HomeMy WebLinkAbout08/29/2023ER
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BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, AUGUST 29, 2023 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator
Susan Adams, District 1, Vice Chairman William IC DeBraal, County Attorney
Joseph Flescher, District 2 Ryan L. Butler, 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
2.11. INVOCATION
Reverend Crystal Bujol, Gifford Youth Orchestra
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Proclamation Honoring Kevin Ivers-Osthus on his Retirement from Indian River
County Board of County Commissioners, Department of Utility Services
Attachments: Staff Report
7.B. SWDD Closures and Collection Service Changes for Labor Day
Attachments: Staff Report
August 29, 2023 Page 1 of 7
7.C. Florida Public Service Commission Consummating Order No.
PSC -2023 -0253 -TRF -EI, Petition for approval of revisions to underground
residential tariffs, underground commercial differential tariffs, and overhead to
underground conversion tariff for Florida Power & Light Company, is on file for
review in the Office of the Clerk to the Board.
7.D. Dismissal of Request to Amend Vacation Rental Fine Ordinance
Attachments: Staff Report
8. CONSENT AGENDA
8.A. Checks and Electronic Payments August 4, 2023 to August 10, 2023
Attachments: Comptroller Division Staff Report
8.B. Checks and Electronic Payments August 11, 2023 to August 17, 2023
Attachments: Comptroller Division Staff Report
8.C. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2023
Attachments: Comptroller Division Staff Report
8.D. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education
Program Trust Fund Report - Cumulative Reporting Through 06/30/23
Attachments: Comptroller Division Staff Report
S.E. Quarterly OPEB Trust Report for the Quarter Ending 06/30/2023
Attachments: Comptroller Division Staff Report
8.F. Quarterly Investment Report for the Quarter Ending 06/30/2023
Attachments: Comptroller Division Staff Report
8.G. County Capital Asset Inventories
Attachments: Comptroller Division Staff Report
8.H. Indian River County Grant Contract Subrecipient Awards
Attachments: Comptroller Division Staff Report
TCHSC Subrecipient Agreement 2023
8.I. First Extension and Amendment to Agreement for Real Estate Broker Services
(RFP #2021011)
Attachments: Staff Report
2021011 - First Extension and Amendment
8.J. Sole Source Designation
Attachments: Staff Report
August 29, 2023 Page 2 of 7
8.K. Approval of Agreement for Ambulance Billing and Coding Services with EMSIMC
Attachments: Staff Report
Agreement
8.L. Award of RFP 2023053 for Other Post Employment Benefits Actuary Services
Attachments: Staff Report
Agreement
8.M. Award of RFP 2023042 for Parks and Recreation Master Plan
Attachments: Staff Report
Sample Agreement
8.N. Amendment No. 1 to APTIM Work Order No. 2018006-14, Sector 3 Beach and
Dune Restoration Project (IRC1925) Post Construction Environmental Monitoring
Attachments: Staff Report
WO 2018006-14 Amendment No 1
WO 2018006-14 Amendment No 1 Execution
8.0. Approval of Agreement with Coastal Tech for Design and Permitting for Sector 4
Dune Restoration
Attachments: Staff Report
Agreement
Work Order #1
8.P. Award of Bid No. 2023052 Information Technology Security Upgrades (Clerk of
Courts), IRC -2206
Attachments: Staff Report
Sample Agreement
8.Q. Work Order No. 1, MBV Engineering, Inc. 11th Drive and 37th Street Intersection
Improvements, IRC -2001
Attachments: Staff Report
Work Order No. 1
8.R. Purchase of Mitigation Credits for IRC Public Shooting Range Sporting Clays
Course, IRC -1847
Attachments: Staff Report
Credit Reservation & Purchase Agreement
FDEP Permit
August 29, 2023 Page 3 of 7
8.S. Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.
2018029-12, Year 3 Post -Construction Engineering Monitoring Report
Attachments: Staff Report
Work Order
Agreement Execution
8.T. Award of Bid No. 2023049 Information Technology Office & Finance Office
Remodel, IRC -2004 & 2205
Attachments: Staff Report
Sample Agreement
S.U. Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No.
2018006-16, Year 1 Post -Construction Engineering Monitoring Report
Attachments: Staff Report
Work Order No 2018006-16
WO No 2018006-16 Agreement Execution
8.V. Memorandum of Agreement CBA 2022-2025 Article 18.07 Promotion of
Lieutenant Fire Inspector
Attachments: Staff Report
Fire Inspectors MOA
8.W. Memorandum of Agreement CBA 2022-2025 Article 33.07 Rescue Sergeant
Special Operations Incentive Pay
Attachments: Staff Report
MOA Rescue Sergeant
8.X. Renewal of a cost -share agreement with the St. Johns River Water Management
District for abandoned artesian well plugging
Attachments: Staff Report
SJRWMD cost -share agreement
8.Y. Public Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) for Intercounty Bus Service
Attachments: Staff Report
Grant Agreement
Authorizing Resolution
Grant Budget Form
August 29, 2023 Page 4 of 7
S.Z. Indian River County Library State Aid to Libraries Grants
Attachments: Staff Report
State Aid To Libraries Grant Agreement
Certification of Hours
Library System Annual Plan of Service 2023-2024
8.AA. Amendment to HUD Continuum of Care (CoC) Grant Agreements -
FL0116L4H092215 - HMIS Coordinated Entry and FL04181,41-1092210 - Data
Quality
Attachments: Staff Report
Amendment to FL0116L4H092215
Amendment to FL0418L4HO92210
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. Public Hearing to Consider an Ordinance Imposing an Additional Cent of
Tourist Development Taxes and Reallocating the Authorized Uses of Tourist
Development Tax Revenue (Legislative)
Attachments: Staff Report
Ordinance
B. PUBLIC DISCUSSION ITEMS
10.B.1. Public Discussion Request from J. Naclerio re: ECHB Hearing Board Fine
Attachments: Public Discussion Request J.Naclerio
ECHB Order
10.11.2. Public Discussion Request from Susan Mehiel, Alliance for Safe Trains re: Haz
Mat and Speed Trains Sharing Corridor
Attachments: Public Discussion Request S.Mehiel
C. PUBLIC NOTICE ITEMS
10.C.1. Public Notice of Public Hearing for September 12, 2023, to Consider a
Resolution Adopting a Non -Ad Valorem Special Assessment Roll on Hospitals
for the Local Provider Participation Fund
Attachments: Staff Report
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
August 29, 2023 Page 5 of 7
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Joseph H. Earman, Chairman
14.A.1. Use of the BOCC Chambers
Attachments: Commissioner's Memo
14.A.2. Letter of Support for IRC Military Officers Association
Attachments: Commissioner's Memo
LTR to Director Price 08-22-23
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Deryl Loar
E. Commissioner Laura Moss
14.E.1. Children's Services Advisory Committee (CSAC)
Attachments: Commissioner's Memorandum
CSAC 2023-2024 Approved Program Funding
Priorities
Funding History
School District and Hospital District Millage Rates
Ordinance 2022-007
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.B.1. Approval of the Solid Waste Disposal District Meeting Minutes of May 16,
2023
August 29, 2023 Page 6 of 7
15.B.2. Approval of Interlocal Agreement with the Town of Indian River Shores
Attachments: Staff Report
Interlocal Agreement
15.B.3. Amendment No. 1 to Work Order No. 19 to Geosyntec for Annual Permit,
Compliance Monitoring, and Reporting for 2023
Attachments: Staff Report
Amendment No 1 to Work Order 19
15.B.4. Lease of SWDD Property to Halley Engineering Contractors, Inc. for the Oslo
Widening and I-95 Interchange Project
Attachments: Staff Report
Letter of Interest to Lease Property
C. Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6. 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 S: 00 p.m.
August 29, 2023 Page 7 of 7
PROCLAMATION
HONORING KEVIN N. IVERS-OSTHUS ON HIS RETIREMENT FROM
INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF UTILITY SER VICES/GENERAL AND ENGINEERING
DIVISION
WHEREAS, Kevin Osthus retired from Indian River County, Department of Utility
Services, General and Engineering Division effective September 7, 2023; and
WHEREAS, Kevin Osthus began his career with Indian River County on February 20,
1995, as a GIS Analyst H in the Department of Utility Services/General and
Engineering division. He was then promoted to GIS Coordinator on January 18, 2002,
where he continued in that capacity until his retirement; and
WHEREAS, Kevin Osthus has served this County and the Public with distinction and
selflessness. During his 28 1/2 years of service, he was dedicated, and his work was
greatly appreciated by the employer, citizens, and co-workers alike; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Kevin Osthus' efforts on behalf of the County, and the Board wishes to
express their appreciation for the dedicated service he has given to Indian River
Countyfor the last 281/2 years, and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff
extend heartfelt wishes for success in his future endeavors!
Adopted this 29th day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph H. Earman, Chairman
1
Informational Item
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: August 8, 2023
To: The Solid Waste Disposal District Board of County Commissioners
Through: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Jill Brown, Recycling Specialist, SWDD
Sue Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: Solid Waste Disposal District Closures and Collection Service Changes for Labor Day
Recommendation:
In observance of Labor Day on Monday, September 4, 2023, the Main County Landfill and the five
Customer Convenience Centers will be closed. In addition, there will be no residential curbside services
for recycling, garbage or yard waste on that day. The chart below provides information regarding
collection services in unincorporated county and the municipalities. Residents may visit the Indian River
County website at: www.indianriver.gov for more information.
Unincorporated IRC Garbage services will beshiftadb oneda. _
Mon. customers will be sere
Tues. customers will
City of Fellsmere will co
friday custom
I) you have questions
City of Sebas tIa please call Waste
If you are a Monday customer, your garbage will be
City of Vero Beach serviced on your next scheduled service day.
If you have questions regarding your service schedule,
please call the City of V8 Solid Waste Division at 978-5300.
r
if you are a Monday customer, your garbage will be serviced on
your next scheduled service day.
Indian River Shores If you have questions regarding yourservice schedule,
a.
please col/ Republic Services at562-6620.
No changes to garbage services.
If you have any questions regarding yourservice schedule, please
call the Waste Pro of 595-9390.
2
■
FIL E- lb
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of revisions to DOCKET NO. 20230045 -El
underground residential tariff, underground ORDER NO. PSC -2023 -0253 -'IRF -EI
commercial differential tariff, and overhead to ISSUED: August 21, 2023
underground conversion tariff, by Florida
Power & Light Company.
The following Commissioners participated in the disposition of this matter:
ANDREW GUM FAY, Chairman
ART GRAHAM
GARY F. CLARK
MIKE LA ROSA
GABRIELLA PASSIDOMO
ORDER APPROVING REVISIONS TO 1NDERGR4_UNI)
RESIDENTIAL TARIFFS. UNDERGROUND COMMERCIAL
DIFFERENTIAL TARIFFS, AND OVERHEAD TO UNDERGROUND
CONVERSION TARIFF FOR FLORIDA POWER & LIGHT COMPANY
BY THE COMMISSION:
On March 31, 2023, Florida Power & Light Company (FPL or utility) filed a petition for
approval of revisions to its underground residential differential (URD) and underground
commercial differential (UCD) tariffs. The URD and UCD tarts apply to new residential and
conanercial developments and represent the additional costs, if any, FPL incurs to provide
underground distribution service in. place of overhead service. FPL is also requesting approval of
revisions to its overhead to underground conversion tariff and associated underground facilities
conversion agreement.
Based on current costs, including the net present value of long term operational costs,
FPL does not incur any additional costs to provide residential underground service; therefore, the
proposed URD differentials are $0. The proposed (legislative version) URD and UCD tariffs are
contained in Attachment A to this order. The proposed revisions to FPL's overhead to
underground conversion tariff and associated underground facilities conversion agreement are
also contained in Attachment A to this order. FPL's current URD and UCD tariffs were approved
by Order No. FSC -2019 -0360 -TRF -EI (2019 Order).!
'Order No. PSC -201.9 -0360 -TRF -El, issued August 26, 2019, in Docket No. 20190081 -EI, In re. Petition for
approval of 20.1.9 revisions to underground residential and commercial differential tariffs, by Florida Power &
Light CompanA
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 2
FPL was granted a temporary waiver to defer its next revised URD tariff filing until April
1, 2023, by Order Nos. PSC -2022 -0062 -PAA -EI and PSC-2022-0191-FOF-EI.Z We granted the
temporary waiver to allow FPL to defer its URD filing from April 2022 to April 2023 to use
combined FPL and Gulf Power Company (Gulf) operational cost data resulting from the merger
between FPL and Gulf.
We suspended FPL's proposed tariffs by Order No. PSC-2023-0159-PCO-EI.3 FPL
responded to Commission staff's first data request on May 25, 2023. We have jurisdiction over
this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.).
Decision
I. URD Tariffs
The URD tariffs provide standard charges for underground service in new residential
subdivisions and represent the additional costs, if any, the utility incurs to provide underground
service in place of overhead service. The cost of standard overhead construction is recovered
through base rates from all ratepayers. In lieu of overhead construction, customers have the
option of requesting underground facilities. Typically, the developer of a new residential
subdivision would be the utility customer utilizing the URD tariffs. FPL's proposed URD tariffs
are provided on pages 1 through 7 of Attachment A to this order.
Traditionally, three standard model subdivision designs have been the basis upon which
each investor-owned utility submits URD tariff changes for our approval: low density, high
density, and a high density subdivision where dwelling units take service at ganged meter
pedestals (groups of meters at the same physical location). Examples of this last subdivision type
include mobile home and recreational vehicle parks. While actual construction may differ from
the model subdivisions, the model subdivisions are designed to reflect average overhead and
underground subdivisions.
In its petition, the utility updated its cost calculations and supporting documentation for
the three subdivision models cost differentials. The currently approved cost differentials are
$0.00 for all three subdivision models. As shown on Table 1, FPL's proposed URD differential
charges remain zero for all three subdivision models. A zero URD differential charge is typically
the result of the avoided storm restoration costs associated with underground facilities, offsetting
any higher labor and material costs associated with underground construction.
20rder No. PSC -2022 -0062 -PAA -EI, issued February 17, 2022, and Order No. PSC-2022-0191-FOF-EI, issued May
23, 2022, in Docket No. 20220012 -EI, In re: Petition for temporary waiver of Rule 25-6.078(3), F.A.C., by Florida
Power & Light Company.
30rder No. PSC -2023 -0159 -PCO -EI, issued May 15, 2023, in Docket No. 20230045 -EI, In re. Petition for approval r
of revisions to underground residential tariff, underground commercial differential tariff; and overhead to �
underground conversion tariff, by Florida Power & Light Company.
a -a
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 3
Table 1
Comparison of Differential per Service Lateral
Types of Subdivision
Current URD Differential
Proposed URD Differential
Low Density
$0
$0
High Density
$0
$0
Meter Pedestal
$0
$0
Source: 2019 Order and FPL's 2023 filing.
