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HomeMy WebLinkAbout02/07/2023• LOR PA BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 7, 2023 - 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 Joseph H. Earman, District 3, Chairman Michael C. Zito, Interim County Administrator Susan Adams, District 1, Vice Chairman Dylan Reingold, County Attorney Joseph Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 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. Dr. Brad Klostreich, Westminster Presbyterian Church 3. PLEDGE OF ALLEGIANCE Michael Zito, Interim County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring the Reverend Andrew Jefferson Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Tyrone McGriff, Sr. Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING • BOARD ACTION 8. CONSENT AGENDA February 7, 2023 Page 1 of 6 8.A. Checks and Electronic Payments January 6, 2023 to January 12, 2023 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments January 13, 2023 to January 19, 2023 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments January 20, 2023 to January 26, 2023 Attachments: Finance Department Staff Report 8.D. Second Extension and Amendment to Agreements for Custodial Services at County -Owned Facilities Attachments: Staff Report Second Extension and Amendment - CER Second Extension and Amendment - Clean Space 8.E. Hanlex Vero Beach LLC Developer's Agreement Attachments: Staff Report Developers Agreement Hanlex Group 8.F. April 1, 2022 Addendum to RX Benefits Administrative Services Agreement dated October 1, 2021 - Removing Per Claim Fee of $0.40 for Out of Pocket Protection + SaveOnSP Program Attachments: Staff Report 2023 ASA Addendum effective April 1, 2022 2022 ASA Addendum effective April 30, 2022 2021 ASA Addendum Exhibit - Pricing effective October 1, 2021 2018 ASA Original Agreement effective May 1, 2018 8.G. Revision to Administrative Policy AM -702.1 Sick Leave Attachments: Staff Report - Sick Leave 702.1 Sick Leave 2-7-2023 Draft 8.H. GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as High Pointe PD Phase 1 [PD -18-07-03 / 98100081-91447] Attachments: Staff Report Location Map Final Plat Layout 8.I. Jones' Pier Conservation Area Public Access Improvements - Final Completion and Release of Retainage Attachments: Staff Report Final Pay Request February 7, 2023 Page 2 of 6 8.1 Jones Pier Conservation Area Use Agreement Between the Town of Indian River 0 Shores and Indian River County Attachments: Staff Report Jones Pier MOU 8.K. Sebastian Corners - Five Guys Letter of Intent for Lease Attachments: Staff Report Letter of Intent 8.L. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc., d/b/a All County Ambulance to Provide Interfacility Ambulance Transportation Services. Attachments: Staff Report COPCN Renewal Application - All County Ambulance 8.M. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc., d/b/a American Ambulance Service to Provide Interfacility Ambulance Transportation Services Attachments: Staff Report COPCN Renewal Application -American Ambulance Service 8.N. Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA) for CR50 (CR512 - 87th Street) FM No. 405606-7-52-01 (IRC -2230) Attachments: Staff Report Locally Funded Agreement FM No. 405606-7-52-01 Authorizing Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing -- County Administrator Residency Requirement Ordinance (LEGISLATIVE) Attachments: Staff Report County Administrator Residency Ordinance 10.A.2. Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 144 (LEGISLATIVE) Attachments: Staff Report annual code codification 2023 February 7, 2023 Page 3 of 6 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Designated Point Persons for 2023 State Legislative List of Priorities Attachments: Staff Report Legislative Assignment List 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources 12.D.1. Proposed Interview Schedule for County Administrator Attachments: Staff Report The Interview Process Memo & FAQs White Paper - The Typical Interview Process - County Administrator - 2023 Interview Schedule - Indian River County - Draft Interview Schedule - St. Lucie County - 6th Draft E. Information Technology F. Office of Management and Budget 12.F.1. 2023/2024 Budget Workshop/Hearing Schedule Attachments: Staff Report G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Authorization to proceed with foreclosures on Code enforcement cases: 2014050077 (Collins) and 2021090105 (Paige) Attachments: Staff Report Recorded Order Imposing Fine (Paige) Deed (Paige) Recorded Order Imposing Fine (Collins) Deed (Collins) 14. COMMISSIONERS MATTERS February 7, 2023 Page 4 of 6 A. Commissioner Joseph H. Earman, Chairman . B. Commissioner Susan Adams, Vice Chairman • C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Final Pay to Geosyntec for Work Order No. 11 - Engineering and Permitting Services for the Leachate Treatment Project Attachments: Staff Report Project Completion Report & Final Invoice 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.irc og v.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. February 7, 2023 Page 5 of 6 �i Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 00p.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. February 7, 2023 Page 6 of 6 HONORING THE REVEREND ANDREW JEFFERSON -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and Whereas, the Reverend Andrew Jefferson is a native son of Indian River County, husband to Ruth and father of Artrish and Andrevius, and pastor of St. Peter's Missionary Baptist Church in Gifford and Rock Church International in Fort Pierce; and Whereas, Andrew matriculated through the Indian River County Schools system, culminating with a degree in Architectural Design from North Technical Trade Center; and -Whereas, Andrew subsequently heard his call to the ministry, received his Bachelor's Degree in Religious Education, and began pastoring at St. Peter's Missionary Baptist Church in 1991; and -Whereas, in 1996, Andrew's visionary passion for people inspired him to establish St. Peter's Human Services, Incorporated, with a mission to assist at -risk children, low income families, and elderly citizens of Indian River County; and Whereas, Andrew then established St. Peter's Child Development Center and St. Peter's Academy, one of Indian River County's first Charter schools and the only predominately -minority school for at -risk children in Indian River County, one with a 24 -year record of success; and -Whereas, Andrew brings a clear message and possesses a compassionate gift for ministering to the needs of his community - he is a man who lives what he preaches, and practices what he teaches. Xaw, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the pioneer spirit and civic contributions of the Reverend Andrew Jefferson have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts. Adopted this 7th day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 1 HONORING TYRONE MCGRIFF, SR. -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, the late Tyrone McGriff, Sr., was born on January 13, 1958, to Harry and Dollie McGriff and attended Vero Beach High School, where he became a legendary player under coach Bill Wilson; and -Whereas, Tyrone would enroll at Florida A&M University and mature into one of the most decorated players ever at FAMU as a three -time Division I -AA All-American offensive lineman; and -Whereas, Tyrone was selected in the 1980 NFL Draft and played three seasons in the NFL before moving to the USFL, winning the inaugural USFL Championship as a member of the Michigan Panthers; and -Whereas, Tyrone began his coaching career in 1986 under FAMU's Hall of Fame coach Ken Riley and coached at four universities in total before assuming the duties of head football coach at Dillard High School and then Fort Lauderdale High School, where he helped lead many young men out of poverty and into college or their chosen career fields; and -Whereas, during his time as a professional football player and coach, Tyrone would regularly rent facilities to provide quality entertainment opportunities for local youth, a passion that led him back to his hometown of Vero Beach; and -Whereas, in Vero Beach, Tyrone served as director of the Gifford Youth Activity Center, where he arranged travel to the polls for elderly voters, set up after school tutoring, and helped many young Gifford residents find enriching academic, recreational, and physical fitness options outside of school; and -Whereas, Tyrone was inducted into both the College Football and Black College Football Halls of Fame, but left perhaps his most lasting legacy as a mentor to the young, both locally and nationally. Wow, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the pioneer spirit and civic contributions of Tyrone McGriff, Sr., have made a lasting impact on Indian River County and the Treasure Coast, and that the Board posthumously extends its sincere thanks to Tyrone's family for his outstanding efforts in our community. Adopted this 7th day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 2 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t` Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 12, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 6, 2023 to January 12, 2023 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 January 6, 2023 to January 12, 2023. n RM CHECKS WRITTEN • TRANS NBR DATE VENDOR AMOUNT 431584 01/06/2023 ELIZABETH STENGER 311.50 431585 01/06/2023 SCOTT MCADAM 36.00 431586 01/06/2023 SHELLEY NOWLIN 12.15 431587 01/06/2023 SUSAN ADAMS 43.97 431588 01/06/2023 LESLIE N MUNROE 163.50 431589 01/06/2023 GARRETT DANCY 6.00 431590 01/06/2023 KATHY COPELAND 254.07 431591 01/06/2023 BRYANT SMITH 6.00 431592 01/06/2023 MARIA CLAVERIE 30.00 431593 01/06/2023 AT&T WIRELESS 172.92 431594 01/06/2023 AT&T CORP 657.74 431595 01/06/2023 AT&T CORP 1,273.52 431596 01/06/2023 GEOSYNTEC CONSULTANTS INC 6,551.23 431597 01/06/2023 FLORIDA POWER AND LIGHT 889.68 431598 01/06/2023 CELICO PARTNERSHIP 152.70 431599 01/06/2023 ELIZABETH POWELL 51.23 431600 01/06/2023 NORTH CAROLINA CHILD SUPPORT 55.38 431601 01/06/2023 KENNETH E JOHNSON 500.00 431602 01/06/2023 REHMANN GROUP LLC 40,000.00 431603 01/06/2023 SOUTHERN MANAGEMENT LLC 640.80 431604 01/06/2023 AMERITAS 33,458.76 431605 01/06/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 431606 01/06/2023 WILLIAM CROSBY 109.90 431607 01/06/2023 P&AADMINISTRATIVE SERVICES INC 489.00 431608 01/06/2023 COMMANDLINK LLC 6,911.25 431609 01/06/2023 NORTH DAKOTA CHILD SUPPORT 228.47 431610 431611 01/06/2023 01/06/2023 WEX HEALTH INC PORT CONSOLIDATED INC 5,755.05 354.35 431612 01/06/2023 SUNCOAST WELDING SUPPLIES INC 656.99 431613 01/06/2023 COMMUNICATIONS INTERNATIONAL 600.00 431614 01/06/2023 SSES INC 1,831.55 431615 01/06/2023 RANGER CONSTRUCTION IND INC 905.67 431616 01/06/2023 VERO CHEMICAL DISTRIBUTORS INC 844.43 431617 01/06/2023 KIMLEY HORN & ASSOC INC 405.00 431618 01/06/2023 HENRY SCHEIN INC 1,432.18 431619 01/06/2023 SAFETY PRODUCTS INC 54.00 431620 01/06/2023 DATA FLOW SYSTEMS INC 5,371.90 431621 01/06/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 27.00 431622 01/06/2023 INDIAN RIVER BATTERY 1,853.35 431623 01/06/2023 GRAINGER 3,641.62 431624 01/06/2023 KELLY TRACTOR CO 792.00 431625 01/06/2023 GRAYBAR ELECTRIC CO INC 61.33 431626 01/06/2023 TEMPLE INC 4,310.00 431627 01/06/2023 WILD LAND ENTERPRISES INC 130.40 431628 01/06/2023 HACH CO 4,535.90 431629 01/06/2023 CLIFF BERRY INC 1,114.55 431630 01/06/2023 BOUND TREE MEDICAL LLC 4,337.75 431631 01/06/2023 TIRESOLES OF BROWARD INC 9,587.18 431632 01/06/2023 AMERICAN WATER CHEMICALS INC 36,565.44 431633 01/06/2023 ABCO GARAGE DOOR CO INC 497.00 431634 01/06/2023 DELL MARKETING LP 187.23 431635 01/06/2023 JOHN C HINTON 1,525.00 431636 01/06/2023 MIDWEST TAPE LLC 5,471.91 431637 01/06/2023 ODYSSEY MANUFACTURING CO 31,572.45 431638 01/06/2023 HUDSON PUMP & EQUIPMENT 102,100.00 431639 01/06/2023 K & M ELECTRIC SUPPLY INC 5,004.00 431640 01/06/2023 BAKER DISTRIBUTING CO LLC 75.14 431641 01/06/2023 CENGAGE LEARNING INC 164.19 4 A TRANS NBR DATE VENDOR AMOUNT 431642 01/06/2023 JIMMYS AIR & REFRIGERATION INC 95.00 431643 01/06/2023 PC WEATHER PRODUCTS INC 2,178.00 431644 01/06/2023 CLERK OF CIRCUIT COURT 605.25 431645 01/06/2023 CITY OF VERO BEACH 1,381.82 431646 01/06/2023 HOME DEPOT USA INC 72.78 431647 01/06/2023 JANITORIAL DEPOT OF AMERICA INC 640.34 431648 01/06/2023 TREASURE COAST HOMELESS SERVICES 1,697.69 431649 01/06/2023 PUBLIX SUPERMARKETS 300.00 431650 01/06/2023 FLORIDAANIMAL CONTROL ASSOC INC 126.00 431651 01/06/2023 FEDERAL EXPRESS CORP 77.72 431652 01/06/2023 COMO OIL COMPANY OF FLORIDA 120.62 431653 01/06/2023 FAMOSO INC 200.64 431654 01/06/2023 FLORIDA RECREATION & PARK ASSOC INC 320.00 431655 01/06/2023 FLORIDA RECREATION & PARK ASSOC INC 1,750.00 431656 01/06/2023 FLORIDA POWER AND LIGHT 195,693.41 431657 01/06/2023 FLORIDA POWER AND LIGHT 38,847.88 431658 01/06/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 17,052.44 431659 01/06/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 4,852.80 431660 01/06/2023 DEPARTMENT OF HEALTH 55.00 431661 01/06/2023 COMPLETE ELECTRIC INC 4,712.50 431662 01/06/2023 IRC HEALTHY START COALITION INC 10,666.67 431663 01/06/2023 L WALTON ELECTRIC INC 482.00 431664 01/06/2023 JOHN BROWN & SONS INC 10,000.00 431665 01/06/2023 ELXSI INC 230.86 431666 01/06/2023 INTERNATIONAL CODE COUNCIL INC 265.00 431667 01/06/2023 NATIONAL ASSOC OF ENVIRONMENTAL 225.00 431668 01/06/2023 BRIDGESTONE AMERICAS INC 49.99 431669 01/06/2023 CONSTRUCTION LICENSING OFFICIALS 400.00 431670 01/06/2023 RENNICK REALTY 450.00 431671 01/06/2023 RECHTIEN INTERNATIONAL TRUCKS 667.68 431672 01/06/2023 THE PALMS AT VERO BEACH 450.00 431673 01/06/2023 TRANE US INC 12,754.00 431674 01/06/2023 HULETT ENVIRONMENTAL SERVICES 124.50 431675 01/06/2023 CONTROL SYSTEMS DESIGN INC 600.00 431676 01/06/2023 POLYDYNE INC 3,749.00 431677 01/06/2023 THE CLEARING COMPANY LLC 2,854.50 431678 01/06/2023 THE SHERWIN WILLIAMS CO 146.08 431679 01/06/2023 SOUTHERN JANITOR SUPPLY INC 2,594.31 431680 01/06/2023 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 431681 01/06/2023 JACKS COMPLETE TREE SERVICE INC 1,650.00 431682 01/06/2023 ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS 350.00 431683 01/06/2023 GLOVER OIL COMPANY INC 51,599.74 431684 01/06/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 11,008.89 431685 01/06/2023 C W NIELSEN MFG CORP 4,050.00 431686 01/06/2023 1ST FIRE & SECURITY INC 135.00 431687 01/06/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 345.66 431688 01/06/2023 JOHNNY B SMITH 50.00 431689 01/06/2023 SIMS CRANE & EQUIPMENT CO 3,902.25 431690 01/06/2023 PETER J CASSARA 8,650.00 431691 01/06/2023 AFFORDABLE WATER & COFFEE SVC 97.50 431692 01/06/2023 TREASURE COAST FOOD BANK INC 264.92 431693 01/06/2023 NICOLACE MARKETING INC 2,630.00 431694 01/06/2023 OVERDRIVE INC 1,542.19 431695 01/06/2023 XYLEM WATER SOLUTION USA INC 15,625.80 431696 01/06/2023 PROMATIC INC 121.61 431697 01/06/2023 JOSHUA HARVEY GHIZ 180.00 431698 01/06/2023 CARDINAL HEALTH 110 INC 1,698.17 431699 01/06/2023 MUNICIPAL EMERGENCY SERVICES INC 579.50 431700 01/06/2023 PENGUIN RANDOM HOUSE LLC 52.50 431701 01/06/2023 STEWART & STEVENSON FDDA LLC 125.00 A TRANS NBR DATE VENDOR AMOUNT 431702 01/06/2023 HAWKINS INC 3,092.37 431703 01/06/2023 INNOVATIVE INTERFACES INC 963.90 431704 01/06/2023 CATHEDRAL CORPORATION 1,754.83 431705 01/06/2023 UNIFIRST CORPORATION 1,553.38 431706 01/06/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 718.33 431707 01/06/2023 GOTTA GO GREEN ENTERPISES INC 190.83 431708 01/06/2023 BARSALOU VENTURES LLC 192.50 431709 01/06/2023 BYERS ENGINEERING COMPANY 8,300.00 431710 01/06/2023 EASTERN PIPELINE CONSTRUCTION INC 7,100.00 431711 01/06/2023 AC VETERINARY SPECIALTY SERVICES 463.81 431712 01/06/2023 CDW LLC 120.21 431713 01/06/2023 MATHESON TRI-GAS INC 10,010.00 431714 01/06/2023 GOVERNMENTJOBS.COM INC 14,883.75 431715 01/06/2023 COLE AUTO SUPPLY INC 2,387.26 431716 01/06/2023 BETH NOLAN 210.00 431717 01/06/2023 SUPERSAFE LIBRARY SECURITY INC 1,020.00 431718 01/06/2023 CORE & MAIN LP 16,171.27 431719 01/06/2023 STEWART MATERIALS LLC 919.03 431720 01/06/2023 WOERNER AGRIBUSINESS LLC 816.00 431721 01/06/2023 REXEL USA INC 1,271.99 431722 01/06/2023 DIRECTV GROUP INC 93.24 431723 01/06/2023 AMAZON CAPITAL SERVICES INC 6,641.13 431724 01/06/2023 PACE ANALYTICAL SERVICES LLC 1,501.11 431725 01/06/2023 AMERIGAS PROPANE LP 1,993.69 431726 01/06/2023 SKYDIVE SEBASTIAN OF SOUTH FLORIDA INC 1,000.00 431727 01/06/2023 METROPOLITAN COMMUNICATION SERVICES INC 363.75 431728 01/06/2023 JORDAN POWER EQUIPMENT CORP 2,257.73 431729 01/06/2023 LIBERTY TIRE RECYCLING LLC 5,942.20 431730 01/06/2023 MULLINAX FORD OF VERO BEACH 603.54 431731 01/06/2023 KRONOS SAASHR INC 37.80 431732 01/06/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 76.26 431733 01/06/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 210.42 431734 01/06/2023 DESK SPINCO INC 22.23 431735 01/06/2023 BLUE GOOSE CONSTRUCTION LLC 901.52 431736 01/06/2023 LOWES COMPANIES INC 3,631.68 431737 01/06/2023 SMI TRADING LLC 581.88 431738 01/06/2023 MILLENNIUM CREMATORY LLC 425.00 431739 01/06/2023 ROBERT A HUDSON 50.00 431740 01/06/2023 THEODORE SEMI 70.00 431741 01/06/2023 QUADMED INC 5,464.06 431742 01/06/2023 WIPEOUT SERVICES LLC 175.00 431743 01/06/2023 BRITTON INDUSTRIES INC 713.37 431744 01/06/2023 LAWRENCE F WALLIN 50.00 431745 01/06/2023 HIREQUEST LLC 3,149.60 431746 01/06/2023 PETERBILT STORE SOUTH FLORIDA LLC 188.72 431747 01/06/2023 ENVIRONMENTAL EQUIPMENT SERVICES LLC 57,340.00 431748 01/06/2023 AMERICAS OFFICE SOURCE INC 10,386.89 431749 01/06/2023 SHAMROCK ENVIRONMENTAL CORPORATION 4,418.70 431750 01/06/2023 PIVOTAL UTILITY HOLDINGS INC 34.32 431751 01/06/2023 BTAC HOLDING CORP 9,739.98 431752 01/06/2023 TK ELEVATOR CORPORATION 1,188.00 431753 01/06/2023 TPH HOLDINGS LLC 297.99 431754 01/06/2023 CRYSTAL MCANELLY DIVERS 130.00 431755 01/06/2023 SEVEN ISLES CAPITAL 1,915.00 431756 01/06/2023 RONALD MARASCO SR 50.00 431757 01/06/2023 NATIONAL CONSTRUCTION RENTALS INC 309.12 431758 01/06/2023 MIWANA SARGENT 130.00 431759 01/06/2023 TAYLOR NELSON AUXIER 50.00 431760 01/06/2023 ALERTS INTERNATIONAL LLC 9,845.00 431761 01/06/2023 US ECOLOGY TAMPA INC 21,190.62 0 TRANS NBR DATE VENDOR AMOUNT 431762 01/06/2023 DONNA W ROBERTI 60.00 431763 01/06/2023 EMPIRE PIPE & SUPPLY COMPANY INC 10,499.97 431764 01/06/2023 JORDAN PARKER 50.00 431765 01/06/2023 NOVATECH INC 236.76 431766 01/06/2023 PF DISTRIBUTION CENTER INC 4,650.00 431767 01/06/2023 FLORIDA WILDLIFE HOSPITAL & SANCTUARY INC 600.00 431768 01/12/2023 INDIAN RIVER STATE COLLEGE 75.00 431769 01/12/2023 EVENT MANAGERS LLC 500.00 431770 01/12/2023 ZACHARY KIVENAS 77.00 431771 01/12/2023 COMMUNICATIONS INTERNATIONAL 29,962.11 431772 01/12/2023 RICOH USA INC 23.25 431773 01/12/2023 AT&T WIRELESS 143.74 431774 01/12/2023 BARTH CONSTRUCTION INC 116,137.12 431775 01/12/2023 GEOSYNTEC CONSULTANTS INC 4,444.31 431776 01/12/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 62.66 431777 01/12/2023 FLORIDA POWER AND LIGHT 1,791.73 431778 01/12/2023 STATEATTORNEY 13,674.08 431779 01/12/2023 WASTE MANAGEMENT INC 208,484.17 431780 01/12/2023 INDIAN RIVER FARMS WATER CNTRL DIST 18,059.40 431781 01/12/2023 G K ENVIRONMENTAL INC 1,875.00 431782 01/12/2023 CELICO PARTNERSHIP 9,309.77 431783 01/12/2023 MBV ENGINEERING INC 1,565.00 431784 01/12/2023 NATIONAL ASSOCIATION OF HOUSING AND 545.10 431785 01/12/2023 GERELCOM INC 73,473.30 431786 01/12/2023 AMERITAS 616.36 431787 01/12/2023 NAPIER & ROLLIN PLLC 72.50 431788 01/12/2023 ANFIELD CONSULTING GROUP INC 10,000.00 431789 01/12/2023 CANARX GROUP INC 4,990.80 431790 01/12/2023 KREMEDY LLC 3,500.00 431791 01/12/2023 CHANGE HEALTHCARE LLC 44,114.09 431792 01/12/2023 LOWES COMPANIES INC 40.00 431793 01/12/2023 J-MAC CLEANING SERVICES INC 5,591.66 431794 01/12/2023 STEEPSTEEL LLC 1,256.25 431795 01/12/2023 COMMANDLINK LLC 3,533.57 431796 01/12/2023 JAMES MCALHANY 19,875.00 431797 01/12/2023 UTIL REFUNDS 86.18 431798 01/12/2023 UTIL REFUNDS 74.65 431799 01/12/2023 UTIL REFUNDS 65.96 431800 01/12/2023 UTIL REFUNDS 50.00 431801 01/12/2023 UTIL REFUNDS 84.25 431802 01/12/2023 UTIL REFUNDS 33.83 431803 01/12/2023 UTIL REFUNDS 66.05 431804 01/12/2023 UTIL REFUNDS 38.00 431805 01/12/2023 UTIL REFUNDS 70.07 431806 01/12/2023 UTIL REFUNDS 52.42 431807 01/12/2023 UTIL REFUNDS 71.53 431808 01/12/2023 UTIL REFUNDS 48.98 431809 01/12/2023 UTIL REFUNDS 26.57 431810 01/12/2023 UTIL REFUNDS 32.85 431811 01/12/2023 UTIL REFUNDS 25.67 431812 01/12/2023 UTIL REFUNDS 522.35 431813 01/12/2023 UTIL REFUNDS 155.13 431814 01/12/2023 UTIL REFUNDS 60.16 431815 01/12/2023 UTIL REFUNDS 55.18 431816 01/12/2023 UTIL REFUNDS 80.96 431817 01/12/2023 UTIL REFUNDS 81.60 431818 01/12/2023 UTIL REFUNDS 81.84 431819 01/12/2023 UTIL REFUNDS 45.34 431820 01/12/2023 UTIL REFUNDS 20.10 431821 01/12/2023 UTIL REFUNDS 9.48 7 4 .11 TRANS NBR DATE VENDOR AMOUNT 431822 01/12/2023 UTIL REFUNDS 22.15 431823 01/12/2023 UTIL REFUNDS 38.28 431824 01/12/2023 UTIL REFUNDS 76.86 431825 01/12/2023 UTIL REFUNDS 53.60 431826 01/12/2023 UTIL REFUNDS 38.41 431827 01/12/2023 UTIL REFUNDS 71.01 431828 01/12/2023 UTIL REFUNDS 7.95 431829 01/12/2023 UTIL REFUNDS 43.85 431830 01/12/2023 UTIL REFUNDS 67.69 431831 01/12/2023 UTIL REFUNDS 53.00 431832 01/12/2023 UTIL REFUNDS 192.01 431833 01/12/2023 UTIL REFUNDS 31.33 431834 01/12/2023 UTIL REFUNDS 44.21 431835 01/12/2023 UTIL REFUNDS 32.34 431836 01/12/2023 UTIL REFUNDS 18.19 431837 01/12/2023 UTIL REFUNDS 66.02 431838 01/12/2023 UTIL REFUNDS 70.44 431839 01/12/2023 UTIL REFUNDS 36.67 431840 01/12/2023 UTIL REFUNDS 36.86 431841 01/12/2023 UTIL REFUNDS 72.32 431842 01/12/2023 UTIL REFUNDS 10.87 431843 01/12/2023 PORT CONSOLIDATED INC 1,153.37 431844 01/12/2023 COMMUNICATIONS INTERNATIONAL 135,663.89 431845 01/12/2023 TEN -8 FIRE EQUIPMENT INC 452.09 431846 01/12/2023 RANGER CONSTRUCTION IND INC 1,065.75 431847 01/12/2023 VERO CHEMICAL DISTRIBUTORS INC 178.45 431848 01/12/2023 PERERS ENTERPRISES INC 2,502.71 431849 01/12/2023 RICOH USA INC 128.95 431850 01/12/2023 RICOH USA INC 243.84 431851 01/12/2023 SAFETY PRODUCTS INC 2,370.02 431852 01/12/2023 DATA FLOW SYSTEMS INC 1,763.97 431853 01/12/2023 INDIAN RIVER BATTERY 151.45 431854 01/12/2023 GRAYBAR ELECTRIC CO INC 3,930.47 431855 01/12/2023 HACH CO 4,126.81 431856 01/12/2023 LFI FORT PIERCE INC 3,285.86 431857 01/12/2023 SWE INC 1,250.00 431858 01/12/2023 BOUND TREE MEDICAL LLC 476.40 431859 01/12/2023 H C WARNER INC 547.22 431860 01/12/2023 ODYSSEY MANUFACTURING CO 15,540.00 431861 01/12/2023 BAKER DISTRIBUTING CO LLC 11.57 431862 01/12/2023 SOFTWARE HARDWARE INTEGRATION 75,956.50 431863 01/12/2023 PING INC 155.11 431864 01/12/2023 CITY OF VERO BEACH 27.37 431865 01/12/2023 UNITED WAY OF INDIAN RIVER COUNTY 644.34 431866 01/12/2023 FLORIDA DEPT OF AGRICULTURE AND 255.00 431867 01/12/2023 FLORIDA DEPT OF AGRICULTURE AND 255.00 431868 01/12/2023 ROGER CLEVELAND GOLF INC 8,137.34 431869 01/12/2023 ACUSHNET COMPANY 4,799.07 431870 01/12/2023 FEDERAL EXPRESS CORP 116.09 431871 01/12/2023 COMO OIL COMPANY OF FLORIDA 661.85 431872 01/12/2023 CALLAWAY GOLF SALES COMPANY 2,633.97 431873 01/12/2023 FLORIDA POWER AND LIGHT 51,399.11 431874 01/12/2023 FLORIDA POWER AND LIGHT 4,736.79 431875 01/12/2023 PEACE RIVER ELECTRIC COOP INC 226.03 431876 01/12/2023 FLORIDA STATE GOLF ASSOCIATION 772.50 431877 01/12/2023 FLORIDA DEPT OF FINANCIAL SERVICES 33,864.99 431878 01/12/2023 ELXSI INC 527,720.00 431879 01/12/2023 CONSTRUCTION LICENSING OFFICIALS 100.00 431880 01/12/2023 MIDWEST MOTOR SUPPLY CO 342.08 431881 01/12/2023 RECHTIEN INTERNATIONAL TRUCKS 233.75 .11 IC TRANS NBR DATE VENDOR AMOUNT • 431882 431883 01/12/2023 01/12/2023 ST LUCIE COUNTY BOCC AMERICAN SOCIETY OF COMPOSERS 151,051.00 840.00 431884 01/12/2023 TRANE US INC 813.67 431885 01/12/2023 HULETT ENVIRONMENTAL SERVICES 59.00 431886 01/12/2023 CINTAS CORPORATION NO 2 221.40 431887 01/12/2023 BIG BROTHERS AND BIG SISTERS 1,250.00 431888 01/12/2023 FASTENAL COMPANY 120.67 431889 01/12/2023 SOUTHERN JANITOR SUPPLY INC 312.97 431890 01/12/2023 JOHNS EASTERN COMPANY INC 59,702.75 431891 01/12/2023 JACKS COMPLETE TREE SERVICE INC 4,800.00 431892 01/12/2023 ORCHID ISLAND PROPERTY MGMT II INC 3,200.00 431893 01/12/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 301.12 431894 01/12/2023 SESAC INC 1,798.00 431895 01/12/2023 JOHNNY B SMITH 565.00 431896 01/12/2023 GLOBALSTAR USA 221.40 431897 01/12/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 4,429.36 431898 01/12/2023 SOUTHEAST SECURE SHREDDING 45.00 431899 01/12/2023 HLP INC. 5,280.00 431900 01/12/2023 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,296.68 431901 01/12/2023 PRECISION SIDEWALK SAFETY CORP 4,646.47 431902 01/12/2023 ATLANTIC COASTAL LAND TITLE CO LLC 190.00 431903 01/12/2023 GLADE & GROVE SUPPLY CO INC 3,136.47 431904 01/12/2023 CLOVERLEAF CORPORATION 6,778.19 431905 01/12/2023 XYLEM WATER SOLUTION USA INC 27,415.80 431906 01/12/2023 ALAN JAY CHEVROLET CADILLAC 41,865.00 431907 01/12/2023 WILD TURKEY ESTATES OF VERO LLC 1,005.03 431908 01/12/2023 THOMAS C QUINA 600.00 431909 01/12/2023 MUNICIPAL EMERGENCY SERVICES INC 1,540.77 431910 01/12/2023 STRAIGHT OAK LLC 112.58 431911 01/12/2023 STS MAINTAIN SERVICES INC 28,791.45 431912 01/12/2023 COBRA GOLF INCORPORATED 2,790.00 431913 01/12/2023 SYLVIA MILLER 1,455.00 431914 01/12/2023 HAWKINS INC 168.00 431915 01/12/2023 RICHARD SZPYRKA 709.00 431916 01/12/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 984.00 431917 01/12/2023 CATHEDRAL CORPORATION 629.03 431918 01/12/2023 UNIFIRST CORPORATION 1,437.64 431919 01/12/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 232.05 431920 01/12/2023 COLE AUTO SUPPLY INC 951.45 431921 01/12/2023 RELX INC 426.40 431922 01/12/2023 NESTLE WATERS NORTH AMERICA 21.00 431923 01/12/2023 CORE & MAIN LP 6,019.76 431924 01/12/2023 STEWART MATERIALS LLC 1,485.63 431925 01/12/2023 OSBURN ASSOCIATES INC 2,356.00 431926 01/12/2023 AMAZON CAPITAL SERVICES INC 1,912.95 431927 01/12/2023 PACE ANALYTICAL SERVICES LLC 16,506.41 431928 01/12/2023 AMERIGAS PROPANE LP 5,884.26 431929 01/12/2023 DAVID MIKE 75.00 431930 01/12/2023 OHD LLLP 935.00 431931 01/12/2023 MULLINAX FORD OF VERO BEACH 23,621.71 431932 01/12/2023 FERGUSON US HOLDINGS INC 884.70 431933 01/12/2023 BLUE GOOSE CONSTRUCTION LLC 5,924.02 431934 01/12/2023 STAPLES INC 394.61 431935 01/12/2023 LOWES COMPANIES INC 1,377.78 431936 01/12/2023 SMI TRADING LLC 41.60 431937 01/12/2023 ROBERT A HUDSON 405.00 431938 01/12/2023 THEODORE SEMI 720.00 431939 01/12/2023 ATLAS COPCO USA HOLDING INC 1,782.42 431940 01/12/2023 BRITTON INDUSTRIES INC 149.22 431941 01/12/2023 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 7,000.00 IC • • TRANS NBR DATE VENDOR AMOUNT 431942 01/12/2023 LAWRENCE F WALLIN 150.00 431943 01/12/2023 VERO COLLISION II LLC 1,979.13 431944 01/12/2023 HIREQUEST LLC 10,658.00 431945 01/12/2023 PETERBILT STORE SOUTH FLORIDA LLC 165.85 431946 01/12/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 431947 01/12/2023 SHRIEVE CHEMICAL CO LLC 16,926.04 431948 01/12/2023 BTAC HOLDING CORP 2,958.98 431949 01/12/2023 CONSOLIDATED WATER GROUP LLC 42.50 431950 01/12/2023 GALVIN & MATHEWS FBA LLC 781.00 431951 01/12/2023 RONALD MARASCO SR 665.00 431952 01/12/2023 JEFFERYHOGUES 4,100.00 431953 01/12/2023 KERNER LLC 8,250.00 431954 01/12/2023 TAYLOR NELSON AUXIER 405.00 431955 01/12/2023 ISO CLAIMS SERVICES INC 686.80 431956 01/12/2023 FLEETPRIDE INC 780.99 431957 01/12/2023 DONNA W ROBERTS 60.00 431958 01/12/2023 JORDAN PARKER 230.00 431959 01/12/2023 FIRST ARRIVING LLC 13,699.00 Grand Total: 2,960,457.08 iR C 0 • RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902418 01/06/2023 902419 01/06/2023 Grand Total: VENDOR AMOUNT SREIT LEXINGTON CLUB LLC 425.00 VERO BEACH LEASED HOUSING ASSOC III LLLP 811.00 1,236.00 11 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR 0 DATE VENDOR AMOUNT 1020247 01/06/2023 PARKS RENTAL & SALES INC 151.98 1020248 01/06/2023 NORTH SOUTH SUPPLY INC 443.24 1020249 01/06/2023 INDIAN RIVER OXYGEN INC 4,696.04 1020250 01/06/2023 RING POWER CORPORATION 1,079.00 1020251 01/06/2023 MIKES GARAGE & WRECKER SERVICE INC 1,180.00 1020252 01/06/2023 GALLS LLC 1,748.78 1020253 01/06/2023 MEEKS PLUMBING INC 2,352.00 1020254 01/06/2023 IRRIGATION CONSULTANTS UNLIMITED INC 272.89 1020255 01/06/2023 HILL MANUFACTURING CO INC 2,898.64 1020256 01/06/2023 GROVE WELDERS INC 587.46 1020257 01/06/2023 4IMPRINT INC 1,574.35 1020258 01/06/2023 PRIDE ENTERPRISES 350.45 1020259 01/06/2023 AUTO PARTNERS LLC 138.48 1020260 01/06/2023 GUARDIAN ALARM OF FLORIDA LLC 971.25 1020261 01/06/2023 EFE INC 3,617.73 1020262 01/06/2023 CARLON INC 472.00 1020263 01/10/2023 AT&T CORP 6.35 1020264 01/10/2023 AT&T CORP 971.00 1020265 01/10/2023 AT&T CORP 5.29 1020266 01/10/2023 COMCAST 919.50 1020267 01/10/2023 WASTE MANAGEMENT INC OF FLORIDA 3,330.06 1020268 01/12/2023 UNIVERSAL SIGNS & ACCESSORIES 1,160.00 1020269 01/12/2023 INDIAN RIVER OXYGEN INC 438.06 1020270 01/12/2023 MIKES GARAGE & WRECKER SERVICE INC 265.00 1020271 01/12/2023 MEEKS PLUMBING INC 112.00 1020272 01/12/2023 SOUTHERN COMPUTER WAREHOUSE INC 232.82 1020273 01/12/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 319.96 1020274 01/12/2023 SPINNAKER VERO INC 76.14 1020275 01/12/2023 HYDRA SERVICE (S) INC 35,071.00 1020276 01/12/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 375.00 1020277 01/12/2023 GUARDIAN ALARM OF FLORIDA LLC 550.00 1020278 01/12/2023 NEXAIR LLC 59.77 1020279 01/12/2023 EFE INC 568.19 1020280 01/12/2023 WASTE MANAGEMENT INC OF FLORIDA 1,137.50 Grand Total: 68,131.93 • 12 0 • • ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10184 01/06/2023 CLERK OF CIRCUIT COURT 450.00 10185 01/06/2023 IRC FIRE FIGHTERS ASSOC 9,628.80 10186 01/06/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,682.32 10187 01/06/2023 FL SDU 3,058.55 10188 01/06/2023 INDIAN RIVER COUNTY SHERIFF 3,768.18 10189 01/06/2023 FL RETIREMENT SYSTEM 1,023,132.94 10190 01/06/2023 ALLSTATE 125.10 10191 01/06/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,641.18 10192 01/06/2023 RX BENEFITS INC 2,845.08 10193 01/06/2023 EDH HOLDINGS LLC 487.00 10194 01/06/2023 HEALTH ADVOCATE SOLUTIONS INC 1,986.00 10195 01/06/2023 HEALTH ADVOCATE SOLUTIONS INC 1,546.05 10196 01/06/2023 BENEFLEX INC 892.50 10197 01/06/2023 LINCOLN RETIREMENT 99,474.15 10198 01/09/2023 IRS -PAYROLL TAXES 577,601.73 **10200 01/11/2023 INDIAN RIVER COUNTY SHERIFF 26,019.02 10201 01/12/2023 KIMLEY HORN & ASSOC INC 186,792.50 10202 01/12/2023 PUBLIC DEFENDER 4,387.91 10203 01/12/2023 FLORIDA DEPT OF FINANCIAL SERVICES 90,000.00 Grand Total: 2,051,519.01 **ACH number 10199 skipped in error. 13 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller • Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 19, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 13, 2023 to January 19, 2023 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 January 13, 2023 to January 19, 2023. 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE 1020281 01/13/2023 1020282 01/19/2023 1020283 01/19/2023 1020284 01/19/2023 1020285 01/19/2023 1020286 01/19/2023 1020287 01/19/2023 Grand Total: • • VENDOR OFFICE DEPOT INC AT&T CORP AT&T CORP AT&T CORP OFFICE DEPOT INC COMCAST WASTE MANAGEMENT INC OF FLORIDA AMOUNT 1,782.76 6.35 2,065.42 5,457.22 1,087.98 358.70 138.55 10,896.98 15 ELECTRONIC PAYMENTS - WIRE & ACH . TRANS NBR DATE VENDOR AMOUNT 10204 01/13/2023 KIMLEY HORN & ASSOC INC 172,370.65 10205 01/13/2023 MUTUAL OF OMAHA 19,341.25 10206 01/13/2023 MUTUAL OF OMAHA 24,488.48 10207 01/13/2023 IRS -PAYROLL TAXES 5,591.98 10208 01/13/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 72.24 10209 01/13/2023 RX BENEFITS INC 275,458.56 10210 01/13/2023 APTIM CORP 48,067.01 10211 01/13/2023 EDH HOLDINGS LLC 1,185.62 10212 01/18/2023 HUMANE SOCIETY 43,000.00 10213 01/18/2023 SCHOOL DISTRICT OF I R COUNTY 86,228.00 10214 01/18/2023 SCHOOL DISTRICT OF I R COUNTY 4,089.95 10215 01/18/2023 SENIOR RESOURCE ASSOCIATION 1,684.30 10216 01/18/2023 VEROTOWN LLC 106,700.26 10217 01/18/2023 FLORIDA DEPARTMENT OF BUSINESS AND 32,477.21 10218 01/19/2023 FLORIDA DEPARTMENT OF REVENUE 32,147.03 10219 01/19/2023 FLORIDA DEPARTMENT OF REVENUE 3,337.93 10220 01/19/2023 FLORIDA DEPARTMENT OF REVENUE 996.01 10221 01/19/2023 FLORIDA DEPARTMENT OF REVENUE 2,206.72 10222 01/19/2023 CLERK OF CIRCUIT COURT 3,186.64 10223 01/19/2023 VETERANS COUNCIL OF I R C 6,402.76 10224 01/19/2023 TD BANK 7,688.76 10225 01/19/2023 WRIGHT EXPRESS FSC 36,700.40 Grand Total: 913,421.76 • ill JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 40 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: January 26, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 20, 2023 to January 26, 2023 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 January 20, 2023 to January 26, 2023. 17 W, I CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 431960 01/20/2023 AT&T WIRELESS 291.30 431961 01/20/2023 AT&T WIRELESS 147.92 431962 01/20/2023 AT&T WIRELESS 787.81 431963 01/20/2023 AT&T WIRELESS 972.04 431964 01/20/2023 PARAGON ELECTRIC OF VERO INC 216,977.24 431965 01/20/2023 CLERK OF CIRCUIT COURT 382.23 431966 01/20/2023 UNITED WAY OF INDIAN RIVER COUNTY 765.00 431967 01/20/2023 AT&T CORP 1,002.42 431968 01/20/2023 FLORIDA FISH & WILDLIFE 4,661.18 431969 01/20/2023 FLORIDA POWER AND LIGHT 18,928.26 431970 01/20/2023 ARCADIS U S INC 2,499.00 431971 01/20/2023 CELICO PARTNERSHIP 3,495.36 431972 01/20/2023 PELLETIER, CLAUDETTE 2,000.00 431973 01/20/2023 MBV ENGINEERING INC 450.00 431974 01/20/2023 MASTELLER & MOLER INC 1,767.00 431975 01/20/2023 ALZHEIMER/PARKINSON ASSOCIATES 300.00 431976 01/20/2023 OAK CHASE HOMEOWNERS ASSCOCIATES 150.00 431977 01/20/2023 SHARAJA INC 928.59 431978 01/20/2023 PIONEER MANUFACTURING 1,227.86 431979 01/20/2023 SOUTHERN MANAGEMENT LLC 257.00 431980 01/20/2023 THE TRANSIT GROUP INC 4,155.00 431981 01/20/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 7,325.00 431982 01/20/2023 PROCTOR CONSTRUCTION COMPANY LLC 67,883.37 431983 01/20/2023 LIFESTYLE HOMES BUILDERS INC 10,822.00 431984 01/20/2023 BOWMAN CONSULTING GROUP LTD 9,000.00 431985 01/20/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 431986 01/20/2023 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 46,680.31 431987 01/20/2023 LATITUDE 88 INC 500.00 431988 01/20/2023 CLEAN SPACE INC 15,530.91 431989 01/20/2023 KIB CONSTRUCTION CORP 27,970.00 431990 01/20/2023 SPIEZLE ARCHITECTURAL GROUP INC 391.00 431991 01/20/2023 NORTH DAKOTA CHILD SUPPORT 228.47 431992 01/20/2023 KATE PRIEST LCSW LLC 5,000.00 431993 01/20/2023 CASH MONEY INVESTMENTS LLC 750.00 431994 01/20/2023 CONDEV STORAGE VERO LLC 2,035.74 431995 01/20/2023 WAWA FLORIDA LLC 150.00 431996 01/20/2023 SOUTH SALEM DICKERSON ASSOCIATES LLC 1,025.00 431997 01/20/2023 KATRINA STONE 270.00 431998 01/20/2023 NEIL MARCHIONNI 20.00 431999 01/20/2023 COLIN MALDONADO 978.80 432000 01/20/2023 JONATHAN WHITTLE 60.00 432001 01/20/2023 JOHN OLSSON 210.00 432002 01/20/2023 BAKER TIMOTHY MERRITT & KALEY LYNN 500.00 432003 01/20/2023 UTIL REFUNDS 43.13 432004 01/20/2023 UTIL REFUNDS 25.74 432005 01/20/2023 UTIL REFUNDS 68.04 432006 01/20/2023 UTIL REFUNDS 3.65 432007 01/20/2023 UTIL REFUNDS 89.62 432008 01/20/2023 UTIL REFUNDS 51.96 432009 01/20/2023 UTIL REFUNDS 39.71 432010 01/20/2023 UTIL REFUNDS 55.23 432011 01/20/2023 UTIL REFUNDS 160.49 432012 01/20/2023 UTIL REFUNDS 43.01 432013 01/20/2023 UTIL REFUNDS 50.00 432014 01/20/2023 UTIL REFUNDS 4.95 432015 01/20/2023 UTIL REFUNDS 70.24 432016 01/20/2023 UTIL REFUNDS 128.63 432017 01/20/2023 UTIL REFUNDS 99.42 19 2 TRANS NBR DATE VENDOR AMOUNT 432018 01/20/2023 UTIL REFUNDS 20.47 • 432019 01/20/2023 UTIL REFUNDS 42.92 432020 01/20/2023 UTIL REFUNDS 513.12 432021 01/20/2023 UTIL REFUNDS 69.66 432022 01/20/2023 UTIL REFUNDS 48.46 432023 01/20/2023 UTIL REFUNDS 41.51 432024 01/20/2023 UTIL REFUNDS 138.15 432025 01/20/2023 UTIL REFUNDS 42.49 432026 01/20/2023 UTIL REFUNDS 69.78 432027 01/20/2023 UTIL REFUNDS 28.42 432028 01/20/2023 UTIL REFUNDS 58.63 432029 01/20/2023 UTIL REFUNDS 136.89 432030 01/20/2023 UTIL REFUNDS 16.24 432031 01/20/2023 UTIL REFUNDS 37.92 432032 01/20/2023 UTIL REFUNDS 8.19 432033 01/20/2023 UTIL REFUNDS 37.08 432034 01/20/2023 UTIL REFUNDS 64.45 432035 01/20/2023 UTIL REFUNDS 109.15 432036 01/20/2023 UTIL REFUNDS 30.35 432037 01/20/2023 UTIL REFUNDS 17.57 432038 01/20/2023 UTIL REFUNDS 243.69 432039 01/20/2023 UTIL REFUNDS 71.28 432040 01/20/2023 UTIL REFUNDS 36.60 432041 01/20/2023 UTIL REFUNDS 100.00 432042 01/20/2023 UTIL REFUNDS 28.49 432043 01/20/2023 UTIL REFUNDS 46.30 432044 01/20/2023 UTIL REFUNDS 35.12 432045 01/20/2023 UTIL REFUNDS 5.50 432046 01/20/2023 UTIL REFUNDS 81.99 • 432047 01/20/2023 UTIL REFUNDS 22.15 432048 01/20/2023 UTIL REFUNDS 72.91 432049 01/20/2023 UTIL REFUNDS 25.92 432050 01/20/2023 UTIL REFUNDS 78.74 432051 01/20/2023 UTIL REFUNDS 22.59 432052 01/20/2023 UTIL REFUNDS 115.01 432053 01/20/2023 UTIL REFUNDS 54.33 432054 01/20/2023 UTIL REFUNDS 100.00 432055 01/20/2023 UTIL REFUNDS 23.84 432056 01/20/2023 UTIL REFUNDS 40.44 432057 01/20/2023 UTIL REFUNDS 60.84 432058 01/20/2023 UTIL REFUNDS 83.32 432059 01/20/2023 UTIL REFUNDS 100.57 432060 01/20/2023 UTIL REFUNDS 42.66 432061 01/20/2023 UTIL REFUNDS 80.52 432062 01/20/2023 UTIL REFUNDS 38.87 432063 01/20/2023 UTIL REFUNDS 50.82 432064 01/20/2023 UTIL REFUNDS 41.18 432065 01/20/2023 UTIL REFUNDS 89.23 432066 01/20/2023 UTIL REFUNDS 100.00 432067 01/20/2023 UTIL REFUNDS 50.06 432068 01/20/2023 UTIL REFUNDS 22.14 432069 01/20/2023 UTIL REFUNDS 62.38 432070 01/20/2023 UTIL REFUNDS 65.07 432071 01/20/2023 UTIL REFUNDS 80.16 432072 01/20/2023 UTIL REFUNDS 20.20 432073 01/20/2023 UTIL REFUNDS 58.87 432074 01/20/2023 UTIL REFUNDS 171.48 432075 01/20/2023 UTIL REFUNDS 26.58 432076 01/20/2023 UTIL REFUNDS 63.29 432077 01/20/2023 UTIL REFUNDS 35.03 19 2 20 TRANS NBR DATE VENDOR AMOUNT 432078 01/20/2023 UTIL REFUNDS 17.49 432079 01/20/2023 UTIL REFUNDS 13.87 432080 01/20/2023 UTIL REFUNDS 40.25 432081 01/20/2023 UTIL REFUNDS 21.29 432082 01/20/2023 UTIL REFUNDS 31.74 432083 01/20/2023 UTIL REFUNDS 38.14 432084 01/20/2023 UTIL REFUNDS 63.29 432085 01/20/2023 UTIL REFUNDS 53.83 432086 01/20/2023 UTIL REFUNDS 63.36 432087 01/20/2023 UTIL REFUNDS 69.08 432088 01/20/2023 UTIL REFUNDS 37.24 432089 01/20/2023 UTIL REFUNDS 67.65 432090 01/20/2023 UTIL REFUNDS 75.93 432091 01/20/2023 UTIL REFUNDS 116.45 432092 01/20/2023 UTIL REFUNDS 148.28 432093 01/20/2023 UTIL REFUNDS 63.79 432094 01/20/2023 UTIL REFUNDS 69.08 432095 01/20/2023 UTIL REFUNDS 38.53 432096 01/20/2023 UTIL REFUNDS 73.03 432097 01/20/2023 UTIL REFUNDS 15.56 432098 01/20/2023 FLORIDA WATER & POLLUTION CONTROL 305.00 432099 01/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432100 01/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 432101 01/20/2023 SOUTHEAST DESALTING ASSOCIATION 350.00 432102 01/20/2023 JOSEPH EARMAN 32.13 432103 01/20/2023 JOHN SCOTT DAILEY 650.00 432104 01/20/2023 JOHN SCOTT DAILEY 650.00 432105 01/20/2023 JOSEPH E FLESCHER 32.13 432106 01/20/2023 PORT CONSOLIDATED INC 4,194.97 432107 01/20/2023 GUARDIAN EQUIPMENT INC 10,853.00 432108 01/20/2023 SSES INC 582.22 432109 01/20/2023 RANGER CONSTRUCTION IND INC 551.76 432110 01/20/2023 VERO CHEMICAL DISTRIBUTORS INC 379.95 432111 01/20/2023 RICOH USA INC 26.99 432112 01/20/2023 CHISHOLM CORP OF VERO 244.78 432113 01/20/2023 HENRY SCHEIN INC 424.44 432114 01/20/2023 INDIAN RIVER BATTERY 2,430.05 432115 01/20/2023 GRAINGER 1,033.06 432116 01/20/2023 KELLY TRACTOR CO 250.46 432117 01/20/2023 KELLY TRACTOR CO 1,921.23 432118 01/20/2023 SAFETY KLEEN SYSTEMS INC 477.72 432119 01/20/2023 GRAYBAR ELECTRIC CO INC 1,622.94 432120 01/20/2023 HACH CO 22.39 432121 01/20/2023 AMAZON HOSE & RUBBER COMPANY 9,202.70 432122 01/20/2023 SLP INVESTMENTS INC 3,512.35 432123 01/20/2023 TIRESOLES OF BROWARD INC 2,593.95 432124 01/20/2023 MOTION INDUSTRIES INC 1,384.46 432125 01/20/2023 CALL ONE INC 148.75 432126 01/20/2023 ABCO GARAGE DOOR CO INC 3,138.00 432127 01/20/2023 MIDWEST TAPE LLC 1,883.64 432128 01/20/2023 ODYSSEY MANUFACTURING CO 15,876.00 432129 01/20/2023 HUDSON PUMP & EQUIPMENT 4,747.00 432130 01/20/2023 K & M ELECTRIC SUPPLY INC 43.86 432131 01/20/2023 JIMMYS AIR & REFRIGERATION INC 6,515.09 432132 01/20/2023 INDIAN RIVER COUNTY HEALTH DEPT 75.00 432133 01/20/2023 CITY OF VERO BEACH 8,348.72 432134 01/20/2023 HOME DEPOT USA INC 104.65 432135 01/20/2023 HOME DEPOT USA INC 143.48 • 432136 01/20/2023 JANITORIAL DEPOT OF AMERICA INC 642.31 432137 01/20/2023 TREASURE COAST HOMELESS SERVICES 806.88 20 TRANS NBR DATE VENDOR AMOUNT 432138 01/20/2023 ROGER CLEVELAND GOLF INC 2,047.52 432139 01/20/2023 ACUSHNET COMPANY 1,064.64 432140 01/20/2023 WEST PUBLISHING CORPORATION 202.32 432141 01/20/2023 FEDERAL EXPRESS CORP 170.54 432142 01/20/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 819.78 432143 01/20/2023 COMO OIL COMPANY OF FLORIDA 481.19 432144 01/20/2023 CALLAWAY GOLF SALES COMPANY 5,759.07 432145 01/20/2023 FLORIDA POWER AND LIGHT 23,506.69 432146 01/20/2023 FLORIDA POWER AND LIGHT 6,217.35 432147 01/20/2023 CITY OF FELLSMERE 219.55 432148 01/20/2023 NEW HORIZONS OF THE TREASURE COAST 29,379.50 432149 01/20/2023 GLOBAL GOLF SALES INC 278.71 432150 01/20/2023 LANGUAGE LINE SERVICES INC 111.07 432151 01/20/2023 HIBISCUS CHILDRENS CENTER INC 1,843.31 432152 01/20/2023 COMPLETE ELECTRIC INC 400.00 432153 01/20/2023 FLORIDA EMERGENCY PREPAREDNESS 100.00 432154 01/20/2023 TREASURE COAST SPORTS COMMISSION INC 6,978.12 432155 01/20/2023 TRANSPORTATION CONTROL SYSTEMS 10,049.00 432156 01/20/2023 CHILDRENS HOME SOCIETY OF FL 3,737.94 432157 01/20/2023 ELXSI INC 68.12 432158 01/20/2023 CAROLINA SOFTWARE INC 500.00 432159 01/20/2023 BRIDGESTONE AMERICAS INC 3,524.69 432160 01/20/2023 RECHTIEN INTERNATIONAL TRUCKS 479.22 432161 01/20/2023 ST LUCIE COUNTY BOCC 3,517.65 432162 01/20/2023 HULETT ENVIRONMENTAL SERVICES 457.00 432163 01/20/2023 CINTAS CORPORATION NO 2 98.82 432164 01/20/2023 SYNAGRO-WWT INC 83,425.95 432165 01/20/2023 FASTENAL COMPANY 2,188.85 432166 01/20/2023 THE SHERWIN WILLIAMS CO 382.66 432167 01/20/2023 BONDED LIGHTNING PROTECTION SYSTEMS INC 1,950.00 432168 01/20/2023 SOUTHERN JANITOR SUPPLY INC 59.54 432169 01/20/2023 GLOVER OIL COMPANY INC 54,619.34 432170 