292 Initials: ko Total Paid $181.60 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Florida Voters In Charge 21-16 Invoice: 3498 Date: December 30, 2021 Description Quantity Rate Amount Initiative Petitions 522 $0.20 $104.40 Paid with Check #2359 Initials: jd RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Florida Education Champions 21-13 Invoice: 3499 Date: January 3, 2022 Description Quantity Rate Amount Initiative Petitions 1849 $0.20 $369.80 Paid with Check #5591 Initials: jd IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 RECEIPT 2022,JAH -4 PSI 3= 09 Invoice: 3506 Date: January 4, 2022 Description Quantity Rate Amount Petitions 549 $0.20 $109.80 Paid in Full Check # 072781 Initials: ko Total Paid $109.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 2022 AN -5 Aft 8: 59 Invoice: 3507 Date: January 4, 2022 Description Quantity Rate Amount Petitions 56 $0.20 $11.20 Paid In full Check #022709 Initials: ko Total Paid $12.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 2022 JAN -5 PH 3: 06 Invoice: 3508 Date: January 5, 2022 Description Quantity Rate Amount Petitions 8 $0.20 $1.60 Paid In full Check#072854 Initials: ko Total Paid $1.60 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Advanced Micro Targeting, Inc. Invoice: 3509 Date: January 7, 2022 Description INDIAN RIVER COUNTY Amount Petition W71 r 20.80 — Cl( 5644 Wn—i of tz Total Paid $20.80 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Advanced Micro Targeting, Inc. Invoice: 3509 Date: January 7, 2022 Description Quantity Rate Amount Petition 104 .20 20.80 Paid In full Cl( 5644 Initials: AW Total Paid $20.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 2022 JAN 10 PH 3:Z7 Invoice: 3511 Date: January 10, 2022 Description Quantity Rate Amount Petitions 36 $0.201" $7.20 Paid In full Check#2741 Initials: ko Total Paid $35.20 -Z .20 0 erage 28.00 I--- 70e� RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 Invoice: 3513 Date: January 11, 2022 Description Quantity Rate Amount Petitions 33 $0.20 $6.60 Paid In full Check#2808 Initials: ko Total Paid $6.60 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 1.t22?�:1h Invoice: 3515 Date: January 12, 2022 Description Quantity Rate Amount Petitions 58 $0.20 $11.60 Paid In full Check #072928 Initials: ko Total Paid $11.60 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Wendy McDaniel Re: Rebekah Jones petitions Invoice: 3516 Date: Jan. 13, 202 Qty Rate Amount Petitions for US House $4.70 Candidate Rebekah Jones Paid in full Check #J�R 0-, Processed by: kb $4.70 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 Invoice: 3518 Date: January 14, 2022 Description Quantity Rate Amount Petitions 63 $0.20 $12.60 Paid In full Check#2396 Initials: ko Total Paid $12.60 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 fMUMS Stephanie L. Dukes RECEIPT 2022 JAN 14 PM G: 26 Invoice: 3519 Date: January 14, 2022 Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full Check#3067 Initials: ko Total Paid $.30 * INDIAN RIVER COUNTY Amount Petitions Ir .20 24.40 Paid In full Ck 5670 f Initials: AW F- J Total Paid $24.40 4 L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Advanced Micro Targeting Invoice: 3520 Date: January 18, 2022 Description Quantity Rate Amount Petitions 122 .20 24.40 Paid In full Ck 5670 Initials: AW Total Paid $24.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 NEW Melissa Martz Campaign Account 2022 JAR1 Invoice: 3522 Date: January 18, 2022 Description Quantity Rate Amount Petitions 10 $0.10 $1.00 Paid In full Check#1065 Initials: ko Total Paid $1.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 2022 JAN 19 PM 12: 31 Invoice: 3523 Date: January 19, 2022 Description Quantity Rate Amount Petitions 56 $0.20 $11.20 Paid In full Check#073000 Initials: ko Total Paid $11.20 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 RECEIPT Invoice: 3524 Date: January 19, 2022 Description Quantity Rate Amount Petitions 389 $0.20 $77.80 Paid In full Check#2680 Initials: ko Total Paid $77.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 =are Florida Voters in Charge 21-16 2022 JAN 21 PH I2 49 Invoice: 3525 Date: January 21, 2022 Description Quantity Rate Amount Petitions 71 $0.20 $14.20 Paid In full Check#2912 Initials: ko Total Paid $14.20 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Bill Posey . n. Invoice: 3527 Date: Jan. 24, 2022 Qty Rate Amount Petitions 600 .10 $60.00 Paid in full CASH Processed by: ko $60.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Voters in Charge 21-16 25H11: zz Invoice: 3529 Date: January 25, 2022 Description Quantity Rate Amount Petitions 95 $0.20 $19.00 Paid In full Check #2979 Initials: ko Total Paid $19.00 RECEIPT IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 Bill To Advanced Micro Targeting Invoice: 3530 Date: January 26, 2022 Description INDIAN RIVER COUNTY Rate Amount NE, 227 .20 L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 Bill To Advanced Micro Targeting Invoice: 3530 Date: January 26, 2022 Description Quantity Rate Amount Petitions 227 .20 45.40 Paid In full Ck 5703 Initials: AW Total Paid $45.40 * INDIAN RIVER COUNTY C ti Vit.J1 P s n OJ E LL. L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To FI. Education Champions 21-13 Invoice: 3531 Date: January 26, 2022 Description Quantity Rate Amount Petitions 30 .20 6.00 Paid In full Ck073080 Initials: AW Total Paid $6.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Mariya Calkins FI House of Rep 2022 JAN 28 AM 11; 0$ Invoice: 3535 Date: January 28, 2022 Description Quantity Rate Amount Petitions 71 $0.10 $7.10 Paid In full Check#1023 Initials: ko Total Paid $7.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Florida Voters in Charge 21-16 AtScale David Brunell 2022 JA.1131 A -Hit. i'? Invoice: 3537 Date: January 31, 2022 Description Quantity Rate Amount Petitions 10 $0.20 $2.00 Paid In full CASH Initials: ko Total Paid $2.00 RECEIPT - IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3538 Date: January 31, 2022 Brian Mast Description Quantity Rate Amount Petition Verification 65 .10 6.50 Paid In full Check 2576 Initials: cb 6.50 INDIAN RIVER COUNTY ntt�74� gels' 4`y' CZ, o f 1 E- - 0, N.;,:o L E S L I E IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bruce Green R 0 S S W A Y S W A N RECEIPT Invoice: 3539 Date: February 7, 2022 Description Quantity Rate Amount Petitions 75 .10 7.50 Paid in full Ck 1004 Initials: KO Total Paid $7.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 La Donna Corbin Invoice: 3540 Date: February 7, 2022 Description INDIAN RIVER COUNTY Amount Petitions J g) fi. 7 V �J� CASH zol- Initials: KO of Total Paid $23.50 L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 La Donna Corbin Invoice: 3540 Date: February 7, 2022 Description Quantity Rate Amount Petitions 235 .10 23.50 Paid In full CASH Initials: KO Total Paid $23.50 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Rebekah Jones Invoice: 3545 Date: Feb 23, 2022 Description Quantity Rate Amount Petition Verification 47 .10 4.70 Paid in Full Check 123 Initials: cb 4.70 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 La Donna Corbin Invoice: 3547 Date: February 28, 2022 Description INDIAN RIVER COUNTY A', MA -N of F R "o . J rr 273 N 1 27.30 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 La Donna Corbin Invoice: 3547 Date: February 28, 2022 Description Quantity Rate Amount Petitions 273 .10 27.30 Paid In full CASH Initials: AW Total Paid $27.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Sensible Florida, Inc 21-17 Invoice: 3548 Date: March 2, 2022 Description Quantity Rate Amount Petitions 11 $0.25 $2.75 Paid In full Check #1685 Initials: ko Total Paid $2.75 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joanne R. Terry Invoice: 3550 Date: March 3, 2022 Description Quantity Rate Amount Petitions 129 $0.10 $12.90 Paid In full Check # 1004 Initials: ko Total Paid $12.90 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joseph Flescher Invoice: 3552 Date: March 10, 2022 Description INDIAN RIVER COUNTY Amount Petitions 1200 .10 120.00 Paid In full S 0 Ck 1005 Initials: AW of E C,,)v N S %� L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joseph Flescher Invoice: 3552 Date: March 10, 2022 Description Quantity Rate Amount Petitions 1200 .10 120.00 Paid In full Ck 1005 Initials: AW Total Paid $120.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Melissa Martz US House of Representatives Invoice: 3553 Date: March 11, 2022 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check #1040 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 IQ.7 Joseph Flescher Invoice: 3554 Date: March 16, 2022 Description Quantity Rate Amount Petitions 150 _10 15.00 Paid in Full Check # 1007 Initials: cb Paid in full 15.00 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Cynthia Gibbs Invoice: 3555 Date: March 17, 2022 Description Quantity Rate Amount Petitions 274 $0.10 $27.40 Paid In full Check#1001 Initials: ko Total Paid $27.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Ladonna Corbin Invoice: 3556 Date: March 21, 2022 Description Quantity Rate Amount Petition Verification 353 .10 $35.30 Paid In full Cash Initials: AK Total Paid $35.30 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Rebekah Jones RECEIPT IN Y . E SUPEPVtat� f5�iz� �iOF�W 2022 HAR 2 ! PM 12: 39 Invoice: 3557 Date: March 21, 2022 Qty Rate Amount Candidate Petitions 6 $0.60 for Rebekah Jones Paid in full Check #1092 Processed by: kb $0.60 5rk,' ( RECEIPTUPER 2022MAR -21 PH 4: 08 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3546 5- b Date: March 21, 2022 Joseph Flescher Description Quantity Rate Amount Petitions 100 .10 10.00 Paid in Full Check 1009 Initials: cb 1 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 118H 90 Sensible Florida Petition 21-17 n� SUPIERVIS: q 2022 MAR 22 AM 11 oB Invoice: 3559 Date: March 22, 2022 Qty Rate Amount Initiative Petitions for 6 $1.75 Sensible Florida Inc. Paid in full Check #1772 Processed by: kb $1.75 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Thomas Lowther Invoice: 3561 Date: March 23, 2022 Description INDIAN RIVER COUNTY lHOW4 RIVET j Y* Amount E R V I 531 r 'or E SUPERVISOR OF E ' "�'mf � t31 of L 2022 MAR 2 WIM Initials: AW L E S L I E R 0 S S VV A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Thomas Lowther Invoice: 3561 Date: March 23, 2022 Description Quantity Rate Amount Petitions 531 .10 53.10 Paid In full Ck 5009 Initials: AW Total Paid $53.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Jon Chuba SUPEfi'V►SOcI it i VER ; rrTf(Jfefi 2022KAR 23 PH 3: 57 Invoice: 3562 Date: March 23, 2022 Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Check #1062 Initials: ko Total Paid $.40 RECEIPTvi� 1AN R,!(.. zazz'fAR ?3 P �. � �� 57 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3563 Date: March 23, 2022 Melissa Martz Description Quantity Rate Amount Petitions 13 $0.10 $1.30 Paid In full Check #1090 Initials: ko Total Paid $1.30 INDIAN RIVER COUNTY Jim tr E R 0,24 of L. E Am 11: 00 L E S L I E IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Karen Hiltz R 0 S S W A Y S W A N RECEIPT Invoice: 3564 Date: March 24, 2022 Description Quantity Rate — Amount Petitions 542 10 54.20 Paid In full Ck 1002 Initials: AW Total Paid $54.20 INDIAN RIVER COUNTY E R 'V5 Iti, QR(t; COUNTY FLECTIOMS Of LEC IffMAP24,", PH 1: 34 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 Cynthia Gibbs Invoice: 3565 Date: March 24, 2022 Description Quantity Rate Amount Petitions 59 .10 5.90 Paid In full Ck 102 Initials: AW Total Paid $5.90 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To LaDonna Corbin SLIP 'f ZQZ1 M48124 f�M. 3' 39 Invoice: 3566 Date: March 24, 2022 Description Quantity Rate Amount Petitions 209 $0.10 $20.90 Paid In full CASH Initials: ko Total Paid $20.90 RECEIPTI(:IAFd ��;Y: i 5UP�Rb'fSC'I; tF`r£rFft 2022MAR 29 Pn,2. 22. IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Invoice: 3567 Date: March 29, 2022 Teri Barenborg Description Quantity Rate Amount Petitions 375 $0.10 $37.50 Paid In full Check#124 Initials: ko Total Paid $37.50 RECEIPT, SUPERVISOR 7 ' EL.kECTIONS .2022 MAR 30 PM 2:53 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3569 Date: March 30, 2022 Melissa Martz Description quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check #1155 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Christine Quinn 2022 MPTP 3 I PM 4::.40 Invoice: 3571 Date: March 31, 2022 Description Quantity Rate Amount Petitions 6 $0.10 $.60 Paid in Full: Cash Initials: ko Total Paid $1.20 'INDIAN RIVER COUNT.Y,,,, aSii S R4.100 . P, of ELECTE1O.v"4'"ct:"-c �jg J2' tpj - I AM 20 L E S L I E R 0 S S W A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 4310 Avenue Vero Beach, FL 32967 M-111100 LaDonna Corbin Invoice: 3572 Date: April 1, 2022 Description Quantity Rate Amount Petitions 104 .10 10.40 Paid In full Cash Initials: AW Total Paid $10.40 INDIAN RIVER COUNTY (pmz� C ;�M 1 412. pp�r 11-5UNRVI '01 OFF 'LLECTIONC: C W H T Y I P -to of ELEC"i-IGN SA PH 12:57 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 W-1 Karen Hiltz Invoice: 3573 Date: April 1, 2022 Description Quantity Rate Amount Petitions 20 .10 2.00 Paid In full Cash Initials: AW Total Paid $2.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 w LaDonna Corbin Invoice: 3574 Date: April 1, 2022 Description Quantity INDIAN RIVER COUNTY Rl"yIE 17 -%& try 0 Rj�gqqq UPERAHIS0 f E E2 APR - i L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 w LaDonna Corbin Invoice: 3574 Date: April 1, 2022 Description Quantity Rate Amount Petitions 17 .10 1.70 Paid In full Cash Initials: AW Total Paid $1.70 -'O� * INDIAN RIVER COUNTY RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 W-11 LaDonna Corbin Invoice: 3576 Date: April 1, 2022 Description Quantity Rate � 'LlumAN W.V`13 (;0Uk1T" )— 1.00 Paid In full a Cash E R V IS C. R' 0— FE — I Lai of Initials: AW E. L C T pq U S22 APR - I PM 4-- -06 Total Paid $1.00 kv.rd '?, N " L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 W-11 LaDonna Corbin Invoice: 3576 Date: April 1, 2022 Description Quantity Rate Amount Petitions 10 .10 1.00 Paid In full Cash Initials: AW Total Paid $1.00 * INDIAN RIVER COUNTY RNN 17y J1 l.L EL E 4.Ti='1 d7 yU P SOPM f ,+q. o f � '��Z�PRa ����•y' J L E S L I E R O S S VV A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 LaDonna Corbin Invoice: 3578 Date: April 5, 2022 Description Quantity Rate Amount Petitions 19 .10 1.90 Paid In full Cash Initials: AW Total Paid $1.90 INDIAN RIVER COUNTY P E R""" Vrp S 0 k '[a of E L E CT;j N S L E S L I E R 0 S S W A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 431c' Avenue Vero Beach, FL 32967 W-11 Cynthia Gibbs Invoice: 3579 Date: April 5, 2022 Description Quantity Rate Amount Petitions 445 .10 44.50 Paid In full Ck 103 Initials: AW 30 :0 Rd Swlaz Total Paid $44.50 IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Robert Brackett RECEIPT SUPERVISOR Cl: E i~CUONS 2022 APR -5 PM 2-* 27 Invoice: 3580 Date: April 5, 2022 Qty Rate Amount Petitions for State 400 petitions $0.10 $40.00 House, District 34 Paid in full cash Processed by: kb $40.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 James Pruden INDIAN RIYE�R ['0UNTY SUPERVISOR 0;= EL.1uTIO��ti; 2022 APR -5 PM 4: 07 Invoice: 3581 Date: April 5, 2022 Description Quantity Rate Amount Petitions 24 $0.10 $2.40 Paid In full Check#1982 Initials: ko Total Paid $2.40 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 CRilWG Raymond Jacob Denzel RECEIPTINDIAN fijvc'..i4 C"OUH1'Y SUPERM E OF U."_t" LIQ . 2022 APR -S PM 4: 07 Invoice: 3582 Date: April 5, 2022 Description Quantity Rate Amount Petitions 8 $0.10 $.80 Paid In full Check#107 Initials: ko Total Paid $.80 RECEIPT114DIAN Rl'iER COUNTY Si1R€RVitlFi`:T!"OSS 2022 APR -6 PM 12 54 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3583 Date: April 6, 2022 Melissa Martz Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Check#1114 I Initials: ko Total Paid $.10 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Jacqueline Rosario S lv,. 2022 APR -6 PM' bZ Invoice: 3584 Date: April 4, 2022 Qty Rate Amount Petitions for Indian 1268 petitions $0.10 $126.80 River County School Board Paid in full Check #0100 Processed by: kb $126.80 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Joanne Terry UPERVfir; �J, L; TdO� 2022 APR -7 AN 10: 21 Invoice: 3585 Date: April 7, 2022 Description Quantity Rate Amount Petitions 132 $0.10 $13.20 Paid In full Check #1007 Initials: ko Total Paid $13.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Bonnie Jackson Invoice: 3587 Date: April 8, 2022 Description Quantity Rate Amount Petitions 4 $0.10 $.40 N i Paid In full: Check # 111 Initials: ko Total Paid: $.40 RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To Rebekah Jones Invoice: 3588 Date: April 8, 2022 Description Quantity Rate Amount Petitions 45 $0.10 $4.50 ^1a d Paid In full:„ Check # 1112 co ZZ t N Initials: ko Total Paid: $4.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc Invoice: 3589 Date: April 8, 2022 Description Quantity Rate Amount Petitions 12 $0.25 $3.00 ev N �u 00 Paid In full:' Check # 1928 -" c -n N Initials: ko Total Paid: $3.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Florida Education Champions 21-13 :.2021 OCT --1 'PH 1%.::03 Invoice: 3430 Date: October 1, 2021 Description Quantity Rate Amount Petitions 39 $0.20 $7.80 Paid In full Check #1289 Initials: ko Total Paid $8.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Thomas Kenny SUPEraN11�51 r YQYr€YOT�1ti0 x? 7022 APR — 8 PM 3: 19 Invoice: 3590 Date: April 8, 2022 Qty Rate Amount Petitions for Thomas 200 petitions $0.10 $20.00 Kenny, District 4 School Board Paid in full Check #1001 Processed by: kb $20.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Melissa Martz Invoice: 3591 Date: April 8, 2022 Description Quantity Rate Amount Petitions 15 $0.10 $1.50 Paid In full: Check # 1116 Initials: ko Total Paid: $1.50 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Thomas Kenny Invoice: 3596 Date: April 18, 2022 Description INDIAN RIVER COUNTY Petitions 250 FIE-z" i[1\011 I Ck 1002 150,'R-OF ELF"C'TIONS of ELECTI Initials: AW '4- V,PT AM 11: 17 L E S L I E R 0 S S W A Y S VV A N RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Thomas Kenny Invoice: 3596 Date: April 18, 2022 Description Quantity Rate —Amount Petitions 250 .10 25.00 Paid In full Ck 1002 Initials: AW Total Paid $25.00 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Melissa Martz RECEIPTINDIAN RIVER!I SUPER t'ISOR t i I-Ev NOKIS 2022 APR 18 PSI 12; 4a Invoice: 3599 Date: April 18, 2022 Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Check #1122 Initials: ko Total Paid $.40 * INDIAN RIVER COUNTY ���.� ;;� est `t n �' � �� � >; 'moi ((jj#[]r�, E r1t)r: /i}t f :, C LT /�� { 3. .y a'^,.'vS; '� 5V{;.' ��jSw 11 1 �4 c t.� IYfU�.'IG o f r E GSClSi 133 ''K';aD L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 W-11 Terri Barenborg Invoice: 3600 Date: April 18, 2022 Description Quantity Rate Amount Petitions 416 .10 41.60 Paid In full Ck 106 Initials: AW Total Paid $41.60 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 71 -EMO Erin Grall iF7MAIN iOVE , (,0iJi� r- ( SUPERViSC�R�O E c�_C.,:.TrWjq 2022 APR 19 PH 2; 05 Invoice: 3601 Date: April 19, 2022 Qty Rate Amount Candidate petitions 183 petitions $18.30 for Erin Grail, State Senate, District 29 Paid in full Check. #1380 Processed by: kb $18.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Cynthia Gibbs INOfA;,I P,i ` P COUNTY SUPERVJSOR OF ELECTION'; 2022 APR 19 PM 2: 17 Invoice: 3602 Date: April 19, 2022 Qty Rate Amount Candidate petitions 287 petitions $28.70 for Cynthia Gibbs, IRC School Board, District 2 Paid in full Check #104 Processed by: kb $28.70 IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Kimberly Walker RECEIPTINMAN RIVER Can -1 VIS,' LC E0�-OH 2022 AN 2 Q PM 12'. 3 4 Invoice: 3603 Date: April 20, 2022 Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Cash Initials: ko Total Paid $.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Thomas Lowther {HD1AN' RI V CIrI C;i UN, T Y SUPERVISOR OF t=i_�OI 2022 A1'R 20 AM 11: 49 Invoice: 3604 Date: April 20, 2022 Description Quantity Rate Amount Petitions $0.10 $ Petitions from Batch 1 20 $0.10 $2.00 (Invoice 3561) 15.00 Vote -by -mail ballot I data request form _ Paid In full Check #5011 Initials:AW Total Paid $ 17.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Thomas Lowther 1NO1AN F.'NER Ci UN' F Y SJbEl; tl F.t C i 10itit 2022 APP 22 Pty 3: 26 Invoice: 3607 Date: April 22, 2022 Qty Rate Amount Candidate petitions 447 petitions $44.70 for Thomas Lowther, County Commission District 4 Paid in full Check #5012 Processed by: kb $44.70 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Robert Brackett RECEIPT 1tk")1f'N i� i- ;l! �fy SUPERVtSt1,,; �> Ti r .;T, r, s 2022 APR 25 AIM(0: 57 Invoice: 3608 Date: April 25, 2022 Qty Rate Amount Candidate petitions 193 petitions $19.30 for Robert Brackett, state House Paid in full cash Processed by: kb $19.30 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Ruth Swanson SUP 2022 APR 27 PM 12: 03 Invoice: 3611 Date: April 27, 2022 Description Quantity Rate Amount Petitions 6 $0.10 $.60 Paid In full Check #618 Initials: ko IVER COUNTY RECEIPT INDIAN RE WW" Rate Amount o f E 11 .10 I A f� R� V't R C �i U jNjj'f y I OE -i " �HRMWT .i?22 'PM Paid In full APR .2 7 1: 3 8 L E S L I E R 0 S S W A Y S W A N IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 01we Jacqueline Rosario Invoice: 3612 Date: April 27, 2022 Description Quantity Rate Amount Petitions 106 .10 $10.60 Paid In full Ck 1000 Initials: AW Total Paid $10.60 INDIAN RIVER COUNTY 'tmn �Ivinx R V I 0 1 UZ of L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To Thomas Kenny Description Quantity C= Amount Petitions 250 .10 $25.00 Paid In full co <Z1 Ck 1004 Initials: AW (7; Invoice: 3615 c -n Date: April 28, 2022 Total Paid $25.00 Description Quantity Rate Amount Petitions 250 .10 $25.00 Paid In full Ck 1004 Initials: AW Total Paid $25.00 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Iffill• Teri Barenborg Invoice: 3617 Date: April 28, 2022 Description INDIAN RIVER COUNTY Amount ;b! '301 U P 1E. I R V' I ' " S"" of E 0 N <> L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Iffill• Teri Barenborg Invoice: 3617 Date: April 28, 2022 Description Quantity Rate Amount Petitions 350 .10 $35.00 <> iV co Paid In full Ck 4590 Initials: AW Total Paid $35.00 * INDIAN RIVER COUNTY R V 1 40" ELECTIONS L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Cynthia Gibbs a Quantity Rate Amount Petitions 223 .10 $22.30 Remaining balance due 12 $1.20 co car 3602/batch 4 Invoice: 3618 rid, Paid In full C7 Date: April 28, 2022 Ck 106 Description Quantity Rate Amount Petitions 223 .10 $22.30 Remaining balance due 12 $1.20 From Invoice 3602/batch 4 Paid In full Ck 106 Total Paid $23.50 Initials: AW RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Thomas Lowther Invoice: 3619 Date: April 29, 2022 Description INDIAN RIVER COUNTY Rate Amount E 218 .10 $21.80 of EE' � 17 '� t';' N L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Thomas Lowther Invoice: 3619 Date: April 29, 2022 Description Quantity Rate Amount Petitions 218 .10 $21.80 Cn cm N -UC;' <i> Paid in full ILO Ck 5013 Initials: AW Total Paid $21.80 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Jacqueline Rosario INDIAN RIVER COUNTY GO !Z9 F'E :PP 0 On Paid in full of. tn.ECTIONS Ck 1002 <: Invoice: 3620 Date: April 29, 2022 C.0 L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Jacqueline Rosario Description GI) Nag GO !Z9 46 :PP 0 $4.60 Paid in full Ck 1002 <: Invoice: 3620 Date: April 29, 2022 C.0 Total Paid $4.60 Description Quantity Rate Amount Petitions 46 .10 $4.60 Paid in full Ck 1002 Initials: AW Total Paid $4.60 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 1011i�7 Joseph Hannoush ,1012 SPR 29 p 4.44 Invoice: 3621 Date: April 29, 2022 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check #138 Initials: ko Total Paid $.20 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Cindy Banyai r RE C El PInTl',"N RIVER COUNTY SUPERVISE 10 E LLC"f fONS 2022 APR 29 PN 4: 44 Invoice: 3622 Date: April 29, 2022 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check#1031 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 111-114111169 Jacqueline Rosario S;JPERVIS0 ; G�� i:i_PCTf7r�. 2022 MAY -2 PM 2= 17 Invoice: 3623 Date: May 2, 2022 Qty Rate Amount Candidate petitions 75 $0.10 $7.50 for Jacqueline Rosario Paid in full Check #1003 Processed by: kb $7.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 R Cynthia Gibbs 7022 MAY -2 Phi 2-- 43 Invoice: 3624 Date: May 2, 2022 Qty Rate Amount Candidate petitions 85 $0.10 $8.50 for Cynthia Gibbs Paid in full Check #1007 Processed by: kb $8.50 RECEIPTS INDIAN Rf",'tE �.I�10?1TY i1PER1 Iw(�„ �,I- �_l.�'MONS 2022 MAY -2 PFS 4: 10 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Invoice: 3625 Date: May 2, 2022 Kimberly Walker Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full CASH Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Tom Vail 10721�AY �� PH 4: �0 Invoice: 3626 Date: May 2, 2022 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check # 1027 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 • Erin Grall 1 11 X11 �}li""'-f-P, i U�1.TY .`I.��. $Ui'ERId ,, ,. 202 3 Ali 11 55 Invoice: 3b2.4_. Date: May -3, 2022 Qty Rate Amount Candidate petitions 800 $0.10 $80.00 for Erin Grall Paid in full Check #1388 Processed by: kb $80.00 Bill To Jacqueline Rosario Invoice: 3628 Date: May 4, 2022 Description INDIAN RIVER COUNTY Amount Petitions lusa- 4; Erill. $2.80 Paid In full Ck 1004 Initials: AW of E I'L.. "t! C." " -'t S Total Paid $2.80 L E S L I E R 0 S S W A Y S W A N e-, C -- RECEIPT M MR . I < Z-75 mrd IRC Supervisor of Elections 4375 431d Avenue Vero Beach, FL 32967 < Bill To Jacqueline Rosario Invoice: 3628 Date: May 4, 2022 Description Quantity Rate Amount Petitions 28 .10 $2.80 Paid In full Ck 1004 Initials: AW Total Paid $2.80 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Jennifer "Rita" Harris RECEIPT Description Quantity Rate Amount Petitions 11 $.10 $1.10 Paid In full CASH Invoice: 3629 Date: May 4, 2022 Description Quantity Rate Amount Petitions 11 $.10 $1.10 Paid In full CASH Initials: ko Total Paid $1.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Tayari Appiah Invoice: 3630 Date: May 4, 2022 �rtr� Description Quantity Rate Amount Petitions 1 $.10 $.10 Paid In full CASH Initials: ko Total Paid $.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Cory Mills A � Invoice: 3631 Date: May 4, 2022 Description Quantity Rate Amount Petitions 6 $.10 $.60 Paid In full Check # 7891 Initials: ko Total Paid $.60 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc RECEIPT Description Quantity Rate rt1 C 7 Invoice: 3632 1 ;� $.25 a Date: May 4, 2022 Check # 2008 Initials: ko Description Quantity Rate Amount Petitions 1 $.25 $.25 Paid In full Check # 2008 Initials: ko Total Paid $.25 RECEIPT IRC Supervisor of Elections 4375 43`d Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc cn fi=r. SI?`r r� ra Invoice: 3633 ` Date: May 4, 2022 .n Description Quantity Rate Amount Petitions 1 $.25 $.25 Paid In full Check # 1967 Initials: ko Total Paid $.25 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Cynthia Gibbs Invoice: 3634 Date: May 4, 2022 Description INDIAN RIVER COUNTY Amount Petitions U .10 $3.20 C= � BLit: of•7 (-^ta L E �C�:,�,. 4_ti'SB.a' Al �'1a �LY `f. F� �'f L^� �^y'•',� 2:E? 'l{ L E S L I E P, 0 S S VV A Y S W A N RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Cynthia Gibbs Invoice: 3634 Date: May 4, 2022 Description Quantity Rate Amount Petitions 32 .10 $3.20 C= 2:E? Paid In full Ck 108 TI, Initials: AW Total Paid $3.20 * INDIAN RIVER COUNTY k laiu' Of Ybkd.S:gs'Y.SSIp Lif73t'! I--�"i,.' t u.,i L E S L I E R O S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Robert Brackett Invoice: 3635 Date: May 4, 2022 Description Quantity Rate Amount Petitions 56 .10 $5.60 ,� to o � N 'dam 1V i't7 e--. CD Paid In full Cash �n Initials: AW Total Paid $5.60 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Gene Posca SUPER 2022 HA Y -4 PH 4: 23 Invoice: 3636 Date: May 4, 2022 Qty Rate Amount Candidate petitions 1,220 $0.10 $122.00 for Gene Posca Paid in full cash Processed by: kb $122 RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 M.WG Thomas Kenny Uot'di?itis` 2022 MAY -4 PM 4: 35 Invoice: 3637 Date: May 4, 2022 Qty Rate Amount Candidate petitions 196 $0.10 $19.60 for Thomas Kenny Paid in full Check #1008 Processed by: kb $19.60 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 JoAnne Terry SUP ER I S Ili OF r f..EC i to N C: 2022 MAY -5 PM 2: 53 Invoice: 3638 Li Q Date: May 2022 I Qty Rate Amount Candidate petitions 122 $0.10 $12.20 for JoAnne Terry, US House Paid in full Check #1009 Processed by: kb $12.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Carlos Guillermo Smith 0c 1 limoici 2022 MA Y -5 Pill -3: 4 t Invoice: 3640 Date: May 5, 2022 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check # 1022 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 [all� Thomas Lowther Invoice: 3641 Date: May 5, 2022 Qty Rate Amount Candidate petitions 161 $0.10 $16.10 for Thomas Lowther Paid in full Check #5414 Processed by: kb $16.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 AWS Cynthia Gibbs $jjaG��f'. R.i '1 (fiulq r 1 I ...'� ! f�Lr 2022 t'A Y - 6 AH 10:1{ 5 Invoice: 3642 Date: May 6, 2022 Qty Rate Amount Candidate petitions 5 $0.10 $0.50 for Cynthia Gibbs Paid in full cash Processed by: kb $0.50 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Anna Jean Kirkland �t-LLTtQ,et 2021 MA Y -. 6 PH Invoice: 3643 Date: May 6, 2022 Qty Rate Amount Candidate petitions 32 $0.10 $3.20 for Anna Jean Kirkland Paid in full cash Processed by: kb $3.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Teri Barenborg SUPR�ra�+� CT f Y �i; :s,lt3t, 2022 M.A Y -5 Pik 1: 4 i Invoice: 3644 Date: May 6, 2022 Qty Rate Amount Candidate petitions 239 $0.10 $23.90 for Teri Barenborg Paid in full Check 127 Processed by: kb $23.90 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Carolynn Zonia RECEIPTI N fU 1 A N 811'42E f k C 01, U HT y 2022 MAY -G Phi 2: 43 Invoice: 3645 Date: May 6, 2022 Description Quantity Rate Amount Petitions 9 $0.10 $.90 Paid In full Check # 1037 Initials: ko Total Paid $.90 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Seth Densen RECEIPT .. inti Ia A- �` R;�°#�!-� i;iJ•1'ra r �,f❑ r.O O c1r f x, Vi ��irji�..rvi: Lt i... -.�_� : i�l1iE,7 2022 MAY -6 PM 2: 43 Invoice: 3646 Date: May 6, 2022 Description Quantity Rate Amount Petitions 5 $0.10 $.50 Paid In full Check # 1023 Initials: ko Total Paid $.50 * INDIAN RIVER COUNTY 1 t-)J� f 1 L. kt-:'-E'R R'V' ! a � C -1, S 0 Fps'; �i R S L E S L I E R O S S W A Y S W A N Nz RECEIPT= r :xj 70 IRC Supervisor of Elections. 437543rd Avenue t-0 Vero Beach, FL 32967—{ w :n (:1111110.7 Thomas Kenny Invoice: 3647 Date: May 9, 2022 Description Quantity Rate Amount Petitions 366 .10 $36.60 Paid In full Ck 301 Initials: AW, Total Paid 3.60 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Kimberly Walker RECEIPT NLn Quantity Rate Amount Petitions 2 . � Q, Paid In full crt Cash rT,r. {- C,.1 f4 7 C. Invoice: 3648 Date: May 9, 2022 Total Paid $.20 Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Cash Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Nathan Robertson w 0 N N 3r+ T.; cs cn Invoice: 3649 Date: May 9, 2022 d' Description Quantity Rate - Amount Petitions 2 $0.10 $.20 Paid In full Cash Initials: ko Total Paid $.20 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Victor Torres RECEIPT N� -_ Rate - Amount Petitions 2 $0.10 $.20 Paid In full t CD Check # 8489 C;J,77 Initials: ko 7 fi7 Invoice: 3650 ..;, Date: May 9, 2022; c� Total Paid $.20 t Description Quantity Rate - Amount Petitions 2 $0.10 $.20 Paid In full Check # 8489 Initials: ko Total Paid $.20 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Margaret Schiller (Peggy) RECEIPT N � C rev � Petitions 7 $0.10 $.70 Paid In full 1 9:7U Check # 1067 Initials: ko rF, �:^I Invoice: 3651 Date: May 9, 2022 Total Paid $.70 Description Quantity Rate - Amount Petitions 7 $0.10 $.70 Paid In full Check # 1067 Initials: ko Total Paid $.70 lu INDIAN RIVER COUNTY rr r.-a�f 6 O at 4 L E S L I E R O S S W A Y S W A N cn o c F RECEIPT N m IRC Supervisor of Elections C>r'i 4375 43rd Avenue Vero Beach, FL 32967 Bill To Invoice: 3652 Date: May 9, 2022 Gene Posca Description Quantity Rate Amount Petitions 238 .10 $23.80 Petitions from invoice 10 $1.00 3636 Paid In full cash Initials: AW Total Paid $24.80 IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 W Lamarre Notargiacomo For Alex Newman RECEIPT W Invoice: 3653 Date: May 9, 2022 Description INDIAN RIVER COUNTY _4 ..' 1M L � of E P"' L E R V C11- N S L E S L I E R 0 S S W A Y S W A N IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 W Lamarre Notargiacomo For Alex Newman RECEIPT W Invoice: 3653 Date: May 9, 2022 Description Quantity Rate Amount Petitions 27 .10 $2.70 Paid in full cash Initials: AW Total Paid $2.70 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Julie R. Barone For Carolyn Zonia Invoice: 3654 Date: May 10, 2022 Description INDIAN RIVER COUNTY Amount U P E of ELE F�-- CTION� .10 L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Julie R. Barone For Carolyn Zonia Invoice: 3654 Date: May 10, 2022 Description Quantity Rate Amount Petitions 27 .10 $2.70 Paid In full cash Initials: AW Total Paid $2.70 * INDIAN RIVER COUNTY Petitions 4 WA 61 $.40 Paid In full i � .'� Of M�2 �h C `FY ^11..1,'' lT. t,l Initials: AW ��LR•!1 I ..5- L E S L I E IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Julie R. Barone For Jennifer "Rita" Harris R O S S W A Y S VV A N N Cn RECEIPT' rr � _, to u-< Invoice: 3655 Date: May 10, 2022 Description Quantity Rate Amount Petitions 4 .10 $.40 Paid In full cash Initials: AW Total Paid $.40 INDIAN RIVER COUNTY ki P 'ElEzER", `kaifl "0 of E "i". r-P..:�.: i o s L E S L I E IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Julie R. Barone For Corinna Balderarnas Robinson R 0 S S VV A Y S VV A N RECEIPT Invoice: 3656 Date: May 10, 2022 U) 91 Description Quantity Rate Amount Petitions 1 .10 $.10 Paid In full cash Initials: AW Total Paid $.10 INDIAN RIVER COUNTY L)'. P E FrZ- V I S('.""�)$ ER' -144,1 , , '*1 ot- of E L E C!"T"21, OI.N;r N S L E S L I E IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Bill To Julie R. Barone For Danielle Hawk R 0 S S W A Y S W A N RECEIPT Invoice: 3657 Date: May 10, 2022 EE C) -< 7C U'l Description Quantity Rate Amount Petitions 15 .10 $1.50 Paid In full cash Initials: AW Total Paid $1.50 INDIAN RIVER COUNTY '-7 L 0f W zw k L E S L I E R 0 S S W A Y S W A N RECEIPT IRC Supervisor of Elections C7 4375 43rd Avenue Vero Beach, FL 32967 til Bill To Julie R. Barone For Carlos Guillermo Smith Invoice: 3658 Date: May 10, 2022 Description Quantity Rate Amount Petitions 31 .10 $3.10 Paid In full cash Initials: AW Total Paid $3.10 INDIAN RIVER COUNTY 1, U P Quantity Rate Amount Petitions 7 10 $.70 Paid In full LZA'a k O N S cash Cn X-- Initials: AW Mj L E S L I E FZ 0 S S W A Y S W A N Total Paid $.70 RECEIPT Ct IRC Supervisor of Elections < 437543 d Avenue Vero Beach, FL 32967 Julie R. Barone For Raymond Jacob Denzel Invoice: 3659 Date: May 10, 2022 Description Quantity Rate Amount Petitions 7 10 $.70 Paid In full cash Initials: AW Total Paid $.70 RECEIPT Bill To Jack Achenbach Invoice: 3660 Date: May 10, 2022 Description Quantity CA Amount N C� $0.10 $2.30 Paid In full Check # 1032 Initials: ko IRC Supervisor of Elections CD Total Paid $2.30 4375 43 d Avenue Vero Beach, FL 32967 o Z5 -< ... :r_ r r.. Bill To Jack Achenbach Invoice: 3660 Date: May 10, 2022 Description Quantity Rate Amount Petitions 23 $0.10 $2.30 Paid In full Check # 1032 Initials: ko Total Paid $2.30 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Wendy June Schmeling -v N Invoice: 3661 Date: May 11, 2022 ter:: Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full Check # 215 Initials: ko Total Paid $.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Carlos Guillermo Smith iV O Invoice: 3662 Date: May 11, 2022 Cn •J < 7� Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check # 1041 Initials: ko Total Paid $.20 RECEIPT Quantity Rate Amount a �_ -0 - $0.10 $.10 «= CASH C:7 Initials: ko IRC Supervisor of Elections 4375 43rd Avenue Total Paid $.10 Vero Beach, FL 32967 (M 7 LO Invoice: 3663 Date: May 11, 2022 Tayari Appiah Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full CASH Initials: ko Total Paid $.10 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Danielle Hawk RECEIPT N G�7 C O Amount N � v $0.10 $1.50 ..< Zo:X .,., V3' 7 Check # 1070 < Initials: ko N CD C Invoice: 3665 Date: May 11, 2022 Description Quantity Rate Amount Petitions 15 $0.10 $1.50 Paid In full Check # 1070 Initials: ko Total Paid $1.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Thomas Kenny A 3tJPcR�li�O;,r?' v'-�!1i'dt`Y. 20�Z HAY Ij PH 4: 39 . Invoice: 3666 Date: May 11, 2022 Qty Rate Amount Candidate petitions 230 $0.10 $23.00 for Thomas Kenny Paid in full Check 302 Processed by: kb $23.00 IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Erin Grail RECEIPT Qty Rate Amount Candidate petitions 571 m $57.10 � L+S Paid in full Invoice: 3667-�; Date: May 12, 2022 Qty Rate Amount Candidate petitions 571 $0.10 $57.10 for Erin Grall Paid in full Check 1399 Processed by: kb $57.10 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Joanne Terry 11401 A lii41IM\{ :j'' t :i t i y SUPER' 15l't R 0F' ?_" LI 'Ur-; 2022 MAY 1 Z PM 1: 40 Invoice: 3668 Date: May 12, 2022 (Qty Rate Amount Candidate petitions 32 $0.10 $3.20 for Joanne Terry Paid in full Check 1059 Processed by: kb $3.20 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Lamarre Notargiacomo For Alex Newman RECEIPT INDIAN RIVER COUNTY t-` E., 69 R V Paid In full im �& O✓ ELEC-1-0 cash NS L E S L I E R 0 S S VV A Y S VV A N IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Lamarre Notargiacomo For Alex Newman RECEIPT Quantity Rate Amount Petitions 69 .10 $6.90 Paid In full cash Initials: AW r%) Total Paid $6.90 Invoice: 3669 Date: May 12, 2022 Description Quantity Rate Amount Petitions 69 .10 $6.90 Paid In full cash Initials: AW Total Paid $6.90 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Megan Angel Petty Invoice: 3670 Date: May 12, 2022 Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Check # 130 Initials: ko Total Paid $.10 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Kimberly Walker RECEIPT Description Quantity Rate Amount xv. <> -< coz Paid In full �� �x N) Cash Invoice: 3671 i' M Date: May 12, 2022 Cn -C rte, Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full Cash Initials: ko Total Paid $.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Jennifer Raybon 0 -v w N C.n Invoice: 3672 Date: May 12, 2022 Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Cash Initials: ko Total Paid $.40 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Allek Pastrana RECEIPT o� Quantity N rn� Petitions 19 $0.10 $1.90 Paid In full N �< Initials: ko r— C� GJ r'�c Invoice: 3673 Total Paid $1.90 _n Date: May 12, 2022 Description Quantity Rate Amount Petitions 19 $0.10 $1.90 Paid In full Ck # 109 Initials: ko Total Paid $1.90 Bill To Hillary Cassel Invoice: 3674 Date: May 12, 2022 Description RECEIPT Rate Amount Petitions 4 $0.10 $.40 N Ck # 126 1-0 Initials: ko Total Paid $.40 IRC Supervisor of Elections 4375 43,d Avenue <`= Vero Beach, FL 32967 Bill To Hillary Cassel Invoice: 3674 Date: May 12, 2022 Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Ck # 126 Initials: ko Total Paid $.40 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Jack Achenbach For Kimberly Walker, Danelle Dodge and Carolynn Zonia RECEIPT NDCn Quantity N "O Petitions: Kimberly Walker 5 $0.10 $.50 N CJ fY`, r $0.10 $.20 Carolynn Zonia 4 $0.10 $.40 Paid In full y .ry,. Invoice: 3675 Date: May 12, 2022 Description Quantity Rate Amount Petitions: Kimberly Walker 5 $0.10 $.50 Danelle Dodge 2 $0.10 $.20 Carolynn Zonia 4 $0.10 $.40 Paid In full Ck # 240 Initials: ko Total Paid $1.10 RECEIPT IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 Thomas Kenny N CMD INDIAN RIVER COUNTY Amount Petitions 31 F 4 E $3.10 Paid in full Ck 303 3 oRECz, f N F.% "ITa''. C- Invoice: 3676 SIP Date: May 12, 2022 CD Total Paid $3.10 L E S L I E R 0 S S VV A Y S VV A N RECEIPT IRC Supervisor of Elections 4375 43 d Avenue Vero Beach, FL 32967 Thomas Kenny N CMD CIO Rate Amount Petitions 31 .10 $3.10 Paid in full Ck 303 Initials: AW Invoice: 3676 SIP Date: May 12, 2022 CD Total Paid $3.10 Description Quantity Rate Amount Petitions 31 .10 $3.10 Paid in full Ck 303 Initials: AW Total Paid $3.10 IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To Stephanie L. Dukes RECEIPT eV 4� Rate C Petitions 11 $0.10 $1.10 Paid In full C14 . :. C Invoice: 3677 Date: May 13, 2022 ±- dY_ Description Quantity Rate Amount Petitions 11 $0.10 $1.10 Paid In full Check # 1027 Initials: ko Total Paid $1.10 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Carolynn Zonia RECEIPT Description Quantity Rate Amount Petitions 7 $0.10 $.70 Paid In full Check # 242 Initials: ko rj r_i Total Paid $.70 Invoice: 3678 CD w Date: May 13, 2022 �; Description Quantity Rate Amount Petitions 7 $0.10 $.70 Paid In full Check # 242 Initials: ko Total Paid $.70 IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To Cindy Banyai RECEI P; o Quantity Gf1u;�r ,C7, gS�pEp'F��IF;��F� . pp C FJ Y 3 PN My CA) -a Invoice: 3679 Date: May 13, 2022`• . C'] .- - Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Check # 1072 Initials: ko Total Paid $.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Christine Quinn N H rn Invoice: 3680 Date: May 13, 2022 zi 4.— : f ^Ji Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Cash Initials: ko Total Paid $.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Invoice: 3681,,' Date: May 13, 2022 �L �i Byron Donalds r.� y Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Cash Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections Quantity Rate 437543 d Avenue Petitions 4 Vero Beach, FL 32967 o v . rn no Check 116 Initials: ko Bill To Total Paid $.40 Invoice: 3682 Date: May 13, 2022 rT�� Maxwell Alejandro Frost •• �?;d a r, Description Quantity Rate Amount Petitions 4 $0.10 $.40 Paid In full Check 116 Initials: ko Total Paid $.40 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Shawn Frost For Byron Donalds r- tn Invoice: 3.683 Date: May 13, 2022 ME Qty Rate Amount Candidate petitions 75 $0.10 $7.50 for Byron Donalds Paid in full Cash Processed by: kb $7.50 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Aaron Fenwich RECEIPT a_ "W Qty N -max x� r $0.10 $5.80 for Aaron Fenwich rt'S Paid in full �Il.. Invoice: 3684 Date: May 16, 2022�� Qty Rate Amount Candidate petitions 58 $0.10 $5.80 for Aaron Fenwich Paid in full Check 2703 Processed by: kb $5.80 RECEIPT IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Joanne Terry 271 MA Y �- ! �!0.28 Invoice: 3685 Date: May 16, 2022 Qty Rate Amount Candidate petitions 7 $0.10 $0.70 forJoanne Terry Paid in full Check 1074 Processed by: kb $0.70 IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Lauren Melo RECEIPT N C= Rate Amount Petitions 5 $0.10 $.50 Paid In full m E;; Check 1052 �r'r' Invoice: 3686 -i Date: May 16, 2022 v Description Quantity Rate Amount Petitions 5 $0.10 $.50 Paid In full Check 1052 Initials: ko Total Paid $.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To James L. Pruden Q N N M CD cn Invoice: 3687 Date: May 16, 2022 Description Quantity Rate Amount Petitions 1 $0.10 $.10 Paid In full Check 2079 Initials: ko Total Paid $.10 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Drew-Montez Clark N C N N 3�+ AR, O Invoice: 3688 Date: May 16, 2022 Cn C moi..._ Description Quantity Rate Amount Petitions 2 $0.10 $.20 Paid In full Check 1094 Initials: ko Total Paid $.20 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Darlene Swaffar N O tV N qtr i--14 a .at Invoice: 3689 Date: May 16, 2022 Description Quantity Rate Amount Petitions 20 $0.10 $20'60 Paid In full Check 867 Initials: ko G Total Paid $7A:06— RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Aaron B. Fenwick w Ci Invoice: 3690 Date: May 16, 2022 Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full Check 266 Initials: ko Total Paid $.