Two primary factors impacted the calculation of FPL's proposed URD charges which are
discussed in greater detail below: (1) updated labor and material costs and (2) updated
operational costs.
A. Updated Labor and Material Costs
The installation costs of both underground and overhead facilities include the labor and
material costs to provide primary, secondary, and service distribution lines as well as
transformers. The costs of poles are specific to overhead service while the costs of trenching and
backfilling are specific to underground service. Table 2 compares the currently approved 2019
costs and 2023 costs for underground and overhead labor and material for the three subdivision
models.
Table 2
Labor and Material Costs
Low Density
2019 Costs
2023 Costs
Difference
Underground
$2,558.39
$3,452.54
$894.15
Labor/Material Costs
Overhead
$2,347.86
$2,543.92
$196.06
Labor/Material Costs
Per Service Lateral
$210.53
$908.62
$698.09
Differential
High Density
Underground
$1,767.54
$2,317.97
$550.43
Labor/Material Costs
Overhead
$1,773.71
$1,921.50
$147.79
Labor/Material Costs
Per Service Lateral
($6.17)
$396.47
$402.64
Differential
Meter Pedestal
Underground
$1,125.49
$1,485.47
$359.98
Labor/Material Costs
Overhead
$1,397.83
$1,533.74
$135.91
Labor/Material Costs
Per Service Lateral
($272.34)
($48.27)
$224.07
Differential
Source: 2019 Order and FPL's 2023 filing.
a-3
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 4
While both overhead and underground labor and material costs increased, underground costs
increased at a higher rate, resulting in an increase in the differential. In response to staff's data
request the utility explained that the higher overhead and underground construction costs are
primarily driven by increased material costs.
B. Undated Operational Costs
Rule 25-6.078(4), Florida Administrative Code (F.A.C.), provides that the differences in
net present value of operational costs between overhead and underground systems, including
average historical storm restoration costs over the life of the facilities, be included in the URD
charge. Operational costs include operations and maintenance costs and capital costs. The
inclusion of the operational costs is intended to capture longer term costs and benefits of
undergrounding. In response to Commission star's data request, FPL stated that the current
URD petition incorporates costs from hurricane events Ian and Nicole. FPL's methodology to
calculate the operational costs was approved by Order No. PSC -08 -0774 -TRF -EI and remains
the same in the instant docket 4
Table 3 presents the pre -operational (shown in Table 2), non -storm operational, and the
avoided storm restoration cost differentials between overhead and underground systems. The
proposed differential is $0 when the calculation results in a negative number.
Table 3
Components of the URD Charges
Type of
Subdivision
Pre -Operational
Costs (A)
Non -Storm
Operational
Costs_(A)+(B)+(C)
Avoided Storm
Costs (C)
Proposed URD
Differentials
Low Density
$908.62
$2,208
($1,387)
$0
High Density
$396.47
$1,878
$1,388
$0
Meter Pedestal
$0.00
$1,878
$1,388
$0
Source: FPL's 2023 filing.
C. Conclusion
We have reviewed FPL's proposed changes to its URD tariffs and associated charges, the
accompanying work papers, and responses to Commission stasis data request. We find that
FPL's proposed URD tariffs and associated charges as filed in the petition are cost -based and
approve the tariffs shown in Attachment A to this order. The tariffs shall be effective' August 31,
2023.
40rder No. PSC -08 -0774 -TRF -EI, issued November 24, 2008, in Docket No. 20070231 -EI, In re: Petition for
approval of 2007 revisions to underground residential and commercial distribution tariff, by Florida Power & Light
Company.
i
a��
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 5
II. UCD Tariffs
Utilities are not required to file UCD tariffs pursuant to Rule 25-6.078, F.A.C.; however,
as in prior URD petitions, FPL included proposed UCD tariffs in its petition. The UCD tariffs
apply to small commercial or industrial customers (applicant) that request the installation of
underground electric distribution facilities for a new building. The requested underground
distribution facilities consist of underground service conductors, placed in conduit, and
associated equipment that is installed from overhead feeder mains (or overhead termination
point) to the designed point of delivery (where the utility's wires are connected to those of the
customer). FPL's proposed UCD tariffs are provided on pages 8 through 10 of Attachment A to
this order.
The UCD charges represent the differential costs for underground commercial facilities
and their equivalent overhead design. The calculations provided by FPL in its petition employ
FPL's standard engineering design criteria and are based on actual 2022 labor and material costs.
Unlike the URD calculations, the UCD calculations do not include long term operational and
avoided storm restoration costs. In addition, the UCD tariffs provide credits that apply if the
applicant provides trenching, backfilling, or installs FPL provided conduit or a concrete pad for a
pad -mounted transformer.
We have reviewed FPL's supporting documentation for the UCD charges and find that
the charges are cost based and reasonable. The UCD tariffs and associated charges shall be
approved, effective August 31, 2023.
III. Revisions to Tariff Sheet Nos. 6.300 and 9.722
Tariff Sheet No. 6.300 provides the terms under which applicants are to pay a
contribution -in -aid -of -construction (CIAC) for the conversion of existing overhead distribution
facilities to underground. The CIAC is intended to cover the incremental costs FPL incurs
resulting from a conversion, over and above the cost of serving the conversion area with
overhead facilities. Typically, municipalities request a conversion from overhead to underground
facilities. The formula to calculate CIAC is defined in Rule 25-6.115(8), F.A.C., and in FPL's
Tariff Section 12.1 of Sheet No. 6.300. FPL's proposed revisions to Tariff Sheet Nos. 6.300 and
9.722 are provided on pages 11 and 12 of Attachment A to this order.
Rule 25-6.115(12), F.A.C., allows a utility to waive all or any portion of the cost for
providing underground facilities. If the utility waives any charge, the utility is required to reduce
net plant in service unless we determine that there is a quantifiable benefit to the general body of
ratepayers commensurate with the waived charge.
By Order No. PSC -2018 -0050 -TRF -EI, we approved FPL's revised Tariff Sheet No.
6.300 to exclude the cost of the existing facilities from the CIAC calculation for underground
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 6
conversions of existing non -hardened overhead feeder facilities and to include the waived
existing facilities cost in net plant in service pursuant to Rule 25-6.115, F.A.C.S
In this filing, FPL seeks to revise Tariff Sheet No. 6.300 to clarify that the costs for all
existing non -storm hardened distribution facilities costs, which include both feeders and laterals,
from the calculation of CIRC. The current tariff, as approved in Order No. PSC -2018 -0050 -TRF -
EI, only refers to feeders. FPL further requests that we determine that there are quantifiable
benefits to excluding the existing costs for all non -hardened overhead distribution facilities, i.e.,
both feeders and laterals.
FPL also proposes to modify existing language and include additional language to its
Underground Facilities Conversion Agreement, on Tariff Sheet No. 9.722. The proposed tariff
modifications state that all facilities within the project must be converted to underground. In its
petition, FPL stated that the proposed revisions are not a substantive change, but rather intended
to clarify the scope of the underground conversion project and avoid or reduce customer
confusion.
A. Storm Protection Plan and Cost Recovery
In February 2020, Rules 25-6.030, F.A.C., Storm Protection Plan (SPP), and 25-6.031,
F.A.C., Storm Protection Plan Cost Recovery Clause (SPP Clause), were codified to implement
Section 366.96, F.S. The SPPs cover the immediate 10 year planning period and are filed with us
at least every three years. The plans must explain the systematic approach the utility will follow
to achieve the objectives of reducing restoration costs and outage times associated with extreme
weather events and enhancing reliability. The SPP Clause allows the utility to seek recovery
from the general body of ratepayers for prudently incurred SPP costs through an annual
proceeding. On April 11, 2022, FPL filed its proposed SPP for the period 2023-2032 for our
approval, which was approved with modification by Order No. PSC-2022-0389-FOF-EI.6
B. Benefits to the General Body of RatepUers
Order No. PSC -2018 -0050 -TRF -EI lists the benefits FPL provided to support excluding
existing facilities costs from the calculation of CIAC for underground conversions of the existing
non -hardened overhead facilities, that otherwise would be subject to hardening. In the instant
petition, FPL listed similar benefits to the general body of ratepayers that the proposed revision
to Tariff Sheet No. 6.300 would provide. First, FPL affirmed that the general body of ratepayers
would pay no additional costs for the undergrounding conversions as the costs would have been
included as a part of FPL's SPP to harden all overhead distribution facilities; Further, FPL
asserted that due to the converting customer accelerating the timeline of whm FPL would have
hardened the facilities, the general body of ratepayers would receive the benefits of such
50rder No. PSC -2018 -0050 -TRF -EI, issued January 22, 2018, in Docket No. 20170148 -EI, In re: Petition for
determination under Rule 25-6.115, F.A.C., and approval of associated revised tariff sheet 6.300, by Florida Power
& Light Company.
"Order No. PSC-2022-0389-FOF-EI, issued November 10, 2022, in Docket No. 20220051 -EI, In re. Review of
Storm Protection Plan, pursuant to Rule 25-6.030, F.A.C., Florida Power & Light Company.
LF
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 7
hardening sooner. FPL stated that even in instances where facilities would have been kept
overhead but hardened according to its SPP, undergrounding provides greater storm resiliency
and day-to-day reliability, which benefits all customers. Additionally, voluntary underground
conversions would help to mitigate the need for storm restoration work in the converted area and
thus result in those resources being utilized elsewhere. Finally, FPL asserted that the proposed
revision to Tariff Sheet No. 6.300 could fiurther incentivize customers to voluntarily pay for the
conversion of non -hardened facilities and this would reduce the number of hardening projects
that the general body of customers would pay for through the SPP Clause. A similar tariff was
approved for Duke Energy Florida, LLC, in 2022
C. Conclusion
We approve FPL's revisions to Tariff Sheet Nos. 6.300 and 9.722, effective August 31,
2023. Furthermore, we approve of FPL's request to include the waived existing facilities cost for
all non -hardened overhead distribution facilities in net plant in service.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Florida Power & Light
Company's proposed URD tariffs and associated charges as shown in Attachment A to this order
shall be approved, effective August 31, 2023. It is further
ORDERED that FPL's proposed UCD tariffs and associated charges as shown in
Attachment A to this order shall be approved, effective August 31, 2023. It is further
ORDERED that FPL's revisions to Tariff Sheet Nos. 6.300 and 9.722 as shown in
Attachment A to this order shall be approved, effective August 31, 2023. Furthermore, FPL's
request to include the waived existing facilities cost for all non -hardened overhead distribution
facilities in net plant in service shall be approved. It is further
ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff
shall remain in effect with any charges held subject to refund pending resolution of the protest.
It is further
ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance
of a Consummating Order.
'Order No. PSC -2022 -0336 -TRF -EI, issued September 28, 2022, in Docket No. 20220089 -EI, In re. Petition for
approval of modifications to rate schedule tariff sheet No. 4.122 and determination under Rule 25-6.113(12),
F.A. C., by Duke Energy Florida, LLC.
finbbo& A, 97 of 4 dt
PWA" V* *ft 3
m
2
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 9
"Ito.
Attachment A
Page 1 of 12
ai twA"Wpt of servimbyj*;girl f, iii Ift Isc i ilifis dwIlWhe
t11�10!!'Y1�1 1;tgLLiCdgt� OE 'ti 1t�i aFgWWAnAWIm4sabjo*,
to sec4ian 4 Ceattpxny, of fealiDR 1 — e
General lWbMid Wws, the Cu*mW / b" harvaim ad ytewtHWIMMIWAW
� ► and orub* itt Q00lpli0 vKith the ----
i Custuin�twlNi7a(etialtfiil
e) TUAppftcantshall bebW laic[AdseWaserviceuseduntiltheaccountisestablishedinthe
succeeding occupant's rare.
This credit applies only when FM installs the service - it does not apply when the applicant installs the service
conduits, orthc service conduits and cable.
: ?
Location of DistributionFacilities
Underground distribution facilities will he located, ll64aftiW 6p d* 000M 10 fti
for maintenance and operation. The Applicant 4*11 per; , 6or meta
dwelling unit or its appurtenances limits perpetual ac ct reading , or mak* nece ,*paiib 06d
adjusunents.
based on
shallbe detetmiraxl by the C ompan'1i1,+-At a point cteliv�rent from
that d 17�F.*vo „ is req%W by 1f�- k' ant shall;
Issucut hy: Tafo-mk f'.oltaa. , �; � h�}atnr I��rir;r
�„7ete�ottntrnt ��-,,,,5(t.,j prat
% e live�j�� Appendix 1.1, Page 1 of 7
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 10
Attachment A
Page 2 of 12
sheet No.
1,1111,11poo'! m M-1
Wlten rmitzMad by the AMcutt, the. Cauppy will provide Luxleturmax! deciric distubutton fucilifies, other a= AN miltiple
ffipaup"y buildings, in wcordzu practices; in:
Recoomd now msidenfial gal III I I - I I
T**'qA'Md WWWW1
10.3.E i{liii
Iho CouIFXMY Is **Ik lAme residential wideWround (fistribution vxviw
b aved on 0 w mmker of sc rvi w IatcraIsregtiiredor the MmilberotdW&OW wits, as tbflows:
Ap0jewirs
ribtttlon
1. Where, density is 6.0 or more dwelling wits per acre;
I :I Buildings thw do not exceed four units, S 0.00
towuhmms, and mobile horm – per service latentl.
1.2 M(Aileltonwtiavi*Cu*nner-owiwdservices ti(.wtimeter
center institilod adjacent to the rPL primary trench route
- per dwelling Unit S OM
2. VAimdetWtyis0,5orgmterbutlm&mid.0d%,elhngurits
per aces:
Buildings that do not exceed four units, towfthouses, and rnobile
hanws – persemice lateral S 0,00
3, Where the density is lcsiAan().5 d"Ifing nrtiL5 per acre, or the fAgtribution System is ot'non-swidwddenim
individmi cost*,MuWcsMU be twA to detennine lite diflettattial cost as jxmfjod in IWWruoi MIA
AddidcwI4b&W*qodWin?weVVIvq 10.2. 10 and 10,111 may also apply.
18 The obove cost-, ve based upon mmnsements that
sObdivisiontiornoverlmdfeeder mants Iffeeder.,_':*
Wwor maintain ade(Vale service and are reqttitadAy, Mo 40 aus
Awlicaut shall pay theC='Y the aver ja 406"'4*4008ot
O-Iimtedr)n 'q-q1'4id*
AmWMdML
53
12
UA
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 11
Attachment A
Page 3 of 12
FLORIDA POWER & LIGHT COMPANY C`.nncels=lasi�tgL�Ih�fi4' rahlteri�ctlShy.