01/20/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 9,099.17 432171 01/20/2023 ARDAMAN & ASSOCIATES INC 736.00 432172 01/20/2023 ORCHID ISLAND PROPERTY MGMT II INC 700.00 432173 01/20/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 476.00 432174 01/20/2023 PAK MAIL 15.80 432175 01/20/2023 DUPERON CORPORATION 1,494.26 432176 01/20/2023 CEMEX INC 1,065.96 432177 01/20/2023 PETER J CASSARA 1,280.00 432178 01/20/2023 YOUTH GUIDANCE DONATION FUND 4,625.92 432179 01/20/2023 NICOLACE MARKETING INC 13,707.55 432180 01/20/2023 RANGE SERVANT AMERICA INC 441.75 432181 01/20/2023 HELPING ANIMALS LIVE -OVERCOME 51.00 432182 01/20/2023 STAT MEDICAL DISPOSAL INC 770.00 432183 01/20/2023 OVERDRIVE INC 1,595.06 432184 01/20/2023 XYLEM WATER SOLUTION USA INC 25,881.66 432185 01/20/2023 WILD TURKEY ESTATES OF VERO LLC 479.25 432186 01/20/2023 MUNICIPAL EMERGENCY SERVICES INC 663.95 432187 01/20/2023 TOMCO2 EQUIPMENT COMPANY 5,132.50 432188 01/20/2023 BURNETT LIME CO INC 27,351.82 432189 01/20/2023 HUNTER SOUTHWEST PRODUCTIONS LLC 650.00 432190 01/20/2023 THE LAW OFFICES OF 1,975.00 432191 01/20/2023 COBRA GOLF INCORPORATED 271.29 432192 01/20/2023 CATHEDRAL CORPORATION 1,639.74 432193 01/20/2023 UNIFIRST CORPORATION 1,053.58 432194 01/20/2023 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 1,051.55 432195 01/20/2023 BARSALOU VENTURES LLC 828.41 432196 • 01/20/2023 WURTH USA INC 104.89 432197 01/20/2023 FLORIDA EAST COAST HOLDINGS CORP 6,404.00 21 TRANS NBR DATE VENDOR AMOUNT 432198 01/20/2023 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 432199 01/20/2023 AC VETERINARY SPECIALTY SERVICES 409.16 432200 01/20/2023 MATHESON TRI -GAS INC 10,036.00 432201 01/20/2023 COLE AUTO SUPPLY INC 5,096.32 432202 01/20/2023 GARLAND DBS INC 144,147.33 432203 01/20/2023 KONICA MINOLTA BUSINESS SOLUTIONS 75.66 432204 01/20/2023 BETH NOLAN 198.00 432205 01/20/2023 DAY DREAMS UNIFORMS INC 526.05 432206 01/20/2023 CALVIN GIORDANO & ASSOCIATES INC 28,517.51 432207 01/20/2023 CORE & MAIN LP 17,141.00 432208 01/20/2023 ENGINEERED SERVICES INC 566.68 432209 01/20/2023 IM SOLUTIONS INC 665.00 432210 01/20/2023 AMAZON CAPITAL SERVICES INC 3,580.87 432211 01/20/2023 ACCURATE DIVING BOARD SOLUTIONS LLC 1,980.00 432212 01/20/2023 AMERIGAS PROPANE LP 1,467.12 432213 01/20/2023 DAVID MIKE 70.00 432214 01/20/2023 THE HOPE FOR FAMILIES CENTER INC 3,802.75 432215 01/20/2023 JORDAN POWER EQUIPMENT CORP 204.88 432216 01/20/2023 LIBERTY TIRE RECYCLING LLC 3,515.80 432217 01/20/2023 DERECK R PRINCE 235.00 432218 01/20/2023 MULLINAX FORD OF VERO BEACH 4,675.22 432219 01/20/2023 JUDITH A BURLEY 408.00 432220 01/20/2023 SOMMERS CONSTRUCTION LLC 7,400.00 432221 01/20/2023 DAVID F DELUCA 300.00 432222 01/20/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 271.77 432223 01/20/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 432224 01/20/2023 DESK SPINCO INC 1,105.50 432225 01/20/2023 TREASURE COAST PERCUSSION 150.00 432226 01/20/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,864.88 432227 01/20/2023 FERGUSON US HOLDINGS INC 3,302.50 432228 01/20/2023 BLUE GOOSE CONSTRUCTION LLC 1,068.29 432229 01/20/2023 STAPLES INC 176.05 432230 01/20/2023 LOWES COMPANIES INC 1,349.93 432231 01/20/2023 SMI TRADING LLC 730.08 432232 01/20/2023 NURSERYMENS SURE GRO CORP 104.06 432233 01/20/2023 TOTAL GOLF CART LLC 659.48 432234 01/20/2023 DEX IMAGING LLC 48.86 432235 01/20/2023 THEODORE SEMI 105.00 432236 01/20/2023 QUADMED INC 2,054.56 432237 01/20/2023 J -MAC CLEANING SERVICES INC 433.33 432238 01/20/2023 BRITTON INDUSTRIES INC 210.09 432239 01/20/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 432240 01/20/2023 VERO COLLISION II LLC 533.60 432241 01/20/2023 HIREQUEST LLC 8,169.84 432242 01/20/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,166.85 432243 01/20/2023 A TEAM OF THE TREASURE COAST INC 1,720.00 432244 01/20/2023 CER SIGNATURE CLEANING LLC 3,800.00 432245 01/20/2023 VETERAN FIRE SERVICES INC 1,650.00 432246 01/20/2023 SHAMROCK ENVIRONMENTAL CORPORATION 17,806.10 432247 01/20/2023 CROM LLC 54,972.50 432248 01/20/2023 WESTERN OILFIELDS SUPPLY COMPANY 5,665.22 432249 01/20/2023 SHRIEVE CHEMICAL CO LLC 4,268.73 432250 01/20/2023 BTAC HOLDING CORP 498.88 432251 01/20/2023 TPH HOLDINGS LLC 119.41 432252 01/20/2023 CRYSTAL MCANELLY DIVERS 70.00 432253 01/20/2023 RONALD MARASCO SR 95.00 432254 01/20/2023 MIWANA SARGENT 60.00 432255 01/20/2023 ANCHOR MECHANICAL INC 500.00 432256 01/20/2023 LOGAN PERALTA 2,100.00 432257 01/20/2023 STEVENS & STEVENS BUSINESS RECORDS MANAGEM 5,641.28 22 23 TRANS NBR DATE VENDOR AMOUNT 432258 01/20/2023 ISIMULATE 8,995.00 432259 01/20/2023 BLUETARP FINANCIAL INC 1,099.23 432260 01/20/2023 BIG TOP SERVICES INC 23,000.00 432261 01/20/2023 FLEETPRIDE INC 1,719.45 432262 01/20/2023 SEBASTIAN SANDS MOTEL LLC 750.00 432263 01/20/2023 SUNSET MOBILE HOME COURT 300.00 432264 01/26/2023 AT&T WIRELESS 172.92 432265 01/26/2023 AT&T WIRELESS 345.84 432266 01/26/2023 AT&T WIRELESS 298.70 432267 01/26/2023 AT&T WIRELESS 899.73 432268 01/26/2023 AT&T WIRELESS 157.26 432269 01/26/2023 AT&T WIRELESS 205.95 432270 01/26/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 2,323.75 432271 01/26/2023 CLERK OF CIRCUIT COURT 108.00 432272 01/26/2023 INDIAN RIVER COUNTY HEALTH DEPT 46,583.66 432273 01/26/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 432274 01/26/2023 ROGER J NICOSIA 1,500.00 432275 01/26/2023 CITY OF VERO BEACH 2,230.27 432276 01/26/2023 CITY OF VERO BEACH 11,987.50 432277 01/26/2023 AT&T CORP 9.71 432278 01/26/2023 INTERNATIONAL GOLF MAINTENANCE INC 990.00 432279 01/26/2023 STATE ATTORNEY 27,729.81 432280 01/26/2023 JAMES E CLOUGHLEY 180.00 432281 01/26/2023 CLARK GERSTNER 104.31 432282 01/26/2023 ST LUCIE COUNTY BOCC 59,533.16 432283 01/26/2023 CELICO PARTNERSHIP 1.26 432284 01/26/2023 MBV ENGINEERING INC 18,241.00 432285 01/26/2023 PATRICIA BRITTON 28.25 432286 01/26/2023 FISHER & PHILLIPS LLP 8,742.00 • 432287 01/26/2023 PATRIOT PRODUCTIONS LLC 500.00 432288 01/26/2023 STATE OF FLORIDA 19,672.84 432289 01/26/2023 DON HINKLE CONSTRUCTION INC 62,044.67 432290 01/26/2023 ACP FACILITY SERVICES 11,736.91 432291 01/26/2023 OHLA USA INC 59,348.93 432292 01/26/2023 VILLAS OF CITRUS SPRINGS HOA 5,984.95 432293 01/26/2023 MICHAEL SICILIANO 21.99 432294 01/26/2023 JOHN CAIRNS 400.00 432295 01/26/2023 STEPHEN WHITMEY 55.42 432296 01/26/2023 BENCION ZINGER 25.00 432297 01/26/2023 UTIL REFUNDS 87.03 432298 01/26/2023 UTIL REFUNDS 29.59 432299 01/26/2023 UTIL REFUNDS 30.95 432300 01/26/2023 UTIL REFUNDS 8.78 432301 01/26/2023 UTIL REFUNDS 25.60 432302 01/26/2023 UTIL REFUNDS 21.76 432303 01/26/2023 UTIL REFUNDS 200.00 432304 01/26/2023 UTIL REFUNDS 56.25 432305 01/26/2023 UTIL REFUNDS 30.01 432306 01/26/2023 UTIL REFUNDS 342.67 432307 01/26/2023 UTIL REFUNDS 30.13 432308 01/26/2023 UTIL REFUNDS 158.47 432309 01/26/2023 UTIL REFUNDS 35.03 432310 01/26/2023 UTIL REFUNDS 112.39 432311 01/26/2023 UTIL REFUNDS 106.14 432312 01/26/2023 UTIL REFUNDS 74.27 432313 01/26/2023 UTIL REFUNDS 1.71 432314 01/26/2023 UTIL REFUNDS 86.75 432315 01/26/2023 UTIL REFUNDS 41.09 432316 01/26/2023 UTIL REFUNDS 30.61 432317 01/26/2023 UTIL REFUNDS 72.90 23 24 TRANS NBR DATE VENDOR AMOUNT 432318 01/26/2023 UTIL REFUNDS 56.35 432319 01/26/2023 UTIL REFUNDS 330.04 432320 01/26/2023 UTIL REFUNDS 35.81 432321 01/26/2023 UTIL REFUNDS 82.21 432322 01/26/2023 UTIL REFUNDS 5.01 432323 01/26/2023 UTIL REFUNDS 67.56 432324 01/26/2023 UTIL REFUNDS 67.61 432325 01/26/2023 UTIL REFUNDS 87.03 432326 01/26/2023 UTIL REFUNDS 66.76 432327 01/26/2023 UTIL REFUNDS 79.45 432328 01/26/2023 UTIL REFUNDS 21.03 432329 01/26/2023 UTIL REFUNDS 66.98 432330 01/26/2023 UTIL REFUNDS 71.85 432331 01/26/2023 UTIL REFUNDS 43.18 432332 01/26/2023 UTIL REFUNDS 616.45 432333 01/26/2023 UTIL REFUNDS 85.38 432334 01/26/2023 UTIL REFUNDS 69.68 432335 01/26/2023 UTIL REFUNDS 45.51 432336 01/26/2023 UTIL REFUNDS 45.34 432337 01/26/2023 UTIL REFUNDS 11.43 432338 01/26/2023 UTIL REFUNDS 28.30 432339 01/26/2023 UTIL REFUNDS 42.91 432340 01/26/2023 UTIL REFUNDS 63.86 432341 01/26/2023 UTIL REFUNDS 132.19 432342 01/26/2023 UTIL REFUNDS 109.86 432343 01/26/2023 UTIL REFUNDS 39.85 432344 01/26/2023 UTIL REFUNDS 66.41 432345 01/26/2023 UTIL REFUNDS 84.02 432346 01/26/2023 FLORIDA RECREATION & PARK ASSOC INC 1,400.00 . 432347 01/26/2023 JOHN SCOTT DAILEY 650.00 432348 01/26/2023 SOUTHEAST REGIONAL SEA TURTLE NETWORK INC 90.00 432349 01/26/2023 PORT CONSOLIDATED INC 1,223.32 432350 01/26/2023 COMMUNICATIONS INTERNATIONAL 17,823.25 432351 01/26/2023 TEN-8 FIRE EQUIPMENT INC 1,209.05 432352 01/26/2023 RANGER CONSTRUCTION IND INC 625.68 432353 01/26/2023 VERO CHEMICAL DISTRIBUTORS INC 1,027.75 432354 01/26/2023 RICOH USA INC 5.38 432355 01/26/2023 RICOH USA INC 129.91 432356 01/26/2023 HENRY SCHEIN INC 2,514.36 432357 01/26/2023 DATA FLOW SYSTEMS INC 877.00 432358 01/26/2023 PARALEE COMPANY INC 2,051.70 432359 01/26/2023 INDIAN RIVER BATTERY 951.40 432360 01/26/2023 GRAINGER 421.89 432361 01/26/2023 SAFETY KLEEN SYSTEMS INC 400.00 432362 01/26/2023 APPLE INDUSTRIAL SUPPLY CO 225.02 432363 01/26/2023 LFI FORT PIERCE INC 2,449.13 432364 01/26/2023 BOUND TREE MEDICAL LLC 5,962.26 432365 01/26/2023 TIRESOLES OF BROWARD INC 8,607.90 432366 01/26/2023 CHILDCARE RESOURCES OF IRC INC 33,646.93 432367 01/26/2023 DELL MARKETING LP 12,749.00 432368 01/26/2023 MIDWEST TAPE LLC 1,814.20 432369 01/26/2023 NORTHERN SAFETY CO INC 149.40 432370 01/26/2023 ODYSSEY MANUFACTURING CO 20,575.80 432371 01/26/2023 CENGAGE LEARNING INC 340.34 432372 01/26/2023 SOFTWARE HARDWARE INTEGRATION 221,335.75 432373 01/26/2023 SUNSHINE REHABILATION CENTER OF IRC INC 1,870.00 432374 01/26/2023 WILLIE C REAGAN 850.00 432375 01/26/2023 CREATIVE CHOICE HOMES XVI LTD 300.00 • 432376 01/26/2023 CLERK OF CIRCUIT COURT 595.00 432377 01/26/2023 CITY OF VERO BEACH 36.78 24 25 TRANS NBR DATE VENDOR AMOUNT 432378 01/26/2023 INDIAN RIVER ALL FAB INC 2,160.00 432379 01/26/2023 HOME DEPOT USA INC 1,464.10 432380 01/26/2023 HOME DEPOT USA INC 40.97 432381 01/26/2023 UNITED STATES POSTAL SERVICE 20,000.00 432382 01/26/2023 MATTHEW BENDER & CO INC 390.31 432383 01/26/2023 JANITORIAL DEPOT OF AMERICA INC 253.72 432384 01/26/2023 TREASURE COAST HOMELESS SERVICES 19,318.50 432385 01/26/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 432386 01/26/2023 PUBLIC SUPERMARKETS 25.67 432387 01/26/2023 UNIVERSITY OF FLORIDA 590.00 432388 01/26/2023 ROGER CLEVELAND GOLF INC 6,903.31 432389 01/26/2023 ACUSHNET COMPANY 2,856.21 432390 01/26/2023 FEDERAL EXPRESS CORP 33.59 432391 01/26/2023 COMO OIL COMPANY OF FLORIDA 431.81 432392 01/26/2023 CALLAWAY GOLF SALES COMPANY 212.10 432393 01/26/2023 FLORIDA POWER AND LIGHT 78,046.17 432394 01/26/2023 FLORIDA POWER AND LIGHT 1,099.09 432395 01/26/2023 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 432396 01/26/2023 TAYLOR MADE GOLF CO INC 613.04 432397 01/26/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 16,805.91 432398 01/26/2023 CITY OF FELLSMERE 180.98 432399 01/26/2023 STRUNK FUNERAL HOMES & CREMATORY 425.00 432400 01/26/2023 TROY FAIN INSURANCE INC 136.95 432401 01/26/2023 TROY FAIN INSURANCE INC 111.95 432402 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432403 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432404 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432405 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432406 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432407 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432408 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432409 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432410 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432411 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432412 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432413 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432414 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432415 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432416 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432417 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432418 01/26/2023 BUILDING OFFICIALS ASSOC OF FLORIDA 85.00 432419 01/26/2023 IRC HEALTHY START COALITION INC 26,874.95 432420 01/26/2023 TREASURE COAST FIRE CHIEFS 325.00 432421 01/26/2023 SOLID WASTE ASSOC OF NORTH AMERICA 490.00 432422 01/26/2023 GIFFORD COMMUNITY CENTER 3,211.17 432423 01/26/2023 LARRY STALEY 706.00 432424 01/26/2023 G K ENVIRONMENTAL INC 4,750.00 432425 01/26/2023 CHILDRENS HOME SOCIETY OF FL 2,250.00 432426 01/26/2023 CHILDRENS HOME SOCIETY OF FL 3,973.72 432427 01/26/2023 IRONSIDE PRESS LLC 330.44 432428 01/26/2023 DAVID SPARKS 808.00 432429 01/26/2023 FORT PIERCE HOUSING AUTHORITY 825.00 432430 01/26/2023 FLORIDA ASSOC OF CODE ENFORCEMENT 75.00 432431 01/26/2023 MIDWEST MOTOR SUPPLY CO 823.92 432432 01/26/2023 ECONOLITE CONTROL PRODUCTS INC 18,671.32 432433 01/26/2023 RECHTIEN INTERNATIONAL TRUCKS 247.99 432434 01/26/2023 ST LUCIE COUNTY BOCC 3,096.30 432435 01/26/2023 THE PALMS AT VERO BEACH 2,504.00 432436 01/26/2023 TRANE US INC 4,714.00 432437 01/26/2023 HULETT ENVIRONMENTAL SERVICES 383.00 25 TRANS NBR DATE VENDOR AMOUNT 432438 01/26/2023 ARTHUR PRUETT 798.00 432439 01/26/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 432440 01/26/2023 POLYDYNE INC 7,498.00 432441 01/26/2023 BIG BROTHERS AND BIG SISTERS 8,099.20 432442 01/26/2023 FLORIDA RURAL LEGAL SERVICES INC 2,434.12 432443 01/26/2023 BRIDGESTONE GOLF INC 284.34 432444 01/26/2023 THE SHERWIN WILLIAMS CO 69.90 432445 01/26/2023 SOUTHERN JANITOR SUPPLY INC 2,872.53 432446 01/26/2023 MICHAEL JAHOLKOWSKI 554.00 432447 01/26/2023 JACKS COMPLETE TREE SERVICE INC 1,000.00 432448 01/26/2023 GLOVER OIL COMPANY INC 89,170.22 432449 01/26/2023 MITCHELL REPAIR INFORMATION COMPANY LLC 4,927.20 432450 01/26/2023 ARDAMAN & ASSOCIATES INC 2,108.50 432451 01/26/2023 RICHARD SCHLITT 862.00 432452 01/26/2023 ORCHID ISLAND PROPERTY MGMT H INC 15,881.28 432453 01/26/2023 SUNCOAST REALTY & RENTAL MGMT LLC 753.00 432454 01/26/2023 PAMELA R CUMMINGS 689.00 432455 01/26/2023 JOHNNY B SMITH 245.00 432456 01/26/2023 MENTAL HEALTH ASSOCIATION IRC INC 18,870.25 432457 01/26/2023 GLOBALSTAR USA 224.11 432458 01/26/2023 INDIAN RIVER RDA LP 532.00 432459 01/26/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 6,369.87 432460 01/26/2023 AFFORDABLE WATER & COFFEE SVC 52.50 432461 01/26/2023 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 7,900.99 432462 01/26/2023 NICOLACE MARKETING INC 4,201.00 432463 01/26/2023 HOWARD WOODROW & ASSOCIATES INC 875.00 432464 01/26/2023 ALERT ALL CORPORATION 883.00 432465 01/26/2023 OKEECHOBEE PARTNERS LLC 1,050.00 432466 01/26/2023 BRENNTAG MID -SOUTH INC 13,259.64 432467 01/26/2023 OVERDRIVE INC 3,147.17 432468 01/26/2023 MISS INC OF THE TREASURE COAST 2,127.00 432469 01/26/2023 GFA INTERNATIONAL INC 22,977.50 432470 01/26/2023 MARION COUNTY PUBLIC LIBRARY 12.00 432471 01/26/2023 FIVE STAR PROPERTY HOLDING LLC 1,060.00 432472 01/26/2023 MUNICIPAL EMERGENCY SERVICES INC 845.89 432473 01/26/2023 BURNETT LIME CO INC 11,885.60 432474 01/26/2023 STRAIGHT OAK LLC 25.15 432475 01/26/2023 STEWART & STEVENSON FDDA LLC 12,141.91 432476 01/26/2023 CHEMTRADE CHEMICALS CORPORTATION 4,690.81 432477 01/26/2023 STS MAINTAIN SERVICES INC 14,371.40 432478 01/26/2023 COBRA GOLF INCORPORATED 727.80 432479 01/26/2023 HAWKINS INC 1,102.50 432480 01/26/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 836.00 432481 01/26/2023 AUGUSTUS B FORT JR 939.00 432482 01/26/2023 UNIFIRST CORPORATION 963.13 432483 01/26/2023 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 428.02 432484 01/26/2023 H&H SHADOWBROOK LLC 737.00 432485 01/26/2023 CDA SOLUTIONS INC 180.00 432486 01/26/2023 WILSON SPORTING GOODS CO 1,491.61 432487 01/26/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 42.34 432488 01/26/2023 GOTTA GO GREEN ENTERPISES INC 280.76 432489 01/26/2023 CROSSOVER MISSION INC 7,083.00 432490 01/26/2023 AC VETERINARY SPECIALTY SERVICES 70.00 432491 01/26/2023 WEDGEWOOD RENTALS LLC 768.00 432492 01/26/2023 ALIX DENEAU 750.00 432493 01/26/2023 MATHESON TRI -GAS INC 5,200.00 432494 01/26/2023 COLE AUTO SUPPLY INC 5,663.26 432495 01/26/2023 KONICA MINOLTA BUSINESS SOLUTIONS 84.59 432496 01/26/2023 DAY DREAMS UNIFORMS INC 738.92 432497 01/26/2023 NKW PIP HOLDINGS I LLC 942.00 KLV TRANS NBR DATE VENDOR AMOUNT 432498 01/26/2023 GOVDIRECT INC 2,460.00 432499 01/26/2023 CORE & MAIN LP 16,517.67 432500 01/26/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,038.40 432501 01/26/2023 KARLPOKRANDT 1,109.00 432502 01/26/2023 LAURAYONKERS 255.00 432503 01/26/2023 DIRECTV GROUP INC 102.39 432504 01/26/2023 BRANDON ROUER 3,230.00 432505 01/26/2023 HINTERLAND GROUP INC 30,098.90 432506 01/26/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 432507 01/26/2023 AMAZON CAPITAL SERVICES INC 7,467.15 432508 01/26/2023 PACE ANALYTICAL SERVICES LLC 226.80 432509 01/26/2023 PACE ANALYTICAL SERVICES LLC 167.53 432510 01/26/2023 AMERIGAS PROPANE LP 3,303.69 432511 01/26/2023 NUTTING ENGINEERS OF FLORIDA INC 207.50 432512 01/26/2023 DAVID MIKE 50.00 432513 01/26/2023 CK CONTRACTORS & DEVELOPMENT LLC 80,034.49 432514 01/26/2023 MULLINAX FORD OF VERO BEACH 592.57 432515 01/26/2023 SHARON P BRENNAN 602.00 432516 01/26/2023 KRONOS SAASHR INC 90.72 432517 01/26/2023 DESK SPINCO INC 1,002.78 432518 01/26/2023 DESK SPINCO INC 26.00 432519 01/26/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,481.15 432520 01/26/2023 MT CAUSLEY LLC 24,948.00 432521 01/26/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 432522 01/26/2023 BLUE GOOSE CONSTRUCTION LLC 2,495.13 432523 01/26/2023 ORCHARD GROVE VENTURE LLC 675.00 432524 01/26/2023 STAPLES INC 507.32 432525 01/26/2023 LOWES COMPANIES INC 3,365.01 432526 01/26/2023 SMI TRADING LLC 161.46 432527 01/26/2023 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 432528 01/26/2023 TOTAL GOLF CART LLC 299.34 432529 01/26/2023 BREGO PROPERTIES LLC 750.00 432530 01/26/2023 SPORTS ENGINE INC 185.00 432531 01/26/2023 ROBERT A HUDSON 200.00 432532 01/26/2023 SREIT LEXINGTON CLUB LLC 4,476.00 432533 01/26/2023 THEODORE SEMI 105.00 432534 01/26/2023 QUADMED INC 2,946.45 432535 01/26/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 432536 01/26/2023 COASTAL DOORS LLC 1,760.00 432537 01/26/2023 MARLBROS HOLDINGS LLC 1,341.00 432538 01/26/2023 AQUATIC WEED CONTROL INC 145.00 432539 01/26/2023 BRITTON INDUSTRIES INC 138.95 432540 01/26/2023 FUN EXPRESS LLC 49.92 432541 01/26/2023 LAWRENCE F WALLIN 155.00 432542 01/26/2023 HIREQUEST LLC 7,022.72 432543 01/26/2023 PETERBILT STORE SOUTH FLORIDA LLC 8,192.27 432544 01/26/2023 SEUNG KIM 708.00 432545 01/26/2023 NEX-GEN PARTNERS LLC 4,719.00 432546 01/26/2023 CER SIGNATURE CLEANING LLC 11,075.00 432547 01/26/2023 EZAS INVESTMENTS LLC 1,300.00 432548 01/26/2023 MICHAEL MILLER 1,361.00 432549 01/26/2023 JBM PROPERTY MANAGEMENT LLC 1,400.00 432550 01/26/2023 MARUBENI AMERICA CORPORATION 840.30 432551 01/26/2023 RS REALTY ADVISORS LLC 2,905.00 432552 01/26/2023 SCOTT B MCKINLEY 50.00 432553 01/26/2023 A&B FENCE CO LLC 18,745.55 432554 01/26/2023 WILLIAM J LAHEY 1,900.00 432555 01/26/2023 SONIA SUSAN SOSA 993.00 432556 01/26/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 2,450.00 432557 01/26/2023 BTAC HOLDING CORP 4,367.63 2% 10 TRANS NBR DATE VENDOR AMOUNT 432558 01/26/2023 PB PARENT HOLDCO LP 68.00 432559 01/26/2023 FS.COM INC 59.00 432560 01/26/2023 VAC -CON INC 473,255.70 432561 01/26/2023 SEVEN ISLES CAPITAL 484.00 432562 01/26/2023 OSCARALVARADO 709.00 432563 01/26/2023 RONALD MARASCO SR 130.00 432564 01/26/2023 TAYLOR NELSON AUXIER 175.00 432565 01/26/2023 KAREN CHENNELL 2,243.00 432566 01/26/2023 JT VERO PROPERTIES LLC 3,648.00 432567 01/26/2023 DE 2018 PLLC 1,198.00 432568 01/26/2023 PREMIER NURSERIES LLC 7,282.72 432569 01/26/2023 SM REALTY PARTNERS LLC 2,207.00 432570 01/26/2023 BLUETARP FINANCIAL INC 193.95 432571 01/26/2023 IXORIA RE LLC 2,465.00 432572 01/26/2023 DONNA W ROBERTS 120.00 432573 01/26/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,578.00 432574 01/26/2023 ACUANTIA INC 30,075.00 432575 01/26/2023 JORDAN PARKER 75.00 432576 01/26/2023 JB JONES JR 721.00 432577 01/26/2023 UNA GRAHAM 1,400.00 432578 01/26/2023 HAR-RO PROPERTIES LLC 1,030.00 Grand Total: 3,374,870.71 • • 11 U • �J RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902420 01/20/2023 902421 01/20/2023 902422 01/20/2023 902423 01/20/2023 902424 01/20/2023 902425 01/20/2023 902426 01/26/2023 Grand Total: VENDOR INDIAN RIVER COUNTY HOUSING AUTHORITY PELICAN ISLES LP ORCHARD GROVE VENTURE LLC SREIT LEXINGTON CLUB LLC STREIT RIVER PARK PLACE LLC STARWOOD REIT OPERATING PARTNERSHIP LP NAN MCKAY AND ASSOCIATES INC AMOUNT 941.00 304.00 665.00 578.00 409.00 651.00 239.00 3,787.00 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020288 01/20/2023 UNIVERSAL SIGNS & ACCESSORIES 98.25 1020289 01/20/2023 INDIAN RIVER OXYGEN INC 116.25 1020290 01/20/2023 RING POWER CORPORATION 6,301.95 1020291 01/20/2023 AMERICAN CONCRETE INDUSTRIES INC 747.00 1020292 01/20/2023 MIKES GARAGE & WRECKER SERVICE INC 125.00 1020293 01/20/2023 DAVES SPORTING GOODS & TROPHIES 1,095.10 1020294 01/20/2023 GALLS LLC 2,514.13 1020295 01/20/2023 MEEKS PLUMBING INC 832.00 1020296 01/20/2023 IRRIGATION CONSULTANTS UNLIMITED INC 128.92 1020297 01/20/2023 GROVE WELDERS INC 1,449.72 1020298 01/20/2023 SOUTHERN COMPUTER WAREHOUSE INC 2,173.39 1020299 01/20/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 213.25 1020300 01/20/2023 SPINNAKER VERO INC 98.00 1020301 01/20/2023 AUTO PARTNERS LLC 188.79 1020302 01/20/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020303 01/20/2023 GUARDIAN ALARM OF FLORIDA LLC 5,313.13 1020304 01/20/2023 NEXAIR LLC 92.14 1020305 01/20/2023 EFE INC 11,310.33 1020306 01/20/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 374.45 1020307 01/20/2023 FIRST HOSPITAL LABORATORIES INC 248.00 1020308 01/26/2023 PARKS RENTAL & SALES INC 507.00 1020309 01/26/2023 RING POWER CORPORATION 28,942.42 1020310 01/26/2023 MIKES GARAGE & WRECKER SERVICE INC 495.00 1020311 01/26/2023 GALLS LLC 494.33 1020312 01/26/2023 MEEKS PLUMBING INC 339.00 1020313 01/26/2023 IRRIGATION CONSULTANTS UNLIMITED INC 616.78 1020314 01/26/2023 GROVE WELDERS INC 1,134.85 1020315 01/26/2023 SOUTHERN COMPUTER WAREHOUSE INC 199.56 1020316 01/26/2023 COMPLETE RESTAURANT EQUIPMENT LLC 373.50 1020317 01/26/2023 AUTO PARTNERS LLC 1,900.19 1020318 01/26/2023 HYDRA SERVICE (S) INC 33,270.00 1020319 01/26/2023 GUARDIAN ALARM OF FLORIDA LLC 550.00 1020320 01/26/2023 NEXAIR LLC 52.99 1020321 01/26/2023 EFE INC 773.20 1020322 01/26/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 1020323 01/26/2023 CARLON INC 1,043.00 1020324 01/26/2023 FIRST HOSPITAL LABORATORIES INC 35.00 Grand Total: 104,301.52 • 30 A 0 • ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10226 01/20/2023 IRC FIRE FIGHTERS ASSOC 9,949.76 10227 01/20/2023 TEAMSTERS LOCAL UNION #769 5,247.50 10228 01/20/2023 FL SDU 3,161.94 10229 01/20/2023 INDIAN RIVER COUNTY SHERIFF 155,503.78 10230 01/20/2023 INDIAN RIVER COUNTY SHERIFF 26,618.78 10231 01/20/2023 CULTURAL COUNCIL OF IRC 8,932.45 10232 01/20/2023 SAVE ON SP LLC 15,285.65 10233 01/20/2023 LINCOLN RETIREMENT 87,407.23 10234 01/23/2023 IRS -PAYROLL TAXES 579,697.62 10235 01/24/2023 CITY OF SEBASTIAN 60,280.57 10236 01/24/2023 ALLEN CONCRETE & MASONRY INC 210,600.38 10237 01/25/2023 TIMOTHY ROSE CONTRACTING INC 318,457.27 10238 01/25/2023 EDH HOLDINGS LLC 5,369.00 10239 01/26/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,612.70 10240 01/26/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 37,509.35 10241 01/26/2023 MUTUAL OF OMAHA 2,703.75 10242 01/26/2023 VEROTOWN LLC 145,417.83 ** 10244 01/26/2023 EDH HOLDINGS LLC 8,920.37 Grand Total: 1,690,675.93 ** ACH number 10243 skipped in error. 31 • • Irb CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 23, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension and Amendment to Agreements for Custodial Services at County -Owned Facilities BACKGROUND: On March 2, 2021, the Board awarded bid 2021013 for custodial services at County -owned facilities to, and approved agreements with, Clean Space, Inc., for the Courthouse and Main Library, and to C.E.R. Signature Cleaning for the 43 d Avenue Facilities and North County Offices. The first extensions to the agreements were approved by the Board on March 8, 2022 and are set to expire on March 31, 2023. A single one-year extension is available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. Staff has been satisfied with the services provided by both C.E.R Signature Cleaning, and Clean Space, Inc. Both firms have agreed to exercise the second renewals, with a 3% rate increase. FUNDING: Fundine is available as follows: Group Account Number Account Name Annual Cost Clean Space, Inc. Courthouse 00122019-033410 General Fund/Facilities Management/ Janitorial Services $137,725.12 Main Library 00110971-033410 General Fund/Main Library/ Janitorial Services $54,236.40 C.E.R. Signature Cleaning North County Library 00111271-033410 General Fund/North County Library/ Janitorial Services $45,484.80 43rd Ave Admin Annex 00122019-033410 General Fund/Facilities Management/ Janitorial Services $111,944.52 Traffic Ops Ctr 11124541-033410 Transportation Fund/Traffic Engineering/Janitorial Services $7,725.00 32 • Bid 2021013 RECOMMENDATION: Staff recommends the Board approve the Second Extensions and Amendments, and authorize the Chairman to execute them after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Second Extension and Amendment — CER Second Extension and Amendment — Clean Space 33 • SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR ANNUAL CUSTODIAL SERVICES • This Second Extension and Amendment to that certain Agreement to provide Annual Custodial Services is entered into effective as of April 1, 2023, by and between Indian River County, a political subdivision of the State of Florida ("County") and C.E.R. Signature Cleaning ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Custodial Services effective April 1, 2021; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of April 1, 2021 and ended on March 31, 2022; and WHEREAS, the first extension commenced affective April 1, 2022 and will end on March 31, 2023; and WHEREAS, the parties have agreed to updated pricing, see Exhibit 1; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and 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 Second Extension. 2. The second renewal term shall commence effective April 1, 2023 and shall end on March 31, 2024. There are no remaining renewals. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 34 IN WITNESS WHEREOF, the parties have caused this Second Extension and Amendment to be executed effective the day and year first set forth above. C.E.R. Signature Cleaning By: Printed name: Title: (Corporate Seal) Date: • • INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller IM Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 35 4 EXHIBIT 1 -UPDATED CER PRICING Facility Monthly Amount Annual Amount New Monthly Amount New Annual Amount 43rd Avenue Complex 43rd Ave. Administration Annex $2,475.00 $29,700.00 $2,549.25 $30,591.00 Emergency Operations Center $1,200.00 $14,400.00 $1,236.00 $14,832.00 Traffic Operations Center $625.00 $7,500.00 $643.75 $7,725.00 Sheriff's Administration Buildings $2,989.50 $35,874.00 $3,079.19 $36,950.22 Sheriffs Human Resources $375.00 $4,500.00 $386.25 $4,635.00 Sheriff's Crime Scene Facility $337.50 $4,050.00 $347.63 $4,171.50 Sheriff's Hangar $300.00 $3,600.00 $309.00 $3,708.00 Sebastian Corners $630.00 $7,560.00 $648.90 $7,786.80 Sheriff's Modular "K" Building $750.00 $9,000.00 $772.50 $9,270.00 Totals for: 43 d Ave Complex $9,682.00 $116,184.00 $9,972.47 $119,669.52 Totals for: North County Library $3,680.00 $44,160.00 $3,790.40 $45,484.80 Group 3 Totals $13,362.00 $160,344.00 $13,762.87 $165,154.32 11 36 • SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR ANNUAL CUSTODIAL SERVICES This Second Extension and Amendment to that certain Agreement to provide Annual Custodial Services is entered into effective as of April 1, 2023, by and between Indian River County, a political subdivision of the State of Florida ("County") and Clean Space, Inc ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Custodial Services effective April 1, 2021; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of April 1, 2021 and ended on March 31, 2022; and WHEREAS, the first extension commences effective April 1, 2022 and will end on March 31, 2023; and WHEREAS, the parties have agreed to updated pricing, see Exhibit 1; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and 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 Second Extension. 2. The second renewal term shall commence effective April 1, 2023 and shall end on March 31, 2024. There are no remaining renewals. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 37 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Clean Space, Inc By: Printed name: Title: (Corporate Seal) Date: • • INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Lo Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Lo Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney KN 0 EXHIBIT 1 -UPDATED CLEAN SPACE PRICING • • Facility Monthly Amount Annual Amount New Monthly Amount New Annual Amount Group 1: Judicial Complex Judicial Center $11,142.00 $133,704.00 $11,476.26 $137,725.12 Main Library $4,388.06 $52,656.72 $4,519.70 $54,236.42 Totals for Group 1: Judicial Complex $15,530.06 $186,360.72 $15,995.96 $191,961.54 39 Consent Item ()- Indian River County, Florida Department of Utility Services Board Memorandum Date: January 23, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Hanlex Vero Beach LLC Developer's Agreement Background: Indian River County Department of Utility Services (IRCDUS) would like to enter into an agreement with the developer Hanlex Vero Beach LLC (Hanlex) of the Dollar General on 27th Avenue SW. for the cost sharing of upsizing the 8" water main that would feed them to a 12" water main. IRCDUS has also asked the developer to continue the 12" water main south of the development approximately 460' to the southernmost county road (25th Street SW) in order to provide an adequate supply of water to the project and to residents in the southern portion of the county. The Developer shall cover 42% of the total estimated cost of the project. The Developer's share is based on the cost that they would have incurred had they only been required to connect their development. Funding: Funding in the amount of $111,000.00 for the project will be accounted for in the Impact Fee/Dollar General 27th Ave SW account, number 472-169000-23502. Funds for this project are derived from capital funding. Capital funding is generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Description Account Number Amount Impact Fee/Dollar General 27t Ave SW 1 472-169000-23502 $111,000.00 Recommendation: Staff recommends that the Board of County Commissioners approve the Hanlex Vero Beach LLC Developer's Agreement with the County, and authorize the Chairman to execute the agreement to reimburse Hanlex Vero Beach LLC in the amount of $111,000.00 for the work performed in the agreement. Attachment: 1. Developers Agreement between Hanlex Vero Beach LLC and IRC • Page 1pfd AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND HANLEX VERO BEACH LLC FOR DOLLAR GENERAL 27th AVENUE SW FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT ("Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and (Hanlex Vero Beach LLC), the address of which is (1000 Color Place Apopka, FL. 32703) (hereinafter the "DEVELOPER") is effective upon execution by the two parties ("Effective Date"). WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at Dollar General 27th Avenue SW is constructing water facilities to the subject property located at 2480 27th Avenue SW, whose legal description is attached as Exhibit "A" (the "Subject Property"); and WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the regional water main and force main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to reimburse the DEVELOPER, as provided herein, for the cost of oversizing off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: 1. OFF-SITE UTILITIES: The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department ("IRCDUS"). The COUNTY shall reimburse the DEVELOPER for installing off-site utilities as outlined below: The COUNTY shall reimburse the DEVELOPER for oversizing the installation of a water main from 8 -inch diameter to 12 -inch diameter along the east side of 27th Avenue SW from the termination of the existing 12 -inch diameter water main to the Subject Property, a distance of approximately 895 linear feet, and extending the 12 -inch diameter water main from the service point of the Subject Property to connect to an existing 6 -inch diameter water main along 25th Street SW, a distance of approximately 460 linear feet for a total of approximately Page 1 0 1,355 linear feet (the "Water Main") Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 201.11, of the Code, for funds advanced by DEVELOPER to oversize the off-site Water Main. COUNTY shall reimburse DEVELOPER in accordance with Exhibit "B" for oversizing and extending the off-site Water Main. The actual reimbursement amounts shall be based on Exhibit C but in no event shall the County cost share exceed $111,000.00. Within 30 calendar days of acceptance of the bill of sale for the Water Main and submittal of the necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost of the Water Main, as set forth in Exhibit "B". 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement so long as the assignment bears acknowledgment of the assignee and the other party. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the DEVELOPER, nor any assignee, shall have the right to transfer these rights to another property unless this Agreement is amended in writing. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 5. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a Right -of -Way permit (ROW), which includes, but is not limited to meeting all security requirements of section 312.11 of the Code, to the Florida Department of Environmental Protection (FDEP) for a general permit, and for all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, • as the identity of the party or parties may require. 42 Page 2 0 • 8. DEVELOPER'S Obligations: The design, preparation of contract documents, permitting, and construction of the Water Main shall be the DEVELOPER's responsibility and expense until such time the necessary testing, acceptance of the FDEP Certification of Completion, and acceptance of the Water Main dedication to IRCDUS per IRCDUS's Water & Wastewater Utility Standards, May 2019 or latest edition, has been completed and 1 -year warranty is in place. 10. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 11. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 12. Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval bythe COUNTY'S risk manager in an amount not less than $3,000,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of statutory workers' compensation insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance. Page 3 M, iThe DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, • including attorney fees, that may be rendered against the COUNTY or against the COUNTY'S officers, employees or agents in connection therewith. 13. Maintenance Security: The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide security asset forth herein, subject to the COUNTY'S approval, for a period of one (1) year after the COUNTY'S acceptance of the improvements, plus an additional three (3) months, for an aggregate of fifteen (15) months. The maintenance security may only be in one of the following forms: (a) cash, whereupon the COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit Agreement; (b) Letter of Credit, in the County's standard form, drawn and payable by a financial institution located within Florida; or (c) surety bond issued by a surety company licensed to do business in the State of Florida and having an A.M. Best rating of no less than A - VI. The value of the maintenance security shall be twenty-five percent (25%) of the total construction value of the utility improvements as certified by the Developer's licensed engineer and approved in writing by the County. 14. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. Page 4 15. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the Subject Property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then COUNTY shall have the right to terminate this Agreement, and the parties shall have no further obligations to each other. The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance prior to County acceptance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. DEVELOPER shall meet all necessary IRCDUS construction requirements, including the posting of the required security. 16. Recording of Agreement: This Agreement, and any assignment, may be recorded in the official records of Indian River County by the COUNTY. If recorded, the DEVELOPER shall pay for all recording costs. 0 17. Severability / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 1R Tarm- The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for construction and with the County's Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued. 19. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to . the next business day which is not a Saturday, Sunday or legal holiday. 45 Page 5 • • • 20. Release: DEVELOPER, on behalf of itself and its successors, and assigns, hereby releases, acquits, and forever discharges COUNTY and its respective present and former elected officials, employees, agents, representatives, and insurers, from all claims, causes of action, demands, debts, liabilities, and obligations, of every name and nature, known or unknown, asserted or unasserted, accrued or unaccrued, both at law or in equity, from the beginning of time to the Effective Date specific as to the subject matter of this Agreement, including any monetary damages or reimbursement required to be paid by the COUNTY hereunder. IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: Witness Signature Witness Printed Name Witness Signature Witness Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER DEVELOPER: Hanlex Vero Beach LLC By: Printed name: Hans Pistor Hanlex Vero Beach LLC President/Owner Date: The foregoing instrument was acknowledged before me by means of _ online or_ in person notarization this day of , 2023, by of Hanlex Vero Beach LLC. He/she is either personally known to me or has produced type of identification. Name: Commission # Expiration Date Page 6 Notary Public M. • • • Attest: Jeffery R. Smith, Clerk of the Circuit Court By: Deputy Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman BCC Approved: Approved by: Dylan Reingold, County Attorney Michael C. Zito, Interim County Administrator FAUTILITIES\UTILITY-ENGINEERING\PROJECTS- UTILITY CONSTRUCTION PERMITS\VERO BEACH MOB -UCP 83447\ADMIN\13CC-AGREEMENT\VERO MOB DEV AGREEMENT DRAFT.DOC EXHIBIT -A Leeal Description (To be Provided by Common Oak Engineering) 47 Page 7 • EXHIBIT "A" Legal Description of Property DESCRIP TION A PARCEL OF LAND BEING A PART OF TRACT _13 (LES'. CANAL) IN SECTION 35, TOWNSHIP 33 SOUTH, RANOE 39 EAST, ACCORDING TO LAST GENERAL PLA T OF LAWS OF INDIAN RI VER FARMS COMPANY, AS RECORDED IN PLA T BOOK ,Z PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW L PING AND BEING /N INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.