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Seth Densen Invoice: 3691 Date: May 16, 2022 2022 HA Y 16 AM 1l: 12 Invoice: 3691 Date: May 16, 2022 Qty Rate Amount Candidate petitions 1 $0.10 $0.10 for Seth Densen Paid in full Check 1060 Processed by: kb $0.10 RECEIPT IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Kimberly Walker Invoice: 3693 Date: May 17, 2022 Kfi Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full Cash Initials: ko Total Paid $.30 RECEIPT IRC Supervisor of Elections 437543 rd Avenue Vero Beach, FL 32967 Bill To Sensible Florida SU ;R%/ lid `' P -' Jig}fir` 2022 HAY 19 PM 4: 3g Invoice: 3692 Date: May 19, 2022 Description Quantity Rate Amount Petitions 5 $0.25 $1.25 Paid In full Check 2022 Initials: ko Total Paid $1.25 RECEIPT Quantity Rate Amount Petitions 8 $0.25 $2.00 Paid In full Check 2070 Initials: ko Total Paid $2.00 Qn C.) ; Vi -I ;r IRC Supervisor of Elections 437543 rd Avenue�:< Vero Beach, FL 32967 OR Bill To Sensible Florida Inc Invoice: 3695 Date: May 25, 2022 Description Quantity Rate Amount Petitions 8 $0.25 $2.00 Paid In full Check 2070 Initials: ko Total Paid $2.00 RECEIPT IRC Supervisor of Elections 4375 4311 Avenue Vero Beach, FL 32967 Bill To Christine Olivo list -IAN ts'�cki;;)V�I;�i SUP VI";' Or r' M,Ti^'�;, 2027 MAY 26 Ali i 1 : 24 Invoice: 3696 Date: May 16, 2022 Description Quantity Rate Amount Petitions 3 $0.10 $.30 Paid In full CASH Initials: ko Total Paid $.30 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Sensible Florida Inc. F F� SUPERVISOR 21022 MAY 31 2.01 Invoice: 3698 Date: May 31, 2022 Description Quantity Rate Amount Petitions 2 $0.25 $.50 Paid In full Check#2086 Initials: ko Total Paid $.50 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc i i"X;1AH R!♦f4_it k. 111 T=_jF rtt �PE{,Rry nrr,..'r J UI�Lf'1 t1i .tai 2022 JUN 27 PM 1:34 Invoice: 3722 Date: June 27, 2022 Description Quantity Rate Amount Petitions 10 $0.25 $2.50 Paid In full CHECK# 2139 Initials: ko Total Paid $2.50 IRC Supervisor of Elections 4375 43,d Avenue Vero Beach, FL 32967 Bill To Sensible Florida, Inc RECEIPT Quantity Rate Amount Petitions Y $.25 $1.25 Paid In full 20 JUL 26 All 9: 14 Invoice: 3729 Date: July 26, 2022 VO Description Quantity Rate Amount Petitions 5 $.25 $1.25 Paid In full CHECK # 2191 Initials: ko Total Paid $1.25 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 11111111111111106 Karen Marcil ikiji."i V 2022 A LIG — br ID 3: u fl Invoice: 3736 Date: August 4, 2022 Description Quantity Rate Amount Petitions 537 $0.25 $134.25 Paid In full Check#5674 Initials: ko Total Paid $134.25 RECEIPT IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Karen Marcil U r: 20Z�ti —g Ptd Invoice: 3738 Date: Aug. 8, 2022 Qty Rate Amount Petitions 526 $0.25 $131.50 Paid in full Check #5675 Processed by: kb $$131.50 IRC Supervisor ofElections 4375 43,d Avenue Vero Beach, FL32967 Karen Marcil 3UPER��"SCF�QF[LECTi3�� 2027 AUG |O PH 1: .7 Invoice: 3739 Date: August 10, 2022 Description Quantity Rate Amount Petitions 241 $0.25 $60.25 Paid In full Initials: ko Total Paid $60.25 RECEIPT .,!. IRC Supervisor of Elections 437543 d Avenue Vero Beach, FL 32967 Karen Mard] S, U 10 EIR, 2022 U 02" AM' 12 FM 12.35 Invoice: 3743 Date: August 12, 2022 Description Quantity Rate Amount Petition 12 .25 $3.00 Paid In full CASH Initials.- ko Total Paid $3.00 / IRC Supervisor ofElections 43754]m Avenue Vero Beach, FL]2967 Invoice: 3744 Date: August 15, 2022 Leslie Tilley VBPreservation Alliance Description Quantity Rate Amount Balance from Invoice IRC Supervisor ofElections 43754]m Avenue Vero Beach, FL]2967 Invoice: 3744 Date: August 15, 2022 Leslie Tilley VBPreservation Alliance Description Quantity Rate Amount Balance from Invoice Paid In full CASH Initials: ko Total Paid $2.25 RECEIPT IRC Supervisor of Elections 4375 43r8 Avenue Vero Beach, FL 32967 FOWS, Sensible Florida Inc. 2�22 AUG 19 Invoice: 3745 Date: August 19, 2022 Description Quantity Rate Amount Petitions 3 .25 .75 Paid In full CHECK # 2268 Initials: ko Total Paid $1.50 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Hearings - B.C.C. 9.13.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 6, 2022 ATTORNEY SUBJECT: Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE BACKGROUND. On July 18, 2022, Jonathan Johnson submitted to Indian River County a Petition to Establish the LP Community Development District ("Petition"). The proposed district under the submitted Petition would cover approximately 502.47 acres of land, located generally south of County Road 510, west of 58th Avenue, north of 77th Street and east of 82nd Avenue. The property is owned by Ryall Acquisition Group, LLC. On September 1, 2022, Mr. Johnson verbally requested a deferral of the item, which was followed up with a formal request on September 2, 2022 for a deferral until October 18, 2022. County staff is supportive of the requested deferral. RECOMMENDATION. The County Attorney's Office recommends that the Board open the public hearing, take any comments and continue the public hearing until October 18, 2022 and take no action on the Petition. ATTACHMENT(S). Petition to Establish the LP Community Development District Letter from Jonathan T. Johnson, Esq. to Dylan Reingold, dated September 2, 2022 C. W—ittuU.e&WSV31T&vl7185d2OO-1413-4Oa1-8cac 5Od438d12bfdx 458 PETITION TO ESTABLISH LP COMMUNITY DEVELOPMENT DISTRICT Submitted By: Jonathan T. Johnson Florida Bar No. 986460 Jonahan.Johnson@Kutakrock.com Kutak Rock LLP 107 West College Avenue Tallahassee, Florida 32301 (850) 692-7301 (telephone) (850) 692-7319 (facsimile) Attorneys for Petitioner 459 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETITION TO ESTABLISH THE LP COMMUNITY DEVELOPMENT DISTRICT Petitioner, Ryall Acquisition Group, LLC, a Florida limited liability company authorized to transact business in the state of Florida (hereafter "Petitioner"), hereby petitions the Indian River County Board of County Commissioners pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, to establish a community development district (hereafter "District") with respect to the land described herein. In support of this petition, Petitioner states: 1. Location and Size. The proposed District is located entirely within Indian River County, Florida. Exhibit 1 depicts the general location of the project. The proposed District covers approximately 502.47 acres of land. The site is generally located south of County Road 510/85th Street, west of 58th Avenue, north of State Road 60 and east of 82nd Avenue. The metes and bounds description of the proposed external boundaries of the District is set forth in Exhibit 2. 2. Excluded Parcels. There is one outparcel located within the external boundaries of the proposed District which is to be excluded from the District. The name and address of the property owner, as well as the legal description, are provided at Exhibit 3. Establishment of the District will have no adverse impact on the excluded parcel. 3. Landowner Consent. Petitioner has obtained written consent to establish the District from the owners of one hundred percent (100%) of the real property located within the boundaries of the proposed District, in accordance with Section 190.005, Florida Statutes. 1 460 Documentation of this ownership and consent to the establishment of a community development district is contained in Exhibit 4. 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Vinny Olmstead Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 Name: Chad Kelly Address: P.O. Box 5200 Vero Beach, Florida 32961 Name: Andrew Kennedy Address: 2050 US Highway 1, Suite 200 Vero Beach, Florida 32960 Name: Wendy Coya Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 Name: Trey Olmstead Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 All of the above -listed persons are residents of the state of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is LP Community Development District. 6. Future Land Uses. The general distribution, location, and extent of the public and private future land uses proposed for the District, in accordance with the future land use plan element of the County's Future Land Use Plan, is identified in Exhibit 5. The proposed land uses for lands contained within the proposed District are consistent with the approved Indian River County Future Land Use Plan. 2 461 7. Major Water and Wastewater Facilities. Exhibit 6 shows the existing and proposed major trunk water mains, sewer interceptors, and outfalls serving the lands within and around the proposed District. 8. District Facilities and Services. Exhibit 7 describes the type of facilities Petitioner presently expects the proposed District to finance, fund, construct, acquire and/or install, as well as the anticipated entity responsible for ownership and maintenance. The estimated costs of constructing the infrastructure serving land within the proposed District are identified in Exhibit 8. At present, these improvements are estimated to be made, acquired, constructed and/or installed from 2022 to 2027. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in the economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory l�ry Costs. Exhibit 9 is the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541, Florida Statutes. The SERC is based upon presently available data. The data and methodology used in preparing the SERC accompany it. 10. Authorized Agent. The Petitioner is authorized to do business in Florida. Exhibit 10 identifies the authorized agent for the Petitioner. Copies of all correspondence and official notices should be sent to: Jonathan T. Johnson Jonathan.Johnson@Kutakrock.com Kutak Rock LLP 107 West College Avenue Tallahassee, Florida 32301 C 462 11. Guidelines Compliance. Exhibit 11 contains correspondence describing the Petitioner's compliance with the Indian River County Community Development District Guidelines. 12. This petition to establish the LP Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the Indian River County Comprehensive Plan. b. The area of land within the proposed District is part of a planned community. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. C. The establishment of the District will prevent the general body of taxpayers in Indian River County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the District. The District is the best alternative for delivering community development services and facilities to the proposed community without imposing an additional burden on the general population of the local general- purpose government. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District's services and facilities. 4 463 e. The area to be served by the proposed District is amenable to separate special - district government. WHEREFORE, Petitioner respectfully requests the County Commission of Indian River County, Florida to: a. schedule a public hearing in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; b. grant the petition and adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes; and C. grant such other relief as appropriate. [Remainder of page intentionally blank] E 464 RESPECTFULLY SUBMITTED, this 181" day of July, 2022. KUTAK ROCK LLP Jonathan T. Johnson Jonathan.johnson@kutakrock.com Florida Bar No. 986460 107 West College Avenue Tallahassee, Florida 32301 (850) 692-7301 (telephone) (850) 692-7319 (facsimile) Attorney for Petitioner G 465 i- :.- , , 0 466 Z 0 Q U J IL IL Q n. Q � � N 00 a w Z -1a V 0 > w w 0 z uj �o 0 o� atl W wrZ w J I `W cc Dnp�Eoll AwaA OOJ—bILL\aOtl�\.tea\M� Al — bIL].\ECAC\��aNa�\�\:1 r 468' LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AND SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00032'55" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 37.26 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 86°40'22" EAST, A DISTANCE OF 55.06 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE SOUTH RIGHT-OF-WAY LINE OF 85TH STREET AS SHOWN ON THE RIGHT-OF-WAY MAP RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH RIGHT- OF-WAY LINE OF 85TH STREET, A DISTANCE OF 407.85 FEET, TO AN INTERSECTION WITH THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1586, PAGE 1974, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°32'51" WEST ALONG SAID EAST LINE, A DISTANCE OF 730.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 770 FEET OF SAID SECTION 32; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 127.28 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2683, PAGE 2135, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00032'55" WEST ALONG SAID WE LINE, A DISTANCE OF 220.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 990 FEET OF SAID SECTION 32; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 737.38 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 64TH AVENUE AS SHOWN ON THE PLAT OF DOUGLAS SUBDIVISION, PLAT BOOK 2, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°39'20" WEST ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 386.47 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT AND THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00038'49" WEST ALONG SAID EAST LINE A DISTANCE OF 281.02 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89042'57" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 662.99 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651; THENCE SOUTH 00035'37" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 910.68 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'33" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 1820.78 FEET; THENCE NORTH 89050'59" WEST, A DISTANCE OF 252.87 FEET; THENCE NORTH 89055'39" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 959.73 FEET, TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF 67TH COURT AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00030'30" 469 EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1201.22 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89051'13" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 685.02 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00030'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 396.50 FEET; THENCE SOUTH 47°22'58" WEST, A DISTANCE OF 160.20 FEET; THENCE SOUTH 43002'19" EAST, A DISTANCE OF 196.71 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00030'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 573.75 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89°55'39" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 714.04 FEET AND TO A NON -TANGENT POINT OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 3000.00 FEET, THROUGH A CENTRAL ANGLE OF 13°15'41", FOR AN ARC LENGTH OF 694.36 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF 81ST STREET, SAID CURVE IS SUBTENDED BY A CHORD OF 692.81 FEET THAT BEARS SOUTH 83017'49" EAST; THENCE NORTH 89055'40" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 919.76 TO AN INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00°28'22" WEST ALONG SAID EAST LINE, A DISTANCE OF 1279.13 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL R -14E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89048'47" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 2653.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE CONTINUE NORTH 89048'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL 14E CANAL, A DISTANCE OF 618.52 FEET, TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SUB - LATERAL 14E CANAL; THENCE NORTH 00°06'05" EAST ALONG SAID EAST RIGHT-OF- WAY A DISTANCE OF 1965.09 FEET; THENCE CONTINUE NORTH 89009'34" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 664.48 FEET; THENCE NORTH 00008'30" WEST, A DISTANCE OF 663.80 FEET, TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL R -13E CANAL; THENCE SOUTH 89037'14" EAST, A DISTANCE OF 623.61 FEET, TO AN INTERSECTION WITH THE EAST LINE OF CITRUS HIDEAWAY SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 26, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00011'52" EAST ALONG SAID EAST LINE, A DISTANCE OF 643.80 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89035'53" EAST, A DISTANCE OF 664.42 FEET, TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE NORTH 00011'59" EAST ALONG SAID WEST LINE, A DISTANCE OF 624.62 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 85TH STREET; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 330.92 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 125.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET TO AN 470 INTERSECTION WITH THE EAST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 125.58 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 1177.70 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 249.75 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 249.54 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 487.82 FEET; THENCE CONTINUE NORTH 84034'43" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 100.45 FEET; THENCE SOUTH 89042'22" EAST, A DISTANCE OF 92.46 FEET; THENCE SOUTH 89059'44" EAST, A DISTANCE OF 2553.50 FEET; THENCE SOUTH 86°40'22" EAST, A DISTANCE OF 125.15 FEET, TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 31 AND THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00°32'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB - LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89°51'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°51'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00032'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83050'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00032'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. OVERALL PARCEL CONTAINING 21,887,590.04 SQUARE FEET OR 502.47 ACRES±. 471 QQ.7 469b 8T ursng app uMauRS leuo�ssa}o+d ho Is �oloW 'JollaweW �" a I i I ij_Jl j 11 1 1111111'!� tmi� 1 I k y=y III III iii III I, � EC y Zi 1 r �— k �nS:'.YY W xaMxxiane�. III0 L AM gig G s t ka . a.bl a - a o-bl�Z I. e_a s aai £;ale y s �«.h a Iaa�<_€r�sal$� ��'�sfi � � a��W,7�i��kn ffi >:II w5 ,gg'f W � I � 1• � I; �uff�3���€6�aGWyy�e8g��� >bhY�agog�8tl3� � l;l( m y I'i m � II � m � II neeg€aka'=a z"3&�sb SSE_ eGa3G no`s�a. §�"���� Rn,x: N €�;PHi 9°a.n3e l hy{3mFsa a Fir Oas' igqu;! <¢�4�� �aaga€ €$7 q�`���a'�a�R I II Rg m 5�n i bta ca S s""yal;���s"f �W Eea�a3F HAP $aseP�"���3���y��a�e�� NW49 En 3:I k&3Y Q W Rg W mCNLo Lo I kR I '•�` II k kgy I kk =I I A I �e p logs � I g e �B eb mil a I n }I g �I I � 1 y tsi !�I w. I III a I I i.arweov � EXHIBIT 3 473 EXCLUDED PARCEL INFORMATION Property Owner Name and Address: Parcel ID 31393100000100000001.3 Marilou Keen 832566 1h Avenue Vero Beach, Florida 32967 A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00032'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89051'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89051'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00032'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83°50'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00032'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. 4886-6178-5385.1 474 1 � 1 475 CONSENT AND JOINDER TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT The undersigned is the owner of certain lands more fully described in Exhibit A attached hereto and made a part hereof ("Property'). The undersigned understands and acknowledges that;k Clctfa�slfiru�InCI,;,�°;� ("Petitioner") intends to submit an application to establish a community development district in accordance with the provisions of Chapter 190 of the Florida Statutes. As the owner of lands which are intended to constitute a portion of the community development district, the undersigned understands and acknowledges that pursuant to the provisions of Section 190.005, Florida Statutes, the Petitioner is required to include the written consent to the establishment of the community development district of one hundred percent (100%) of the owners of the lands to be included within the community development district. The undersigned hereby consents to the establishment of the community development district which will include the Property within the lands to be a part of the community development district and agrees to further execute any documentation necessary or convenient to evidence this consent and joinder during the application process for the establishment of the community development district. The undersigned acknowledges that the consent will remain in full force and effect until he community development district is established or a written revocation is issued, which ever hall first occur. The undersigned further agrees that it will provide to the next purchaser or uccessor in interest of all or any portion of the Property a copy of this consent form and btain, if requested by Petitioner, a consent to establishment of the community development istrict in substantially this form. The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by he person executing this instrument. [signatures on following page] 476 Executed this -r--day of —�� �� 2022. WITNESSES: Name Name: Ryall Acquisition Group, LLC a Florida limited liability company h� 5� By: � Name: _1i- Title: IP/- I r >411,-, r'6'U1 ATE OF FLORIDA )UNTY OF WJ%A %.\,HY I hereby certify that on this day, before me, by means of © physical presence or O cline notarization, an officer duly authorized to take acknowledgments, personally appeared as t-Unaacy- of 6'rAho executed the regoing instrument, acknowledged before me that s/he executed the same on behalf of the regoing entity and was identified in the manner indicated below. Witness my hand and official seal this 1�-day of 2022. SALLY ROGERS S z .Notary Public -State of Florida , \ f#} Commission # HH 113513 M Commission Ex ires Notary Public ;`'cr cvFa` Y P July 31, 2025 ibit A: Property Description Personally known: ;✓ Produced Identification: Type of Identification: 2 477 Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AND SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00032'55" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 37.26 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 86040'22" EAST, A DISTANCE OF 55.06 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE SOUTH RIGHT-OF-WAY LINE OF 85TH STREET AS SHOWN ON THE RIGHT-OF-WAY MAP RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH RIGHT- OF-WAY LINE OF 85TH STREET, A DISTANCE OF 407.85 FEET, TO AN INTERSECTION WITH THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1586, PAGE 1974, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00032'51" WEST ALONG SAID EAST LINE, A DISTANCE OF 730.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 770 FEET OF SAID SECTION 32; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 127.28 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2683, PAGE 2135, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00032'55" WEST ALONG SAID WE LINE, A DISTANCE OF 220.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 990 FEET OF SAID SECTION 32; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 737.38 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 64TH AVENUE AS SHOWN ON THE PLAT OF DOUGLAS SUBDIVISION, PLAT BOOK 2, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00039'20" WEST ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 386.47 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT AND THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°38'49" WEST ALONG SAID EAST LINE A DISTANCE OF 281.02 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89042'57" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 662.99 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651; THENCE SOUTH 00035'37" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 910.68 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'33" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 1820.78 FEET; THENCE NORTH 89050'59" WEST, A DISTANCE OF 252.87 FEET; THENCE NORTH 89055'39" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 959.73 FEET, TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF 67TH COURT AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00030'30" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1201.22 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89051'13" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 685.02 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°30'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 396.50 FEET; THENCE SOUTH 47°22'58" WEST, A DISTANCE OF 160.20 FEET; THENCE SOUTH 43°02'19" EAST, A DISTANCE OF 196.71 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00030'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 573.75 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'39" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 714.04 FEET AND TO A NON -TANGENT POINT OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 3000.00 FEET, THROUGH A CENTRAL ANGLE OF 13-15'41", FOR AN ARC LENGTH OF 694.36 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF 81ST STREET, SAID CURVE IS SUBTENDED BY A CHORD OF 692.81 FEET THAT BEARS SOUTH 83017'49" EAST; THENCE NORTH 89°55'40" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 919.76 TO AN INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00028'22" WEST ALONG SAID EAST LINE, A DISTANCE OF 1279.13 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL R -14E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89048'47" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 2653.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE CONTINUE NORTH 89°48'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL 14E CANAL, A DISTANCE OF 618.52 FEET, TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SUB - LATERAL 14E CANAL; THENCE NORTH 00006'05" EAST ALONG SAID EAST RIGHT-OF- WAY A DISTANCE OF 1965.09 FEET; THENCE CONTINUE NORTH 89009'34" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 664.48 FEET; THENCE NORTH 00008'30" WEST, A DISTANCE OF 663.80 FEET, TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL R -13E CANAL; THENCE SOUTH 89°37'14" EAST, A DISTANCE OF 623.61 FEET, TO AN INTERSECTION WITH THE EAST LINE OF CITRUS HIDEAWAY SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 26, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00011'52" EAST ALONG SAID EAST LINE, A DISTANCE OF 643.80 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89035'53" EAST, A DISTANCE OF 664.42 FEET, TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE NORTH 00011'59" EAST ALONG SAID WEST LINE, A DISTANCE OF 624.62 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 85TH STREET; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 330.92 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00°19'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 125.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET TO AN 479 INTERSECTION WITH THE EAST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 125.58 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 1177.70 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 249.75 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 249.54 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 487.82 FEET; THENCE CONTINUE NORTH 84034'43" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 100.45 FEET; THENCE SOUTH 89°42'22" EAST, A DISTANCE OF 92.46 FEET; THENCE SOUTH 89°59'44" EAST, A DISTANCE OF 2553.50 FEET; THENCE SOUTH 86040'22" EAST, A DISTANCE OF 125.15 FEET, TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 31 AND THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00032'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB - LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89°51'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89051'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00°32'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83°50'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00°32'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. OVERALL PARCEL CONTAINING 21,887,590.04 SQUARE FEET OR 502.47 ACRES±. 480 EXHIBIT 5 M N OCD N N N I I _ M I- w cn o N J Q o U U � v� WFj a U anuany 4199 (� c� Q o �� W N 0 0 V Z U)U p aw W W U U a Q QQ 0 ¢o w��� N QQ J ua a J W Z z W W Cl) c0 U Q � N � t anuany y;OL U O W U >- Q o Y Q U W Z Z QQ U) _ ~ Z Z = Z J wLL Q a Q Q Q o Z Jo g x A� J o" I c� Q o Q M-ft --n W^'I MLL\zzoz\.... \•"\A 483 N N O (N N O O O r � T -1. L_ W Z C) O U) Z Q Q 3 JU 0. J IL X w Q0 z 0-1 e __ 3nN3nV 4 9------------------- F-- w a W a r w � CD o W °g _U Q w om N ,.. € 3.... Ell w n, Wo W J V Z N m aw U - X LU � W i tT �InN�InV 470L V/ W SSS 1 Deis 0 DnN�Inv tiabt j W g ,a LU ca C ew'++io,n ggowe mrarr\rtw.�\.�\rn� � - art\rmz\���o�e\�\u CN CN 0 (N 0 0 O O CO Z 0. Z < - CL CL ;� 2 - '0 < 3MN3AV 419 (If� < < t t < < < 7 z < < (n 0 U) CJ U) 0 0 0 U) 0 Z) o LU ❑W ❑LLJ o ❑W 3. .W C 0 U) U) V) 0 c 0 0 LLI P: LI) o o o 0 0- n- m D- 3. I UJ Z "4B-4 w LLJ x a If of If F - w w W 0 w w < CD 0 n zmN3AV ql 1 j1 EnN3AV qltL T o c Sao UJ eV—O—WA dl - MZ \ZZOZ\Sl» 0 -W\ -\-U 1 EO LP Community Development District (LP CDD) Proposed Facilities and Services Facility Financed By Ownership Operation and Maintenance Earthwork CDD CDD CDD Stormwater Management CDD CDD CDD Sanitary Sewer Utilities CDD IRC(U) IRC(U) Water Utilities CDD IRC(U) IRC(U) Roadway Improvements (Arterial) CDD IRC(PW) IRC(PW) Roadway Improvements (Local /Alleys) CDD CDD CDD Landscape and Irrigation CDD CDD CDD IRC (PW) - Indian River County Public Works Department IRC (U) - Indian River County Department of Utility Services G' EXHIBIT 8 LP COMMUNITY DEVELOPMENT DISTRICT COST ESTIMATE SUMMARY 07/22/22 Construction Timeline 2022 to 2027 Total Facility Cost Earthwork $17,452,053 Stormwater Management $9,359,291 Sanitary Sewer Utilities $8,347,345 Water Utilities $6,572,016 Roadway Improvements (Arterial) $8,903,685 Roadway Improvements (Local / Alleys) $11,910,633 Landscaping and Irrigation $13,396,657 $75,941,681 This Cost Estimate has been prepared to support an Application for the Approval of the LP CDD in Indian River County, Florida. The Cost estimate has been prepared based on the Conceptual PDTND approved by Indian River County in 2008 as amended by an Administrative Approval in 2019. 489 EXHIBIT 9 490 LP COMMUNITY DEVELOPMENTDISTRICT Statement of Estimated Regulatory Costs July 14, 2022 Provided by Wrathell, Hunt and Associates, LLC 2300 Glades Road, Suite 410W Boca Raton, FL 33431 Phone: 561-571-0010 Fax: 561-571-0013 Website: www.whhassociates.com 491 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the LP Community Development District ("District") in accordance with the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes (the "Act'. The proposed District will comprise approximately 502.47 +/- acres of land located within unincorporated Indian River County, Florida (the "County") and is projected to contain approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, which will make up the LP development. The limitations on the scope of this SERC are explicitly set forth in Section 190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permittinkor planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the LP Community Development District The District is designed to provide public infrastructure, services, and facilities along with operation and maintenance of the same to a master planned mixed-use development currently anticipated to contain a total of approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, all within the boundaries of the District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and ownership/maintenance responsibilities the proposed District is anticipated to construct, operate and maintain. A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community -wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating and maintaining public infrastructure for developments, such as LP. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly orindirectly: 2 492 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (Indian River County, according to Census 2020, has a population of 159,788; therefore, it is not defined as a small County for the purposes of this requirement.) (� Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposedrule. Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S. 493 2.0 An economic analysis showing whether the ordinance directly orindirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The ordinance establishing the District is not anticipated to have any direct or indirect adverse impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs, principally the anticipated increases in transactional costs as a result of imposition of special assessments by the District will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases should be considered voluntary, self-imposed and offset by benefits received from the infrastructure and services provided by the District. 2.1 Impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The purpose for establishment of the District is to provide public facilities and services to support the development of a new, master planned mixed-use development. The development of the approximately 502.47 +/- acres anticipated to be within the District will promote local economic activity, create local value, lead to local private sector investment and is likely to result in local private sector employment and/or local job creation. Establishment of the District will allow a systematic method to plan, fund, implement, operate and maintain, for the benefit of the landowners within the District, various public facilities and services. Such facilities and services, as further described in Section 5, will allow for the development of the land within the District. The provision of District's infrastructure and the subsequent development of land will generate private economic activity, economic growth, investment and employment, and job creation. The District intends to use proceeds of indebtedness to fund construction of public infrastructure, which will be constructed by private firms, and once constructed, is likely to use private firms to operate and maintain such infrastructure and provide services to the landowners and residents of the District. The private developer of the land in the District will use its private funds to conduct the private land development and construction of an anticipated approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, the construction, sale, and continued use/maintenance of which will involve private firms. While similar economic growth, private sector job creation or employment, or private sector investment could be achieved in absence of the District by the private sector alone, the fact that the establishment of the District is initiated by the private developer means that the private developer considers the establishment and continued operation of the District as beneficial to the process of land development and the future economic 494 activity taking place within the District, which in turn will lead directly or indirectly to economic growth, likely private sector job growth and/or support private sector employment, and private sector investments. 2.2 Impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. When assessing the question of whether the establishment of the District is likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation, one has to compare these factors in the presence and in the absence of the District in the development. When the question is phrased in this manner, it can be surmised that the establishment of the District is likely to not have a direct or indirect adverse impact on business competitiveness, productivity, or innovation versus that same development without the District. Similar to a purely private solution, District contracts will be bid competitively as to achieve the lowest cost/best value for the particular infrastructure or services desired by the landowners, which will ensure that contractors wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally, the establishment of the District for the development is not likely to cause the award of the contracts to favor non -local providers any more than if there was no District. The District, in its purchasing decisions, will not vary from the same principles of cost, productivity and innovation that guide private enterprise. 2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The establishment of the District will not increase any regulatory costs of the State or the County by virtue that the District will be one of many already existing similar districts within the State and also one of a many already existing similar districts in the County. As described in more detail in Section 4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the County may incur in holding a local public hearing on the petition. Similarly, the proposed District will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs related to its oversight of all special districts in the State. The establishment of the District will, however, directly increase regulatory costs to the landowners within the District. Such increases in regulatory costs, principally the anticipated increases in transactional costs as a result of likely imposition of special assessments and use fees by the District, will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is completely voluntary, all current property owners must consent to the establishment of the District and all initial prospective buyers will have such additional transaction costs disclosed to them prior to sale, as required by State law. Such costs, however, should be considered voluntary, self-imposed, and as a tradeoff for the service 495 and facilities provided by the District. The District will incur overall operational costs related to services for infrastructure maintenance, landscaping, and similar items. In the initial stages of development, the costs will likely be minimized. These operating costs will be funded by the landowners through direct funding agreements or special assessments levied by the District. Similarly, the District may incur costs associated with the issuance and repayment of special assessment revenue bonds. While these costs in the aggregate may approach the stated threshold over a five-year period, this would not be unusual for a Project of this nature and the infrastructure and services proposed to be provided by the District will be needed to serve the Project regardless of the existence of the District. Thus, the District -related costs are not additional development costs. Due to the relatively low cost of financing available to CDDs, due to the tax- exempt nature of their debt, certain improvements can be provided more efficiently by the District than by alternative entities. Furthermore, it is important to remember that such costs would be funded through special assessments paid by landowners within the District, and would not be a burden on the taxpayers outside the District. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The individuals and entities likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) can be categorized, as follows: l) The State of Florida and its residents, 2) the County and its residents, 3) current property owners, and 4) future property owners. a. The State of Florida The State of Florida and its residents and general population will not incur any compliance costs related to the establishment and on-going administration of the District, and will only be affected to the extent that the State incurs those nominal administrative costs outlined herein. The cost of any additional administrative services provided by the State as a result of this project will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. b. Indian River County The County and its residents not residing within the boundaries of the District will not incur any compliance costs related to the establishment and on-going administration of the District other than any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to the County. Once the District is established, these residents will not be affected by adoption of the ordinance. The cost of any additional administrative services provided by the County as a result of this development will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. C. Current Property Owners The current property owners of the lands within the proposed District boundaries will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. IR d. Future Property Owners The future property owners are those who will own property in the proposed District. These future property owners will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. The proposed District will serve land that comprises an approximately 502.47 +/- acre master planned mixed-use development currently anticipated to contain a total of approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, although the development plan can change. Assuming an average density of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed District at build out would be approximately 3,196 +/- and all of these residents as well as the landowners within the District will be affected by the ordinance. The County, the proposed District and certain state agencies will also be affected by or required to comply with the ordinance as more fully discussed hereafter. 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. The County is establishing the District by ordinance in accordance with the Act and, therefore, there is no anticipated effect on state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the result of adopting the ordinance is the establishment of an independent local special purpose government, there will be no significant enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities The cost to state entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 2,500 acres and is located within the boundaries of the County. Therefore, the County (and not the Florida Land and Water Adjudicatory Commission) will review and act upon the Petition to establish the District, in accordance with Section 190.005(2), F.S. There are minimal additional ongoing costs to various state entities to implement and enforce the proposed ordinance. The costs to various state entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those state agencies that will receive and process the District's reports are minimal because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of Economic Opportunity which offsets suchcosts. 497 Indian River County. Florida The proposed land for the District is located within unincorporated Indian River County, Florida and consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources; however, these costs incurred by the County will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides most, if not all, of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a filing fee included with the petition to offset any expenses the County may incur in the processing of this petition. Finally, the County already processes similar petitions, though for entirely different subjects, for land uses and zoning changes that are far more complex than the petition to establish a community development district. The annual costs to the County, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for this District. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. Any non -ad valorem assessments levied by the District will not count against any millage caps imposed on other taxing authorities providing services to the lands within the District. It is also important to note that any debt obligations the District may incur are not debts of the State of Florida or any other unit of local government. By Florida law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District. Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1. Total costs of construction for those facilities that may be provided are estimated to be approximately $75,941,681. The District may levy non -ad valorem special assessments (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non -ad valorem special assessments levied on all developable properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. 