(Continued from Sheet, No, 6.100)
VWwe p riunary' pis are needed to cross open areas such as golf courses, parks, other recreatim areasand``
meter rcttstticxti the Applicant shall pay the average differential costs far these fac litiesas ftr111ows:
C V1#rhnary lateral trench within the W)division
'!tea per foot SaAkal
2� Twa PI -Ase - per foot $4-:I4RR, F ,
) Three Phase - Ver foot ��
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 12
Attachment A
Page 4 of 12
ORDER NO. PSC -2023 -0253 -TRF -EI Attachment A
DOCKET NO. 20230045 -El Page 5 of 12
PAGE 13
3trtk ttv I�xebth Revised Street Ivo. 6.120
Cancels Thirty *;i*&Thtrty, eventh Revised 5lieet. No. 6.120
i
E 1 ATIRRAI SMOM
iTOitifSM
0I.
lei Lab tLo . .
s)Tiv A rsI ccrdwt'cm ttrheac servlcc xnd nn
Applic"Mes
Contr ibutian
Duildings that*
townhouses, and 'mohile}'
sl per scn•ice lateral (include*o"", Aw0 11
-
b)pe urytou lateral (frattt;:Gt f 4tK -
: MA
A&=antETil 31ney also app
4% Under$=nd servica or sec ndan,
d l VOW, vill<be subject to ad t bona] ditI rential costs as
Credit will be allowed to the Applic t -1 1.0.4.2 where, by rautwil agreement, the Applicant
provides trenches and backfilling for the e'credit is -
ft
;. ifrctivr:.1�{Hoar+;w,t�2is2i:'
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 14
Attachment A
Page 6 of 12
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -El
PAGE 15
�77M
Attachment A
Page 7 of 12
10152. Monow of Sery
7% A�iicant shall be � Loc � A144�ei � bilis �' C service entrance CaCtlif as'to
emmttndate the proposed i et Yirld.itt Ste0MMmft specifications
10,5.3. TEgnchjLiZHnqCj2jjdWtjjj2WJjUjM
The Applicant shall also provide, st 100,;*. to the Company, a suitable trench, perform the backfilling and any
landscape, pavement or other similar repairs and install Company provided conduit according to Company specifications.
When requested by the Applicant and apfined by the Company, the Company may supply the trench and conduit
and the Applicant shall pay for this work based on a spccifsc cast estimate. Should paving, grass, landscaping or
sprinkler systems need repair or replacement during construction. the Applicant shall be retponsibie for restoring the
paving. grass, landscaping or sprinkler system s to the original cotu�
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 16
Attachment A
Page 8 of 12
�Ippbtoif('�il�� -
App*rMix 2.1;,Page 1 of 3
a-Itp
nwApotant.4wff pay he d sth
"ties es basad on dw Pallowir ,:
4j. Pdmuy UW4 *a (if from overhead temrrnation point}, pad mounted nansfonner and tr=lt with cable -in-
w feet In radials and 300 feet *
$�,hnfftbtttion
From i'm tlrrdcrsrcxmd
Yt=ion
SO.t}9
0" QO
WOO $0.00
10, : oko
.
�p1A4fiaiai
30.04
It wo IVucluciing handhole en
junction bots. wA, 4
I* sx vwiy fiw pales:
�Ippbtoif('�il�� -
App*rMix 2.1;,Page 1 of 3
a-Itp
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 17
Attachment A
Page 9 of 12
1 4-
jtor�fiinued on Shoet 6.540}:>
ORDER NO. PSC -2023 -0253 -TRF -El
DOCKET NO. 20230045 -EI
PAGE 18
Attachment A
Page 10 of 12
Ai ,` parryyxisvidazf a par Com *0*1
AppWft$jj; Page 3 of 3
ORDER NO. PSC -2023 -0253 -TRF -EI Attachment A
DOCKET NO. 20230045 -El Page 11 of 12
PAGE 19
���� � � eKpty gad M3? �, sznRce tiro, tr�vice laterals.
omirk illi # ibr ll a pt11l aEufiliz ation a iAmp.
SERVICE crl crtcs . iLa teeth oC , bm4 ug tt� di�� � in clwm* ww mit WA � at $ g ole or
other structure or fr m =�11 a* mt At4mrawmAD Ile sexi xGc
entranoec snductorsat$*e hhe d, r �rlpeif 00. lb, ;ff�rle 4lr� raA Ili ti e•
tirnrerl at+
Appendix 3A, Page 11 of 1
ORDER NO. PSC -2023 -0253 -TRF -EI
DOCKET NO. 20230045 -EI
PAGE 20
V.
Attachment A
Page 12 of 12
U4WntMMVnIE9E0F, H'E'Y. 9nd the A hcarrtrt hav
G ANT XM,
TWO't
Sited
Name.
a-
T . Of ,,
4t
r "`INDIAN
William K. DeBraal, County Attorney
Susan J. Prado, Deputy County Attorney
MEMORANDUM
TO: Board of County Commissioners
ZD
Informational Report 8/29/2023
RIVER COUNTY
THROUGH: John Titkanich, Jr., County Administrator
FROM: Susan J. Prado, Deputy County Attorney
DATE: August 22, 2023
ATTORNEY
SUBJECT: Dismissal of Request to Amend Vacation Rental Fine Ordinance
NOTICE:
Pursuant to the Board of County Commissioner's decision on Tuesday, August 15, 2023 to no
longer move forward with amendment of the vacation rental fine ordinance. This public hearing is
hereby cancelled.
Ki
ME
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
439644
08/04/2023
CALIFORNIA STATE DISBURSEMENT UNIT
305.19
439645
08/04/2023
AMERITAS
34,484.88
439646
08/04/2023
AMERITAS
505.24
439647
08/04/2023
COMMONWEALTH OF MASSACHUSETTS
154.00
439648
08/04/2023
NORTH DAKOTA CHILD SUPPORT
228.47
439649
08/10/2023
AT&T WIRELESS
217.01
439650
08/10/2023
AT&T WIRELESS
821.20
439651
08/10/2023
CLERK OF CIRCUIT COURT
27.00
439652
08/10/2023
CITY OF VERO BEACH
150.00
439653
08/10/2023
AT&T CORP
1,266.78
439654
08/10/2023
IRC CHAMBER OF COMMERCE
725.68
439655
08/10/2023
FLORIDA POWER AND LIGHT
4,317.11
439656
08/10/2023
FLORIDA POWER AND LIGHT
3,659.98
439657
08/10/2023
STATE ATTORNEY
11,803.19
439658
08/10/2023
HUCKLEBERRY NOTARY BONDING INC
129.04
439659
08/10/2023
CELICO PARTNERSHIP
6,506.14
439660
08/10/2023
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
7,322.86
439661
08/10/2023
DALE SORENSEN REAL ESTATE
500.00
439662
08/10/2023
NAPIER & ROLLIN PLLC
622.50
439663
08/10/2023
PATRIOT PRODUCTIONS LLC
500.00
439664
08/10/2023
CANARX GROUP INC
6,175.70
439665
08/10/2023
CHANGE HEALTHCARE LLC
39,422.56
439666
08/10/2023
LOWES COMPANIES INC
229.74
439667
08/10/2023
TREASURE COAST SWIMMING
1,500.00
439668
08/10/2023
LAURA DOYLE
110.68
439669
08/10/2023
UTIL REFUNDS
18.34
439670
08/10/2023
UTIL REFUNDS
20.20
439671
08/10/2023
UTIL REFUNDS
73.44
439672
08/10/2023
UTIL REFUNDS
136.89
439673
08/10/2023
UTIL REFUNDS
63.36
439674
08/10/2023
UTIL REFUNDS
39.25
439675
08/10/2023
FLORIDA WATER & POLLUTION CONTROL
325.00
439676
08/10/2023
FLORIDA RECREATION & PARK ASSOC INC
180.00
439677
08/10/2023
WORKERS COMPENSATION INSTITUTE
435.00
439678
08/10/2023
WILLIAM K DEBRAAL
69.18
439679
08/10/2023
BRIAN FREEMAN
94.42
439680
08/10/2023
DAVID SCHRYVER
102.52
439681
08/10/2023
DYLAN REINGOLD
133.24
439682
08/10/2023
RACE TO SAFETY TRAINING LLC
450.00
439683
08/10/2023
JAMES MANN
106.65
439684
08/10/2023
SUSAN PRADO
30.00
439685
08/10/2023
KATHY COPELAND
229.09
439686
08/10/2023
ERIN SAWYER
124.00
439687
08/10/2023
AMERICAN ANIMAL CRUELTY INVESTIGATIONS SCH( 550.00
439688
08/10/2023
COMMUNICATIONS INTERNATIONAL
29,962.11
439689
08/10/2023
BARTH CONSTRUCTION INC
41,371.66
439690
08/10/2023
EDLUND DRITENBAS BINKLEY ARCHITECTS
31,299.06
439691
08/10/2023
INTERNATIONAL GOLF MAINTENANCE INC
990.00
439692
08/10/2023
GEOSYNTEC CONSULTANTS INC
22,255.50
439693
08/10/2023
WASTE MANAGEMENT INC
441,432.27
439694
08/10/2023
KRAUS ASSOCIATES INC
23,475.00
439695
08/10/2023
CATHEDRAL CORPORATION
17,700.00
439696
08/10/2023
PROCTOR CONSTRUCTION COMPANY LLC
33,401.10
439697
08/10/2023
COMMANDLINK LLC
3,460.80
439698
08/10/2023
WEX HEALTH INC
11,764.60
439699
08/10/2023
BECKER & POLIAKOFF PA
2,500.00
439700
08/10/2023
STURGIS LUMBER & PLYWOOD CO
123.64
439701
08/10/2023
COMMUNICATIONS INTERNATIONAL
11,433.68
k
TRANS N 9R
DATE
VENDOR
AMOUNT
439702
08/10/2023
SSES INC
651.60
439703
08/10/2023
RANGER CONSTRUCTION IND INC
539.44
439704
08/10/2023
VERO CHEMICAL DISTRIBUTORS INC
2,159.87
439705
08/10/2023
HENRY SCHEIN INC
823.20
439706
08/10/2023
INDIAN RIVER BATTERY
779.35
439707
08/10/2023
GRAINGER
80.86
439708
08/10/2023
KELLY TRACTOR CO
315,501.00
439709
08/10/2023
WILD LAND ENTERPRISES INC
20.80
439710
08/10/2023
TIRESOLES OF BROWARD INC
1,052.00
439711
08/10/2023
EDLUND DRITENBAS BINKLEY ARCHITECTS
10,281.25
439712
08/10/2023
CHILDCARE RESOURCES OF IRC INC
25,442.06
439713
08/10/2023
UTILITY SERVICE CO INC
2,000.00
439714
08/10/2023
FATHER & SONS CARPET LLC
9,806.13
439715
08/10/2023
BAKER DISTRIBUTING CO LLC
173.40
439716
08/10/2023
SUNSHINE REHABILATION CENTER OF IRC INC
1,485.00
439717
08/10/2023
BOYS & GIRLS CLUB OF INDIAN
10,000.00
439718
08/10/2023
CLERK OF CIRCUIT COURT
1,041.50
439719
08/10/2023
CITY OF VERO BEACH
1,203.59
439720
08/10/2023
HOME DEPOT USA INC
121.14
439721
08/10/2023
LIVINGSTON PAGE
635.00
439722
08/10/2023
JANITORIAL DEPOT OF AMERICA INC
207.26
439723
08/10/2023
PUBLIX SUPERMARKETS
25.37
439724
08/10/2023
FLORIDA DEPT OF AGRICULTURE AND
350.00
439725
08/10/2023
FEDERAL EXPRESS CORP
19.53
439726
08/10/2023
CENTRAL A/C & REFRIGERATION SUPPLY INC
102.68
439727
08/10/2023
INFORMATION TODAY INC
689.53
439728
08/10/2023
COMO OIL COMPANY OF FLORIDA
431.03
439729
08/10/2023
FLORIDA POWER AND LIGHT
62,032.44
439730
08/10/2023
FLORIDA POWER AND LIGHT
2,910.92
439731
08/10/2023
AMERICAN PLANNING ASSOCIATION
746.00
439732
08/10/2023
GIFFORD YOUTH ACHIEVEMENT CENTER INC
14,605.65
439733
08/10/2023
CITY OF FELLSMERE
263.02
439734
08/10/2023
PEACE RIVER ELECTRIC COOP INC
235.21
439735
08/10/2023
CATHOLIC CHARITIES DIOCESE OF PALM BCH
3,177.82
439736
08/10/2023
HIBISCUS CHILDRENS CENTER INC
3,081.89
439737
08/10/2023
IRC HEALTHY START COALITION INC
13,405.00
439738
08/10/2023
IRC HEALTHY START COALITION INC
3,333.33
439739
08/10/2023
HENRY SMITH
575.00
439740
08/10/2023
CHILDRENS HOME SOCIETY OF FL
7,021.18
439741
08/10/2023
BRIDGESTONE AMERICAS INC
340.67
439742
08/10/2023
FLORIDA ASSOC OF CODE ENFORCEMENT
300.00
439743
08/10/2023
RECHTIEN INTERNATIONAL TRUCKS
802.37
439744
08/10/2023
PELICAN ISLAND AUDUBON SOCIETY INC
4,470.14
439745
08/10/2023
HULETT ENVIRONMENTAL SERVICES
96.00
439746
08/10/2023
BIG BROTHERS AND BIG SISTERS
9,349.20
439747
08/10/2023
SOUTHERN JANITOR SUPPLY INC
1,200.11
439748
08/10/2023
JACKS COMPLETE TREE SERVICE INC
6,800.00
439749
08/10/2023
ETR LLC
1,281.46
439750
08/10/2023
GLOVER OIL COMPANY INC
78,118.29
439751
08/10/2023
LARRY STEPHENS
590.00
439752
08/10/2023
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
79.62
439753
08/10/2023
SUNCOAST REALTY & RENTAL MGMT LLC
800.00
439754
08/10/2023
JOHNNY B SMITH
375.00
439755
08/10/2023
DANE MACDONALD
300.00
439756
08/10/2023
MENTAL HEALTH ASSOCIATION IRC INC
2,850.60
439757
08/10/2023
GLOBALSTAR USA
222.68
439758
08/10/2023
CEMEX INC
1,004.33
439759
08/10/2023
REDLANDS CHRISTIAN MIGRANT ASSOC
10,962.90
439760
08/10/2023
STAT MEDICAL DISPOSAL INC
205.00
439761
08/10/2023
D J P GENERAL CONTRACTING SERVICES INC
30,000.00
G
TRANS NBR
DATE
VENDOR
AMOUNT
439762
08/10/2023
EARTHBALANCE CORPORATION
8,200.00
439763
08/10/2023
MONICA L FOLK
2,100.00
439764
08/10/2023
FLORIDA COAST EQUIPMENT INC
26.35
439765
08/10/2023
MOORE MOTORS INC
321.99
439766
08/10/2023
JOSHUA HARVEY GHIZ
794.55
439767
08/10/2023