- BEGINNING A T IHE PONT OF INTERSECTION OF THE SOUTH TOWNSHIP LINE OF TOWNSHIP 33 SOUTH, AND THE EAST RIGHT OF WA Y LINE OF EMERSON A VENUE, AND RUN NORTH A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING; THENCE RUN EAST A DISTANCE OF 647.50 FEET,.: THENCE RUN NORTH A DISTANCE OF 307.63 FEET; THENCE RUN WEST A DISTANCE OF 647.50 FEET; THENCE RUN SOUTH A DISTANCE OF 307.63 FEET TO THE POINT OF BEGINNING AQ Page 4 of 4 0 EXHIBIT B • • Construction Cost Share Page 8 O �J • Hanlex Vero Beach, LLC DOLLAR GENERAL AT VERO BEACH (2480 27TH AVE SW) County Reimbursement of ROW Water Main Loop Extension and t2" Upgrade IRC UCP N: 3545 DESCRIPTION QTY. UNIT UNITCOST TOTAL County Approved Bill of Sale Items: 12" Water Main Extension 12" Gate Valve 2 LF $3,600.00 $7,200.00 12" DR -18 C-900 1367 LF $50.00 $68,350.00 12" x 6" Reducer 1 EA $935.00 $935.00 12" x 12"x 6" Tee 2 EA $600.00 $1,200.00 12" 45 Bend 2 EA $660.00 $1,320.00 12' 90 Bend 1 EA $715.00 $715.00 12" Bell Restraint 28 EA $210.00 $5,880.00 12' Mega Lu Restraint 15 EA $225.00 $3,375.00 Fire Hydrant Assembly and Valve 1 EA $5,000.00 $5,000.00 12" x1" Tapping Sleeve and Valve (27th Ave SW) 1 EA $1,740.00 $1,740.00 1" Blue Pex Water Service Line 12 LF $10.00 $120.00 6" Mea Lug Restraint 3 EA $200.00 $600.00 12" Directional Drill (27th Ave SW) HDPE 80 LF $170.00 $13,600.00 Tracer Wire 1355 LF $0.50 $677.50 12"Jumper Saddle 4 EA $1,560.00 $6,240.00 Site Contractor Overhead Costs $0.00 SUB TOTAL: $116,952.50 25th St Crossing Additional Items 12" Gate Valve 1 EA $3,840.00 $3,840.00 12" DR -18 C-900 80 LF $60.00 $4,800.00 32'45 Bend 2 EA $650.00 $1,300.00 12" 90 Bend 1 EA $820.00 $820.00 12' Bell Restraint 11 EA $225.00 $2,475.00 12' Mega Lug Restraint 8 EA $225.00 $1,800.00 12' Directional Drill 25th St S HDPE 40 LF $210.00 $8,400.00 SUB TOTAL: $23,435.00 COUNTY APPROVED BILL OF SALE TOTAL: $140,387.50 Additional 12" WM Extension Items not Included on Bill of Sale Open Cut Driveways/ Repair Asphalt 520 LF $15.00 $7,800.00 BT Point 4 EA $800.00 $3,200.00 Bacterial Testing 4 EA $1,000.00 $4,000.00 Blow Off 1 EA $2,630.00 $2,630.00 Restore Sod 1500 LF $8.00 $12,000.00 MOT for Extension 1 LS $2,100.00 $2,100.00 Mobilization 1 EA $2,500.00 $2,500.00 Survey & Layout 1 LS $3,950.00 $3,950.00 Silt Fence 1500 LF 1 $1.601 $2,400.00 Regrading of Swales 1 LS $1,500.00 $1,500.00 Additional As -Built 1 LS $1,500.00 $1,500.00 Additional Testing 1 LS $0.00 $0.00 Additional Design/Engineering Fees 1 LS $5,500.00 $5,500.00 Bonding 1 LS $514.00 $514.00 ADDITIONAL ITEMS FOR 12" WN! EXTENSION TOTAL: $49,594.00 12' WM EXTENSION AND UPGRADE TOTAL: $189,981.50 8" Water Main Extension Credit 8" Gate Valve 1 EA $2,820.00 $2,820.00 8" DR -18 C-900 923 LF $32.00 $29,536.00 12" x 8" Reducer 1 EA $950.00 $950.00 8" x 8"x 6" Tee 1 EA $420.00 $420.00) 8" 45 Bend 2 EA $450.00 $900.00 8" Bell Restraint 20 EA $130.00 $2,600.00 12" Mea Lu Restraint 1 EA $225.00 S225.00 8" Mea Lu Restraint 8 EA $210.00 $1,680.00 6" Mega Lug Restraint 3 EA $200.00 $600.00 8" glow Off 1 EA $2,630.00 $2,630.00 Fire Hydrant Assembly and Valve 1 EA $5,000.00 (55,000.00) 8" xl"Tapping Sleeve and Valve (27th Ave SW) 1 EA $1,000.00 $1,000.00 1" Blue Pex Water Service Line 12 LF $10.00 $120.00) Tracer Wire 921 LF $0.50 $460.50 8" Jumper Saddle 2 EA $1,400.00 ($2,800.00) 8" EQUFVALENT BILL OF SALE ITEMS: ($51,741.50) Open Cut Driveways/ Repair Asphalt 520 LF $15.00 ($7,800.00 BT Point 2 EA $800.00 $1,600.00 Bacterial Testing 2 EA $1,000.00 $2,000.00 Restore Sod 1000 LF $8.00 ($8,000.00) Regrading of Swales 1 LS $1,200.00 ($1,200.00 Mobilization 1 LS $2,500.00 $2,500.00) Survey & Layout 1 LS $2,000.00 $2,000.00 Silt Fence 1150 LF $1.60 $1,840.00) Bonding 1 LS $300.00 ($300.00) ADDITIONAL ITEMS FOR 8"WM EXTENSION TOTAL: ($27,240.00) 8" WM EXTENSION CREDIT TOTAL: ($78,981.50) TOTAL REIMBURSEMENTTO BE PAID BY COUNTY $111,000.00 r Phone: 50 FROM: Suzanne Boyll 4"16 - Human Resources Director DATE: January 26, 2023 SUBJECT: April 1, 2022 Addendum to RX Benefits Administrative Services Agreement dated October 1, 2021— Removing Per Claim Fee of $0.40 for Out of Pocket Protection + SaveOnSP Program BACKGROUND: Effective May 1, 2018, Indian River County Board of County Commissioners approved a recommendation to carve -out the pharmacy benefit under the County's group health insurance program from Florida Blue and select Express Scripts as the pharmacy benefit manager. Administrative services for the pharmacy benefit are provided by RX Benefits. Pricing and rebates are updated annually (usually in January of each year) and approved by the BOCC. The initial term of our agreement with RX Benefits was May 1, 2018 through April 30, 2019. The agreement has renewed annually thereafter. In April 2022, we aligned the agreement with RX Benefits to coincide with our benefit plan year beginning October 11t of each year and ending on September 30th, and subsequent 12 month renewal periods would begin on October 1st and end on September 30th (2023 ASA addendum effective April 30, 2022). Following the last addendum, an additional cost reduction was implemented which removed the $0.40 per claim fee under the Manufacturer Copay Assistance Program Section of Table 2.1 of Exhibit A effective as of April 1, 2022. This results in an annual savings of approximately $17,600 per year. All pricing and rebate guarantees remain consistent with the in force pricing agreements. The attached 2023 administrative service agreement addendum reflects this change. 1101011 kirec Funding for the pharmacy benefit is included in the Health Insurance Fund. This addendum results in a savings of approximately $17,600 per year. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve and authorize the Board Chairman to sign the 2023 administrative services agreement addendum with RX Benefits after review and approval by the County Attorney. 51 Attachments: 2023 ASA Addendum effective April 1, 2022 2022 ASA Addendum effective April 30, 2022 2021 ASA Addendum Exhibit A — Pricing effective October 1, 2021 2018 ASA Original Agreement effective May 1, 2018 • 2 52 DocuSign Envelope ID: 25299868-A331-41B1-BF9E-COOE2A1B5AA7 ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT (this "Addendum"), entered into effective as of April 1, 2022 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. ("Administrator") and Indian River County Board of County Commissioners ("Client"). The parties, intending to be legally bound, do hereby agree as follows: • • 1. Administrator and Client are parties to that certain Addendum to Administrative Services Agreement dated October 1, 2021 (the "Agreement 1). 2. Administrator, Client, and SaveOnSP, LLC are parties to that certain SaveOnSP Services Agreement dated October 1, 2019 for which Client was previously charged by Administrator $0.40 per Claim pursuant to the "Manufacturer Copay Assistance Program" Section of Table 2.1 of Exhibit A to the Agreement (the "SaveOn Fees"). 3. Administrator and Client hereby execute this Addendum for the purpose of documenting that the SaveOn Fees are hereby removed and the "Manufacturer Copay Assistance Program" Section of Table 2.1 of Exhibit A to the Agreement shall be deleted and replaced with the following as of the Addendum Effective Date: 4. Except for the amendment of the SaveOn Fees effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect. Upon execution of this Addendum by the parties' authorized representatives below, this Addendum shall be in full force and effect from and after the Addendum Effective Date and is hereby ratified and incorporated into the Agreement. IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum as of the Addendum Effective Date. CLIENT: Indian River County Board of County Commissioners By: Printed Name: Its: Acknowledged, agreed to and accepted by: ADMINISTRATOR: RxBenefits, Inc. Printed Name: Lauren Simmons Its: Vice President of Compliance & Legal Affairs NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY, AND 53 CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS. DocuSign Envelope ID: DB450FEA-BE1 D-4365-ACC3-7E8691 FABC6F C. ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT THIS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT (this "Addendum'), entered into effective as of April 30, 2022 (the "Addendum Effective Date"), is made by and between RxBenefits, Inc. ("Administrator"), and Indian River County Board of County Commissioners ("Client"). The parties, intending to be legally bound, hereby agree as follows: 1. Administrator and Client are parties to that certain Administrative Services Agreement dated May 1, 2018 (the "Agreement"). 2. Administrator and Client are entering into this Addendum for the purpose of documenting revisions to certain provisions of the Agreement. 3. Article I — Certain Definitions, "Contract Year" of the Agreement shall be amended to read as follows as of the Addendum Effective Date: "Contract Year", for purposes of the Initial Term of this Agreement, shall mean the full twelve-month period commencing on the Effective Date and expiring twelve months thereafter. For the First Renewal Term of this Agreement, it shall mean the full twelve-month period commencing on May 1, 2019 and expiring on April 30, 2020. For the Second Renewal Term of this Agreement, it shall mean the full twelve-month period commencing on May 1, 2020 and expiring on April 30, 2021. For the Third Renewal Term of this Agreement, it shall mean the full seventeen (17) month period commencing on May 1, 2021 and expiring on September 30, 2022. For each Additional Renewal Term thereafter, it shall mean the full twelve-month period commencing on the first day of such Additional Renewal Term and expiring twelve months thereafter. 4. Article VI — Term and Termination, Paragraph A of the Agreement shall be amended to read as follows as of the Addendum Effective Date: A. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect, unless sooner terminated as provided herein, for a period of one (1) year after the Effective Date (the "Initial Term"). Unless either Party gives the other Party written notice of its intention to terminate (given in the manner prescribed in Article VULB below) at least sixty (60) days in advance of the expiration of the Initial Term, the Term of this Agreement shall automatically renew and extend for an additional one (1) year renewal term (the "First Renewal Term") without any additional act on the part of either Party (unless sooner terminated as provided herein and subject to the consequences of any such termination). Unless either Party gives the other Party written notice of its intention to terminate (given in the manner prescribed in Article VIILB below) at least sixty (60) days in advance of the expiration of the First Renewal Term, the Term of this Agreement shall automatically renew and extend for an additional twelve month renewal term (the "Second Renewal Term") without any additional act on the part of either Party (unless sooner terminated as provided herein and subject to the consequences of any such NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 54 DocuSign Envelope ID: DB450FEA-BE1 D-4365-ACC3-7E8691 FABC6F . termination). Unless either Party gives the other Party written notice of its intention to terminate (given in the manner prescribed in Article VIII.B below) at least sixty (60) days in advance of the expiration of the Second Renewal Term, the Term of this Agreement shall automatically renew and extend for an additional seventeen -month renewal term (the "Third Renewal Term") without any additional act on the part of either Party (unless sooner terminated as provided herein and subject to the consequences of any such termination). Unless either Party gives the other Party written notice of its intention to terminate (given in the manner prescribed in Article VHLB below) at least sixty (60) days in advance of the expiration of the Third Renewal Term, the Term of this Agreement shall automatically renew and extend for additional one (1) year renewal terms (each, an "Additional Renewal Term"; the First Renewal Term, the Second Renewal Term, the Third Renewal Terms and any Additional Renewal Term may each be referred to herein as a "Renewal Term") without any additional act on the part of either Party (unless sooner terminated as provided herein and subject to the consequences of any such termination). Administrator may terminate this Agreement at any time if its contractual arrangement with PBM terminates by giving at least sixty (60) days prior written notice of the termination of this Agreement to Client. 5. Except for the revisions to Article I — Certain Definitions and Article VI — Term and Termination effected hereby, the Agreement shall not otherwise be modified, altered or amended in any respect and is hereby ratified and incorporated herein. _Y IN WITNESS WHEREOF, the undersigned parties have entered into and executed this Addendum effective as of the Addendum Effective Date. ADMINISTRATOR: RxBenefits Inc. Doca ignea by: By. (,olYt,in, Stwta�bin.S Name: Lauren Simmons Title: Sr. Director of Qgnighamandlag Affairs ` CLIENT: ;.:uwira 1 %than River County Board of Count' • n s _ APPROVED AS TO FORM 77 AND LEGAL SUFFICIENCY ams t Nptuee; Peter D. 01ft, OOUNTY ATTORNIRY T �airmeaitle. ... .. . . Attest: Jeffrey R. Smith, Clerk of Z Circuit Court and Comptroller NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PRQP VARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFIJ�S ��11►►'' Aw �IUY�L _ Qlfl� I7 DocuSign Envelope ID. 5B185859-5943-4041-90BF-OGE5E90FDAD D fioj P::. T-Y.YM.. ... t► Pq will 6e &*"pwW- 69 Ommuftm + to= (d) SPECIALU .0 the overall an" ad~ b� f�1I�►s`Aar (�e#� (ice � dluR �+• Sam *4 MOW OM .**mmft-d 0*l twooft,IIIi 11 11: -Ckm ow, IN& . ► e> 1. :� If ±Old parricipat� � �R is Faraeydtyot l 1e eageenenc. TV fia) Tst>t»r•tt ion V1rc �. i�sW: . means a claim fora i. Ills Ili 67 DocuSign Envelope ID 5B185859-554�t4W.00E5E90FDADD 01401 vow*. 1Di► S,! �ia p PDc 1�t�e 1, 3. '14rd�40lt NO*. b *c =W.. d*K tea+ w4woo. � �► 4. :A*AW$**dOm X04 *t:*i CkAw bt WoTW I1 :: . S. AD V**ft CWW WO beAMOO to i(dgq► Oram pw, Y w TuAr- ted AbN� . . Participating, FEW" ittAttetit�ailbt ��� a�a�ar FWe..:Cild P� � �1�� fir tlil �. �tter�itte Dispensing Fee Mft 'l�rarrt�Mrit i+d! tm (I)dw VA ft* in SWOM2 4bdVv WAA1004WO in INS VWMWt*WUft.nil b4VW"A*CVW during Owt,40000ASOMW Will a . 17 „i. ; � � a � ... t Is ,*" .r Omm. s lR�R dta ten ance r Acta > . Uftfroby big A' '. . t,e�tla��.lra►��ra� �.��- a>fiarPon ► Citi`. gill lretbt t +Vitra. _ ion brag Mims for less titan an U days supply, *4 %&ft AwOuM 1 tW *A $4 —*41W "* the table set forth aboYe Shall not apply, eYett if s Ill 2. Exclusions. NftQ*wSu'bWWCbbm ewe% awmaigVj'-v5trti Limited Dis , ti'dt3iwIk Pjv10i >?� � �. � tdd� dtt�, � . .. ' arc'�►1/� #rad t ani rD,t ix tt►t 19�r4o4ldrt OP its "t Ak 69 1 " txill be catcutated cmw*: t . .. / "GOss Oaf b 40116 .tom ftft+�t`C�t].� D' RVb �ri FdOiR Ii... T "iceliei dispensing 'vppHW'—tD lell lli i . - . IB.. 1'isex a mitt ita twd ) tia4rs fid' eA Pltlbp .. ft-%*M:t+ W OR lute qp t1 , 1. Rebates witl be O'd fi bftd ftow#ft D" Cbimmdst # flllt", dpi basis E t3.: .� r+abst te:i#tlegtittt bt lig E: Tlt� ttefpu+e � ttxit atm aip.�datr . 44TA t 1?. �!1a�t.fswdtta�ili�di�r�i+edla�l:��° .. . �tat�e�giM��inal�ks A ftew0tim � -�, brit a4 ft plibd, m 100.E �p i f:. 1 I iIL 'tbe +ve�m etttract at no chAWtoClift, y 1t�,. ... � t't�t charge„ $$1 : � #�Arit fi0 tlpnsfer data to G : . s �r �� a mirtistrator, , 4199 agement vendK � j r ! � is _ . ate - " 1 2L . s$! t pw4ftlbdt 10" Oild f elbr �ebytlta►iao�k�e�r�ia�',s�T+ .. ". � 21.. 1dgAxk Uftfeeds that Ott bt VIM will* ltssind vim'aw *0mmst:W Owilp c;d!' C i tommkmL In other wards, if"? is'1afamnedAAMWIN T Mvb 00.0 ti!t+e 41h quarter data even thotgb it WiO sit iilitr tft ' ' 0610 { y AiO . " TWASB- !�`�E53 . _' _ 72 ; ilk I"Ai�F s �;�•H� MINKOd s. of e EthdWO Vic. Is Mia COW Tom, P*Mwi + t t atterllFtfA . �**- do aadlr=a> ��*�Mae aew a�APIO how "Id C000 %rlbak jmVmWN* records. F iu q lmi odmwiedged. agreed ivt, r. :y • ADMINISTRATIVE SERVICES AGREEMENT THIS ADMINISTRATIVE SERVICES AGREEMENT, dated effective as of 12:01 a.m. local time in Birmingham, Alabama on May 1, 2018 ("Effective Date"), is made and entered by and between RxBenefits, Inc., an Alabama corporation ("Administrator"), and Indian River County Board of County Commissioners ("Cli n '). Administrator and Client are sometimes referred to herein individually as a "Par -V' and collectively as the ` rt' s." Recitals A. Client has indicated a desire to enter into a contractual relationship with Administrator in order to procure the administration of prescription drug benefits to Client's Members (defined below) by Client's execution of this Agreement (defined below), including without limitation -the Client application attached to this Agreement and incorporated herein by reference as Exhibit (the "Client plication"), B. Administrator desires to administer the prescription drug benefits specified in CIient's Plan described herein in a ministerial capacity, subject to all the terms and conditions thereof, and C. Administrator has entered into an agreement with an independent, third -party pharmacy benefit manager, Express Scripts, Inc. (hereinafter referred to as "PBM" or'J "), for the purpose of being able to provide a network of pharmacies and related pharmacy benefit management programs and services for utilization by Client and its Members as administered through Administrator working in conjunction with Client, all as more fully provided for in this Agreement, Agreement NOW, THEREFORE in consideration of the mutual covenants, duties and obligations made by the Parties Is herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: • ARTICLE I — CERTAIN DEFINITIONS A. The initially capitalized terms below in this Section A of Article I shall have the following meanings when used in this Agreement. In addition, there are other initially capitalized terms that are defined in other parts of this Agreement and such terms shall have the meanings ascribed to them in such other parts of this Agreement whenever they are used in this Agreement. "AgLeepnt" means this Administrative Services Agreement between Administrator and Client, the Client Application and all other exhibits, supplements, amendments, addenda and/or schedules to this Administrative Services Agreement. "Ancillary Supplies Equipment and Services" or "ASES" means ancillary supplies, equipment, and services provided or coordinated by ESI Specialty Pharmacy in connection with ESI Specialty Pharmacy's dispensing of Specialty Products. ASES may include all or some of the following: telephonic and/or in-person training, nursing/clinical services, in-home infusion and related support, patient monitoring, medication pumps, tubing, syringes, gauze pads, sharps containers, lancets, test strips, other supplies, and durable medical equipment. The aforementioned list is illustrative only (not exhaustive) and may include other supplies, equipment, and services based on the patient's needs, prescriber instructions, payer requirements, and/or the Specialty Product manufacturer's requirements. "Average Wholesale Price" or "Ag' means the average wholesale price of a prescription drug as identified by drug pricing services such as Medi -Span or other source recognized in the retail prescription drug industry selected by ESI (the "Pricing Source'). The applicable AWP shall be the 11 -digit NDC for the product on the date dispensed, and for prescriptions filled in Participating Pharmacies, Mail Service Pharmacy and ESI Specialty Pharmacy. Actual package size will be used for dispensing. PBM will not charge Client a higher AWP price based on repackaged products and actual package size will be used for dispensing at Participating NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS ' 76 • • Pharmacies (retail), Mail Service Pharmacy and ESI Specialty Pharmacy. AWP used to calculate the l°resgription Drug Claim is the current, post -settlement A If the Pricing Source discontinues the reporting OfA 'or materially changes the manner It 1".*W*t;alculated, then'iil>!g +eserves the right to make an equitable adjustment as necessary to maintain the pat->Eelative economics and the pricing intent of this Agreetnest, 'B�randLQgW ➢c Algorithm" or "BGA" means ESI's standard and proprietary brand/generic algorithua utilized by ESI, a copy of which may be made available for review by Client upon request. The purposes of the algorithm are to utilize a comprehensive and logical algorithm to determine the brand or generic status o'f products in the ESI master drug file using a combination of industry standard attributes, to 4abilize products + "flipping" between brand and generic status as may be the case when a single indicator*Axed from industry pricing sources, and to reduce Client, Member and provider confusion due to fluctuadons In brand/generic. status. "Brand Drug" means apresariptlon drug identified as such in Iks WOsiry'°drug file using indicators frm s master 4rug #I indicators from Medispatt on their provide tri. The multisource eine field in IWO&SW esanteipl an "M" (co -branded product), "U" (originOW brand), or an "N" (single soufto brandk on the basis of a standard Brand/Generic Algorithm utilized by ESI across an clients. Notwithsomiling,41m foregoing, cWain prescription drug medications that are licensed and than i currently marketed as brand name drugs, where there exists at feast one (1) competing prescription medication that is a generic equivalent acid "interchangeable with the marketed brand name drug, may procesit as `Yieneric Drugs" for Prescription Drug #.adjudication and Member Copayme ntp uses. "legs Days" or "business dam" means•a1t days except atttrdays, Sundays, and federal holidays. All references to "day(sj" are to calendar days unless "business "`s specified. "Contract Year" meana the full twelve (I3) toonth period commencing on the Effective,Date and each full consecuti*tWel" (I2) month period thetwIler that thiittlAgmement remains in effect. y�&gAI" nteatts that portion of the charge for east CO-Vere"rug dispensedtD the Member that is**, t i41*ef the Member (e.g., copayment, coins utiltil4d*r deductiblls)os=:indicated on -6, 014W Forms. "Cost Share" means the amount which&Member is required to pay for a prescription or authorized refill in accordance with the Plan Design, whidb. may be a deductible, a percentage of the prescription price, a fixed amount and/or other charge or penalty. " overed Drug(s)" means those pies �A 4,6 S ►1 aducts (if selected on the Set -Up Pbrms) and other items that are coverer 'WAWIW - l ?�Vftm, each as indicated on the Set - Up Forms. i "Dispgnsin_ g Fee" means the amount payable b Client as a dispensing fee per p4fpllRs refill to a Member assot dim Exhibit tgreement. i "Tligibility Files" means the list submitted byCOW-to Administrates in fit indicating persosob4pbWbr drug ,0,00,4 vices t»tder then .JIM ""means thelw#*ee Retirement livat► t pmt of 1974, as amood* ftgoloftft proinuIVIIW thereund i i `EI fio{gt P(,�1e}s,;Ngtworktnom oro *OOVAWp4Mg Pharm a''t The ESI National Plus Network was historically referred to O tin ye4#p ice` Participating Pharmacies, and is subject to future name change. itlEltTVORDOWSO i' 'ittl' X THE INFORMAT16N CONTAINK6.HEREIN IS CONFIDENTIA4�ROPRW#XT, AWCONSTITUTES TRADE SECRETS QF ESI AND RXBENEFITg : . 1�1 "ESI SRWkb Pharmagf means CuraSedpt,b%6,,l wredo Health QFBllgft--bc., Express Scripts Specialty' Distribution Services, ln;t;or another pharmacy or,lZme health agency who owned or operated by ESI or one or more of its affiliat4that primarily dispenses Specialty Products or prftides services related therote provided, however, that Am the Mail Service Pharmacy dispenses a Specially1product, it shall be considerva, an ESI Specialty Rarity :hereunder. 4 "Face" menttae,tt3 .J04C*ttt ail the fees specifietan wopplicable Exhibits attar 40. other amounts due by Client hereunder, which Client Il' tt iicable, any Member) itt 1!t purood to the terms and conditions of this Agreement:%tliyt' Vent ESI, Administratori6i ` taltngt3i11et'Fees from time to time, Client s1ub0TEsponsib�iR�INitll i changes to Members and for obtaining the necessary consents, if any, MOW"* in order to implement the new pricing. 1 "Formulary" PP P crhPfi , �.�� � . Formula means the list of FDA -approved res � 'ort' il�i's � � i and Therapeutics Committee and/or customized by Client, si41Yii it# 0 j4OkftdstWW4J6pted by Cts L : The drugs and supplies included oaft Formulary will be modi$tltliej+B>9;i from timet+&3r# rte as a resukof factors, inchong, but not limited to, medical appropriateness, manufacturer Rebate arrangements, and patent expirations. Additions and/or deletions to the Formulary are hereby adopted by Client, subject to Client'a 'on through the process, wW* discretion to 1s1ed notft iivtpleme Set -Up 9+ addid*A 4$,W g P Form such election shall be consideredw.HDJileot change to the Obrmulary. i "Generic Drug" means a prescription drug, whether identified by its chemical, I i natio, that is therapeutically equivalent and interchangeable with drugs having an identical amouto` Saw active ingredients) and approved by the FDA and which is identified as such in ESI's master . ! ttsittg'hilft ators fto:Medispan on their provided 0AY) multisdOW446 field .iii Spen contains an "lW" (co-brando duet), "O" (ofi�*OW4 vlrVb W' (single sotMbrant chat tittp biosis of a" shwdard $raod/Generio Algorithm utilized by #9 i6or all "clients, a copy d`wh%h iritny be tStadale `fir titaatr it Client upon request. melt ilio *Wth Insurance Portability and Accountabilily'Act aif 1996, as amended, and the regoletions prooWgOd dWeunder "Losses" means any and all liabi][W s, damages, claims, causes of action, judgments, demands, penalties, . fines, assessments, costs, expenseafi fees (including ;; Witation attorneys' fees and other professional fees) and other losses of any kind or nature whatsoever. t or "Maximum Allowable Cost' consists of';,ft 0faff-patent drugs subject to maximum allova ' cost payment schedules developed or selected by ESI. The payment schedules specify the maximum wif ingredient cost payable by or on behalf of Client and its Members for drugs on the MAC List. The MAC List°and poymeaschedules are frequently updated. `AJACI into* a list of off -patent prescription drugs or supplies subject to maximum reimbursement pomettt schedules developed or selected byilft "Wil Stg'yice PharmaoV" means a pharmacyPwholly-owned or operated byESI-ar nagrivore of its affliatm other than an ESI Specialty Pharmacy, where prescriptions are filled andtftpe 4 Membe m, a i delivery service. "MangfilgMak Administrative Fees" means those administrative fees paid by manufact*jWo!Eo, ESI" to a contract between ESI and the manufacturer is connection with EST's administering, invoicing, allocating and cotlwft the Ramitis wMer Hide ., "" means each person l:.ttii prescription drug benefits am indicated by or on b6half.6tClient in the Eligibil*F los,: NOT FOR DISTRIBO"A% T119ftAl, � WCONFIDENT1 ,.)'ROPRIftAO AMCQNlS'Jll tfilfINl'11r UBENOM 78 t .. .. ...... "measis,a paper claim submitted by a;Memlw for Cctyeroli,-Drugs dispense(fwe 'UWtMW etssh" means the actual inglreaTient cost and Aspewing fee amount paid by t" t i t 1 tem when the Claim is adjudicated 6tt the ft.ficipeft Pharmatc#s as sm . in to Veaft. . Participating Pharmacy remittances related to t Mat's *dins. "PDL" means tltE P$ Pa%rmance bft List, ghi+e:h 4s u liBtd pharmaceutical products, created and maintained by PBM, as amended from tittle to time, which--#,o ba been approved by PBM's pharmacy and therapeutics committee; attd ( 000 w10 v* h=pharmaceutarOAl.p6p ticts should be given favorable considetadlot► bit Ob*their parUca articip"g Prharnmcv" rnvatts. any i ar Vbarnmcy with whicbM w aa'tpag Mebo s til fates has executed an agreement to pilot £b ,-to Members but lace fpclude any mail order or specialty pharmacy affiliated with any such 'l�ticipating Pharmacy: Pa"Wpating Pharmacies are independent contractors .a '=. "means the self-funded prescrip* M dft b06WW#) administered and/or sponsored by ctieftt. *"Pl. en Adm'mt "stratoe' means the Plan sponsor or committee designated by the Plan sponsor with respect to the Plan, as contemplated by Section 3 (16)(A) of ERISA. 1,TJW Desien" means drug coverage, days' supply linii eflotx, C69 $hare; irormulay(fa ludilfg Pormuh ry C divg,sattection and relative cost indication) and other PrescriptionV"OProgram specifications applicable to j thaftecription Drug Program designated for Client as set forth.;' 06r Agreement orotherwise documented between the Parties. "PMPM" mom per Member per month fee, if applicable, as determined by Administrator from tliR: EIigibility Flies. I "Prescription Dru Claim" means a Member Submitte$ p g ftikk SaWogolift inn or claim for payment i submitted to ESI by a Participating PharniW, Mail Service Pharmaey;uril $pW_Wty Pharmacy as a result of dispensing Covered Drugs to a Member.: 12m.w iption Drue Program" means the specific pharmacy benefit management services and benefit design sdopW by, and applicable to, Client under this Agreement. "Primary Member" means each Member, excluding Members who are qualified dependents. "Protected Health Information" or "PHI" shall have the meaning given such term y. 11M but l mi * that information created or received by PBM. ' capacity ty $ s} Gontractot#*dminstritor dtit Administrator in its Cap&* as a business assoO68*116 the Plan. "Rebates' mean retrospective fort�r rebates that are paid to ESI pursuant to the terms of a formulary rebase conttaot negotiated indjriy ESI with a pharmaceutical manufacturer and directly attributable to the utiii2ation ofcertain CoveredHrugs by Members. Rebates do not include Manufacturer Administrative Fees; product �t dloda*..or fear related to the procurement of prescription drug inventories, ESI Specialty Pharmacy ,-fees received by ESI from pharmaceutical manufacturers for care Pharma ala' � Mail Service P managementor other services provided Ifivonnection with the dispensing ofproducts; or other flee-for-service arrangementswhereby pharmaceutical manufacturers generally report the fees paid to ESI or its affiliates for services rendered as "bola fide service fees"` pursuant to federal laws and regulations (collectively, ' Other Pbffi= Revenue"). Such laws and regulations, as well as ESIts< contracts with pharmaceutical nuingfOott rers,.generally prohibit ESI from sharing any such "bona fide sawke fees" earned by ESI, whether wh4y`or in part, with any ESI client. ESI represents and warrants that it W1 not enter into any ag pmt t i %fts pharmaceutical manufacturer for Oth r Pharma Revenue with the i ttmtt tat to uce Rebaipt:: Vtowangntt tON' lil�i 3" } IEIS tWREIN IS CONFIDE Q TW. MTRAI NVC -T F ESI AND RXBENEFITS 79 • • "Set:!Jjp Forms" 1040010ift standard tla t6insar ' &icummrt oW 1M which who compl ti ani signed by or Client (electronic communications from Client indicating t'a approval tla Set -V PA* shall satisfy the foregoing), w describe the essential elements adopted by i%l ent for its 11%scri . Program,, ► , coverage and benefit designs, and clinical and trill prd i may be amended byCHent from time ta'tima, "Single Source Prod uceloopis Ik fitedication that is: (i) approved byt ft,under a ge> drug ANDA application and is licensed and then currently marketed by only one genera drug manufact under separate ANDA applications; or (ii) subject to patent litigation. "S 1& Product List" (for those Clients that are non-&dlusive) means tits standard list of Products and their reimbursement rates under the applicable (exclusive or open) option, maintBitMft. updated*- from time to time. The SpecislW i3ttvailablti W upon reque6t. "Specialty Ptoducts" means those injectable and note injectable drugs on the Specialty ftoftt LM. Specialty Products typically have one or more of severalis characteristics, including frame dosing j adjustments and intensive clinical monitoring to decrease the potential for drug toxicity and increase the j probability for beneficial treatment outcomes; intensive patient training and compliance assistance to facilitate therapeutic, VNW Wtexclusiva:poba.availability arkution; specialized.p handling and/or administration requirements and/orptist n excess of $30$x,30 day supply. "Subroeation Claim" means subrogation claims submitted byAW state or a persoltw-1tal � rlt l of a state under Medicaid or similar United States or state government health care promsCt p or n of licable federal or state laws, r is deemed to be the ritnary pay by 4per app "Term" sha4lon lel t,*w period between die'1111#9 jtIiiarand termination of this Agreement, including the Initial T extertmd b an Renewal s are defined in Article VLA). s Y y # > i "Usual and Customary Price"' or"; ",tttdertallism price charged by Partkip�harmacy for tbo f particular drug in a cash transaction on th+e Il is lltia +M dispensed as mpoded to Pharmacy. A19(:3i,E n — ARMAtli1TR1TIVE SERVICES f AAministraW shall administer the prescription drug benefits Pit ltrtt layiiQbw Mn, subject to all of the terms and conditions of this Agreement, as the same:y#dtttrti B'tttttatlme to°time. It., : Atlfnw►istrmrer shall provide such assistance as may reasonalll�t necessary to Client's personnel in enrollment d eligible employees and former employees A14 dt3pendents eligible under the Plan. AdministriiWshalt maintain up-to-date eligibil(fy status records on all enrolled Members as submitted by Client for purposes of appropriate adjudication.of Prescription Drug Claims under the Plan. C: Administrator shall issue (or cause to be issued presm*"Arug cards to each Member -employee who is enrolled ip Ynrt'a Plan and who is declared eligible b (1004 as evidence of such Member employee's erttidement to prescription drug card benefits under tbefim 11 Upon reasonable request, Administrator 1ft Client with costs projections and analyses of Fyescription Drug Claims and such other statistical data as may reasonably be requested bdant `in { connection with Client's management, oversight and control ckfoo Plan. E. Administrattg' shall invoice Coot 'fm` f Prescription Drug Clebris due to be pw'"COO OWWj Prescription Drug Claims du .;plus monthly Transaction fees and any other fees payabia• ly t Article IV hereof and/or the A"Wation � 1141" FOR D1STRIBUTi 1.VO AND NSTITUM 7 lltil ilii i� A 80 Client shall brr;r0bible fps ttt'ttf ng the eligibility of its employees and their dependents to y: participate and:receive bexieQtta nit the Plan. $. Administrator has established and shat! maintain a website locded na; www.rxbenefits.cor# "Web through which C** lupe: Ata abft I* access, revise tmd7 update the olWbility and enrolltii w information of tis: MO*, V&- !t tW apses that it shall! he solely t�ibte for: effecting timely revisions and updates tot * tw011 : information through tlNs.'Website *.,, im the alternative, through a secure file trat4%r� f site Ovia secure elech+c w&*I&,in�#.fasmat acceptable to Administrator delivered to Adininigttta W vih ft* mail) and shall be retspe tsible for the aauitracy of the enrollment ttt#brmation and arty and A incisions and updates to the enrollment information. Upon becoming aware of ; wars inose emollmem lnfot'frtation, Client shall promptly correct the informatiaa;as necessary#mmgh the Websft or via other soo"ble alternative means provided for above in this At luj.., &'*Wstrator sIhO nor bit: responsible it Prescription Drug CIaims payments trade to Membefra O ± former e eist yaw of hwho are no longer % M applic�►le, should never have betitx � itwed on ink thO is or was inaccurate, was exit updated or not updated on a timely bask :sevi sed as required by Cent or this Agreement. Administrator agrees that revisions and up*,* lment or 4ar Vplicaabk Mmtbea' or prescription Ong Claim information made as described abovo.vA be oonsWered for purposes offt Agreement revised and updated within 46 hours ofw4ipt by Administrator Ower ftm notice from Clientetsuch revision or update. For emergency revigtttrt4.4 std updates that need to, ba eon the same day tett not the next business day,,.CSW must call 14 troft l isions anti• updates to A.dministratorduring Administrator's normal business hours and4 *AideeiW*pWf t appropriate to Lure anti revisions and updates become effective on the santffit to rirON PO sitly possible, 10 0401 o extent such emergency rev!Si # alpe't ttuii 1 r orally,(e viate Client agrees (and ft shall be tent's sole responsibll'tiy) to p Adnii dot' with a wAtim description its reasonable detail setting tithe emergency revisions and/or updates witltiat di hours after such emergency revisions/updates van.W#* icated iy'a 4jiWstraW C:. Administrator Willprorite unique alphanumeric "�a�sswords")to' .will permit Chem i ttt.acexst#,ttpdatethe ftQNEQb he Passwords; tit die indlvldted on the list of autltorizertili avliicfi is included in Setn.A of the C.iient Application. tent is responsible for all iwa# Piwwomk whether or not authorizAdll#i'Client. Cl-le lsfiDftrtaintainirlgnrt. ePallgYyd ensuring that tlrait' A*hcoafiAe#QItyAa., Client a0sioto tsttmediately notify Administrator of ariy unauthwod#asst: Passwords ofwb" Client becomes aware err has a reasonable basis to believe. IVamendibelist Ipe9A1� Client must w* Administrator in writi at.auah amendmem(ifi}; Within *= (�3 bad day of w ft business day*'# receives such amendment(s) in venting from Cliem; AdministratorVA deactivatelMo s) issued to any deleted Use*) and will activate and issue new-P'essword(s) for any new Use(W) ideaftW by Client. Although the W4b*o is password protected, Ad lstmtor cannot spOl: does aotguatatttan(andexpressly disclaimsandatlsd6h!labilitybeithatClient'sesnrolimentinformant» will tot be su*d to nipat trized access by third parties, and CAeiihereby, knowingly and voluntarily, releases, dim and holds harmless Adm6tigtratet and its dirmallwaiNamomployees, agents and other resentativtea (RolteetiveJ , " resents i" ixp y Rep '7 t'rotn and against s4tooft rtilting from, arising out esfet?t' ' telatingap art3t:unpothorize d access or otherwise, except where such Losses result solely from the willNle intenflouil =t r misconduct of Administralor, TW &aping release *4 immediately preceding sentence shall apply nlsst9i)linent information rM and/or its lt+tet regardless ofi ite medium or means in whit lt*E b-,jWAK.tion rbined, updated; Revised or exchanged 0A, . whether on the Website, through a file transfer prow wA( l via electronic dft�isttEict>therwise) l�. addition, notwithstanding anything in this Agreemttnt lb pita r, Administfft-" cot (and CllO . opitnoWledges and understaftdis that Admh%kUa oI is NtOilie # l:at otherwims Wd responsiblet.ibr tandulent Prescription Drug skims submitted MOAWaw p w clots w. ing to *#. on any Member's behalf or astir unauthorized party usint(I l"Fuppw #ytltalt 1 iflifort or otherwise. :i "> I T�fttll!t. t318NTittlAM.URM I&APUNFIDEMllj4J6.PRQTR0W-A'Xf :..: 81 i • • D. Client expressly understands, acknowledges and agrees that any all information, data, documentation or software disclosed by Administrator and/or PBM in the course conducting its business and performing administrative and related services for Members and/arbierwat confidential and proprietary to, and 9. valuable trade secret of, Administrator.a 'PBM -A." t,. ,Or."authorized use - that is, arty use other than to evaluate Adminis 4#ttformanob ter iltb Agreftftwt - will cause irreparable ham .: and, dattusge to Administrator aixU64404,Notwithstanding anything to the contrary in this Agreement' 40 A4 went submitted, 40 I by AAministrator (including, but not Iiiin#edUN any confidentialr I. �.. agreement), Administrator andarAonds and acknowledges that any 4ZOrifidenthd h&rmation disclosed to: { Client by Adminiso.0or may potentially be subjedlo'disciosure undeiM i`itestate or federal open records acts- 661 tm- 4 (nom an °'llq receipt of any regtrittn tart' demaW � O" person or entity seeking release of t inffdentiat hnforandon and/or prior to any releawft disclostvr Of0iofidential information to any perscnc f or etttityy that -Client or its Representatives deem nec ry or regOW hinder the Act or otherwise, Client shall i ! tag+ u6*1Administratoriu ting of such request,40nand-or obligation (a "Disclosure Request"),, kAdminisirdorfaisto give express written consent to the $sOosure ofthe Confidential Information subject,., to the Disclosure Request within three (3) business days O teceiving written notice from Client of such- R i�Dsure Request (initiated by#V person other than omits Representatives), Client shall not disclose such information and Administrator shall defend and indemnify Client against any action brought to compel compliance with the Aix, and -against any out-of-pocket expense, including, but not limited to, court costs., all other costs of litigat%s Ounney's fees, . and statutory damages, to the extent arising fid. Administrator's failure to consent to disclosure oti ie requested Confidential Information. Without ink ` way limiting Administr'ator's defiers and indemnification obligations under the preceding senteriiee;, Administrator, at#s o%v4"pensetlaW **Mrdokmay seek or initiate action ib wash, limit, modify, narrow the scope ot; and/or otherwise inte� obtWn a protective order and/or 46ind against, any requested - disclosure subject m.such Disclosure Regnest(ntt'4A4ministrator , . n"),: Client agrees to reasonably i cooperate with Aviator in any pt ervention, tmtt is'ultimately legally compelled to I ;. disclose Confidential Information pursuant to,a liisclosure Requests COW shall disclose only the minimum ! I" required pursuant to and in order to comply with the court order or otl**gal compulsion. Except as provided' in this Subsettt I1trfA 0l, � enlEeaY be necessaryU nd or prosecute litigation between the parties hereto, eo thall .not, directly ett Wirectly, releese or disclose or otherwise use or attempt to use arty patient-specf"icprescription information,tradex rets, prnpirietarysoftware and technical processings _ ; financal„.pcAcing star other confidential infotanation of Administrator and/or PBM obtained by Client from. i Administrator AdWor PBM (regardless ofthe reason sucitiuformation was provided or obtained) W ' other party or for the betwO of any other party without the prior written consent of Administrator `'FBM,; aY by which consent m be withheld Administrator and/or P$M in tliNeiE-sole and absolute discretion. E. Client etepressly represents and warrants diet h`hgs provided notice to its employees and')i ' id, ndents regarding participation in the Plan and Ossftfbabsws or anticipated disclov4*#f emplcOSOO dependent confidential information to Administrator in connection with the Plan and Ippfcable law, stud (ii) it has obtained all consents and/or other approvals or authorizations (either in writing or througie.'.. procedures) from each Primary Ma+mttrtac4 if applicable, each dependant Member or other applicable party, regarding such disclosures to AdminisbOar for purposes of this Agreement and the services provided tat Client and Members hereunder, and relating to the use and disclosure of information by Administrator AW r .:: other applicable parties, including without .PHI under ifNAA as permitted under this Agreement:" or as otherwise reasonably necessary to effect 84or carry out-illlgsee and intent of this Agreement and:.: . the services to be performed and rendered by Administrators, Client or other applicable third parties 11ri respect to this Agreement. PB MeaftrAdministrator may use, disclose, reproduce or adapt information: Obtained in connection with this Agreement, including Prescription Drug Claims as well as aligibili4 Information, which is not identifiable on a Member basis. PBM and/or Administrator shall nraintaln• tab dentiality of'tl& M rmation to the extent required by applicable law, atAAW-. , 4,0$0 t t any way prohibited by applicable law. F:: Shred Client identify erroneous, mistaken or incorrect: lilt Drug Claims payments made by Adttt ti`;istrator, refunds in the amount of any such erroneous'on Drug Claims payments to Client BW -'lie made by Administrator within 30 days after receipt * tunistretor of written notice from Client idttah'it*yi" t .omm.aitd Vmviding reasonable documentation tom. support them. Client ac , and agrees that such,refunds made by A+dptinistrator as pftwded in thus Ar i* W sWti�&a I'Ilr4R>if>lUN REIN IS CONFIDENTf114.0. ,tf i TIP#lE#1` 'ii t 1 1 AND RXBENEFITi11 82 sole and exclusive remedy ofClie pnd any Member against Administrator, its Representadi tt t:t$%d party (including PBM) resuftliiotn any such erroneous, mistaken or incorrect Prescription t rug t payments made �y or to Administrator, and Client further covenants and agrOO 16 hold harmless:04.. indemnify Administrator and its Representatives for any Losses beyond such refunds claimed by any party. front Administrator. Tice Patties acknowledge that Administrator may seek to recover any overpayments ..: fi m the Members, the providers of service or any other party unjustly enriched as a result of -rob ovwpt � yAtents at anytime after notice w ~ness of any such error. G. Wit;tont. the-ge obit or :?E(41uWatber provisrtm oftis Agreement, Administrator shall not be hold responsible or liable for any perfots►tmm Aandard or Wigation required of it boap*. if C Client's designee(s)) or eny Meltttber fails to jrovide Administrator with accurate, I*rmation as necessary and/or t~e�Uired to *Mt any such performance standard ar ttatfar tiiiis . . Agreement or otherwise. i AllT039 IV— FRUNCIAU tU Ai�F A. A r will invoim Client everyto of M WWIM for the app"le Pees payable form two vmi m. Admmistrator*ll invoice t�iesrt �a.ttt►dministration lies, as applicable anti ' of tire: j sw*u*Prescrk*"Dj ¢Maims a�,' r1 iaveimw - od,lte and payable 7 tl :ll 40 receipt by Client and shall Inswat be received by Administrator later than the due date stated in the invoice. Re&rtoArticleVbilow,�rilviles applicable to late payment of invoices. ( shall not (and acknowledges that I s;mli sot) haue a y t'l #p:pliset any dispute ;fir a ao m pt pit po ;ed: to be due attd br"$OWfiOm idn6istrator and/orMW* Md•I ft�/:p Y specifically approved in vffib AdntinUi tr)r B. Adininis { tratvt+:td>ar� C�hefttadmtnisbUtm:(s)°p?er*$o4ow-employee ger calendar month 090,0616- on a0,0616. on a monthly.bas* and/or (b) per Prescription Drug Claim *.W*-ey Members payable on a bi-monthly bails (stollectim*,Ow tsectio F'ronsaction Fees to be paid by0is -"Administrator Agreement are as specified in the Client Application. j C. Client acknowledges and understands that PBM, through its contractual arrangement *WA*ninistrator, guarantees certain Rebates as set forth in the Client Application. 