498 Prospective future landowners in the proposed District may be required to pay non -ad valorem special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments which may be used for debt service, the District may also levy a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, purchasing a property within the District or locating in the District by new residents is completely voluntary, so, ultimately, all landowners and residents of the affected property choose to accept the non -ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the initial seller to all prospective purchasers of property within the District. Table 1 LP COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services MAINTAINED FACILITY FUNDED BY OWNED BY BY Earthwork CDD CDD CDD Stormwater Management CDD CDD CDD Sanitary Sewer Utilities CDD IRC(U) IRC(L)) Water Utilities CDD IRC(U) IRC(U) Roadway Improvements (Arterial) CDD IRC(PW) IRC(PW) Roadway Improvements (Local/ Alleys) CDD CDD CDD Landscaping and Irrigation CDD CDD CDD Table 2 LP COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST Earthwork $17,452,053 Stormwater Management $9,359,291 Sanitary Sewer Utilities $8,347,345 Water Utilities $6,572,016 Roadway Improvements (Arterial) $8,903,685 Roadway Improvements (Local/ Alleys) $11,910,633 Landscaping and Irrigation $13,396,657 Total $75,941,681 A CDD provides the property owners with an alternative mechanism of providing public services; however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special 499 districts, County or its dependent districts, or County management but financing with municipal service benefit units and municipal service taxing units, or private entities, all of which can be grouped into three major categories: public district, public other, and private. With regard to the public services delivery, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as cities, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development and, transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally, other public entities providing services would also be inconsistent with the State's policy of "growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily to earn short-term profits and there is no public accountability. The marginal benefits of tax- exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public services which in most instances will be sustained over longer periods of time than would otherwise be the case. Second, a CDD is a mechanism for assuring that the public services will be completed concurrently with development of lands within the development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short and long-term maintenance of public infrastructure at sustained levels of service. The cost impact on the ultimate landowners in the development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a CDD provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development of infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private sources. 10 500 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the establishment of the District. If anything, the impact may be positive because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants over statutory thresholds. This affords small businesses the opportunity to bid on District work. Indian River County has a population of 159,788 according to the Census 2020 conducted by the United States Census Bureau and is therefore not defined as a "small" county according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. In relation to the question of whether the proposed LP Community Development District is the best possible alternative to provide public facilities and services to the project, there are several additional factors which bear importance. As an alternative to an independent district, the County could establish a dependent district for the area or establish an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent district is not the best alternative for providing public facilities and services to the LP development. First, unlike a CDD, this alternative would require the County to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the LP development is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other County responsibilities. By contrast, if the County were to establish and administer a dependent Special District, then the residents and landowners of the LP development would take their grievances and desires to the County Commission meetings. Third, any debt of an independent CDD is strictly that District's responsibility. While it may be technically true that the debt of a County -established, dependent Special District is not strictly the County's responsibility, any financial problems that a dependent Special District may have may reflect on the County. This will not be the case if a CDD is established. Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the infrastructure as well as operations and maintenance of public facilities and services. A CDD is superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low-cost funds from the municipal capital market. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County's real estate tax bill. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit 11 501 of local government. This provides a higher level of transparency, oversight and accountability and the CDD has the ability to enter into interlocal agreements with other units of government. 8.0 A description of any regulatory alternatives submitted under section 120.541(1)(a), F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the LP Community DevelopmentDistrict. 12 502 APPENDIX A LIST OF REPORTING REQUIREMENTS 13 503 FL. STATUE REPORT CITATION DATE Annual Financial Audit 190.008/218.39 9 months after end of Fiscal Year Annual Financial 45 days after the completion of the Annual Financial Audit but Report 190.008/218.32 no more than 9 months after end of Fiscal Year TRIM Compliance no later than 30 days following the adoption of the property Report 200.068 tax levy ordinance/resolution if levying propertytaxes within 30 days of accepting the appointment, then every year Form 1 - thereafter by 7/1 (by "local officers" appointed to special Statement of district's board); during the qualifying period, then every year Financial thereafter by 7/1 (by "local officers" elected to special district's Interest 112.3145 board within one year of special district's creation; then annual notice of any changes; and updated report every 7 years, 12 months Public Facilities prior to submission of local government's evaluation and Report 189.08 appraisal report Public Meetings Schedule 189.015 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.014 within 30 days after first meeting of governing board Proposed Budget 190.008 annually byjune 15 Adopted Budget 190.008 annually by October 1 Public Depositor Report 280.17 annually by November 30 Notice of within 3o days after the effective date of an ordinance Establishment 190.0485 establishing the District Notice of Public file disclosure documents in the property records of the county Financing 190.009 after financing 13 503 EXHIBIT 10 504 AUTHORIZATION OF AGENT This letter shall serve as a designation of Jonathan T. Johnson of Kutak Rock LLP, whose address is 107 West College Avenue, Tallahassee, Florida 32301, to act as agent for +Jt wBIKM C—y trs�L4o with regard to any and all matters pertaining to the Petition to the Board of County Commissioners of Indian River County, Florida, to establish a Community Development District pursuant to Chapter 190, Florida Statutes. The petition is true and correct. This authorization shall remain in effect until revoked in writing. Witnessed: rint Name: �h1 fi p rint Name: CC( i �,/I ATE OF FLORIDA )LINTY OF i V\fLI Cw► NV( Ryall Acquisition Group, LLC a Florida limited liability company L ` By: 14 JLC Its: -?G;-w c r/ I hereby certify that on this day, before me, by means of a physical presence or O ne notarization, an officer duly authorized to take acknowledgments, personally appeared as_v41r_>�tc er ofL all �-t`�'fals-di �t nxip who executed foregoing instrument, acknowledged before me that he executed the same on behalf of the agoing entity and was identified in the manner indicated below. Witness my hand and official seal this 1 -y -'!day of .L� . 2022, SALLY ROGERS Notary Public -State of Florida Commission # HH 113513 My Commission Expires July 31, 2025 Notary Public Personally known: L� Produced Identification: Type of Identification: 505 EXHIBIT I I 506 memorandum DATE: June 23, 2022 TO: IRC Board of County Commissioners C/O Dylan Reingold PROJECT NAME: Liberty Park PROJECT NO.: 16-008.003 urmn Urban Design Land Planning Landscape Architecture This memorandum is intended to identify that Liberty Park meets the guidelines to establish a Community Development District. Liberty Park is a development located within unincorporated Indian River County which was approved as Traditional Neighborhood Design Development on October 14, 2008. On June 7, 2022 the Indian River County Board of County Commissioners reviewed the guidelines to establish Community Development Districts in unincorporated Indian River County. The intent of the Community Development District is "to serve as special purpose district to plan, finance, construct, operate and maintain infrastructure and services in a development" consistent with Section 190.003 of the Florida State Statutes. The Community Development District guidelines were established based on the standards of the Traditional Neighborhood Development (TND) standards per section 915.21 of the Indian River County Land Development Regulations. The following chart confirms that Liberty Park is consistent with the Community Development District Guidelines as proposed on the June 7, 2022 Board of County Commissioners agenda: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 50,E P:561-366-1100 vwwv.udsflorida.com LA0001739 Community Development District Consistent with TND Guidelines (Sec. 915.21) 1. Minimum Site Area 500 AC or more Yes 2. Street Network Consistent with the TND street network standards Yes 915.21; or 10% greater than what is required per County's 3. Open Space Land Development Regulations Yes Significant Public infrastructure beyond improvements required through the development 4. Attributes review process; or Yes Multi -use real estate project: or Traditional neighborhood development 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 50,E P:561-366-1100 vwwv.udsflorida.com LA0001739 Liberty Park June 23, 2022 Should you have any questions or need any additional information regarding the aforementioned memorandum, the project managers at Urban Design Studio is Ken Tuma and can be reached at 561.366.1100. Sincerely, Urban Design Studio Ken Tuma Managing Principal KUTAKROCK September 2, 2022 Via Electronic Delivery Dylan Reingold County Attorney Indian River County 1801 27th Street Vero Beach, Florida, 32960 Kutak Rock LLP 107 West College Avenue, Tallahassee, FL 32301 (850) 692-7300 Jonathan.Johnson@Kutakrock.com Re: Petition to Establish LP Community Development District Dear Mr. Reingold: On behalf of the petitioner for whom we filed the above referenced petition, we respectfully request that Indian River County continue the scheduled public hearing on this matter, which is currently scheduled for September 13, until the October 18 meeting of the Board of County Commissioners. We appreciate your patience. Thanks, as always. Sincerely, 0. Jonathan T. Johnson Enclosures Treasure Coast Newspapers PARTOFTHE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION KUTAK ROCK LLP 107 W COLLEGE AVE TALLAHASSEE, FL 32301 ATTN KAREN JUSEVITCH STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he 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. 8/26/2022; 8/23/2022; 8/3012022; 9/6/2022 Subscribed and sworn to before on September 6th, 2022 k 1/�2 Notary, ate of VVImy of Br 515 My commission pi s: 3 Publication Cost: $945.00 Ad NO: GC10928263 Customer No: 806651 PON: NOTICE OF ESTABLISHMENT HEARING LP CDD THIS IS NOT AN INVOICE NANCY HEYRMAN Notary public State of Wisconsin [D.c-_ I . NOTICE OF PUBLIC HEARING Indian River County Board of County Commissioners To Consider a Petition to Establish the LP Community Development District DATE: September 13, 2022 TIME: 9:00 a.m. LOCATION: Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida 32960 In compliance with the provisions of Chapter 190, Florida Statutes, a public hearing will be held by the Board of County Commissioners of Indian River County to consider an ordinance to grant a petition to establish the LP Community Development District ("District"), which is titled: 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 proposed District is comprised of approximately 502.47 acres, generally located south of County Road 510/85th Street, west of 58th Avenue, north of Stale Road 60 and east of 82nd Avenue. The petitioner has proposed to establish the District to plan, finance, acquire, construct, operate and maintain infrastructure and community facilities which maybe authorized by such District under Florida law, including but not limited to: earthwork, stormwaler management, sanitary sewer utilities, water utilities, roadway improvements, landscaping and irrigation, and other infrastructure. Copies of the petition and the proposed ordinance are open to public inspection at the County Clerk's Office, 1801 27th Street, Vero Beach, Florida 32960, during business hours. For more Information, call (772) 567-8000. All interested persons and affected units of general- = may appear at the hearing and be hheard with respect to the petition and proposed ordinance. All interested persons and affected units of general- purpose government may also present oral or written comments on the petition and proposed ordinance. Any persons or affected unit of general-purpose government who wish to appeal any decision made by the Board with respect to any platter considered at this public hearing will need a record of the proceedings. For that purpose, the person or unit of general-purpose government may need to ensure that a verbatim record of the proceedings is made that Includes the testimony and evidence upon which the appeal Is to be based. If you are a person with a disability who needs any accommodation in order to participate In this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Within five working days of receipt of this notice, please contact the County's ADA Office at (772) 226-1221 or)ennisOircgove.com. TR.GG092828101 Pin 11 TCPALM.COM I TUESDAY. AUGUST If;, 2022 1 5A Treasure Coast adds four monkeypox cases Florida's total still ranks Monkeypox cases by county 3rd highest among states Hero's a list of total roses by J..n{fer Sanoalan9 and WI It Greenlee w•illm 9.4.9 a-roa.,.crwosx-r.-A Florida reported more than 300 new monkeypox cases In one week and was still the third highest state forconfimhed or probable eases. Monkeypox cases on the Treasure Coast totaled nine, up from five this time A week earner, according to the Florida Deparinant of Health. There are $ix ales in Martin County end three in St. Ludt County, while none have been reported In Indian River County, according to DOH data updated Sunday. Of the nine cases, seven were report- ed to have been acquired in Florida; one was acquired out of the country; and it wasn't known whether one case was ac- quired In Florida or elsewhere. ur o Fof the cases are in the 35-39 age group; two each in it. 25-29 and 45-49 age groups; and one les a child 4 years old r younger, data from the DOH shows. This time last week there were four reported cases In Martin County and one in St. Lucie County. The Florida Department of Heahh re- ported 1,266 confirmed or pmboble cases of monkeypox in 28 cautifies, ac- cording to Its tracker on flheahhcharts. gov. A week ago, the state reposed 938 ass -that's a Jump 01`328 probobie or confirmed monkeypox casts here since Aug. e. It should be noted thatthease num- bers in Florida vary from wh.tthe Cen- ter for Disease Control and Prevention report. The CDC, for example, shows 1,085 confirmed alas for Use Sunshine State, an it rease of 452 confirmed cases inn week. According to the CDC, here's a snapshot of U.S. and Florida on efimted cases In the past few weeks: • As of Aug. 15, the CDC listed 11,177 total confirmed monkeypox/orthopox- virusases in the U.S. and 1,085 in Pled. it.. • As of Aug. e, the CDC listed 7,51010- id confirmed m-keypoxAnharar-i- ue cuss In the U.S, and 633 in Florida. • On Aug. 1, the CDC had reported 5,189 confirmed raises In the U.S. and 373 cases to Florida. • On July 22, the CDC had reported 2,891 ase, 1. the U.S. • A ptesumpI" positive ease was first announced in Florida on May 22. Top 5 states for monkeypox cases According to the CDC, these are the Top 5 states repotting confirmed mon- keypoxcasesandlheircasecountsa,or Aug. IS: New York, 2,295 California, 1,945 Florida, 1,085 Georgia, 851 T,.-% SIS Top 5 .... ties in Florida for monkeypox cases According to the Florida Department of llealtii s trucker, these nm the Top 5 counties reporting confirmed or Proba- ble mmkeypc , cases: Miami. At Brow ' county will. notes in increases sort iter[ case. 'ons info is fromthe Florida Deportment of Health's reportable dlsease frequen- cy report, with data are from May 22 to Aug. 14: Alachua,) Brevard,5(up lfrom Aug. 8,monkey- pox first was detected here Aug. l) Broward, 436 (up 106 from Aug. 8) Charlotte, l (unelmnged since Aug, 8) Clay, 2 (up 1 floor Aug. B, when mon- keypox first was demehad here) Collier, 3 (unchanged since July 25) Duval, 13 (up 6 from Aug. 8; ares were first detected here week of July 25) 8srambla,I Nagler, I (anchanged (min Aug. 1, when monkeypox ease teas detected here) Hillstwrough, 52 (up 15 from Aug. 8)) take, 5 (up 2 from Aug. 8) Lee, 8 (up 2 from Aug. 8) Leon,3 Marion, 2 Martin, 6 (up 2 from Aug. 8, monkey- pox first was detected hem week of Aug. 1) ill iamt-Dade, 493 (up 126 cases from Aug. 8) Monroe, 14 (up I from Aug. 8) Orange, 77 (up 23 from Aug. B) Osmrola, 8 (up 4 from Aug. 8, mon- keypox was first detected here Aug. D Pat. Beach, 59 (up 16 from Aug. 8; the previous week, the county reported 16 possible or confirmed ase.) Pasco, 4 (up 1 from Aug. 8, monkey- pox was first detected here Aug. 1) Pinellas, 48 (up 12 from Aug. 8) Pork, 5 (up t from Aug ill Santa Rosa, I (unchanged) Sarasota, I(unchenged) Seminole, 10 (up 4 frons Aug. 6) St. Lucie, 3 (up 2 from Aug. 8) Volusla, 4 (up I from Aug. 8) s Denotes first confirmed or probable ass for the county since the USA TO- DAY Network - Flondas July 25 report, using brute from the staledeparimentof health Comm in questlorts, things to know Below are same common questions associated with monkeypox and other things to know. The USA TODAY Net- work- Florida will produce a sveekiy re- port on the vims, the counties affected and ase counts every Monday using slats from the Florida Department of Health and the CDC. What are monkeypox symptoms? Monkeypox symptoms it milder than those of smallpox, accordingto the CDC, it begins with fever, headache,mus- cle aches, backache, swalhat lymph rads, chins aril exhaustion. within i to 3 days after fever, the patient develops a Yeah, often beginning on the faro and then spreading m other pans of the body, Incubation period (time from In- rMlnn In symptoms) ix -urilly 7-M days but an range from 5.21 days. How Is monkeypox transmissible? Possible human -to -human trans- mission Includes: • Coughing. if an Infected son per coughs, it can be spread through respl. ,story droplets eta the eye, nose or mouth. • ANmals. The.vims eanbe tranamit- airs: r.rN.a,.ysms pN4 aa•n. tAcstwn ...•.. Cw.Nxa•Aa+�+�m..roN. �T Nat• rm, M p.,.a�<t C+s.���m�f.� Snaeu. • w � C m""wr�baw4s•�wi 0.uk,l�lkt-A w�craaea ° " T Wm+ n,w4an a..N .aa ;',.a.�i`.,>'� w: ...,w..«Nu:.::�wo-:,.•o�.,, .w«s��a.m � • .,ya,h w.m..w.e,,.w,.. nae 4 °°,w "a c=n 1V1_1In .• • t b,aw vA° d a� .r a:awx / ,r � rl n `r t d IC # .>..� >�•,•,....,. Aro �,.,. .., �vw.a.xu. « m�wC� s`bw w .•.+e. a e"ia'.ai«w°�",••w,�w�e«�N.w%h:.rwtiiri . � �`- \J a a TACE COVERING ea rAaT u'n.r6tr„ tQ BE WORN ERERING s 4LiT t+ y�6Pfac{I�ttr �; s, lent �hlt� �m,an � �� read Monkeypox symptoms are milder than those of smallpox, according to the tamers for Disease Control. m1 caroac.vrnu.111sT can led bya bite, scratch or body fluids. Ro- IstMre a monkeypox vaccine? donis arc the primary source. • Broken skin. The vims can enter the body through broken skin, even If tire break Is not visible. Is monkeypox a gay disease? No. Although the latest majority of monkeypox can be transmitted through close or hillmalc contact, it's not re- quired, end the virus can spread w any- one of any sexual o icamitio.. At Inst two children In the U.S. In close contact with infected family mem- bers Lave bean diagnosed with it. Yes. The CDC stats: "Because man- keylxix and—lip- vimsesaregoneti- aily similar, vaccines developed to pro- tect against smallpox vimses may be used to prevent monkeypox Inf-lions. The U.S. government has two stockpiled vaccine - JYNNEOS and ACAM2000 - that can P—ra monkeypox ill peo- ple who are exposed to the vim. Vac- dncs may be re —ratnded far people who have had or may have contact with someone who has monkeylwx, or for heahhare sort public health workers who may be exposed to the virus: Monkeypox hotline When should I get tested? if health are providers suspect a The CDCand the Florida Department possible rase of monkeypox, immedi- of Health recommend testing if you we ately contact your county health de- suspiciousskin lesions orNyou've had partenent via the Florida Department of close personal contact with someone Ileahh website or the 24/7 disease re - who may have a confirmed or probable porting hmnne at 850-245-440L case. Conlributing: USA TODAY ALPHA FOUNDATIONS A Givu.da.ro C:^n y+eny PROVIDING TRUSTED �� a ....,,. ng� SERVICE SINCE 2002 <tiF a 0B8 S. TAKE ADVANTAGE OF Our Limited -Time xo PAYM Nrs a I ; «aAN•re�Mf.,yt, ,w, � af...n er,...v mad•.+. + Easy Financing + Nationally -hacked l"ransferable Warranties Primary Conllm,ed from Page IA teachers, who just want to leach," Grist, she concluded, cant beat Re- publican Gov. Ron DeSantis. By con- trast, Cris, al his appearances said the same about Frid in a race polis show Is tightening amid a wave of hard -edged TV spots each Democrat Is ging against iM Rinother. "tve need somebody who goes into this job who doesn't need on-the-job training, and I certainly don't," said Crist, who is focusing mostly on DeSan- tis but has ads pushing back upinst Fried's allack on his Republican past. Grist said his spots were" t negative. "fvo gone accurate," he said. "1 was hoping that it coukrvc been more posiuv.," Crist said of the cam- paign end game. "She's decided to do DeSantis Continued from Page IA advance his agenda, particularly on education issues, where he hes been es- pecially active in the primary. it also carries the risk of rejection, though, With DeSantis appearmilmore vulnem- bk If voters rebuff bis candidates after he spent so much energy campaigning for them, "This governor is extremely popular with the grassroots and rank -and -file Republicans and those primary voters look for his opinion on people to vote for,' laid Leon County GOP Chair and Florida GOP chairman of chain Evan Prover. "1 think he's used that power to Push for arrive conservatives who share his vi— of Florida. It's something Re- public..,' have wanted for a long time, Republicans who are willing to fight for a conservative agenda' DeSantis is doing a lot to help his pro- frumd mndidates. life governor wrote $1,000 checks from his political committee, Friends of Ron DeSantis, to county school bawd candidates he backed this year, amt also is paying for mailers In their races. At least three mailers paid for by Friends of Ron DeSantis have gone out whelphis endorsed schoolboard candi- dates in some counties. They encourage voters to "stand with Governor DeSantis on August 23rd' DeSantis also toured the statetosup- port school board candidates, with ral- hes in Miami, JaeksonvNe, Sarasota and Ormond Beach. Florida schoolboard races went typ- ical Primerica because they I-Imleally are nonpartisan. A candidate's party af. filiation does" l even appear on the bal- lot. The 30 school board candidates De - Santis Is backing are conservatives who, In many cases, arc running against more liberal opponents. DeSuntis' In- volvement could boost GOP turnout in the primary which many voters over- kmil.lan urat is typically between 20% and _,to Unlike Trump's efforts to reshape the GOP, DeSantis' focus on school board contests Is more about pushing his con- servative education agenda, which has included legislation limiting how race, gender and s- mal orientation are dis- cussed In sr ok. I thunk :vet Ways to look at It sal 1 tJnive.ity poh'Onl sc 'zw.,sor F auk Orlando, "One f , stmtegic angle of Investing i .I til be beholden to him in Dere1 a.Prwan u, rax T"M *m.w aorwrxw: „a„n""".«cw"Y wa"" .—, 'v'0,.' aa+., nw. raw whet she's done. Everybody bas their on style. I'm Ills% going to make sure People know whot they're getting on that bahoL' Whoever wins today a primary, Crtst said Democrats will rally around tiro nominee, knowing who the real oppo- nent is, `fire galvanizing part of this cam- paign Is a guy named Ron DeSantis,' Cliff said. The primary is certain to be marked by low voter turnout, with past August prft artes pulling in fewer titan one in three Florida Democrats. Criss has been endorsed by Floddas largest labor unions and has a larger force of get-om- the-rote support. But Fried is banking on many lete- declding voters coming to Ile, side, as Florida Democrats finally begin making up their minds in a contest that beganl5 months ago, when the two rivals an- nounced their candldacivs to take on coxa of a possible 2024 run, especially If he runs up against President Trump.' Orlando added: 'Tic other way to took at It Is that be has genuine convic- lie" abmd the education informs that he has pushed beyond just electoral posturing. Ifthis i. the case, the. there s no better my to do that than on the local level" A mailer sent to Sarasota County vof- en says N. school board candidates "Will support the DeSantis Educatlun Agenda" and "Stop indoctrination' it lust shoves that he recognhes strong leadership and the need for strong leadership in the most Important race in 2022, which is the school bawd," said Aly Marie Legge, a mmervallve Hdlsboratgh County School Board can- didate endorsed by DeSantis. The governor also has been active in traditional Republican primaries. In many cases, his endorsement of a GOP candidate was enough to ward off seri- ... chaiiecngers. Stale Sen. Wilton Simpson is running for Agriculture Commissioner with to- ken GOP opposition after both DeSantis and Tnnnp backed him. Stale Senate candidates Eloise Ingo. glia In PasmCounty and Jonathan Mar- tin In Lee County didnt.1..cl any Re- publican opposition — and arc almost certain to win their races in heavily Pa. publican areas — after DeSantis en- dorsed them. In aome cases, DeSantis Is getting in- volved In competitive GOP primaries, both by endorsing and offering financial support. The governor's political committee gave $50,000 to Friends of Klyan Mi- chael, the political committee support- ing Michael, a Jacksonville Republican, In a stale house primary against two other Republicans. DeSuatis endorsed Mtch..L Even In races where DeSantis hasn't endorsed, he Is playing a big role 1. the GOP primaries. Many GOP candidates ham touted their support for DaSsntir,-' agenda, showing how popular he Is within the party. Thr— Inr•hkle rarond.1- for r e- gress down to local offices. Republican county commission can- didole Mark Smith mentions DeSantis twice In his latest mailer, saying: Just like Govemor DeSantis, wecan count en Mark to protect our freedoms and liber- ty from government mandates and overreach.' Smith le runnmg for the 5wasoa County Commission against another Republican in a tightly contested race. Candidates have run afoul of DeSan- . no -a, sw,... a .w. r"wro wa a ,w, w M1 se.0 w recur ceua caws or www aas_c W °iOvnari�ine�.1H°'aovo°M°Vo`nr°w°M..`oirc°w:"i,ro'uiowuwoi ioaiae, «'Kw°ua° u°i" vdoivv�a��� es asoaiiroir°Ecii,u r,:+n.aonoMF..`o°a`i'rs ii rvim°Oiec:`sewlro°w fmr tl M1 °tIw M M1 Paeo,eE adww w Ta5lw ew,crur.atn,een rrawt.oria. ..or' ._ .vRwIC mm,i °M../ ljM i°�a�- N oa°o" M ptwm van w "'s"` K M1 _'J w in—Qlawa� rc TCPALM.COM I TUCSDAY, AUGUST 23.2052 1 SA DeSanlis. A University of North Florida poll it - to. sed last week showed Fried with a narrow lead over Crist, on the strength of stronger support among min— vot- ers. Crisi's campaign countered with its own internal survey shoving him mm- fonably ahead. Polls. though, show DeSsnus Mating either Democrat In November's general election, But Inmaking their final wale Dem- ocratic vole., Fried and Cris! are a con- lrasL In gender and generation. Fried, 44, is eagerly courting the votes of Florida women, having under- scored her frequently mentioned 'something new" campaign the.. with a TV spot showing her sledding through rows of male....Nuins, symbolically separating her from past governors, In- rludmg Cdsl, who have an Men men, A spot now airing across the state features women who made history — if, for touting his support When he hasn't uRcrd it. Last month, a lawyer for the DeSanis campaign sena cease-and-desist Muer to a Miamd-based political committee backing Marta Perez, who is running as an incumbent for reelection to u seat on the powerful nine -member Miami - Dade County School Board. DeSantis had cordoned another candidal. who had worked in hls administration. The political committee featured mailer ads that included a photo of her side-bysMc vWth DcSantlsand a small- er photo of DeSanlis gesturing with a thumbs up. When DeSantis does back a candi- date, he has offered significant financial support. The governor's political mmmittcc gove $140,000 to the Jobs and P,ospe,- ity for Fiorlda political committee, which is chaired by iia lieutenant gover- not Jeanette WrIez. That committee has paid more than 5200,000 to a con- suhing firm working for Uvo Mlami- Dade County School Board candidates endorsed by DeSantis, one of whom used to work for 1,uh— It's unusual for someone like DeSan. Its who has a competitive melecto. race to spend a considerable amount of his oven campaign money helping other candidates. The govemur's extraordi- from..11h geur,. to tenets legend Billic Jean King and U.S. Supreme CourtJus- tice Ketanti Brown Jackson. Fried talks of "standing on the shoulders of ell these tudlblming women.' Crisl, 66, tends to rely on n calm de- livery, unspooling highlights and ance dotes from his long history as a fomur stale senator, education commissioner, attorney general and governor — all when he was a Republican. lie also ran unsuccessfully as a Dem- ocrat for governor in 2014, losing to Re. publican Gov. Rick Smithy 64,145votes, a 1% margin. Crist has since served three terms as a Democratic congpess- man from St. Petersburg. In campaigning, Crist speaks fondly of Florlds, its environment and people, promotes his defense of Florida con- sumers against insure. and utdities, and oceastonally cotes tire gold —let- Saa PRIMARY, Pas* TA nary fundraising is allowing him to be generous with those funds. His political committee has more then $125 million In cash on hand. "1 dont recall a governor crony slate going as 'local' as Governor Ocsantu has- with his endorsements and cam- paign support, Saint Leo's Orlando said. 'Not lust in fiodda, but nationwide, but.,. he really has money to bum' Legge hes beneficed from mailers paid for by DeSanlis' political commit- tee. "It's a good help,'she said. "We np- preclate [L' Legge is a 35 -year-old mother who has attended most Hilksbotough School Board meetings over the past three years, complehdng about COVID-19 put- INes and other Issues. She Is involved Will, Moms for America, a conservative activist group based in Missouri. she cup met Desantis when she spoke at a press conference the it—r- nor held to sign legislation on how racial Issues am taught in schools. "It really should just be back -to -ba- sin education, we shouldri t have these divisive topics where we're pitting chil- dren against each other,- Legge said. Fellow Herrdd-Tribune Political Fdf- for Zoe Anderson on Inwiffn at @zac• Jandenon. Ile can be reachednf me.an- denon@hm ddiribune.mnr Education law Continued hom Page IA school oificials to draw arbitrsty and discriminatory fines in their attempts to Implement the lata." The law, which has drawn nation- wide attention, prevents instruction on gender Identity and sexual orientation In kindergarten through third grade and requires that such instruction be "age- appropriate.., in accordance with state academic standards' m older grades. Republican lawmakers titled the measure the "Parer WI Rights in Edo. - lion" bill. Opponents labeled it the "Dant Soy Gay- bill. Opponents also have challenged the constitutionality of the measure In a Ideal lawsuit filed In Tallahassee against the State Board of Education, the Florida Department of Education, Education Commissioner Manny Diez Jr. a ad several school boards. That come ORCA Continued from Page in building passible," according to an Aug. 22 announcement from the nonprofit. Indian River Lagoon research Rulaone's estate donated 5500,000 toward the $865,000 purchase price, Widder said. ORCA has collected $921,000 of its $1.2 million fundraising goal in a campaign it kicked off in April, Widder said. The city assisted with renovations and In 2019 donated a defunct water quality testing lab near the airport that has became ORCA's new citizen melena center, Widder said. The Vero Beach Art Club o6w helped by painting murals in the space. 'flue city of Vero Reach has been so supportive of au efforts on behalf of the lagoon, m are feeling really great about IN s move,' Widder sold. "the comm.—has been phenomenal and it's an Ideal location for ORCA, as Its midway between the extremes of it,. :]way Indian River Lagoon.' The lagoon rims through five coastal counties, including Martin, St. Lucie, Indian giver, Brevard and V.I.J.. Why did IRSC evict ORCA? ORCA had been based al the historic Coast Guard building on Seaway Drive In Fort Pierce since 2005, until IRSC is- sued is 60 -day notice to vacate In May 2021 The IRSC, board in Apra 2021 "deemed that the facility was not being maintained so IRSC standards and was unfit for continued occupancy,'spokes- person Suzanne Selden told TCPahn at the time. The 1936 building was doted omift, IRSC officials told ORCA. 'that baffled ORCA staff. Managing Dlmdor Warren Falls, who is a kcensed contractor, said the structure was "strong"and "sound," and had passed all its fire Inspections. The interior and mostly a donor had been renovated in 2018 to fix hurricane, damage IRSC repeatedly denied TCPnim's re- quest for Ins' action records detailing lamblemswr thebullsh.g. IRSC a -'^'' 911CA's request for more tie its n¢M lutadquarers. ;.,ncy with whkh they n d to get m out of there mystifying,' Widder told is pending. The lawsuit against the school boards in Indian River, Orange, Duval and Palm Beach countse, was filed July 25 in federal court in Orlando. It has been assigned to U.S. District Judge Wendy Berger, who was named to the federal beach by former President Don- ald Trumpafle, serving es a nate appel- late and circuit judge. Attorneys for the four school boards have not filed initial arguments In the case. But In the separate east fill in Tallahassee, Attorney Genets[ Ashley Moody's office has contended that the state has the right to set curricuhlms for public schools and disputed that the 'Legislature acted out of animas against LCBTQ individuals.' The bill mfieds ro governmental preference about what students should loam about sexual orientation and gen- der identity,'the state's lawyers wrote In a motion Io dismiss the case. 'Those subjects must be taught appropriately and, forthe youngest children, they may c TC►ALMXOM I TUESDAY, AUGUST 30, 2022 1 aA be toughs by parents, not in public - Schnell classroom settings. That Is a k- gitimate (state) Imcreat7 The plaintiffs in the Orlando lawsuit include Jen and Matt Cousins, the par- ents of four children in Orange County schools; Win Larkins,aseniorat Orange County's Winter Park Iligh School who Is president of the school's Queer SW - dent Union; David Dinan and VikGongi- dl, a married same-sex couple who have two children in Indian River County schools; and the nonprofit Cente,Link, lite, which has members including LCTBQ community centers In Orange, Duval and Palm Beach counties. They are ®presented by lawyers from the lambda Legal Defense and Education Fund, Southern Legal Coun- sel, the Southern Poverty Law Center and the international law firm of Baker MCKenzlc. In Friday" motion for a preliminary Injunction, they raised a series of argu- ments, Including that the law "imper- missibly chills" speech In violation of the FlrstAmemlmc it and is unconstim- tionaily overbroad and vague. They also cited steps that the school districts have taken to try to comply with the law. As an example, they wrote that the Duval, Indian River and Palm Beach school districts have reduced or diml- nated LGBTQ-studenl support guides and anti -bullying guidance. "In (the Palm Beach County district), professional development workshops on LGwrQ+Issues were suspended and, in many districts, books with LG81'Q+ characters for students in K-12 have been removed or are being reviewed un. der HB 1557,"the motion said. "Teachers have been, encouraged toavoid anything that might generate discussion about LGBTQ+ people and have been chilled from supporting LGUrQ+ students and student groups. And, organizations that have traditionally provided LGBTQe training and other services to schools ambeingblocked fomcompletingtheir vvmk' TCPalmThursduy"Atthctrme,IMgged teamorca.org, them to let us stay a little longer.' Mar Chesnes is a TCPalm enuimn- mnrr reporter focusing on fmfes facing IRSC Hospitality Center rim Indian Ricer Lagoon, St. Lucie Ricer and Lake Ok,-I,.bm. you con keep up Once ORCA vacated, a new name ap- peared on thesign! "11-pitalky Center." What the building will be used for re- mains unclear. It's loo early to deter- mine, as there is ".such to do to make the building fit for —panty," Selden told TCPahn Thursday. The building will remain unoccupied until an assessment, review and reno- vation am complete, Selden said. She could not provide a dateline. The building is reserved for thu col- lege's hospitality program, which love us- es on the tourism industry. Seldes told TCPahn last year. The building features Dade County pine, New England-stylo arches with tucked -away windows, lengthy kitchen cabinets designed for naval military Of- Reen who lived there during Work) War Ii. A third -floor ladder accesses a pan- oramic view of the ocean, Wet and la- goon. Despite not having a hcadquaners thispast year, ORCA expanded its cW- zen science program and continued its Indian River Lagoon research, Widder said. I'm lookingforward to even snore ad- vancements in the coming years, when s a've got this new space to depend on," site said. ORCA Is still accepting donallonb at RAI(: (antra. b.mn tY( as r9SAllWt Ca�rnnaan tbwr4,ra IbiaatM (rw4 AbaCa. xm � Dw�" �mmurgMr.,a Nxnwaa-�IGWr,mnO"rod'v �b "sn.w�u,wbi„M+nb VCa .++taint M Busipao t u ii cowv wrn a� uv�iravc�iru(cfliuMmvAM�o cNiv(nrDiatin' i.orirw' TK DaIaKLDfbcmYa6 rMIa�p 510eY'xm�iaain-ue,TMareans of ori orsraaro«r-1miO aoor ,ri.v�w.rw� ra.mo«wrmA we�t�e� Miiwwl�rw�vavar+eb ~iwwrxrm�i Oa oa�m; .mh.,°.°r.:iw,�.v�„ ."e �.den«wa ^'n r•: �«�w`+:::i �.,:(�r=re..r bun b Marmlvq Orth fer.(y�Wvaa J/ ; , r a�vean �." Mia vcNw'R�wei j ,.�I� Wit' ..) •• 41 : Edle Widder, lead ac sntist and f ... de, of the Ocean Res Conearcvatioht n Assotlation, speaks with bo.,d tuber and eonm March29 during an open house event at the organ zation's laboratory in Vero Beach. DOVE1-11 mi/h Mar on Toltler C&M—Chesnes, email hint til maccheanes@ 1cpafm,rnm and giver him a call at 772- 978-2224. 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"We think h went very well," said Eric Behymer, owner of Indian River Auction Gallery which handled the auction. A lot of It did go back to the family, the Tripsuns and the Sessions, which we were happy to ace. These suss quite a bit that's going to be taken to other local restaumms and displayed them" The Sexton family, descendants of well-known Ia d architect and devel- oror N'aldo Seaton, previously owned the building. Sexton built the Patio and other Icons of Old Vero: the Driftwood Inn, McKee Botanical Garden and Sze- chwan Palace. For his descendents, the Patios clo- sure was far more bitter than sweet. For one tiling, they had no ilea an auction would happen et all, said Mike Seaton, Waldo Sextons great-grandson and a local real estate agent. The family believed the buildings I.- tertor would remain untouched, but they found mit otLenvfse when the auc- tioneer broke the news to them, he said. "it sues kind of a surprise," Sexton .old. "But when you sell something, It'. not yours anymore: Heard! his father decided to buy buck LGBTQ Continued from Page 4A these groups come out of Ute woodwork aril all a sudden they Bran calling you a bigot .- and frankly all we arc doing is bringing common sense to the equa- tion," Ziegler said. Christian Family Coalition Florida Executive Director Anthony Verdugo said DeSantis has taken positions on transgender Issues that have broad ap- peal, citing his pushtokeep transgender Individuals from playing women's sports. "It's not misogyny. It's not sexism. It's common sense," Verdugo said. In the process, the governor has be- come the dading of axial conserva- tives. "He's viewed as a hero," Verdugo said. "Hes viewed os a leader. He's viewed as a courageous man, as a statesman. lie Is willing to say what others are thinking but either will not say or dont have the platform. He has gotten so much support from cultural conservatives because he's speaking their language, Hes fighting back.' DeSantis spokesman Bryan Griffin said the governor Is "devoted to protect- ing children and empowering parenLsf "To the extent that sexual topics are being Injected into the education of- or marketed towards -children, the gover- norls standingup and pushing back," he said. Verdugo believes DeSantie'egenda is a recipe for electoral eueeecc, saying It will appeal to suburban female voters who Red the GOP because they ditlnt like( mer President nenald Trump LGBTQ advocates say it's A cynical strategy. "They am creating this phony moral panic about I.CBTQ people to whip peo- ple up into a frenzy and divide people further," said! emxratic state Rep.Car- Iris Cufllern Smith, the state's first openly g;' --- --,mr. ake wiset¢<:. a TCPALM.COM I TUESDAY, SEPTEMBER 6.2022 1 6A Over 300 pieces of historle decor at The Patio Restaurant were displayed for visitors to Inspect on Aug. 16 M Vero Beach. An auction was held for those wishl.g to take home a piece of Vere, history, xxaa ravcsztt.1.i some of the d6cor, he said, including some of the wrought -Iran architecture. The huntly didn't take anything before they sold the restaurant because they thought the Interior would be pre- served, to said. "Had I Insw. that, I probably would havelust taken some things that I want- ed," he said. "But 1 was trying to do the right thing and leove it there for every- body to enjoy" Real estate broker Ponies & Co. pur- chased the building Feb, 2.1 for $600,000,attordtngtocounty property records. Athan Pmkas, ?rakes & Co:s owner, Is leasing it to transform it Into a golf-aimulolor sports bar," he said. up LGBTQ advocates and their allies, who are highly motivated to take him ora. LGBTQ activists mobilize DeSanlis seems to belleve that many people are uncomfonablc with the drs- cussion ammtd gender Identity that has taken place in recent years, nod he can Use, that to his political advantage. "They talk about pansexualism and all this sluff," Worth salolduring a m- centrally foreensurvativeschool board candidates."yon hest'Kinking . "issag- Ine ,her mu elderly, they don't know .hot any of this stuff Is. it's cid that you would even he talking about it" but Smith, the head orro utility Flori- da, said acceptance of transgemler peo- ple Is growing and will only Increase. "This conversation remhnda meaf the conversati...round narringc NuMlly; Smith sMd. "We lost 38 states in a row before the tide changed.