MUNICIPAL EMERGENCY SERVICES INC
994.90
439768
08/10/2023
LEARNING ALLIANCE
25,650.19
439769
08/10/2023
STS MAINTAIN SERVICES INC
14,274.70
439770
08/10/2023
HAWKINS INC
660.00
439771
08/10/2023
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC
193.11
439772
08/10/2023
GOTTA GO GREEN ENTERPISES INC
535.04
439773
08/10/2023
BARSALOU VENTURES LLC
345.03
439774
08/10/2023
THE GIFFORD FLORIDA YOUTH ORCHESTRA
7,667.70
439775
08/10/2023
CROSSOVER MISSION INC
7,083.00
439776
08/10/2023
COLE AUTO SUPPLY INC
8,331.65
439777
08/10/2023
KREMEDY LLC
3,500.00
439778
08/10/2023
BETH NOLAN
318.00
439779
08/10/2023
DAY DREAMS UNIFORMS INC
85.40
439780
08/10/2023
RECYCLING ROCKS LLC
600.00
439781
08/10/2023
AMAZON CAPITAL SERVICES INC
3,943.24
439782
08/10/2023
TREASURE COAST PLUMBING LLC
195.00
439783
08/10/2023
PACE ANALYTICAL SERVICES LLC
453.60
439784
08/10/2023
AMERIGAS PROPANE LP
1,778.16
439785
08/10/2023
THE HOPE FOR FAMILIES CENTER INC
3,372.17
439786
08/10/2023
JORDAN POWER EQUIPMENT CORP
217.43
439787
08/10/2023
PC SOLUTIONS & INTEGRATION INC
420.00
439788
08/10/2023
DERECK R PRINCE
840.00
439789
08/10/2023
MULLINAX FORD OF VERO BEACH
4,199.10
439790
08/10/2023
JUDITH A BURLEY
427.00
439791
08/10/2023
SOUTH CENTRAL PLANNING & DEVELOPMENT COMA 4,783.65
439792
08/10/2023
REARDONS FAB SHOP
893.25
439793
08/10/2023
BLUE GOOSE CONSTRUCTION LLC
11,057.79
439794
08/10/2023
STAPLES INC
249.76
439795
08/10/2023
LOWES COMPANIES INC
1,595.39
439796
08/10/2023
SPORTS ENGINE INC
185.00
439797
08/10/2023
ROBERT A HUDSON
175.00
439798
08/10/2023
THEODORE SEMI
735.00
439799
08/10/2023
VERO BEACH LEASED HOUSING ASSOC III LLLP
400.00
439800
08/10/2023
SOUTH FLORIDA EMERGENCY VEHICLES LLC
7,417.93
439801
08/10/2023
GEO-COMM INC
43,478.00
439802
08/10/2023
LAWRENCE F WALLIN
50.00
439803
08/10/2023
HIREQUEST LLC
4,887.74
439804
08/10/2023
SAFE FAMILIES FOR CHILDREN
3,299.56
439805
08/10/2023
TAKING GROUND LAWN & LANDSCAPE INC
4,575.00
439806
08/10/2023
CER SIGNATURE CLEANING LLC
7,200.00
439807
08/10/2023
MED ALLIANCE GROUP INC
711.00
439808
08/10/2023
DOBBS EQUIPMENT LLC
582.84
439809
08/10/2023
GOMEZ BROTHERS CONTRACT SERVICES
2,277.00
439810
08/10/2023
BTAC HOLDING CORP
2,963.17
439811
08/10/2023
TK ELEVATOR CORPORATION
2,165.22
439812
08/10/2023
TPH HOLDINGS LLC
485.40
439813
08/10/2023
CRYSTAL MCANELLY DIVERS
85.00
439814
08/10/2023
STARWOOD REIT OPERATING PARTNERSHIP LP
650.00
439815
08/10/2023
SCOTT SEELEY
260.00
439816
08/10/2023
RONALD MARASCO SR
485.00
439817
08/10/2023
BRIGHTVIEW LANDSCAPE SERVICES INC
3,200.00
439818
08/10/2023
TAYLOR NELSON AUXIER
100.00
439819
08/10/2023
ISO CLAIMS SERVICES INC
776.55
439820
08/10/2023
DONNA W ROBERTS
30.00
439821
08/10/2023
JORDAN PARKER
250.00
TRANS NBR
DATE
VENDOR
AMOUNT
439822
08/10/2023
NICOLE ALBANO
30.00
439823
08/10/2023
FL ROADWAY GUARDRAIL & SIGNS INC
972.50
439824
08/10/2023
JOHN DIGIACOMO
200.00
439825
08/10/2023
LF STAFFING SERVICES INC
2,344.12
439826
08/10/2023
SUMMIT FIRE & SECURITY LLC
245.00
439827
08/10/2023
GEARFACE LLC
74,395.00
439828
08/10/2023
LIAM T MCNALLY
530.00
439829
08/10/2023
DELANEYADKINS
240.00
439830
08/10/2023
MARK HAYNES
210.00
439831
08/10/2023
SAMARA WOOLEY
800.00
439832
08/10/2023
ST. MICHAEL'S CONSTRUCTION
26,000.00
439833
08/10/2023
CENTRAL FLORIDA EXPRESSWAY AUTHORITY
7.70
439834
08/10/2023
JONATHAN FRAZIER
100.00
439835
08/10/2023
KATHERINE L NALL
66.00
439836
08/10/2023
CYNTHIA WOLD
100.00
Grand Total:
1,752,965.25
4 g
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1020856
08/09/2023
AT&T CORP
971.00
1020857
08/09/2023
AT&T CORP
6.87
1020858
08/09/2023
OFFICE DEPOT INC
1,202.92
1020859
08/09/2023
COMCAST
368.45
1020860
08/09/2023
WASTE MANAGEMENT INC OF FLORIDA
4,566.07
1020861
08/10/2023
PARKS RENTAL & SALES INC
565.00
1020862
08/10/2023
INDIAN RIVER OXYGEN INC
6,015.09
1020863
08/10/2023
RING POWER CORPORATION
395.90
1020864
08/10/2023
MIKES GARAGE & WRECKER SERVICE INC
465.00
1020865
08/10/2023
GROVE WELDERS INC
21.62
1020866
08/10/2023
COMMERCIAL ENERGY SPECIALISTS
8,183.77
1020867
08/10/2023
TOTAL TRUCK PARTS INC
635.89
1020868
08/10/2023
THOMPSON TRACTOR
25.00
1020869
08/10/2023
SPINNAKER VERO INC
2,014.12
1020870
08/10/2023
AUTO PARTNERS LLC
4,883.34
1020871
08/10/2023
UNIFIRST CORPORATION
215.14
1020872
08/10/2023
UNIFIRST CORPORATION
427.83
1020873
08/10/2023
GUARDIAN ALARM OF FLORIDA LLC
195.16
1020874
08/10/2023
EFE INC
156.36
1020875
08/10/2023
TOSHIBA AMERICA BUSINESS SOLUTIONS INC
716.08
1020876
08/10/2023
CARLON INC
326.00
Grand Total:
32,356.61
0
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
10700
08/04/2023
KIMLEY HORN & ASSOC INC
1,633.00
10701
08/04/2023
IRC FIRE FIGHTERS ASSOC
11,156.64
10702
08/04/2023
TIMOTHY ROSE CONTRACTING INC
29,144.38
10703
08/04/2023
PUBLIC DEFENDER
4,360.24
10704
08/04/2023
STATE OF ALABAMA TREASURER
131.82
10705
08/04/2023
VEROTOWN LLC
15,450.70
10706
08/04/2023
RX BENEFITS INC
2,664.10
10707
08/04/2023
HALLEY ENGINEERING CONTRACTORS INC
1,269,188.44
10708
08/04/2023
EDH HOLDINGS LLC
564.13
10709
08/07/2023
FL SDU
2,977.36
10710
08/07/2023
IRS -PAYROLL TAXES
544,350.67
10711
08/07/2023
LINCOLN RETIREMENT
89,903.12
10712
08/08/2023
ALLSTATE
95.84
10713
08/09/2023
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
37,509.35
10714
08/09/2023
FIRST AMERICAN TITLE INSURANCE CO
84,423.00
10715
08/09/2023
HEALTH ADVOCATE SOLUTIONS INC
3,583.35
10716
08/09/2023
BENEFLEX INC
895.00
10717
08/09/2023
OPTUMI-IEALTH FINANCIAL SERVICES
107,534.80
10718
08/10/2023
TOWN OF INDIAN RIVER SHORES
8,410.08
Grand Total:
2,213,976.02
10
Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER
THRU: RYAN L. BUTLER, COMPTROLLER
DATE: August 17, 2023
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
August 11, 2023 to August 17, 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 Division, for the time period of August 11, 2023 to August 17, 2023.
11
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
439837
08/17/2023
PORT CONSOLIDATED INC
1,858.30
439838
08/17/2023
COMMUNICATIONS INTERNATIONAL
51,019.55
439839
08/17/2023
SSES INC
25,422.29
439840
08/17/2023
TEN -8 FIRE EQUIPMENT INC
551.62
439841
08/17/2023
RANGER CONSTRUCTION IND INC
1,255.76
439842
08/17/2023
VERO CHEMICAL DISTRIBUTORS INC
452.22
439843
08/17/2023
SAFETY PRODUCTS INC
2,265.47
439844
08/17/2023
DATA FLOW SYSTEMS INC
2,251.00
439845
08/17/2023
PARALEE COMPANY INC
683.90
439846
08/17/2023
SUB AQUATICS INC
274.37
439847
08/17/2023
INDIAN RIVER BATTERY
533.30
439848
08/17/2023
GRAINGER
1,715.30
439849
08/17/2023
GRAYBAR ELECTRIC CO INC
5,520.52
439850
08/17/2023
APPLE INDUSTRIAL SUPPLY CO
31.00
439851
08/17/2023
HACH CO
1,961.30
439852
08/17/2023
AVERY DENNISON CORPORATION
259.81
439853
08/17/2023
MEEKS PLUMBING INC
2,032.00
439854
08/17/2023
DIVE RESCUE INC
24,158.89
439855
08/17/2023
EXPRESS REEL GRINDING INC
2,830.00
439856
08/17/2023
ABCO GARAGE DOOR CO INC
1,302.00
439857
08/17/2023
BARNEYS PUMP INC
2,396.00
439858
08/17/2023
MIDWEST TAPE LLC
6,691.49
439859
08/17/2023
NORTHERN SAFETY CO INC
119.57
439860
08/17/2023
ODYSSEY MANUFACTURING CO
26,370.75
439861
08/17/2023
K & M ELECTRIC SUPPLY INC
21.08
439862
08/17/2023
ATKINS NORTH AMERICA INC
3,492.25
439863
08/17/2023
CENGAGE LEARNING INC
539.96
439864
08/17/2023
PENWORTHY COMPANY
782.14
439865
08/17/2023
CREATIVE CHOICE HOMES XVI LTD
600.00
439866
08/17/2023
PING INC
534.00
439867
08/17/2023
CITY OF VERO BEACH
783.15
439868
08/17/2023
INDIAN RIVER ALL FAB INC
1,080.00
439869
08/17/2023
HOME DEPOT USA INC
1,198.09
439870
08/17/2023
HOME DEPOT USA INC
604.90
439871
08/17/2023
FLORIDA DEPT OF TRANSPORTATION
16.13
439872
08/17/2023
HENRY FISCHER & SONS INC
590.00
439873
08/17/2023
ROGER CLEVELAND GOLF INC
260.21
439874
08/17/2023
ACUSHNET COMPANY
2,137.36
439875
08/17/2023
FLORIDA WATER & POLLUTION CONTROL
900.00
439876
08/17/2023
WEST PUBLISHING CORPORATION
202.32
439877
08/17/2023
FEDERAL EXPRESS CORP
42.17
439878
08/17/2023
CENTRAL A/C & REFRIGERATION SUPPLY INC
65.06
439879
08/17/2023
TYLER TECHNOLOGIES INC
858.27
439880
08/17/2023
COMO OIL COMPANY OF FLORIDA
81.96
439881
08/17/2023
FLORIDA POWER AND LIGHT
26,362.65
439882
08/17/2023
FLORIDA POWER AND LIGHT
7,676.88
439883
08/17/2023
NEW HORIZONS OF THE TREASURE COAST
29,379.50
439884
08/17/2023
LANGUAGE LINE SERVICES INC
284.21
439885
08/17/2023
COMPLETE ELECTRIC INC
14,719.21
439886
08/17/2023
SHERILEE D PARSELL
195.00
439887
08/17/2023
TREASURE COAST SPORTS COMMISSION INC
6,178.12
439888
08/17/2023
INDIAN RIVER COUNTY HISTORICAL
1,724.98
439889
08/17/2023
JOHN BROWN & SONS INC
5,250.00
439890
08/17/2023
STASKI ENTERPRISES INC
34,995.00
439891
08/17/2023
INTERNATIONAL CODE COUNCIL INC
1,260.90
439892
08/17/2023
WATER ENVIRONMENT FEDERATION
203.00
439893
08/17/2023
HULETT ENVIRONMENTAL SERVICES
423.50
439894
08/17/2023
CINTAS CORPORATION NO 2
221.40
12
TRANS NBR
DATE
VENDOR
AMOUNT
439895
08/17/2023
FLORIDA DEPT OF JUVENILE JUSTICE
45,172.77
439896
08/17/2023
POLYDYNE INC
3,749.00
439897
08/17/2023
FLORIDA RURAL LEGAL SERVICES INC
4,895.51
439898
08/17/2023
FASTENAL COMPANY
466.74
439899
08/17/2023
THE SHERWIN WILLIAMS CO
195.96
439900
08/17/2023
PARGAS
558.50
439901
08/17/2023
SOUTHERN JANITOR SUPPLY INC
4,495.85
439902
08/17/2023
CAROLE J MADIGAN
1,935.00
439903
08/17/2023
ORCHID ISLAND PROPERTY MGMT II INC
640.00
439904
08/17/2023
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
3,044.40
439905
08/17/2023
DUPERON CORPORATION
50,180.97
439906
08/17/2023
PETER J CASSARA
1,970.00
439907
08/17/2023
AFFORDABLE WATER & COFFEE SVC
112.50
439908
08/17/2023
FLEETBOSS GLOBAL POSITIONING SOLUTIONS INC
283.95
439909
08/17/2023
NICOLACE MARKETING INC
10,874.80
439910
08/17/2023
FLORIDAARMATURE WORKS INC
24,720.29
439911
08/17/2023
OVERDRIVE INC
2,847.41
439912
08/17/2023
AUTOMATIONDIRECT.COM INC
798.00
439913
08/17/2023
VERO BEACH PARTNERSHIP
400.00
439914
08/17/2023
WILD TURKEY ESTATES OF VERO LLC
1,658.97
439915
08/17/2023
BURNETT LIME CO INC
11,354.40
439916
08/17/2023
CHEMTRADE CHEMICALS CORPORTATION
4,678.24
439917
08/17/2023
STS MAINTAIN SERVICES INC
15,497.35
439918
08/17/2023
SYLVIA MILLER
1,440.00
439919
08/17/2023
THE TRANSIT GROUP INC
3,348.00
439920
08/17/2023
CATHEDRAL CORPORATION
4,302.11
439921
08/17/2023
BARSALOU VENTURES LLC
67.65
439922
08/17/2023
AWC INC
1,402.88
439923
08/17/2023
EASTERN PIPELINE CONSTRUCTION INC
5,325.00
439924
08/17/2023
DEBBIE CARSON
100.00
439925
08/17/2023
COLE AUTO SUPPLY INC
419.48
439926
08/17/2023
DAY DREAMS UNIFORMS INC
390.73
439927
08/17/2023
ADVANCED ROOFING INC
25,000.00
439928
08/17/2023
DAVE FORD PAINTING INC
800.00
439929
08/17/2023
RELX INC
426.40
439930