'X'he Parties further acknowledge and understand that no Rebates or similar discounts or payments will be itaid to the Parties with respect to any Prescriptiontg�C"Ht%relftused tttf#mat basislkyA+krffi+seid agenkies or other federal gra healthcare programs. Client acknowledges that Administrator may receive Rebates from PBM associated with certain Prescription Drug Claims of Members under Client's Flan. D. Client acknowledges and is aware that Administrator, pursuant to 16 i6ritractusil agrees :f* paid by PBM an administrative services credit payment per maO And retail Prescriptiw CI*:. . admizillOW its► A40hustratot w~Of lei 4t , "PBM Service CrredIh tl„i;” , A: be Administrator's sole responsibility to obtain and collect such P$M Service Credit directly from AM aW Client shall have no responsibility (payment or otherwise) with respect to such credit due to Ad Administratsrti will also recti .aaltl tlt`'Igi one-tittgt bier Member implementation and marketing credit payment d esigned to reimburse Client for the expenses and out-of-pocket costs incurred by Client to transition Client (and its Members) to PBM's benefit offerings (the "Implementation Credit"), " PACO acknowledge and agree that tij Administrator she'1144Tsralt it e for any and all transition and implementation costs it incurs with respect to the marketing and transifibn of Meat (and its Members) to benefit offerings administered by Administrator for Client, and (2) Client shall be respopOk IranyandAiittensibio>xeItditnptementationettaeit:+1tpRlpilijliattlfaItnplementation. Credit ie Tay it as dNOOW above) vAth.respect to the transition and implementation of such benefit, offerings. To the extent abkv the.l�. it is the parties' intention that, for purposes of the Federal AndarC".mtr�wi:l� .t'.i��litsdr �ir�er�;obi:ieulLae. thr PRTvi .S:st�i�riit,;tea• imnlPmPntati� � !. MAM acknowledges 'tit 9 AA Wq* ka No 6llgrpai'i/or third -party t8onsultants from monies ardO to brH � b Adl t tu�ll tic_ i1Mtr ovisions of this ! Agreement. } E , F. Client expressly acknowledges, agrees, understands arlsl i?onllrms troll (i) Admtttiah%ior receives or may receive fees, rebates, commissions, payments and other remuneration from and through various soureck ! inclu t ne* 44i FM 1p Administrator has disclosed to Client herein that hal yes ar *' t� 0 i such fees, rebates, commissions, payments and other remuneration from suet Odurees, and pptut :: reasonable advance written request by Client, through its authorized representativ%. Administrator agrees to provid3 CW tq 4$400W h6mfion or data withtht . inistrowo possession � including without limitation specific payment or financial information, relating to this Agreetnenit`*W terms hereof, both in connection with the exact 'on ofthis Agreement by the Parties as of the Effeeti�-b0i and there0w6ft the Tktaei ' S ,' ` whether 400"J t intomiection with any filing with respect to Clients Plan or otherwise required etOitent or the Plan under applicable law, provided that such information will be made.availabie by A %strator at mutually convenient and reasonable tithes,, interval$ amt pfac es and at nock #o$* c oster�attpense toA**n rotor. In the event any infont requestdl by dent pursuant to suh-section (iii) of this Article WX is subject to an obligation .1#oenant Of confidentiality, Administrator agrees to exercise- reasonable efforts {provudc ;;W"ever, that such efforts shall _cket cost or expense) t4 ssa Y l 4 to disclose to Client any such information in Administrator's possession and/or control, subje4V, CRenift execution of a confidentiality agreement with Administrator and any other applicable party lg a form reasonably acceptable to Administrator atgr utt ', .10*UoW*pts►• Administrator may dent's. benefit advisor service fee which may in the form of a comrnssiotri ittlieting fee, inc e�gg o k y allowencm. j 1 At:RU V - 1ATE'PAYMENT A. If the Fees for Prescription Drug Cid, Transaction YOM110A*Mk—d*Oft Fees Or MW ether s i applicable payments specified or provided for in this Agreement are not paid by Client and received by th Cl' t h ll Administrator a service charg e ° Admmumator by the;due date of the applucable mvotce, en ren s a pay ate tmudttatnm amount allowable under applivOW W Jr_-* _* data 4%) of all then past due amounts. In addition to such service charge, any past due amounts (inclusive of servico charges) will *w interest beginning on the due date and continuing thereafter until fully paid at a rate oiftwelvep por tum (or the maximum amount allowable under applicablelaw f.04. amount it less than 1 $. Pothermore, if payment of the Fees for P Ox4gCklink the Transaction Fees, the n Rm or WW other applicable payments <payable bV664atee not received by the due date of the applic:altle invoice; Adntinisttatter may at its option and %v4,p00g (7) days' notice to Client and the same seven s dayAilsttato; this Agreement Vision of administrative service ' �i Y ' gr and descdvate all prescription drug cards issued to the Members: j CitttsuIt Article or Administrator's option and right to terminate this Agreement at any time if Client fails tomake 19-att4payment of such charges apJ44somfludingany applicable late fees and interest) to Administtatot: tv If at any time Administrator reasonably deters that Client may have difficulty meetin&ift ficamoW! commtmettta tmder_.this, Agreement, Administrator may request from Client financial Wbrinati* reasonable assurances, orbctth, satisfactory to Administrator as toClipt'fi;abiltty to-taately and fully meettts . . commitments and responsibilities hereundett: U*: ftp 1W lntt64 without l Administrator requiring Gent to make a deposit in such amount reasombly sufilclent in Administrator's . . t judgment to secure Cfines payment obl gatiotts. If Client provides Administrator with such a deposit, P -;a t:x.s­ _—A D. Administrator's failure to charge oral lect a service charge and/or interest flim Client shall not waive or otherwise limit in any respect any! right of Administrator under this A pkment to charge or collect a s%e charge antlfeta fnterest $ '(. ARIX32 VI-TIM ANDTZNWMitTm* A The aoitiai tem tlda A Sopwrit shall coapj►p Effective Date and shall continue in effect, unless sooner t as ptttVidettfierein, fora period of onei(1) year after the Effective Date gw' Initial Term"). Wass either:hrty gives thwather Party written notice 41h; intention to, terminate in the manner prescribed i8 Adiele VMS b0) at leasf aLitty days'h advance ofthe expiration tt>li then applicable Initial Term or Renewal Vett tits the case maybe), the Term of this Agreement shall automatically renew year renewal terms (each, a "Renewal Team without an addititllA ad extend..for additional eteae (1) y ") y i on the,put4either Party (unless sooner terminated as provided herein go $Ub'W to the consequences of any such t imttiqti) Administrator may terminate this Agreement at any time if its contractual �eutt v+►fthtPIDM terminates by giving at least sixty (60) days priorwritten notteeofthe termtnatfiarbt t+i' this Agreement to Client. ; B. Elft Party.sWUrminate thlit Agreement upon written=dwto the other Party if, as aresult injm tUrigloorobligatiow6fthe requesting Party would be materially and adversely affecM , a i tenninittion shall be of ective on the day immediately preceding the effective date of such chiftoo otied to ft provisions of immediately following sentence. Notwithstanding the foregoing sentettc4: 1 o Ptltrtlels heob$ agree to use prompt, good faith efforts to renegotiate the terms of this Agreement. Parties successfully dude such negotiations prior to the effective date of the change in .: Agreement shall not Inata told shall be amended to re tiect the negotiated terms mutually agrftililfift by daPitt. in tltte 4"irt *e:Ptttt es are unable to successfully conclude and reach mutual agreement throtrgllE f such Wod this Agreement shall terminate as provided above and here n. f i C On aid ft the dat4 d. this Agreement, AbWstrator shall iter clti ated to a>tab administrative serv'ti provilded for in this Agreement ,as .'bave been commenced prior 0 Vr dw 0 termination. Therefore, Prescription Drug Claims incurred esr reported after the date of teitttfinaf tltea.tlLe sow r 1f a ; p laiaftfisttio o"l istrator. Furthermore, termination of this Agreeni(erit glial tett ra0 IMAt of tis obligation tit pay Administrator for any outstanding Prescription Drug Claims, charges, furs Ouluding without limitation any applicable service charges), 'bkterest a�s1 I reasone* qmawdi�*Wsts aW ' fees by, AdministraW associated with such t;ol lection&. tt However, upon rtination of flus Agreement, l istrator shall not have any obligation to transition JPsescr ption Drug Claims files and/or history Ad vontains PBM and%etr Administrator cost and pricing lullbrmation to fps new preser benefit manager or *W, *dW *W party. D. Administtt OW,, it► its sole and absolute discretion, suspend performance stirterminate this Agreement at any time W'-'- gl any advane►amttice, written or other 6l tl Uient (or ,w*,-9ther party) and without penalty c t'liabirdy. *rater, li osW it(l) Client fails to make t�-fisyment ofthe lives for Prescription Drug Claims, the Admiti�ees or any other applicable payments owed to Administrator in accordance with the tertgs mW trot eke Agreement or, if requested, does not provide a deposit to AdministraW as provided in Adele V.0 abo%(2) Client makes an assignment for the benefit of creditors, (3) Client is,6e subject oft Voluntary or invalootaty petition #or bankruptcy or is adjudicated insolvent or bankrupt, or M et receiver or trustee is appointed for any portion of C061''4 qty. E Tuainatimof this A wriant sW1 W ormibate WWAM's t ►ts:ari i cii►7igations under Agdikl= . I lied . Articla IV (Piidaucf t tgemen* At V#40 Payments .Axticle Vt C; lg ation), ArtialoVi A(f4vtices), Article VJWV(, g l w{ Vibi w!Consent to As** Vill.D (Entire 4itt; Construction), i k tltft[iknll l 'itpthe Parties } COBRA t±il A , Duties) and the Glib.Application ifap icabfsi, r and obligations shall expressly survive ateyiel tdermination. AWl+t VU— MMMNIFWATION i lit{' MR IIIISTIOl1l1f#M WE 94FORMA1 001 t 'PAINED HEREIN IS CONFIDE"ZJ"�-Y,**P1 Y Al!ip CM SLCRIM OF ESI AND ttXBENEFIT,♦l i t$ 85 j A. Except as otherwise provided in 6k Agreement, ;and Administrator agratto YW ifthal attd b indemnify each other and each p1411''s Representatives from and against any tools t16jiled;solo indcmnifying Party's breach or tion of this Agreement or related to the sole 4* saw. misconduct of the indemnifyipgPilfts Hi. *dmowledges that: ji)Administrator and its Representatives do not bear any liability for Losses under d* Plan; (2) Administrator inti its Representatives ti 1* insure nor underwrite the liabiliVat Client under the Plan; and (3) Administrator's execution of this Ag6eement shall not be deemed as ttmption by Administrator or its Representatives of any responsibilities, obligations or duties other that# tlttrse required of Administrator pursuant to the express terms and conditions of this Agreement. C. Client further agrees to hold harmless and to indemnify Administrator and its RtpresCttta{i+YRs.*Orn and against all Losses arising from (ijCNeWs default in the performance ofiay4s% I 4rawation of Client under this Agreement; the Plan or otherwise owed to Client's tmployees and their dependents (whether or not in relation to this Agreement or the Plan), (ii) the acts or omissions of any Representative of { Clitist (VdkAw or not in relation to this Agreement or do or any representations, warranties, } I covenants or statements, whether written, oral or otherwise, made by Client to its Representatives and/or :.: j their dependents. Administrator agrees to hold harmless and to indemnify Client and its Representatives from and against all Losses arising1. tor's default b Aft performance of any dft requirement or obligation of Adm unddr" Agreement, or (z) the acts or omissions of any Representative of Administrokc (wh argot ittt[ritltlott to tW Agreement). D. Bub Party's liability to the other Party and its Re} rwatafives hereunder shall not exceed So actual proximate Losses caused by or arising from the indemnifying Party's breach or violation of, or 1Ctilure to perform, any term or provision of this Agreement.:ifp wiat Whatsoever shall either Party or any of its Representatives be Gable for any indirect, specisilFWtheittal, consequential, exemplary or punitive damages (in each case, to the fullest extent that such clasllt" may be waived by contract under applicable law), or any damages for lost profits relst4 to s . lille j *. tf a third party, however caused or arising, whether or not they have been iitlOched.ofthe •W*occurrence. ARTICLE Vlli — GENERAL PROVISIONS A. Changes in Agreement. This Agreement may be amended at any time, without prior notice to any Member, by mutual written agreement executed by Administrator (through its duly authorized representative) and Client (through its duly authorized representative). No employee, agent or representative of Administrator is authorized to amend or vary the terms and conditions of this Agreement or to make any agreement or promise not specificoy contained hereki waive an�r�tlboWf other than byt�ns prescribed above in this Article VIIIA.AD B. Natter. 440 notice& to be gives hasunder shall be deemed sufficiently given wW fi "writing and (1) actually delivered to the Party to be notified or (2) placed in an envelope directed to the Party to be notified at the following addresses and deposited in the United States mail by certified or registered mail, postage prepaid: V-*.Adadnistrator at: llho+e"fits, IM: pV,,7T s Skshosrn At 352311141M L airea Simmons dependents, as and whenever applicable) to and their participating dependents affected employees (and their dependents) of termin or otherwise. In the Oki of 1hanges i ; a deemed to cate#tltWu RIN to all employe Administrator to may Tplomor 4qmd l . notices to them hereunder and to notify the employees. Iqt U -also shall bo the responsibility of Client to notify all i off Agreeas **A* nistmtor pursuant+l AdivIO i thation of, the Agreement, notice to or by Client shall b0i their dependents, and no further ;notice need be given order Wr sf)ectuate any change ;,# V00066, htb*&br;laade available hereby. C Apptieaiyle ll twt Venue, Consent to Jurisdiictioz This Agreement shall be governed by, and construed and interpreted in accordance wit, illi* a titernal#ltht '`t}iio State of Florida without regard to conflicts of law y principles thereof. The Parties agree that the exclusive venue for any action, suit, claim, counterclaim, cross- claim or otherwise with respect to this Agreement and/or the subject matter hereof shall be in the Federgadd E j: state courts silting in Indian r'.4 r,'Florida (the "Florida Courts'), and each Party knowingly and voluntarily hereby submits and consents to the jo*diction of said courts over such Party and hereby expressly waives and releases any and all defenses, claims or other rights or remedies it may haV*,4t l assert or allege to establish that jurisdiction•or venue in the Florida CmMj4*%or, improper or otherwise invalid in any respect. As such, eaclli) 'agrees that any such Florida 60ttrta shall have in person► jurisdiction over it and consents to sovioe*process in any manner authorized by Florida law, Each Party Anther covenants not to sue the otherParty-or such ar 's Representatives) in any eoojurisdiction other 'then the Florida Courts. D. Entire Agreement; Construction. . 1. This Agreement (as defi=4 k Aj*k 1(Ccrftjn Definihoo,10 constitutes the ante agreement and ands a ti�ta 11'i4s tia.r or4w itr written communication between the Parties with tis to -the "jea kagmhereof This Agreement may be amended or modified at arty time (without notice to any Ntomber or other third party) in writing, signed by authorized representatives of. l # stra*t d 0919, 1Il Representative of the Administrator is authorized to amend orvary the termsmW 0MA11M vMs Agreement or to make any agreement or promise not specifically omtained herein or to waive any provision hereof other than by the means prescribed above -in tl `AM610 ltM.l X In the event eny provision of this Agreement "I be determined invalid or unenforceable, such imi0,. ortmenforceability shed tlrl(#nvalidAtlfyDlmARI I forceable the entire Agreement, but rather this Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly; provided, thea ifitta iunenforceability -Dt such provision(s) shall, in the reasonable, good faith opinion of either Party, have a material adverse effect on such Party's rights or obligations under this Agreement, then the Agreement may be terminated by such Party upon d ft ( O) days advance written notice by such -0 ills odW PAO, 3. The Parties acknowledge that: (i) this Agreement is the prodad. of good faith, arm *4 nem betyYeala� ;p6*F*rties possess substar�ioyoggal bargaining poya t each Party has had the opportunity to obtain the advice of lel iptiunsel regarding ttut 'POPM and execution of this Agreement. ` 4. This Agreement is not a third party beneficiary contract, nor shall this Agreert pio...° bd construed or deemed to create) any rights or remedies, whether legal, equitable Abe against Administrator, behalfofimbersorll►f►tllydp _, as i. � This Agreerrtafttv'oot`itoD�insurance and Adminis*OD i tllk;l ref t . Client's liabilityunder,orr, t Jlrei'4m I atherwtim.+p3ai A&Agreement, Client has and will retain thE#esponsrbility for payment ofPreItrttg Claims and:. ether expenses under the Plan. 'iRD Ill 1'f f% ' 'TIIdM CONTAINED HEREIN ISIf tvMI) DENT A 0"S "* JftAM tiJVCRETS OF ESI ANDUSEMFITS 87 is F L: • E. F 6. The article and section loodhWeeptained in this Agreemei**. *s * for the purpose of reference, are not part of the agreeamat offt pubes and shall not hi atpr way sffed the meaning or interpretation of this Agrecw.sa . Attthe't#y; �Oagtet�trpt, Tfie� � ./4gweemetrt eadt testnts-and warrents t1>at bttt N11corporateorcompaa�r, rtooWil�it�ent on behatfothis/herrespectiveParty andi®;i r Wnd and obligate t P W by so signing, itionally, t>peq ! signature JW W* OWUAW signatot(ies) of Client in each signature block of" Agreement (ailed#* tent ApplioWm and the Business Associate Agreement made a part of this Ag� Client re Au�l{,7xxreutt,{tONanants and agrees that it has the necessary power and authorigr gcopw4 :oompaaytal :(IyIN1 #*,,all necessary actiot im been taken Por Client), to enter into this Agreement and such other agreements and to consum b 60 I transactions provided for herein and therein. This Agreement (including the exhibits hereto) may beilMiei1iftd . l simultaneously in any numberofoounterparts, eack ts** shall be deemed as atObut a# shall constitute one and the same instrument. Facsimile signatures or signatures transmitted_10.000 do mail shall be deemed to be original signatures for all purposes. E Relationship of the Parties. i I. Administrator and Client are, and shaQelttidlimes be, solely independent contractors. %tsither PWq nor its Representatives is, nor shall such Party or its Representatives be construed to be, by any Party to this Agreement or by any third party, an employee, joint venturer, partner, principal, agent, . master, servant, fiduciary or other Representatiitiwi $f ftiother Party. Neither Party is authorized to: assume or create any obligations, duties or liabilities, express or implied, on behalf of or in the a mile of the other Party, except as otherwise expressly provided to the contrary in this Agreenwa Furthermore, Client acknowledges, agrees a WiWerstands that Administrator, on the one hand 4W j PBM and any other contracting parties of Adminislomor, on 6@ other hand, are unaffiliated entities i and independent parties who are solely buiependeti oeptxtealwof one another. I Client acknowledges that~ (#j Client shall be relpeAa 1W in its soft di ll, flu tlhe eeleptioa of any consultants or expenit Wpt'ovide advice tt :.hent as to liabilities uati W ffiW"t Or *Aim l obligations of the Plan or i�ielrt under a g ppiigt*iVtrar othaand ((�ip>Ifada: � hereunder with Administrator for the provision of any such by Administrator Te! lite contrary, the Parties expressly acknowledge that Administrator will not provide such a1 M l Client, and that neither Party has any obligatielt eatrasponsibility to advise the other OW: such other Party's compliance or noncompliance' with any law, regulation, statute, rule or Oft (including without limitation under ERISA, the Internal Revenue Code, the Public Health 9ertibet Act and/or any regulation with respect to the any of the foregoing). 3. Client expressly acknowledges and agrees that: (i) Administrator is not (nor shall it be deemed to be at any tis* a "fiduoiW*r any purpose under ENNA, the Internal Revenue Code and/or the Public Health Services Act (sod any regulations thereunder) applicable state law, common law or otherwise; (ii) Administrator is not (nor shall it be deemed t0:be at. any time) the administrator of the Plan for any purpose; $111) t(and not Administrator) poossawand exprai sptains at all Gimes during this Agreement and thereafter the sole and absolute ae6ority and responsibility to design, amend, terminate, modify, in whole or in part, all or any portion of the Plan, including without limitation the sole and absolute authorIbtlt3 aontrol and administer the #W,attd'i q #tea of the Plan, and such audiork and responsibility patriot be delegated to Administrator, and (W) Client (and not Air) has complete discteopitary, binding and final authority to construe the terms of the Pla%-1br interpret ambiguou*1 %a language, to make factual determinations regarding the payment of Prescription Drug Claims or provision of benefits, to review denied Prescription Drug Claims and to resolve complaints by Members. G. Compliance with Laws. Force Maieum • Party and ifs: performance hereunder, including without limitation the federal anti -kickback statute set>�oatlt at441;7T.,S,C. § 1320a•7b(b) ("AntiAickback Statute 1), the Public Contracts Ami t Statute, anft. federal "Stark Law"set forth at 42 U.S.C. § 1395nn ("St aw"), atsat4tit+tlita extent applicable to each such Party. Each Party imsponsible for obtaining its own legal advice concerning its compliance with applicable laws. lfAdministrator's performance of its duties and Obligations underthis Agreement is made materiallymore burdensome or expensive due to a change ia; # state ar )mom regulations or the interpretation or enforcement thereof, the Parties shall, at the option of Administrator, negotiate promptly and in good faith an appropriate adjustment to the fees, costs, expenses and/or charges paid to Administrator hereunder or other amendment to ` sonably necessary in light of Yb 011 ng,eea lett sit lation or the interpretation or a nibrcementt thereof. If the Parties cannot agree on such ash» ste d amounts or amended terms, ter either Patty may terminate this Agreement upon thirty (30) days prior written noncan *ft . gOW Party. .. .. - :.. 2, Neither 013M. im. -A l*Wr jW -bi- JW ". * t .. gill �r pie the prescription r � benefit and relategAra p Agreetner tle sr embem6sft ldt0-if ' t. applicable, Members; are lobated in a state requiring a ptescrpilon benefit manager to be it fiduciary to Client or lWernbers, in any capacity, contrary to or inconsistent with the terms and co specifically -i ig Agreement.la*aaventanystattfbt4Wregulationrequires PBM or Administrator to be,41 ary to Client ori I-AWbe r contrary b, iwinconsistent with the terms and conditions identifitilmibis Agreement; Administrator may not to provide such press robin drug ben4taatl t dservices identified in this Agreement) t the impacted Members upon dft (30) days 'pd a writtet.*dce to Client. 3. Each P", upon giving prompt written notice thereof*t*e rllm%shall:aaE liable for delay or failure to perform hereunder, if such delay or failure is due to t cause or causes beyond the reasonable control of such Patty { rce Maieure Event"). For imposes of this Agreement, a FtttaaMajeure Ever •include, lttit.a i1 A6HW1hWW 4o, acts otAl or the public enea ,: , flood, storms, explosion, earthquake, ww ierroiism„ malicious mischief, accident, transprit atioif tie-up, riot or civil insurreatwn, embargra, lr jrcott, lock -out, strike or labor disturbance, slowdown or labor stoppage ofm ykindw,sete ► ment, foreign or domestic. Each Party shall have rite option, but not the obligation, to terminate this Agreement in its entirety if the odrsC Party fails to perform any mate:rial.obligation of this Agreement because of tate occurrence of a lr Majeure t iiia and 40yilr Q) do tlfl* O'erbreach within third. Cs after the oecntrrence of die 1 i e MA} ury Nord, or (ii) such failure is not reasonably sub cure within such period. The non -breaching PAttly must provide written notice of termination to thcs breaching Party. H. Access to Information; Audit Rights; Government Agency Submitted Claims... i 1. Admirtistratgr end E W will allow each other gable access at reasonable times to administrative nttaiion relatingto this Agreement andthe Parties' respective duties, obligations andadibed herein, "vrn ofreasonable advance uesti - $i g �3ii ng i ' T (subject to any limitations with respttd Jo information that is not int fhe possession or control of" Administrator or is otherwise subject WA of confidentiality. ht favor of a third party). 111W, agrees to execute a confidentiality agreement ia ,wml content sattsfk0J l R t11E el Isis4isigParty as a condition precedent to being permitted such access to such inforn*6 long as such agreement is consistent with law. 2. Client, or a mutually acceptable independent, third party sudifor retained by Client; may conduct, With at least ) days prior written notice and at Client's sole cost and expense, an annual haseriptioa lt1 q fAbIlaina audit of Administrator's data that directly relates to Prescription Drug Claims biilings."i r &a prior Agreement year. The scope and manner of such a Prescription Drug t lfiirtl"s audit.(inciuding applicable guidelines and timelines) shall be as reasonably determined by A tiistrator and communicated la C ent sufficiently, in advance elf t ":such.a W,:Axy S" audit°athall bo conducted in accordance with PBM's au k.protocol the "40 place* OW`. 'W" FOR DISTRIBUlZl0k T1WJNJVVXATWN CONTAINED HEREIN WVONFTDW('1 , '#r 1 i . AM, C,0"Wn177 T DE SECRETS OF ESI ANDIMENEFTE$ p89 �. . 1. i .. .. : c I. . i.: will be provided to Client upon request therefo} Cexecute (and shall cause agrees thatlzt: f i any mutually acceptable independent, third patVainillor taking partfi MW such audit to execute) a confidentiality agreement in form and conte4,010nably accio.Oft ft. Administrator and PBIItX. . pilar to conducting anyaugoadit, so long art t 1ptment lgapenbW with hm- AV requea#' :: P bar Client to permit an auditorto perform an audit will constitute CbW#Akwtion acid autltorizatiou.. : a1 Administrator and PBM to disclose PHI to auditor. hu, err40 of an audit by a mutually aot tt>pt#blts independent third para►. AAiinistrator,tsad afKJi W shall be poops ed allot report or otherWud tit materials doeuittoWng such audit and Amu 87tatidt' llarvwl :: i a reasonable opportunity to comment on any such report or written materials documed"a" atttftbefore such we finalized. Upw '." ; results and agmsionlit between Earl . ,dhistrator on any identified adjustments or discrepancies, if any, the period under rete witl b eamidetted closed by the Parties and such agreed upon adjustment payments, if any, shathe paid by appropriate party within thirty (* af4socution by the Parties of an appropriate release downtettt cowering the audit period. 'Mot acknowledges that it shall not be entitled to audit documents that Administrator is barred from disclosing by applicable law or pursuant to an obligs*w of eonfidentiai ty to g Olrd party or that are not mldw the direct or control of Adie. Admit : aa*b 100% of claims available to the COW or a mutually e third PAY r>mrlilsadtyC" 10 flit the processing contract:� f 3. cum aclttkow kdges Ib1t getverrtrnow ageticies may seek eligibility or similar :data from Administrator or PBM reprding Members and may submit to Administrator or PBM claims for reimbursement for prescription drug benefits provided to such government agencies (or their agents) to Members {"Government Claiars"). Administrator authorizes Administrator and PBM to provide such data as requested by gets Ent agencies or their aur d agd s and furtlt . authorizes Administrator and/or PBM 14 process such Goveraniatt Oams. Cum acknoloedges that Administrator may advance payment for Goversuracrt Claim on behalf`of Client. Client shall reimburse Administrator, in accordance with CN7Jt s payment oblimadons under thla Agrecment, for all amounts advanced #ty Administrator' P payment. ti ent CIRU* .CUM acknowledges that Government Chdms submitted bpetdta x on blfofttrSWO Medicadd A&cy shall be paid if submitted within throe M years from the original dde of fill unless a i period is required by applicable Im In addition, Government Claims submitted Wv*4 �+ a state Medicaid agency may not be denied on the basis of the ft" ofthe Go!t!ekr OW0.66 or failure to present proper documentation at the point-of-sale. Chart shall also reirrtbeuxitAdministrator for any adjustments orreconciliationsfop *Wously processed Governni M t i tRttlW be payahie i to government agencies in accordance with applicable laws and regulat�Ri�adinistrative fee l for processing Government Claims shall be invoiced at the paper sob~ claim rate already j agreed to by the Parties or as otherwise agreed upon in writing bytr#.6pia j Administrator reserves the right to (a) terminate these services upon nyiidy, *pllYoe b Client, or (b) delegate these services to a third party claims processor othert I. Confidential and ProprietarybillbrmatN" 1. The term "Confidential Information" lohtik4 W 1R akt#..limited 1% tit Agreement .ar ally information of either Client or Administratot include wiNiout limitation its designees) (including gn ) #t0fieSw::. i oral, written, electronic, visual or fixed in any tangible medium of expression) relating 1p either party's services, operations, systems, program, mentions, techniques, suppliers, cWrs and prospective customers, contractors, costs and pricing data, trade secrets, know-how, processes„ plans, designs and other information of or relating to either party's business. Confidential Information does not include Protected Healdi Information, the use and disclosure of which is ' governed by Article IX.0 (including Exhibit B i(dis Agreement. 2. Unless otherwise provided by law and subjestto; ion lIIkv. )*rein, AdministratatstW=Ebo shall not disclose or make use of any Confidential Informatibb except as permitted under this Agreement without the prior written consent of the ton -disclosing party, which consent may be conditioned upon the execution.eda apeftdqWlii y Agreement. Each party may jusclose Confidential )hformation of the other party ti11 46 11lr*Uffiorized Representatives who haves need NW MA DOM Tflt K =E INFORNOWN CONTAINft $ORIN IS CONFIDENTIAL, PA(WR !'r AT 4=WITUTlg67FrADE SECRETS ttllt` AND RXBENEFiTS (. 90 J :. t --- i F i to know the Confidential Ipjpcination in order to accomplishfopurpose of this Agreement and't (i) have been informed at'the confidential and proprietary iture of the Confidential Informal i I and (ii) with respect I*moresentatives, have agree$ In Ming not to disclose 4;'* ttilters aridly . f "' "creat it in accordance *0rCquirements of this Srt. A4ministratoror�.A applicable; shall be responsible to Patty for any liaNA at Us Agreema* *' respective . . Representatives. f 3 :: Ue, foregoing shall not applyaeti f�tttldentiolIDAN Iont4tii�rs bttbr»ti�titttti 01l 6comes generally availabdi tla niox+tt to the p'iMrough n6 `, "'tsmetving partyr " ft.la nation was &kcp* ko"vs 1W.,or availabht4o *a recei to the disclosure by the other party on a non -co iltential: this; (iii) the in%rmatiala is subsequetith' disclosed to the receiving party by*hird patty who iis`ttot under any obligation 6fconfidentiality to the disclosing p r;;fiv) the inli ition has already been or is hereafter independently acquired orAtiveloped by #* Ming party 0.ithout violating any confidentiality agreement or other simr'htr a lligation; or vj fire tdformation issequired to be disclosed pursuant to a court order or (vi) purst to law and 6 �. subject io Section. ) herein. Except in accordance with the requirements ofthb As"V16A neither Party not its Representatives may disclose, or permit to be disclosed, Coididentiai Information af#he other party as an expert witness in any proceeding, or in response to*'re"est for information by oral questions, interrogatories, document requests, subpoena;, r hlvestigative demand, formol tOriti4mral investigation by any government agency, judicial process at otherwise, It o0w Pllu4or a W of its respective Representatives, is requested to disclose the ConfidefitknttSti r nnation of the cdher party for any of the reasons described in the preceding sentence such Party shall give prompt prior written notice to the other Party to allow :the other party to seek an appropriate protective order or modification ofany requested dish; The receiving party agrees to reasonably coo rata with the disclosing party in any action- disclosing p tlt.+ti wait protective order curl f appropriate remedy. If the party is ultimately leg�481311pellat to disclose such CoAdontial Information, the too ng party shall disclose the minims required pursuant to the court order car outer Ito compuls ot, 4. Without limiting any odw ragttts rind remedies available unifierAis Agreement or otherwise, any tyae"0ltiel Information voot3ause Administr bit' 4ty'�as applicable, immediate and irreparable Injury or loss that may not be adequately compensated with elamages. Accordingly, if eitherParty fails to comply with this Article VIILI, the other Party Wfilbea titled°Wseek to obtain specific performance including immedia* issuance of a tempora Mhoilift ceder or preliminary itgunction enforcing this Agreement, and to judgmerrtt for lAmW ciiiiwd by tbe.breach, and to spik- le obtain any other remedies provided by law or4ta"iV. J. styd )Recitals. Ab Recitals to this Agreement set forth,06a - and 'alltxhi%it,MAid l incorporated fido and made a part of this Agreement Wi* reference. K. AssipaicaL NOMM FOV any UOP Ellice Ag mMd without M-prmrmrftft consent ofthe omen-po y, provided such oonseM not be unreasonably withheld. However, Administrator may assigl3 A,grtt motordideaW the4tifies to be perform4,*yw6"fofAdminidratorunder this Agreement. the consent of Administrator as part of the sale o eff, or -substantially all, of the assets of Administrator or simihw We or disposition of Administrator that would, upon consummation, be deemed to constitute an E assignment ofthis Agreement under applicable law. t L. Diselosure 01'Client Information.so Third P_61101i Confidentiality. t ttcltttovvles. understands and agrees that it may be necessary.0 .'*r ,Al&apiuritltMM a informati(*,�:ftvlloki provided by or otherwise regarding or to. CIeaR's tvr Client's employees and . Members (excludiirgaq infor#ttation 00 l t1�I4laWAO vendors, consultants, brokers or other title is oattn+ei�tgi tbbligations by, or requttad-4 ,Adn toe tinder t1 itNr otherwise relating to its performance hereunder: # In eontte any such di,....Io9ute$ atilatl It on oW to protect the confidentiality of such disclosed ' it brma rttt AdMAdstraW sett N .40cute and ddjtw a t ooddea d 41ft ftlease 44d s inti> mnifi can egreemant in a mutually agreed>apon Aim. NOT FOR .f3M JBvr-, , T—IM #EREIN IS CONFID4 . , ._. AIWV �tICPB 91 4 I AxTCr=& tK — muw ESA Alm lllVAA A. now i#'C1ws w%ft of *a P*wti ) iE►rogram provided for in this AgmWent constitutes part *f*. l pJW Wlft ft ttftft aft *i) ttf 1118 iJSA, it is undq*W and agreed that the duties of Clint and A.tlttyWeltakiwe as l ows: C. I . Plan and Summary Description: NSWI be the dutyt (and not the duW0.9l lk11i4 �o furnish any Plan, summary plan description or summary of material mod: oo 44 and beneficiaries as required by ERISA and any regulations under it. It tdt�:tia go AMW of AdMinistrator to p� Client, amtttequest, s $Nnsnary of benefits avatfa l-f)k11 for use in conjunction with the summary plan description and summary of mater* modifications. ;. . 2. Annual and Summary Annual Reports: It shall bei ► of Client to furnish any annual reports to participants and/or governmental agencies as required by ERISA, the Internal Revenue Code and any regulations thereunder. It shall be the duty of Administrator to send to Client, upotrtlient's reasonable request, such information ninistrator has within its possessinpt:+l F . Client to make the annual repoft It shall be the duty of Client to providq• mum summary annual reports as requited by ERISA &0 may regulations under it. 3. Plan Administrator: It is expressly understood and agreed by the Parties to this Agreement that airy and all duties assigned by LISA and any regulations thereunder to the Plan Administrator including, but not limitedtb dwse duties specifiedIs **Plan shall be deemed for purposes of this Agreement as duties of Client and not those of Administrator. Continuation Coverage. It is also expressly understood and agreed by the Parties to this Agreement that the compliance with continuation coverage requirements imposed on group health plans by ERISA, the Internal Revenue Code and the Public Health Service Act (including the regulations thereunder) shall be the sole obligation Of Client under " Agreement and iM* the obligation of Abdobb#1W • Further, Administrator will not accept payment directly from any employee or former employee (or dependent of such employee or former employee) who is eligible for continuation coverage under the Plan. It shall be the responsibility of Client (and not Administrator), or sucht> third party ado4ft ill handling the group health plan of which the Prescription Drug Program is a part, to collect the premiums due from the employee or former employee (or dependent of such employee or former employee) for continuation coverage and to satisfy any and skadw C .ittmi 14*wsibilities relating. H1J?AA and Ptr*W trard I. 1410111 also shall W solely responsible for any and all duties and responsibilities under HIPAA and similar state law that may apply to the Prescription Drug Program offered under this Agreement at any time, includingi+t t wrat AkiW to those provisions relating to portability, non-discrimination, privacy and security. 'The Parties will cause a HIPAA Business Associate Agreement in the form attached hereto as Exhibit B to be signed by their respective authorized representatives as of the Effective Date and will comply with the obligations required of the Parties therein. 2. Prescription Drug Claims, as well as eligibillivaloittnetion, which is de -identified in aeta a .: with HIPAA and other applicable law, and t Is ti* id"fiable on a Member basis mew.be j used, disclosed, reproduced, adapted or sold by PBM. Such de -identified data may bo W nationally recognized data integration firms to support appropriate administration of drug management programs as this benchmarking data enabler AM to compare against odw drug population sets and seek to improve programs and services for clients. AN WMESS WHEREOF, Administrator and Client have caused this Agreement to be executed and dWkwW by their respective authorized representatives as of the E r ctive Date. } i, t i * Note: Client may add or delete Authorized Websiie U $w*'Wing written notice of soca' 10 Administrator pursuant to the notice provisions of Attk/dAgreement. j IL PLAN DESIGN; MEM OW itar Cod Shares P]easeeeet�s� Vrm t represents and warrants that so design of Mrit's J%n as reflected in a Plan design document for Client .aCCuc$te]yie$ectsthq litalia ttftboftliWfor purposes of this Agreement, Client shall provide Adtnlnisttstor witb'11t veritten !7 Proposed changes to B design of Client's Asti {including the MOD whtch changes b�con:kistedt tht scope and nature of Stivices to be provided by Administrator under Otis Agreement.agjiees that is responsible for Losses solclyulting from any failure. to imp]emeat }?lan desiign changes which are not comm>ti]cated in writing to Administrator. In addition, Client shah notifjr Members ofany Plan design changes prior to the effective date of my such changes, C. SERVICES, )NIULARY; PRIGiliii i VARANTEES. 