- Young hanged"Young people are especially sympa- thedc to the Idea that gender identity is fluid, and have been among the most vocal in pushing back agmsest De. Santis. 'there were student led walkouts across the state in response to HB 1557. Now LGBTQ activists are trying tohur- ness this energy Into defeating Desen- tis. "D.Snnlia .,say think be, whining but let one tell you tie's rat," said Lakey Luvc, a transgender individual who co- founded the Florida Coalition for Trans - gender Liberation. 'This generation that'o coming but of (hone public schools are going to push people like him and his out," Zander Moricr, the Harvard student, said he plans to visit Florida regularly this year and coordinate other cam- paign efforts from his dorm room. "DeSantis has brought a lot of ener- gy.. out of youth in line state," he said. 'Not out of inspiration, but out of fear and urgexy." nus wall reelection Fagnra Herald-7Yfbune Aoliffmf Edi - it on whathei-bisc.]. for Zac Anderson on 7Yut1ler tit �Zar- bascrossoverappeal fnnderson.Heconberrodeedataocnn- se more thun it fires dersun@hernfdtribune.com �nb awNMGea,�ar acaam,ra,r. V r�'si�i,vl,y d�wbbmwolpwki PQG s.pn,a,e w.wn lWk a.— or — r i.r ,w+Ku rve.,r•b,`m`°s,i. rva,.,. wean v++aw....uu�s VG"���"ro rrarurrs, wo-nows xune..,,ovuw riss,,.rs,uini o:�o awomeee"'aainc"r otun` esC"... .°"'""asw: w.a so.�.a» a a�w'.,°>;"owi.,, ... w•: :a�.,��<,woae..e aro« a ,. x• e�w .�a..�.. w�,sr_ £ -A Its interior will be redone 1. a—,- mndate three virtual -golf simulators, while Its exterior will remain The same, he said. The auction cleared the way for the ,consistent'. transfurmation. More than 300 items wem up fersale, ranging from the building's wrought iron fencing to its chandeliers, oil paintings and old dinner menus. A majority of it was sold. Behymer said, and some items, such as the French floor IBe, sold for as much ns 53,500. "were thankful to everybody for coming out to support the history... and wanlhng to preserve acme of that .tuff," he said. `yva arc very thankful and hap- py To see It go to hedividneis rather than it being trashed." About s0 items werestill left tofterIhe auction ended Wednesday, so the Indt- an River Auction Gallery Ilkely will hold a seeond auction bier this month, he said. Eren ihough it wasn't the ending the Sexton family wanted, alike Sexton ac- knowledged these was a silver lining: The building itself is still standing, end pans of it will live on. As bittersweet .$ it Is. I'm kind of hoping maybe sonic of the people in the cmnmunity that love that place are go- bng to get to take a little piece of it home with them; he said And his wish seem. to have come lone. Ocean Grill and Kelley's Irish Polk will display some items, Belunyer sold, while other people will get to cherish some decor In Ilse comfort of their homes. One couple, for example, purchased one of the Patio's signs for $1.100. "Her and Iter husband used to eat hinchthemdelly; besaid."They bought that and the menu, and they're going to hang B in their game room: Thmnne Weber L TCRolm's Indian River Co..ty 8o .nientlowhologre- porter.youfanranchhireatMon l.w- ber@tcpolm rota or 813-545-9113. Fell.. him on Fb<ebaok tied T.111 - A Brevard Say Gay Rally at Front Street Park was held In May with a march over the Melbourne Causeway. The rally was to support solidarity with LGBTO students and Nrnili........ Mnehr•e<ss,noa,n<To— The $50 Cashmere Sweater 4.7 ( 5.0150,000,+ reviews Yep, you read that right. 100% Grade A Mongolian Cashmere. 12 colors for 50-75% less than other brands. Because you deserve it. Quince ONEQUINCE.COM 0 5 v Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney [e.C, 1. Public Notice Item - B.C.C. 9.13.22 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 29, 2022 SUBJECT: Public Notice of Public Hearing for September 20, 2022, to Consider a Resolution Adopting a Non -Ad Valorem Special Assessment Roll on Hospitals for the Local Provider Participation Fund The Board of County Commissioners will hold a Public Hearing on Tuesday, September 20, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND ADOPTING A NON -AD VALOREM SPECIAL ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY BENEFITED BY THE ASSESSMENT; COLLECTING THE ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENT AND THE METHOD OF ITS COLLECTION; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS NECESSARY; 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, 1801 27th Street, Vero Beach, Florida 32960. C:IGranimV,egistar51L51 Pempllbb]23a741J24a33-98ea-05a250d91250.doc 510 County Administrator's Matters September 13, 2022 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: August 31, 2022 SUBJECT: Update Regarding the Pending Sebastian Annexation Background Staff would like to provide an update on the pending annexation of 1,984 acres into the City of Sebastian. A copy of staff's suggestions for the annexation agreement is attached. This was sent on August 31, 2022, per request from the city council. Funding There is no funding associated with this item. 511 August 31, 2022 Mr. Paul Carlisle City Manager, City of Sebastian 1225 Main St. Sebastian, FL 32958 Dear Mr. Carlisle, County staff appreciates the opportunity to provide our comments and suggestions for items to be incorporated into the annexation agreement between the City of Sebastian and the Graves Brothers. The annexation of a large parcel (1,984 acres) such as this presents a great opportunity to have a positive impactful development for the City and the County alike. We present these items in the spirit of collaboration and hope that we could discuss the rationale behind them with City staff as well as any mutually agreeable alternatives should the City not be supportive of including them. We would like to reiterate that the County fully respects the City's home rule authority and right to make planning decisions regarding the future of the City. The suggestions below fall into two broad categories. The first category consists of comments that would enable the County to plan for the provision of various services within the annexed area going forward (e.g. water & wastewater service, some transportation improvements, fire rescue). The second category is purely "advisory" in that the County would like to see them to hopefully ensure a model development of the area for the future. These would be similar to what was asked of City residents at the annexation workshops held in June. Suggested Annexation Agreement Items to Enable County Infrastructure Planning and Service Provision The overall density on the site will not exceed 3.0 residential units per acre. This would limit the site to no more than 5,952 residential units, which at an average of 2.5 persons per household would result in about 14,900 additional residents at buildout. Densities would vary across the project with higher densities in some areas balanced out by open space, commercial areas, and lower density residential areas. This limit would ensure that the overall density is somewhat consistent with existing densities in the City to help maintain the character of the area. • Total commercial and industrial development limited to no more than 100 acres. OFFICE OF THE COUNTY A DAHNIS TRA TOR INDIAN RIVER COUNTY 180127" Street, Vero Beach, FI. 32960-3388 PHONE: 772-226-1408 512 2 Note: The density limits above will limit estimated water consumption to less than 2 million gallons per day (MGD). If the project were to develop at 10 units per acre (which we don't believe is the intent), this would result in approximately 5 million gallons per day of water consumption (not accounting for commercial development). For comparison purposes, the total consumptive use permit for the County Utility is limited to 12.8 MGD. • Development within the area will need to provide for connection to pressurized County reuse, including all residential areas, for irrigation purposes. This will help the County in managing and preserving the limited water resources available. • The owner shall provide a 75 -acre parcel in an area mutually agreeable to the County and the owner for the siting of a water and/or wastewater treatment facility. Strategically located, this may also include reuse water pumping and/or storage facilities. • The owner shall cooperate with the County to transfer ownership and/or capacity from any permitted wells on the property to the County Utility for water supply purposes. • The owner shall provide land for a fire rescue station(s) based upon the overall density level. The current level of service per the most recent impact fee study is 1 fire rescue station per 10,548 residents. Based upon a 3.0 residential unit per acre density, this would require provision of 1 fire rescue station site in a mutually agreeable location. This could perhaps be collocated with the water/wastewater site. The items listed above will help the County plan for infrastructure needs and enable the County to provide reasonable assurance to be able to serve the area as it develops. Additional site- specific requirements would be determined through the development (e.g..site plan) process as well. Suggested "Advisory" Annexation Agreement Items Below are the suggested "advisory" annexation agreement items with suggested draft language. • The site shall be developed through the Planned Unit Development (PUD) process, and a comprehensive conceptual master plan, for the entire project area, will be approved by the City Council prior to any development of the project area. Mixing of Uses: Guidelines from County New Town Policies o Commercial, and office areas shall be provided at a ratio of three (3) to ten (10) acres per 1,000 residential units. o Residential use areas shall constitute at least fifteen (15) percent but not more than thirty-five (35) percent of the entire area. o Employment areas, including industrial, business, and office uses, shall comprise at least two (2) percent of the entire area. • At least ten (10) percent of the total housing units shall be affordable and/or workforce housing units (Family income between 30 and 100 percent AMI to ensure that there is housing available within the project area for workers employed within the project area. Open Space: At least fifty (50) percent of the entire area shall be preserved or provided as open space. Open space areas shall be retained as natural areas or used for 513 3 agriculture, recreation, stormwater management, or similar uses that complement the rural nature of the area. o At least seventy (70) percent of the minimum required common open space area shall be located along main project boundaries and shall function as perimeter greenbelts. These required greenbelts shall include and be contiguous with the South Prong Slough Conservation Area. o Such common open space shall not include conventional, individual private yard areas. Common open space areas may include agricultural areas, parks, and recreation areas, conservation and natural areas, and water bodies (not to exceed thirty percent of the open space requirement). • Environmental: All onsite stormwater facilities shall utilize Florida Department of Environmental Protection Best Management Practices (BMPs) for stormwater pollution prevention in order to minimize impacts to the Sebastian River and Indian River Lagoon. The proposed development will provide the City and County with documents demonstrating compliance with Section 10.2.7 of the St. John's River Water Management District Applicant's Handbook regarding the potential for secondary impacts to wetlands. Additionally, should a Section 404 permit be required for development in federally jurisdictional wetlands, a copy of documents demonstrating compliance with federal guidance regarding the assessment of indirect effects and impacts in wetlands will be provided to the City and County. The transition of land use in uplands abutting headwater wetlands can alter groundwater recharge and surface water runoff regimes. As part of the environmental permitting process for the project, the developer will provide assurances to the City and County, through predictive watershed modeling, that hydrologic impacts will not occur to the County's South Prong Slough Conservation Area. This modeling shall provide data to establish the extent of required upland buffers, and other site design considerations that are required to maintain the hydrologic integrity of the South Prong Slough Conservation Area wetlands, and downstream areas. Transect/Form: The development shall, at a minimum, have a perimeter edge and a center. Along the perimeter edge a green belt as described above shall be established. The greenbelt shall consist of natural areas, agricultural areas, and/or "no -build" areas designated on large acreage parcels. A project center shall be established for the concentration of residential and commercial uses. • Roadway Grid: The development area will include connections to CR 510, 82nd Avenue, and 691 Street as allowed in accordance with Chapter 14-97 of the Florida Administrative Code. Connections will also include extending the existing Sebastian roadway network south, including the extension of Laconia Street to CR 510. Additionally, the project design shall reflect the following: o A network of ungated and open to the public interconnected streets in a grid or modified grid pattern. c An interconnected pedestrian sidewalk/path system that serves and integrates residential and non-residential uses. 514 rd Appropriately sized blocks and pedestrian improvements that provide a layout that maximizes residential development in clusters around town centers. Town center shall include but not be limited to public squares or parks, as well as commercial and residential uses. Blocks may be defined by streets or major pedestrian paths. Wide sidewalks, street trees, seven -foot bike lanes, and on -street parking shall be provided within the project center. and on all proposed access roads to and from the center in order to promote alternative travel. Timing of Land Uses: A sufficient amount of job -producing and non-residential uses shall be developed in initial project phases to prevent creation of a de -facto residential only or bedroom community and to ensure development of a job -producing "anchor tenant." No more than twenty-five (25) percent of the proposed residential use development will be permitted until at least twenty-five (25) percent of the proposed commercial, office, and light industrial uses occur. Low Impact Development (LID) techniques should be incorporated, such as vegetated filter strips at the edges of paved surfaces, rain barrels and cisterns, bioswales, residential or commercial rain gardens designed to capture and soak in stormwater, porous pavers, porous concrete, and porous asphalt. as well as green roofs. Again, County staff appreciates the opportunity to provide input into this important process. We would like to discuss these suggestions with City staff at the appropriate time in an effort not to delay the process. We offer a spirit of collaboration to discuss alternatives to any suggestions that the City does not support in the hopes of reaching an annexation agreement that will help to provide a good result for the residents of the City and the County. Sin ely, Jason E. rown CouOty Administrator LI Cc (via email): City of Sebastian Council Members Indian River County Commissioners Phil Matson, IRC Community Development Director Sean Lieske, IRC Utilities Director Rich Szpyrka IRC Public Works Director Dylan Reingold. IRC County Attonrey 515 II.E-2). COUNTY ADMINISTRATOR INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown, County Administrator FROM: Michael C. Zito, Assistant County Administrator Suzanne M. Boyll, Human Resources Director DATE: September 7, 2022 SUBJECT: Ratification of Collective Bargaining Agreement between Indian River County and Teamsters Local Union No. 769 Effective October 1, 2022 through September 30, 2024 BACKGROUND The current Collective Bargaining Agreement between the County and the Teamsters Local Union No. 769 will expire on September 30, 3022. On August 18, 2022, the County and the Union tentatively agreed on a successor agreement effective October 1, 2022 through September 30, 2024. The proposed Agreement was submitted to the Teamsters membership and ratified by the Union on September 6, 2022 and is presented to the Board of County Commissioners for approval. Attached for your consideration are the proposed changes that have been agreed upon by the parties. The new Agreement has a duration of 2 years. It provides for a first-year general wage increase of 6% for fiscal year 2022/2023, with a wage reopener in the second year of the Agreement. Annual anniversary increases of 2.5% or lump sum top out bonus of $1,300 are included in each of the two years of the Agreement. Other negotiated changes include: • Increase in the safety shoe allowance from $150 to $200 annually • Advance notice of 45 days to review shift bidding for Water and Wastewater operators • Language providing for mileage reimbursement when using personal vehicle to travel between work locations if County transportation is not available • Language providing for determining who will be required to work overtime if no one voluntarily accepts an overtime assignment and providing for the ability mutually agree to modify overtime distribution procedures • Modification of temporary assignment pay to include work as a lead employee when assigned by management • Revisions to the promotions/transfer article reflecting the County's electronic application system, providing that current employees who apply for positions and meet the minimum requirements will be extended an interview, and clarifying the selection criteria. • Provision of a 10% pay reduction when an employee voluntarily demotes (not to exceed the maximum of the pay range) 516 • Providing for increased time limits in the grievance process • Providing for, at management's discretion while awaiting reasonable suspicion drug test results, temporary reassignment to non -safety sensitive position, or removal from duty and placement on paid sick or vacation leave, or placement in no -pay status if no leave is available • Providing for time off from work and jury duty pay for shift employees if certain rest periods are not provided when serving on jury duty • Providing for conversion of one half of sick leave balance that is over the maximum thirty (30) day accrual to vacation leave at end of December each year for employees hired on or after October 1, 2011 • Providing for holiday overtime to be paid on either the observed or actual holiday depending on the day the employee is scheduled to work • Providing for personal day holiday hours to be used on an hour for hour basis • Providing for the ability for accrued vacation leave to be requested during new hire probationary period • Providing for the addition of a third shift differential of 10% • Creating a career progression for Utility Service Worker positions and providing for upgrade of Utility Crew Leaders and Line Location Technicians to include additional wage adjustments • Providing a $40 biweekly incentive pay for Beach Lifeguards and full-time Pool Lifeguards who possess EMT certification • Providing for biweekly incentive pay ranging from $20 to $40 for employees in the Public Works Department who possess Class A or B Commercial Driver License (CDL) with certain endorsements and is used in the performance of County work The full Agreement incorporates the negotiated changes as well as the remaining articles of the Agreement which remain unchanged and will be executed by the Chairman upon approval by the Board. FUNDING The total anticipated cost of the proposed agreement is estimated to be $2,356,389 over the two- year period. Funding for the first year of the Agreement is included in the proposed FY22/23 Budget. RECOMMENDATION: Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. ATTACHMENTS: • Proposed Agreement between Indian River County and the Teamsters Local Union No. 769 517 PROPOSED CONTRACT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL UNION NO. 769 October 1, 2022 — September 30, 2024 518 TABLE OF CONTENTS Article 1 Recognition Article 2 Intent and Purpose Article 3 General Article 4 Nondiscrimination Article 5 Correspondence Article 6 Bulletin Boards Article 7 Management Rights Article 8 Subcontracting Article 9 Availability Article 10 Safety Article 11 Union Representation & Access Article 12 Payroll Deduction of Union Dues Article 13 No Strike - No Lockout Article 14 No Concurrent Employment Article 15 Attendance and Punctuality Article 16 Hours of Work Article 17 Overtime Article 18 On-Call/Standby Article 19 Call Back Article 20 Temporary Assignments Article 21 Probationary Period Page No. 1 2 3 4 5 6 7 9 10 12 14 16 17 18 19 20 22 23 24 25 26 519 520 Page No. Article 22 Promotions/Transfers 28 Article 23 Discipline 30 Article 24 Grievance and Arbitration 31 Article 25 Separations 35 Article 26 Insurance 38 Article 27 Drug Testing 39 Article 28 Leaves of Absence 40 Article 29 Paid Sick Leave 45 Article 30 Holidays 47 Article 31 Vacation Leave 49 Article 32 Uniforms, Tools and Equipment 51 Article 33 Wages 52 Article 34 Entire Agreement 54 Article 35 Printing Agreement 55 Article 36 Savings Clause 56 Article 37 Duration of Contract 57 520 ARTICLE 1 RECOGNITION 1.1 Indian River County (the "County") recognizes Teamster Local Union #769 affiliated with the International Brotherhood of Teamsters (the "Union") as the exclusive bargaining agent for PERC purposes for the employees in the unit designated by the Florida Public Employees Relations Commission (PERC) in Certificate #1067 excluding all other employees. Probationary employees shall have no grievance rights whatsoever. 521 ARTICLE 2 INTENT AND PURPOSE 2.1 It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering rates of pay, hours of work, and conditions of employment; to achieve and maintain harmonious relations between the County and the union; to ensure the continuous, uninterrupted and efficient operation of all departments; and to provide for the prompt and amicable adjustment of differences which may arise. Fil 522 ARTICLE 3 GENERAL 3.1 Masculine pronouns used herein shall refer to men or women or both. The use of masculine job classification titles shall be construed as including both genders. 3.2 Unless otherwise stated in this agreement, references to "days" shall mean calendar days and not work days. 3.3 The term "Department Head" as used in this agreement is defined as the level of administrator in the employees' department or division who reports directly to the County Administrator. 3.4 Whenever the terms "County Administrator" or "Department Head" are used, the terms shall be interpreted to include their duly authorized representatives. 523 ARTICLE 4 NONDISCRIMINATION 4.1 Neither the County nor the union shall harassment against any employee covered religion, color, national origin, age, gender, violate any applicable law. discriminate or permit the unlawful by this agreement because of race, or disability in a manner which would 524 ARTICLE 5 CORRESPONDENCE 5.1 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than four (4) members designated by the Union and four (4) members designated by the County. The Union Committee membership shall consist of persons from within the position classifications covered by this agreement. Permanent members of the committee will be the Union Business Agent, the Chief Steward, and the County Human Resources Director. Nothing herein requires the attendance of the County Administrator at any Labor -Management Committee meeting. 5.2 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours (see Article 11.4). 5.3 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 5.4 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. 5.5 Unless otherwise provided in this agreement all correspondence from the union to the County shall be directed to the Human Resources Director and all correspondence from the County to the union shall be directed to the business representative. To comply with the time limits contained in this agreement, such correspondence shall actually be received by the Human Resources Director or union business representative on or before the date due unless sent via the U.S. Postal Service. When the U.S. Postal Service is utilized, all time limits contained in this agreement shall be considered to be met so long as the postmark date is in compliance with the specified time limit. 5.6 It is the responsibility of the union to furnish the County with a mailing address for it and to advise the County of any address changes. The initial addresses are as follows: COUNTY Indian River County 1800 27th Street Vero Beach, FL 32960 (772) 567-8000 UNION Teamsters Local Union #769 3400 43rd Avenue, Suite 3 Vero Beach, FI 32960-1808 (772) 978-0011 5.7 Each party shall copy the other on any and all correspondence pertaining to the contract sent to or received from PERC. 525 ARTICLE 6 BULLETIN BOARDS 6.1 The County will furnish space for the Union to place one bulletin board at each location where bargaining unit employees regularly report to work. 6.2 The Human Resources Director shall approve the exact location for placement of all bulletin boards. Bulletin boards may be no larger than 20 inches by 30 inches, unless mutually agreed to by the parties. 6.3 All notices placed on such bulletin boards shall relate solely to official union business. Notices posted shall not contain derogatory, defamatory, inflammatory, or untrue statements about the County or any of its officials. Bulletin boards shall not be used to communicate with the general public, to distribute political matter, or for advertising. All notices shall clearly state that they are "Teamster Notices" and shall be signed and dated by the union business representative or chief steward, who will accept full responsibility for their content. The Union shall attempt to furnish a copy of any material to be posted to the Human Resources Director or her designee prior to posting. If the Union is unable to furnish the materials prior to posting, the materials shall be furnished as soon as possible after posting. 6.4 The union stewards shall check all bulletin boards at reasonable intervals to ensure that no unauthorized materials have been posted. If unauthorized materials have been posted or if the union chief steward has been notified that bulletin boards contain unauthorized materials, the union chief steward shall cause such unauthorized materials to be removed immediately. If the unauthorized material is not removed by the union chief steward, it may be immediately removed by the County. Employees who post material that violate this Article may be subject to disciplinary action in accordable with applicable rules and regulations. 6 526 ARTICLE 7 MANAGEMENT RIGHTS 7.1 Except as otherwise specifically limited in this agreement, the Union recognizes and agrees that the supervision, management, control and determination of the County business, operations, working force, equipment, and facilities are exclusively vested in the County and its designated officials, administrators, managers, and supervisors. The County alone shall have the authority to determine and direct policies, mode, and methods of providing its services and unilaterally set the standards for same, without any interference in the management and conduct of the County's business by the Union or any of its representatives. Except as expressly limited by a specific provision of this agreement, the County shall continue to have the exclusive right to take any action it deems necessary or appropriate in the management of its business and the direction of its work force. Without limiting the generality of the foregoing, such rights exclusively reserved to the County shall include but not be limited to its right to determine the existence or nonexistence of facts which are the basis of management decisions; the right to determine the size and composition of its work forces; to determine the existence of a job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign, direct, lay-off and recall employees subject to the express provisions of this agreement; to determine the fact of lack of work; to determine questions of physical fitness, skills and ability of employees to perform the work; to reward or reprimand, dis- charge or otherwise discipline employees; to maintain the minimum quali- fications/certifications for job classifications and the amount and type of work needed; to engage in experimental and development projects; to determine what records are to be made and kept, including those records relating to hours of work of employees, who will make and keep the records, how the records are to be made and kept; to establish new jobs, abolish or change existing jobs; to determine the assignment of work; to contract out or subcontract work; to schedule the hours and days to be worked on each job and to make time studies of work loads, job assignments, methods of operation and efficiency from time to time and to make changes based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, create, or restructure any department or operation for business purposes; to control, regulate, and determine the number, type and use of supplies, machinery, equipment, vehicles, and other property owned, used, possessed or leased by the County; to introduce new, different or improved methods, means and processes of County services and operations; to make or change rules and regulations, policies and practices for the purpose of efficiency, safe practices and discipline; and otherwise generally to manage the County, direct the work force, and establish terms and conditions of employment, except as modified or restricted by a provision of this agreement. 7 527 7.2 The County's failure to exercise any function or right hereby reserved to it, or, its exercising any function or right in a particular way, shall not be deemed a waiver to its rights to exercise such function or right, nor precludes the County from exercising the same in some other way not in conflict with the express provisions of this agreement. The Union agrees that the County may exercise all of the above without advising the Union of any proposed action. The exercise of the rights specifically listed in this article does not preclude the employees or their representatives from conferring with management, raising questions about the practical consequences that decision on these matters may have on the terms and conditions of employment, or impact bargaining in accordance with applicable law. 7.3 Past practices of the Board of County Commissioners or County management shall not be considered for the purpose of limiting the rights, responsibilities, or prerogatives of management, nor for the purpose of enlarging upon the specific and express limitations on management which are contained in this agreement. 7.4 If the County determines that civil emergency conditions exist, including but not limited to riots, civil disorders, strikes or illegal work stoppages, hurricane conditions or similar catastrophes or disorders, the provisions of this agreement may be suspended by the County during the term of the declared emergency. Notwithstanding the provisions of Article 5, Correspondence, notice of such suspension will be given to the union president as soon as practicable after the determination has been made and by whatever means is appropriate in the circumstances. 7.5 The employer will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this agreement or working conditions known to management which existed prior to this agreement. s 528 ARTICLE 8 SUBCONTRACTING 8.1 For purpose of this agreement subcontracting shall mean work which is contracted out by the County to an agency, person, company, or other provider which results in the direct displacement or layoff of then existing bargaining unit employees or existing bargaining unit work. The County reserves the right to subcontract work which will result in the elimination of budgeted County agrees to notify the union whe County Commission agenda. The unic County Commission and express its consideration at the time the Commis: item. If employees are laid off due to provided under Article 25, Separations. Should subcontracting occur bargaining unit positions, the the request to subcontract is put on the n reserves the right to appear before the position to the County Commission for ion considers the subcontracting agenda Subcontracting, they shall have the rights 529 ARTICLE 9 AVAILABILITY 9.1 All County employees are subject to call back and as such shall keep the County informed of their address and telephone number, if they have a phone. If the employee has no telephone, it shall be the employee's responsibility to provide another means of communication which will provide access within 15 minutes. 9.2 All employees being paid for stand-by must maintain availability during such stand-by period. Employees who do not answer a page during such stand-by status shall be subject to disciplinary action and will not receive payment for the designated stand-by period. 9.3 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency may be cause for disciplinary action up to and including termination of employment with Indian River County. 9.4 The County will attempt to provide employees as much notice as possible that they will be required to work during the declared emergency. It is the responsibility of employees to heed advance warnings of potential emergencies and prepare for the possibility of a declared emergency outside of normal working hours by securing their property and making an emergency plan for their family members. Employees who will be required to report for duty during a declared emergency, who may need time away from work to secure their property prior to reporting for duty before the event, may request paid vacation leave or unpaid leave of up to 4 hours. The County will attempt where able under the circumstances to approve time off unless there is an emergent staffing need preventing approval. After the event, the County will attempt, where able under the circumstances, to release employees who were required to work through the event from duty to secure their families and personal property. If nonessential employees are released from duty with pay in response to a forecasted threat or actual County -declared emergency, bargaining unit employees who are required to complete their shift shall be paid for the remainder of their normally scheduled shift at two (2) times their regular rate of pay for all hours worked during the same time period that the nonessential employees are not required to work. Employees who are required to work beyond the end of their normal shift during the declared emergency shall be paid one and one half (1 '/2) times their regular rate of pay for all hours worked. Nothing herein prevents the County, on an event -by -event basis and in its io 530 discretion, from paying employees required to work during declared emergencies more than one and one half (1 1/2) times their regular rate of pay. 9.5 The County shall provide food and shelter for personnel who are required to work during a County declared emergency, unless circumstances render the County unable to do so. 9.6 The County shall provide leave before, during, and after a declared emergency as required by the Family and Medical Leave Act. 11 531 ARTICLE 10 SAFETY 10.1 All employees and the County shall be responsible for following the provisions of the safety policy manual provided to them. The County shall continue to have the right to establish, adopt, change, amend, withdraw, and enforce the employee safety manual so long as such actions do not result in a conflict with the specific terms and conditions of this agreement. Notice of changes to the employee safety policy manual will be provided to the Union and conspicuously posted in all work areas. Except in the case of any emergency, such changes will be posted at least five working days before the effective date of the change. Failure to follow prescribed safety procedures may result in disciplinary action. 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees from injury shall be provided by the County. Such items, when provided, must be used and the Union agrees that willful neglect or failure by an employee to obey safety regulations and to use safety equipment shall be just cause for disciplinary action. Protective devices, apparel, and equipment applicable herein are listed below and include but are not limited to. A. gloves B. rubber boots (when required) C. safety hard hats (when required) D. safety vests (when required) E. safety goggles (when required) F. uniforms G. sunscreen H. safety glasses I. rain gear (when required) J. hearing protection Those employees required to wear safety shoes in accordance with this article shall be paid $200 annually. Such payment shall be made the first full pay period of October each year. New employees hired on or after October 1 but before March 31 will be paid a prorated amount of $100 and payment shall be made the first full pay period of April each year. Those employees hired after April 1 will not be eligible for the payment until the following October. 10.3 Any employee shall have the right to present safety concerns and recommended solutions in writing to the Risk Manager. The Risk Manager shall respond in writing to the employee within 15 working days. 10.4 The County and division safety policies will be readily accessible to employees in either written or electronic format. 10.5 Employees determined by the County to be at risk shall be provided vaccinations for Hepatitis "A " and Triple "T" (Typhoid, Tetanus & Diphtheria), including follow - 12 532 up visits deemed necessary by the health care professional to complete the vaccinations. 13 533 ARTICLE 11 UNION REPRESENTATION & ACCESS 11.1 The union will not be required to represent in a grievance any employee who is not a member of the union. 11.2 For the purpose of representing employees in accordance with the provisions of Article 24, "Grievance Procedure," the union may designate a maximum of 16 stewards. Each steward will represent employees only in his/her department or group of departments, as follows: Area Maximum # of Stewards Parks, Recreation 2 Building & Grounds 1 Road & Bridge, Public Works, Engineering Traffic Engineering, Vehicle Maintenance 4 Golf Course 1 Solid Waste/Refuse, Solid Waste Management, Solid Waste Recycling 2 Sewage Treatment 2 Water Production 2 (one per plant) Utility Operations 2 The union may designate one of the stewards to be the Chief Steward. 11.3 The business representative of the union shall notify the Human Resources Director, in writing, of the name of the stewards and the areas they are representing, at least three days before they assume duty. If no such notice has been given, the County has no duty to recognize the stewards. 11.4 The union steward may represent the union or union members in matters appropriate for grievance handling as set forth in this agreement. Stewards shall not spend time on union business during working hours. Notwithstanding the above, when appropriate and in order to facilitate the scheduling of meetings and resolution of grievances, the County Administrator, in his sole discretion, or his designee may grant time off with pay to a steward to attend grievance hearings or meetings. 11.5 Officers or agents of Teamsters Local Union # 769, except County employees on duty, shall be allowed reasonable access to work sites and locations of the County with the advance approval of appropriate County officials, provided that such access shall in no way interfere with the efficient operation of any department or crew. 14 534 11.6 The union agrees that, during the term of this agreement, its non-employee representatives and stewards shall deal only with the County Administrator, the County Attorney, or the Human Resources Director, or their designees, in matters subject to discussion in this agreement. This does not prohibit a steward from addressing the concerns of individual employees with a supervisor or department head. 11.7 No union member, agent or representative of the union, or any person acting on behalf of the union may solicit County employees during the working hours of any employee who is involved in the solicitation, nor distribute literature during working hours in areas where the actual work of County employees is performed. 15 535 ARTICLE 12 PAYROLL DEDUCTION OF UNION DUES 12.1 Upon receipt of a signed authorization in an acceptable form from an employee, the initiation fee and regular monthly dues of the union shall be deducted from such employee's pay. Such deduction shall be effective on the next regular dues deduction period following the date it is received in the Human Resources Department. The County will not deduct dues in arrears except to correct errors made by the County. 12.2 One-half of the monthly union dues shall be deducted in each of the first two pay periods of each month and shall be remitted by the County no later than the fifteenth of the following month to the officer and address designated by the secretary -treasurer of the union. The union will refund to the County any amount paid to the union in error on account of the dues deduction provision. The union shall give the County a minimum of thirty days written notice of the effective date and amount of any change in the amount of the dues to be deducted. 12.3 No deduction shall be made from the pay of any employee during any payroll period in which the employee's net earnings for the payroll period are less than the amount of dues to be paid. 12.4 An authorization for dues deduction may be canceled after thirty days from the date written employee notice of the cancellation is received by the Human Resources Department of the County. A copy of the cancellation notice shall be provided to the union by the employee and the employee shall certify to the County that the union has been notified as required by the authorization card. 12.5 The union shall indemnify the County and any department of the County and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the County or any department of the County for the purpose of complying with the provisions of this article. 12.6 An employee permanently transferred to a classification not in the bargaining unit or whose employment is terminated shall cease to be subject to union dues deduction beginning with the month after the month in which such change in employee status occurs. 16 536 ARTICLE 13 NO STRIKE - NO LOCKOUT 13.1 During the term of this agreement, neither the union nor its agents nor any employee, for any reason, will authorize, institute, aid, condone, or engage in a slowdown, work stoppage, strike, or any other interference with the work and statutory functions or other obligations of the County. During the term of this agreement neither the County nor its agents for any reason shall authorize, institute, aid, or promote any lockout of employees covered by this agreement as a result of a labor dispute with the union, unless there is a violation of the union's no strike commitment. 13.2 The union agrees to notify all local officers and representatives of their obligation and responsibility for maintaining compliance with this article, including their responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating Article 13 to return to work. 13.3 The County may discharge or discipline any employee who violates Section 13.1 and any employee who fails to carry out his responsibilities under Section 13.1, and the union will not resort to the grievance procedure on such employee's behalf except to determine if the prohibited action did in fact occur. 