08/17/2023
ENVIRONMENTAL OPERATING SOLUTION INC
16,935.36
439931
08/17/2023
CORE & MAIN LP
278,505.62
439932
08/17/2023
WOERNER AGRIBUSINESS LLC
420.00
439933
08/17/2023
REXEL USA INC
3,438.09
439934
08/17/2023
ENGINEERED SERVICES INC
133.34
439935
08/17/2023
DIRECTV GROUP INC
103.39
439936
08/17/2023
TAYLOR ANNE HATTON
110.00
439937
08/17/2023
AMAZON CAPITAL SERVICES INC
5,148.32
439938
08/17/2023
TREASURE COAST PLUMBING LLC
5,856.00
439939
08/17/2023
PACE ANALYTICAL SERVICES LLC
19,056.30
439940
08/17/2023
AMERIGAS PROPANE LP
5,028.87
439941
08/17/2023
EVERLAST CLIMBING INDUSTRIES INC
5,750.00
439942
08/17/2023
METROPOLITAN COMMUNICATION SERVICES INC
330.00
439943
08/17/2023
ILLINOIS TOOL WORKS
595.00
439944
08/17/2023
JORDAN POWER EQUIPMENT CORP
1,064.16
439945
08/17/2023
CK CONTRACTORS & DEVELOPMENT LLC
41,315.87
439946
08/17/2023
LIBERTY TIRE RECYCLING LLC
9,044.80
439947
08/17/2023
PC SOLUTIONS & INTEGRATION INC
506.07
439948
08/17/2023
MULLINAX FORD OF VERO BEACH
10.05
439949
08/17/2023
JUDITH A BURLEY
297.00
439950
08/17/2023
R&S RADIO LLC
400.00
439951
08/17/2023
SAFEWARE INC
545.06
439952
08/17/2023
POLYWRAP RECYCLING LLC
878.71
439953
08/17/2023
KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC
1,873.22
439954
08/17/2023
BLUE GOOSE CONSTRUCTION LLC
1,592.05
13
TRANS NBR
DATE
VENDOR
AMOUNT
439955
08/17/2023
ORCHARD GROVE VENTURE LLC
400.00
439956
08/17/2023
STAPLES INC
938.03
439957
08/17/2023
LOWES COMPANIES INC
2,252.72
439958
08/17/2023
SPORTS ENGINE INC
185.00
439959
08/17/2023
J -MAC CLEANING SERVICES INC
433.33
439960
08/17/2023
BRITTON INDUSTRIES INC
151.36
439961
08/17/2023
HIREQUEST LLC
1,995.83
439962
08/17/2023
A TEAM OF THE TREASURE COAST INC
860.00
439963
08/17/2023
CER SIGNATURE CLEANING LLC
3,800.00
439964
08/17/2023
MED ALLIANCE GROUP INC
98.94
439965
08/17/2023
MARUBENI AMERICA CORPORATION
1,460.15
439966
08/17/2023
WESTERN OILFIELDS SUPPLY COMPANY
8,649.19
439967
08/17/2023
GOMEZ BROTHERS CONTRACT SERVICES
180.00
439968
08/17/2023
SHRIEVE CHEMICAL CO LLC
4,325.84
439969
08/17/2023
BTAC HOLDING CORP
3,729.74
439970
08/17/2023
TK ELEVATOR CORPORATION
8,472.00
439971
08/17/2023
TPH HOLDINGS LLC
844.73
439972
08/17/2023
SEVEN ISLES CAPITAL
1,556.00
439973
08/17/2023
JEFFERY HOGUES
9,150.00
439974
08/17/2023
GARDNER DENVER NASH INC
21,873.30
439975
08/17/2023
PREMIER NURSERIES LLC
4,080.00
439976
08/17/2023
XEROX CORPORATION
151.01
439977
08/17/2023
US ECOLOGY TAMPA INC
28,054.81
439978
08/17/2023
JOHNSON-LAUX CONSTRUCTION LLC
235,075.90
439979
08/17/2023
CENTER LAKE PROPERTY MANAGEMENT LLC
400.00
439980
08/17/2023
BALL FABRICS INC
3,257.69
439981
08/17/2023
BATES AIR & HEAT LLC
3,998.60
439982
08/17/2023
LF STAFFING SERVICES INC
3,832.21
439983
08/17/2023
GEARFACE LLC
155.00
439984
08/17/2023
LIAM T MCNALLY
130.00
439985
08/17/2023
DELANEYADKINS
90.00
439986
08/17/2023
MARK HAYNES
100.00
439987
08/17/2023
SAMARA WOOLEY
330.00
439988
08/17/2023
ARAMSCO, INC.
7,022.00
439989
08/17/2023
AVANTI MATERIAL SALES LTD
7,438.60
439990
08/17/2023
NICHOLAS BERGER
5,498.25
439991
08/17/2023
CLEAR CHOICE WINDOWS & GLASS LLC
6,375.00
439992
08/17/2023
KATHERINE L NALL
6.00
439993
08/17/2023
BOARDTRONICS
1,725.50
439994
08/17/2023
AT&T WIRELESS
147.92
439995
08/17/2023
AT&T WIRELESS
157.26
439996
08/17/2023
AT&T WIRELESS
296.33
439997
08/17/2023
AT&T WIRELESS
742.57
439998
08/17/2023
CLERK OF CIRCUIT COURT
190.23
439999
08/17/2023
PETTY CASH
125.00
440000
08/17/2023
FLORIDA WATER & POLLUTION CONTROL
30.00
440001
08/17/2023
FLORIDA WATER & POLLUTION CONTROL
30.00
440002
08/17/2023
MEDICARE PART B FINANCIAL SERVICES
1,810.07
440003
08/17/2023
UNITED HEALTH CARE INS COMPANY
10.00
440004
08/17/2023
HUMANA
420.40
440005
08/17/2023
CELICO PARTNERSHIP
3,612.18
440006
08/17/2023
GIRARD TELL
50.00
440007
08/17/2023
FISHER & PHILLIPS LLP
3,658.00
440008
08/17/2023
FLORIDA MEDICAID
291.39
440009
08/17/2023
PATCH REEF TITLE CO
80.00
440010
08/17/2023
ORCHARD GROVE VENTURE LLC
675.00
440011
08/17/2023
TOSHIBA AMERICA BUSINESS SOLUTIONS INC
716.08
440012
08/17/2023
FLORIDA COMMUNITY CARE
295.23
440013
08/17/2023
ANTHONY DURANTE
92.93
440014
08/17/2023
BIGGS FAMILY LLC
900.00
14
TRANS NBR
DATE
VENDOR
AMOUNT
440015
08/17/2023
AMANDA BREEN
444.34
440016
08/17/2023
NORMAN KOFF
300.00
440017
08/17/2023
DAVID K MEIER
300.00
440018
08/17/2023
DESIREE REYES
150.00
440019
08/17/2023
CARLOS M QUIROZ
500.00
440020
08/17/2023
KAREN BROWN
60.00
440021
08/17/2023
ROCCO COPPOLA
32.10
440022
08/17/2023
ALS REFUNDS
21.70
440023
08/17/2023
ALS REFUNDS
386.88
440024
08/17/2023
ALS REFUNDS
103.66
440025
08/17/2023
ALS REFUNDS
157.12
440026
08/17/2023
ALS REFUNDS
100.00
440027
08/17/2023
ALS REFUNDS
81.55
440028
08/17/2023
ALS REFUNDS
62.61
440029
08/17/2023
ALS REFUNDS
13.83
440030
08/17/2023
ALS REFUNDS
108.88
440031
08/17/2023
ALS REFUNDS
19.30
440032
08/17/2023
ALS REFUNDS
103.14
440033
08/17/2023
ALS REFUNDS
99.56
440034
08/17/2023
ALS REFUNDS
104.36
440035
08/17/2023
ALS REFUNDS
82.36
440036
08/17/2023
ALS REFUNDS
119.16
440037
08/17/2023
ALS REFUNDS
113.76
440038
08/17/2023
ALS REFUNDS
79.15
440039
08/17/2023
ALS REFUNDS
100.70
440040
08/17/2023
ALS REFUNDS
91.28
440041
08/17/2023
ALS REFUNDS
75.39
440042
08/17/2023
ALS REFUNDS
197.09
440043
08/17/2023
ALS REFUNDS
117.42
440044
08/17/2023
ALS REFUNDS
116.72
440045
08/17/2023
ALS REFUNDS
181.71
440046
08/17/2023
ALS REFUNDS
150.00
440047
08/17/2023
ALS REFUNDS
109.76
440048
08/17/2023
ALS REFUNDS
100.11
440049
08/17/2023
ALS REFUNDS
101.22
440050
08/17/2023
ALS REFUNDS
250.00
440051
08/17/2023
ALS REFUNDS
112.19
440052
08/17/2023
UTIL REFUNDS
116.45
440053
08/17/2023
UTIL REFUNDS
100.00
440054
08/17/2023
UTIL REFUNDS
80.22
440055
08/17/2023
FLORIDA ASSOCIATION OF COUNTIES INC
250.00
440056
08/17/2023
FLORIDA GOVERNMENT FINANCE
54.00
440057
08/17/2023
SOUTHEAST DESALTING ASSOCIATION
600.00
440058
08/17/2023
ANTOWAIN PERSON
164.58
440059
08/17/2023
JAMES MANN
28.42
440060
08/17/2023
LAURA MATTHES
43.88
440061
08/17/2023
DARYL LOAR
139.78
440062
08/17/2023
MEEKS PLUMBING INC
96,301.00
440063
08/17/2023
EDLUND DRITENBAS BINKLEYARCHITECTS
12,230.64
440064
08/17/2023
ATKINS NORTH AMERICA INC
1,629.50
440065
08/17/2023
INTERNATIONAL GOLF MAINTENANCE INC
111,444.25
440066
08/17/2023
TLC DIVERSIFIED INC
546,908.53
440067
08/17/2023
MBV ENGINEERING INC
8,838.75
440068
08/17/2023
MASTELLER & MOLER INC
34,024.00
440069
08/17/2023
SOUTHERN MANAGEMENT LLC
1,038.50
440070
08/17/2023
THE TRANSIT GROUP INC
15,393.28
440071
08/17/2023
ANFIELD CONSULTING GROUP INC
10,000.00
440072
08/17/2023
CENTERLINE UTILITIES INC
70,795.67
440073
08/17/2023
BOWMAN CONSULTING GROUP LTD
5,945.00
440074
08/17/2023
INDIAN RIVER DOCKS LLC
32,917.50
15
TRANS NBR DATE
440075 08/17/2023
440076 08/17/2023
440077 08/17/2023
440078 08/17/2023
440079 08/17/2023
440080 08/17/2023
Grand Total:
VENDOR
TETRA TECH INC
ALLEN CONCRETE & MASONRY INC
SPIEZLE ARCHITECTURAL GROUP INC
SPIEZLE ARCHITEC'T'URAL GROUP INC
ACP FACILITY SERVICES
DICKERSON INFRASTRUCTURE INC
AMOUNT
6,528.67
926.48
11,500.00
5,529.00
11,736.91
220,136.85
2,542,166.18
16
TRANS NBR
902845
902846
902847
902848
902849
Grand Total:
RENTAL ASSISTANCE CHECKS WRITTEN
DATE
VENDOR
08/14/2023
STAPLES INC
08/14/2023
STARWOOD REIT OPERATING PARTNERSHIP LP
08/14/2023
STARWOOD REIT OPERATING PARTNERSHIP LP
08/14/2023
STARWOOD REIT OPERATING PARTNERSHIP LP
08/17/2023
XEROX CORPORATION
AMOUNT
145.25
27,297.00
808.00
974.00
184.36
29,408.61
17
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1020877
08/17/2023
NORTH SOUTH SUPPLY INC
679.93
1020878
08/17/2023
INDIAN RIVER OXYGEN INC
103.75
1020879
08/17/2023
RING POWER CORPORATION
2,315.08
1020880
08/17/2023
DEMCOINC
322.04
1020881
08/17/2023
IRRIGATION CONSULTANTS UNLIMITED INC
87.45
1020882
08/17/2023
GROVE WELDERS INC
65.10
1020883
08/17/2023
41WRINT INC
1,010.95
1020884
08/17/2023
PRIDE ENTERPRISES
818.35
1020885
08/17/2023
SPINNAKER VERO INC
2,563.34
1020886
08/17/2023
UNIFIRST CORPORATION
3,748.94
1020887
08/17/2023
ALLIED DIVERSIFIED OF VERO BEACH LLC
100.00
1020888
08/17/2023
NEXAIR LLC
115.56
1020889
08/17/2023
EFE INC
1,709.00
1020890
08/17/2023
CARLON INC
712.00
1020891
08/17/2023
FIRST HOSPITAL LABORATORIES INC
350.00
1020892
08/17/2023
CUMMINS INC
2,896.91
Grand Total:
17,598.40
18
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
10719
08/11/2023
EDH HOLDINGS LLC
185.43
10720
08/11/2023
FLORIDA DEPARTMENT OF REVENUE
1,023.27
10721
08/11/2023
FLORIDA DEPARTMENT OF REVENUE
5,170.61
10722
08/11/2023
FLORIDA DEPARTMENT OF REVENUE
2,140.75
10723
08/11/2023
FLORIDA DEPARTMENT OF REVENUE
15,549.22
10724
08/14/2023
MUTUAL OF OMAHA
20,276.94
10725
08/14/2023
MUTUAL OF OMAHA
24,827.89
10726
08/14/2023
RX BENEFITS INC
289,515.40
10727
08/16/2023
HUMANE SOCIETY
43,000.00
10728
08/16/2023
VERO HERITAGE INC
3,345.48
10729
08/16/2023
VETERANS COUNCIL OF I R C
5,832.04
10730
08/16/2023
SCHOOL DISTRICT OF I R COUNTY
46,192.00
10731
08/16/2023
SENIOR RESOURCE ASSOCIATION
34,050.00
10732
08/16/2023
IRS -PAYROLL TAXES
8,122.14
10733
08/17/2023
WRIGHT EXPRESS FSC
33,159.35
10734
08/17/2023
APTIM CORP
106,873.50
10735
08/17/2023
APTIM CORP
10,057.94
10736
08/17/2023
P&AADMINISTRATIVE SERVICES INC
398.50
Grand Total:
649,720.46
19
Ryan L. Butler
Clerk of Circuit Court & Comptroller
P.O. Box 1028
Vero Beach, FL 32961-1028
Telephone: (772) 226-3100
TO: Board of County Commissioners
FROM: Irene Haas, Accounting Supervisor
THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
DATE: August 2, 2023
SUBJECT: Quarterly Tourist Development Tag Report for Quarter Ending 6/30/2023
BACKGROUND
Attached to this memorandum is the report of the tourist development tax monies collected in the
Clerk's office for quarters ended June 30, 2022 and 2023.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist
Development Tax Report.
all
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Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
TO: Board of County Commissioners
FROM: Elissa Nagy, Chief Deputy Comptroller
THROUGH: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
DATE: August 2, 2023
ypouM�y
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SUBJECT: Dori Slosberg Driver Education Safety Act
Indian River County Traffic Education Program Trust Fund Report
Cumulative Reporting Through 06/30/23
BACKGROUND
On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating
the Indian River County Traffic Education Program Trust Fund (Fund 137). This ordinance authorized a
$3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court & Comptroller. On
September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine.
Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to
$5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each
civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund
driver education programs in public and nonpublic schools".
Provided is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1,
2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2023, the balance in the
Fund is $223,166.
The Clerk's office will continue to provide a quarterly report of the traffic education trust activity.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the report.
22
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Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
�COMPT �
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TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust)
FROM: Elissa Nagy, Chief Deputy Comptroller
THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
DATE: August 18, 2023
SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 6/30/2023
Attached please find a summary report consisting of the composition and investment return of the
OPEB Trust for the third quarter of fiscal year 2023. These funds are held in trust by our custodian
BNY/Mellon. This report was reviewed by our investment advisory committee on August 17,
2023.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB
Trust Report.
24
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Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
TO: Board of County Commissioners
FROM: Elissa Nagy, Chief Deputy Comptroller
THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
DATE: August 18, 2023
SUBJECT: Quarterly Investment Report for Quarter Ending 6/30/2023
BACKGROUND
Attached to this memorandum is the composition of the investment portfolio and investment
earnings for the third quarter of fiscal year 2023. This report was reviewed by our investment
advisory committee on August 17, 2023.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly
Investment Report.
26
Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
Indian River County Investment Advisory Committee
Quarterly Investment Report
April 1, 2023 through June 30, 2023
INVESTMENT POLICY
In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an
Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court &
Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to
provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to
the requirements for safety and liquidity.
INVESTMENT ADVISORY COMMITTEE
An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities,
evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists
of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or
financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee.
The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding
Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group;
and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are
the Clerk of the Circuit Court & Comptroller, Chief Deputy Comptroller, Assistant Chief Deputy
Comptroller, and Senior Accountant.
AUTHORIZED INVESTMENTS
As permitted by the Investment Policy, surplus funds were invested only in the following types of
investments:
Federal Farm Credit Banks bonds and discount notes (FFCB),
Federal Home Loan Banks bonds and discount notes (FHLB),
Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC),
Federal National Mortgage Association bonds and discount notes (FNMA),
Treasury Notes and Bills,
Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act
as provided in F.S. 163.01,
Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements.
INVESTMENT ACTIVITY
As of June 30, 2023, the investments portfolio book value was $515,112,626 with a market value of
$508,841,162. Of the $515,112,626 portfolio total, $395,912,518 is restricted for the following purposes:
$ 137,555,292
$
597,786
$
95,007,910
$
161,104,939
$
1,646,591
$
395,912,518
34.74% Special revenue projects
0.15% Debt service
24.00% Capital projects
40.69% Business -type activities
0.42% Fiduciary funds
27
QUARTERLY AVERAGE YIELD
The overall average yield for the quarter ended June 30, 2023 was 2.82%. The overall average yield for the
quarter ended March 31, 2023 was 2.43%. The chart below shows the change in the quarterly average yield
since December 31, 2021:
3_
Portfolio sorted by type of debt instrument
Schedule 2
Portfolio sorted by maturity date
E
2.5
Portfolio by maturity date bar graph
Schedule 4
Portfolio by type pie chart
2
Investment purchases, calls and maturities for the quarter
Schedule 6
1.
1.5
Interest earnings summary
Schedule 8
Allocation of investments by fund types (unrestricted and restricted balances)
1
0.5
0.
0
Quarter Ending Quarter Ending Quarter Ending Quarter Ending
12/31 3/31 6/30 9/30
—FY 2023 --FY 2022 —FY 2021
The weighted average maturity of the treasury and agency investments as of June 30, 2023 is 11
months. Coupon yields on the individual investments ranged from 0.125% to 5.375%.
Information on investment activity, total cash flows, interest earnings, and charts providing
additional information regarding the investment of surplus funds such as the portfolio composition
and maturity distribution are attached.
The attached schedules list the portfolio composition and activity for the quarter ending
June 30, 2023:
Schedule 1
Portfolio sorted by type of debt instrument
Schedule 2
Portfolio sorted by maturity date
Schedule 3
Portfolio by maturity date bar graph
Schedule 4
Portfolio by type pie chart
Schedule 5
Investment purchases, calls and maturities for the quarter
Schedule 6
Summary of cash flows and balances by month
Schedule 7
Interest earnings summary
Schedule 8
Allocation of investments by fund types (unrestricted and restricted balances)
28
Schedule 1
Indian River County, Florida
Board of County Commissioners
Investments By Type
June 30, 2023
1of2 29
06/30/23
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
FFCB Bullet
3133EM537
0.125%
11/16/21
07/14/23
0.04
0.429%
$ 3,000,000.00
$
2,984,940.00
FFCB Callable
3133EL5J9
0.300%
12/03/21
09/01/23
0.17
0.503%
$ 3,000,000.00
$
2,989,440.00
FFCB Bullet
3133ENAL4
0.290%
12/03/21
10/12/23
0.28
0.578%
$ 3,000,000.00
$
2,984,070.00
FFCB Callable
3133ENBN9
0.340%
10/20/21
10/20/23
0.31
0.340%
$ 3,000,000.00
$
3,000,000.00
FFCB Callable
3133ENSX4
5.070%
01/11/23
01/11/24
0.53
5.070%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133ENNJ5
1.180%
02/09/22
02/09/24
0.61
1.180%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMR27
0.250%
09/14/21
02/26/24
0.66
0.291%
$ 3,000,000.00
$
2,997,000.00
FFCB Callable
3133ENQX1
1.670%
03/08/22
03/08/24
0.69
1.670%
$ 3,000,000.00
$
3,000,000.00
FFCB Callable
3133ENCV0
0.670%
11/02/21
05/02/24
0.84
0.670%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133ENWP3
2.625%
06/01/23
05/16/24
0.88
5.213%
$ 3,000,000.00
$
2,928,300.00
FFCB Bullet
3133ENG20
3.300%
11/07/22
08/15/24
1.13
4.787%
$ 3,000,000.00
$
2,924,910.00
FFCB Bullet
3133EN184
3.375%
03/24/23
08/26/24
1.16
3.957%
$ 3,000,000.00
$
2,976,000.00
FFCB Callable
3133ENQC7
1.940%
03/03/22
09/03/24
1.18
1.940%
$ 3,000,000.00
$
3,000,000.00
FFCB Callable
3133EN568
4.520%
10/17/22
10/17/24
1.30
4.620%
$ 2,000,000.00
$
2,000,000.00
FFCB Bullet
3133ENCA6
0.700%
10/25/21
10/25/24
1.32
0.700%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EPFL4
4.000%
04/26/23
03/10/25
1.70
4.185%
$ 3,000,000.00
$
2,990,160.00
$ 47,000,000.00
$
46,774,820.00
9.09%
FHLB Callable
3130AN7N4
0.220%
08/10/21
08/10/23
0.11
0.220%
$ 3,000,000.00
$
3,000,000.00
FHLB Bullet
3130AIXD6
0.125%
09/28/21
09/08/23
0.19
0.275%
$ 3,000,000.00
$
2,991,300.00
FHLB Callable
3130AQDW0
0.650%
12/29/21
12/29/23
0.50
0.650%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AQST6
0.750%
12/29/21
12/29/23
0.50
0.750%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANFP0
0.350%
08/23/21
02/23/24
0.65
0.350%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APXN0
0.820%
12/14/21
03/14/24
0.71
0.820%
$ 3,ODD,000.00
$
3,000,000.00
FHLB Callable
3130ARNK3
2.625%
04/29/22
04/26/24
0.82
2.625%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMV33
0.300%
06/29/21
04/29/24
0.83
0.300%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMMM3
0.375%
06/03/21
06/03/24
093
0.375%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMLM2
0.375%
06/07/21
06/07/24
0.94
0.375%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMKX9
0.400%
06/07/21
06/07/24
0.94
0.400%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
313GAMK24
0.400%
06/10/21
06/10/24
0.95
0.400%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APY01
0.900%
12/14/21
06/14/24
096
0.900%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMSF0
0.400%
07/01/21
06/28/24
1.00
0.471%
$ 3,000,000.00
$
2,993,700.00
FHLB Callable
3130AMXQ0
0.475%
07/12/21
07/12/24
1.04
0.475%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMZ88
0.520%
07/12/21
07/12/24
1.04
0.520%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APQV0
1.000%
11/16/21
08/16/24
1.13
1.000%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APB52
1.000%
11/23/21
08/23/24
1.15
1.000%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANVAS
0.500%
09/10/21
09/10/24
1.20
0.500%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANRP7
0.500%
09/13/21
09/13/24
1.21
0.500%
$ 3,000,000.00
$
3,000,000.00
FHLB Bullet
3130ATT31
4.500%
11/07/22
10/03/24
1.26
4.817%
$ 3,000,000.00
$
2,982,930.00
FHLB Callable
3130APAA3
0.555%
10/21/21
10/21/24
1.31
0.555%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ATME4
5.000%
10/27/22
01/27/25
1.58
5.000%
$ 2,000,000.00
$
2,000,000.00
$ 68,000,000.00
$
67,967,930.00
13.21%
FHLMC Bullet
3137EAEW
0.250%
11/22/21
08/24/23
0.15
0.433%
$ 3,000,000.00
$
2,990,400.00
FHLMC Bullet
3137EAEW5
0.250%
09/28/21
D9/08/23
0.19
0.276%
$ 3,000,000.00
$
2,998,500.00
FHLMC Bullet
3137EAEY1
0.125%
11/18/21
10/16/23
0.30
0.505%
$ 3,000,000.00
$
2,978,340.00
FHLMC Callable
3134GW6E3
0.320%
07/06/21
11/02/23
0.34
0.320%
$ 3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAEZB
0.250%
11/24/21
11/06/23
035
0.579%
$ 3,000,000.00
$
2,980,890.00
FHLMC Bullet
3137EAEZB
0.250%
10/08/21
11/06/23
0.35
0.286%
$ 3,000,000.00
$
2,997,750.00
FHLMC Callable
3134GXMM3
1.850%
03/22/22
03/22/24
0.73
1.850%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXPH1
2.020%
03/30/22
03/28/24
0.75
2.020%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXUH5
3.000%
05/27/22
05/24/24
090
3.000%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GY3XB
SAW%
11/30/22
08/30/24
1.17
5.104%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GXT61
4.000%
09/13/22
09/13/24
1.21
4.000%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GYA69
5.000%
12/27/22
09/27/24
1.25
5.005%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GX3D4
4.500%
09/30/22
09/30/24
1.25
4.500%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GX7J6
3.500%
06/30/22
09/30/24
1.25
3.500%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GXB8
4.000%
07/18/22
10/18/24
1.30
4.000%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GXRC0
3.000%
05/05/22
11/05/24
1.35
3.000%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXK86
4.000%
08/18/22
11/18/24
1.39
4.000%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GYJ29
5.150%
02/17/23
02/14/25
1.63
5.195%
$ 3,000,000.00
$
2,997,450.00
FHLMC Callable
3134GYLE0
5.350%
03/14/23
03/14/25
1.71
5.350%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GYW9
5.375%
06/28/23
03/28/25
1.75
5.380%
$ 3,000,000.00
$
3,000,000.00
$ 54,000,000.00
$
53,943,330.00
10.48%
FNMA Bullet
3135GOSG4
0.250%
09/29/21
07/10/23
0.03
0.250%
$ 3,000,000.00
$
3,000,000.00
FNMA Bullet
3135GOSG4
0.250%
11/22/21
07/10/23
0.03
0.367%
$ 3,000,000.00
$
2,994,300.00
FNMA Callable
3135G05T6
0.350%
11/18/21
08/18/23
0.13
0.488%
$ 3,000,000.00
$
2,992,770.00
FNMA Callable
3136G471.3
0.350%
09/28/21
04/26/24
0.82
0.434%
$ 3,000,000.00
$
2,993,520.00
FNMA Callable
3135GHP9
5.100%
05/15/23
11/15/24
1.38
5.100%
$ 3,000,000.00
$
3,000,000.00
FNMA Bullet
3135GOX24
1.625%
01/31/23
01/07/25
1.53
4.307%
$ 3,000,000.00
$
2,852,250.00
FNMA Callable
3135GACX7
3.850%
04/26/23
08/28/25
2.16
4.520%
$ 3,000,000.00
$
2,955,690.00
$ 21,000,000.00
$
20,788,530.00
4.04%
Treasury Note
912828ZY9
0.125%
05/17/21
07/15/23
0.04
0.169%
$ 6,000,000.00
$
5,994,360.00
Treasury Note
912828592
1.250%
02/15/22
07/31/23
0.08
1.392%
$ 3,000,000.00
$
2,993,850.00
Treasury Nae
91282CCN9
0.125%
11/16/21
07/31/23
0.08
0.451%
$ 3,000,000.00
$
2,983,380.00
Treasury Note
91282CAFS
0.125%
05/26/21
08/15/23
0.13
0.175%
$ 6,000,000.00
$
5,993,400.00
Treasury Note
91282CCU3
0.125%
09/27/21
08/31/23
0.17
0.262%
$ 4,000,000.00
$
3,989,520.00
Treasury Note
91282CAK7
0.125%
05/20/21
09/15/23
0.21
0.181%
$ 6,000,000.00
$
5,992,200.00
1of2 29
Schedule 1
Indian River County, Florida
Board of County Commissioners
Investments By Type
June 30, 2023
Restricted Cash - Landfill
FL CLASS -Landfill Closure & Postdosure Reserves
Total Pooled Cash & Equivalents
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds.