1.. Base Administrative Services: Tlttttng se raii *elobse administratho services made available to Client and its Members pursuant t6.the Agreement (4fthOng this Exhibit A){$te "Base Administrative Services"), as applicable: • Aftiidstration of bligibift submitted via tape or telecommunication *. igib lity maintenance • Orient support system JbtQ6410e access to current eligibility • Administration ofd Pkn.•besign 134-network claims ad*icaticevia on-line claims adjudication system :: Designated Account Team s Tient clinical w4plovansulting, analysis and cost projections V A meal analysis tsf pWam utilization and impact of plan design and managed care btterventions + Welcome Package;MrA 10 Cards SYtr new Members 1 • Standard Toll-free tele40gil[at'1Ftflertp igttt--td.'s...: '..: :.. ' t benefits peraDtsnaifi 2. . . . . v,►'tll'pay fit additi�lnel etitt%stretive' tvica§ (Re-ft.. l iWm at [ye'igarw9ccs" rrsisd'YtxkgD'Woded in the Base AAMinistrative Services that are requested by int and provided or trade wall"'by A*9nisGator andar ft-proviiin as follows: I. Administmetha i 4 L j } ;r E i °: � 0 � 0 PBM Services ii'+ltt Transaction Fees Payable for Administrative SetYaes (per $0.65 per Prescri!_ Article IV.B of the A reement a able Member -submitted paper clailm Processi fe $2.501 Medicaid subrogation clal-mift- vanced t ltlzation mbined`lBenefit Miry Services to manage combined in per. a -cu or up 16 that -an incl a consumer -directed health (C"'OW magmum of'0.20J44►r existing connection Services Wude ongoing managementafdie dWO with medical carrier or TPA, exchange platform with the medical trvWbaVA, production monitoring and quality oobl, w6d designated 140 to Willopnnectiopwith i `"' operatiotii t.W.L.Combined benefit japes may include 47PA etrt� upon request. deductible, -out dtpocket, spending account, and lifetime maximum. Network Pbomag Seryl Network PhaMacy Audit hagram au!. Reviews and eats Managem It#ign Dete > &--overage ) att'%T jjp in Ai, 1i W A i 1M : One Appeals lrtW CWMWAuthorization Program; consisting of Prtar Alia db R14Q1" itlilf bW a�swl 14W OW- pest t yr - Benefit Review Program, oto gtrfr rwslam► Plan Design Related R Plan,E cion Res�;(+Dl% t9t~ reviewwof non-oaverW Copay Reviews P��}' Awiettra fte, 8 , days' lY Platt Ru e//Adminishati Rev*ws(Non-clikicai z.: I t t l is V t • 3. Peidpg. Thr fman"ftosl set forth are cor dftt►cd on suets arrangement and 411 conditions set forth in xhibitt A ofthe Agreement. Client will pay to A�t r the amounts sbeIOWj=t.} " ofappiicable Copayments. The application of brand and generic alkw. be subject to certain "dispensed: as written" (DAW) protocols and Client defined plan design and coveil009 V".4cies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surchargN A& be the responsibility of Client. Members will always pay based on the logic below: 0—INA. Ir .... a..J�'r.� .fie r"rA/. �::w. ;k:bllw - ...�...�r:..:..,r�rti. .w I�SZL.rdJi i►v.u�rw..f^� rod ad 11 f -Appos6 —LVM i3W!ti. a jaiij $0.00 per review+'t' 1 CI i t, SW Ate* .. review fees above) %ovol;Qw ig'tr i+[th onlj+ one level 44% * this additional fee is applied to each initial '► ties be i rgent at Level One or IA" id iq1 determination. aWdt t 8 ttmgnal and binding pe rg o by Independent Review O anima t?iM�11»' fora adfathered Tans Comprehensive Consumer Driven Health (C Sflhttion Consumer t toffee flan All ser0d JW Plti Technical Technical and Member Advocacy -..,VZ" $i-direcdoW data exchange; dedicated operations; 24- Health Choices and Drug Choices:: hour a day, seven -days a week monitoring and quality corttt4laMt performancereporting; and analytics "these charges would be in addition to any pricing Dedicated CDH member services, open enrollment tools adjustments if greater than ten percent of Client's total and member communications library, robust online utilization for all Pians is attributable to a CDHC. features, fast preventive care Health Choices Medication Adherence Monitoring andOwreach and proactive, personalind member commupications Drug Choices Benefit Coaching, Prescription Benefit Review Statements, proactive, personalized member communications Medicare Part D — Retiree Drug SuWid Part D subsidy enhanced servio (ESI sends reports to .11:111*10M for Medicare -qualified Metmbox svitt a.. CMS on behalf of Client)tlnr►uai fee of $7,500 i Notice of gred liblepum+p2stage Part D Subsidy standard f " t31$OAVJWV-Jbr Medicare -qualified Members,*** Client) tlptutal fee of $5,000 A, 3. Peidpg. Thr fman"ftosl set forth are cor dftt►cd on suets arrangement and 411 conditions set forth in xhibitt A ofthe Agreement. Client will pay to A�t r the amounts sbeIOWj=t.} " ofappiicable Copayments. The application of brand and generic alkw. be subject to certain "dispensed: as written" (DAW) protocols and Client defined plan design and coveil009 V".4cies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surchargN A& be the responsibility of Client. Members will always pay based on the logic below: 0—INA. Ir .... a..J�'r.� .fie r"rA/. �::w. ;k:bllw - ...�...�r:..:..,r�rti. .w I�SZL.rdJi i►v.u�rw..f^� I []-(total discounted AWP ingredient cost (excluding dispensing fees and claims with ancillary. :. charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the .. annual perio dit+ ded by total undiscounted AWP ingredient cost (both amounts will be calculated r as of the date of adjudication) *.dm:Annual period)). I �. Notwithstanding anything herein to the contnrr. (6)aftewlption Drug Claim that processes at the Brand rates (Participating Pharmacy Reimbursement Re" tnd (Mail Pharmacy Reimbursement Rues), as indicated on the ingredient cost field of the Pttion Drug Claim's data record, shall be saeonciled as part of the Brand guarantee below; and t*&*escription Drug Claim that processes at the Generic rates (Participating Ph ent Rates and Mail Pharmacy ([' paling armap�,t .)(ipi�m ) ( Y Reimbursement Rates) above, as indicated ottAs lent cost field of the Prescription Drug Claim's data record, shall he reconciled as pat4f the Generic guarantee below. The only Prescription Drug Claims that shall be excluded from the reconciliation of the pricing guarantees are as identified in the "Claims Excluded" column of the table below. Al other Prescription larug Cleiets shall be included in the reconciliation of the guarantees. I of Guarnafte Participating Pharmacy Smart" Walgreens Network" extended (84-90) days' su l ift Pha +f 11iMIN1# . ..... .. : #mpounds, Member . Subrogation Claims, vaccinia„ Specialty Products, biosimilar products, long to" care pharmacy claims and productak l�.#AW or Brand 14?.*%AWP— L7.t+P!'o AWP =-24, '�` 240 pharmacies fifapplicable), Devices; 1ict(Member Submitted Claims, Non - al Providers (MilitaryNoterans/Home if ion(LIVTribalMdian/Urban), U&C Claims, Reversedlrrcted Claims : post*wnds, Member Submitted Claims, Claims, vaccines, Specialty Products, *ducts, ling term caro pharmacy �` � AWP—�40b dl =widproducts lldiltrough in-house or Genede AWP — 84.80% pharmacies (if applieable),.Devices; Direct/Member Submitted Clai, Non ltlyditional Providers (Hili ranslHome b tfinion/LTC/TribaUInd[e an), U&C CtaiNk ected Claims I j Dispensing Fee. ESI will guarantee a maximum average aggregate annual per claim dispensing fee owCNW u +cation to be calculated as follows,. [total dispensing fee of applicableAi" im [p.Wod divided by total claims for the annual period). s are inclusive of shipping and it carrierraws ti • ..... _ oo111 0 ai prierseryWjncrease during Ofthis Agreement, tha �legetarant�rr tint be � l�#lect>as� Guarasos 1Mili 1<le measuiixl *d,r0qWW op aoll 'FDffittt 40W.Changes its berg design or Formulary during the term ofthe A.greemen''t, the guarari�i�aiiil be equitably adjusted ifthere is a material impact on; the discount achieved. Subject to the remaining terms of''thls Agreement, ESl will pay -*e difference of Client's cost f€or ally shoe it ae#itd Itl.4 the guaranteed resulD..;F.QIkptl11p111 > fineasureme WOW " ' f guarantee in this � or Amendments to this Agreement, over many component wifL�ttot`bo• � t0 Offset lfOifOtAaaie in an other measured pricing component. is NOT G i l r .. k i. s FM QXJ WMXMM, TW.9WQXWX1ON CONTAINED HEREWWCONFIDEi .,,ii AU AM VO NSTp'itIMISITME SECRETS OF ESI 14",WMENEFI1* 14 AA ... ... VV supply Claims Excluded i01i*ound,,$J Submitted til ift, $bbrogatlwi Claims, vaccines* SpeeialtyProducts, biosimilar producl:116, long term care pharmacy claims aad Generic op fined through in-house or Drug �l wmacies (if applicablOPevicein Dispensing $0.80 $O:OQ t rect/Member SubmitteilC Fee/Claim* TtWitional Providers *ilitatp>weteranstHome Wusior &,T4=tilaUindian/Urban), Clainik'PtAm irsed/Rejected compounds, Member Submitted ;$abrogation Claims, vaccines, Products, biosimilar products, to pharmacy claires1 $end products filletthrough in-house of)40b pharmacies (if applicable), Devic* Dispensing Dispensing $0.80 $0.00 $0.00 �Mtember Submitted Claims,V ' Fee/Claim* Traditional Providers 04ilitaryNeterans/Home ltd:. " I/Indian/Urban), Cww s are inclusive of shipping and it carrierraws ti • ..... _ oo111 0 ai prierseryWjncrease during Ofthis Agreement, tha �legetarant�rr tint be � l�#lect>as� Guarasos 1Mili 1<le measuiixl *d,r0qWW op aoll 'FDffittt 40W.Changes its berg design or Formulary during the term ofthe A.greemen''t, the guarari�i�aiiil be equitably adjusted ifthere is a material impact on; the discount achieved. Subject to the remaining terms of''thls Agreement, ESl will pay -*e difference of Client's cost f€or ally shoe it ae#itd Itl.4 the guaranteed resulD..;F.QIkptl11p111 > fineasureme WOW " ' f guarantee in this � or Amendments to this Agreement, over many component wifL�ttot`bo• � t0 Offset lfOifOtAaaie in an other measured pricing component. is NOT G i l r .. k i. s FM QXJ WMXMM, TW.9WQXWX1ON CONTAINED HEREWWCONFIDEi .,,ii AU AM VO NSTp'itIMISITME SECRETS OF ESI 14",WMENEFI1* 14 AA ... ... VV jj • I i 3.2 Sriecialty Products { (a) Exclusive ESI Spur Macy is the exclusive provider of Specialty Products 11r'the reimbursement rates shown on the Exclusi,t Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating Pharmacy. (So 40imple, limited distribution product not then available through ESI C ! Specialty Pharmacy or oyvrrides) will ire=ta ttbursed at the standard Participating Jharmacy Specialty tt 1t } I tt" below. Up(* li Specialty Pharmacy acquisition of limited distributiori.jtCiucts, Membet5e i prescriptions throughIS1 Specialty Pharmacy. s , (b) frit A/1ts tiMb: l . pt ialty _ "'`,elft nal chargeto t".Gosts of all ASES require4io i administer the SpeciaIty Preduots, the fallowing standt W per diem and nursing fee rill shalt apply. Exceptions to the standard per 4isw 494 nursing rates are set forth iih below, whirm liist-Dray be updated fid -time to foo by ESI. Pricing for home . supplies and services provided at N4ick*ft Pbormacies (for example, C't`rl distribution products not then availabilaitrouglt08alty Pharmacy or overrides)'i O be pass through. - i t htiogtdi�pep�ptttt�li�2hirsand,'8itl6ricd'ie►.�Mi`Fees Brand Name F EPOPROSTENC>g+ {: REM discoot Support Nursing, SuPP►Pum ,frst two training I _ , and Coordination ofin-Person Nursing. In-home nursing that is requested/needed I beyond the first two training visits will be charged at a rate of $150 for the first two hours and $75 for every hour after, (c) SpecittlCy Products will be excluded Am lite ton -specialty price guarantees set '.. Agreement. In no event vd1l the Mail Service PharmaeyorPartieitiatins Pharmacy pricing tent Ott Agreement, including, but not limited to, the annual averagett cost discount guarantees, apply to Specialty Products. ( Usba 9dwvAw'j4jbftin an agreement directly between ESI Specialty Pharmacy and Client„ if is Pr(ygt:k ' pt provided by ESI Specialty Pharmat is bi'd to Client directly i 1... p P to the rates a P?,!a, 'It in thio a.Br its designee's, �. 1br8ta kcbjm pwtitsn of essed through ESJ ted Admtms �Nt', pei#r ll�d. i:Ta� i��� TI?YE IIVFt?illi'i'1 t�VED HEREIN I4CONFID�.`11 1 l i'l � S OF ESI A 1 XBENEFri$ # MM 1W I 1 A'.: t+ptt011'iuttttIs.chgtq from ESI Specialty Pharmacy. ESI Specialty Pharmacy shall have 360 days $ tf of et*ftysio Mieletehonic or paper claim. (Cj : SPECIALTY NRTXjffMWE DISCOUNT GUARANTEE - Administrat0:10pantees that the overall annual net effective di:ltfor the prodtid9listed on the Specialty Products List wt4i,talt AWP (-)minus 18.50% for Client (excluding limited distr*OW -products). Within one hundredei*)*Mowing i Iheandalsach contract ytlair$ •VAt a the soft .1*4ft'ective discoutKfi I'# l oductsl .q b pecialty Price List that were dispensed through the mail order channel to determine if the guarantee has b,* $ -A overall net effective discount is less than the guaranteed net effective discount ESI will reimbttaattCtt$sitll' amount of the difference between the actual and guaranteed net effective disat..GlienttJlt l� ! the actual net effective discount exceeds the guaranteed net effective discount. The calcuiiatiou actual no effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Pri e'List) divided . ! by (Total AWPAordo products listed =AwSpoialty PrieeL onkus 1. This guarantee is contingent on Client'$ participation in the National Preferred Formulary and an expecialty arrangement. 3.3 Influeattit and Other Vaccinations. Vaccinations shall adjudicate at the lower of: c*i * The Vaccine Program Fee will be billed separately to CliiMma plat of the administrative invWjOUPORRi f the billing frequency set forth in the Agreement. This Vata7 M Program Fee will apply to *006 i whether at contracted rates or U&C, and is in addition to any for FrescriptionOft fMa�liwCiitt¢srf! i forth in the Agreement. (b) the combined ingredient cost, dispensing fee (if any) and professional 9pppN iiMiR Lilo D.,..t:............. OL................... �....Il....i_...-_...... :_-1:..:.1.._1 __..._� __..L ...:.L _... _.... .-...-., r " t., _ _ .�..__ y...�, .. . ; ; '., Participating P B Pharma 9" ::.: ZA Parficcy Inv~ PsMipdi� tt . Cost as Be $� the A t Okfumbs;I n parGAPOft Pharmacy ... Participaftlbltmacy Dispensit*;�lraitii�tlt;�h + Dispea t7w is set fortbilt do ill the Agreeatptit- ..... Adeftment _ .. Professional Service Fee (PSF); coat for pharmacist Pass -Through to administer the vaccine at SIS per vaccine per Vaccine Program Fee " $2.50 - 52.50 ..~ r vaccine claim per vaccine AAL * The Vaccine Program Fee will be billed separately to CliiMma plat of the administrative invWjOUPORRi f the billing frequency set forth in the Agreement. This Vata7 M Program Fee will apply to *006 i whether at contracted rates or U&C, and is in addition to any for FrescriptionOft fMa�liwCiitt¢srf! i forth in the Agreement. (b) the combined ingredient cost, dispensing fee (if any) and professional 9pppN iiMiR Lilo D.,..t:............. OL................... �....Il....i_...-_...... :_-1:..:.1.._1 __..._� __..L ...:.L _... _.... .-...-., r " t., _ _ .�..__ y...�, .. . ; ; '., toSmart" Nawark Certain patliciptd og pharmaciesrhave Wmilto participate, together"lllrth the Mail Service Scripts' "S>iknM WidgreensNallmUt" extended (84-90) days' supplymetwork fortrtahrfetrarroir participating pharmacies and the ]Mail Service Pharmacy are hereinafter collectively referred to as "1" 6eiw Scripts' Smart90 Walgreens Network"). Pricing in the 84.90 Dq#' Sully Column in the.fii$ble set forth above is applicable only if Client" implements aplondesign OWft10i maintenandb (based on Express Scripts' standard list of identified maintenance dtitgs) in extended (84-90) days' supply quantities only (i& no 30 day fills emaept for initial courtesy fill(s)); and to fill such extended days' supply at either the Mail She Pharrtlaay+Ca 4participating pharmacy in the Expvss Scripts Smart90 Walgreens Network..L 11 1. implement a plan design whereby members who fin maintenance drugs for less than an extendad supply or who fill an extended (8440) days' supply ratA participating pharmacy other than an Express Scrio Smart90 Walgreens Network parr eipatingpharmacy*Actrt 'beneftat roge taff t - t prescription;). If no such plan design is implemented, the pricing for such days' supply will be the some as for prescriptlon.drug claims for less than an 84 days' supply, and pricing,for an 84-90 days' supply in the table set forth above shall not apply, even if an Express Sod* SAWW WalgreW*"*tW* participating ph . Fwd ne copayment amount must also be level between the Smarts Walgreens lel rk and the ===Order Order Pharmacy. Smart900 Walgreens is an innovative plan design that motivates members to fill 00-day supplies of their maintenance medications. Members have the choice to fill 90-day3uppiies through Express Scripts' liamo 441h=7 . pharmacy services or at Walgreens pharmacies. When 04pod IS increase detpfb'" aggressively discounted pricing compared to non-prefix" ]flow Sma M Walhrbens Works: • Members obtain dil-day supply of maintenance prescriptions via home dellYery EXpress Scripts or at one ofanonm than 1 8,000 Walgreen'spharrowles. - pay 9Q-!day copay whether filling tht�t*s)pts Pharmaclt" i7sM[' • Member s the same ` the Walgreen's pharmacy locations ....... Members who continuetaflil30-day supplies of maintenanc*viefteOW pharntdCtt R courtesy fills Vey ilio offha prescript m.roast. I 2. Member Submitted lPntns, St ay A 1. products, 6TC products, vaccines, claims older than 180 days, cla;rnr5 through ori pharmacies, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rtsbate amounts set forth.!#. Section 1,4b • 3r ,ayment Tep� SWedtoteconditiOm set forth herein, Ad fir ll receive from EStOw debate payments within approximately one hu eighty t+jt qtr Rebates. .. received during the prior calendar quarter. Administrator shall pay Client the guaranteed amounts set fortis j 'fit Section I above within approximately thirty (30) days following receipt of the Rebate payments from ESI. 4.. 3 4.1, EX contracts vft pharmaceutical manufacturers for Rebates on its own behalf and for its owabenefit, and not on behalf of Client. Accordingly, ESI retains all right, title and interest to any and apli actual Rebates received from manufacturers. ESI will pay Client amounts equal to the Rebate amounts aitpasptl is 4"lieptt, as specified soave, from i1tt general assets (neither Members, nor Client's -plan retains any beneficial or proprietary interest in EST's general assetsl Tient acknowledges f and agrees that neither it, its: Members, not its Plan will have a right to interest o. or the time value of,, y airy Rebate payments recdv4d ity �g#he collection period or moneys payl�tll>Aer this Section, No amounts for Rebates will be paid until this Agreement is executed by Client. EST will have the right . : i to apply Client's allocetad 4teba>�e aput�nt 1u unpaid �+p±�g. 4.2 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts,; utilization limits, rebates or other entives on phKIWaccutical products or formulary programs, for claims processed by ESI pursuant to the Agreement, without thepm written consent of ESL, .44 f . event that Client negotiates or arranges with a pharmaceutical moofacturer for Rebates or similes' x dasetwtttis AW al l iiveled Drugs hereunder"„ bWV1uniting V f'-4 right to other remedies, ESI may I immediately withhold any Rebate amounts eatned*rbut not -yet paid to, Client as necessary to prevent dupWativ; Mites on Covnrisd,- Toone extent Client knowingly negotiates and/or contracts for dim v`vates tapta�t ms f* ... -Drugs without Pft Wthion approval of ESI, such activity will be deemed to be'a material breach 4this Agreement, entitling ESI to suspe4p. p9flli b e amou* hareandw md to renwti4te-dw'terms and conditions of this Agreement. j 4.3 Under its Rebate program, ESI may im lement EST's Formulary management programs and controls; , which may include, among other things, cost containment initiatives, and communications with i Members rficipefittg PharCmacies„and/or physicians. ESI reserves the right to modify or replace such � programs from time to time, Guaranteed Rebate amounts, if any, set forth herein, are conditioned on l adherence to Various Formulary management controls, benefit design requirements, claims volume, other factors statedinhe applicable pharmaceutical manufacturer agreements, as communicated by' to Client from time to time. If any government action, change in Ww or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect to the availability of Rebates, then W may make an adjustment to the Rebate terms and guaranteedRebate amounts, if any, hereunder. 4.4 Rebate Acknowledgment; No Representation; Rebate LAmitations. 4iient 0010006dges that Administrator is not making any representation, warranty W guaranty of any kiu” nature, either express, implied or otherwise, regarding the amount ofRebates'*bs paid*.rOmitb6d*-i Bent pursuant to this Agreement, except as specifically set forth in writing herelL. limon, Cli entiftives, releases j and forever disohwpo PBM and Administrator from any Losses arising from a pharmaceutical company's (a) fail to pay Rebates, (b) breach of an agreement related to Rebates; or (c) negligence I „tniscondttt, tat aclmowledges that whether and to what extent pharmaceutical companies are ! f ding to ! FAa*s to Cliont may depend upon a variety of factors, including the content of the pbift Pitut's design .features, Client meeting criteria for Rebaxa% and the extent of participation in IN liirmulary management programs, as w4 ,lldi AS l ministrator receiving sufficient I t ]P information regarding slob Claim :for submission tat; tmaceutieal companies for Rebate& Client acknowledges and # PBM may, but shal I40 In required to,, initiate any collecttttap n006tt to, .. . eoiket RvbMsa utical company. hMAw ifPi4M does initiate call . il>g9'!'R>�9N. T$Eil$1riMATiON CONTAINMOWA0111, r ANO CONSMUTES TRADE SECRETS Off 103 1 i i 1. i i against ParmystsaPa y to WHWM4, Ift FW my set any reasonable costs, including reasonable attorneys' feend expenses, arising -lb amysuch action. Rebate amounts aid to Client ursuatdaQ this A eem tended to be treat" "tfWounts" pursuant , p P.m P lathe federalanEl-kicskback statute;01 � 01i 1*, p i lamenting regulations. Client is obligated ifrequested by the SocreteryoftheUnited States Departmett .41"th atttl'iiuman Services, or as otherwise required . . by applicable lave, to vepott the Rebate amounts and to provi$t; t copy 9fthis noticm 50 will refrain from doing anything that would impede CH0q**m meeting any such obligation. Ii�'s ttAt�ioa Ptga krtsgrtteit ! , :. B!$I is pleased to offer our Inflatitist Protection Prograttt to Y60r`Under the program, ESI will pay to f Sponsor $2.00 per Formulary Brattdi3rug claim (the "Sponsor Inflation Payment'). Subject to the conditions set forth i (B$,Ishall �reponsorthe Sponsor Inflation Payment 4pproximsioly olinl andeighity{l dtt following the end of each calendar quarter for utilization occurring during such qui: l rmulaY'r& be excluded. Terms and CondWons of the Inflation Protection.ftg= P The following claims will be excluded frvrtt a31 Wonlat%s veWd'to the Inflation Protection Program: Medicare claims, Medicaid claims, any other government health care program claims, OTCs, member submitted claims, subrogation claims compounds, Generic Drugs, claims submitW*—Sponsor owned, im pharmacies, 340B claims, claims submitted through a 100% member east -share program, Biosimilars, drugs where the quantity or packaging has been changed bythe manufacturer from the past year, and drugs for which there was no utilization in the calendaryeatptl[ulrbtx'b�Cat yam`sWvAw ltdlon Guarantee payment is being • determined. ;flloonsor makes material changes to itslamulary or benefit design that negatively impacda 'iAllity too ikon relative to Sponsor's Formulary drug mix, then ESI reserves the right to make at► il!t 1.0 tai Inflation Guarantee.. ESrs Inflation Protection Pmt and the underlying economics, is sc 1 awtl from, rebates and ttttntufechMadrmWlW-Stine 411 addition to any rebate payments to whirl► Sponsor is ei'tfttled.**be to t".fir mooft ttdWd to drug price in utift qtr a salmi guarantee either *W as sot above. The tbllowing prWogasmmpOoas $W apply fotr'Pn. — oses of this ,greement: I. If CheatdttWes to implemerd a miy generic, mandatok, nai 1, step therapy ior other program dwingThe Term. F-1wagreed that proposed prWft terms other than ta%W`guarantees will remain unchanged. 2. ?SI must agree to propose pricing based on its broad national retail network that dudes all major national and -.regional phi chains. 3. Pricing is not based upon the assumption that EST will be the &KrJ siivc PBM. C reserves the right to purchase specialty products from other sources. Clietd +tai mow► f a.tiption m art t tw Witte i:. . specialty provider. Additionally,Adrtami tt tan will work vift CItent as needed to i*, direct specialty l ;. .i m e-dications to A praftred provider: DISCOUNTS ...... 4. ThtspoposW "effective" =4g& disc4tlult and 'dw gg . AMW .. >l Sso WaaE . : Efatusries MAC i(knerics ShWe SturesGenerics i. i!1t)rr:it i1'I" I. i REIN IS CONFIDENTIAL, PRd")Mi. 4101- 1, OX MAW WXP.AND RxBENEFITS 04^w .:........ . Multi -Source Generics l Generics in their FDC -granted exclusivity period Patent litigated claims Generics with limited sq* Generic medications pre i jia&r dispensed in conjunction with a specialty medication i; i 3. All Claims filled in Most Faver!!D )h states are VICtXDED in discount guarantees. C All40mms filled in rural pharmacies am ig.dtscount guanllrlM w is Jlq4iv&W40*(itdCl itlg Member share) # .i to lesser ofd i 4 li�lliC Atioat: utr l .. Usual dk .PAW , ahplt�i Yllill��lif�llNlBlt(ta4.=,iOcfUding ZBDs): Dunt will lre . 0-Vk gradient C:att /(A*P iflti� D llog: 6' 4. "(irtas Cast" is defined w. (ittgredtertt+ 9Xq*WnB Faej+'[ , 14. ESI agrees to apply Client -specific guarantael:fb.41 pricing components: ( f Discounts ::. Rebates Admin Fees Dispensing Fees 11. During the Term, contract guarantees vdl 1W change unless one of the follownigl V"- ard, • change the economics of the pricing arrangement and would need to be evaluated. (0 ihange in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 12. There will be NO dispensing fee applied to Reversed/Rejeeted Claims. 13. CI del Crl4°ifiil l There will be no price floors for amount paid on,tillg I - REBATES w . f I '!4. Rebate revenue will not have any impact on discount guarantee reporting algid*ig+go:;r, 4 15. Rebates will be paid for brand Prescription Drug Ckinsiand at a flat inkhimt basis 16. Contract rebate guarantees ate.trot tatl9Aange �atOW 4100ft d pal lit 111 : t 17. The rebate guarantees are not subject to formulary percentage crhwi L DATA s I$. Audit files will be suppliedla0ent andCl W,. 1W. sowee system at it _"include all Prescription Drug Claims processed including, but rat JhdW to, jWd, reversed and denied Prescription Drug Claims, 19. ESI will provide the above mentioned extract at no charpb f i y NOT FOR DISTRIBUTION. THZMWRMATION CONTAINED HEREIN IS COi!iPMEENTIAL, PROPRIETARY AND CONSTI.Jlt1'i'ES TRADE SECRETS OF ESI AND RXBCIF$1r+'ITS _105 � ff i i X At nt1 dmnM l t ba *We to transfer data to Client's othira1 f administrator,: 4efit t, disease management vendor, cammffit3phi0`ful Mai tlfa.Von I a appropriate tion-distsiessure agreement in place. 21: FM eft-pr*iete the fA-y �1GPf3P !o �'a �qr suitat�ttsltt a 6 � additional charge for use by both the 1nfoLock team�aw the Pharmacy Andlyties Team. 22, It sL 1t Data feeds that are in plata t ltd honorog tKven after termination 1N opnsultat% Ja pother words, if ft. fiotlowing the uI ftFt t.atill recetXaa the 4th quarter data even though w+t.trt [available until after terminatioallifi�iitlgreetneN:: i 23, 'I"W i Avdiw tinmay employ a third party auditor, at.client's sole cost and expense, to conduct auft of&Atw=ofi it including, but not limited to. � g> , low 24. #"Wilomi Vital pd&MUVMVWWAM . . CN1Dt7L'sg"; . 1QA audit prior to the Effective Date. IELLANEOUS U Any=csosts bidding entities meg► him, as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 26. Client will not beresponslible for any unpaid Member co-payment or co-insurance amounts. I 27. Client may not tairJoU this Agreement witotR pause and may only"tiBrminate this Agreement as expressly b provided for -in VI orft Agreement. 2$: f If" Agreed is terminated patios to the completion ofd Contract Year, the gqt With pe'dW40ontract YcarVM gill applpaiadbet±abtteciled accord s. 29 t".iaordiinafift4fBenefits claims accounted for in the claims data and discount guarantees bWasofts a"WW Rfilized COB functionality 'Within the system. COB " prxc but are assessed an administrative feet` applicable. RkBeneftts - EM vA be able to support Client's custom/current Rx Plan Design. L RX]RCUf It SY CLIENT COW hereby represents and warrants that the information contained,ip Section A of this Client Application in [nae and correctin all respects and Cliettt,by ;grecs to the ific terms, editions and financial hcatiott. Gant a *formation ` 9"Wee"Ie>tdeuro*Ift a� C a1'Det App g i6d in Section A changes, CUM *111 give AdministreiWprompt notim*1such changes. Furthermore, Client tutderstands that this (MpO Application (Exhibit ,part of the Administrative Services Agreement ' bo C'"Lawl.Atltl o%Op .it lis ttlld WoorporatW kobyvowice and that Client bNW.*4twirmsandconditions of suchAdministrative Services Agreement J Aft utilized terms usedin: hilt gent A#PA -06* b* specifically 40"4.�� tie meanings given to such terms in the Administrative Servilm Agree �t attachadandmadcapartof. i 3 �- NOT FOR.J)1ff �t1111)t>l�'IE 1. T> i ' li&ONO# "14 Alm _ -106 dV111111109OF, Client has caused thhMMA pint ibit Ae Agreement) to be executed as-{ the aftWw ate In the event this Client Application is amended by the Parties after the Effective Date, the F tees muY,$4tsWt>? such amended Client Application for the former Client Application, provided the Patties sea forth the dtftt-and after which 0&*Mded Client4*lication shall be effective (the' '►"tst the bottom of the Admin 's acknowledgment signature block40 an amended Client Application shall be such new eOOWve datewith resped to such amended Client,AjV4 The Parties further agree that they will attach ss. h east b:611 t Application to this Agreement and el t IfIft Agreement with deet, amended Client Application (Exhibit Ato Administrator and Client #ot tite respective records. Any such amended Client Application must be signed by Client's authorized representaiVoliad acknowledged, agreed to, accepted and dated by ! _ E , i BUSINESS AS$ AIIGREEMENT TMS BUS AWOQ*TE A # 016 '),,by and between Indian Raver County Board,of County tommissiu' 3aeidt sale] pian River County Board of County Commissioners (the "Company") (the 1+r1e 1040*,referred ; referred to herein as the mp ►y'% and RxBeneflO b (thw"OOWftMAM*&W% it.. stet 8tt rir 241_. WHEREAS, due to the services ' a iiI by the Business Associate with respect to tlie'Plan, protected Health tnfdtt oat tc. Protected Health enation subject to the fthmay Regulations and the JLeguI4RWM,pftUJgated by the United States Department'bf. and Human Services {"HESS"} under the Neth insurance Portability and Accountabilit► Ast:of 1996 (the "Regulations"), may be transmitted, created, received, and/or maintained; and WHMZ to the extetttfeWAtvd by gw: "" .. *le.l mss AssociaW a ''1 .. . desire to comp% the-*SuokmAuociate" -of,*SR illations and lil j agreements with MPW to'such bomphance. AGRli"AENT . NOW, for and in consideration of the mutual covenants and of Z0 M ftft herein, and other good and valuable consideration, the receipt and adequaq O :. Oft acknowledged, the Business Associate and the Company agree as follows; 1. P JI . Uhloss otherwise defined herein, capitalized terms shall have the same meanings; as sot forth in the Regulations, 2, R ttntbeand Dlt�lcsurs oJg% The Business AA�sociate may UsaMM. perform d o,pt tut lend required tits Disclos" t$ provided by #Ab Agreement or aslWquired By Law. The Business Associate shall mil ke reasonab1#&brb13 #ice )O that is subject to this: Agreement to the minimum amount that is necessary tosccP h alae intended purpose of a required or permitted Use or Disclosure made, this Agreement, To tate AxMpracticable,, Business Associate agrees that each use, disclose, or regi l i sly limited to t, it* Etta #iceterm is defined at 45 C.F.R. § 164.51. Tltelsiness Associate shall notLlse or Disclose received from the Company or any pardsipatiit: in the Plan in any manner that would constitute a vio,lon ut1& Regulations if -the -Company trade. them Use or Disclosure, except th#UBU,010 Use or Disclose such PM for ttte Business Associate's proal management and �respetnsibiliies. j IU Business Associate may Disclose PM for the purposes described' #i, "f ii! in** ctttstuttst9tetces: such Disclosure is Requited lilt taw; or the BusiMMAOMOA !. reasonable assura as from tate person to whom the l ..is Disclosed that it iT bated eronfidentiafly and Used ori Mnlosed only as Required By Lavror for the purpose Jbi 1t Was Disclosed to ice, wid the perm agrew to ij► the BusinenAssociate oflawU44MM ofyNth jE 6 awar&ih . . Which the Mftdential ty ofthe PHI has boon ,br . 3,Agots and SubcontractorsZound by Agmement. Many agent or subcontractor oit o 1�u :A ate (tether than the Busines AssociaWa i ) v.41 have access to P"HI 4 . . i Aral' -IM lttB`t'ltMTIM TIM RWO MATION CONTAVMV, 1t `t t Al . AM CONSTITUTES TR�kDT�t3 IRM X108 _. i • received from, or created or received by the Business Associate on behalf of the Companyo. Then the Business Associate will enter into an agreement with such age4imadboontractor whereby{ o -Ment or subcontractor agrees to be bound by the terms a('this Agreement with respect to PHi.. . kSdenuards f p, n of Pi of Unauthorized. Busing Aute agrees diet It tel Oftw� .. Disclosure ofmin violation d`; � Ito Business Associate agrees that � �dwi Company my tom. or Dns010sOf"t, of V*�* tho, Business Assocoate becomes awa> , I vioiationof WASUMUOM "Ou"WOM AMWVt llpctent tMMMOWXW .: E Mrmhl effect that b � llo the vr* tiffs at . . oafl> i: Aute its vioisdon: offs Agreement. S. Cooperation by the Business Associate. The Business Associate agrees to cooperate with ftipompany inp *&g an accounting of Disclosures of:PM received under this Agreement as t requested by an individual to whom it relates, except to the extent the Regulations provide otherwise. In the event that Business Associate uses or maintains an elaoi& health.record, Business. Associate -agrees that such accounting shall include disclosures made t oft #re in+ t psym ,.Ml;:iieaith care a operations through the use o s h electronic health record re�t*r an ac countnngatkf disclosures Adhwily from an individual who has received alt'dscslosutt Company, which provided a list ofsttl business associates acting.on beh"iOIM luet Vines Associate; t ltsittteas Associate agt liapWWan ib aMWk boo lMs t txa4aiteti by the Privacy ite$ulations. In response to such a i9rom an individual, Business Assoc a* mq oliect to provide eithw.0) an accounting of d that includes disclosures of subs o agent acting �*O,af * .. a# accounting of AMU that so Me& by ilm Buibms Assam,014AW& W s(A etft.' d1i agents a g '. behalf of Bum Associate,, including contact +tnt:st 1 as mailing address, phone, and email } address. The Rusium Associate shall respond to ret gists from the Company for the information l described inthis8oWon 3 and maldr•mMOOMe suchbftmatloo o i ngany wit!"44 onable period of time los citable do Comte+" o timely respond to any testa . I%e Company ire that the Business Associate will ncat=mtsd adn any Designated Record Sets on its behalf and that-lihe Business Associate assumes ns respor to tespmnd:Io indMiduals' requests for access or amendmernts>as pry in Sections 164M4 and IaSM of the pe nia rens. Business AssocisiteagrewiWbe,req,uirements of the Privacy RegulationsAW1 beappfiwMeto Business Associate in the man a bks obligations pursuant too tta Agreement. basiness Associate agrees that Ir9WI tarso ire remtt�Qnr � sayT ~ti, unless a=valid auth ps taE i .: fht4S:�X $ iii alt' €st*e of #4 excl a meets r� exceptions set fbA as k b. pgohmentingDisclosures. lotmow to iii" t� SectionS above, the Business Associate agreestodooktltlttr Pkplbt I related.to such Disclosures ars would be required fortt►e 1® q for an Wo ounting of DisclosumaM. under Section 164 tAs'R4O*doft "k*hWz:'(a) of the DWosure; (b) the name- sat pt>rsan►ro xecel Sl iii auk, if known, the Wooss of such entity or person; (c) s brief description of the P1.nisclos*'f 4d) s briefstatement oflwpurposa of thol) solosure (which would reasonably inform MleAviduatafft laasls forthe Dim). i !tom'!' PSR 196MISiif M ' lM,h!"ANI l WIMINIIIIIII 1011111 U COMAW 1 AU VOOMOMM. . 'ftp' 109 4 7. Ms. T gees to make>t_internatpractices, books and records relatingto the Use and Dj$doMWe't l-AMMear estt dby the Business Associate on behiif ofthes COMPit 1 04 aw� a fear purposes of determ�vrglthyations. Not di ' l i I—ection 7, no attomey-client privilgpor #dvi a *4 Ot deemed waived --Ompwy or the Business Associate. 8. arrd $erslrless Assoc tbrlght : . " u ft—violetion by the other of a 'lases 4(ft A greeme ;o1W kola iagvit►Wens relatingspecifically to the permitted and - Uses atii by the, f es or Bushms Associate; provided, however, that the breaching party shall be yd the oppmtmity to ouve do breach to the satisfaction of the other within a reasonable period of . r the bea t��► ogre the default, the non -breaching parry shall be entit * Moen of ifrt'is tit *'* to terminate this Agreement, report the problem to.t SWOW at, JjponjaajnW= asPtliis Ott, the Business whether *at or "AWO OfPW MOOWAir W under this AVvement is feasible. If si r Mkft or W Business Associede shall prompOy nOM Or 40 00 the Business Assoelafie u tl Agfa€. NOU* 1i be feasible, the protections of6k AgreeMent OWW acluding the Business Associate's obligations in riot[ PM shall be restricted -to only those purposes that make th infeasible. 1f tnutual agreement kisot made as to the feasi parties agree to use mediation to resolve this issue. iy agree to determine Business -Associate I to be feasible, the acted or received by ty tleterminesd Waot ar termination, IM 9. Term of Agreement. The term ofthis Agreement shall be such period at tl Business Associate is.pertonaft the Services. In the event that such Services are terrtr ,tip . . Agmemantalso shall terminate, except that the provisions of Sections 8 and 15 shall stwA* its crffti�s �ta�tt; It: Notice. ", demands, and notices between the parties hereto must be posted by first class mai. d -w express mail to following addresses: To thO.Business Associate: To the Company. LOW" Simmons.` R380"rts, ttr, lil Bereu+A0► Commissioners P. 0,-Bbx 3W77 tl]MIfL Birmingham, A-labama 35238-2377 Vero Be" lk> . S .. 11. entire Arg eemg. This Agreement superb AOV of a e entire agreement of whatever land oc nature existing betwe: ' _ v respe hereof, and no party shall be entified to benefits other than diose spe`cr1ied herein. As no -orad statement or prior written material not specifically la wrporated Wein shall be- acknowled tlwtht . , isle MingAUI- and the parties specifically► ge p idles rely solely upon there presentations and agreements 4ontain4jo this Agreerne i This .Agreement . mW be ameade d only by an instrument in'lPriting executed by the pa b,& sqplemented only by documents delivered in accordance with the express terms hereof FOitDWRI8MOX TAXINFORMATOROONTAI ts.CONFIDE�„il A =�UVTES TRADE SECRETS �1lh@ XBENEFITl1 ... 110 • 12. 9 . This Agreement may be executed in any number of counterparts, each of which sh011 be dofted.siodglool. it t which together shall constitute am and the same instrument. 13. No Third Party Beneficiaries. Nothing express or itr4oW'tothis Agreemends,intended to confer, nor shat I anything herein or therein confer, upon any persatt t`; a the Compal and the Business Associate and their respective successors or assigns in inteM44414* reme ;ligations, or liabilities whatsoever. #. Modification `M k t�*04* _4 0 R��.ar aaipr lit Matti e# °�'� �ti hgreem tt�d the Business Associate agree to modify this AgreemerAft, 4gmport with such changes 4f amendments; An such modificatim ofthta Agreement shall be in Any Agr ;and signed by the Compa* and the Busies. Associs. 15. Indemnification. Each party to this Agreement Hereby agrees to indemnifY de%, and #told %mless the other party (including, butnotlimited to, its directors, employees, officers, and agents) tem and againStr arty act all claims, causes of action, liabilities, damages, costs, or expenses (including, but not limited to, Vis' fees) incurred by the party as a result of the other par"taravt j".acting by or through the party) gross negligence or willful misconduct or failure to perfom s or obligations under this Agreement. 146. Securi . The Business Associate shall: (a) creates, wives, aiWtFt his, or triinsirilft on behalf 0(,0 "` as re aired , ate Re ulaftt ; _00 4 b3' . g (b) Ensure theft ag+ t , inell0ftar subcotoWtV,10 VtOW the Business Associa*j OvIft such, filo iii inforrnat q agreea.th VMft WOVIcowd reasonable aW `eppropriate {e R bv1=Klmtripany any's iticid-1t-rpwhich the Business Associate becomes awwq Make its policies and procedures and 460umeiftdon required by the Regulations relatingtu suidl Aftinistrative, physical, and technical safeguards, available to the Company and the Secretary of IM ferpurposes of determining the Company's. compliance with the Regulations; wl IN WITNESS�terein have caused this Business Associate A be execs hj►t I tW 1 p es as.**date first written above. �'- PLAN:trounty Board of WWI CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator FROM: Suzanne Boyll Human Resources Director DATE: January 26, 2023 SUBJECT: Revision to Administrative Policy AM -702.1 Sick Leave II-T!T 1C(ci:iilIPID� Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. On October 18, 2022, the BOCC approved a revision to AM -702.1 Sick Leave to provide for a conversion of sick leave to vacation leave of one- half of the sick leave hours over the maximum accrual at the end of the year for employees hired on or after October 1, 2011. A review of this policy revealed that additional language changes were needed to allow for accruals throughout the year to exceed thirty (30) days. Staff is requesting to reflect the following language change: For regular full-time employees hire on or after October 1, 2022, sick iLFGV12 G, -&-r w^'6; 14.41 ^^* oWr-202a fhirtTdeys-atany tinge, A 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: The updated policy is attached. FUNDING: Funding for these expenses will be paid from each department budget that is impacted. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the revisions to AM - 702.1 Sick Leave. ATTACHMENTS: AM -702.1 Sick Leave (draft and markup) • 113 • POLICY: 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 regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees 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. Part- time employees hired on orafter June 22, 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. 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. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLUSALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. 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 parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 114 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 2/7/2023 MANUAL SUBJECT PAGE SICK LEAVE 1 of 3 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 regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees 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. Part- time employees hired on orafter June 22, 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. 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. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLUSALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. 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 parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 114 • 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, , sirsk leave 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. 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. .7 i. 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. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 115 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 2/7/2023 MANUAL SUBJECT PAGE SICK LEAVE 2 of 3 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, , sirsk leave 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. 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. .7 i. 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. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 115 C, • difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of 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. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. 9. In accordance with this policy, payment of unused sick leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit Michael C. Zito DATE 116 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 2/7/2023 MANUAL SUBJECT PAGE SICK LEAVE 3 of 3 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of 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. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. 9. In accordance with this policy, payment of unused sick leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit Michael C. Zito DATE 116 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito; Interim County Administrator THROUGH: Andy Sobczak; Assistant Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: January 30, 2023 SUBJECT: GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as High Pointe PD Phase 1 [PD -18-07-03 / 98100081-91447] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 7, 2023. DESCRIPTION & CONDITIONS: High Pointe PD is a multi -phase 247 -lot residential subdivision on 160.75 acres. This specific request is for Phase 1 of the project which represents 94 residential lots on 42.4 acres. The project site is located on the south side of 65th Street, ± 2,500' west of the FEC Railroad. The site is zoned PD, Planned Development and has an L-2, Low -Density Residential -2 (up to 6 units/ acre) land use designation (see Attachment 1). The density for High Pointe PD is 1.54 units per acre. The final plat application is on file with the Planning Division. On January 24, 2019, the Planning and Zoning Commission (PZC) granted preliminary PD plan/ plat approval for High Pointe PD Phase 1. After preliminary plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for High Pointe PD Phase 1. ANALYSIS: All of the required improvements for High Pointe PD Phase 1 have been completed and inspected, and a Certificate of Completion was issued by Public Works on December 8, 2022. All project improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. 0 RECOMMENDATION: C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0114E8A\@BCL@C0114E8A.doc Page 1 of 2 117 • • Staff recommends that the Board of County Commissioners grant final plat approval for High Pointe PD Phase 1. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C0114E8A\@BCL@C0114E8A.doc Page 2 of 2 118 � 0 � 0 � 0 HIGH PODM SUBDMSION - PHASE I P.D. PLAT DDO(_ PAN XT. CFN CLERn FU NQ � 0 � 0 HIGH POINTE SUBDIVISION — PHASE 1 P.D. Pur sone ,.. .. " ,.b� �.,oroeaaw�w.wuv,c«.m.name.w.uo•.o.m�n...mw.e..v...:ra.onyu6.�rTM PAGE NO IS FLE —w tis 'I 1 I P�•E yy " rswt .aar� ' �r �.'b.� �R a "'n. 1 -- 4 Attachment � 0 � 0 10 HIGH PODM SUBDIVISION — PHASE 1 P.D. Pur eoaK PAQ DM CIO" FlE "O, f 9 � � �� � I %' �; '1•�` yr ur ren � mr+o9.ar, � M \, Im V• � 1ot , �• � � �� � rmlve DETAIL'A' n °9��ti ? ury o L waw / urm �W T s a v wMa ® C156 Attachment 2 � 0 ........... 3 =M=M . . . . . . . . . . . . 3 =2 C=B C:� K:MK:Z3 C= C== � C=Zz � =C=cx�ICE 3==A=m Kmtm— cz=� :1 = C:= I� ==C=Ma :2==C:=c 3 — Ic=zlc. — K--mff�Krm 9==�Cm t�=C=I­ 3- o =C:=® 3=C:Z=l K=A ==Zm� 3o©a � 0 � 0 � Attachment 2'2 • INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation i CONSENT AGENDA BCC Meeting February 7, 2023 Date: January 27, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Jones' Pier Conservation Area Public Access Improvements — Final Completion and Release of Retainage BACKGROUND: The Jones' Pier Conservation Area (JPCA) is a 16.5 -acre conservation area located on Jungle Trail approximately one-half mile north of its intersection with Old Winter Beach Road. On January 7, 2020 the Board approved Bid No. 2020017 for the construction of the Jones Pier wetland restoration and conservation improvements to XGD Systems, Inc. in the amount of $1,393,951.68. This contract included the construction of the parking area, restroom, pavilion, trails, and ecological restoration. . Work on these improvements was initiated by XGD soon thereafter. Is Supporting many of the construction items included in this project are a total of 9 grants that were received from agencies including: the Florida Department of State, Division of Historical Resources; the Florida Inland Navigation District; the Indian River Lagoon National Estuary Program; the Florida Department of Emergency Management, Hazard Mitigation Program; the Florida Department of Environmental Protection; and the Florida Fish and Wildlife Conservation Commission. Agency funding awarded to the project includes a total of $446,408, with all reimbursements received, with the exception of those associated with the re -purposing of the Jones Bungalow House. The two grants remaining will be closed out by October 2023. DESCRIPTION AND CONDITIONS: Although construction was initiated in early 2020, due to COVID and several non-COVID related construction delays, the XGD site construction was not substantially complete until mid -2022. The project completion required an additional $124,491.78 in Change Orders due to unanticipated items such as modifications to the FPL lines to convert them to underground lines, modifications to drainage structures, and addition of project contingency funds. With the Change Orders, the total budget for the completion of this project is $1,518,443.46. XGD Systems, Inc. has completed the construction of the site amenities, and is requesting the release of the 5% project retainage. To date, XGD Systems Inc. has been paid $1,442,521.29. Payment in the amount of $75,922.17 will complete the county's obligation to the contractor. This payment includes the release of project retainage. C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C81CA3FD\@BCL@C81CA3FD.doc 124 . FUNDING: Funding for the Jones Pier Conservation Area Improvements is budgeted and available in the following retainage accounts for total of $75,922.17: Aveount Ateoulit l(umtiC�r. Amount MSTU/Retainage/Jones Pier Improvements 004-206000-18010 $ 5,864.89 Tree Ordinance Fines/Retainage/Jones Pier Improvements 117-206000-18010 $ 1,422.62 Native Uplands Acquisition/Retainage/Jones Pier Improvements 127-206000-18010 $ 6,304.47 Optional Sales Tax/Retainage/Jones Pier Improvements 315-206000-18010 $ 62,330.19 Total: $ 75,922.17 RECOMMENDATION: Staff respectfully recommends approval of Application for Payment Holdback -REV -3, in the amount of $75,922.17, to XGD Systems, Inc., which will release any further obligations of the County from the Contractor. ATTACHMENTS: Pay Application Holdback -REV -3 • APPROVED AGENDA ITEM FOR February 7, 2023 L C:\Users\ufc-prod\AppData\Local\Temp\BCL TechnologieAeasyPDF 8\@BCL@C81CA3FD\@BCL@C81CA3FD.doc 125 • 0 UCATION AMCZRTMCATE FOR AYMZrfj AINDOCUNWOM .(instructions on reverse side) PAGE ONE OF I PAGES 7'0 OWNER: PROJECT: APPLICATION NO- H V-3 Distribution to: Indian River County Office of Management & Jones Pier Welland Restoration and Budget, Purchasing Division Conservation Improvements APPLICATION DATE: J*142022 nX OWNER 1800 27th Street, Vero Beach, FL 32960 PERIOD TO: J* 13, 2022 0X" ARCHITECT FROM CONTRACTOR: DUE DATE: nY CONTRACTOR XGD Systems, LLC VIA ARCHfIECT: NIA CONTRACT DATE: January 7, 2020 ❑ 415 NW Flagler Ave., Unit 302 Stuart, Florida 34994 RAFNlWEATHER DELAY DAYS: 5.00 CONTRACT FOR: Jones Pier Wetland Restoration & Conservation Imonavowents CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work Application is made for payment, as shown below, in connection with the Contract. covered by this Application for Payment has been completed in accordance with the Contract Documents, that all Continuation Sheet, AIA Document g703, is attached. amounts have been paid by the Contractor for Work for which previous Certificates for Payment Were issued and payments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM....,,.„ ...........................:.. $ 1,393,951.68 2. Net change by Change Orders........._ _ , $ 124,491.78 CONTRAC XGD SYSTEMS, LLC 3, CONTRACT SUM TO DATE (Line I y 2).. ..... _.......... _ ; 1,518,443.46 6v: ' •' /�/ Darr. July 13 .2022 4. TOTAL COMPLETED & STORED TO DATE ............. ; 1,518,443.46 (Column G on G703) Stateofpb” - 5. RETAINAGE: County of iartin .....+.� a. 0 % ofCompleted Work $ Subscribed and sworn to beforeBRUCE •• C• SHELDON b. % of Stored Material $s, (Column F on G703) me this 13th Ifbyof CommksialIHN19mu �s Uarch 8, 2026 aadeEtlnlT'°yFall'In°°a,nsoa38Sm18 Total Retainage (Line 5a + 5b or Notary Public: Total in Column I of G703) ............... ......._....a,.;.:.:.... Itr - My Commission expires: March 8. 2026 6. TOTAL EARNED LESS RETAINAGE._ ....... 7........... $'.. 1,518,443.46 (Late 4 less Line 5 Total) ARCHITEcrs C1 MFICATE F6R PA { 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Lime 6 from prim Certificate) .................;..............».......-. $ 1,442,521.29 In accordance with the Contract Documents, based on on-site observations and the data comprising this application, B. CURRENT PAYMENT DUE ...... _......... _........ $ 75,922.17 the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the qualiff afthe Wodt k in accordance with the Contract Documents, and the Contractor is 9. BALANCE TO FINISH, INCLUDING RETAINAGE entitled to payment of the AMOLM—CMTIRI11. (Line 3 less Line 6) $ - :: - . :: .sr '" AMOUNT CERTIFIED ,... ......... r ...... • i � e � • CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total than changes approved in (Attach explanation if erne t certified diers from the amount applied jar: Initial all figures on this Application and on the Continuation Srot are changed to conform to the amount certified.) ARCHHECT: ► By Date:2 This CMificate ' not negodabl . The AMOUNT i[i}��F.D is payable only to - Contractor named herein. Issuance, pay+t and acceptanyt of payment are without prejudice to any rights of the Owner or Contractor under ,hip r. --------- - AVENUE, N.W.. WASHINGTON. DC. 20006-5292 - WARNING: Unacensed plwtocopy,ng;Iolat- U.S. oopyNght lews and feet 0. wnbtor to 19g.1 prosecution. CAUTION. You should use an original A1A document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced 126 prey ous men by owner $ 182,829.66 $ 5,270.20 Total approved this Month $ - $ 53,067.68 .r TOTALS $ 182,829.66 $ 56,337.88 NET CHANGES by Change Order $ 124,491.78 ARCHHECT: ► By Date:2 This CMificate ' not negodabl . The AMOUNT i[i}��F.D is payable only to - Contractor named herein. Issuance, pay+t and acceptanyt of payment are without prejudice to any rights of the Owner or Contractor under ,hip r. --------- - AVENUE, N.W.. WASHINGTON. DC. 20006-5292 - WARNING: Unacensed plwtocopy,ng;Iolat- U.S. oopyNght lews and feet 0. wnbtor to 19g.1 prosecution. CAUTION. You should use an original A1A document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced 126 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on—erse side) PAGE 2 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractors signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECT'S PROJECT NO: A 8 C D E G H I ITEM DESCRIPTION OF WORK SCHEDULED VALUE PREVIOUS THIS PERIOD TOTAL COMPLETED % BALANCE TO RETAINAGE 0 NO. APPLICATION FINISH PHASE 1: EARTHWORK & EROSION CONTROL 1 Mobilization. $ 18,655.00 $ 18,655.00 $ $ 18,655.00 100 $ $ - 2 Clearing. $ 17,462.39 $ 17,462.39 $ $ 17,462.39 100 $ $ 3 Place fill from Phase 2 $ 8,494.30 $ 8,494.30 $ $ 8,494.30 100 $ $ excavation. 4 Final Grading (parking, $ 29,993.00 $ 29,993.00 $ $ 29,993.00 100 $ $ detention ponds, ldads . b 5 Silt Fence. $ 4,549.90 $ 4,549.90 $ $ 4,549.90 100 $ $ 6 Erosion Control (const. $ 13,014.40 $ 13,014.40 $ $ 13,014.40 100 $ $ entrance & inlet rotection). 7 Fence Removal. $ 3,020.34 $ 3,020.34 $ $ 3,020.34 100 $ $ 8 Sod, bahia (detention & 2' $ 6,530.50 $ 6.530.50 $ $ 6,530.50 100 $ $ sidewa around lks & bld s). PHASE 1: SITEWORK 9 3" Coquina Base (walking $ 668.80 $ 668.80 $ $ 668.80 100 $ $ path). 10 6" Stabilized Subgrade $ 1,915.56 $ 1,915.56 $ - $ 1,915.56 100 $ - $ - walkinath . 11 4" Asphalt Millings (parking $ 6,905.25 $ 6,905.25 $ $ 6,905.25 100 $ $ area). 12 8" Stabilized Subgrade $ 6,598.35 $ 6,598.35 $ $ 6,598.35 100 $ $ arkin area . 13 Marl Walking Path (from $ 383.87 $ 383.87 $ - $ 383.87 100 $ - $ - house to sidewalk). 14 6" Thick Reinforced Concrete. $ 17,899.34 $ 17,899.34 $ $ 17,899.34 100 $ $ 15 Precast Wheel Stop. $ 2,869.44 $ 2,869.44 $ - $ 2,869.44 100 $ - $ - 16 Swing Gates. $ 5,093.00 $ - $ 5,093.00 $ 5,093.00 100 $ $ 17 Signage & Striping. $ 2,646.83 $ 2,646.83 $ - $ 2,646.83 100 $ $ 18 Construct Restroom / $ 132,000.00 $ 132,000.00 $ $ 132,000.00 100 $ $ Paviliion. PHASE 1: DRAINAGE 19 12" x 18" ERCP. $ 4,989.60 $ 4,989.60 $ $ 4,989.60 100 $ $ C7 • 0 CONTINUATION SHEET A1A DOCUMENT G703 (Iratruutiomon reverse side) PAGE 3 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractors signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column 1 on Contracts where variable retainage for line items may apply. OWNER: APPLICATION NUMBER: APPLICATION DATE: PERIOD TO: ARCHITECTS PROJECT NO: Indian River County Office of Management & Budget, Purchasing Division Holdback -REV -3 July 13, 2022 July 13, 2022 A B C D E G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % BALANCE TO FINISHRETAINAGE 0 20 18" RCP. $ 1,821.60 $ 1,821.60 $ $ 1,821.60 100 $ $ - 21 Rip -Rap End Section. $ 1,650.00 $ 1,650.00 $ $ 1,650.00 100 $ $ 22 IMitered End Section. I $ 1,980.00 $ 1,980.00 $ - $ 1,980.00 100 $ - $ - 23 Concrete Flume. $ 1,650.00 $ 1,650.00 $ $ 1,650.00 100 $ $ 24 Control Structure. $ 3,080.00 $ 3,080.00 $ $ 3,080.00 100 $ $ PHASE 1: POTABLE FIRE & WATER 25 6" PVC Water Main. $ 6,776.52 $ 6,776.52 $ $ 6,776.52 100 $ $ 26 2" PVC Water Main. $ 1,254.00 $ 1,254.00 $ $ 1,254.00 100 $ $ 27 1" PVC Water Main. $ 676.50 $ 676.50 $ $ 676.50 100 $ $ 28 6" Gate Valve. $ 15,180.00 $ 15,180.00 $ $ 15,180.00 100 $ $ 29 Water Line Bends & Fittings. $ 1,100.00 $ 1,100.00 $ $ 1,100.00 100 $ $ 30 6" HDPE Directional Bore. $ 4,400.00 $ 4,400.00 $ $ 4,400.00 100 $ $ 31 1 Reducer. $ 495.00 $ 495.00 $ $ 495.00 100 $ $ 32 6'x2" Reducer. $ 440.00 $ 440.00 $ $ 440.00 100 $ $ 33 Fire Hydrant. $ 6,820.00 $ 6,820.00 $ $ 6,820.00 100 $ $ 34 1 Tapping Sleeve. $ 3,850.00 $ 3,850.00 $ $ 3,850.00 100 $ $ 35 6"x2" Tapping Saddle. $ 1,960.00 $ 1,980.00 $ $ 1,980.00 100 $ $ 36 1" Meter & RPZ. $ 1,320.00 $ 1,320.00 $ $ 1,320.00 100 $ $ 37 Temporary Jumper. $ 2,310.00 $ 2,310.00 $ $ 2,310.00 100 $ $ 38 Temporary Sample Point. $ 2,640.00 $ 2,640.00 $ $ 2,640.00 100 $ $ 39 Removal Or Connection Of E)dstina Water Infrastructure. $ 2,750.00 $ 2,750.00 $ $ 2,750.00 100 $ $ 40 Restore Driveways In Kind. $ 781.42 $ 781.42 $ $ 781.42 100 $ $ PHASE 1: SEWER 41 2" PVC Force Main. $ 1,713.80 $ 1,713.80 $ - $ 1,713.80 100 $ - $ - 128 C7 • 0 CONTINUATION SHEET AIA DOCUMENT G703 nn4ructiD on reuse side) PAGE 4 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractor s signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H I ITEM DESCRIPTION OF WORK NO. SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % BALANCE TO FINISH RETAINAGE 0 42 4" PVC Gravity Sewer. $ 1,650.48 $ 1,650.48 $ $ 1,650.48 100 $ $ 43 4" Cleanout. $ 3,465.00 $ 3,465.00 $ $ 3,465.00 100 $ $ 44 STEP system & installation. $ 3,300.00 $ 3,300.00 $ $ 3,300.00 100 $ $ - 45 2" G.V. $ 1,980.00 $ 1,980.00 $ - $ 1,980.00 100 $ - $ PHASE 1: CONSTRUCTION SERVICES 46 Survey Stake out. $ 12,504.25 $ 12,504.25 $ $ 12,504.25 100 $ $ 47 Water line testing. $ 2,750.00 $ 2,750.00 $ $ 2,750.00 100 $ $ - 48 Sewer line testing. $ 1,650.00 $ 1,650.00 $ $ 1,650.00 100 $ $ 49 Engineer Construction Coord. $ 8,165.00 $ 9,185.00 $ - $ 9,185.00 100 $ - $ - I Asbuilts I Certifications. PHASE 2: EARTHWORK 50 Mobilization. $ 67,105.00 $ 67,105.00 $ $ 67,105.00 100 $ $ 51 Clearing & Grubbing. $ 101,945.36 $ 101,945.36 $ $ 101,945.36 100 $ $ - 52 Excavation of wetland creation $ 95,309.00 $ 95,309.00 $ $ 95,309.00 100 $ $ - area and north outfall ditch. Construct 4' Bottom Width, 2:1 53 Slopes 3' Depth Influent Ditch $ 4,743.00 $ 4,743.00 $ $ 4,743.00 100 $ $ Along S Property Line 54 Transport Excavated Material$ 124,750.00 $ 124,750.00 $ $ 124,750.00 100 $ $ - To Fill Area & Spread 55 Grade Excavated Material $ 69,032.69 $ 69,032.69 $ $ 69,032.69 100 $ $ 56 Construct 1.il 5' Above Grade $ 4,183.00 $ 4,183.00 $ $ 4,183.00 100 $ $ WalkingTra 57 Fumish & Install Asphalt $ 20,225.79 $ 20,225.79 $ $ 20,225.79 100 $ $ Millings to a thickness of 2". PHASE 2: DRAINAGE 58 Furnish & install 45"x29" RCP $ 16,938.80 $ 16,938.80 $ - $ 16,938.80 100 $ Culvert w Inlet Protection. 129 KI � 0 CONTINUATION SHEET A1A DOCUMENT G703 A1A Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D ITEM I HDPE Flashboard Riser. PREVIOUS NO. DESCRIPTION OF WORK SCHEDULED VALUE APPLICATION TOTAL COMPLETED Furnish & install Concrete FINISH RETAINAGE 0 59 Headwall Per FDOT Index $ 8,668.57 $ 8,668.57 $ i. $ - C i 250. $ 25,153.92 100 $ Furnish & install 60"06" RCP 60 Box Culvert /w Inlet Protection $ 25,153.92 $ 25,153.92 $ 63 A Atnnl nnc $ 1,113.60 $ 1,113.60 (I structiortson re+asesde) PAGE 5 OF 10 PAGE Indian River County Office of Management & OWNER: Budget, Purchasing Division APPLICATION NUMBER: Holdback -REV -3 I. APPLICATION DATE: July 13, 2022 PERIOD TO: July 13, 2022 ` ARCHITECT'S PROJECT NO: E G H I HDPE Flashboard Riser. $ 22,102.00 $ 22,102.00 BALANCE TO $ 22,102.00 THIS PERIOD TOTAL COMPLETED / FINISH RETAINAGE 0 $ 2,706.48 $ 8,668.57 100 $ i. $ - C i $ $ 25,153.92 100 $ $ 61 Furnish & install 24" Dia $ 2,261.05 $ 2,261.05 $ $ 2,261.05 100 $ $ - 65b HDPE Flashboard Riser. $ 22,102.00 $ 22,102.00 $ - $ 22,102.00 100 $ - $ - 62 Furnish &install 18" Dia $ 2,706.48 $ 2,706.48 $ $ 2,706.48 100 $ $ HDPE Pipe. 63 Furnish & install 12" Dia $ 1,113.60 $ 1,113.60 $ $ 1,113.60 100 $ $ HDPE Pipe. 65c Furnish & install Pressure $ 5,025.75 $ 5,025.75 $ - $ 5,025.75 100 $ - $ - 64 Treated Wood Skimmer $ 187.18 $ - $ 187.18 $ 187.18 100 $ $ 66 Structure In South Ditch. $ 18,408.70 $ 18,408.70 $ - $ 18,408.70 100 $ - e PHASE 2: SITE WORK Install Influent Screw Pump 67 Furnish & install 4' High Split Structure, Outfall, Railings, $ 15,517.00 $ - $ 15,517.00 100 $ - $ - 65a Fence & appurtenances $ 38,508.53 $ 38,508.53 $ - $ 38,508.53 100 $ $ & install 4' High Black (Pump supplied by Owner, FFurnish 61. Vinyl Chain Link Fence installation coordinated with $ 15,413.10 $ - $ 15,413.10 100 $ - $ - (Option A). pump supplier). 130 Purchase Pump Controls 65b From Trippensee Shaw $ 22,102.00 $ 22,102.00 $ - $ 22,102.00 100 $ - $ - (Control specification & quote attached). Install Pump Control Panel On Wall Of New 65c Restroom/Pavilion and wire to $ 5,025.75 $ 5,025.75 $ - $ 5,025.75 100 $ - $ - emergency stop and motor at pump. 66 Maintenance Of Traffic. $ 18,408.70 $ 18,408.70 $ - $ 18,408.70 100 $ - $ - PHASE 2: SITE WORK 67 Furnish & install 4' High Split $ 15,517.00 $ 15,517.00 $ - $ 15,517.00 100 $ - $ - Rail Fence. & install 4' High Black FFurnish 61. Vinyl Chain Link Fence $ 15,413.10 $ 15,413.10 $ - $ 15,413.10 100 $ - $ - (Option A). 130 • 0 CONTINUATION SHEET AIA DOCUMENT G703 (Indructionsonrwerseside) PAGE 6 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractors signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H I REM DESCRIPTION OF WORK SCHEDULED VALUE PREVIOUS THIS PERIOD TOTAL COMPLETED % BALANCE TO RETAINAGE 0 NO. APPLICATION FINISH 69 Furnish & install Boardwalks. $ 203,170.00 $ 203,170.00 $ $ 203,170.00 100 $ $ - 70 Furnish & install Rip -Rap $ 6,150.40 $ 6,150.40 $ $ 6,150.40 100 $ $ Stabilization In Outfall Ditch. Furnish & install Plantings For 71 Zones 2, 3, 4, 6 & 7 as $ 30,651.23 $ 30,651.23 $ $ 30,651.23 100 $ $ depicted on the Phase 2 72 Cordgrass Planting $ 866.25 $ 866.25 $ $ 866.25 100 $ $ 73 Seed &Muh (Seed $ 17,249.76 $ 17,249.76 $ $ 17,249.76 100 $ $ Purchased Bv Owner Furnish & install Gopher 74 Tortoise Enclosure Silt Fence $ 4,277.10 $ 4,277.10 $ $ 4,277.10 100 $ $ and Orange Safety Fence Delineator. PHASE 2: CONSTRUCTION SERVICES 75 SWPPP Preparation, NPDES $ 2,530.00 $ 2,530.00 $ $ 2,530.00 100 $ $ Permitting. 76 Dewatering Permitting, As $ 550.00 $ 550.00 $ $ 550.00 100 $ $ Needed. 77 Erosion Control. $ 41,306.22 $ 41,306.22 $ $ 41,306.22 100 $ 0.00 $ - 78 Survey & Stakeout. $ 15,026.00 $ 15,026.00 $ $ 15,026.00 100 $ - $ 79 Engineer Construction $ 9,185.00 $ 9,185.00 $ $ 9,185.00 100 $ $ - Coord/As-Bu ilts/Certificatio ns. PHASE 2: ADMINISTRATIVE 80 Public Construction Bond. $ 13,347.76 $ 13,347.76 $ $ 13,347.76 100 $ $ ACCEPTED ALTERNATE Additional Cost For Compliance with DOC ALT Contract Clauses (Exhibit 2 to $ 5,500.00 $ $ 5,500.00 $ 5,500.00 100 $ $ the Sample Agreement) and meeting 6/30/2020 Substantial Completion Deadline. CONTRACT TOTAL $ 1,393,951.68 $ 1,383,171.50 $ 10,780.18 $ 1,393,951.68 S 0.00 1 $ 131 1-1 • 0 CONTINUATION SHEET AIA DOCUMENT 6703 (InYructions on rwerss side) PAGE 7 OF 10 PAGES A'A Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractors signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H I DESCRIPTION OF WORK rNo. SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % BALANCE TO FINISH RETAINAGE 0EM CHANGE ORDER #1 1 BA - Construct Restroom/Pavilion; add one light fixture to each of the 2 1,945.00 restrooms & add the addT cost due to $ $ 1,945.00 $ $ 1,945.00 100 $ $ the building slab change. 49A - Engineer Construction Cocrd. / Asbuilts / Certifications -Add the $ 3,500.00 $ 3,500.00 $ $ 3,500.00 100 $ $ costs of passing compaction testing. 52A - Excavation of wetland creation area and north outfall ditch - Additional ditch work east of 53" x 34" $ 1.061.50 $ 1,061.50 $ $ 1,061.50 100 $ $ ERCP Culvert. 53A - Construct 4' Bottom Width, 2:1 Slopes 3' Depth Influent Ditch Along S Property Line - Add revetment $ 9,079.33 $ 9,079.33 $ $ 9,079.33 100 $ $ along north side of south ditch bank. 56A - Construct 1.5' Above Grade Walking Trail - Add the shifting & reconstructing the North Path adjacent to ponds approx. 6'tothe $ 9,659.90 $ 9,659.90 $ $ 9,659.90 100 south in order to provide room to reconstruct & deepen the ditch. 58A - Furnish & install 45"x29" RCP Culvert " /w Inlet Protection - lower invert by 4" and add 4" depth of bedding stone under culvert; add $ 4,506.34 $ 4,506.34 $ - $ 4,506.34 100 $ Rip -Rap at west end (rip -rap provided by county). . . 60A - Furnish & install 60'x36" RCP Box Culvert /w Inlet Protection & Stop Logs - change to 53" x 34" ERCP Culvert, add 4" $ - $ - $ - $ - 100 $ - $ depth of bedding stone under culvert; add Rip - Rap at west end (rip -rap provided by county). 132 • • 0 CONTINUATION SHEET AIA DOCUMENT G703 (Irmtructlons on ravens side) PAGE 8 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractors signed Certification is attached. APPLICATION NUMBER: Holdback -REVS In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H REM DESCRIPTION OF WORK SCHEDULED VALUE PREVIOUS THIS PERIOD TOTAL COMPLETED % BALANCE TO RETAINAGEIII NO. APPLICATION FINISH 67A & 68aA - Furnish & install 4' High Split Rail Fence (1180 LF @ $13.15/1-F) and 4' High Black Vinyl Chain Link Fence (Option A) (830 LF @ $18.57/1-F) - delete both items $ (21469.94) $ (2,469.94) $ - $ (2,469.94) 100 $ - j $ from contract and add new fencing from Adron Fence to contract (note entrance and maintenance gates will be handled in a future CO. 69A - Furnish & install Boardwalks - 2,502.00 2,502.00 II add 5 bulkheads. $ $ $ $ 2,502.00 100 $ $ - 73A - Seed & Mulch (Seed Purchased By Owner) - Add the purchase of $ 6,894.34 $ 6,894.34 $ - $ 6,894.34 100 $ - $ Bahiagrass/Millet blend seed and add 7 7' hydroseeding to stabilize pond banks. New Item - Additional bond cost associated with C0#1 net increase. $ 293.43 $ 293.43 $ $ 293.43 100 $ CHANGE ORDER #2 New Item #80 - FPL Directional Bore 2" (service line to pavilion). $ 6,314.00 $ 6,314.00 $ $ 6,314.00 100 $ $ New Item #81 - FPL Directional Bore 2" (installation only - FPL to provide $ 6,050.00 $ 6,050.00 $ $ 6,050.00 100 $ $ - material). New Item #82 - AT&T Directional Bore 2" (primary). $ 6,776.00 $ 6,776.00 $ $ 6,776.00 100 $ $ New Item #83 -AT&T Directional Bore 1.5" (service to house). $ 4,158.00 $ 4,158.00 $ $ 4,158.00 100 $ $ New Item #84 - COMCAST Directional Bore 2" (service to house). $ 4,158.00 $ 4,158.00 $ $ 4,158.00 100 $ $ New Item #85 - Site Electric Directional Bore 1.25" (pavilion to $ 3,861.00 $ 3,861.00 $ $ 3,861.00 100 $ $ garage / pavilion to house). New Item #86 - Site Electric Directional Bore 1" (house to start of$ 4,147.00 $ 4,147.00 $ $ 4,147.00 100 $ $ dock). 133 • CONTINUATION SHEET AIA DOCUMENT 6703 (IndrucUeman rwarse side) PAGE 9 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractor's signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H 1 ITEM No.OF WORK NO. SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED y" BALANCE TO FINISH RETAINAGE 0% New Item #87 - Site Electric Directional Bore 2" (screw pump to pavilion). $ 8,932.00 $ 8,932.00 $ $ 8,932.00 100 $ $ New Rem #88 - Site Electric - Electrician pulling CU conductors between FPL hand hole to pavilion, pavilion to south building and pavilion to staff house. $ 15,262.50 $ 15,262.50 $ - $ 15,262.50 100 $ - _ I $ - I New Item #89 -Additional bond cost associated with CO#2 increase. $ 477.27 $ 477.27 $ - $ 477.27 100 $ - $ -I 10% Contingency $ 42,287.50 $ - $ 42,287.50 $ 42,287.50 100 $ $ i CHANGE ORDER #3 (Formerly COP #3 -Revised): Costs associated with the revised structural drawings issued by MBV. $ 3,001.27 $ 3,001.27 $ - $ 3,001.27 100 $ - $ - CHANGE ORDER #4 (Formerly COP #4 -Revised): Costs associated with culvert installations across Jungle Trail with installation by Sheltra & Sons Contracting, LLC. $ 16,341.68 $ 16,341.68 $ - $ 16,341.68 100 $ - $ - CHANGE ORDER #5 (Formerly COP #5): Costs associated with the installation of concrete collars associated with the STEP system. $ 4,213.44 $ 4,213.44 $ - $ 4,213.44 100 $ - $ - CHANGE ORDER #6 (Formerly COP #6): Costs associated with the addition of dewatering by Sheltra & Sons Contracting, LLC to draw the wetland down. $ 17,408.16 $ 17,408.16 $ - $ 17,408.16 100 $ - $ - CHANGE ORDER #7 (Formerly COP #8): COP #8 for $4,124.74 plus Oct. 5th email charge of $6,925.00 to re -epoxy the walls and floors for the restroom = net credit of $2800.26. $ (2,800.26) $ (2,800.26; $ $ (2,800.26) 100 $ $ 134 • • CONTINUATION SHEET AIA DOCUMENT G703 (Insiructionsornmen dde) PAGE 10 OF 10 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing OWNER: Indian River County Office of Management & Budget, Purchasing Division Contractors signed Certification is attached. APPLICATION NUMBER: Holdback -REV -3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: July 13, 2022 Use Column 1 on Contracts where variable retainage for line items may apply. PERIOD TO: July 13, 2022 ARCHITECTS PROJECT NO: A B C D E G H I REM DESCRIPTION OF WORK SCHEDULED VALUE PREVIOUS THIS PERIOD TOTAL COMPLETED % BALANCE TO RETAINAGE 0% NO. APPLICATION FINISH PROJECT RECONCILIATION CHANGE ORDER (Credit for Non -Completed Items): PHASE 1: SITEWORK: 16. Swing Gates. $ (5,093.00) $ - $ (5,093.00) $ (5,093.00) 100 $ - $ - PHASE 2: DRAINAGE: 64. Furnish & Install Pressure Treated Wood Skimmer $ (187.18) $ - $ (187.18) $ (187.18) 100 $ - $ - Structure in South Ditch. ACCEPTED ALTERNATE: Additional Cost For Compliance with DOC Contract Clauses (Exhibit 2 to the Sample $ (5,500.00) $ $ (5,500.00) $ (5,500.00) 100 $ $ Agreement) and meeting 6/30/2020 Substantial Completion Deadline. CHANGE ORDER #2: 10% Contingency $ (42,287.50) $ $ (42,287.50) $ (42,287.50) 100 $ $ CURRENT CONTRACT TOTAL $ 1,518,443.46 $ 1,518,443.46 $ $ 1,518,443.46 $ 0.00 $ 135 C771 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / ZoKtv`, Parks & Recreation Date: January 31, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim County Administrator From: Beth Powell, Interim General Services Director/Parks and Recreation Director Subject: Jones' Pier Conservation Area Use Agreement Between the Town of Indian River Shores and Indian River County BACKGROUND: On September 22, 2022, the Town of Indian River Shores (TIRS) and the Indian River County Sheriff s Office (IRSO) entered into a memorandum of understanding (MOU) that provides for law enforcement activities on behalf of the IRSO which benefits security and law enforcement activities at the Jones' Pier Conservation Area. Concurrently to the approval of this MOU, the TIRS Police Department requested the use of the Jones' Pier for the Town's Public Safety Department's boat which would provide an additional law enforcement presence and security for the site. Upon consultation with the Florida Communities Trust, a funding partner for the acquisition of the Jones' Pier Conservation Area, it was determined that such an Agreement and use of the Jones' Pier would be an appropriate use and beneficial partnership. DESCRIPTION AND CONDITIONS: The attached Agreement was approved by the TIRS Council on January 26, 2023. This Agreement provides an opportunity for the TIRS to install a boat lift at the Jones' Pier boat dock at their expense including all design, permitting, and construction. The TIRS will be responsible for maintaining the lift and providing necessary general liability insurance as outlined in the Agreement. FUNDING: No County funding is associated with this Agreement other than negligible electricity charges that are budgeted for and associated with the normal operations of the facilities and dock. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the Jones' Pier Conservation Area Use Agreement Between the Town of Indian River Shores and Indian River County and authorize the Chairman to execute the Agreement on their behalf after review and approval by the County Attorney, County Risk Manager, and upon receiving written approval by the Florida Communities Trust. ATTACHMENT: Jones' Pier Conservation Area Use Agreement Between the Town of Indian River Shores and Indian River County APPROVED AGENDA ITEM FOR FEBRUARY 7, 2023 136 Jones Pier Conservation Area Use Agreement Town of Indian River Shores and Indian River County This Jones Pier Conservation Area Use Agreement ("Agreement") is entered into this day of 2023, by and between the Town of Indian River Shores (Town) and Indian River County (County) for the purpose of providing the Town use of the Jones Pier Conservation Area ("Jones Pier") boat dock Whereas, the mutual aid agreement between the Town and the Indian River County Sheriff's Office (IRSO) provides for law enforcement activities on behalf of the IRSO that benefit the County and the security of the Jones Pier; and Whereas, the Town would like to install and operate a boat lift at the County's Jones Pier for use by the Town's Public Safety Department's vessel that is used for law enforcement and other maritime operations; Now Therefore, in consideration of the mutual covenants contained herein, and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The County authorizes the Town to install a boat lift at the Jones Pier boat dock located at 7770 Jungle Trail, Vero Beach, FL, 32963 for use by the Town's Public Safety Department's vessel for law enforcement and other maritime operations. 2. The Town will be solely responsible for all costs associated with the installation of the boat lift, which includes, but is not limited to, obtaining all necessary permits, designing, installing electricity, and constructing the boat lift at an agreed upon location at the Jones Pier boat dock. 3. The Town shall be responsible for maintaining the installed boat lift so long as this Agreement is effective. 4. Once electricity is installed, the County will pay for the electric service to the boat lift. 5. The Town may install security cameras at the Jones Pier for the purpose of monitoring and protecting the boat lift and other valuable property. The Town shall coordinate the installation of the cameras with the County and the Town shall provide County with access to the cameras for remote viewing. 6. Once the Agreement is terminated, the boat lift and all other site improvements (excluding security cameras) shall become the property of the County. Security cameras shall be removed by the Town. 7. Town shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors 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 either the Town or any of its respective agents, officers, or employees in connection with the performance of this Agreement. This indemnification shall be by means of the Town providing evidence of general liability insurance in the amount of $1,000,000 per occurrence and naming Indian River County as an additional insured. The 0 Town shall maintain the insurance for as long as this Agreement is effective. 137 8. The Parties agree that the use of the boat lift is temporary and either party may terminate this Agreement, at their discretion, with 60 days' notice to the other party. 9. This Agreement is subject to the written approval by the Florida Communities Trust, a funding partner for the purchase of the Jones Pier. IN WITNESS WHEREOF, Town and County have executed this Agreement this _ day of , 2023. TOWN OF INDIAN RIVER SHORES 6001 N. State Road AIA Indian River Shores, FL 32963 Brian T. Foley, Mayor Town of Indian River Shores ATTEST: • Janice C. Rutan, Town Clerk Approved as to Form and Legal Sufficiency Peter Sweeney Town Attorney • INDIAN RIVER COUNTY, FLORIDA 1801 27b Street Vero Beach, FL, 32963 By: Joseph H. Earman, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Michael C. Zito, Interim County Administrator 138 INDIAN RIVER COUNTY, FLORIDA 13 . MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Sebastian Corners - Five Guys Letter of Intent for Lease DATE: January 25, 2023 DESCRIPTION AND CONDITIONS The County purchased Sebastian Corners Retail Center, LLC located at 1919-1931 US Highway 1, Sebastian, Florida on September 5, 2017. The purchase was for the relocation of the North County Offices of the Tax Collector, Property Appraiser, Clerk of the Court, Utilities Department and Veteran Services. Staff has been listing the vacant property with Colliers International, a commercial real estate company, who has a contract with the County to represent us as our realtor for the vacant property. Las Palmas Cuban Restaurant was a tenant at the retail center and they rented a 3,200 square foot unit. The lease term was a month-to-month at will lease that terminated on January 31, 2020. Flowsmart Sebastian LLC (Five Guys) has submitted a Letter of Intent to Lease Space (LOI) to lease the 3,200 sq. ft. that was formerly leased by Las Palmas. Five Guys proposes to remove all existing interior contents and remodel the unit for use as a Five Guys restaurant. Five Guys has requested the following in the attached Letter of Intent. • A lease for a (10) ten-year term with two (2) options to extend the term of the lease term for two (2) consecutive five (5) year periods. • Tenant shall be responsible for all utility bills (water, sewer, electric, garbage etc.) • Tenant shall pay $15.00/Rentable square footage plus sales tax on a Triple Net (NNN) Basis (real estate taxes, building insurance and maintenance) with 3% annual increases. Option term rent shall be at Fair Market Value, with a minimum increase of 3% of prior years' rental. • Tenant shall pay an annual additional Common Area Maintenance (CAM) charge estimated at $4.03 per square foot to cover its pro rata share of lawn, parking lot, and other property operating expenses. • Landlord shall give thirty (30) days prior written notice of Landlord's delivery of the Premises to Tenant. The Delivery Date is estimated to be QI 2023 (to be further defined). If the Delivery Date is overdue by seven (7) days, Landlord will credit Tenant one (1) day's rent for each day after the Delivery Date until such time as the Premises are delivered to Tenant. Tenant will have the right to terminate the Lease if Landlord fails to deliver the Premises within one hundred twenty (120) days after the estimated delivery date. If delivery of the premises occurs between October 1, 2023 and December 31, 2023, Tenant will have the option to delay acceptance of the premises until January 1, 2024. 139 Page 2 Sebastian Corners - Five Guys Letter of Intent for Lease For February 7, 2023 BCC Meeting • Base Rent shall commence on the date which is one hundred fifty (150) days the date that Tenant receives all permits, variances and governmental approvals necessary to construct Tenant's store pursuant to Five Guys specifications and operate Tenant's store in the Premises. Notwithstanding the foregoing, rent and all additional charges shall commence not later than the date on which Tenant opens for business to the public. Tenant shall be responsible for all utilities at Lease Commencement and utilities and CAM starting at Rent Commencement. • Tenant will have the right to terminate the Lease if it is unable to obtain all permits, variances and governmental approvals ("Permits") needed for the lawful construction of its store built pursuant to Five Guys specifications and operation of its store within one hundred twenty (120) days after the date Tenant's plans have been approved by Landlord. So long as Tenant is diligently endeavoring to obtain all Permits, Tenant shall not be required to exercise its termination right until the applicable authority has made a final decision and all appeals of the decision have been exhausted. Landlord will cooperate with Tenant and will execute any necessary applications for such Permits. Tenant shall be required to submit plans for Landlord approval within 30 days from Lease Commencement. Tenant shall apply for permits within 30 days following Landlord's approval of Tenants plans. • Tenant's Base Rent shall abate for One -Hundred and Eighty (180) days following the Rent Commencement Date. • Landlord will deliver Premises in As -is condition however, Landlord to ensure all utilities and HVAC are in good working order at lease execution. Tenant shall be responsible for utilities and HVAC throughout the duration of the lease (from lease commencement). • FUNDING The annual base rental income from Las Palmas was $53,268 compared to the initial annual base rental income from Five Guys, which is $51,360. RECOMMENDATION Staff recommends the Board approve the Letter of Intent as proposed for Five Guys Restaurant and authorize the Chairman to execute a final Lease Agreement on behalf of the Board once finalized and approved by the County Attorney's Office. ATTACHMENTS Letter of Intent APPROVED AGENDA ITEM FOR: February 7, 2023 • 140 yaw r 20 Additional Charges: Tenant's Pro -Rata share of CAM, taxes and insurance, and any merchant's association fees vVMvot exceed $4.03 per square foot for the first full lease. ; with Tenant's Pto' ita Share being edtl tea a square footage of the P 4,1vided by the total square feet in tiw f tilding/shopping center. Tenant's P"M-J�t , Slam is estimated to be { 17.77%1. The break down for these charges is as "WS: "Wo T ; r 20 Additional Charges: Tenant's Pro -Rata share of CAM, taxes and insurance, and any merchant's association fees vVMvot exceed $4.03 per square foot for the first full lease. ; with Tenant's Pto' ita Share being edtl tea a square footage of the P 4,1vided by the total square feet in tiw f tilding/shopping center. Tenant's P"M-J�t , Slam is estimated to be { 17.77%1. The break down for these charges is as "WS: "Wo T ; • • • Insurance Ii Outdoor Patio: if raved byAC3* gfYSeb*0ok FWhia w" I*Mnt shall bertesponsible for obtain apprt lt;'7`tnant shaillim athe right toterve and seat twstomers in the outdoO sedehig Area depicted on the Exhibit A (the "Outdoor Seating Area" . which shall, be reserved exclusively for Tenant, having space for the maximuriii number ofcustomers allowable by local laws, municipal codes orb't inances. Tenant shallt not be charged for therm.ef'tli+e Outdoor Seating Areanor shall the Outdoor Seating Area be included th.d*,,stlaft footage measuremett , of the Premises. l use a1Ptpats Operon of F+e Guys, a fast casuaf restaurant, with prntaryr`sale of hamburgers, hot dogs, and other menu items typical to a Five Guys restaurant, which cooks food for oft-,andctt:premises consumption. Exclusive Use: Tenant shall have the excl"tteive right to sell hamburgers, cheeseburgers, french. fries and other complimentary items, for on- and off -premises consumption at the Shopping Center, Tenant's exclusive shall not pertain. to tenants whose sale of such h'ems constitutes ten percent (14%) or less gross revenue. Full-service restaurants that take customers' orders at their talie�Mtd delivers food to their table are also exempt fi-orn Tenant's exclusive. Building Plans: Landlord shall provide building plans they have, if any, (including bW tit limi p - to structural, mechanicakengineering andplumbing, landscape, an4,010 t to plans) to Tenant vnthin.lft°A*.