13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and damages in the event of a violation of this article. 17 537 ARTICLE 14 NO CONCURRENT EMPLOYMENT 14.1 During working hours, the employee is to concern himself strictly with the business of the County and the duties of his position. At no time during working hours shall the employee perform any services or make or receive any telephone calls on behalf of any other agencies or for any private business enterprise or employment that are not a part of the employee's job responsibilities with the County. Additionally, neither the County uniform nor County vehicles are to be worn or used while performing any services or doing any private business that is not a part of the employee's job responsibilities with the County. 14.2 Employees who have accepted outside employment are not eligible for paid sick leave when the leave is used to work on the outside job. Fraudulent use of sick or personal absences will be cause for disciplinary action. is 538 ARTICLE 15 ATTENDANCE AND PUNCTUALITY 15.1 It is the policy of the County to require employees to report for work punctually as scheduled and to work all scheduled hours and any required overtime. Excessive tardiness and excessive absences disrupt work flow and customer service and will not be tolerated. 15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to and including termination. The term "excessive" as used in this section shall be defined as three (3) or more occurrences in a ninety (90) day period. If the absence is pre -approved at least twenty-four hours in advance or if the employee returns to work with a doctor's note, the absence will not be considered an occurrence. Absences will be considered "unauthorized" if sufficient sick leave is not available for the duration of the absence. For regular part-time employees hired on or after 6/22/01, failure to report for a scheduled shift shall not be construed as an authorized leave of absence under Article 28.6 unless approved in advance by their supervisor. Exceptions will be made for absences that qualify for FMLA leave. 15.3 Employees should notify their supervisor as far in advance as possible whenever they are unable to report for work, know they will be late, or must leave early. Such notification should include a reason for the absence and an indication of when the employee can be expected to report for work. If the supervisor is unavailable, notification of absence shall be left on the division's designated answering machine or with the division clerk. 15.4 Employees who report for work without proper equipment or in improper attire may not be permitted to work. Employees who report for work in a condition deemed not fit for work, whether for illness or any other reason, will not be allowed to work. 15.5 Employees are expected to report to their supervisor after being late or absent, giving an explanation of the circumstances surrounding their tardiness or absence, and certify that they are fit to return to work. 19 539 ARTICLE 16 ISIM&3IA"1 10 16.1 The work week shall consist of a consecutive seven day period. The work day shall consist of a twenty-four hour period beginning at 12:00 midnight. Regularly scheduled working hours and days off of employees covered by this agreement shall not be indiscriminately changed by the County. Changes shall be made by reason of operational necessity and/or efficiency. Such changes require at least five working days notice to the affected employees except in the case of valid public necessity, such as equipment failure, unanticipated employee absences, and the like. Employees' regular work schedules shall contain at least two consecutive days off. The County will not change the employees' normal work schedule within a work week to avoid overtime in that work week. 16.2 Lunch of thirty (30) minutes and breaks of fifteen (15) minutes shall be scheduled by the department head/designee unless circumstances prohibit such break or lunch. Whenever consistent with the efficient operation such lunch period shall be approximately at the mid -point of the employees' work day. Whenever consistent with efficient operation breaks may be scheduled by the department head/designee within the approximate mid -point of both the first and last half of the employees' work day; however, nothing herein should be construed as preventing the County from providing staggered lunch and break times. 16.3 Part-time golf course employees shall receive a lunch of twenty (20) minutes at or near the mid -point of their assigned shift. 16.4 It is acknowledged by the parties that setting regularly scheduled working hours as described in Article 16, HOURS OF WORK, for employees in the Golf Course Clubhouse unit -#418-236, is difficult because of the irregular flow of golfers on a daily basis. It is agreed that employees' working hours may be changed daily to respond to the above, in accordance with the following procedure: A. All employees who are scheduled to work on a given day will report for work at the appropriate time, whether or not they feel there may be work to perform, unless an employee has contacted the supervisor before the shift starts and received authorization not to work that day. B. Employees who do report will be guaranteed work for half their scheduled hours that day (maybe performing duties other than normal). The selection of employees to leave work will be determined as follows: 1. Ask for volunteers 2. Selection from part time employees on a seniority basis first, then 3. Select from remaining employees on a seniority basis 20 540 16.5 Employees covered by this Agreement who work (actual work, not leave) sixteen (16) or more hours in any twenty-four (24) hour period will be required to take a minimum of eight (8) hours rest immediately before returning to work provided, however, this rest period shall not apply if the employee is notified of the opportunity to volunteer for the shift 24 hours or more before the beginning of the volunteered shift. Unless approved by management, employees will not be permitted to volunteer for overtime if they are unable to work all or part of their next scheduled shift due to the rest period described herein. Should the eight (8) hour rest period overlap any part of the employee's next regularly scheduled shift, the employee will be paid straight time for the number of hours which overlap, provided that the employee reports to work the remainder of the shift. The rest period shall count as hours worked for purposes of overtime. This provision may be suspended in declared emergencies. 16.6 The parties may enter into a Memorandum of Understanding modifying this Article. 16.7 It is agreed by the parties that Water and Wastewater Operators shall be allowed to bid on their scheduled shift and plant location(s). The bids shall be made available for operators to review 45 days in advance and the bidding shall take place in December of each year. The bids shall take effect on the first full pay period in January. All bids shall be selected upon seniority within their respective division. 16.8 When an employee reports to an assigned work location and is temporarily re- assigned to another location necessitating travel between locations, the County will provide transportation to the work location. If County transportation is not available, the employee may use a personal vehicle and will be compensated at the County's reimbursement rate. An employee may choose to drive their own personal vehicle in lieu of the County vehicle, as a matter of personal convenience. In this instance, the employee will not be provided with mileage reimbursement if a County vehicle was available. Home to work travel is not compensable. 21 541 ARTICLE 17 OVERTIME 17.1 It is the policy of the County not to work beyond the regularly scheduled work week unless conditions warrant. 17.2 Management may schedule overtime beyond the standard hours when it is in the best interest of the County and is the most practical and economical way of meeting workloads or deadlines. 17.3 Employees will be required to work overtime when requested by management unless excused by management. Employees may volunteer to work overtime and should communicate that interest to their supervisors. Employees who have volunteered shall be selected to perform overtime work before non -volunteers, unless management determines that work-related reasons exist for selecting non -volunteers. Overtime will only be scheduled for those employees fully qualified to perform the work required. In all work units, overtime will be equalized among employees who are similarly classified, except as addressed in Section 17.4 and 17.5 below. All other factors being the same, seniority may be used as a selection factor if employees are equal on the list. The County agrees to maintain an overtime distribution list in each work unit by classification and agrees to use such list in the distribution of overtime assignments. Employees will be charged for all overtime hours worked or refused. If overtime is offered and no one accepts the overtime, the employee that has actually worked the least amount of overtime on the list shall be required to work the overtime assignment. Employees will be charged for overtime if they cannot be contacted at their designated phone numbers. The equal distribution of overtime does not prevent the County from requiring employees that are already engaged in an unexpected overtime work assignment to continue to work. 17.4 For overtime computation, vacation leave, holidays, funeral leave, jury duty, and military leave shall be considered as time worked. Absences from work while on sick leave will not be counted as time worked for overtime computation. Compensatory time shall not be used as compensation for overtime. Bargaining unit employees who have used sick leave will be called in for mandatory overtime during the workweek in which they used sick leave only after bargaining unit employees who have not used sick leave during that workweek have been called in. 17.5 If the agreed upon overtime distribution procedures outlined above do not meet the operational needs of a work unit, the parties agree that the overtime distribution procedures may be modified with mutual written agreement by the parties. 22 542 ARTICLE 18 ON-CALL/STANDBY 18.1 On-call duty assignments must be authorized by the department or division head. This assignment is made when it is necessary that an employee be available for work due to an urgent situation during off-duty time. Such assignment will be given to the employees who normally perform the work during normal hours of work. For employees on a standby status one hour of pay at time and one-half will be paid for each regular work day and two hours of pay at time and one-half on each non -work day and holidays. On-call hours shall be in addition to time worked. 23 543 ARTICLE 19 MAaM_Mel1.4 19.1 Call back is work due to an emergency or other urgent situations during off-duty hours. This call-back pay shall be paid to employees either called during off duty hours or called back to a work site during off duty hours. This pay shall be as follows: one hour paid for employees called during off duty hours and two hours of pay or the actual time worked, whichever is greater, for an employee called back to a work site during off duty hours. This time shall be considered as time worked for computing overtime. The call or call back of any employee requires the prior approval of the department head or designee. 24 544 ARTICLE 20 TEMPORARY ASSIGNMENTS 20.1 The County shall not be prevented from temporarily assigning or appointing any employee to perform work which would normally be done by an employee in another classification, when at the discretion of the County such an assignment or appointment is necessary. 20.2 An employee temporarily assigned and/or transferred, at the department's discretion to perform work outside his normal classification shall suffer no loss of pay should said temporary assignment be to a lower classification. An employee who is transferred temporarily to a classification which is not in the bargaining unit shall be subject to check off deduction during the term of the temporary transfer. 20.3 An employee who is temporarily assigned by management to work in a higher classification, work as a crew leader, or work as a lead employee shall receive 12.5% temporary assignment pay for each hour of the assignment. Generally, the qualified, most senior employee will be assigned unless such assignment will result in a disruption to operational efficiency or a reallocation of staffing resources. Employees assigned in this capacity must demonstrate the ability to organize work, oversee assignments, work safely, and complete job tasks efficiently. 25 545 ARTICLE 21 PROBATIONARY PERIOD 21.1 The probationary or "working test" period is an integral part of the hiring and promotion process. It is utilized to closely observe the new employee's work, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose performance does not meet the required work standards. Probationary employees are generally ineligible for employee requested transfers or promotions. Probationary employees who are permitted to transfer or promote shall have their new probationary period run concurrent with their existing probationary period. 21.2 The probationary period shall be six months from the employee's first day of work with the County or in the position to which the employee has been promoted. If the employee has completed the probationary period, the employee shall be placed on regular status. Absent objection by the Union, the County may extend the probationary period for up to three months. Such a decision shall be made at least two weeks before the end of the initial probationary period, and notice shall be provided to both the employee and the union representative. This extension will not affect the employee's eligiblity to use accrued vacation leave. 21.3 New hires who are selected to fill the position of Utilities Service Worker, Water Plant Operator Trainee, or Wastewater Plant Operator, but who do not possess the required state license/certification, must obtain the required license/certification within the time frame specified by the County at the time of hire. A new hire's failure to obtain the license/certification within the specified time frame shall be just cause for the employee's discharge. 21.4 Employees who are hired/promoted to the position of Utilities Service Worker, Water Plant Operator Trainee, or Wastewater Plant Operator, but who do not possess the required state license/certification, must obtain the required license/certification within the time frame specified by the County at the time of hire/promotion. Absent objection by the Union, the County may extend the time to obtain the license/certification. If an employee fails to obtain the license/certification within the specified time frame, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 21.5 Regular status denotes final appointment in a specific County position and classification following successful completion of the probationary period. 26 546 21.6 Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to the grievance/arbitration procedures or payments of sick leave or vacation leave at time of termination. 21.7 If an employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 27 547 ARTICLE 22 PROMOTIONS/TRANSFERS 22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification standards of education, training, certifications, experience, and other requirements for the position to which the promotion and/or voluntary transfer is being sought. Standards and qualifications will be established to meet the basic requirements of the position. 22.2 Job openings will be announced on the County's website. Promotional job opportunities (within the bargaining unit) will be announced a minimum of five working days internally prior to being announced to the outside. Job opportunities will also be posted on employee bulletin boards a minimum of five working days. Employees, excluding temporary employees, may submit an application for transfer/promotion consideration using the County's electronic application system. 22.3 An employee's eligibility for promotion and/or voluntary transfer will be determined by the requirements of the new job. In addition, the employee must have both a satisfactory performance record and no disciplinary actions (formal warning or greater) during the preceding twelve-month period. Employees along with external applicants will be considered. All current employees who have applied for the vacant position and who meet the minimum requirements for the position will be extended an interview. Selection will be made on the basis of qualifications and related work experience. Skills tests may be utilized to assist in determining qualifications and experience. Veteran's preference will be followed. All things being equal, current employees shall have preference. Seniority will be considered the deciding factor if two or more candidates are judged to be equally qualified. 22.4 Promoted employees shall receive a 5% raise or the minimum of the new grade, whichever is greater. Employees who voluntarily demote shall receive a 10% reduction in their hourly rate of pay or be placed in the maximum of the pay grade the employee is demoted into, whichever is a greater reduction. In no case, will the employee's demoted pay rate exceed the maximum of the pay grade. 22.5 Promoted employees will be placed on "promotion probation" status for a period of six months. At the end of this period the employee may be eligible for a promotion probationary pay increase. Certified Water or Wastewater Operators who receive a pay increase for attainment of a higher level certification will not be placed on a promotion probation and will not be eligible for a promotion probationary pay increase. They will retain their anniversary date and remain eligible for anniversary pay increases or lump sum payments provided under this Agreement. 28 RM 22.6 The County agrees to post management vacancies and will give bargaining unit employees consideration in filling those vacancies. 22.7 Nothing herein shall prohibit the County from transferring employees into vacant positions without complying with the foregoing provisions in the case of medical accommodations, disciplinary reasons, and voluntary demotions. 22.8 Water or Wastewater Operator Trainees who attain a C license will advance to the corresponding pay grade for a C operator position and receive a 5% increase or the minimum of the grade, whichever is greater effective with the first full pay period following attainment of the license. This will be considered a promotion and the employee will be placed on "promotion probation" status for a period of six months and have an adjusted anniversary date. Certified Water or Wastewater C Operators who attain a B license will advance to the corresponding pay grade for a B Operator position and receive a 5% pay increase or the minimum of the pay grade, whichever is greater effective with the first full pay period following attainment of the license (not to exceed the maximum of the pay grade). This advancement will not result in an adjusted probationary period or anniversary date. Certified Water or Wastewater B Operators who attain an A license will advance to the corresponding pay grade for a A Operator position and receive a 5% pay increase or the minimum of the pay grade, whichever is greater effective with the first full pay period following attainment of the license (not to exceed the maximum of the pay grade). This pay increase will not result an adjusted probationary period or anniversary date. 29 549 ARTICLE 23 DISCIPLINE 23.1 No employee covered by this agreement shall be disciplined or discharged without just cause. All discipline or discharge notices shall be in writing with a copy provided to the employee. Such notices shall contain as complete and precise an explanation as possible for the action being taken. 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the County has the right to review the employee's work history and prior record of disciplinary action when determining the appropriate action to be taken. The County may provide employees with notice of deficiencies and an opportunity to improve. 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County Commissioners, any of the following: A. Written Reprimand B. Formal Warning or Suspension C. Demotion D. Discharge 23.4 All discipline may be processed as a grievance. 23.5 If there has been no additional written discipline, disciplinary actions shall not be considered for purposes of progressive discipline, as follows: Class 1 offenses after one year. Class 2 offenses after two years. Class 3 offenses after five years. 23.6 To be considered valid, all discipline and discharge notices shall be administered within ten (10) business days of the County's discovery of the event giving rise to the disciplinary action; or within ten (10) business days of the County's discovery of the disciplinary event, the County notifies the Union of its intent to investigate the event giving rise to the discipline. If disciplinary action has not been taken within thirty (30) calendar days of the County's notification to the Union of its intent to investigate, the County shall reply promptly in writing upon the Union's written inquiry whether the matter is closed or still under investigation. 30 550 ARTICLE 24 GRIEVANCE AND ARBITRATION GRIEVANCE PROCEDURE 24.1 Except when doing so would present an unreasonable risk to the employees' safety, bargaining unit employees will follow all lawful written and verbal orders given by superiors even if such orders are alleged to be in conflict with the agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. 24.2 A "grievance" is a claimed violation of this agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union (hereinafter the "grievant") on the union's grievance form. In either case, the procedure to be followed will be the same. The grievant and management may mutually agree to waive any step. Any employee covered by this agreement must use this grievance process and has no right to any other grievance process (i.e., administrative policy, etc.). 24.3 Any grievance, defined as a claim reasonably and suitably founded on a violation of the terms and conditions of this agreement, shall systematically follow the grievance procedure as outlined herein. Any grievance filed shall refer to the provision or provisions of the agreement alleged to have been violated, and shall adequately set forth the facts pertaining to the alleged violation. 24.4 Rules of Grievance Processing - It is agreed that: (A) The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. (B) A grievance presented at Step 2 and above shall be dated and signed by the aggrieved employee presenting it. A decision rendered shall be written to the aggrieved employee with copy to the union and shall be dated and signed by the County's representative at that step. (C) When a written grievance is presented, the County's representative shall reflect the date received by the County's representative and provide a copy of it to Human Resources at that particular step. Human Resources will assign a grievance number. (D) A grievance not advanced to the higher step within the time limit provided shall be deemed permanently withdrawn and as having been settled on 31 551 the basis of the decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the employee to proceed to the next step. (E) When a grievance is reduced to writing there shall be set forth: 1. A complete statement of the grievance and the facts upon which it is based; 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. (F) In the settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. STEPS FOR GRIEVANCE PROCESSING In the event a grievance arises, the employee must discuss the grievance with his immediate supervisor within ten (10) business days after he had knowledge of his grievance. At the time of submitting the grievance, and to ensure that grievances are settled at the first opportunity, the aggrieved employee should request an informal meeting with his supervisor prior to a Step 1 hearing to discuss the circumstances giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance may be presented by the grievant at Step 1 of the grievance procedure within ten (10) working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Any grievance filed over being discharged shall be directly submitted to Step 3. Step 1: The aggrieved employee shall present his grievance to his division head. The aggrieved employee may request a representative of the union to be present. The division head will meet with the aggrieved employee and his representative within ten (10) business days after submission of the written grievance, unless mutually agreed otherwise. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The division head shall reach a decision and communicate it in writing to the aggrieved employee with a copy to the union within ten (10) business days from the date the grievance was presented to him. If the Division Head fails to issue a timely response, then the grievance may be filed to Step 2. Step 2: If the grievance is not settled in the first step, the aggrieved employee, within ten (10) business days of the time that the Step 1 decision was rendered, shall forward the written grievance to the department head. The department head shall meet within ten (10) working days, unless mutually agreed otherwise with the aggrieved employee who may be accompanied by a union steward and the union chief steward. The County will attempt to coordinate the meeting with both the grievant and the Union. The department head shall reach a decision and communicate it in writing to the aggrieved employee with a copy to the Union within ten (10) business days of the Step 2 meeting, 32 552 unless such time is mutually extended in writing. If the department head fails to issue a timely response, then the grievance may be filed to Step 3. Step 3: If the grievance is not settled in , the aggrieved employee, within ten (10) business days of the time that the Step 2 decision was rendered, shall forward the written grievance to the County Administrator or his designee. The County Administrator or his designee shall meet with the aggrieved employee, within ten (10) working days, unless mutually agreed otherwise, who may be accompanied by the union steward, the chief steward, and business representative to obtain the facts in the case. The County will attempt to coordinate the meeting with both the grievant and the Union. The County Administrator or his designee shall forward his decision to grievant with a copy to the union within ten (10) business days of the Step 3 meeting, unless this period of time is extended by mutual agreement of both parties. Step 4: In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Nothing herein will prevent the parties from mutually agreeing to seek resolution through mediation. The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of all the bargaining unit members. Submission to arbitration must be made within ten (10) days of the time that the Step 3 hearing decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. In addition, a request for arbitration must be sent to the Federal Mediation and Conciliation Service (FMCS) no later than fifteen (15) days following the request to arbitrate. Upon the County's request to strike the panel to select an arbitrator, the Union shall have thirty (30) days to do so or such grievance shall not be subject to arbitration. If the parties fail to agree in the first instance of an appointment, the Federal Mediation and Conciliation Service shall be requested to provide a panel of arbitrators from which a selection shall be made. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. The arbitrator's decision shall be final and binding on the parties, but no arbitrator shall have the power to alter, modify, amend, add to, or detract from the terms and conditions of the agreement. 24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post -hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. 24.6 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; 33 553 nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question which is presented, which question must be actual and existing. The arbitrator's decision shall be final and binding; provided, however, that either party shall be entitled to seek review of the arbitrator's decision as provided by law. 24.8 Nothing in this agreement shall prohibit the presence of a Union representative at any steps of the grievance procedure. 34 554 ARTICLE 25 SEPARATIONS 25.1 The effective date of separation shall be the last day on which the employee is present for duty unless otherwise specified herein. 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County employment. An employee wishing to leave the County in good standing shall file with the County a written resignation, stating the date and reasons for leaving. Such notice must be given at least two weeks prior to the date of separation. Failure to comply with this courtesy may be cause for denying such employee re-employment with the County. Employees who are absent from work for three consecutive work days without providing proper notice and being excused (unless the employee is physically unable to provide notice) will be considered as having "abandoned their position" and thereby voluntarily quit. Requests for vacation leave shall not be unreasonably denied in accordance with Article 31.6. At that time, the County will formally note the termination and advise the employee and the Union of the action by first class U.S. mail to the employee's address on record in the Human Resources Department. 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee separates from County employment for reasons of length of service or disability. Retirement regulations and benefits shall conform with the provisions of the Florida Retirement System. 25.4 Termination shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as determined by law or by executed forms in the employee's personnel file. 25.5 If a layoff does occur the County will determine which classifications within the affected division will be eliminated. For purposes of this section, "classification" shall be defined as the established positions in the bargaining unit's pay plan. Additionally, full-time and part-time positions shall be considered separate classifications. For purposes of this section, "division" shall be defined as follows: Aquatic Centers, Customer Service, Engineering, Facilities Management, Fire Rescue, Golf Course, Ocean Rescue, Parks, Road and Bridge, Sanitary Landfill, Traffic Engineering, Vehicle Maintenance, Wastewater Collection, Wastewater Treatment, Water Distribution, Water Production. The employees in the affected classification within the affected division shall be laid off based on the inverse order of their county -wide seniority (most recent hire date). In lieu of layoff, an affected employee may displace any less senior employee in the bargaining unit in any lower classification providing he/she previously held the position and remains qualified. Employees accepting positions in a lower classification will receive a 5% reduction per pay grade; however, the newly established pay shall not exceed the maximum of the new pay grade. Nothing herein shall limit the County's ability to use contracted 35 555 temporary workers. All temporary employees within affected divisions will be terminated first. Employees in a recall status may apply for open positions for which they are qualified pursuant to Article 22. 25.6 If an employee is laid off, the employee will be compensated for his sick and vacation as if he were voluntarily quitting. Employees eligible for sick leave payment per Article 29.7 shall have the option of leaving the sick leave on account for up to one year. A laid -off employee shall be eligible for conversion of employee health care benefits at the employee's expense. Laid -off employees remain eligible for recall into positions previously held with the County for a period of three years from the layoff date, provided that any employee so recalled shall be subject to passing a typical pre-employment screening at the discretion of the County. The County's duty to notify a laid off employee for recall shall be limited to the position from which the employee was laid off. The employee shall be deemed notified under this Article by placement of written notification by first class U.S. Mail to the employee's last known address. The employee shall have ten (10) calendar days from the postmark date to notify the Human Resources Department of their intention to return to work. Additionally, the employee shall have fourteen (14) calendar days from the date of acceptance to report for duty. If the employee fails to notify the County of their intention or fails to report for duty in the allotted timeframe, the employee will forfeit their recall right and will be terminated. No continuous service benefits of any kind shall accrue during the layoff period. 25.7 A discharge is the involuntary separation of an employee from County employment. Employees discharged for disciplinary reasons shall not generally be eligible for re-employment and shall lose all seniority and reinstatement privileges. A discharged employee will be allowed to discuss the discharge with the union steward before the employee is required to leave the property of the County unless his presence creates an unsafe situation. The County will notify the union steward upon the discharge of an employee in the bargaining unit but failure to give such notice shall not affect the validity of the discharge. Discipline or discharge of newly hired probationary employees shall not be subject to the grievance or arbitration procedures. 25.8 The final pay for terminated employees will be prepared for distribution on the next normally scheduled pay date following the termination date. It can be mailed if the employee requests so in writing. Otherwise, final pay should be picked up in the Human Resources office by the employee or someone who has written authorization to do so. Final pay will be ready on the next normally scheduled pay date following the retirement date for those retiring employees who are vested in the retirement plan. 25.9 At the time of separation and prior to receiving final monies due, all records, books, assets, uniforms, keys, tools, and other items of County property in the employee's custody shall be returned to the department. 36 556 25.10 Any outstanding debts incurred by an employee which are due the County shall be deducted from the employee's final paycheck and/or termination leave pay. 37 557 ARTICLE 26 INSURANCE 26.1 The County shall provide health insurance for all bargaining unit employees and their dependents in the same manner as the County's general non -bargaining unit employees, including the retiree health insurance subsidy, hospitalization, and medical insurance. 26.2 Regular full-time bargaining unit employees will continue to be eligible to participate in the County's life insurance program and may enroll in the optional long-term disability, optional employee and family life insurance, and the optional deferred compensation plan with additional providers. 26.3 Any claim settlement between the employee and the insurance carrier shall not be subject to the grievance procedures. 38 558 ARTICLE 27 DRUG TESTING 27.1 Teamsters Local Union No. 769 and Indian River County agree to the following for employees who are in the labor and trades bargaining unit: The parties understand that illegal drug use and/or misuse of alcohol and/or controlled substances adversely affects employees' job performance and jeopardizes their safety, the safety of other employees and the public, and the reliability of the County's operations. Therefore, the County and the Union agree to implement the Drug -Free Workplace Program Policy adopted by the County with the following exceptions. These exceptions will supersede the language in the County's policy: 27.2 Reasonable Suspicion Drug Testing Employees shall notify their supervisors when under medically prescribed treatment with a controlled substance if they know or have reason to believe the controlled substance may limit their ability to perform their jobs. Any employee may be required by the County to submit to a blood, urinalysis, and/or intoxilyzer test when there exists a reasonable suspicion that the employee is under the influence of alcohol or non -prescribed controlled substances on the job. If such reason is based upon the observation of supervisors or managerial employees, then, where job conditions permit, two supervisors or managers should observe the employee. An employee will not be required to take any test unless a member of management approves testing. When an employee is to be tested under this reasonable suspicion provision, he may request the presence of his Union steward. If the steward has been requested, and is on duty, he will be permitted to consult with the employee who is to be tested prior to the time he goes to the specimen collection facility. At management's discretion, the employee may be temporarily reassigned to a non -safety sensitive position, if available, or be removed from duty while awaiting the reasonable suspicion drug tests results. Employees may elect to use accrued sick or vacation leave while awaiting the reasonable suspicion drug test results or be in a no pay status if no paid leave is available. In the event of a negative test result, the employee's accrued leave used while awaiting the results, will be restored. 27.3 Follow-up and Random Testing Follow-up and random testing for employees in non -safety -sensitive positions shall be permitted during the first twenty-four (24) months following an employee's release after successfully completing a rehabilitation program, and the frequency of such testing shall be determined by the County. Follow-up and 39 559 random testing for employees in safety -sensitive positions shall be in accordance with 49 CFR Part 382. 40 -560 ARTICLE 28 LEAVES OF ABSENCE 28.1 Jury Duty Employees subpoenaed for jury duty shall receive regular pay for the hours missed from work. Such time shall be considered as time worked for the purpose of calculating overtime. Employees are expected to submit a copy of their subpoena which shall become a part of the payroll records. Employees are expected to stay in touch with their supervisors relative to their court duty and County work schedules to minimize interference with their jobs. Employees who work shift work shall be excused from work and receive jury duty pay for the hours missed on any day reporting for jury duty if they were not provided a 10 hour rest period prior to the start of jury duty, or provided a 10 hour rest period between being released from jury duty and the start of the shift provided the employee submits documentation reflecting the jury time. 28.2 Witness Duty Employees attending court during their normal working hours as a witness on behalf of a public jurisdiction or as a result of their public employment shall receive regular pay. Employees subpoenaed as witnesses (other than as above) during a criminal or civil trial will not be paid but may charge vacation. Employees who are plaintiffs or defendants in personal litigation not related to their public employment are not eligible for regular pay. Vacation time may be used. 28.3 Military Leave An employee may request military leave to serve on active duty in an emergency or required annual duty, and shall be compensated in accordance with state law, and it shall be considered time worked. 28.4 Family Medical Leave Act The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 weeks. Eligibility for FMLA leave shall be determined on a rolling twelve (12) month period commencing from the first day FMLA was used for birth, adoption, the care of a family member's serious health condition, or the employee's own serious health condition. It also provides for the continuation of health insurance benefits while on leave and the return of the employee to the same or an equivalent position at the end of the leave. 28.5 Bereavement Leave A. This benefit is available for full-time regular employees. 41 561 B. Three working days shall be given off with pay upon the death of a member of the immediate family (defined for this benefit as parents and step-parents, spouse, children and step -children, grandmother, grandfather, grandchild, brother, sister, mother-in-law, father-in-law, son- in-law, daughter-in-law, sister-in-law, brother-in-law, or legal guardian of the employee). C. Bereavement Leave will be authorized in minimum one-half day increments and will be paid at the employee's current pay rate. D. If additional time off work is needed, or time off is needed for an individual not covered by Article 28.5(B), vacation or sick leave may be utilized, or time off without pay can be arranged if justified. Sick leave used under this provision shall not be counted as an occurrence of sick. 28.6 Other Leaves of Absence Employees are eligible for leave of absence for causes generally beyond the control of the employee. The duration of each leave of absence and the compensation received by the employee, if any, during the leave of absence shall be determined by the County. Except as otherwise provided the decision to grant a leave without pay (leave of absence) is a matter of administrative discretion, and may only be approved by the County Administrator or his designee. Leaves without pay must be requested by the employee at least two (2) weeks prior to the leave, unless circumstances satisfactory to the County Administrator/designee render advance request impossible. All leave requests must be in writing. Extensions may be granted if requested at least seven (7) days prior to the expiration of the leave, and approved by the County Administrator or his designee. For leaves of absence taken at the option of the employee, the County's health care plan will be extended until the end of the month in which the leave of absence began. After that point, the employee can keep the plan only by paying the full premium amount (employee and employer share) prior to the first of each month. If the leave of absence is due to factors beyond the control of the employee, as in the event of a medical problem, the County will determine the period of time the health care plan will be provided at County expense based upon the merits of the individual situation and the law, but the employee would still be responsible for paying the employee's typical share of the cost. 28.7 Leave Without Pay for Part-time Employees At the discretion of the department director or his designee, unpaid leave may be authorized for part-time employees who do not accrue sick and vacation leave (hired on or after 06/22/01), up to a maximum of 60 hours per calendar year. 28.8 Arrests and Incarceration 42 562 A. Employees who are unable to report for work because of arrest and incarceration may be placed on a special personal leave of absence without pay provided that it is requested during the first three working days of the incarceration. If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges depending upon the County's operational needs. If the employee is freed on bail, a decision will be made by the employee's department head and the Human Resources Director as to whether to allow the resumption of active employment pending disposition of the charges. They shall determine whether reinstatement would be consistent with the County's needs and requirements. If the decision is to not allow resumption of active employment pending disposition of the charges, a "pre -suspension" hearing will be set, at which the employee will be advised of the reasons for the suspension and would have the opportunity to refute the underlying premises for the suspension and argue for immediate reinstatement. Once an employee has exhausted all available vacation leave, his vacant position may be posted and filled in accordance with the provisions of this agreement. If the employee is reinstated after his position is filled, he shall have the right to fill a vacant position for which he is fully qualified. If no position is available, he shall be placed in a layoff status with recall rights as outlined in Article 25, Separations. B. Employees shall immediately notify the department within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The department director shall determine if it is in the best interests of the County to: 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. C. In the event that the employee is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee may be terminated from employment. D. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed, the Division Director shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. 43 563 Notwithstanding anything to the contrary in this section, no employee shall be disciplined or discharged without just cause. 28.9 General Provisions The following provisions apply to leave without pay status: A. An employee granted a leave of absence must keep the department informed of his current activity (school, medical, military, etc.) each time a request for extension of the leave is made. In addition, the employee must keep the department advised of his current address at all times. Failure to comply with these provisions shall result in the employee being dropped from leave of absence status, in which case he must return to duty or be discharged. B. An employee granted a leave of absence shall contact the department head at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. C. Failure to return to work at the expiration of the leave shall be considered a resignation. D. No sick leave or vacation shall be accrued by an employee while he is on leave without pay if the employee is absent for more than one-half of his normally scheduled work hours during the month. E. An effort will be made to return the employee to the position and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a position for which he qualifies, subject to the approval of the department head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a layoff status with recall rights pursuant to Article 25, Separations. F. Time spent on leave of absence shall not constitute a break in service. However, the time shall not be credited toward retirement, vacation, sick leave, or toward satisfying the probationary period. 28.10 Employees who are on worker's compensation leave may supplement their worker's compensation payments with any accrued sick or vacation leave, up to 100% of their regular take-home pay. 28.11 No sick leave or vacation shall be accrued by an employee while he is on workers' compensation leave if the employee is absent for more than one-half of his normally scheduled work hours during the month. 44 564 ARTICLE 29 PAID SICK LEAVE 29.1 It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help employees maintain their income during these absences, the County will provide compensation according to the guidelines in this Article. 29.2 Sick leave will accrue for all regular full-time and regular part-time employees (hired before 6/22/01) beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro -rata basis. "One day" is computed by dividing the employee's scheduled biweekly hours by 10. 29.3 Sick leave may be used as it is accrued. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence if there is a suspicion of abuse of sick leave. In every case, a person using more than five consecutive work days of sick leave will present a certification of need for the absence and clearance to return to work from a licensed medical provider (M.D. or D.O.). Failure to present such certification may prevent the employee from being allowed to return to work or may result in progressive disciplinary action. Employees who are absent without available accrued sick leave may be subject to disciplinary action in accordance with Article 15 — Attendance and Punctuality "unauthorized" absences. Exceptions will be made for absences that qualify for FMLA leave. 29.4 Sick leave may be charged in minimum increments of one-half hour. 29.5 Sick leave may be applied for the following purposes: A. Personal injury or illness not connected with the job. For work connected absence see Article 28. B. Medical, dental, optical, or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). D. Illness of a family member, defined as father, mother, son, daughter, brother, sister, husband, wife, father/mother-in-law, son/daughter-in-law, brother/sister-in-law, step-father/mother, step-son/daughter, step- brother/sister, grandparent, and guardian. Employees may not use more 45 565 than five days of sick leave in a calendar year for the illness of a family member, unless the illness qualifies for FMLA leave. 29.6 Maximum Accruals: A. For regular full-time employees hired on or after October 1, 2011, sick leave may carry over year to year, not to exceed a maximum of thirty (30) days. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: .50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction in Article 31.5. B. Regular full-time employees hired prior to October 1, 2011 whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick leave incentive payment will be provided for full-time employees as an incentive to avoid sick leave abuse. A. At the close of each anniversary year (based upon the hire date), regular full-time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. 29.7 Regular full-time employees hired on or after October 1, 2011 with ten or more years service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred and twenty hours, upon retirement or death. Regular full-time employees hired prior to October 1, 2011 with ten or more years service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Employees leaving County employment having less than ten years service shall not be paid for unused sick leave. 29.8 Bargaining unit employees may participate in the County's sick leave donation policy under the established terms and conditions of the sick leave donation policy. 46 566 ARTICLE 30 HOLIDAYS 30.1 It is the policy of the County to observe holidays each year on a schedule determined by the Board of County Commissioners. The holidays which shall be observed under this policy are: A. New Year's Day B. Martin Luther King Day C. Good Friday D. Memorial Day E. Independence Day F. Labor Day G. Veteran's Day H. Thanksgiving Day I. Day after Thanksgiving J. Day before Christmas K. Christmas Day L. Personal Day (to be scheduled and approved in accordance with department's vacation policy) M. Any other holidays authorized by the Board of County Commissioners 30.2 Regular employees will receive holiday pay whether or not they are scheduled to work on the holiday. Regular employees not normally scheduled to work on the day of the week the holiday is being observed will receive an average day's wage as holiday pay. An average day's wage is defined as an employee's scheduled bi-weekly pay divided by ten days. Employees normally scheduled to work on the day of the week the holiday is being observed shall receive holiday pay for the number of hours they are normally scheduled to work, even if that is more or less than an average day's wage. For timekeeping purposes, the holiday pay will be reflected on the day of the observed holiday. 30.3 Temporary employees, part-time employees hired on or after 6/22/01, employees on unpaid leave of absence, and employees on layoff are not eligible for holiday pay. 30.4 To receive holiday pay, an employee must be in an "active pay status" on the scheduled work days immediately preceding and immediately following the day on which the holiday is observed. 30.5 For pay purposes, holidays will be the County recognized day of the holiday. 47 567 30.6 Holidays which occur during an employee's annual leave or medical leave will be paid as holiday pay and shall not be charged against such annual leave or medical leave. 30.7 The County reserves the right to schedule work on an observed or an actual holiday in order to maintain essential services to the public. This work schedule will be approved by the department head in advance. 30.8 Any work performed on an observed or actual holiday by a nonexempt employee will be paid at time and one-half rate and these hours will not be included when counting toward a 40 -hour work week for overtime purposes. If an employee is scheduled to work both the observed holiday and the actual holiday, the employee will only receive holiday overtime for the observed holiday. In no case, will the employee be paid holiday overtime for hours worked on both the observed and actual holiday. 30.9 Holiday pay will be counted as time worked for overtime calculations. 30.10 The Personal Day holiday hours will be based on the average day which is the employee's regular biweekly scheduled work hours divided by 10. The Personal Day may be used on an hour for hour basis. Personal Day holiday hours will be credited in October of each fiscal year and unused hours will not carryover at the end of the fiscal year. 48 568 ARTICLE 31 VACATION LEAVE 31.1 It is the policy of the County to grant annual vacations with pay to regular full- time and regular part-time employees in accordance with the guidelines established below. Full-time employees will accrue paid vacation leave based on the number of hours in their work week according to the following schedule: 31.2 Part-time employees hired before 6/22/01 are entitled to vacation accrual on a pro -rata basis. Temporary employees shall accrue no vacation leave. 31.3 New employees may request to use accrued vacation by submitting a vacation leave request in advance. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at the beginning of each month for the prior month, and is reflected in the timekeeping system. 31.4 Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 31.5 Employees hired prior to October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 65 days. Employee vacation accrual banks will be reduced back to the 65 day maximum the first full pay period after December 31St. Employees hired on or after October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Employee vacation accrual banks will be reduced back to the 30 day maximum the first full pay period after December 31St 49 569 ACCRUAL RATES Service Days Per Yr. 37.5 Hr/week Hrs/Yr Hrs/Mo Hrs/Yr 40.0 Hr/week Hrs/Mo 1 yrto4yrs. 12 mos. 10 75.0 6.25 80.0 6.67 5 yrs to 5 yrs. 12 mos. 11 82.5 6.88 88.0 7.34 6 yrs to 6 yrs. 12 mos. 12 90.5 7.50 96.0 8.00 7 yrs to 7 yrs. 12 mos. 13 97.5 8.13 104.0 8.67 8 yrs to 8 yrs. 12 mos. 14 105.0 8.75 112.0 9.34 9 yrs to 9 yrs. 12 mos. 15 112.5 9.38 120.0 10.00 10 yrs to 10 yrs. 12 mos. 16 120.0 10.00 128.0 10.67 11 yrs to 11 yrs. 12 mos. 17 127.5 10.63 136.0 11.34 12 yrs to 12 yrs. 12 mos. 18 135.0 11.25 144.0 12.00 13 yrs to 13 yrs. 12 mos. 19 142.5 11.88 152.0 12.67 14 yrs (max accrual rate 20 150.0 12.50 160.0 13.34 31.2 Part-time employees hired before 6/22/01 are entitled to vacation accrual on a pro -rata basis. Temporary employees shall accrue no vacation leave. 31.3 New employees may request to use accrued vacation by submitting a vacation leave request in advance. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at the beginning of each month for the prior month, and is reflected in the timekeeping system. 31.4 Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 31.5 Employees hired prior to October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 65 days. Employee vacation accrual banks will be reduced back to the 65 day maximum the first full pay period after December 31St. Employees hired on or after October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Employee vacation accrual banks will be reduced back to the 30 day maximum the first full pay period after December 31St 49 569 31.6 Vacation leave may be taken after approval by the division head or designee. It may be charged in increments as small as one hour. All vacations shall be approved or denied within a reasonable period of time. No vacation shall be unreasonably denied. 31.7 Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the employer -paid life insurance benefit. 31.8 When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 31.9 Vacation leave will always be paid at the employee's pay level at the time the vacation is used. 31.10 The County reserves the right to cancel authorized vacation or to call back employees from vacation under emergency circumstances. If such vacation is cancelled or the employee is called back from vacation, the County shall reimburse pre -paid, non-recoverable expenses. The County may request necessary documentation to verify reimbursements. 50 570 ARTICLE 32 UNIFORMS, TOOLS AND EQUIPMENT 32.1 For employees required to wear a uniform (excluding Lifeguards and Golf Course employees), the County will furnish two sets of shirts and pants for each day the employee is regularly scheduled to work in a workweek, plus one additional uniform, i.e., five-day employees will have 11 sets and four-day employees will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed 15 sets. Each employee shall receive one windbreaker jacket displaying the County logo. Bargaining unit employees shall be given their choice of long or short pants, except for those positions for which the County makes the determination that long pants are required. The determination to require long pants will not be arbitrarily made. Such uniforms are not to be worn except while employees are on the job and while traveling to and from the job. Lifeguard and golf course uniforms will be issued in accordance with current practice. 32.2 Tools and equipment which are normally supplied by the County will be used properly and carefully by employees who require them in their work. It is the responsibility of the employee to use and secure such tools and equipment in such a manner as to minimize the potential for loss or theft. 32.3 Tools and equipment provided by the County will be replaced by the County if they are stolen or broken during normal use and provided proper care and prescribed security measures have been followed and loss or breakage is not due to the employee's negligence or abuse. 32.4 Employees who are required by the County to provide their own tools will be provided a list of the minimum required tools at the time of employment. Following ratification of this Agreement by the parties in October of each year of this Agreement, the supervisor will confirm the employee has the required tools and submit a request for an annual tool allowance of $150 to be paid eligible employees. The supervisor will submit the names of eligible employees to the Department Director for approval. Once approved by the Department Director, the list will be forwarded to Human Resources for payment to eligible employees in the next regular payroll cycle. st 571 ARTICLE 33 WAGES 33.1 For fiscal years FY 2223 and 2324employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $1300 for FY2022/2023 and 2023/2024, (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year 2022/2023, bargaining unit employees will receive a 6% general wage increase effective the first full pay period in October 2022 or upon ratification of the agreement by the parties whichever is later, or the same general wage increase as employees under the County Administrator's purview for fiscal year 2022/2023 if greater than 6%. For fiscal year 2023/2024 the parties mutually agree to reopen this section and collectively bargain future general wage increases. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Effective with the first full pay period in October 2022, full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 9:00 p.m.. will be eligible for a 2nd shift differential at a rate of 5% of the regular hourly rate for the shift worked. Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 9:00 p.m. or before 4:00 a.m. will be eligible for a 3rd shift differential at a rate of 10% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded from shift differential. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to 52 572 Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2023/24. 33.6 The parties agree to upgrade the below classifications effective October 7, 2022 and create new position classifications as indicated below. Utility Service Worker Progression effective October 7, 2022 Entry Level Utility Service Worker I current L10 — no change in pay grade. Upon completion of six (6) months probationary period, the employee will receive a 5% probation increase. Progression to Utility Service Worker II within 18 months of hire/internal promotion is a condition of employment. Utility Service Worker II (new position) — L11 Progression from a Utility Service Worker I to a Utility Service Worker II will be effective with the first full pay period following meeting the eligibility requirements. The employee will receive 5% promotion increase and be eligible to receive a 5% promotion probation increase upon successful completion of promotion probation. To be eligible for the Utility Service Worker II progression, the Utility Service Worker I must have successfully completed their initial six (6) month probationary period and attained the following within 18 months of hire/internal promotion date: • Class A CDL with the following restrictions: 1) No airbrake 2) No tractor trailer 3) Automatic • Water Distribution System Operator Class 3 license for Water Distribution or Class C Wastewater Collection certificate for Wastewater Collections Current Utility Service Worker I's meeting this progression criteria for a Utility Service Worker II on October 7, 2022 will be promoted and will receive both a 5% promotion pay increase and a 5% promotion probation increase effective October 7, 2022 after the FY2022/23 general wage increase is provided (not to exceed the maximum of the pay grade for L11). The current Utility Crew Leaders on October 7, 2022 will not serve a new probationary period. Utility Service Worker III (new position) — L12 Progression from a Utility Service Worker II to Utility Service Worker III will be effective with the first full pay period following meeting the eligibility requirements. The eligible employee will receive a 5% pay increase or the 53 573 minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade. There is no probationary period or probationary increase associated with movement to Utility Service Worker III. To be eligible, the employee must be a Utility Service Worker II and have attained the following: • Class A CDL with air brakes and tanker endorsement Water Distribution System Operator Class 2 license for Water Distribution or Class B Wastewater Collection certificate for Wastewater Collections Line Location Technician — from L11 to L12 Current Line Location Technician's will receive a 5% pay increase or the minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade effective October 7, 2022. Utility Crew Leader - from L12 to L13 Current Utility Crew Leaders will receive a 5% pay increase or the minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade effective October 7, 2022. To be eligible, the employee must have attained the following: • Class A CDL with airbrake & tanker endorsement Water Distribution Class 2 license or Class B Wastewater Collections certificate FDOT Temporary Traffic Control (TTC) Intermediate Course Completion Current Utility Crew Leaders meeting this criteria on October 7, 2022 or who are under written agreement to attain the licenses and certifications as a condition of employment will receive a 5% wage increase or the minimum of the new pay grade whichever is greater effective October 7, 2022 after the FY2022/23 general wage increase is provided. The employees will not serve a probationary period. Any current Utility Crew Leader who does not meet these requirement and is not under written agreement to attain the licenses and certifications as a condition of employment, would remain in pay grade L12 as a Utility Service Worker III. 54 574 33.7 The parties agree that beginning October 7, 2022, Beach Lifeguards and full time Pool Lifeguards who possess EMT certification and provide proof of certification to the County, will receive a $40 biweekly incentive. The incentive will take effective the pay period following receipt of the certification by the Human Resources Department. This certification must be maintained by the employee in order to continue to receive the incentive pay. 33.8 The parties agree that beginning with the first full pay period in October 2022, employees in the Public Works Department who possess a Commercial Driver License (CDL) that is used in performance of County work will be eligible for the following biweekly incentive: • Possession of a Class B CDL with a Tanker and/or Hazmat endorsement receive an incentive of $20 biweekly. • Possession of a Class A CDL with a restriction of No Tractor/Trailer and no other endorsement receive an incentive of $20 biweekly. • Possession of a Class A CDL with a restriction of No Tractor/Trailer and with the endorsement of Tanker and/or Hazmat receive an incentive of $30 biweekly. • Possession of a Class A CDL without restrictions and with the endorsement of Tanker and/or Hazmat receive and incentive of $40 biweekly. The CDL must be maintained by the employee in order to continue to receive the incentive pay. Loss of the license or the endorsements must be reported to the County immediately and will result in the loss of the biweekly incentive and may result in reassignment, transfer, demotion, or be grounds for dismissal if no position is available. If an employee receiving the incentive moves or is promoted to a different position, the incentive pay will cease unless the new position is within Public Works and requires a CDL license. 55 575 ARTICLE 34 ENTIRE AGREEMENT 34.1 The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive the right for the term of this agreement to bargain collectively with respect to any matter referred to or covered in this agreement, or with respect to any subject or matter not specifically referred to or covered by this agreement. This contract represents the entire agreement between the parties and no other agreements or practices are binding upon either party hereto with respect to wages, hours or working conditions of the employees covered hereby. The employer shall not be obligated to continue any benefits or employee practices which it has given or engaged in prior to the execution of this agreement unless such benefits or practices are specifically set forth in this agreement, and past practices of the employer will not be considered in interpreting this agreement. WO 576 ARTICLE 35 PRINTING AGREEMENT 35.1 This agreement shall be printed within a reasonable time by the County. The County shall provide three originals of the contract and 25 copies of this agreement to the union, and the union will be responsible for any additional requests for copies. In addition the County shall keep a copy at each division office, which will be available upon request for employee review. WFA 577 ARTICLE 36 SAVINGS CLAUSE 36.1 If any article, section, or provision of this agreement should be found invalid, illegal or not enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. If such action occurs, the County and the union shall meet within thirty days for the purpose of negotiating a mutually satisfactory replacement for such provision. ss 578 ARTICLE 37 DURATION OF CONTRACT 37.1 This agreement shall be effective October 1, 2022, shall remain in full force and effect until the 30th day of September 2024, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing 180 days prior to the anniversary date that it desires to modify or terminate this agreement. In the event such notice is given, negotiations shall begin no later than 150 days prior to the anniversary date. This agreement shall remain in full force and effect during the entire period of negotiations for a modification of this agreement, except that there shall be no wage or benefits improvements. Agreed this day of 2022. BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL UNION NO.769 INDIAN RIVER COUNTY, FLORIDA 9 Peter O'Bryan, Chairman By Timothy Gillette, Chief Union Steward Attest: Jeffrey R. Smith, Clerk of Court, Comptroller Deputy Clerk Jason E. Brown, County Administrator By Business Representative 59 579 i2 C. ( w!h INDIAN RIVER COUNTY FLORIDA AGENDA ITEM Assistant County Administrator / HUMAN SERVICES Date: June 14, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Leigh Anne Uribe, Human Services Director Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2022/23 Background On March 22, 2022, 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. Copies of all grant applications submitted are on file for review in the Commission Office. Fundinq 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 $2,443,606. 580 Recommendation Staff respectfully requests that the Board of County Commissioners approve the CSAC's funding recommendations for children's programs for FY 2022/23. Attachments CSAC Recommended Program Funding FY 2022/23 Memo Children's Services Funding Allocation for Fiscal Year 2022/23 AGENDA ITEM FOR SEPTEMBER 13, 2022 581 0 0 0 4 O M 8808 0" u01 0 0 0 0 00 0 1011 0 0 00 0 0 0 00 0 m o 088000000 00 00 � m0 000 M c m O Vl c 0 H H 1D o 0 o tO o o a o o 0 0 0 c o o m c ' c 0 1n c a 0 0 0 VI V1 O u1 o; 0 1-� o O N" tD N (+1 N o" r- O 10 o0 O m o o m O O w O O 16 u1 O o 0 0 .-i O u1 o u1 m H ct m N m m m m N ID 1mi H H w M w m N m O M C1 1'11 N N It M N N 1, o N m m N H H M Ill Vv 0 N ~ c o omo 0 0 0 omo e r o r`i c 0 0 m C H cT m m iv ti m o m S -n N S 1M0 1101 S N S S S S loll S c � c M o O V W 111 O Ol O O M O O Qi N m m m H H w 1p m m N m Vl H M m M O o C o o 0 0 1011 O O o o o 0 0 0 0 0 ti N m O n vl c lz O O O O Il O O c V O O O u1 m N m N O O O O vl H 1t1 vl O Vl 00 V V H H l0 M M m N N N H M Ln ^ M O O O O N to O O O O O O O O O O W N o O Vt O O O H O O O N o O I� O ul O m 0 0 N l0 m m O 1f1 O vt O 1D O O t0 M M H N H N h Ill N H H \ * '* �R if e �R p 3° N N Z° � �° * °� o*' * * e * * � e m " N � eR O ;R<R a 2° M ¢ O O MN O O h O N '0 O O v N Q O 28 0 0 M O .:y n .y b 0� O O O O O O O N H O 0 0 0 0 m 0 0 0 0 O N O O O O O O O O O O O O O O O O m 0 0 0 0 0 0 0 0 0 0 O O H 0 0 0 o m o o O o O m Vl C 0 C 1l1 0 C 1l1 0 0 0 0 0 0 c m o 0 0 0 0 0 0 0 1n o O c H �000molnolnoo HHt0000lpinov00000000000 ooln0000vo ooln �vilrioviovo�vio ni6o me oNr�01dwao 00m00w0 ovilri0000 io vi 00 am H V m N m M m m N w H H tO m w m N M V m V m M N N d' m N N n to N m m N '-I M VI M N N N+ O N O n Oaj O O O R N Q O N O O t�rl a g O O ry O O O O O O N vOj o m g o a o$ m o o0o0 o 0 000 0v 0 0 0 0 o0 00080wmOomm000o00o0 1 0m omoC C vloC C oo 08 01 v tri o m 0 o m O 0 o 6 N 0 rl m N o N N o w 00 1+l N 0 0 0 V1 O t0 o V o Vf V 0 0 0 0 7 m H 1l1 M Vl Ill 10 Ill O m m 10 M H H lO w w w N m h M C O V Ill 01 V w H M N I N N m m K L U O 10 G C O p O V d ° e c m e a � L 0 g °' v o E E > o c 'c 1J a` w m> o a o `o o`o °' E u u E E °' v 'o ° Id w Et -L - E Y `w `^ o 0 o y 1i y vv vvi mu Eo c m e c w� o c E wup. ~'ate r CL w N O d H N m o N V d b N} X00 u m O °' tui w'o > L o d c°= is } u= `w a' rEo 0 w o m p a - c z v` w c O o u° E G o m u. a p '� 1n E ro m v c v" u N LL w v v c w u v c 1J °' v s m ii m o7S u p m° '^ m o w m y u oii r c u vl c o v 1'n m u vE a u a¢ c w '�^ v c w w °1. o v_ -m a o c u Y C u N O C N O a+ O C 'O O W U L w G 0 N Q ti ' +' 0 0 0 u¢ O c w w d Y V ]. bD w m c m �_ c v °' 0 0 u c E N .. v 0Na E v •� �' E J m ,' m w `^ °c° w m v c« m vLi c c> 3 m v o �° u LL v v r ° E m E= E v°= _ w w m n°° m w u °o °o E —' _ a v° r °� o c v v v¢ v m o a L o p o 0 m w m r r r m o o a v ° w u >> w L m c v c m Q L d u¢ vl u u r 0 m o w w an vl Q 1n m o u al x d 1n 2 w w¢ w a¢ u 1n ¢ to an *• r wm w — u O C N C N N C C C U O N O Q N S N u OD u` z u N N N VI N u N Y C m E c u Z ° °-' o° E c v c r o v` w u° ° u H K tuJ O xit =E N L O N U O mu N>> L u m 0 m °41 " 0,-. u c o lZw7 v o i i3 E ° io V o c '' .m Q O 1°J a1 a ¢ c o o `m t' a v Q00 N �' w o 3 cao Y ELL. v`'E m E c E� 3 >m — L z N 000 .E O >> A t LL= m m N c w Q L O W n w u w v_ u c v 0 o u ¢ a, J E 1O = v a u u E v o � u cw a m w E ° c }> t `o m o o E c c co r u l7 v a u u¢ w H m a >>o. E c 3 a ._ w .n c m w o - 0 m L L m` w C al = N L O J u a! V N u > > > N p m m u u u u o w w w LL l7 l7 x 2 2 Z O d s v o I 4 h- > §i- } N 00 kn m O m .> O a 1n d` � o � m Q E � u } aE w � o c W N > C 10 ry Q O u u Y L E c > > O d W m d N N m O CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 2, 2022 From: Kristin Daniels Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2022/23 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. 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 583 12, D, (y DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne Boyll� Human Resources Director Date: August 31, 2022 Subject: Employee Benefits Consultant/Broker/Actuary Services — Approval of Service Agreement with Lockton Companies LLC effective October 1, 2022 (RFP 2022043) Background Indian River County solicited proposals for healthcare benefits consulting/broker/actuary services on March 3, 2022. DemandStar broadcast to two hundred and twenty-six (226) companies and eleven (11) companies downloaded the RFP documents. Three (3) companies submitted proposals by the April 1, 2022 deadline. Lockton Companies, LLC (incumbent) Mercer Risk Management and Associates A Selection Review Committee (Committee) comprised of Director of Management and Budget Kristin Daniels, Human Resources Generalist Sheila O'Sullivan, and Human Resources Director Suzanne Boyll independently reviewed the proposals, individually ranked the proposals and convened to discuss the rankings on June 17, 2022. The final ranking developed by the committee was: 1) Lockton Companies, LLC 2) Risk Management and Associates 3) Mercer The Committee requested clarification from Lockton Companies, LLC related to compensation options and met to review the provided information on June 30, 2022. At this meeting, the Selection Review Committee unanimously recommended Lockton Companies, LLC continue as the County's Benefits Consultant/Broker/Actuary for the County's employee benefits program under the existing compensation structure of $89,000 net of commissions to be paid quarterly, with additional commissions earned on life insurance and disability benefits for an estimated annual compensation of $130,000 per year. Lockton will include an annual compensation disclosure reflecting any commissions received. Staff has been pleased with the services provided by Lockton Companies LLC since October 1, 2017. Lockton has been responsive in assisting the County with management of employee benefits program and identifying cost savings opportunities. Funding Consultant/Broker Compensation of $89,000 annually is budgeted and available in the Employee Health/Health Insurance/Other Professional Services account, number 50412719-033190. Account Name I Account Number Amount Employee Health/Health Insurance/Other Professional Services 50412719-033190 $89,000 Recommendations: Staff recommends and respectfully requests the Board of County Commissioners award RFP 2022043 to Lockton Companies, LLC, approve the Services Agreement with Lockton Companies LLC effective October 1, 2022 through September 30, 2027, and authorize the chair to execute the agreement upon review and approval by the County Attorney as to form and legal sufficiency. Attachments: Lockton Service Agreement and Compensation Disclosure 585 LOCKTONp Services Agreement This Services Agreement (the "Agreement") made and entered into effective as of October 1, 2022 ("Effective Date"), by and between INDIAN RIVER COUNTY ("Client") and the Southeast Series of Lockton Companies, LLC ("Lockton"). In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. TERM. This Agreement will be in effect from the Effective Date to September 30, 2027 unless earlier terminated in accordance with the provisions of Section 4 of this Agreement. This Agreement may be extended by mutual written agreement of the parties pursuant to Section 6.3 of this Agreement. 2. COMPENSATION, DISCLOSURE AND PAYMENT TERMS 2.1 Compensation. All insurance brokerage and/or other insurance brokerage services provided by Lockton as set forth in Addendum A are services required by applicable law or regulation to be or are customarily performed by a licensed insurance broker (including a person designated by applicable law as a consultant licensed to render services as an insurance broker). Any services (other than services as a consultant licensed to render services as an insurance broker) that may from time to time be included in or rendered in connection with the foregoing services are embedded in or ancillary to the performance of Lockton's insurance brokerage services and will be performed without separate payment for such consulting services (if any). Compensation for the services to be rendered under this Agreement shall consist of the following: • This Agreement will be in effect from the Effective Date above on an annual basis and shall automatically renew for annual periods through September 30, 2027 unless earlier terminated in accordance with the provisions of the Agreement. • Base commissions calculated as a percentage of premiums on those insurance placements so referenced in Addendum B, and • As applicable, other compensation set forth below. 2.2 Disclosure. In addition to the compensation set forth above, Client acknowledges, consents and agrees that Lockton may also receive other forms of incentive compensation such as contingency payments, bonuses, overrides, prizes/awards and/or supplemental commissions or other commission -like payments from insurance companies, intermediaries (which may be affiliated with Lockton) or other third parties as a result of being Client's insurance broker (collectively, "Additional Compensation"). Addendum B, receipt of which is hereby acknowledged, sets forth a disclosure of actual or estimated commissions and/or Additional Compensation, if any, Lockton may or will receive on account of its services provided to you or on your behalf. 2.3 Payment Schedule. Client shall pay the fee set forth above on the following payment schedule: C LOCKTON Due Date Amount Due Quarterly $22,250 Client will provide full payment to Lockton for all fee invoices submitted within 30 days of Client's receipt of each invoice. Client grants Lockton a right to offset any amounts Lockton owes to Client against any unpaid fees Client owes to Lockton. 2.4 No Offset. It is further agreed that no portion of any noncash compensation (e.g., meals, entertainment, travel, gifts, etc.) received by Lockton from any insurance company, intermediary, or other third party as a result, in whole or in part, of Lockton's services as Client's insurance broker shall be offset or credited against the compensation payable to Lockton as set forth above. 3. SERVICES 3.1 Scope of Services. It is hereby understood and agreed that in consideration of the compensation set forth above, Lockton will provide the consulting services outlined in Addendum A, which is attached to and made part of this Agreement. In the event Client: 1) requests that Lockton place coverage on any line(s) of business not indicated in Addendum B; 2) requests that Lockton provide other services beyond those set forth in Addendum A; or 3) makes an acquisition or otherwise experiences growth such that the level and/or scope of services needed by Client shall significantly exceed the level of services as contemplated at the inception of this Agreement, Client and Lockton agree to review in good faith the additional services required and increase the fee set forth herein or agree to other compensation (such as commissions on additional placements) in addition to the fee. Such additional compensation shall be set forth in a written and signed addendum pursuant to Section 6.3 of this Agreement. 3.2 Use of Intermediaries. When in Lockton's professional judgment it is necessary or appropriate, Lockton may utilize the services of intermediaries or other appropriate outside vendors to assist in the servicing and marketing of Client's employee benefit programs. However, this may only be done after consultation with Client. Such intermediaries may or may not be affiliates of Lockton. Lockton will advise Client whether any such intermediary is an affiliate of Lockton. Under all circumstances, any and all compensation earned by any intermediary or outside vendor shall be in addition to the compensation paid to Lockton as described herein. 3.3 Modeling and Analytics Services. Lockton provides various modeling and/or data analytics services to its clients ("Modeling Servi5®r ement Page 1 of 15 and Analytics Services") and may provide such services to Client. Client authorizes Lockton to 1) disclose information it receives from Client, its insurers and/or third -party administrators to Lockton's affiliates, parents, employees, and/or to third parties as necessary to perform such Modeling and Analytics Services, and 2) contribute such information to benchmarking databases created by or for Lockton to facilitate the creation of analytic reports for its clients, provided that such reports shall not include any information that personally identifies Client or its employees. Modeling and Analytics Services will be based upon a number of assumptions, conditions and factors, as well as information provided by third parties. If any such information provided to or utilized by Lockton is inaccurate, incomplete or should change, the Modeling and Analytics Services provided by Lockton could be materially affected. As Modeling and Analytics Services are subject to inherent uncertainty and involve variables beyond Lockton's control, actual results may differ materially from Lockton's projections. The parties agree that Lockton shall have no liability to Client if 1) Lockton is provided inaccurate or incomplete information, or 2) actual results differ from Lockton's projections. Modeling and Analytics Services do not constitute, and are not intended to be a substitute for, independent actuarial, accounting or tax advice. 4. TERMINATION OF SERVICES 4.1 Termination for Convenience. Client or Lockton may terminate this Agreement at any time with ninety (90) days' written notice to the other party. 4.2 Termination Upon Change in Broker of Record. However, should Client designate a broker other than Lockton as its exclusive broker of record at any time subsequent to the Effective Date for any reason, this Agreement shall terminate on the effective date of the change in broker of record ("BOR") rather than at the conclusion of the ninety (90) day notice period referenced in Section 4.1., above. 4.3 TERMINATION IN REGARDS TO F.S. 287.135: Lockton certifies that it and those related entities of Lockton 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, Lockton certifies that it and those related entities of Lockton as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List orthe 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. Client may terminate this Contract if Lockton 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. Client may terminate this Contract if Lockton, 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 • �,i11.1 engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 4.4 Fee Due at Termination. In the event that Client terminates this Agreement, either by BOR or by ninety (90) days written notice, all services will be discontinued on the effective date of termination and Lockton will assist in the transition to Client's new broker or other person that Client authorizes and represents to Lockton is authorized by applicable law to render the services transitioned. In such event, Lockton shall be deemed to have earned, and Client shall remain obligated to pay Lockton, a portion of the annual fee then in effect in accordance with the following schedule: If BOR received or Amount of annual Agreement terminated**: service fee owed*: During first 3 months of the term: 50% During 4th through 6th months of the term: 75/ During 7th through 9th months of the term: 90� During 10th through 12th months of the term: 100% *Does not apply to intermediaries and any coverage that they place on Client's behalf. **In the event of a multiyear term, this provision applies annually from the Effective Date, for the initial term, or the anniversary date for any successive term. If applicable, Lockton shall also be entitled to retain all commissions earned on Client's placements through the effective date of termination. 4.5 Additional Expenses Payable Upon Termination. In the case of a renewal, should some or all of the insurance coverages described in Addendum B be assigned to another broker through a broker of record letter prior to the inception date of the coverages, in addition to any termination payment owed pursuant to Section 4.3 above, Client will reimburse Lockton for its reasonable expenses for the time, charges, and expenses incurred for the renewal services provided through the date of the broker of record letter. S. CONFIDENTIALITY 5.1 Confidential Information. Lockton and Client acknowledge that the nature of Lockton's services provided to Client may result in either party (the "Disclosing Party") disclosing to the other party (the "Receiving Party") certain of Disclosing Party's information ("Information"), some of which may be of a confidential or proprietary nature. Client acknowledges and consents to Lockton's use and disclosure of information in the course of performing marketing, services, claims handling, risk management and/or insurances renewal services for Client. For purposes of this Agreement, Information shall mean any and all nonpublic information provided to the Receiving Party, which may include the Disclosing Party's product, marketing, pricing or financial strategies; customer information; carrier rate and discount data; Service3 tglment Page 2 of 15 employee information; proprietary business processes or technologies; financial information and/or trade secrets. 5.2 Exclusions. Information shall not include any information that: 1) is or becomes publicly known and generally available in the public domain through no wrongful action or disclosure by the Receiving Party; 2) becomes known by the Receiving Party without any obligation to hold such information in confidence; 3) is received from a third party without similar restrictions known to the Receiving Party; 4) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Information; or 5) The Receiving Party is required by law, regulation, summons, subpoena or similar judicial, regulatory or administrative order or proceeding to disclose, but only to the extent and for the purpose of such required disclosure, provided the Receiving Party, unless prohibited by law, gives the Disclosing Party prompt written notice of such required disclosure to enable the Disclosing Party to pursue protective measures. 