$ 8,327,912.69 1.62%
$ 514,676,055.96 100.00%
$436,569.89
$515,112,625.85
2 of 2 30
06/30/23
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
Treasury Note
91282ST26
1.375%
02/15/22
09/30/23
0.25
1.482%
$ 3,000,000.00
$
2,994,843.75
Treasury Note
91282CDA6
0.250%
10/19/21
09/30/23
0.25
0.405%
$ 3,000,000.00
$
2,991,000.00
Treasury Note
91282CAP6
0.125%
08/23/21
10/15/23
0.29
0.250%
$ 3,000,000.00
$
2,991,960.00
Treasury Note
91282CAP6
0.125%
11/16/21
10/15/23
0.29
0.499%
$ 3,000,000.00
$
2,978,700.00
TreasuryNote
91282CDDO
0.375%
11/01/21
10/31/23
0.34
0.501%
$ 3,000,000.00
$
2,992,500.00
Treasury Note
91282CAWI
0.250%
09/27/21
11/15/23
0.38
0.306%
$ 4,000,000.00
$
3,995,200.00
Treasury Note
91282CBEO
0.125%
07/09/21
01/15/24
0.55
0.271%
$ 3,000,000.00
$
2,989,050.00
Treasury Note
91282CBEO
0.125%
11/16/21
01/15/24
0.55
0.596%
$ 3,000,000.00
$
2,969,700.00
Treasury Note
912828529
2.500%
12/13/22
01/31/24
0.59
4.675%
$ 3,000,000.00
$
2,928,699.00
Treasury Note
91282CDVO
0.875%
05/19/22
01/31/24
0.59
2.588%
$ 2,000,000.00
$
1,943,320.00
Treasury Note
91282CDVO
0.875%
03/23/22
01/31/24
0.59
2.158%
$ 3,000,000.00
$
2,930,190.00
Treasury Note
91282CBM2
0.125%
07/09/21
02/15/24
0.63
0.288%
$ 3,000,000.00
$
2,987,343.75
Treasury Note
91282SW48
2.125%
03/03/23
02/29/24
0.67
5.194%
$ 3,000,000.00
$
2,912,100.00
Treasury Note
91282CEA5
1.500%
03/23/22
02/29/24
0.67
2.154%
$ 3,000,000.00
$
2,962,968.75
Treasury Note
91282CBR3
0.250%
08/23/21
03/15/24
0.71
0.327%
$ 3,000,000.00
$
2,994,090.00
Treasury Note
91282CBR1
0.250%
10/19/21
03/15/24
0.71
0.547%
$ 3,000,000.00
$
2,978,700.00
Treasury Note
91282CBV2
0.375%
09/27/21
04/15/24
0.79
0.418%
$ 4,000,000.00
$
3,995,640.00
Treasury Note
91282CBV2
0.375%
10/19/21
04/15/24
0.79
0.572%
$ 3,000,000.00
$
2,985,450.00
Treasury Note
91282CEK3
2.500%
12/09/22
04/30/24
0.84
4.596%
$ 3,000,000.00
$
2,916,045.00
Treasury Note
91282CCC3
0.250%
12/03/21
05/15/24
0.88
0.770%
$ 3,000,000.00
$
2,962,170.00
Treasury Note
91282CCC3
0.250%
08/23/21
05/15/24
0.88
0.375%
$ 3,000,000.00
$
2,989,860.00
Treasury Note
912828XT2
2.000%
04/07/22
05/31/24
0.92
2.552%
$ 3,000,000.00
$
2,965,560.00
Treasury Note
91282CCt3
0.375%
10/08/21
07/15/24
1.04
0.500%
$ 3,000,000.00
$
2,989,710.00
Treasury Note
912828Y87
1.750%
12/13/22
07/31/24
1.09
4.529%
$ 3,000,000.00
$
2,870,100.00
Treasury Note
9128282N9
2.125%
11/30/22
07/31/24
1.09
4.642%
$ 3,000,000.00
$
2,880,000.00
Treasury Note
9128282N9
2.125%
07/19/22
07/31/24
1.09
3.157%
$ 2,000,000.00
$
1,959,660.00
Treasury Note
91282CCT6
0.375%
12/03/21
08/15/24
1.13
0.825%
$ 3,000,000.00
$
2,964,000.00
Treasury Note
9128282U3
1.875%
10/06/22
08/31/24
1.17
4.198%
$ 2,000,0D0.00
$
1,915,936.00
Treasury Note
9282CFD9
4.375%
12/01/22
10/31/24
1.34
4.572%
$ 3,000,000.00
$
2,989,170.00
Treasury Note
9128283VO
2.500%
11/18/22
01/31/25
159
4.403%
$ 3,000,000.00
$
2,881,350.00
Treasury Note
91282CGGO
4.125%
03/03/23
01/31/25
1.59
4.954%
$ 3,000,000.00
$
2,955,000.00
Treasury Note
91282CD21
1.500%
11/18/22
02/15/25
1.63
4.413%
$ 3,000,000.00
$
2,815,320.00
Treasury Note
912828X7
1.125%
11/30/22
02/28/25
1.67
4.398%
$ 3,000,000.00
$
2,791,875.00
Treasury Note
91282CED9
1.750%
12/01/22
03/15/25
1.71
4.446%
$ 3,000,000.00
$
2,825,859.38
Treasury Note
91282CEHO
2.625%
12/12/22
04/15/25
1.79
4.220%
$ 3,000,000.00
$
2,894,296.88
Treasury Note
9128284M9
2.875%
12/12/22
04/30/25
1.84
4.206%
$ 3,000,000.00
$
2,910,234.38
Treasury Note
91282CMC
2.750%
01/31/23
05/15/25
1.88
4.149%
$ 3,000,000.00
$
2,909,220.00
Treasury Note
912828488
2.875%
05/18/23
05/31/25
1.92
4.090%
$ 3,000,000.00
$
2,929,440.00
Treasury Note
91282CEU1
2.875%
02/17/23
06/15/25
1.96
4.500%
$ 3,000,000.00
$
2,893,425.00
Treasury Note
912828X28
2.750%
03/24/23
06/30/25
2.00
3.825%
$ 3,000,000.00
$
2,930,390.63
Treasury Note
91282CEY3
3.000%
03/24/23
07/15/25
2.04
3.811%
$ 31000,000.00
$
2,946,562.50
Treasury Note
91292SY79
2.875%
05/18/23
07/31/25
2.09
4.011%
$ 3,000,000.00
$
2,928,690.00
Treasury Note
912828420
2.750%
05/26/23
08/31/25
2.17
4.331%
$ 3,000,000.00
$
2,898,690.00
Treasury Note
91282CFK2
3.500%
05/26/23
09/15/25
2.21
4.326%
$ 3,000,000.00
$
2,946,093.75
$ 159,000,000.00
$
156,326,823.77
30.37%
Regions Bank Money Market
$
5,257,555.69
1.02%
Regions Bank Lockbox Accounts
$
693,565.93
0.13%
TO Bank Checking Account
$
29,047,986.29
5.64%
BankUnited Money Market
$
21,853,747.21
4.25%
Valley National Bank Government Interest Checking
$
19,646,638.58
3.82%
Marine Bank Business Money Market
$
5,088,391.47
0.99%
Florida Trust Day to Day Fund
$
27,145,082.59
5.27%
FL STAR
$
20,833,693.46
4.05%
FL CLASS - BOCC Funds
$
30,980,048.28
6.02%
Total General Cash & Equivalents
- Unrestricted
$
506,348,143.27
Restricted Cash - Landfill
FL CLASS -Landfill Closure & Postdosure Reserves
Total Pooled Cash & Equivalents
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds.
$ 8,327,912.69 1.62%
$ 514,676,055.96 100.00%
$436,569.89
$515,112,625.85
2 of 2 30
Schedule 2
Indian River County, Florida
Board of County Commissioners
Investment By Maturity Date
June 30, 2023
31
06/30/23
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type
CUSIP
Yield
Date
Date
M�'t y
Maturity
Par Amount
Book Value
Mo Cash Flow
FNMA Bullet
3135GOSG4
0.250%
09/29/21
07/10/23
0.03
0.250%
$
3,000,000.00
$
3,000,000.00
FNMA Bullet
3135GOSG4
0.250%
11/22/21
07/10/23
0.03
0.367%
$
3,000,000.00
$
2,994,300.00
FFCB Bullet
3133EMS37
0.125%
11/16/21
07/14/23
0.04
0.429%
$
3,000,000.00
$
2,984,940.00
Treasury Note
912828ZY9
0.125%
05/17/21
07/15/23
0.04
0.169%
$
6,000,000.00
$
5,994,360.00
Treasury Note
912828S92
1.250%
02/15/22
07/31/23
0.08
1.392%
$
3,000,000.00
$
2,993,850.00
Treasury Note
91282CCN9
0.125%
11/16/21
07/31/23
0.08
0.451%
$
3,000,000.00
$
2,983,380.00
$ 21,000,000.00
FHLBCallable
3130AN7N4
0.220%
08/10/21
08/10/23
0.11
0.220%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CAFS
0.125%
OS/26/21
08/1S/23
0.13
0.175%
$
6,000,OOo.00
$
5,993,400.00
FNMA Callable
3135GOST6
0.350%
11/18/21
08/18/23
0.13
0.488%
$
3,000,000.00
$
2,992,770.00
FHLMC Bullet
3137EAEV7
0.250%
11/22/21
08/24/23
0.15
0.433%
$
3,000,000.00
$
2,990,400.00
Treasury Note
912820003
0.125%
09/27/21
08/31/23
0.17
0.262%
$
4,W0,0DO.00
$
3,989,520.00
$ 19,000,000.00
FFCB Callable
3133EL5J9
0.300%
12/03/21
09/01/23
0.17
0.503%
$
3,000,000.00
$
2,989,440.00
FHLB Bullet
3130AIXD6
0.125%
09/28/21
09/08/23
0.19
0.275%
$
3,000,000.0
$
2,991,300.00
FHLMC Bullet
3137EAEWS
0.250%
09/26/21
09/08/23
0.19
0.276%
$
3,000,OW.00
$
2,998,500.00
Treasury Note
91282CAK7
0.125%
05/20/21
09/15/23
0.21
0.181%
$
6,000,000.00
$
5,992,200.00
Treasury Note
912828T26
1.375%
02/15/22
09/30/23
0.25
1.482%
$
3,000,000.00
$
2,994,843.75
Treasury Note
91282CDA6
0.250%
10/19/21
09/30/23
0.25
0.405%
$
3,000,000.00
$
2,991,000.00
$ 21,000,000.00
FFCB Bullet
3133ENAL4
0.290%
12/03/21
10/12/23
0.28
0.578%
$
3,000,000.00
$
2,984,070.00
Treasury Note
91282CAP6
0.125%
08/23/21
10/15/23
0.29
0.250%
$
3,000,000.00
$
2,991,960.00
Treasury Note
91282CAP6
0.125%
11/16/21
10/SS/23
0.29
0.499%
$
3,000,000.00
$
2,978,700.00
FHLMC Bullet
3137EAEYI
0.125%
11/18/21
10/16/23
0.30
0.505%
$
3,000,000.00
$
2,978,340.00
FFCB Callable
3133ENBN9
0.340%
10/20/21
10/20/23
0.31
0.340%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CDDO
0.37S%
11/01/21
10/31/23
0.34
0.501%
$
3,000,000.00
$
2,992,500.00
$ 18,000,000.00
FHLMC Callable
3134GW6E1
0.320%
07/06/21
11/02/23
0.34
0.320%
$
3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAEZB
0.250%
10/08/21
11/06/23
0.35
0.286%
$
3,000,000.00
$
2,997,750.00
FHLMC Bullet
3137EAEZB
0.250%
11/24/21
11/06/23
0.35
0.579%
$
3,000,000.00
$
2,980,890.00
Treasury Note
91282CAW1
0.25096
09/27/21
11/15/23
0.38
0.306%
$
4,000,000.00
$
3,995,200.00
$ 13,000,000.00
FHLB Callable
313OAQDWO
0.650%
12/29/21
12/29/23
0.50
0.650%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
313OAQST6
0.750%
12/29/21
12/29/23
0.50
0.750%
$
3,000,000.0
$
3,000,000.00
$ 6,000,000.00
FFCB Callable
3133ENSX4
5.070%
01/11/23
01/11/24
0.53
5.070%
$
3,000,000.0
$
3,000,DW.00
Treasury Note
91282CBED
0.125%
07/09/21
01/15/24
0.55
0.271%
$
3,000,000.0
$
2,989,050.00
Treasury Note
91282CBEO
0.125%
11/16/21
01/15/24
0.55
0.596%
$
3,000,000.00
$
2,969,700.00
Treasury Note
9128285Z9
2.500%
12/13/22
01/31/24
0.59
4.675%
$
3,000,000.00
$
2,928,699.00
Treasury Note
91282CDVO
0.875%
05/19/22
01/31/24
0.59
2.588%
$
2,000,000.00
$
1,943,320.00
Treasury Note
91282CDVO
0.875%
03/23/22
01/31/24
0.59
2.158%
$
3,000,000.00
$
2,930,190.00
$ 17,000,000.00
FFCB Bullet
3133ENNJS
1.180%
02/09/22
02/09/24
0.61
1.180%
$
3,000,000.00
$
3,000,OW.00
Treasury Note
91282CBM2
0.125%
07/09/21
02/15/24
0.63
0.288%
$
3,000,000.00
$
2,987,343.75
FHLB Callable
3130ANFPO
0.350%
08/23/21
02/23/24
0.65
0.350%
$
3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMRZ7
0.250%
09/14/21
02/26/24
0.66
0.291%
$
3,000,000.00
$
2,997,000.00
Treasury Note
912828W48
2.125%
03/03/23
02/29/24
0.67
5.194%
$
3,000,000.00
$
2,912,100.00
Treasury Note
91282CEAS
1.50096
03/23/22
02/29/24
0.67
2.154%
$
3,000,000.00
$
2,962,968.75
$ 18,000,000.00
FFCB Callable
3133ENQX1
1.67096
03/08/22
03/08/24
0.69
1.670%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130APXNO
0.820%
12/14/21
03/14/24
0.71
0.82096
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CBR1
0.250%
10/19/21
03/15/24
0.71
0.547%
$
3,000,000.00
$
2,978,700.00
Treasury Note
91282CHR1
0.250%
08/23/21
03/15/24
0.71
0.327%
$
3,000,000.00
$
2,994,090.00
FHLMC Callable
3134GXMM3
1.85096
03/22/22
03/22/24
0.73
1.850%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXPH1
2.020%
03/30/22
03/28/24
0.75
2.02096
$
3,000,000.00
$
3,000,000.00
$ 18,000,000.00
Treasury Note
91282CBV2
0.375%
09/27/21
04/15/24
0.79
0.418%
$
4,ODO,000.W
$
3,995,640.00
Treasury Note
91282CBV2
0.375%