( d) days after execution ofthis LetteroflttttriL Delivery Date: Uawtommencement Rent Commencement Date: Landlord shat l give thidy-1 ) days prior written notice of Landk►rd� delivery of the Premises to Tenant.'The Delivery Date is estimated lo 0#V '(-to be funher disfi#W).. V1100 Delivery Date is overdue by set Landlord will creditlenaot t . 1) Og7s rent for each day after the Del V ttnt)l. h time as the Premises am4clivered to Tenant. Tenant will have the d4k-td terminate the Lease if Landlord fails to deliver the Premises within one,hundred twenty (120) days after the estimated delivery date. If delivery of the premises occurs between October 1, And December 31, 2023, Tenant will have the option to delay acceptance offt premises until January 1, Uponunconditional approvatatod mutual execution of lease dti: unieint ('Rftt' County Commission approval) and delivery of space by Landlord to Tenant. Base Rent shall commence on the date which isp hundred f fi (TS,rft) dam OW date that Tenant receives all permits, variances and governmental approvals necessary`mo, bonstructTMant's store pursuant to Five Guys specifications awl: operate Tenant's store 1gthe Premises. Notwithstanding the foregoing, rent and ac)# additional charges shallcommence notnlater than the date winch Tenant open" 4.. 3.0 sry 142 for business to the pubhsW Tenant shall be responsible for all utilities at Lease Commencement and titai iostt CAM starting at Rent Commencement. Permit Contingency: TOW Vill have the rightto terbithate the Lease if it is unable to obtain all permits, variances and governmental approvals ("Permits") needed for the lawful construction of its store bttilitpursuant to Five, {trys speeifcatons and operation of its store within one hundred twenty (120) days after theihile Tenant's plans have been approved by Landlord, filo tong as Tenantis=tlftently endeavoringto obtain all Permits, Tttrtt shallt:l.ttaired to exercise'1 termination righttlltlEilt applicable au lar" has made a final decision and all.appeals of the dee on have been exhausted. Landlord will cooperate with Tenant and will execute any, necessary applications for such Permits.. Tenant shall be required to submit plans for Landlord approve,?t+t days from LeaseZommencement. Tenant shall eppi .>1t ittg Land d.'s approval of Tenants plans. , Rent Abatement: Tepititt's Luse Rent shall abate lei r -,Olt> "dyed andlOft. fl80:) days €ollowing mmencement Date. Landlord wil'ldtgiver Premises in ASS -is condidton however, L u h l to ensure all Delivery Condition: utilities and.,114VAC are in good wonting order at lease execLdW Tenant shall be responsible for ulilkiwand HVAC throughout the duration of the lease (from lease commencement). Landlord shall,_sarthe maximum extent trim the trees in 0,04.eti Ta!>attt'.4 propo sod Tree Coverage: positioning prior to Tenant's possession of the premises. "fig * further discussed. Co -Tenancy: None Signage: Landlord consentSIO Tenant's standard signage package attached hereto as Exhibit C. Tenant shall have the right toft`top panel on the monument sign along US Hwy 1. Tenant shall be allowed to install maximum signage on the premises, as allowed by local cr micipalilyo If permitted, Tenant shall be permitted to establish signage on all sides ofthe bqoftg. Landlord will provide all necessary parking tor Tenant's employees and customers Parking: at no additional cost to Tenant. Tenant shall have the right to reserve up to two dedicated parking stalls near the -front of the store entrance for Tenant's carryout and third party delivery. Tenant shall have the right to use the rear portion of the parking lot for additional delivery service pick up. Pending confirmatimt freum 0 -by of Sebastian. Permitted Transfers: Assignment and subletting to another entity will be subject to the exclusive use clauses in place at that time. Tenant shall not transfer the Premises in whole or in part, or permit;owupancy of all or arty part of the Premises by anyo tdCt tither than ,►. 3.30:17 sa 143 � 0 Tenant (tti ;qtr" totA'7%#OW 'kTransfer1*)%4houtfirst procuring tha�fthe 1. 0 *" :shall not 1* -U t'easonably withheld. Netw-iistattdingtlw 'll ntsW t drW:fm obtain Landlord's teMift1b assign this -U: (A)t t atned subsidiary f T s person Or�� t aQf least twenty l td *= 'tenant in a sing ."N"Ofift, W *A resulting from aft) ger eonsolidation, O i l pate kering, or(*): sale of substantially sil ofiteb ant's assets, ot�� a �t see ofTenant or a franchisee of an affiliate qMnant ("Franchise016itvf the fisegoing, .F "Permitted Assignment. Id the event of a PerixftdAssignmentjenant shall bei released Am dMigations throughout the Term of v Lease, and any renewal thereof, 14watten lb"Transfer, wWftt the l 'tponsent hk such Trat where sub consent 'I required, shall be void and confer j 0 rights #i 181 Y tib; 1 person. A11 further language pertaining to this issue shall be lseussed mil thv formal lease negotiations. Agency: Landlord acloAowledgest4 Kyle Mahoney +k T, for fliers International .Florida LLC isseting as Tenan6 '. shall be responsible -for payment of dwoommission duetaTenanVs braher in accordance ......... . with a separaft, emithission rnent. k _i Land lo ft Wa Y' 86it LAindtord V06rk Exhibit The construction work stated within 4hiIA$ ja,an enumeration of the work to be performed by both the 4 Tenant and the Landlord. The work ttimdperformed by the Landlord shall be at no cost to the Tenant and it Snaii be per Tens' spell OrttllIpplicable #ltlknts (collectively "Landlords' Work") ! Tenant shall be respdtje'dditot[t required�iWa operated a Five Gmya _tiiltt Fries restaurant with the Premises (collecti± "1`i4liants' Wo*j; 4 Chords' work shall be complex pffior to the space being turned -over to the Tenant. Landlord EM I.. Supply and Feturn wateF/a F to a point Indirated by Tenant w thin the PFeFni6s6. 2. Water apdl gar air. -WA JenaOts' des4gn 3. SUPPly the a6rOGi;_M8d 4-4_3t@.Fand� OF a4F 24 h9uFs peF day, 7 days a week, year FOURd, 4. Provide aGGeSS tO GOde required fFe6h air and exhR-st tn thA Tenant promise peF TenaRts' design reE}Et+remeets- above items ' y-ar►d-ala costs incurred,". f the W-PA-ln--rd- with approval by the G#y of stia 2. Landlord or &nra�taisipat soda. Tt enapts- des+ equipment necessary for • 147 —R#P$a,w V1 1N,R).l9 Exterior Sig". bout The illustrati0 . a 1+ ;aspect ratio for use in exterior sign applications. i +4, Print/Paint Colors Red: Bengal Red (MP 95959) White 148 Typical Sign/Awning Specs Hotsheet TYPrj SIP DItr "S Typical Sign Specs Hotsheet • Scope of Work : Manufacture and install (1) new set of flush mounted channel letters as shown. Letters : Routed .040" alulr►"packs, .040" x 5" tall returns, "Flanged & Crimped" construction, seams sealed, drain holes. Letter Finish . Letter interiors prefinished `White" enamel, exteriors prefinished Wrisco "White". Leber faces : Routed 3/16" translucent 'White" (#7328) acrylic, finished with 1" White Jewelite trimcap. Backer Panel : Fabricated 1" sq aluminum tube frame, vertical stringers for strength, .090" aluminum face bonded to face of tubing, panel exterior primed & painted "Bengal Red" (MP 95959). Lighting : Letters lit internally using Hanley PF3120 "White" LED light modules. Electrical :120 volt, UL 4W &labeled, leY 1,7)ji power supplies remotely mounted inside building. Location : Sign centered left to right on vo—kavotift in at same elevation as side elevation sign. Channel Le 3 Wall Cross Section Ws .. 150 Signage Colors Translucent "White" (#7328) acrylic panel Vinyl 3M Gerber Dark Red Translucent Five Guys Tenant Panel Hotsheet Updated April 2019 pg 4 151 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joe Earman, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Approved: Michael Zito, Interim County Administrator 0 Approved as to Form and Legal Sufficiency: : 9 Y William K. DeBraal, Deputy County Attorney • 152 1in INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Michael Zito, Interim County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Stephen R. Greer, Bureau Chief of EMS Fire Rescue Division DATE: January 30, 2023 SUBJECT: Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc. d/b/a All County Ambulance to Provide Interfacility Ambulance Transportation Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. 0 DESCRIPTION On February 9, 2021, the Indian River County Board of County Commissioners approved a renewal and ownership change for a Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc d/b/a All County Ambulance to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire February 9, 2023. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" Certificate of Public Convenience and Necessity has been submitted by RG Ambulance Service, Inc., d/b/a All County Ambulance. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 153 i RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc. d/b/a All County Ambulance, to be effective for a period of two (2) years from February 9, 2023 to February 9, 2025. ATTACHMENTS: 1. Renewal Application from RG Ambulance Service, Inc d/b/a All County Ambulance U 154 APPLICANT NAME: RG Ambulance Service, Ita+.tlbeAM Arrioulance0i 3 i e' ■w i +w w iii - ir ■ 1� APK"TM:F'EE: $146.00 APPL-06:TCI MLA,��1TOM Y if payment applicably, take check payable #k �N � i . D This is a new app; fee is attached, 0 This is a renewal of our present C N. iJ This is a renewal of our, present C.*K, Nrjth ownership or classification changes. - 1. _ O ASBtF[0LION OF WMEQUIREQUESTED Mease check applicable !boxes &OW 000 Cis A ❑ _BLS _ALS - Govmrnental entities that use advanoW Wit. Vshk** 1110 O lPm- hospital r.ALS/BLS service. Class B [ , of BLS Agencies that provide no*4miergeirWarnbulafM WW41161111ly` fra"Unsport at the ALS/BLS level. Class C❑_,.ftS _ALS Agencies that ia non-emerge inter-facility � which require special clinical capabilities artd require a physician's 0r Class D ❑ ,BLS _ALS Agencies that provide non-emergency ambuUMM, ►edical transports limited to out of cow transfers. Ilt IIWAWIN ASSISTANTStBeth\Beth CasanoEOOCOPCN\RENEWALPAMTOCOM*AJOUWS%ft 195 U;*jREN IsTANTSIBeth\Beth Casano E0CtC0PCNSRENeAft0AiV40qFCNA0ftNW#Lft `i I Iv. AMMONAL WOM ATIM MOWD T Wlwowwl VM THIS �Tl i. . .:.... . :.:... RENEWAL APPCICANI"SNEt-YC?LY 1 Factual Statement indicating the public need and services, including sties supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services. and mW hent data - you rah to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, ma**10 be served, geographic aroma to be seivioed, and any other pertinerd wish to be cons, i e.W.: 3. Factual Statement indicating the abili / of1 Ai a Iivant b! 1'om a and provide the proposed services, includes Sie tnan»gerneot plan, maintenance ; facilities, insurance program. accounIft sysf'Inidling complaints, system for handling accidents and injuries,'sy*i M. for provNing the county Monthly "Orating reports and any other per ei t`data you vlAsh`to be considered. - f 4. 0*Vof Standard Operating Procedures. 5, Copt/ofMedical Protocols. S. Copy c( your insurance policy - mustshft.00wage limb 7. Vehida Information. For each vehicle prdVW#wfbIlowii + a; M;a , Model, Year. Manufacturer b. MkW C. VIN r d 'Tag Number 4 e. Passenger capat j (El,E1 classificalait) - i f. Indicate ALS/BLS (" j c�Bisstfication � _i 8. Penel Roster. For eachwropyee provide the following a. blame - Last, First and -,e Initial b. Dover's License # iffummmaiall, specify c sj & Expiration Date ADDITIONAL :INFO RMOM FOR A -b classifications c. Emergericy.Medicat Sete Certification #W # (EMT or Paramed I d. Expiration date of Certltication e. Whether or lalt:has an Emergency Vehicle Q06tation Certificate. 8: Fee! Sdt WWW Ind: Type, Base Rate. Mileage. Waiting & Special Charges U;*jREN IsTANTSIBeth\Beth Casano E0CtC0PCNSRENeAft0AiV40qFCNA0ftNW#Lft V NOTAPSM #TA , ire :: ,the representatiY tt RG Anft*WM Servk*i bw. AM CVJRV AMbUbnM . ! hermit ad !fit Business Name of Service the above named service will 006vide con Mous service on 4.1 WWM 7-dWy week bash. I da hereby attest#hat 1 :M A named service l i the requiremenb for operation of an ar11 a service in the St»l l orida ash provided in Chapter 401, Peet iH, Flitatutes, Chapter 6411AVIWkla Adminietkifte Code, and thattO0,6s. 'anply with all the p 304, Urs Support Services. ALL APPLIeAWS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience an cessity, v subject this service and its authorized renres"tiv ective actian and • UITIRE ADMIN ASSISTANTS\Beth\Beth Casano EOCICOPCMRENEWAL PACKETS\COPCN Application doc 5 159 01 . INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Michael Zito, Interim County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Stephen R. Greer, Bureau Chief of EMS Fire Rescue Division DATE: January 30, 2023 SUBJECT: Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc d/b/a American Ambulance Service to Provide Interfacility Ambulance Transportation Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION • On February 9, 2021, the Indian River County Board of County Commissioners approved a renewal and ownership change for a Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc., d/b/a American Ambulance Service to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire February 9, 2023. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" Certificate of Public Convenience and Necessity has been submitted by RG Ambulance Service, Inc d/b/a American Ambulance Service. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. • 160 0 RECOMMENDATION: • • Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" Certificate of Public Convenience and Necessity for RG Ambulance Service, Inc., d/b/a American Ambulance Service, to be effective for a period of two (2) years from February 9, 2023 to February 9, 2025. ATTACHMENTS: 1. Renewal Application from RG Ambulance Service, Inc. d/b/a American Ambulance Service 161 WITH THIS APPLic 1"iM. I i RENEWAL APPLICANTS ONLY #'s 414 i 1. Factual Statement indicating the public need and swvl s, buftiit tudies supportinig the demonstrated demand and feasibitify for tho plead serfs) and deficiencies in existing services, and itttW ad1irpdt*Wt data you v4sh to be considered 2. Factual statement of 00 proposed services to be provided, including type of service, hours and d d operation, market to be served, geographic areas to be serviced, and wN*tIW pertinent data you wish,16 be considered. 3. Factual Statement Indicatingthe a bt'ipf the appiict to manage and i provide the proposed services, Including the management plan, maintenance ' facliities, insurance program; stenting system, item for handling complaints, system for handing accidents and *ries, system for piling { the county monfhfii operating repofts mer pertinent dWyou viM .10, be considered. - i 4. Copy cif Somdwd Operating Procedures. ; 5:. of Med Ica I Protocols. 6. CA*,y:of your insurance- pofty— mW show coverage limits — 7`. rovide the following: V4*0d.e lftfonnation. Foresch "We'p g: sL Make, Model, Y46r, i1tWmr tier i b: Mileage c. VIN # _ ! d:: Tag Number e: Passenger capat (EIE1 classific ) _. f. Indicate ALS/BLSA classification) �.: 8 Personnel Roster. Foreach employee probe #0 #ilk: i a. Name — East, First and tl$ittdie lttitl b. Driver's license # (if coflPbt, alpe li EXP 11101111:l ADDITIONAL INFO RFOUM Fu t. 101q' la; c. Emergency Medk Service Ce It1bA s#Ifilt # ( T & paramedic) d. ,Expiration date of Certification e.. Whether or not has an Emergency Vehicle Operation Certificate 9. F8B mule inti: 8i81Yi6e Type. Base Rate, Mileage. Waiting &Special Charges ii U TIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Apphcation.doc 4 165 .. p I V. NOTNUM STATIENIMS R. i Gt7iazatez vosentative of RGA Liam* SOVIM 11c. °db® All CoUrty Afpbulstlee No" Of i the above named service will providlecontinuous service on a 24�-dt week basis. I do hereby attest #te above named service meets A 1hR requirements for operation of an i>ulance service in the State of as provided to Chapter 401, Part 111, Florida Statutes, Chapter 64E-2* Administrative Code, and that I epree to comply with all the pr VkbM of Chapter Life Support Services, ALL APPLICA S i I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Con e a -Necessity will subject this service and its authorized repre enta ' t :, rrective action and penalty provided in the referenced a th rity that to thAbest of tl knowledge, all statements on SWOON a licat' re true and porrect. Before me personally appeared the that he/she executed the above M ntof ewa'f will r fu ; the ° . snd r iia l+rftr , tfriS Of exarrrftisslee;, . :;a'"••, JORGECURBBI.o =•i 2 MY COMMISSION M HFA 20 i �` EXPIRES: JaMAN06 1 INDIAN RIVER COUNTY, FLORIDA 0 MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA) for CR50 (CR512 — 87th Street) FM No. 405606-7-52-01 (IRC -2230) DATE: January 31, 2023 DESCRIPTION AND CONDITIONS The Florida Department of Transportation (FDOT) is in the final stages of design for the CR510 (CR512 - 87th Street) project and is preparing to move the project forward for construction in 2025. The FDOT will be constructing widening of CR510 (CR512 — 87th Street) from two lanes to four, drainage improvements, stormwater retention ponds, and other related improvements. Once the project has been constructed by FDOT and the final acceptance process has been completed, the County will be responsible for the maintenance of all improvements associated with the project. Indian River County has requested FDOT construct the sidewalks as 6 -inch fiber -mesh reinforced concrete sidewalks and that the steel mast arms assemblies (eight in total) for the project be painted Federal Highway Green. In order to accommodate that request, the FDOT requires that the local agency governing board approve a Locally Funded Agreement (LFA) to provide for a lump sum payment of $337,857 and a resolution accepting Exhibit B Highway Maintenance Memorandum of Agreement (HMMOA) outlining conditions for the acceptance and maintenance of the mast arms and sidewalk after construction is complete. FUNDING Although the expense of $337,857 is not currently budgeted, a budget amendment utilizing Optional Sales Tax -Cash Forward -Oct 1St will be needed. Funds will be paid out of Optional Sales Tax/Road & Bridge/CR 510/512 to 82 d Avenue, Account # 31521441-066510-23026. RECOMMENDATION Staff recommends the Board of County Commissioners approve the Locally Funded Agreement (LFA) and the Authorizing Resolution for acceptance of the LFA and MMOA and authorize the Chairman to execute the same. ATTACHMENTS Locally Funded Agreement FM No. 405606-7-52-01 Authorizing Resolution APPROVED AGENDA ITEM FOR FEBRUARY 7, 2023 167 C:\Granicus\Legistar5\L5\Temp\de3db435-eId7-4b6e-9898-edd9dd6adb15.doc 4C7 ON FM No: 405606-7-52-01 FEID No: VF -596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the Indian River County, located at 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY provide financial assistance for improvements in connection with the DEPARTMENT'S construction work along CR -510 from CR -512 to 87t1 Street in Indian River County, Florida. (Financial Management (FM) Number 405606- 7-52-01, Funded in Fiscal Year 2024/2025); and WHEREAS, the COUNTY has requested that the DEPARTMENT perform the following additional work (FM Number 405606-7-52-01, Funded in Fiscal Year 2024/2025): Painting of the mast arm assemblies and the construction (installation) of a 6 -inch fiber -mesh reinforced sidewalk, as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the COUNTY by Resolution No. adopted on 20 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The total cost for the DEPARTMENT'S construction work and the Project is estimated to be SIXTEEN MILLION TWO HUNDRED FIFTY SIX THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND NO CENTS ($16,256,850.00). The COUNTY'S share for the Project is a one- time lump sum payment of THREE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS AND NO CENTS ($337,857.00), which sum 468 be Page 1 paid to the DEPARTMENT. The COUNTY'S payment is non-refundable. In the event the • actual cost of the Project is less than the COUNTY'S payment, the difference shall be retained by the DEPARTMENT to cover costs associated with the DEPARTMENT'S construction work. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the COUNTY, then any additional cost shall be the sole responsibility of the DEPARTMENT. A. The COUNTY agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of THREE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS AND NO CENTS ($337,857.00), to be used for the estimated Project cost for locally funded project number 405606-7-52-01. The Department may utilize this contribution for payment of the costs of the Project. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the DEPARTMENT'S Work Program and not construct the sidewalk and/or paint the mast arms. Remittance shall be made payable to the Department of Florida Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM No. 405606-7-52-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 405606-7-52-01. Payment shall be mailed to: Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 In lieu of mailing payment to the DEPARTMENT, the COUNTY may also submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 State of Florida Department of Financial Services Bureau of Collateral Management Re: DOT — K 11-78, Financial project # 405606-7-52-01. In order for FDOT to receive credit for the funds due to the Department, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. 169 Page 2 Once the wire transfer is complete, the COUNTY will contact Ms. Jennifer Bennett at 850-414-4861. In addition to calling Ms. Bennett, the COUNTY shall send an email . notification to d4-LFA@dot.state.fl.us stating the day and time the wire transfer was sent. 5. Upon completion of the Project, the COUNTY will comply with the provisions set forth in the District Four Highway Maintenance Memorandum of Agreement (HMMOA) which is attached hereto and made a part hereof as Exhibit B. The COUNTY shall agree to maintain the Project in accordance with the terms of the Exhibit B. The terms of this paragraph shall survive the termination of this Agreement. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project (FM# 405606-7- 52-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. The COUNTY / Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the COUNTY/ Vendor/Contractor during the term of the contract; and (B) shall 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. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. . 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or 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 agreement that are not contained in this docnt. Page 3 C� • Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation 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 executed with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Mario Formoso, P.E. A second copy to: Office of the General Counsel If to the COUNTY: Indian River County 1801 27th Street Vero Beach, Florida 32960 Attn: Rich Szpyrka Federal Employer ID No.: F-596-000-674 This is space is intentionally left blank Page 4 171 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: _ NAME: TITLE: ATTEST: • COUNTY CLERK APPROVED: BY: COUNTY ATTORNEY • (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL APPROVED: F33 DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR Page 5 172 0 EXHIBIT A SCOPE OF SERVICES FM# 405606-7-52-01 The DEPARTMENT shall construct, on behalf of the COUNTY, the following improvements: Construction of a 6 -inch fiber -mesh reinforced concrete sidewalk and the painting of eight (8) existing steel mast arms assemblies. Page 6 173 • SECTION No.: 88050000 FM No.: 405606-7-52-01 AGENCY: Indian River CO. C. R. No.: 510 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this day of 20_, by and bet e STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the Staub orida, hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, apolitical subdivision Qf�i` State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafterc I edge AGENCY collectively referred to as Parties. V WITNESSETH: WHEREAS, the AGENCY has jurisdiction over COUNTY ROAD 5 Street), as part of the COUNTY roadway system from CR 512 to 87th Street; and 14S WHEREAS, pursuant to Sections 339.07, 339.08 .12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake Qrojects within the AGENCY's geographical limits and the AGENCY agrees to have this improdnt constructed; and Y WHEREAS, in accordance withl'it�3, U.S. Code, Section 116 and Federal Highway Administration regulations issued)4NuYnt thereto, there must be an agreement with the AGENCY to maintain the project; and WHEREAS, purt�to such authority, the DEPARTMENT and the AGENCY agrees to have the DEPARTMENT cons certain improvements more particularly described as Financial Project ID 405606-7-52- 1, ) i ch involves widening CR 510 from two lanes to four lanes; hereinafter referred to as the "Pro more particularly described in Exhibit A; and WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will proceed to construct the Project; and -1- 174 • WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution on the day of , 20_, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the o �e Parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorpo erein. 2. The DEPARTMENT has undertaken and obtained the approval of Fe participation for the Project. The AGENCY is responsible for additional Project costOynined to be Federal Aid Non -Participating. 3. The AGENCY shall allow the DEPARTMENT and its co S6rs to enter onto the existing AGENCY property. No further permit or agreement from ency shall be required to construct this Project. 4.The AGENCY shall continue to maintain t ee e)x ing roadway and any property owned by the AGENCY until the DEPARTMENT be bfistruction of the Project. The AGENCY shall continue to be responsible for mowing an Ii removal during the duration of the Project. 5. Upon "final acceptance''y* DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Speci s for Roadway and Bridge Construction dated 2022, as amended), and Notice there4_f(t e AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance wi following Federally and State accepted standards: (a) FDOT Design Manual (FDM), cur e ition (b) Florida Green Book dated 2018, as amended (c) Governing standards and spe ions: FDOT Design Standards dated FY 2022-2023, as amended (d) Standard Spec' tions for Roadway and Bridge Construction dated 2022, as amended by contract SjQc nts, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as rnded. Maintenance of said Project includes maintaining but is not limited to, drainage pond, <�exible pavement, signing and pavement markings, signalization equipment, sidewalks, intersection pedestrian lighting, drainage structures, handrails, the Indian River County North County Transit Hub (inclusive of fencing, gates, sidewalk, pavement, sodding, signing & marking, curb, and pond), and miscellaneous walls. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. i -2- 175 • b. The DEPARTMENT shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specification previously approved by both the DEPARTMENT and the AGENCY. �- O 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGd 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY 11 ign as a joint applicant and be responsible for the permits related to the Project. Fur�t�h(e `yam'- AGENCY shall be solely responsible for ensuring that the Project remains in compliancz wi all permits after the construction is complete and the right of way is transferred to GCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTM any violations by the AGENCY of any permits issued to the Department or jointlyt e AGENCY and the DEPARTMENT after construction is complete. The AGE Pi�shall execute all documentation required by the permitting agencies in a timely ma accept transfer of the Project. The AGENCY shall be the applicant for all occupancy p 1 s that are required for the Project. . 8. Utilities: The AGENCY shall cooperate witAkebEPARTMENT, to the extent necessary, to accomplish utility relocations for AeAGENCY t. This shall include, but not be limited to, entering into utility subordination agreemhe affected utility owners, thereby assuming liability for future utility relocations w�hi right of way and proposed right of way. At its own expense, the AGENCIXomply with any and all requests of the DEPARTMENT to provide written notice i y owners to initiate work necessary to alleviate interference; to remove or relocate mpliant utilities; and to place liens upon non-compliant utility owners within the AGE t of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY sha be ' le and reimburse the DEPARTMENT for any cost incurred by the DEPART r the AGENCY's failure to timely comply with said request. ��GENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including �,�) connections with utility customers. 0 Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect y connections for the Project. 10. The DEPARTMENT and the AGENCY shall keep the commitments established in the PD&E study, Preliminary Engineering Report and as amended by approved re-evaluations. • 11. Drainage: Includes drainage system along CR 510, a new combined drainage pond with bus hub -3- 176 • located east of CR 510 immediately north of the Sebastian River High School, an existing pond located on the south side of CR 512 between CR 510 and Sebastian River Lane, and an existing pond located adjacent to and on the west side of CR 510 between 89th Street and 87th Street. The proposed design will maintain existing drainage patterns with modifications to some drainage structures necessitated by widening of the roadway. A drainage pond north of the Sebastian River High school and the existing drainage pond between 89th Street and 87th Street will treat the CR 510 drainage. The existing pond on CR 512 between CR 510 and Sebastian f., er Lane will treat water from CR 510 and intersection improvements at CR 512. A new bo will be installed across CR 510 to replace the existing box culvert at 89th Street. 12. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooper 1 h the DEPARTMENT to the extent necessary to construct the Project. This shall ' D but not be limited to the execution of documents; allowing the DEPARMENT and r contractors/consultants to enter upon the real property owned, lea , ossessed and/or controlled by the AGENCY upon which the Project is to be const N* or any property adjacent thereto. � Y 13. E -Verify requirements: The AGENCY: :r� • shall utilize the U.S. Department of Homcurity's E -Verify system to verify the employment eligibility of all new employee Pfired by the AGENCY during the term of the contract; and A.�- • shall expressly require any co ractds•performing work or providing services pursuant to the state contract to lik Mize the U.S. Department of Homeland Security's E - Verify system to verify thj2eloyment eligibility of all new employees hired by the contractor during tntract term. 14. This document incor and includes all prior negotiations, correspondence, conversations, agreements, or u r ridings as represented in the Final Proposed Construction plans. Accordingly, it ' leed that no deviation from the terms hereof shall be predicated upon any prior repreA ton or agreements whether oral or written. 15. TheMENT will provide the AGENCY with as-builts as a part of the final acceptance c k�g additional Insured: The DEPARTMENT shall include the following paragraph as part of Section 7- 11 3.2 -13.2 of the Standard Specifications for Road and Bridge Construction, Division 1, General Requirements and Covenants (January 2022), as amended, applicable to this Project: "Cause Indian River County to be an additional insured party on the Contractor's Public Liability and Property Damages Liability Insurance policies that insure the Contractor for the described work that it performs under the Contract." -4- 177 • • 0 17. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 18. LIST OF EXHIBITS • Exhibit A: Project Scope • Exhibit B: AGENCY'S Resolution [This space intentionally left blank.] -5- w 04 ,t4 178 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided below. ATTEST: JEFFREY R. SMITH • S1S • AGENCY INDIAN RIVER COUNTY, through its �O BOARD OF COUNTY COMMISSIONERS By: V day of 20 Approved as totrm y Office of County Attorney O By:. TMENT OSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director day of , 20 Approval: Office of the General Counsel (Date) -6- 179 iSECTION No.: 88050000 FM No.: 405606-7-52-01 AGENCY: Indian River CO. C. R. No.: 510 EXHIBIT A i�. PROJECT SCOPE �O All of the improvements are to be completed by the DEPARTMENT within the AGENC ting CR 510, from CR 512 to 87th Street; and CR 512, from Sebastian Crossing Boulevard to Seb Iver Lane, right-of-way and/or all acquired property interests to be acquired by the DEPA for the AGENCY. Typical Section • CR 510 from CR 512 to 87th Street -1 o Four (4) 11 -foot wide travel lanes (two in each direlF, ith seven (7) -foot buffered bicycle lanes o Raised median of variable width (minimum 2 wide) 0 5- to 6 -foot wide sidewalks along both side adway with ADA compliant pedestrian ramps • Signing and Pavement Markings •••• • Includes signing and pavement marki i hin the project limits. Signalization O • Includes signals on CR 510 a intersections of CR 512, Mako Way; Hammerhead Way, and 87th Street. Interconnect t�512 to 87th Street. • Drainage 7 • Includes drainam along CR 510 and CR 512 with a new drainage pond immediately north of Sebastian Ri gh School and use of two existing drainage ponds: CR 512 between CR 510 and Sebas"iver Lane, and on CR 510 between 89th Street and 87th Street. A new box culvert across CITIP'at 89th Street to replace the existing culvert. Permits j ;s"i DEPARTMENT will acquire the following permits in the AGENCY's name: SJRWMD, SRID and CE/FDEP. Lighting • Includes lighting at the signalized intersections. Miscellaneous • Retaining walls with handrail along back of sidewalk or other areas along the right of way of CR 510. -7- 180 Transit • A new bus hub (Indian River County North County Transit Hub) to utilize the berm tops of the proposed pond immediately north of the Sebastian River High School. • S1S • -8- 181 • L] • EXHIBIT B AGENCY's Resolution SECTION No.: 88050000 FM No.: 405606-7-52-01 AGENCY: Indian River CO. C.R. No.: 510 -9- 182 RESOLUTION NO. 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCALLY FUNDED AGREEMENT (LFA) FM NO. 405606-7-52-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAST ARM PAINTING, CONSTRUCTION OF A 6 -INCH FIBER -MESH REINFORCED CONCRETE SIDEWALK AND THE MAINTENANCE OF BOTH FOR CR510 (CR512 — 87TH STREET) UPON FINAL ACCEPTANCE BY THE COUNTY OF THE IMPROVEMENTS CONSTRUCTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the widening of CR510 (CR512 — 87th Street) (Project) is an Indian River County priority project; and WHEREAS, on November 22, 2022, Indian River Board of County Commissioners approved a MMOA for the County to maintain CR510 (CR512 — 87th Street) following FDOT final acceptance of the Project; and WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this Locally Funded Agreement FM No. 405606-7-52-01 for painting eight (8) mast arms in Federal Highway Green and the sidewalk be constructed with 6 -inch fiber -mesh reinforced concrete on the Project for a lump sum total amount of $337,857 and the District Four Highway Maintenance Memorandum of Agreement for continued maintenance after construction is complete; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Locally Funded Agreement FM No. 405606-7-52-01 for the Project. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Laura Moss Commissioner Deryl Loar Commissioner Joseph E. Flescher Page I 1 of 2 C:\Granicus\Legistar5\L5\Temp\bdf634a8-6ace-48e7-9ddd-ce459ce4e64 Ldoc who 183 • RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of 12023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Page 12of2 C:\Granicus\Legistar5\L5\Temp\bdf634a8-6ace-48e7-9ddd-ce459ce4e641.doc Joseph H. Earman, Chairman is Dylan ReingoldCounty Attorney William K. B'raal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Ofce of INDIAN MEMORANDUM /6A.] Public Hearings - B.C.C. 2.7.23 RIVER COUNTY ATTORNEY TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 30, 2023 SUBJECT: County Administrator Residency Requirement Ordinance — Public Hearing BACKGROUND. The Indian River County Ordinance Code does not contain a requirement that the County Administrator reside in Indian River County. On December 13, 2022, the Indian River County Board of County Commissioners ("Board") directed the County Attorney's Office to work on a draft ordinance which would codify such a requirement. Consistent with the language contained in section 125.73, Florida Statutes, the County Attorney's Office drafted the attached ordinance, which would amend section 10 1. 05 of the Indian River County Ordinance Code to state that the "county administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county." On January 17, 2023, the Board authorized the County Attorney to set the ordinance for a public hearing on February 7, 2023. FiTNDiNG_ The only cost associated with this item was the advertising cost for the public hearing which was paid for from General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners open the public hearing, take any public comments, close the public hearing and approve the proposed ordinance. ATTACHMENT. Draft Ordinance C: IGranicu "gbW59J1T—pW76fellf,W--8513- 986473a61J537add- 185 0 ORDINANCE NO. 2023 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 101.05 (THE COUNTY ADMINISTRATOR) OF CHAPTER 101 (GOVERNMENT ORGANIZATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO REQUIRE THE COUNTY ADMINISTRATOR TO RESIDE IN INDIAN RIVER COUNTY DURING HIS OR HER TERM IN OFFICE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners wishes to require the county administrator to reside in Indian River County during his or her tenure in office, 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 Section 101.05 (The county administrator). New language indicated by underline, and deleted language indicated by strikethrougI4. Section 101.05 (The county administrator) of Chapter 101 (Government Organization) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 101 — GOVERNMENT ORGANIZATION Section 101.05. — The county administrator. 1. The county administrator shall be qualified by education, professional public service, and administrative and managerial ability. The administrator shall be responsible for the administration of all departments of the county except constitutional officers and their employees and the county attorney and staff. The administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the county. The county administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county. The administrator's authority and duty shall include, but not be limited to, the following powers and dutifg6or areas under his jurisdiction: Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 27' day of January, 2023, for a public hearing to be held on the 711 day of February, 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA in ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Joseph H. Earman, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of 12023 187 0 PUBLIC HEARING: 2/7/2023 LEGISLATIVE 0HCe of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney ATTORNEY DATE: January 30, 2023 • RE: Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 144 Section 125.68(1)(a), Florida Statutes requires counties to maintain a current codification of all ordinances and an annual publication of such codification by the Board of County Commissioners. FUNDING: The only cost associated with this item was the cost of publication of the notice of public hearing in the amount of $136.80, which is being paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDED ACTION: Open the public hearing, take public comment, close the public hearing, and adopt the ordinance to codify and publish the ordinances published in The Code of Indian River County up to and including Supplement 144. ATTACHMENT: Proposed Ordinance C7 • ORDINANCE NO. 2023 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 144 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a current codification of all ordinances; and WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of such codification by the Board of County Commissioners; and WHEREAS, Municipal Code Corporation publishes periodic supplements to The . Code of Indian River County more often than annually on behalf of the Board of County Commissioners; and • WHEREAS, Subsection 100.03(1) of Chapter 100 of The Code of Indian River County, provides: The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted, BE IT ORDAINED by the Board of County Commissioners of Indian River County, as follows: SECTION 1. CODIFICATION AND PUBLICATION. Section 100.03, Amendment or repeal of ordinances, of The Code of Indian River County is hereby amended to read as follows: CODING: Words in Wig# format are deletions to existing text; words in underlined format are additions to existing text. 189 ORDINANCE NO. 2023- 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance is repealed or the amendment took effect. 