5.3 Receiving Party's Confidentiality Duties. In consideration of the Disclosing Party's disclosure of Information to the Receiving Party, the Receiving Party hereby agrees as follows: A. The Receiving Party shall take all reasonable steps to protect the confidentiality of the Information, and shall not use the Information for any purpose other than the advancement of the services contemplated herein. B. The Receiving Party shall not, without the prior written approval of the Disclosing Party, publish or disclose to others any of the Information, except that Client expressly authorizes Lockton to disclose Client's Information to underwriters, insurers, insurance -related intermediaries and/or other third parties as necessary for the purpose of providing the services contemplated herein. C. The Parties acknowledge that any unauthorized disclosure or use of the Information in violation of this Agreement by a Receiving Party may cause the Disclosing Party irreparable harm, and that money damages alone, the amount of which might be difficult to ascertain, might be an inadequate remedy and, therefore, agree that the Disclosing Party shall have the right to seek injunctive relief in addition to any other remedies otherwise available to the Disclosing Party at law or in equity. D. At the Disclosing Party's written request, the Receiving Party shall return to the Disclosing Party any and all records or documents constituting the Information, except that the Receiving Party shall be permitted to retain an archival copy of the Information pursuant to its record retention and regulatory and legal compliance requirements. If return of the Information is not feasible, the Receiving Party shall maintain the Information pursuant to the terms and conditions of this Agreement. 6. GENERAL CONDITIONS 6.1 Cooperation. Client shall provide Lockton with reasonable cooperation and assistance necessary for Lockton to fulfill its responsibilities to Client pursuant to the terms of this Agreement, including, without limitations, copies of all documents reasonably requested by Lockton and the cooperation of and access to certain of Client's personnel. 6.2 Assignment. Neither party shall assign any rights or duties herein set forth without the prior written consent of the other party. 6.3 Entire Agreement. The terms and conditions of this Agreement constitute the entire Agreement between the parties with respect to the subject matter hereof. Subject to the provisions of Section 3.1, this Agreement shall not be amended except by a written amendment signed by both parties, and no promises, agreement, or representations not herein set forth shall be of any force or effect between them. This Agreement shall serve to terminate and supersede all agreements and undertakings heretofore entered into between the parties on subjects covered by this Agreement. 6.4 Indemnification. Lockton and Client shall indemnify, defend, and hold one another, their directors, officers, employees, agents, and representatives harmless from and against any and all claims, damages, losses, or expenses (including such parties' reasonable attorney, accountant, and expert witness fees and costs) incurred by one party as the result of (i) a material breach by the other party of any of its obligations under this Agreement or (ii) any willful or negligent conduct of the other party. 6.5 Dispute Resolution. Any and all disputes between the parties arising out of or relating to this Agreement or the services provided pursuant to this Agreement shall be adjudicated and resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time such arbitration is initiated. Any arbitration hereunder shall be conducted in Kansas City, Missouri, and the decision of the arbitrator shall be final and binding upon all parties. An arbitrator's decision may be recorded and registered as a judgment in any jurisdiction in which the party against whom the arbitration award is rendered has assets in order for the prevailing party to collect any amounts due hereunder. Each party shall be responsible to pay its own arbitration filing fees, arbitrator fees, attorney fees, and other related administrative costs and expenses incurred in the course of prosecuting or defending a claim in arbitration. 6.6 Limitation of Liability. IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST BUSINESS), ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER LEGAL THEORY. IN ANY EVENT, THE LIABILITY OF ONE PARTY TO THE OTHER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO TEN MILLION DOLLARS ($10,000,000.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO: 1) ANY DAMAGES AWARDED IN CONJUNCTION WITH A FINAL JUDICIAL DETERMINATION OF FRAUD OR GROSS NEGLIGENCE OR 2) PERSONAL INJURY, INCLUDING DEATH, OR DAMAGE TO TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENT, WILLFUL OR INTENTIONAL ACTS OF A PARTY OR ITS EMPLOYEES, AGENTS OR Servic5tg§ement LOCKTON Page 3 of 15 SUBCONTRACTORS. REFERENCES TO A PARTY IN THIS SECTION INCLUDE SUCH PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AGENTS AND DOMESTIC AND INTERNATIONAL AFFILIATED ENTITIES. 6.7 Accuracy and Completeness of Information. Client shall be solely responsible for the accuracy and completeness of all information furnished to Lockton and/or to underwriters, insurers, insurance -related intermediaries and/or other third parties as necessary for the services contemplated herein. Lockton shall not be responsible for independently verifying the accuracy or completeness of any information that Client provides, and Lockton shall be entitled to rely on such information. Lockton shall have no liability for any errors, deficiencies or omissions in any services provided to Client, including the placement of insurance on Client's behalf, that are the result of, arise from, or are based, in whole or in part, on inaccurate or incomplete information provided to Lockton. Client understands that the failure to provide accurate and complete information to an insurer, whether intentional or by error, could result in the denial of claims or rescission of coverage altogether. Client will review all policy documents provided to Client by Lockton and shall inform Lockton of any inaccuracies, deficiencies or discrepancies contained therein. 6.8 Use of a Particular Insurer. Lockton is not obligated to utilize any particular insurer. In addition, Lockton is not authorized to make binding commitments on behalf of any insurer, except under certain circumstances which Lockton shall endeavor to make known to Client. Lockton shall not be responsible for the solvency of any insurer or its ability or willingness to pay claims, return premiums or other financial obligations. Lockton does not guarantee or make any representation or warranty that insurance can be placed on terms acceptable to Client. Lockton will not take any action to replace Client's insurers unless Client instructs Lockton to do so. 6.9 No Reliance. Any reports or advice provided by Lockton should not be relied upon as accounting, legal, actuarial or tax advice. In all instances, Lockton recommends that Client seek independent advice on such matters from professional accounting, legal, actuarial and tax advisors. 6.10 Responsibility for Insurance Programs. Lockton will not be responsible for the adequacy or effectiveness of any insurance programs or policies implemented or placed by another broker, including, without limitation, any acts or omissions occurring prior or subsequent to Lockton's engagement. 6.11 Relationship between the Parties. Client acknowledges and agrees that in no event shall Lockton owe any enhanced or special duties to Client, express or implied, in fact or by law, whether referred to as a special relationship or fiduciary relationship or otherwise, except to the extent required by applicable law. 6.12 Notices. Any communication or notice required or which may be given hereunder shall be addressed to Client and to Lockton at their respective addresses as follows: CLIENT INDIAN RIVER COUNTY 1800 27th Street Vero Beach, FL 32960 Attn: Suzanne Boyll Title: Human Resources Director I Indian River County Board of County Commissioners LOCKTON SOUTHEAST SERIES OF LOCKTON COMPANIES, LLC 3280 Peachtree Road NE Suite 250 Atlanta, GA 30305 Attn: Manoj Sharma Title: Chief Operating Officer 6.13 Governing Law. This Agreement shall be governed for all purposes by the laws of the state of Florida. 6.14 E -Verify. Lockton 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. Lockton is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. PUBLIC RECORDS COMPLIANCE 7.1 Client is a public agency subject to Chapter 119, Florida Statutes. Lockton shall comply with Florida's Public Records Law. Specifically, the Lockton shall: (1) Keep and maintain public records required by the Client to perform the service. (2) Upon request from the Client's Custodian of Public Records, provide the Client 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 Client. (4) Upon completion of the contract, transfer, at no cost, to the Client all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If Lockton transfers all public records to the Client upon completion of the contract, Lockton 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 Servic5A'gFeement Page 4 of 15 Client, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 7.2. IF LOCKTON HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LOCKTON'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 7.3. Failure of Lockton to comply with these requirements shall be a material breach of this Agreement. <The rest of this page is intentionally left blank. Signature page to follow.> ,G Servicngement ETON Page 5 of 15 WARN NAWRO �1� ►� lel In witness whereof, the parties hereto have executed the Agreement in duplicate intending each copy to serve as an original as of the day and year first written above. SOUTHEAST SERIES OF LOCKTON COMPANIES, LLC INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONS BY: BY: Manoj Sharma Chief Operating Officer DATE: DATE: BY: DATE: BY: DATE: BY: DATE: BY: DATE: G Services Agr52el l.00Kial Page 6 of 15 Addendum A - Proposed Scope of Services & Compensation :• Conduct Health and Welfare Program Assessment to establish short- and long- Annually term benefit plan objectives, including benefits offered, plan design, Annually No Additional Cost employee/employer cost sharing, role of voluntary benefits, etc. Semi-annually No Additional Cost :• Review possible future program modifications and financial impact to Annually No Additional Cost complement the Client's objectives :• Prepare and present detailed renewal report, including Lockton :• Develop and monitor strategic plan, with emphasis on benefits offered, plan Annually No Additional Cost design, total cost, and employee contributions Annually No Additional Cost :• Analyze relevant normative data to ensure the Client is within its desired Annually No Additional Cost range No Additional Cost :• Coordinate renewal activities with all carriers/administrators Annually No Additional Cost :• Quantify financial impact of renewal; negotiate variance between renewal and Prepare preliminary renewal projection based on claims analysis Semi-annually No Additional Cost Lockton projections Annually No Additional Cost :• Prepare and present detailed renewal report, including Lockton Annually No Additional Cost recommendations Annually No Additional Cost dental financing (e.g. fully insured, self-insured, minimum premium, etc.) :• Prepare and distribute Request for Proposal if marketing is necessary As needed No Additional Cost :• Direct and coordinate marketing process and carrier data requests As needed No Additional Cost :• Prepare and present Marketing Report, detailing current and proposed costs, As needed No Additional Cost provider networks, service capabilities, plan designs, vendor evaluations, etc. As needed No Additional Cost :• Prepare and submit Executive Summary of final recommendations, including As needed No Additional Cost marginal cost analysis associated with program changes and/or price changes :• Prepare paid claims analysis, detailing paid claims, projected claims, plan Monthly No Additional Cost enrollment, and large claimants > Prepare preliminary renewal projection based on claims analysis Semi-annually No Additional Cost :• Prepare claims management report, detailing claims paid by type of service, diagnostic category, in- vs. out -of -network, brand drug vs. generic drug Annually No Additional Cost utilization, etc. (based on carrier reporting capabilities) > :• Analyze claims history to determine most appropriate method of medical and/or Annually No Additional Cost dental financing (e.g. fully insured, self-insured, minimum premium, etc.) > :• Access to Lockton's in-house Compliance Department for assistance with: > ERISA and state insurance law; COBRA and HIPAA; Title VII, FMLA, and Daily No Additional Cost USERRA; Tax Code welfare; Tax Code retirement > Legislation affecting benefit program Daily No Additional Cost > ERISA requirements via "ERISA Calendar" Annually and updates No Additional Cost > Document preparation and review As needed No Additional Cost > Compliance audits and reporting As needed No Additional Cost Services Agre5V SOK Page 7 of 15 Addendum A - Proposed Scope of Services & Compensation Other services include online seminars and workshops, compliance newsletters, Timely No Additional Cost and newsfiashes/alerts delivered via e-mail :• Coordinate gathering of Schedule A reports to facilitate preparation of Annually No Additional Cost signature -ready Form 5500 :• Health Care Reform modeling & strategy with updates as needed Annually No Additional Cost Actuarial Services Provide comprehensive actuarial services, including: No Additional Cost > IBNR reserve certification > Actuarial valuation of benefit plan design changes > Stop loss analysis, including O Analysis of the difference in risk between various stop loss levels o Estimate of expected number and dollar of claims above the specific stop loss deductible o Probability that aggregate claims will exceed various levels o Comparison of provider network reimbursement levels by network O COBRA rate certification As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost As needed No Additional Cost Services AgrRQt LOCKTOK Page 8 of 15 4 Analysis of funding options (fully -insured vs. self-insured) As needed No Additional Cost .0 Detailed analysis of claims data to identify problem areas, estimate As needed No Additional Cost impact of plan changes, project enrollment for multi- option plans, etc. 4 Multi -option plan modeling, including cost projections, employee As needed No Additional Cost Employee contribution strategies, and enrollment migration estimates Communication Implementation Activities :• and Develop basic written and visual employee communication materials (i.e., Annually No Additional Cost overview, overheads, bulletins, etc.) :• Coordinate annual enrollment process Annually No Additional Cost :• Manage carrier participation in annual enrollment process Annually No Additional Cost :• Develop periodic benefit -related company newsletter articles, as requested by As needed No Additional Cost ER :• Implement Web -based benefit communication/enrollment system — Lock -ton As needed No Additional Cost Routine Marketplace Service :• Provide daily assistance in resolving escalated carrier service issues (i.e., claims, Daily No Additional Cost billing, etc.) :• Coordinate and attend service meetings with the Client, Lockton, and select Quarterly No Additional Cost carrier representatives :• Coordinate research on benefit -related legal issues with Compliance team As needed No Additional Cost :• Review plan documents, summary plan descriptions, contracts, and other As needed No Additional Cost benefit -related documents Services AgrRQt LOCKTOK Page 8 of 15 Addendum A - Proposed Scope of Services & Compensation Conduct Employee satisfaction surveys Annually Additional cost - TBD COBRA Administration Third Party Vendor Prepare annual benefit statements Annually Additional cost - TBD :• FSA Administration Annually Additional cost - TBD :• Retirement and Executive Compensation consulting Annually Additional cost - TBD :• International Benefits consulting Annually Additional cost - TBD :• Provide situational analysis of current HR, Payroll, Benefits, and/or Time technology and processes and review of current contract(s) As needed Additional cost - TBD :• Facilitate vendor selection process for HR, Payroll, Benefits, and/or Time As needed Additional cost - TBD technology and services :• Provide implementation oversight to HR, Payroll, Benefits, and/or Time technology implementation projects As needed Additional cost - TBD :• Provide ongoing governance of HR, Payroll, Benefits, and/or Time technology As needed Additional cost TBD contracts/service level agreements C ` Services Agre9eA IIOCKTQK Page 9 of 15 Addendum B — Compensation Disclosure Statement Thank you for giving Lockton Companies, LLC, the opportunity to provide insurance brokerage and/or other insurance services to you on behalf of your employee benefit plans. The purpose of this Compensation Disclosure Statement is to explain the circumstances under which Lockton may receive compensation from insurance companies and other entities for the services we provide on your behalf, and the method by which the amount of that compensation is determined. As your broker (or, if an insurance broker is so designated under applicable law, as your consultant licensed to render services as an insurance broker), Lockton may assist you with (i) the placement of one or more insurance contracts offered by employee benefits insurers and/or (ii) services related to one or more self-funded plans administered in whole or in part by an insurance company or other entity, such as a third -party administrator ("TPA"). Any reference herein to a "consultant" shall mean a person designated as a "consultant" under applicable law governing persons who render services as an insurance broker. Upon placement of a policy with an insurance company, Lockton typically receives compensation from that insurer. This compensation may differ in form and amount depending on the product and the insurer. In cases where Lockton facilitates the placement of an administrative services contract with an insurance company or TPA, Lockton might receive commission -like payments from that carrier or TPA. There are generally three types of commission or commission -like payments made by insurance carriers and TPAs to employee benefit brokers and consultants: 1. Base Commissions—Typically, base commission is equal to a percentage of the policy premiums paid by the contract holder. The rate and amount of commission may vary based on the specific circumstances of an individual policy placement. 2. Additional Compensation—Contingency payments, bonuses, overrides, prizes/awards and/or supplemental commissions or other commission -like payments from insurance companies, intermediaries (which may be affiliated with Lockton) or other third parties as a result of being Client's insurance broker (collectively, "Additional Compensation") are typically based upon factors such as the overall premium volume placed with a particular insurer, premium growth year -over -year, retention/persistency and the profitability of all the business placed with that insurer on a national basis. Historically, Additional Compensation received by Lockton has ranged from 0.5-5% of overall premium volume placed with an insurer. Additional Compensation is not considered part of the base commissions, and typically is not based upon or contingent on the sale of any particular policy to a particular insured, and does not affect the premium you pay. Some carriers may take into account administrative -services -only contracts placed with the carrier by the broker or consultant on a client's behalf when calculating Additional Compensation. 3. Administrative Service Fees—Insurance companies and TPAs may pay a commission -like fee for services rendered to arrange for the insurance company or TPA to administer a client's self-insured benefit program. Attached you will find a summary description of the compensation we believe Lockton is or may be entitled to receive from the insurance companies and/or other entities listed in the attachment that is attributable to the insurance or administrative service contracts placed with those insurers or other entities on your behalf. Lockton will update this Compensation Disclosure Statement as the information in the attachment changes (i.e., as contracts are placed or renewed, or there are material changes to the terms and conditions of Lockton's compensation from insurance carriers and other entities providing insurance and/or administrative services to you). Please note that insurance companies are required to disclose to most clients the base and supplemental commissions and other incentive compensation they pay to the clients' brokers and consultants. They are also required to disclose the value of certain gratuities and gifts (business lunches, tickets to sporting events, etc.) supplied to Lockton Producers and Associates if those items are supplied directly or indirectly in relation to your insurance contract. These amounts are to be reflected as part of the carriers' Form 5500 Schedule A disclosures supplied to you. Because carriers might employ different methods for tracking, tabulating, and allocating these various items, the amounts reflected on your Schedule A information might vary somewhat from the amounts reflected in our attached summary of anticipated compensation. Please feel free to contact us if you have any questions regarding this Compensation Disclosure Statement. Copyright 2022 Lockton Companies, LLC. All rights reserved. The contents of this document are proprietary and confidential. Unauthorized duplication of this document is prohibited. 559n �iQ1t P'a e�0 of 15 Compensation Disclosure Compensation Disclosure —Attachment Sheet 1 of S Sheets) Lockton believes it is or may be entitled to receive the compensation listed below, from the insurance companies and/or other entities listed below, attributable to the insurance and/or administrative service contracts placed with those insurers and/or other entities on your behalf. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Blue Cross and Blue Shield of FL Inc Policy or Benefit Type: Medical PPO Plan Name: Medical Premier Gold Plan Policy/ Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2026 Base Commissions: Medical Plan Rate - Net of commission Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Blue Cross and Blue Shield of FL Inc Policy or Benefit Type: Medical PPO Plan Name: Medical Premier Silver Plan Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2026 Base Commissions: Premier Silver Plan Rate - Net of commission Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: RxBenefits, Inc. Policy or Benefit Type: Prescription Drug (Carve -Out) Plan Name: PBM Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2023 Base Commissions: PBM Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Optum Policy or Benefit Type: Stop Loss Plan Name: Stop Loss Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2023 Base Commissions: Stop Loss Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Clarity Benefit Solutions Policy or Benefit Type: Administration Fees Plan Name: Retiree billing Policy/ Contract Year: Effective Date 10/1/2021 to Expiration Date 10/1/2024 Base Commissions: $0.00 per Month Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). G Copyright 2022 Lockton Companies, LLC. All rights reserved. The contents of this document are proprietary and confidential. Unauthorized duplication of this document is prohibited. 1.DIXTOK �a�e 7O 1 of 15 Compensation Disclosure Compensation Disclosure — Attachment Sheet 2 of 5 Sheet(s) Lockton believes it is or may be entitled to receive the compensation listed below, from the insurance companies and/or other entities listed below, attributable to the insurance and/or administrative service contracts placed with those insurers and/or other entities on your behalf. Client Name: INDIAN RIVER COUNTY Insurer or TPA: EyeMed Vision Care Policy or Benefit Type: Vision Plan Name: Vision Plan Policy/ Contract Year: Effective Date 10/1/2021 to Expiration Date 9/30/2025 Base Commissions: Vision Plan Rate - Indian River County - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Ameritas Life Insurance Corp Policy or Benefit Type: Dental PPO Plan Name: LOW Option Plan Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2023 Base Commissions: LOW Option Plan Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Ameritas Life Insurance Corp Policy or Benefit Type: Dental PPO Plan Name: HIGH Option Plan Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2023 Base Commissions: HIGH Option Plan Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Health Advocate Policy or Benefit Type: Employee Assistance Program (EAP) Plan Name: EAP Policy / Contract Year: Effective Date 8/1/2022 to Expiration Date 9/30/2024 Base Commissions: EAP Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Health Advocate Policy or Benefit Type: Core Advocacy Plan Name: Core Advocacy Policy / Contract Year: Effective Date 8/1/2022 to Expiration Date 7/31/2024 Base Commissions: Rate - Net of commission Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Copyright 2022 Lockton Companies, LLC. All rights reserved. The contents of this document are proprietary and confidential. Unauthorized duplication of this document is prohibited. LOCKTOK �a?e 1% 2 of 1s Compensation Disclosure Loc" Compensation Disclosure —Attachment Sheet 3 of S Sheets) Lockton believes it is or may be entitled to receive the compensation listed below, from the insurance companies and/or other entities listed below, attributable to the insurance and/or administrative service contracts placed with those insurers and/or other entities on your behalf. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Mutual of Omaha Insurance Company Policy or Benefit Type: Life and AD&D Plan Name: Basic Life and AD/D Policy/ Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2024 Base Commissions: Basic Life and AD/D Rate - 5.0% Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed Compensation: description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Mutual of Omaha Insurance Company Policy or Benefit Type: Voluntary Life Plan Name: Vol. Life/Dep. Life Policy/ Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2024 Base Commissions: Vol. Life/Dep Life Rate - 5.0% Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed Compensation: description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Mutual of Omaha Insurance Company Policy or Benefit Type: Short Term Disability (STD) Plan Name: Vol. STD Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2024 Base Commissions: Vol. STD Rate - 5.0% Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Mutual of Omaha Insurance Company Policy or Benefit Type: Long Term Disability (LTD) Plan Name: Vol. LTD Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2024 Base Commissions: Vol. LTD Rate - 180 day EP - 5.0% Vol. LTD Rate - 90 day EP - 5.0% Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Copyright 2022 Lockton Companies, LLC. All rights reserved. The contents of this document are proprietary and confidential. Unauthorized duplication of this document is prohibited. Rf� L�T�N 5 Fa�e73 of 15 Compensation Disclosure Compensation Disclosure — Attachment Sheet 4 of 5 Sheet(s) Lockton believes it is or may be entitled to receive the compensation listed below, from the insurance companies and/or other entities listed below, attributable to the insurance and/or administrative service contracts placed with those insurers and/or other entities on your behalf. Client Name: INDIAN RIVER COUNTY Insurer or TPA: Mutual of Omaha Insurance Company Policy or Benefit Type: Worksite Benefits Plan Name: Accident, Critical Illness Policy/ Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2024 Base Commissions: Rate - Net of commission Additional This insurer/TPA does have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Upon request, Lockton can provide you with a more detailed description of the manner in which the Additional Compensation that Lockton may receive under such program would be calculated. Client Name: INDIAN RIVER COUNTY Insurer or TPA: P&A Group, Inc. Policy or Benefit Type: FSA Admin Plan Name: FSAAdmin Policy / Contract Year: Effective Date 10/1/2021 to Expiration Date 9/30/2026 Base Commissions: $0.00 per Month Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: P&A Group, Inc. Policy or Benefit Type: COBRA Administration Plan Name: COBRA Administration Policy/ Contract Year: Effective Date 10/1/2021 to Expiration Date 9/30/2024 Base Commissions: $0.00 per Month Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). Client Name: INDIAN RIVER COUNTY Insurer or TPA: Lockton (TPA) Policy or Benefit Type: Fee for Service - Consulting/Project Plan Name: Consulting Fee Policy / Contract Year: Effective Date 10/1/2022 to Expiration Date 9/30/2027 Base Commissions: $22,500.00 per Quarter Additional This insurer/TPA does not have an Additional Compensation program in place that might apply to the placement of your Compensation: policy(ies) or administrative -services -only contract(s). G Copyright 2022 Lockton Companies, LLC. All rights reserved. The contents of this document are proprietary and confidential. Unauthorized duplication of this document is prohibited. 9n LOCKTOK �a?e14 of 15 Our Mission To be the worldwide value and service leader in insurance brokerage, risk management, employee benefits, and retirement services Our Goal To be the best place to do business and to work RISK MANAGEMENT I EMPLOYEE BENEFITS I RETIREMENT SERVICES www.lockton.com © 2022 Lockton, Inc. All rights reserved. 600 (2.da2, DEPARTMENTAL INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: August 31, 2022 SUBJECT: Approval of Optum Agreement for County's Stop Loss Poli BACKGROUND: The County is partially self-insured in its Group Health Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current stop loss policy is with Florida Blue Highmark (HM) and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $100,000. The current annual premium for this policy is $1,277,892. The monthly specific & aggregate premium is based on a per employee per month (PEPM) rate of $64.54 per 1,650 lives. The actual premium amount fluctuates based on monthly enrollment in the health plan. Each year, Lockton markets our stop loss policy to obtain the most competitive rates. We have received the 2022/23 firm quotes from Highmark, Optum, and Voya. Quotes were also received from Berkley, TM HCC but they were determined to be uncompetitive. Quoted - Quoted Quote Status Current Initial Renewal Neg. Renewal Quoted - Firm Quoted - Firm Uncompetitive Uncompetitive Coverage Included Med, RX Med, RX Med, RX Med, RX Med, RX Med, RX Med, KN Contract Basis 96/12 108/12 108/12 24/12 24/12 24/12 24/1 Enrollment' 1650 1650 1650 1650 1650 1650 165 Specific Deductible $300,000 $301000 $300,000 $300,000 $300,000 $300,00 Aggregating Specific Deductible $100,000 51t1i,,)i?ii $100,000 $1001000 $100,000 $100,000 $100,00 Aggregate Corridor 125% 125% 125% 125% 125% 125 Annual Interface Fee $0 $0 $19800 $19,800 $19,800 $19,80 FINANCIAL ASSESSMENT Total Fixed Cost** $1,277,892 $1,557,072 $1,445,004 $1,318,086 $1,328,580 $1,338,480 $1,411,10 Total Laser Liability $0 $0 $0 $0 $0 $0 $ Est. Total Aggregate Deductible $29,585,754 529,587,338 $29,581,596 $28,254,402 $29,S8S,7S4 $28,764,648 $29,470,52 Fixed Cost Change % 22 A 13% 3% 4% 5% 109' Fixed Cost Change $ 7`a', 180 $167,112 $40,194 $50,688 $60,588 $133,21 Max Liability $30,963,646 S?1144'IG $31,126,600 $29,672,488 $31,014,334 $30,203,128 $30,981,62 Max Liability Change $ 3', 7,_,4 $162,954 41,291,158 $50,688 -$760,518 $17,98 Max Liability Change % 1% -4% 0% -2% 09 2ND YEAR RENEWAL PROTECTION (NO NEW LASERS / RATE CAP) Renewal Protection Included Yes Yes Yes Yes Ye Rate Cap Maximum % 50% 50% 50% 55% 50/ •Enrollment is from the census received in April 2022 •'Includes both specific and aggregate premiums Lockton may receive certain incentive compensation including, without limitation, contingency payments, overrides, and bonuses, as a result of being Client's insurance broker (collectively, 'Additional Compensation). Client hereby consents and agrees to Lockton's ability to receive such Additional Compensation under all circumstances. 601 ANALYSIS: Our current stop loss provider, Highmark, provided an initial renewal quote of a 22% increase in fixed costs or an additional $279,180. Lockton negotiated a firm quote with a reduced increase in fixed costs of 13% or $167,112. Highmark also provided an option to increase our aggregating specific deductible from $100,000 to $200,000 which would reduce the overall increase fixed costs to a 5% increase or $68,112. While we have had a long standing relationship with Florida Blue and Highmark, the firm quote proposal received from Optum, retained our current individual and specific aggregating deductibles of $300,000 and $100,000 and has the lowest increase in fixed costs of 3% or $40,194. It also includes an overall maximum liability that is $1,291,158 lower than the maximum overall lability with Highmark due to a lower composite aggregate factor. The Optum proposal is a fixed cost saving of almost $127K over the comparable Highmark proposal. The total premium is $65.57 per employee per month per 1,650 lives for an estimated annual premium of $1,318,086 to include a $19,800 interface fee. This represents a 3% increase in costs. As a result of this analysis, Lockton is recommending the County consider a change to Optum for a fixed cost savings of almost $127K and lower composite aggregate factor which reduces our overall maximum liability by $1.3M. Staff is in agreement with this recommendation. This recommended change would involve creating an interface between Florida Blue and Optum at a cost of $19.8K annually which is included in the savings analysis. The change would also involve additional administrative tasks related to confirming high cost claimants. The administrative impact is minimal. 602 Current HM Rinev�al Option 1 ion OptCw,i.r INDMDUALSPEORC STOP LOSSCOVERACsE HM HM Individual Spedfic Deductible 5300,000 $300,000 $300.000 $300,000 Aggregating Specific Deductible 5100.000 $700,000 $200,000 5100,000 Contract 96/L2 108/12 1D8/12 24/12 Coverage Med. RX Med, RX Med, RX Med, RX Y of Lives 1,650 1,650 1,650 1,650 FD(EO COST Composite Specific Rate $6251 $70AS $65.65 $6251 Total Interface Fee $0 $0 SO $19,800 Total Specific Cost' • Interface Fee $1237,6" $1,398,870 $1299,870 $1,257,498 Commission 0% 0% 0% 0% stop Loss Administrative Fee (No Rate Impact) 5% S% 5% 5% AGGREGATESTOP LOSS COVERAGE Maximum Reimbursement 51,000.000 $1.000000 $1,000,000 $1,000,000 Margin 125%125% 125% 125% Contract 96412 108!12 108/12 24/12 Coverage Med, RX Med RX Med, RX Med, RX Composite Aggregate Rate $2-03 $233 $2.33 $3.06 Total Aggregate Premium $40,194 $46,134 $46,134 $60,588 Composite Aggregate Factor 51,49423 $1,494.02 $1;$94.02 $1,426.99 Est Total Aggregate Deductible $29,585,754 LASER LIABILITY $29581,596 $29,581,596 $28,254,402 Total Laser Liability f0 $0 $0 f0 TOTAL COMBINED COVERAGE Total Fixed Cost 51.277,892 $1,445.004 $1,346,004 $1,3118,08i Max Overall Liability $30,963,616 $31,126,600 $31,127,600 $29,672,488 CHANGE FROM PRIOR YEAR f Fixed Cost Change $167,112 $68,112 $40,194 % Fixed Cost Change 13% 5% 3% $ Max Overall liability Change $162,954 $163,954 -$1,291,158 % Max Overall Liability Change 1 % 1% -4% NO NEW LASER RATE CAP COVERAGE 2D23 Rate Cap SO% 50% 50% 50% Max 2 Year Fixed Cost $3,612510 $3,365,010 $3,285,315 Simulated Average Number of Claims 45 4.5 4.5 Simulated Average Reimbursements 5932549 5840.626 S932S49 Value to Change Current Deductible/Cartier (negative is savings) SO -57,077 -5126,918 As a result of this analysis, Lockton is recommending the County consider a change to Optum for a fixed cost savings of almost $127K and lower composite aggregate factor which reduces our overall maximum liability by $1.3M. Staff is in agreement with this recommendation. This recommended change would involve creating an interface between Florida Blue and Optum at a cost of $19.8K annually which is included in the savings analysis. The change would also involve additional administrative tasks related to confirming high cost claimants. The administrative impact is minimal. 602 SAVINGS FROM LOCKTON COMPLEX CLAIMS SPECIALTY PRACTICE CLINICAL REVIEW As part of the stop loss analysis, Lockton's Complex Claims Specialty Practice performed a clinical review of a high -dollar inpatient stay from a member who was participating in COBRA. The review uncovered that the member's COBRA had expired 12/31/2021 and the member had transitioned to an individual policy with Florida Blue. Lockton identified that all claims occurring after 12/31/2021 were not attributable to the County's plan and as a result $224,845 was returned to the plan. FUNDING Funding for the annual stop loss insurance premiums for Fiscal Year 2022/2023 of $1,318,086 is budgeted and available in the Employee Health/Health Insurance/Stop Loss Fees account, number 50412719-034589. Account Name I Account Number Amount Employee Health/Health Insurance/Stop Loss Fees 1 50412719-034589 $1,318,086 RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the recommendation to select Optum as our stop loss carrier for the 2022/2023 plan year and authorize the Chairman to execute the application after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS: Optum Stop Loss Policy Application 603 UNIMERICA INSURANCE COMPANY A Stock Company Administrative Offices: 11000 Optum Circle, Eden Prairie, MN 55344 Phone: 1-800454-0233 APPLICATION FOR EXCESS LOSS INSURANCE The undersigned Applicant requests the Excess Loss Insurance Benefits shown herein and provided by Unimerica Insurance Company, and agrees to be bound by the terms and provisions of the Excess Loss Insurance Policy. Full Legal Name of Applicant: Indian River County Board of County Commissioners Address: 1800 271 Street, Vero Beach, FL 32960 Key Contact: Telephone: Tax ID: Applicant is a: ❑ Corporation ❑ Labor Union ❑ Partnership ❑ Association ❑ Proprietorship ❑ Other: _ Nature of Business of the Group to be Insured: Requested Effective Date: October 1, 2022 Total number of eligible persons: Employees: Retirees: Are retirees covered: ® Yes ❑ No. Affiliates or Subsidiaries: Addresses of Affiliates or Subsidiaries: Full Name of Administrator: Blue Cross and Blue Shield of Florida Pharmacy Benefit Manager: RxBenefits, Inc. / ESI Address: 4800 Deerwood Campus Parkway, Jacksonville, FL 32246 Key Contact: Telephone: Agent or Broker: Tax ID: Address: SPECIFIC EXCESS LOSS INSURANCE ® Yes ❑ No Benefit Period: Covered Expenses Incurred from October 1, 2021 through September 30, 2023 and Paid from October 1, 2022 through September 30, 2023. Specific Deductible: per Covered Person: $300,000 Specific Percentage Reimbursable: 100% Maximum Specific Benefit per Covered Person: ® Unlimited ❑ Other Covered Expenses under Specific Excess Loss: ® Medical ® Stand Alone Prescription Drug Program Common Accident Provision: ® Yes ❑ No Description: Specific Premium Rates per month Composite $ 62.51 Specific Accommodation Reimbursement Endorsement [-]Yes ® No Specific Step -Down Deductible Endorsement ❑ Yes ® No Specific Terminal Liability Endorsement ❑ Yes ® No Aggregating Specific Deductible Endorsement ® Yes ❑ No $100,000 Independent Review Organization Extended Liability Endorsement ® Yes [:]No UMERAPP (01/12) 604 AGGREGATE EXCESS LOSS INSURANCE: ® YES ❑ NO Benefit Period: Covered Expenses Incurred from October 1, 2021 through September 30, 2023, and Paid from October 1, 2022 through September 30, 2023. Covered Expenses under Aggregate Excess Loss Coverage: ® Medical ❑ Dental ❑ Vision ® Stand Alone Prescription Drug Program ❑ Other (Please Specify) Aggregate Percentage Reimbursable: 100% Maximum Aggregate Benefit: ❑ $500,000 ® $1,000,000 ❑ Other Minimum Annual Aggregate Deductible: $26,841,688 or 95% of the first Monthly Aggregate Deductible amount times 12, whichever is greater. Maximum Covered Expenses per Covered Person accumulating toward the Maximum Aggregate Benefit: $300,000 Aggregate Excess Loss Premium: $ 3.06 per Employee per month Aggregate Terminal Liability Endorsement: ❑ Yes ® No Aggregate Accommodation Endorsement: ❑ Yes ® No Independent Review Organization Extended Liability Endorsement ® Yes ❑ No Monthly Aggregate Factors: Covered Persons Medical Prescri tion Drugs Composite $ 1,426.99 1 Included It is understood and agreed by the undersigned that: 1. The statements, declarations and representations made in this Application, any request for proposal, the underwriting information provided by or on behalf of the undersigned and the Plan Document are the undersigned's representations; that any Policy is issued in reliance upon the truth of such statements, declarations, and representations; and that such statements, declarations, and representations will form a part of the Excess Loss Insurance Policy. Any inaccuracy in such information or failure to disclose any such information, including all claims or possible claims, paid or pending, or which the Employer should otherwise know about, if discovered later, can result in rejection of this Application, or can change the terms, conditions or premiums, or can void coverage. 2. As a condition precedent to the approval of this Application, the undersigned shall furnish to the Company a copy of the executed Plan Document within 90 days after the date of this application describing the benefits provided by the Plan, which shall be kept on file in the office of the Company. If the Company does not receive the Plan Document within 90 days, the Company may refund all premium and the Application shall have been null and void when signed. No Excess Loss Insurance will be effective nor reimbursement made unless a Plan Document is received and accepted by the Company. 3. The Company will evaluate the undersigned's risk, as requested by this application, the underwriting data received and represented by the Plan and may require adjustments of rates, factors, and/or special limitations. 4. Any coverage resulting from this Application shall be subject to the terms and provisions of the Policy herein applied for. Coverage shall become effective on the date specified in this Application if all requirements of the Company, including the Plan Document and the underwriting requirements have been met and the required premiums paid. 5. The receipt by the Company of the first month's premium and deposit of any check drawn in connection with this Application shall not constitute an acceptance of liability. In the event the Company does not approve this application, its sole obligation shall be to refund such sum to the undersigned. 6. The undersigned will provide or employ an Administrator to administer the Plan and to process and pay claims according to the Plan Document. The undersigned acknowledges that the Administrator is the undersigned's agent and not the agent of the Company and that statements and answers given by the Administrator are binding on the undersigned. 7. Other: Rate Cap provision is included that will guarantee your Subsequent Policy Period beginning October 1, 2023 will not contain any new Specific Deductible greater than the group's standard Specific Deductible for any covered person. In addition, the Specific Monthly Premium Rate and Aggregating Specific Deductible (if applicable) will not increase more than 50%. The Rate Cap will not apply if the Company determines there is a material change to the Policyholder's Plan, the Excess Loss Insurance Policy, or the composition of the group. Continuation of the Rate Cap will be assessed annually. UMERAPP (01/12) 605 The undersigned has read the entire Application for Excess Loss Insurance and understands that the insurance requested herein is not in effect until this Application is approved and accepted by the Company. Full Legal Name of Applicant: Signature of Authorized Person: Print Date: Signature of Agent or Broker: Print Name of Agent or Broker: FRAUD WARNING NOTICES: (Please review notice that applies in your state) For applicants in Arkansas, Louisiana, New Mexico and Rhode Island: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance, is guilty of a crime and may be subject to fines and confinement in prison. For applicants in Colorado: It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds, shall be reported to the Colorado division of insurance within the Department of Regulatory Agencies. For applicants in District of Columbia: WARNING: It is a crime to provide false or misleading information to an insurer for purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the application. For applicants in Florida: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. For applicants in Kentucky, New Mexico, Ohio, and Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. For applicants in Maine, Tennessee and Virginia: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or a denial of insurance benefits. For applicants in New Jersey: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. For applicants in all other states: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or a denial of insurance benefits. UMERAPP (01 / 12) 606 12. F�, I. DEPARTMENTAL ITEM Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: August 23, 2022 From: Kristin Daniels Director, Office of Management & Budget Subject: 211's Request to be Categorized as a Quasi -Nonprofit Agency Background During the Fiscal Year 2022/23 (FY 22/23) Budget Workshop held on July 13th, 2022, a request was made by 211, which is currently classified as a nonprofit agency, to be reclassified to a quasi -nonprofit agency. 211 also requested that the Board consider funding their FY 22/23 full request of $18,500, which is an increase of $6,690 over their recommended funding of $11,810 for the upcoming fiscal year. This request is intended to fund the newly implemented 988 Suicide and Crisis Lifeline, as well as additional 211 expenses allocated to service Indian River County residents. According to the County's Outside Agency Funding Policy, funding increases for nonprofit agencies are to be capped at the annual rate of inflation each fiscal year. For FY 22/23, the rate of inflation for April 2022 was 8.8%, which is the increase that was recommended for agencies the County classifies as nonprofit. Quasi -nonprofit agencies are defined by the Outside Agency Funding Policy as the following: "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." Quasi -nonprofit agencies' funding is not capped by the annual rate of inflation. After hearing 211's request to be reclassified, the Board directed Staff to research the issue. Analysis On August 10, 2022, Staff met with 211 to discuss the reclassification request, and qualifications for becoming a designated quasi -nonprofit. Subsequently on August 19th, Staff received an email from 211 stating that the 988 Suicide and Crisis Lifeline services are not a mandated expenditure. Because Indian River County is not required by law, legislation, or the County's Comprehensive Plan to provide this service, Staff is recommending that 211 remain classified as a non-profit agency. Furthermore, 211 will continue to be subjected to the annual funding increases capped at the rate of inflation, which is what the FY 22/23 recommended budget contains. Recommendation Staff recommends that the Board of County Commissioners continue funding 211 as a nonprofit agency. Attachment Outside Agency Funding Policy Email dated August 19, 2022 from Kathy Cambron — 211 Board Member 607 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. 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 68&e 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. 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. 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. 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 68We 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. 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. 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. 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 (1@ge3 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 agencywill 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 6fIge4 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. 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 111 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 Me 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 #4e 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 6i_%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 for the 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 6r*e7 OUTSIDE AGENCY FUNDING POLICY 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 15t in order to be considered for funding in the upcoming budget. 3. 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) b. 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 & 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 #2 Approved 5/16/2017 Revision #3 Approved 3/15/2022 Revision #4 Approved 8/16/2022 6f!Fge 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. 2. 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 61&e9 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 (10b 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 e Kristin Daniels From: Jason Brown Sent: Friday, August 19, 2022 4:52 PM To: 'Kelly Cambron' Cc: Sharon L'Herrou; Kristin Daniels Subject: RE: 211 meeting last week Kelly, Thank you for following up on this item. We plan to bring this back to the Board of County Commissioners, likely on September 13th, with a recommendation on the quasi nonprofit issue and any funding impacts that would have. I appreciate the time that you have invested in this as well. If you would like to discuss this further, please let me know. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, FL 32960 772-226-1408 Ibrown@ircgov.com From: Kelly Cambron <kelly@cambronlawoffices.com> Sent: Friday, August 19, 2022 9:37 AM To: Jason Brown <jbrown@ircgov.com> Cc: Sharon L'Herrou <sharon@211pbtc.org> Subject: 211 meeting last week CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Dear Jason and team, Thank you so much for providing me the time to meet with you on 8/10/22. 1 know your time is important and I do appreciate it. After a thorough search I must admit that I stand corrected. I was not able to find a mandate to provide 988 services despite what I presented to you. While it is disappointing, I must reiterate that 211 provides a vital and critical community and crisis response service. If 211 were not providing these services we believe that the obligation would fall to County government or the Sheriff's office. For this reason we continue to maintain our request for increased funding. We do appreciate Indian River County's ongoing support of our essential services and we hope that we can continue to count on your support and advocacy. Thank you for your time and your consideration. Best, Kelly A Cambron 619 Kelly A Cambron, Esq. Law Offices of Kelly A Cambron, PA 3375 20th Street, Suite 130 Vero Beach, FL 32960 Phone: 772-696-6012 Facsimile: 772.205-3259 620 [2-H, 1. Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 31, 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: Water Quality Study and Potable Water Treatment Facility Evaluation Background: The Indian River County Department of Utility Services (IRCDUS) previously contracted with Kimley-Horn and Associates (KHA) to perform a water quality analysis, which was completed in September 2021. Data from the report is often referred to when addressing customers' complaints related to the deterioration of plumbing pipes at their residences. Although the information is helpful when addressing such concerns, the department feels as though having another water quality study performed by a consultant other than KHA, who is currently performing work at both of our water treatment facilities, would be beneficial in alleviating the concerns of customers as to the corrosivity of the finished water and its relation to the plumbing deficiencies noted by the customers. Analysis: The County operates two water treatment facilities to provide potable water service to its customers. IRCDUS desires to utilize Tetra Tech, Inc., via their Continuing Consulting Engineering Services Agreement for Professional Services entered into as of April 17, 2018, and extended on May 7, 2021, to provide professional engineering services to complete an additional water quality study. The proposed study is intended to focus on finished water quality as it leaves the treatment facilities, and water quality within the distribution system and how it may affect the metallic components of the customers' plumbing systems. In addition, the study will evaluate the operation of the existing treatment facilities in terms of efficiency and operation in accordance with industry standards and applicable regulations Funding: Funds in the amount of $84,003.00 for this study are available in the Utilities/General & Engineering/Other Professional Services account, number 47123536-033190 in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/General & Engineering/Other Professional Services 47123536-033190 $84,003.00 Recommendation: Staff recommends that the Board of County Commissioners authorize Work Order Number 9 to Tetra Tech, Inc., to complete the study for the amount of $84,003.00, and authorize the Chairman to sign on their behalf. Attachment: 1. Work Order No. 9 Tetra Tech, Inc. 621 Page 1 of 1 WORK ORDER 9 Water Quality Study and Potable Water Treatment Facility Evaluation This Work Order Number 9 is entered into as of this _ day of , 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 Tetra Tech, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Brenda Keenan P.E. Title: Sr. Proiect Manager 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 622 ATTACHMENT A INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICE WATER QUALITY STUDY AND POTABLE WATER TREATMENT FACILITY EVALUATION SCOPE OF SERVICES I. BACKGROUND The County operates two water treatment facilities to provide potable water service to its customers. The two plants have a combined capacity of 25.7 MGD and an average daily flow of approximately 12 MGD. The plants obtain raw water from the upper Floridan aquifer and treat it with nanofiltration. Pretreatment for the membranes includes addition of sulfuric acid and a scale inhibitor. The permeate is blended with raw water and chlorine is added for disinfection, fluoride is added for fluoridation and lime, carbon dioxide and sodium hydroxide are added for remineralization, pH and alkalinity control and calcium carbonate stability. The proposed study is intended to focus on finished water quality as it leaves the treatment facilities and water quality within the distribution system and how it may affect the metallic components of the customers plumbing systems. The study will also evaluate the operation of the existing treatment facilities in terms of efficiency and operation in accordance with industry standards and applicable regulations. Recommendations for modifications to the operations or water treatment processes to improve their efficiency, finished water quality or reduce corrosivity will be included in the final report. The professional services described herein will be performed in accordance with the Continuing Contract Agreement for Engineering Services, dated April 17, 2018, Amendment 1 between Indian River County and Tetra Tech, Inc. II. SCOPE OF WORK Task 1— Preliminary Work Tasks 1. Tetra Tech will arrange for and attend a project kickoff meeting to introduce team members, establish lines of communication, discuss project objectives and expectations and review data availability and collection. Tetra Tech will prepare and distribute minutes to all participants within a week of the meeting. 2. Tetra Tech will develop an initial data request of documents and information required to perform the study and evaluation. The data request will be prepared in preparation for the kickoff meeting so that it can be reviewed at the meeting. 3. Tetra Tech will set up a time and date to tour each of the two treatment facilities to familiarize themselves with the processes and operations of both facilities. It is anticipated that these tours will take place after a substantial portion of the requested data has been received so that questions about the data can be answered during the tour. BK/sl/IRCDUS Evaluation O TETRATEGH Tt # 200BP Toho 1- 08/31/22 623 4. Tetra Tech will receive, list, and organize all the data received from the County for use in the study and evaluation. Task 2 — Process and Finished Water QualitV Evaluation 1. Using the water quality and operating data provided by the County, Tetra Tech will perform membrane projection, chemical addition and blending calculations for the existing treatment plants so that changes in operations can be simulated to determine the effect of operational changes. The calculations will be used to understand how key water quality parameters are changed in each step of the process and how changes to the existing operation will change the finished water quality. 2. Values for various corrosion and stability indices will be calculated for the permeate, blended water, finished water and a combination of varying percentages of finished water from each of the two treatment facilities blended to simulate water quality in the distribution system. It is anticipated that the following indices will be calculated: • Langelier Index • Calcium Carbonate Precipitation Potential • Larson Index • Chloride to Sulfate Mass Ratio • Ryznarindex The calculations will be performed using custom spreadsheet tools and the AWWA Tetra Tech (RTW) Model for Water Process & Corrosion Chemistry, Version 2.0. The significance of each index as it relates to corrosion of various metals will be discussed and ways to modify the finished water quality to make it less corrosive will also be discussed. The key water quality parameters and corrosion indices will be summarized in tabular form and graphically as appropriate to compare water quality from the two treatment facilities and how it might change as they are mixed in the distribution system. 3. The water quality will be compared to the recommendations in the USEPA "Optimal Corrosion Control Treatment Evaluation Technical Recommendations for Primacy Agencies and Public Water Systems", March 2016 to determine if the existing water quality is consistent with the recommendations for optimum corrosion control forthis system. If the recommendations are not consistent with the current operations, changes to achieve optimum corrosion control will be described. Overall recommendations for adjustments to the operation and finished water quality based upon work performed under this task will be summarized. BLK/sl/IRCDUS Evaluation Tt # 200BP Toho -2- 08/31/22 R-% TETRATECH 624 Task 3 — Distribution System Water Quality 1. Tetra Tech will obtain and compile water quality information from the distribution system provided by the County. The distribution water quality will be compared to the finished water quality from the two treatment facilities to see if it is consistent with the quality at the point of entry or undergoes changes in the distribution system. 2. Customer comments received by the County and furnished to Tetra Tech will be separated by type, e.g., brown water, chlorine taste, scaling, pinhole leaks, etc. The customer comments by type will be graphed versus time to determine if there is any seasonal pattern or if an increase in customer comments occurs at a particular point in time that can be correlated to a specific event such as a main break or change in plant operation. 3. Customer comments, lead and copper sampling results and other distribution water quality sampling results will be entered into GIS. Maps will be created from the information input to identify areas with increase customer comments, higher lead or copper concentrations and/or with varying water quality. 4. Tetra Tech will review recent published distribution water quality and corrosion control information and studies for similar water quality and impact upon premise plumbing systems and summarize the findings and recommendations of those studies as they relate to the County's system. 5. Tetra Tech will summarize findings and conclusions based upon the review of the distribution water quality evaluation conducted under this task. Recommendations will be provided for modifications to the treatment process, finished water quality or operations, as appropriate, to improve water quality within the distribution system and minimize the impact upon premise plumbing systems Task 4— Proiect Updates 1. Tetra Tech will schedule and conduct a monthly meeting with the County staff to discuss issues related to the study, make the County aware of any issues that require attention on an expedited basis and discuss the progress of the work. Tetra Tech will prepare and provide to all participants minutes of the meetings including any significant items discussed, decisions made, direction given, items agreed upon and action items. Task 5 — Summary Report 1. The work performed under the proceeding tasks will be summarized in a draft report and provided to the County for review and comment. Tetra Tech will meet with the County to discuss the report and receive any comments or questions about the analysis and recommendations. A final report will be prepared and furnished to the County to respond to any comments or questions raised on the draft report. BLK/sl/IRCDUS Evaluation Tt # 200BP Toho 3 08/31/22 OTETRATECH 625 III. PROVIDED BY COUNTY Information including, but not limited to the following, to be provided by the County to facilitate performing the scope of services: • Monthly operating reports • Finished water quality goals • Chemical usage and dosages • Historical raw, permeate, blended and finished water quality • Membrane skid array, number of vessels, membranes per vessel, membrane manufacturer and type, design flux, age, and first stage permeate backpressure or energy recovery device information, if applicable • Detailed process schematic for each of the water treatment plants • Distribution water quality sampling data • Lead and copper sampling data • Historical customers comments received IV. COMPENSATION SUMMARY Attachment B presents a more detailed breakdown of the estimated compensation defined in the Scope of Services. The total lump sum compensation for this proposal is $84,003. The County will be invoiced monthly for charges incurred during the previous month and submit the invoice to the Water Wastewater Operations Manager by the 15th of the following month. Scope Task 1— Preliminary Work Tasks $8,561 Task 2 — Process and Finished Water Quality Evaluation 12,981 Task 3 — Distribution System Water Quality 32,056 Task 4—Project Updates 7,089 Task 5 — Summary Report 23,316 Total $84,003 BLK/sl/IRCDUS Evaluation Tt # 200BP Toho -4- 08/31/22 OTETRATECH 626 V. SCHEDULE Task Days 40 Task 1— Preliminary Work Tasks Task 2 — Process and Finished Water Quality Evaluation 30 Task 3 — Distribution System Water Quality 45 Task 4—Project Updates Ongoing Task 5— Summary Report 25 Total 140 BLK/sl/IRCDUS Evaluation Tt # 200BP Toho -s- OTETRATEGH 08/31/22 627 m = H M U)M ren ^ W N N W N N urvf M UNf b N N N V^f O ut 01 w U) ti 0, b N O ao N M ni n N N N v a 1p O ~ p^ U N M n rt M' LUi O W ~ m N V a 00 U (0 a F- i F~- u Ln w Q � OO N N ry Ln N O N Q) _^ >. 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D 'O 9 C 7 'Q \ m c a mN o ♦ V C J Vdl O O OE _ G w o a o :° o o `0 EA c f% v 2 w aJ w m li c F� �c m$ `w v c a u 3 0 o `o v `o �, o w a `o w e L e a c� w 3 N E m m w w 'm m O d fi ^' f.r ct 3 3 w m c w E 0 v *' w w o O E «. E E > E d O O ;! E° E ;% a O E b O O i ` o H U a w 1 m U o U O o U o U c K m 0 a Q d = d Q v d 5 y N U d a4 N M U'f „7 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney County Attorney's Matters - B. CC 9.13.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 23, 2022 ATTORNEY SUBJECT: Commercial PACE Program — 5380 US Highway 1— Florida Green Finance Authority BACKGROUND. On August 16, 2022, the Indian River County Board of County Commissioners (the "Board") voted 3 -1 to direct staff to move forward with drafting a resolution for the Commercial PACE program for the property located at 5380 US Highway 1 with a provision of notice and consent to the lender. This property will be using the Florida Green Finance Authority. To effectuate the transaction, the County Attorney's Office is presenting both the resolution and the Florida Green Finance Authority Interlocal Agreement for approval. The PACE local governmental entity is responsible for providing financing for the PACE program. Capital entities provide capital for the PACE program. By statute, the assessments and debt secured by the assessments are issued by the PACE local governmental entity and these obligations cannot encumber the participating local governments. The PACE local governmental entity and the program administrator incorporate all government -imposed (such as Tax Collector) administrative fees into the financing and get paid at closing. The financing is provided to the contractor to perform the work on the property. The contractor will be certified by one of the participating PACE local governmental entities. As part of the PACE program, the PACE local governmental entity will be paid back through the annual assessments levied by the Tax Collector on the non -ad valorem assessment and ad valorem tax rolls. As part of this process, the PACE local governmental entity, its program administrator or a hired tax administrator will prepare the assessment roll and interface with the Tax Collector, and if required the Property Appraiser, with respect to the annual assessment. FUNDING. There is no funding associated with this matter. The fees for the recording of any documents will be borne by the requestor or the Florida Green Finance Authority. C:IGmnic UxgUlarN5lTeiT�c93dd1f9385-4cl9-994ad08edfl374ajdo 629 Board of County Commissioners August 23, 2022 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Board approve the resolution and the Florida Green Finance Authority Interlocal Agreement and authorize the chair to execute these documents and any other documents necessary to effectuate the transaction. ATTACHMENTS. Commercial PACE Program Resolution Interlocal Agreement Between County and the Florida Green Finance Authority C:1Gra,icu iLegit,,515ITempk93dc3*9385-4c19-994x-308edJ0374af.dacz 630 RESOLUTION 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, (THE "COUNTY") PERMITTING THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY ("C -PACE") PROGRAM WITHIN THE COUNTY FOR SPECIFIC PROPERTY REFERENCED BY 5380 US HIGHWAY 1, CERTUS AT VERO BEACH; APPROVING AN AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY; AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR, SCRIVENER'S ERRORS, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes counties, municipalities and certain separate local government entities to establish and administer financing programs (sometimes referred to as "PACE" or "PACE financing") pursuant to which owners of real property may obtain funding for energy conservation and efficiency, renewable energy and wind resistance improvements (as referred to therein, the "Qualifying Improvements"), and repay such funding through voluntary special assessments, sometimes referred to as non -ad valorem assessments ("Special Assessments"), levied upon the improved property pursuant to financing agreements between the property owner thereof and a local government (the "Financing Agreements"); and WHEREAS, the Florida Green Finance Authority (the "Authority"), a legal entity and unit of local government within the State of Florida, which was established by a separate interlocal agreement for the express purpose of providing a scalable platform to facilitate the financing of Qualifying Improvements throughout Florida; and WHEREAS, pursuant to the Supplemental Act or as otherwise provided by law, local governments may enter into agreements with other local governments for the purpose of providing and financing Qualifying Improvements; and WHEREAS, the County has expressed its desire to authorize C -PACE financing to the commercial properties located at 5380 US Highway 1, Vero Beach, FL 32967; Parcel Number 32391400005000000005.0; and 631 WHEREAS, the installation of Qualifying Improvements to commercial properties may increase energy efficiency and improve the wind resistance of existing structures within the County, thereby increasing resiliency against inclement weather events and contributing to the local economy by cost savings to property owners, enhancing property values and increasing job opportunities; and WHEREAS, existing financing options may be insufficient for commercial property owners to access cost-effective financing for energy-saving or wind - resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the Authority has created a solution for the financing, levy and collection process to implement a Commercial -Only Property Assessed Clean Energy program, without cost to or assumption of liability by, or demand upon the credit of the County; and WHEREAS, the County recognizes that initiation of its own program requires a commitment of significant time, staffing and monetary resources derived from all taxpayers. However, as an alternative or supplement to any other program or approach chosen by the County, the Countycan concurrently authorize and approve a non-exclusive arrangement with the Authority to make funding for Qualified Improvements immediately available to support commercial property owners, NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The forgoing recitals are incorporated in this Resolution as if fully set forth herein and are approved and adopted. The Board of County Commissioners has complied with all requirements and procedures of Florida law in processing and noticing this Resolution. SECTION 2. FINANCING OF PROJECT AUTHORIZED. The County Commission hereby authorizes the PACE financing of commercial property, located within the legal limits of County boundaries, specifically referenced at 5380 US Highway 1, Vero Beach, FL 32967; Parcel Number 32391400005000000005.0. Page 2 of 10 632 SECTION 3. LENDER NOTIFICATION AND CONSENT (1) Notification. At least thirty (30) days before entering into a C -PACE Financing Agreement, the Florida Green Finance Authority shall verify that the Eligible Participant has provided written notice for the specific property located at 5380 US Highway 1, Certus at Vero Beach of the intent to enter into a C -PACE Financing Agreement to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the Commercial Property. With Certus at Vero Beach's approval, the Florida Green Finance Authority may provide this notification on behalf of an Eligible Participant. The notice must comply with and, at a minimum, satisfy the requirements of the PACE Act including, but not limited to, the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount. A verified copy or other proof of such notice must be provided to and maintained by the Florida Green Finance Authority Government. (2) Consent. Prior to entering into a C -PACE Financing Agreement with Certus at Vero Beach, the Florida Green Finance Authority shall verify that holders or loan servicers of any mortgage or lien encumbering or otherwise secured by the property have signed written consents consenting to the C -PACE Assessment considered for the Certus at Vero Beach property pursuant to the C -PACE Financing Agreement. A verified copy or other proof of such consent must be provided to and maintained by the Florida Green Finance Authority. SECTION 4. APPROVAL OF AGREEMENT; AUTHORIZATION TO EXECUTE. The Board of County Commissioners approves the Florida Green Finance Authority Interlocal Agreement attached hereto and incorporated herein as Exhibit "A" and authorizes the Chair to execute the aforementioned C -PACE agreement. SECTION 5. SCRIVENERS ERRORS. Typographical errors and other matters of a similar nature that do not affect the intent of this Resolution, as determined by the County Attorney, may be corrected. SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 7. SEVERABILITY. If any section, sentence, clause or phrase of this resolution is held to be invalid or unconstitutional by any court of competent Page 3 of 10 633 jurisdiction, then said holding shall in no way affect the validity of the remaining portion of the resolution. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the Board of County Commissioners of Indian River County. This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman 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 September, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Approved by BCC: ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Approved: By: Jason E. Brown, County Administrator Page 4 of 10 634 EXHIBIT "A" Limited Purpose Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, first amended on August 11, 2014 and second amended on April 7, 2016 with document execution May 9, 2016, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind -resistance improvements, and to provide additional services consistent with law; and WHEREAS, Indian River County desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for properties located within the Charlotte County. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 and as amended on August 11, 2014 and April 7, 2016 with document execution May 9, 2016 (the "Interlocal Agreement"), for the purpose of facilitating the financing of qualifying improvements for properties located within the Authority's jurisdiction via the levy and collection of voluntary non -ad valorem assessments on improved property, is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement, to include Indian River County. 2. The Florida Green Finance Authority, together with its member Parties, and the Indian River County, with the intent to be bound thereto, hereby agree that the Indian River County shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the Indian River County, as the same may be more specifically designated by the Indian River County or amended from time to time. 4. Indian River County designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: Page 5 of 10 635 Indian River County: Attn: County Administrator County Administrator's Office 1801 27th Street Vero Beach, FL. 32960-3365 With a copy to: County Attorney 1801 27th Street Vero Beach, FL. 32960-3365 5. This Party Membership Agreement shall be recorded by the Authority with the Clerk of the Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement and recorded in the public records of Indian River County, in accordance with Section 163.01 (11), Florida Statutes. 6. Termination of this Agreement may occur with 30 days' written notice, and at the end of the 30 -day period, this Agreement shall be automatically terminated and the Authority will not accept any new applications. Any projects related to applications received before the end of the 30 -day period shall be permitted to be completed. 7. All capitalized terms used but not defined herein shall have the respective meanings prescribed to them in the Interlocal Agreement. If there is a conflict between the terms of this Party Membership Agreement and the Interlocal Agreement, the terms of this Party Membership Agreement shall govern. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes Secretary of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Approved by BCC: Page 6 of 10 636 ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Approved: By: Jason E. Brown County Administrator Page 7 of 10 637 EXHIBIT B Legal Description & Map Page 8 of 10 638 k5-3 PROJECT SITE r . (ZDx>iN14: CG�.1 }. d. ILAN70 G'ii & Qr) 't* 14 ZONEDItM-6 LAND USE Ed.1 2UNINQ I—L 3RD STv- LAND l," ' t r� 2:3-32-390 KOT T9 SCAtE ZODVOO ca, WATION Iff tI 1 LAND USM Cfl LEGAL DESCRIPTION BEINC A PORTION OF PARCEL 'A', LOT 3. AND TRACT 1 OF THE LANDINGS, A COWMERCIAL SU901Y1SICN AS RECORDED IN PLAT BOOK 24. PAi;E 38, PUBUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSz THAT PART OF THE SCUTHWEST CNE-OUARTER OF SECTION 14, TC*N. SHIP 32 SOUTHw RANGE 39 EAST, LYING SOUTH OF THE SOUTH RICHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT'S NORTH RELIEF CANAL, EAST OF THE EAST RICHT-OF-WAY UPC OF U.S. HIGHWAY NO, F / STATE ROAD NO, 5. AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF 53RD STREET / KMIGSBERRY ROAD BEING MORE PARTICk&ARLY DESCRB€D AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32 SOUTH, RANCE 39 EAST, RUN NORTH W49'12' EAST ALONG THE EAST UNE OF SAID SCUTH'NEST'CAJARTER, A DISTANCE OF MOO FEET TO THE CLO NORTH RIGHT-OF-WAY LINE OF 53RD STREET (KINGSBERRY ROAD), AS INDICATED IN OFFICIAL RECORDS BOOK 774, PAGE 69 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUIN- THE FOLLOWING THREE COURSES ALONG SAID OLD NORTH RICHT-OF-WAY UNE OF 53RD STREET / KING'SBERRY ROAD: NORTH 89'56'56' WEST, A DISTANCE OF 894.65 FEET; NORTH 00'49'12' EAST, A DISTANCE OF 10.00 FEET; NORTH 8316'56" 'WEST. A DISTANCE OF aO3.5D FEET TO A PONT ON CUFM; THENCE RUN NORTHWESTERLY ALONG THE OUR%E CC"CAVE TO THE NORTHEAST HAVING A RADIUS OF 16328,86 FEET, A CENTRAL ANGLE OF 0010'W, SUBTENDED BY A CHORD 8EARING OF NORTH 16'10'16' WEST, A CHORD DISTANKE OF 52,08 FEET AND AN ARC LENGTH OF 52.08 FEET TO THE PRESENT NORTH BAHT OF WAY LINE OF AFORESAID 53RD STREET / KING -DERRY ROAD A14D POINT OF BEGINNING.. FROM THE POINT OF BEGINNING RUN NORTH 88'56'56' WEST ALONG SAID NORTH kCmT-OF-wAY LIME OF .33RD STREET / KINCSBBRRY ROAD. SAID AnCHT OF WAY UNE BEING 120.00 FEET NORTH OF, NCRMAL TO AND PARALLEL WITH THE SOUTH LINE OF AFORESAID SECTION 14, A DISTANCE OF 33140 FEET. THENCE RUN NORTH 21'4W28'EAST ALONG THE EASTERLY BOUNDARY UNE 4R" LUT 1 OF THE LANDINGS, A COMMERCIAL SUBDIMSION AS RECORDED IN PLAT BOOK 24, PACE 38 4A THE PUBLIC RECORDS OF IMAN RIVER COUNTY, FLORIDA, A DISTANCE OF 48.46 FLEET; THENCE " NORTH 1434'38' WEST ALONG SAO EASTERLY EOUNDAR'Y LINE OF LCT 1 AND LOT 2, ALSO WING THE WESTERLY BOUNDARY LINE OF TRACT 1 Or SAID PLAT OF THE LANOINOS, A COMMERCIAL 5r<1KNiSlON. A DISTANCE OF 50&.34 FEET TO A POINT OF CURVATURE: THENCE RUN WESTERLY ALONG THE CURVE CCNCAVE 70 THE SOUTHWEST Hl. ANC A CENTRAL ANGLE OF 90'0600; SUBTENDED BY A CHCRD BEARING OF NORTH 59-�4'3r WEST, CHCRD DISTANCE OF 21.21 FEET AND AN ARC LENGTH CF 23.5+5 FEET T4 TF+E POINT OF TANGENCY; THENCE RUN SOUTH 75W'22' NEST ALONG THE NORTHERLY BOUNDARY LINE OF Af CRESA* LOT Z ALSO BEING THE SOUTH LINE OF SAAD TRACT 1, A DISTANCE OF t43.04 FEET; THENCE RUN SOUTH Sa'53'19' WEST ALONG SAID NORTHERLY BOUNDARY UNE OF LOT 7, A DISTANCE OF 64.81 FEET; THENCE RUN SOUTH 75 t'23' 'NEST ALONG SACT NORTHERLY BOUNDARY LINE OF LOT 2, A OISTANCE OF 87.81 FEET TO THE EASTERLY RIGHT OF WAY UNE OF U, S HIGHWAY NO. I / STATE ROAD NO. 5 ACCORDING TO ROAD RICHT Oi WAY CONVEYED TO THE STATE OF FLORIDA AS INDI I'M IN OFFAI7AL RECORDS BOOK 2284, PACE 1795, PUBUC RECORDS OF IWAN RIVER ODUNTY, FLORIDA; THENCE RUN NORTH 14'54'38' wEST ALONG SAID EASTMY RIGHT OF WAY UNE, ALSO BEING 7`HE MASTERLY BOUNDARY OF AFORESAID THE LANDINGS. A COMMERCIAL SU801VISION, A DISTANCE OF 443,72 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF THE LANDINGS, A COMMERCIAL SUBDIVVVC N ANC TK SOUTH RIGHT OF WAY LINE OF THE NORTH RELIEF CANAL, 250.00 FEET WIDE INDIAN RIVER FARMS WATER CONTROL DISTRICT RIGHT OF WAY; THENCE RUN NORTH 62'34'20 -EAST ALONG SAID SOUTH RICHT OF WAY UNE, ALSO BENC THE NORTHERLY BOUNDARY LINE OF SAID PLAT OF THE LANDINGS. A COMMERCIAL SUBDIVISION, A DISTANCE OF 594.12 FEET TO THE NOPrHEAST CORNER OF SAID PLAT OF THE LANDINGS, A COMMERCIAL SUBDIVISION; THENCE RUN SOUTH 11'54'39"EAST ALONG THE EASTERLY BCVNDARY LINE OF SAID PLAT OF THE LANCINGS, A COMMERCIAL SUBDIWNCN, A DISTANCE OF a74.14 FEET TO THE POINT OF CURVATLft; THENCE CONTINUE ALONG SAID EASTERLY BOUNDARY LINE At+fl CURS£ CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 163215,86 FEET. A CENTRAL ANTI E OF OI 1#r3', SUBTENDM 8Y A CHORD? BEARING OF SOUTH 15'29'45'EAST , A CHORD DISTANCE OF 337:81 FEET AND AN ARC LENGTH OF 337.61 FEET TO THE AFORESAID PRESENT NORTHERLY RIGHT OF WAY LAIE OF 53RD STREET / KINGSBERRY ROAD AND POINT OF BEGINNING - THE ABOvE DESCRIBED CCNTAININO 469, 65.70 CRA 110.75LA RES AND BEIM IN INDIAN Rfvt~R COUNTY, FLORIDA AND 639 ': Indian River County, FL sunk a L t �•p^-a + LJLJ I, r� I J`YI i a?..II b I Qukk links. \ 1M 4p9P.,—. se _-- _-_— _ may„• OP—N— _ I Ive 1151 Myor N'��tw-ay Q LMf eN lMEtsA C' O Gart at �bN�N OGMu[ P '✓ S:�CGHkbM Mu.iclPd Balsal.ks - - xrow..�ar G Guava Ca:w-tea." � Cava L' -I CCClI G poolZ— C— p�;rea (] V-11 Sola ;R �AxY1wu `! k TPP 4xck RR 'B45.Q.r-liT s e n H ft< w 3234.aCAWSIX]000p'A]S.0 swr..wsrs :a3299 Proowtp Adtr 5380U51WGFMIAVi VERO N'cACM j r 4' :i-±OOWSOROWCdiil xqs -• N y h - � 4�. ! � Prap lE-:359fii Add,—II 5380O8NICJ4WAv P OWNERt1O ! Ac 5.47 ]C -a e n A 4 +-. 1 Fra �G _i=i:� Ov:ner AtlOress i969s A'LA clxa r,x,-ticmnnr+z Asw i9695AtAFAYATNAIL53]7 T IRC PACE Resolution Aaa91i.97 ONIANM,FL31818 E asnN: BrMI TU Dac.kWar 9-CCNOAN INLET THEWiDIN3 ROILATA COMW0.CULLA18O1VSION Dismiss IA75 PBI3i-33 !Nole:Np:;� ke useC �n lap: dxwenssi Page 10 of 10 640 September 13, 2022 Commissioner Matters ITEM 14.a.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 06, 2022 SUBJECT: Canvassing Board Member and Alternate FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: As my County Commissioner term will expire prior to all potential Canvassing Board activities, I recommend the Board appoint Vice -Chairman Joseph Earman to be the Canvassing Board Member, effective immediately. Should the Board approve my recommendation, I hereby appoint Commissioner Susan Adams as the alternate member. Thank you. 641 t5.B.I SWDD INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 2, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022074 for Transportation of Recyclables to St. Lucie County BACKGROUND: The Solid Waste Disposal District ("SWDD") entered into an agreement with St. Lucie County for the processing of County collected recyclables on November 19, 2019. Bid 2020028 for the hauling of recyclables to St. Lucie County was awarded to Republic Services of Florida, LP on February 18, 2020. The term of the award was April 1, 2020 through September 30, 2020, with five annual renewals available. The first two renewal terms were exercised, but Republic provided notice on June 20, 2022 that it could not continue providing the services beyond September 30, 2022, due to "economic conditions, inflation, and current diesel gas prices." A new bid 2022074 was issued on July 19, 2022, with responses received on August 18, 2022. Hauler Location Total Estimated Annual Bid Bulk Express Transport, Inc. Miami, FL $521,100.00 Merrell Bros., Inc. Kokomo, IN $809,456.04 ANALYSIS: SWDD reviewed the bids received, and has identified Bulk Express Transport, Inc. to be the lowest, responsive, responsible bidder. Scope of Work Price under New Bid Price previous bid TRANSPORT SINGLE STREAM RECYCLABLES FROM IRC $13.70/Ton $22.45/Ton MRF TO ST. LUCIE RECYCLING FACILITY TRANSPORT OLD CORRUGATED CARDBOARD FROM IRC $13.70/Ton $44.25/Ton MRF TO ST. LUCIE RECYCLING FACILITY TRANSPORT SEPARATED FILM FROM IRC MRF TO ST. $191.80/Load $350/Load LUCIE RECYCLING FACILITY 642 SWDD Scope of Work Price under New Bid Price 41125534-033490 previous bid $521,100 TRANSPORT RESIDUE FROM ST. LUCIE RECYCLING $63.93/Load $250/Load FACILITY TO IRC LANDFILL TRANSPORT RESIDUE FROM IRC MRF TO IRC LANDFILL $28.77/Load $200/Load The term of award is three years, with five additional one-year terms available. Pricing modifications may be requested 60 days prior to the end of each term, based on 75% of the change in the Consumer Price Index between January of the prior year and January in the current year, with a maximum 3% increase or decrease. FUNDING: Funding for the SWDD Recycling services is budgeted and available 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. The tentative budget for Fiscal Year 2022/2023 is $450,000, leaving an estimated shortfall of $71,100, for a total estimated cost of $521,100. A budget amendment may be necessary from SWDD Cash Forward to fund the $71,100 difference. Account Number Account Name Amount 41125534-033490 SWDD/CC & Recycling/Other Contractual Services $521,100 RECOMMENDATION: Staff recommends the Board award bid 2022074 to Bulk Express Transport, Inc., approve the agreement, and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency, and receipt and approval of the required insurance by the Risk Manager. Attachment Agreement 643 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Bulk Express Transport, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Transportation of recyclables from Indian River County Materials Recovery Facility (MRF) located at 1325 74th Ave SW, Vero Beach, FL 32968 to the St. Lucie County Recycling Facility located at 6120 Glades Cut -Off Road, Ft. Pierce, FL 34981. 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: Transportation of Recyclables to St. Lucie County Bid Number: 2022074 Project Address: 132574 1h Ave SW, Vero Beach, FL 32968 ARTICLE 3 - CONTRACT TERM 3.01 The term of the contract will begin October 1, 2022, and continue through September 30, 2025. Five additional one-year terms may be authorized upon mutual agreement no less than 90 days prior to the end of the previous term. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. Monthly invoices will be prepared based on tonnages hauled from the IRC MRF, and submitted by the 10th day of the following month. 4.02 The CONTRACTOR'S price at the time of delivery of goods and services will be the price set forth on the Bid Form. Amendment to the pricing may be requested by either party 60 days prior to the end of the current term, based on the One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in the Consumer Price Index (CPI) between the month of January in the prior year (CP11) and the month of January 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). Each modification shall not exceed 3% increase or decrease from previous price. 644 ARTICLE 5 - PAYMENT PROCEDURES 5.01 The OWNER shall make payments to the CONTRACTOR on the basis of the approved invoices, in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has 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. F. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; 645 (2) Certificate(s) of Liability Insurance; (3) Invitation to Bid 2022074; (4) Addendum 1; (5) Drug Free Workplace Form; (6) Affidavit of Compliance; (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (9) Certification Regarding Lobbying; (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 Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue 3 646 A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 4 647 ARTICLE 10 – FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work if and when federal funds are used to pay for the work: A. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. B. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. C. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. D. 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 or essential component; and telecommunications equipment or services have the meaning as defined in 5 648 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. 6 649 (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. E. 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. F. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. G. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. H. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. I. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 7 650 J. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. K. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or 8 651 supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9 652 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 September 13, 2022. OWNER: CONTRACTOR: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 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: Himanshu Mehta, PE Title: Managing Director Address: 1325 74th Ave SW, Vero Beach, FL 32968 Phone: 772-226-3211 Email: hmehta@ircgov.com By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 10 653 Exhibit 1 to the Agreement — Pricing 11 654