4. All ordinances published by the Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 444-144 thereto are deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. SECTION 2. SEVERABILITY. . If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. SECTION 3. CODIFICATION. The amended language contained in Section 1 of this ordinance shall be codified as Section 100.03 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. CODING: Words in strike thmug# format are deletions to existing text; words in underlined format are additions to existing text. 190 0 • • ORDINANCE NO. 2023- This ordinance was advertised in the Indian River Press Journal on the 27' day of January, 2023, for a public hearing to be held on the 7th day of February, 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of February, 2023. Attest: Jeffrey R. Smith, Clerk and BOARD OF COUNTY COMMISSIONERS Comptroller OF INDIAN RIVER COUNTY, FLORIDA Deputy Clerk Joseph H. Earman, Chairman Approved as to form and legal sufficiency: Dylan Reingold County Attorney Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of February, 2023. we CODING: Words in ugh format are deletions to existing text; words in underlined format are additions to existing text. 191 • �vER c 4 °o- Office of the ` INDIAN RIVER COUNTY OR�� ADMINISTRATOR Michael C. Zito, Acting County Administrator fu151 75 [11M11WI �i�► I TO: Members of the Board of County Commissioners FROM: Kathy Copeland Legislative Affairs and Communications Manager DATE: February 2, 2023 SUBJECT: Draft Commissioner Assignment List — Legislative Topics BACKGROUND Each year, prior to the start of the State Legislative Session, the Commission, during a regularly scheduled Board of County Commission (BOCC) meeting, discusses appropriate point persons and alternates for potential legislative topics that may require engagement to express the County perspective. To avoid confusion, and to assist in preparation for such engagement, the proposed draft assignment list has been prepared for discussion. The list was drafted using the existing BOCC Committee assignments as a guide regarding relative topics. RECOMMENDATION It is staff s recommendation that the BOCC discuss, edit, and adopt the list for use during the 2023 Legislative Session. ATTACHMENT Graph outlining point persons and alternates for the 2023 State Legislative Topic List. 192 • Designated Point Persons and Alternates for 2023 State Legislative List of Priorities • C7 Topic Point Person Alternate Indian River Lagoon Chair Earman Vice -Chair Adams Biosolids- Pilot Program Vice -Chair Adams Commissioner Flescher Tourism Tax Commissioner Flescher Commissioner Moss Beach Restoration and Nourishment Chair Earman Commissioner Moss Short -Term Vacation Rentals Chair Earman Commissioner Flescher State Housing Initiatives Partnership/ Affordable Housing Vice -Chair Adams Commissioner Moss Broadband Access Vice -Chair Adams Commissioner Flescher Preemption Commissioner Loar Vice -Chair Adams Water Infrastructure Commissioner Moss Commissioner Loar Mental Health Commissioner Flescher Commissioner Loar MR] 1 DEPARTMENTAL STAFF REPORT INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator FROM: Suzanne Boyll Human Resources Director DATE: January 31, 2023 SUBJECT: Proposed Interview Schedule for County Administrator BACKGROUND: At the November 1, 2022 meeting, the Indian River County Board of County Commissioners (BOCC) authorized former County Administrator Jason Brown and Human Resources Director Suzanne Boyll to proceed with utilizing the services of a professional executive recruiting firm for the upcoming vacancy of County Administrator. The vacancy was created due to the resignation of Jason Brown effective December 31, 2022. Colin Baenziger & Associates (CB&A) was selected to provide executive recruitment services to the BOCC. The process is currently underway and it is expected that the BOCC will be provided a list of well qualified candidates in advance of the February 21, 2023 meeting in order that the BOCC may select finalists for interview at that meeting. In preparation for the interview and selection process, CB&A provided a draft of a typical outline of an interview process to staff. This proposed outline was provided to the BOCC on Thursday, January 26, 2023. The interview process is scheduled for March 2nd and 3rd On Tuesday, January 31, 2023, CB&A provided additional information for review and consideration of the BOCC to include: 1) Interview Process Memo and FAQ 2) White Paper—The Typical Interview Process for County Administrator 3) Interview Schedule — Indian River County 1St Draft 1/26/2023 4) Interview Schedule — St. Lucie County 6th Draft 1/26/2023 CB&A will be calling in to the February 7, 2023 BOCC meeting and be available to answer any questions. Various expenses will be incurred for the finalist's interview process, such as, but not limited to, • airfare, car rental, hotel accommodations, per diem meals, reception expenses, County hosted breakfast/lunch, etc. The total expenses are expected to be under $10,000. 194 2 • FUNDING: The total expense for the interview process is expected to be under $10,000 and will be funded from the General Fund/County Administrator/Other Professional Services account, number 00120112-033190, via budget amendment. Final costs will depend upon actual expenditures incurred. Account Name Account Number Amount General Fund/County Administrator/Other Professional Services 00120112-033190 $10,000 RECOMMENDATION: Staff respectfully requests the BOCC provide direction to CB&A and staff regarding the Indian River County interview process for County Administrator scheduled for March 2"d and March 3rd Attachments: 1) Interview Process Memo and FAQ 2) White Paper — The Typical Interview Process for County Administrator 3) Interview Schedule — Indian River County Draft 4) Interview Schedule — St. Lucie County 6th Draft • c: 195 • MEMORANDUM TO: FROM: RE: County Commission Indian River County, FL Lynelle Klein and Colin Baenziger COLIN BAENZIGER & Assocu m DATE: January 31, 2023 County Administrator Interview Process Considerations While the County Administrator finalist interviews are still a month away, we wanted to provide you with some thoughts and options to consider. We have attached a draft interview schedule, a copy of the schedule we recently used in St. Lucie County, and a detailed white paper that serves as a cookbook for who does what so we can all be prepared. The responsibilities are divided between the Consultant (our firm) and your staff. Accordingly, while you may find it interesting, it is not something with which you need to be concerned. Below are some of the questions we are frequently asked and our responses. 0 Frequently Asked Ouestions 1) Question: Are we expected to pay the travel expenses for the finalists coming to interview to be our County Administrator? Answer: Selecting your next County Administrator is one of the most important things you will do in the foreseeable future. While who pays the finalists' travel expenses is a decision you make, it is customary to pay them. Many candidates will consider it an indication of how serious you are about finding the best person for the job. The interview process is a two-way street. You are interviewing them, and they are interviewing you — both of you trying to determine if it is the right fit. Consequently, you want to put your best foot forward by paying the expenses. 2) Question: If we do pay the finalist's travel expenses, what do we pay for? Answer: Typically, you pay for airfare for out of state candidates, as well as a rental car, hotel, and meals. For an in-state candidate, it is typically mileage, hotel, and meals. We recommend you give the finalists IBC's travel guidelines and reimburse based on them. 3) How much will it cost us if we pay their expenses? Answer: The finalist pools are generally a mix of in-state and out of state candidates. Total travel costs vary depending on how many finalists you select and where they 196 Memo to Indian River County, January 31, 2023 come from. That said, the total is typically somewhere between $4,000 and $7,500 in total. For example, a candidate flying from Chicago to Orlando ten days from the date of this memo on Delta Airlines can get a round trip coach class flight right now for $440. Three nights in a hotel is about $750 total at a respectable chain. Our clients frequently negotiate a better rate and pay even less when they book and pay for it directly since they do not pay tax. A medium size rental car for three days will run around $160 for three days. Add food at $50 per day for three days and the total is about $1,500. In-state candidates will average about $1,000 because they will drive their own cars, stay fewer than three nights and need less for food. Finally, if select a local candidate, say someone from IRC, St. Lucie or Brevard Counties and the cost might very, very little. 4) Question: Can we make modifications to the draft interview schedule? Answer: Yes. That is what St. Lucie County did. Hence, their attached schedule is somewhat different from the draft schedule. Conclusion: The point of the interview process and the schedule is for you to obtain the information you need to 10 select the best candidate to be your next County Administrator. Hence, if you have other questions, or would like to suggest modifications, please let us know. • Next Steps: At the Commission meeting on February 7t', these materials will be discussed, and we will determine the best process for Indian River County. Page 2 of 2 197 Preparation and Events for the County Administrator Interviews 0 The following is a list of items that need to be addressed to prepare for the County Administrator Interviews and Selection Process. It probably contains more detail than necessary, but we felt it was best to provide as much information as possible so nothing is forgotten. Pre Interview Tasks — After Finalists Are Selected Notification: Colin Baenziger & Associates (CB&A) will notify the finalists and alternate who have been selected to be interviewed. Responsible Party: CB&A. Preparatory Material: As soon as the finalists and alternate have been selected, the County should send each of them as many of the following materials as are available if not available on the internet: the current year budget, an organization chart, the latest certified audit and management letter, any County strategic and long range plans, enabling legislation and other materials that define the role and duties of the County Administrator, and any evaluations of the organization completed in the previous twelve months. The County should also try to include other materials, such as housing guides, welcome kits from the Chamber of Commerce, maps of the area, etc. Responsible Party: The County. Candidate Travel: We will ask the candidates to purchase their airline tickets and rent a car, with the cost reimbursed directly by the County after the candidate is interviewed. Responsible Party: CB&A Candidate Meals: We will tell the candidates to follow the county's travel policies. Responsible Party: CB&A Candidate Lodging: The County should make reservations for the finalists at a local hotel and pay the hotel directly (thus avoiding the sales tax). Responsible Party: The County. Interview Tasks Candidates Meet the Staff: Many local governments want the candidates to meet their senior staff, and conversely, the candidates like to meet the staff people with whom they would work. There are several ways to accomplish this. One is a "meet and greet" which normally lasts an hour or two. Another is to divide the senior staff into groups of three from different departments, such as someone from Public Works, Human Resources, and Parks and Recreation forming a group. The candidates then rotate among the groups, spending 30 to 45 minutes with each group. Normally, meeting the staff occurs just before the County tour, but can occur afterwards. Responsible Party: The County. County Tour: We highly recommend the County conduct a tour for the candidates and their spouses early Friday afternoon. A van or small bus will be needed, and a knowledgeable staff member should be assigned to conduct the tour so that everyone hears the same information. We suggest the tour start at 1:00 P.M. Responsible Party: The County. Page 1 of 3 © Colin Baenziger & Associ*98 Preparation and Events for the County Administrator Interviews 0 Reception: The County will choose a location for the candidate reception, and typically, it is held at a public facility, a local restaurant, a country club, or other suitable location. It can be scheduled to begin as early as 5:30 P.M., or as late as 7:00 P.M., and usually lasts 90 minutes. The County will need to determine who should be invited. In addition to the elected officials (and their spouses) and the candidates (and their spouses), chairpersons of key committees are often invited, as well as other County officials and local business leaders. With the entire governing body in attendance, the reception should be noticed as a public meeting to avoid any possible appearance of a violation of the public meeting statutes. As a public event, news media representatives will often attend, as well as some members of the public. The County should arrange for food and drink and bear the cost. In some cities and counties, the local Chamber of Commerce has sponsored the event and assumed the cost. The reception provides the first opportunity for the elected officials to meet the finalists, and although the event need not be lavish, it should put the County in its best light. We are often asked if alcohol should be served, and that is a matter for the County to determine. Occasionally, it can be revealing to see how candidates react when alcohol is available. We also recommend the County provide name tags. What seems to work best is something simple such as the self- adhesive name tags which can be purchased at an office supply store. We suggest the candidate name tags be one color while all the other attendees be given name tags of a different color. That makes is easy for the elected officials and the public to identify the candidates. [Responsible Party: The County. Interviews with Elected Officials Interview Morning Breakfast: The County should arrange for a light Continental breakfast on the morning of the interviews. Coffee, juice, Danish, and fruit are usually served 30 minutes before the start of the one-on-one interviews. Generally, very little is eaten so the breakfast need not be lavish. Responsible Party: The County. One -on -One Interviews: The candidates will rotate between the offices of individual member of the elected body for approximately 40 minutes according to a pre -determined schedule. CB&A will provide sample questions that the Commission may wish to ask. CB&A representative or member of County staff will usher each candidate to each elected official at the appropriate time to keep the process on schedule. Responsible Party: CB&A and the Elected Body Interview Day Lunch: The County should arrange for a light lunch for the elected officials and the candidates. It is served immediately after the one-on-one interviews. Usually, 30 to 40 minutes are allocated for lunch, and it is done in the same facility where the interviews are held. Again, it need not be lavish. Sandwiches (or subs), a salad and drinks are typical. Responsible Party: The County. Interviews by the Elected Body as a Whole: We recommend the elected body as a whole interview each of the candidates for approximately 30 minutes. These interviews will be conducted at public meetings. We start with a brief 5 -minute session to discuss procedures and Page 2 of 3 © Colin Baenziger & Associ#99 • Preparation and Events for the County Administrator Interviews settle on the questions to be asked. The staff member will then usher the first candidate to the podium and introduce him or her. The Chairman typically welcomes the candidate and provides the candidate with a few minutes to describe his or her background briefly. Each elected official in turn asks the candidate one or two questions, and any follow-up questions. If time permits, more questions may be asked. While each interview generally lasts 30 minutes, since the interviews are sequential, the Commission can take more or less time with each finalist. The important thing is for the Commission to get the information it needs to make the right decision. Responsible Party: The Elected Body with staff assistance. Recap, Discussion of Next Stens and Possible Selection: At the conclusion of the last interview, the Commission will briefly recap the day's events. Some elected bodies make the selection of the Administrator that day. Others prefer to consider what they have learned for at least a day or two before making their selection. Responsible Party: County Commission with County Staff and CB&A. If you have any questions, please let us know, and we will be happy to provide answers. Page 3 of 3 © Colin Baenziger & Assoctj@@ Indian River County - County Administrator Interview Schedule - DRAFT March 2nd 10:00 am.: Tour of County. Meet at the County Administrator s Office - County Administration Building Administration Building A (South) 1801 27th Street in Vero Beach. Phone: (772) 226-1408 3:30 p.m.: Cheese and cracker reception with staff 5:00 p.m. Finalists have free time. 5:30 p.m. to 7:00 p.m. Finalist Reception at a location to be determined. March 3rd One-on-Onelnterviews IQU1023 201 8:45 a.m. Coffee, tea, danish and fruit 9:00 to 9:40 a.m. Finalist #1 Finalist #2 Finalist #3 FinaBst #4 Finalist #5 9:40 to 10:20 a.m. Finalist #5 Finalist #1 Finalist #2 Finalist #3 Finalist #4 10:20 to 11:00 a.m. Finalist #4 Finalist #5 Finalist #1 Finalist #2 Finalist #3 11:00 to 11:10 a.m. Break 11:10 to 11:50 a.m. Finalist #3 Finalist #4 Finalist #5 Finalist #1 Finalist #2 11:50 a.m. to 12:30 p.m Finalist #2 Finalist #3 Finalist #4 Finalist #5 Finalist #1 201 • 0 0 St. Lucie County - County Administrator Interview Schedule - 6th Draft 112612023 January 26th 10:00 a.m.: Tour of County. 3:30 p.m.: Cheese and cracker reception with staff 5:00 p.m. Finalists have free time. 5:30 p.m. to 7:00 p.m. Finalist Reception at a location to be determined. January 27th One -on -One Interviews Time 8:45 to 9:00 a.m. Hartz Dzadvosky Fowler Leet Gather for coffee, tea, danish and fruit Townsend 9:00 to 9:45 a.m. Scrapchansky Dougherty Johnson Stokus Landry 9:50 to 10:35 a.m. Landry Scrapchansky Dougherty Johnson Stokus 10:40 to 11:25 a.m. Stokus Landry Scrapchansky Dougherty Johnson 11:30 to 11:45 a.m. Break 11:45 a.m.tol2:30 p.m Johnson Stokus Landry Scraphansky Dougherty 12:35 to 1:20 p.m. Dougherty Johnson Stokus Landry Scapchansky 1:20 p.m. Lunch for Finalists and Commission Members Special Meeting - Interviews with the Commission as a Whole Time 2:20 to 2:50 p.m. Name Scrapchansky 2:50 to 3:20 p.m. Dougherty 3:20 to 3:50 p.m. Johnson 3:50 to 4:05 p.m. Break 4:05 to 4:35 p.m. Stokus 435 to 5:05 p.m. j Landry 5:05p.m.: Commissioner thoughts and comments, ifany Note: Since the afternoon interviews are sequential, you can take more or less time with each candidate. The important thing is for you to be comfortable with your choice for County Administrator and to have all the information you need to make that choice. You can also take any extra breaks you feel are needed. January 31st 9:00 am. Commission selects St. Lucie County's next County Administrator and appoints a negotiating team to develop an employment agreement with the selected Finalist. 202 • • aF/ Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 31, 2023 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2023/2024 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2023/2024 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 7, 2023 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Wednesday, July 12, 2023 Thursday, July 13, 2023 (as needed) Wednesday, Sept. 13, 2023 at 5:01 p.m. Wednesday, Sept. 20, 2023 at 5:01 p.m. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2023/2024 budgets. 203 Office Of Attorney's Matters 2/7/2023 .INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: January 27, 2023 SUBJECT: Authorization to proceed with foreclosures on Code enforcement cases: 2014050077 (Collins) and 2021090105 (Paige) • Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on January 23, 2023. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2014050077 (Collins): This code enforcement action started in 2014 with a complaint regarding an unmaintained swimming pool. There was an evidentiary hearing on June 23, 2014 at which time the respondents (Margarete and Patrick Collins in care of Scott Collins POA.) were found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondents were given a time frame to correct the violations that were found. At a compliance hearing held on July 28, 2014, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day for overgrown weeds and an unmaintained swimming pool violation. The order is recorded at O.R. Book 2782 and Page 693. The property was never brought into compliance and currently has a squatter residing in the property. Case Number 2021090105 (Paige): This code enforcement action started in 2021 with a complaint regarding junk, trash, and debris. There was an evidentiary hearing on November 22, 2021 at which time the respondents (James and Jeanne Paige [Estate of]) were found in violation of the IRC Code. The respondents were given a time frame to correct. At a compliance hearing held on January 24, 2022, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued 204 Code Enforcement Foreclosures February 2, 2023 • Page 12 an order for a fine in the amount of $100.00 per day for overgrown grass and weeds, junk trash, and debris, as well as unmaintained and unsecured swimming pool. The order is recorded at O.R. Book 3513 and Page 2413. The property was never brought into compliance. • • Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these expenses are available in the MSTU Fund /Env. Planning/Legal Services, Account # 00420724-033110. This funding will be offset by any revenues received through the foreclosure process. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Order Imposing Fine and Deeds case numbers 2014050077 and 2021090105 205 1/25/23,4:31 PM Landmark Web Official Records Search 3120220011413 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3513 PG: 2413,2/2212022 3:29 PM • CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA • IN THE MATTER OF: PAIGE, JAMES R & JEANNE [ESTATE OF] 955 37TH AVE VERO BEACH, FL 32960 , Respondents CEB Case No. 2021090105 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on November 22, 2021, after due notice to the Respondent(s), at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent(s) to take corrective action by a certain time, as more specifically set forth in that order. On January 24, 2022, this Board conducted a compliance hearing to determine whether the Board's order of November 22, 2021, as amended by Order(s) Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist overgrown weeds in excess of 12 inches, yard debris scattered around the yard, unmaintained swimming pool, and unsecured swimming pool in the RS -6 Zoning District, which constitutes the use of the property in violation of Section(s) 973.03(1), 973.03(2), 403.12, 424.2.17, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of NOVEMBER 30, 2021, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 955 37TH AV VERO BEACH Tax Parcel ID No. 33-39-10-00017-0002-00021.0 Legal Description: LOT 21, BLOCK B, GREENWOOD VILLAGE UNIT 2, PBI 7-14 beginning DECEMBER 1, 2021. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED JANUARY 24, 2022, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tune. 206 https://ori.indian-river.org/search/index?theme=.blue&section=searchCHteriaName&quickSearchSelection=# 1/2 1/25/23,4:31 PM • BK: 3513 PG: 2414 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this �` day of , 2022. ATTEST: C7" ul*..Q �&� Lisa Plesnarski Recording Secretary CODE ENFORCEMENT BOA OF ]NDI VER CO FLO DA By: a s Cha► }" Indian River County Code Enforcemeni_>vard CERTIFICATE OF SERVICE FCy I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- na ed Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this t#' day of 2022. Lisa Plesnarski, Recording Secretary REVIEWED -AS TO LEGAL FORM: tf D. Peshke Advising Al CEB Case No. 2021090105 Code Officer: VANESSA CARTER SOLOMON f f a R4. r 207 https://ori. indian-river.org/search/i ndex?theme=. blue&section=searchCriteriaName&qu ickSearchSelection=# f 2/2 0 M: C Ou f]2 V_ t Lu 1 - b 66c cif j <1 iAt _4vr-to = 7 r. ) • -<,'23 w WARRANTY DEED —o—O TO I—VIO This Warranty deed txi-de lite ANDREW ST. PIERRE hereinafter called tike fironlor. to 387371 IIt.h tiny of Jul} JAMES R. PAIGE. atstl JEANNE' PAIGE: , hi,; wi ft - RaMCG FORM of A. 1). IVB -1 by u•Itose postollice address is ����� .3%T�i /%t%L t'fi ,L'11.,�i'✓i "71• 3 :I:- e, hereinaller called fire ((ranter: rNh e.rr vd h."'. rhe term. `.eram••r" and "r ntre' ­1.dr all rhe pante. t.• rh .. my urranr and the hrin. Irral re V+ n.uu. r. and a.aan. rl .nd...dud.. ar•1 rhe u.rr.v•.. and a. Iem of r.rpnrannn.• • Witnesseth: That the grceretur, for and in Consideration erf file sum of and oher cerluahlr considerations. receipt whereof is hrreliv acknota-led'savl. hereby rlrorels. hargains. sells. olit•tts. re Mises. reieteses. conveys "feel confirms titter flee grcenfee. all flint certain land shrill.. in I1..ii..ttl Ri•:•.•r ('ounh•. I'icerida. rizc Lot �11, Rlo,_-k 11, 1,:RKEN-4,`.D VILL,Ata: UNIT2_tc-r.-`r•tin,3 t.o tl.., III -it . ,1>. roc:orded its I'lat Nook 7, Ful. 1.1, of thri'tilnli: R�`:ter:i c.f Ir'dl.t.: R'i`t-r cotutty, Florida. 0^C. ST. -AMT. i �-/C.'7 ft.r.Dd WRIUL Cluk of CiNPIt Gift / Irdian River CouetY - by L:. t t'+ E eiv 4,r� /' Z THIS IS NIT W-0-IF.STEAD FRkAIERTY. GRAN'rows RFRIL}:NC'i. Is TRA`; 'HA IWIW; CVNVEYEf,. Together with all the tenements. hereditaments and appurtenances (hereto belonging or in wise appertairtin!l. To have and to Mold, the same in fat' simple forer'er End lite grantor hereby covenants u+ith said granter Slant flee grantor is fait -fully sei:etl of said later( in fee simple: flint the grantor has (Iotsd right anti lawful outhorily to sell and convey said Innd: flint the grantor hereby fully tt•arrants flee title to said latest and will defend the sonse against lite lawful s-iceints of all persons whorrtsoeeer: and flint said land is free of all encumbrances. except taxes accruing stthsryueni to I )ecember 11. 10 a-3. �G1eaix,r TO ALA. VALI1c Rf:.TRIL'PR}:5EhVAT10NS, FA.-IiMFNir- AN: ;;I';' °' i:'•, 4' In WiUMS Whert0f, tire said firanfor lens siflreed anti sealed these presents the tiny anti year firs! above u1 eel. Sign seDled and delivered our presence: STATE. OF FLc+RIMA f COl'\TY tF INDIAN KIVER t♦ 1 HEREBY CERTIFY that on this day, before me, an officer dul% authorized in the State aforesaid and in the County aforesaid to lake acknowledgments. personally appeared ANDREW ST. PIERRE, ........ , to;tfr�e`�rt;� be the person described in and who executed the tbtYRei►'nsx'i:A}Itilt't'r'ot and lett acknowledged before me that hr - e t k mot ^•' • S r'l r'ti ESS my hand and official wal in the County and 1 .. o• e s SLIM 4a/t afor,mid this 1 It til day of I` L\�+ Y�;' A. D. 19 N.1. .....:.n....; ": y n m> tote •eltires /�� —. 7 his %R.E/rur//PIS/ �trr�><f Iddn / ► SO -Act @flow Foe INC0601123 USE Tit's :tr..-r^tw3srre"nre']ty� n hill: t'e _....._ . _. 208 co Tit's :tr..-r^tw3srre"nre']ty� n hill: t'e _....._ . _. 208 1/25/23,4:27 PM • Landmark Web Official Records Search 3120140048923 RECORDED IN THE RECORDS OF JEFFREY R SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2782 PG: 693,8/20/201410:47 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: COLLINS, PATRICK E & MARGARETE CIO SCOTT COLLINS POA 1308 SHERWOOD CT ROCKLEDGE, FL 32955-2635 , Respondents CEB Case No. 2014050077 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on June 23, 2014, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On July 28, 2014, this Board conducted a compliance hearing to determine whether the Board's order of June 23, 2014, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist overgrown grass and weeds in excess of 12 inches in height and an unmaintained swimming pool in the RS -6 Zoning District, which constitutes the use of the property in violation of Sections 973.03(1) and 403.12, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of July 25, 2014, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 356 18TH AV VERO BEACH Tax Parcel ID No. 33-39-14-00011-0002-00015.0 Legal Description: LOT 15, BLOCK B, INDIAN RIVER HEIGHTS SUB UNIT 3, PBI 6-49 beginning July 26, 2014. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED July 28, 2014, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. COUNTY ATTORNEY'S OFFICE C INDIAN RIVERCOUNTY 1801 27th Street Vero Beach, Florida 32960 209 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/2 1/25/23,4:27 PM BK: 2782 PG: 694 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this �_& day of 2014. CODE ENFORCEMENT BOARD OF # ' INDIAN RIVER COUNTY, FLORIDA kfi";1�3' ATTEST: . B F`+fit Reta Smith Frank M. Clements III, Chairman �, . ;y� ►�, Recording Secretary Indian River County Code EnforcemiAfj3" ai tt CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this � day of 2014. 101' �44k Ret Smith, Recording Secretary REVIEWED AS TO LEGAL FORM: Jeq6ifer D. Peshk B and Advising Aftorney CEB Case No. 2014050077 Code Officer: VANESSA CARTER SOLOMON STATE OF FLORIDA INDIAN RIVFR COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. BY: _ r)ATE: SECRETARY 9 CODE ENFORCEMENT BOARD REARING BOkRD https://ori. indian-river.org/search/index?theme=. blue&section=searchCritedaName&qu ickSearchSelection=# ��. , ,._,..,,. ,,.., r•.,.a..ie•.+.1'`t+A•+w+lae!••?"sM1it�il��� •;trvtts�y-�,S •Y_:- Y ...•[:. -I ti Ir I�ylars ji#Ze jnsuranoe (?orporattoa i. INDIVIDUAL IMBN To): E: This Warren Dead of DON S. JACKSON and ANGELA A. JACKSON, his wife Hereinafter called the Grantor, and PATRICK E. COLLINS and MARGARETE R. COLLINS, his wife Whose mailing address Is: -%:56 -/If_ Hereinafter called the Grantee, ' WITNESSETH, that the Grantor, for and in consideration of the sum of ten dollars (10.00) and other valuable considerations the receipt where- of Is hereby acknowledged has granted, bargained, and sold unw the Grantee, and Grantee's heirs or successors, rid assigns forever, all that certain paroal of lard in the County of Indian River and State of Floode tow1r- Lot 15, Block B. INDIAN RIVER HEIGHTS, UNIT 93, according to the plat thereof, as recorded in Plat book 6, page 49 of the public records of Indian River County, Fl ori da. Tax I.D. 914-33-39--00011-0002-00015.0 '7 / t / \"j f DM ST. - AML f � � 2 • s FFEDA WRK;iT. Cleric Of Cie# Can Irdan iiiver Caney - by and the Grantor does hereby warrant the title to said land, and will defend the #* lawful daims atoll parsons whorl , except taxes for year 1986 and subsequent years. ("Grantor and Grantee" are used herein for singular or plural, the singular shall Include il» pNa oL iBd afry:joIWr MIN include ail genders as context requims.) Signed and Delivered in our presence: (Wit.) G � -� (Wit.) __ (Wit.) Q - State of Florida Countyot Indian River 1 HEREBY CERTIFY, that on this �- d:y of and County aforesaid to take acknowtedgements, personallYvg:;poa DON S. JACKSON and ANGELA A. JACKSON, his wife 1 J i (SEALI t before me, an officer duly authorised in the State to raw known to be the person(s) described in and who executed the foregoing conveyance and acknowledged bacon aw that Ow. she, they) ttx- ocuted the srne. 'k ::..- PL- �ic. State . wITNE MY signature ted official al in the county and stab last atoresaki a %OnidO At Large L/may/ �/7 ,•, •: r.: �s;a� Eao,yis Dec. 29.1986 This instrument prepared by: LaMyers Title Insurance Corporation :�:,..:: fes• R. 0. Box 486 Vero BNCh., Florida 32960 Incident to the issuance of a title insurance contract. _ .:•`211 I wa-oaoo-o2oit ****RETURN TO LTIC**** 4869 5 •. i.. . , LTIC Ne.a-20 M.-.11-11141 _IIS/36iA ii 0 31 °i. •• wide . � ;C t DM ST. - AML f � � 2 • s FFEDA WRK;iT. Cleric Of Cie# Can Irdan iiiver Caney - by and the Grantor does hereby warrant the title to said land, and will defend the #* lawful daims atoll parsons whorl , except taxes for year 1986 and subsequent years. ("Grantor and Grantee" are used herein for singular or plural, the singular shall Include il» pNa oL iBd afry:joIWr MIN include ail genders as context requims.) Signed and Delivered in our presence: (Wit.) G � -� (Wit.) __ (Wit.) Q - State of Florida Countyot Indian River 1 HEREBY CERTIFY, that on this �- d:y of and County aforesaid to take acknowtedgements, personallYvg:;poa DON S. JACKSON and ANGELA A. JACKSON, his wife 1 J i (SEALI t before me, an officer duly authorised in the State to raw known to be the person(s) described in and who executed the foregoing conveyance and acknowledged bacon aw that Ow. she, they) ttx- ocuted the srne. 'k ::..- PL- �ic. State . wITNE MY signature ted official al in the county and stab last atoresaki a %OnidO At Large L/may/ �/7 ,•, •: r.: �s;a� Eao,yis Dec. 29.1986 This instrument prepared by: LaMyers Title Insurance Corporation :�:,..:: fes• R. 0. Box 486 Vero BNCh., Florida 32960 Incident to the issuance of a title insurance contract. _ .:•`211 I wa-oaoo-o2oit ****RETURN TO LTIC**** 4869 5 •. i.. . , LTIC Ne.a-20 M.-.11-11141 _IIS/36iA ii 0 31 February 7,2023 Foreclosure Cases 35618th Avenue, Vero Beach, FL History • An evidentiary hearing was held on June 23, 201.4 where the CEB held the Respondents in violation of the IRC Code for overgrown weeds and an unmaintained swimming pool. • On July 28, 2014 the CEB held a compliance hearing and found the respondents were not in compliance and issued an order imposing a fine of $10o per day. 35618th Avenue, Vero Beach, FL 1/13J2021 35618,hAvenue, 19 i 7U! ' C.3 V Vero Beach, FL History Continued • The property has not been brought into compliance and has a current fine amount of $. • The property is not a homestead property so the County has the ability to foreclose on the property. • There are no current foreclosures on the property at this time and no mortgage. There is one inferior lien for work done on the property recorded after the County's lien for code enforcement. Vero Beach, FL Im 35618'hAvenue, Vero Beach, FL ,a Ja n 19, 2023 3561�t1AVF 1' Vero I acl� FL9t'0 i Staff Request • Staff is requesting the Board of County Commissioners grant the County Attorney's Office in conjunction with outside counsel permission to move forward with foreclosure action on the code enforcement lien for case number 2014050077 pursuant to FL Statute 162.09(3). 95537thAve,Vero Beach, FL History • An evidentiary hearing was held on November 22, 2022., where the CEB held the respondents in violation of the IRC Code for overgrown weeds, junk trash and debris, pool enclosure violation, and an unmaintained swimming pool. • On January 24, 2022, the CEB held a compliance hearing and found the respondents were not in compliance and issued an order imposing a fine of $loo per day. 95537thAve,Vero Beach, FL History Continued • The property has not been brought into compliance and has a current fine amount of s_. • The property is not a homestead F1property so the County has the ability to on the property. • There does appear to be a prior mort age recorded therefore the County s lien is su6rdinate to the mortgqa e, however it does not stop the County rom seeking foreclosure. • There are currently no other foreclosure actions started on this property. 95537thAve,Vero Beach, FL 955 3 7t" Ave, Vero Beach, FL Staff Request s( = • Staff is requesting the Board of County Commissioners grant the County Attorney's Office in conjunction with outside counsel permission to move forward with foreclosure action on the code enforcement lien for case number 2021090105 pursuant to FL Statute 162.09(3) • • SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 24, 2023 To: Michael C. Zito, Interim County Administrator From: Sean E. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Order No. 11— Engineering and Permitting Services for the Leachate Treatment Project Descriptions and Conditions: On May 18, 2021, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 11 to Geosyntec Consultants, Inc. (Geosyntec) In the amount of $64,891.46. Geosyntec's authorized scope of work included general consulting/meeting support/project management, preparation of solid waste operations permit modification application, and Title V air operation permit revision application. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total project cost of $64,891.46. However, the final invoice includes a $250 permit fee paid by Geosyntec on behalf of SWDD. Therefore, the total work completed is $65,141.46 which includes the final project cost of $1,017.26 plus the $250 permit fee for a total final invoice of $1,267.26. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding in the amount of $1,017.26 for the permitting services for the Leachate Treatment Project is budgeted and available in the SWDD/Landfill/ Engineering Services account, number 41121734-033130. Funding in the amount of $250.00 for the Florida Department of Environmental Protection (FDEP) permit fee is budgeted and available in the SWDD/Landfill/Licenses and Permits account, number 41121734- 034970. Both of these accounts are funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $1,017.26 SWDD/Landfill/Licenses and Permits 41121734-034970 $250.00 SWDD Agenda - Final Pay to Geosyntec WO CCNA -2018 -WO No. 11 212 Page 1 of 2 • SWDD Item Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $1,267.26, which includes the $250.00 Florida Department of Environmental Protection permit fee paid by Geosyntec on behalf of SWDD. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. 213 SWDD Agenda - Final Pay to Geosyntec WO CCNA -2018 -WO No. 11 Page 2 of 2 Geospte& consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 Fa 904 858.1818 Fax 904.396.1143 www.goosyntec.com 19 December 2022 Subject: Project Management Report and Transmittal of Invoice No. 495140 IRC — Class I Landfill Leachate Evaporator Permitting Support Services Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) prepared this project management report to address the professional services for the Class I Landfill Leachate Evaporator Permitting Support Services project at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview • for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 27 November 2022. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL3551: Evaluation of Landfill Liquids Manaizement Options — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2018 Work Order No. 111 Budget Overview Invoice No. 495140 (enclosed) dated 15 December 2022 for $1,267.26 is the 14`h and final invoice for IRC Work Order No.I l and Geosyntec Project No. FL3551C. This invoice includes $250.00 permit fee beyond the approved lump sum budget. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $64,891.46 Invoiced Amount: $65,141.46 Remaining Budget $0.00 FL3 551 C -0I TU 551 C_JL22079 engineers I scientists I innovators 214 . Mr. Himanshu H. Mehta, P.E. 19 December 2022 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include correspondence with SWDD and FDEP, review of the final solid waste operations minor modification permit issued by FDEP, and project administration, including project management and invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($1,017.26) is associated with the items listed above. Other expenses are associated with communications fee are built into the lump sum amount above. • Permit fee of $250.00 paid to the FDEP for the solid waste permit modification application. ONGOING WORK 0 Geosyntec has completed the scope of work under this Work Order. Is RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.450-4259 Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Engineer Enclosure — Invoice No. 495140 FL3551C-0ITFL3551C JL22079 engineers I scientists I innovators 215 • • Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 3551C IRC — Class I Landfill Leachate Evaporator Permitting Support Services Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL3551C/CCNA2018- WORK ORDER No. 11 443719 08/12/2021 $8,117.50 446614 09/14/2021 $4,940.25 449351 10/11/2021 $9,602.25 453334 11/17/2021 $12,286.00 455058 12/8/2021 $12,291.00 459755 1/18/2022 $3,585.07 461829 2/11/2022 $1,946.63 464904 3/11/2022 $1,543.27 467614 4/8/2022 $2,441.42 475308 6/15/2022 $4,069.03 479144 7/19/2022 $1,017.26 484637 9/15/2022 $1,525.89 486231 10/3/2022 $508.63 495140 12/15/2022 $1,267.26 TOTAL $65,141.46 is FL3551C-01\FL3551C_JL22079 216 � Goosyntec° consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MENTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 495140 Project : FL3551 C Invoice Date : 12/15/2022 For Professional Services Rendered through transaction date: 11/27/2022 Project Name: CLASS I LANDFILL LEACHATE EVAPORATO IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904-450-4259 IRC CCNA 2018 WORK ORDER NO. 11 • 217 Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 01)GC/MEETINGS/PM 20,345.18 100.00 19,327.92 1,017.26 20,345.18 Previously Total Invoiced Phase Fee Complete Billed To Date 02) SW OPERATIONS PERMIT APPLICATIO 22,146.22 100.00 22,146.22 22,146.2 Previously Total Invoiced Phase Fee Complete Billed To Date 03) TITLE V AIR CONST PERMIT APPLIC 22,400.06 100.00 22,400.06 22,400.06 • 217 Total Contract Fee $64,891.46 Total % Complete To Date 100.00 % 0 Total Fee Earned To Date $64,891.46 Less Previous Billings $63,874.20 Permit Fee $250.00 Total This Invoice $1,267.26 **Amount Due this Invoice** $1,267.26 Statement Prior Billings $63,874.20 Project Budget $64,891.46 Current Invoice $1,267.26 Billed to Date $65,141.46 Billed To Date (Includes Retainage) $64,891.46 Contract Balance $0.00 Paid To Date $63,874.20 **Amount Due This Invoice** $1,267.26 Permit Fees were paid on behalf of SWDD (see attached backup) • 218