10/19/21
04/15/24
0.79
O.S72%
$
3,000,000.00
$
2,985,450.00
FNMACallable
3136G47L1
0.350%
09/28/21
04/26/24
0.82
0.434%
$
3,000,000.00
$
2,993,520.00
FHLB Callable
3130ARNK3
2.625%
04/29/22
04/26/24
0.82
2.625%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMV33
0.300%
06/29/21
04/29/24
0.83
0.300%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CEK3
2.500%
12/09/22
04/30/24
0.84
4.596%
$
3,000,000.00
$
2,916,045.00
$ 19,000,000.00
FFCB Callable
3133ENCVO
0.670%
11/02/21
05/02/24
0.84
0.67096
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CCC3
0.250%
12/03/21
05/15/24
0.88
0.770%
$
3,000,000.00
$
2,962,170.00
Treasury Note
91282CCC3
0.250%
08/23/21
OS/1S/24
0.88
0.375%
$
3,000,000.00
$
2,989,860.00
FFCB Bullet
3133ENWPI
2.625%
06/01/23
05/16/24
0.88
5.213%
$
3,000,000.00
$
2,928,300.00
FHLMC Callable
3134GXUHS
3.000%
05/27/22
05/24/24
0.90
3.000%
$
3,000,000.00
$
3,000,000.00
Treasury Note
912828XT2
2.000%
04/07/22
05/31/24
0.92
2.552%
$
3,ODO,000.00
$
2,965,560.00
$ 18,000,000.00
FHLB Callable
3130AMMM3
0.375%
06/03/21
06/03/24
0.93
0.375%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMLM2
0.375%
06/07/21
06/07/24
0.94
0.375%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMKX9
0.400%
06/07/21
06/07/24
0.94
0.400%
$
3,000,000.00
$
3,000,000.00
FHLBCallable
3130AMK74
0.400%
06/10/21
06/10/24
OAS
0.400%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130APYDI
0.900%
12/14/21
06/14/24
0.96
0.900%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMSFO
0.400%
07/01/21
06/28/24
1.00
0.471%
$
3,000,000.00
$
2,993,700.00
$ 18,000,000.00
FHLB Callable
3130AMXQO
0.475%
07/12/21
07/12/24
1.04
0.475%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMZ88
0.520%
07/12/21
07/12/24
1.04
0.520%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CCL3
0.375%
10/08/21
07/15/24
1.04
0.500%
$
3,000,000.00
$
2,989,710.00
Treasury Note
912828Y87
1.750%
12/13/22
07/31/24
1.09
4.529%
$
3,000,000.00
$
2,870,100.00
Treasury Note
9128282N9
2.125%
11/30/22
07/31/24
1.09
4.642%
$
3,000,000.00
$
2,880,000.00
Treasury Note
9128282N9
2.125%
07/19/22
07/31/24
1.09
3.157%
$
2,000,000.00
$
1,959,660.0
$ 17,000,000.00
Treasury Note
91282CCF6
0.375%
12/03/21
08/15/24
1.13
0.825%
$
3,000,000.00
$
2,964,000.00
FFCB Bullet
3133ENG20
3.300%
11/07/22
08/15/24
1.13
4.787%
$
3,000,000.00
$
2,924,910.00
FHLB Callable
3130APQVO
1.000%
11/16/21
08/16/24
1.13
1.000%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130APBS2
1.000%
11/23/21
08/23/24
1.15
1.000%
$
3,000,W0.00
$
3,000,000.00
FFCB Bullet
3133ENJ94
3.375%
03/24/23
08/26/24
1.16
3.957%
$
3,000,000.00
$
2,976,000.00
FHLMC Callable
3134GY3X8
S.100%
11/30/22
08/30/24
1.17
5.104%
$
2,000,000.00
$
2,000,000.00
Treasury Note
91282821.13
1.875%
10/06/22
08/31/24
1.17
4.198%
$
2,000,000.00
$
1,915,936.0
$ 19,000,000.00
FFCB Callable
3133ENQC7
1.940%
03/03/22
09/03/24
1.18
1.940%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANVAS
0.500%
09/10/21
09/10/24
1.20
O.S00%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXT61
4.000%
09/13/22
09/13/24
1.21
4.000%
$
2,000,000.00
$
2,000,000.00
FHLB Callable
3130ANRP7
0.500%
09/13/21
09/13/24
1.21
0.500%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GYA69
5.000%
12/27/22
09/27/24
1.25
S.WS%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GX3D4
4.500%
09/30/22
09/30/24
1.25
4.500%
$
2,000,000.00
$
2,000,000.00
FHLMC Callable
3134GX06
3.500%
06/30/22
09/30/24
1.25
3.500%
$
2,000,000.00
$
2,000,000.00
$ 18,000,000.00
1 of
31
2of2 32
Schedule 2
Indian River
County, Florida
Board of County Commissioners
Investment By Maturity Date
June
30, 2023
06/30/23
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type CUSIP
Yield
Date
Date
MaturityMaturity
Par Amount
Book Value
Mo Cash Flow
FHLB Bullet 3130ATT31
4.500%
11/07/22
10/03/24
1.26
4.817%
$ 3,000,000.00
$
2,982,930.00
FFCB Callable 3133ENS68
4.620%
10/17/22
10/17/24
1.30
4.620%
$ 2,000,000.00
$
2,000,000.00
FHLMC Callable 3134GXBB
4.000%
07/18/22
10/18/24
1.30
4.000%
$ 2,000,000.00
$
2,000,000.00
FHLB Callable 3130APAA3
0.555%
10/21/21
10/21/24
1.31
0.555%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet 3133ENCA6
0.700%
10/25/21
10/25/24
1.32
0.700%
$ 3,000,000.00
$
3,000,000.00
Treasury Note 9282CF0.9
4.375%
12/01/22
10/31/24
1.34
4.572%
$ 3,000,000.00
$
2,989,170.00
$ 16,000,000.00
FHLMC Callable 3134GXRCO
3.000%
05/05/22
11/05/24
1.35
3.000%
$ 3,000,000.00
$
3,000,000.00
FNMA Callable 3135GHP9
5.100%
05/15/23
11/15/24
1.38
S.100%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable 3134GXK86
4.000%
08/18/22
11/18/24
1.39
4.000%
$ 2,000,000.00
$
2,000,000.00
$ 8,000,000.00
FNMA Bullet 313SGOX24
1.625%
01/31/23
01/07/25
1.53
4.307%
$ 3,000,000.00
$
2,852,250.00
FHLB Callable 3130ATME4
5.000%
10/27/22
01/27/25
1.58
5.000%
$ 2,000,000.00
$
2,000,000.00
Treasury Note 91282CGGO
4.125%
03/03/23
01/31/25
1.59
4.954%
$ 3,000,000.00
$
2,955,000.00
Treasury Note 9128283VO
2.500%
11/18/22
01/31/25
1.59
4.403%
$ 3,000,000.00
$
2,881,350.00
$ 11,000,000.00
FHLMC Callable 3134GYJ29
5.150%
02/17/23
02/14/25
1.63
5.195%
$ 3,000,000.00
$
2,997,450.00
Treasury Note 91282CDZ1
1.500%
11/18/22
02/15/25
1.63
4.413%
$ 3,000,000.00
$
2,815,320.00
Treasury Note 912828X7
1.125%
11/30/22
02/28/25
1.67
4.398%
$ 3,000,000.00
$
2,791,875.00
$ 9,000,000.00
FFCB Bullet 3133EPFL4
4.000%
04/26/23
03/10/25
1.70
4.185%
$ 3,000,000.00
$
2,990,160.00
FHLMC Callable 3134GYLEO
5.350%
03/14/23
03/14/25
1.71
5.350%
$ 3,000,000.00
$
3,000,000.00
Treasury Note 91282CED9
1.750%
12/01/22
03/15/25
1.71
4.446%
$ 3,000,000.00
$
2,825,859.38
FHLMC Callable 3134GYU19
5.375%
06/28/23
03/28/25
1.75
5.380%
$ 3,000,000.00
$
3,000,000.00
$ 12,000,000.00
Treasury Note 91282CEHO
2.625%
12/12/22
04/15/25
1.79
4.220%
$ 3,000,000.00
$
2,894,296.88
Treasury Note 9128284M9
2.875%
12/12/22
04/30/25
1.84
4.206%
$ 3,000,000.00
$
2,910,234.38
$ 6,000,000.00
Treasury Note 91282CEQO
2.750%
01/31/23
05/15/25
1.88
4.149%
$ 3,000,000.00
$
2,909,220.00
Treasury Note 9128284RB
2.875%
05/18/23
05/31/25
1.92
4.090%
$ 3,000,000.00
$
2,929,440.00
$ 6,000,000.00
Treasury Note 91282CEU1
2.875%
02/17/23
06/15/25
1.96
4.500%
$ 3,000,000.00
$
2,893,425.00
Treasury Note 912828XZ8
2.750%
03/24/23
06/30/25
2.00
3.825%
$ 3,000,000.00
$
2,930,390.63
$ 6,000,000.00
Treasury Note 91282CEY3
3.000%
03/24/23
07/15/25
2.04
3.811%
$ 3,000,000.00
$
2,946,562.50
Treasury Note 912828Y79
2.875%
05/18/23
07/31/25
2.09
4.011%
$ 3,000,000.00
$
2,928,690.00
$ 6,000,000.00
FNMACallable 3135GAO(7
3.850%
04/26/23
08/28/25
2.16
4.520%
$ 3,000,000.00
$
2,955,690.00
Treasury Note 9128294ZO
2.750%
05/26/23
08/31/25
2.17
4.331%
$ 3,000,000.00
$
2,898,690.00
$ 6,000,000.00
Treasury Note 91282CFK2
3.500%
05/26/23
09/15/25
2.21
4.326%
$ 3,000,000.00
$
2,946,093.75
$ 3,000,000.00
Sub Total- General Investments
5 349,000,000.00
$
345,801,433.77
$ 349,000,000.00
Regions Bank Money Market
$5,257,555.69
Regions Lockbox Accounts
$693,565.93
TD Bank Checking Account
$29,047,986.29
BankUnited Money Market
$21,853,747.21
Valley National Bank Government Interest Checking
$19,646,638.58
Marine Bank Business Money Market
$5,088,391.47
Florida Trust Day to Day Fund
$27,145,082.59
FL STAR
$20,833,693.46
FL CLASS - BOCC Funds
$30,980,048.28
Total General Cash & Equivalents - Unrestricted
S
506,348,143.27
Restricted Cash - Landfill
FL CLASS -Landfill Closure 8 Postclosure Reserves
$
8,327,912.69
Total Pooled Cash & Equivalents
$
514,676,055.96
Restricted Cash - Housing Account
$436,569.89
Total Portfolio
$
515,112,625.85
Note: See separate investment report for OPEB funds.
2of2 32
Schedule 3
Indian River County
Portfolio By Maturity Date
June 30, 2023
$+100.000,000
$374,408,213
$350,000,000
$300A001000 . .
$250,000,000
$200,000,000
$150,000,000
$126,028,607
$100,000,000
$SOA00Aoo
$14,675,726
$O
0-12 m elm 1! 74 moldm 25•ii Millis
Total Portfolio $515,112,626
S
{
I
33'
FL Trus
5.27%
Treasury
Schedule 4
Indian River County
Portfolio By Type
June 30, 2023
2%
iecking
13.21%
1.48%
34
Schedule 5
Indian River County
Investment Purchases and Calls/Maturities
Quarter Ending
June 30, 2023
PURCHASES:
Investment
Description
Yield to Maturi
Purchase Date
Call Date
Maturity Date
Par Amount
Book Value
FFCB Bullet
4.185%
04/26/23
03/10/25
$ 3,000,000.00
$ 2,990,160.00
FNMA Callable
4.520%
04/26/23
08/28/23
08/28/25
$ 3,000,000.00
$ 2,955,690.00
FNMA Callable
5.100%
05/15/23
11/15/23
11/15/24
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
4.090%
05/18/23
05/31/25
$ 3,000,000.00
$ 2,928,690.00
Treasury Note
4.011%
05/18/23
07/31/25
$ 3,000,000.00
$ 2,929,440.00
Treasury Note
4.331%
05/26/23
08/31/25
$ 3,000,000.00
$ 2,898,690.00
Treasury Note
4.326%
05/26/23
09/15/25
$ 3,000,000.00
$ 2,946,093.75
FFCB Bullet
5.213%
06/01/23
05/16/24
$ 3,000,000.00
$ 2,928,300.00
FHLMC Callable
5.380%
06/28/23
03/28/24
03/28/25
1
$ 3,000,000.00
$ 3,000,000.00
9
LL27,000,000.00
$ 26,577,063.75
MATURITIES:
Investment
Description
Yield to Maturity
Purchase Date
Early
Call Date
Maturity Date
Par Amount
Book Value
Treasury Note
0.445%
12/13/21
04/15/23
$ 3,000,000.00
$ 2,992,200.00
Treasury Note
1.220%
02/24/22
04/15/23
$ 3,000,000.00
$ 2,966,250.00
FHLMC Bullet
0.398%
11/24/21
04/20/23
$ 3,000,000.00
$ 2,999,040.00
FHLB Callable
0.180%
04/28/21
04/28/23
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
0.311%
10/26/21
04/30/23
$ 3,000,000.00
$ 2,991,600.00
FFCB Bullet
0.225%
07/01/21
05/09/23
$ 3,000,000.00
$ 2,995,260.00
FFCB Bullet
0.160%
05/10/21
05/10/23
$ 3,000,000.00
$ 2,997,900.00
Treasury Note
1.259%
02/14/22
05/15/23
$ 3,000,000.00
$ 2,958,000.00
FNMA Bullet
1.540%
03/18/22
05/22/23
$ 3,000,000.00
$ 2,955,000.00
FNMA Bullet
0.375%
11/12/21
05/22/23
$ 3,000,000.00
$ 2,994,300.00
FHLMC Callable
0.250%
11/22/22
05/22/23
05/22/24
$ 3,000,000.00
$ 3,000,000.00
FHLMC Callable
5.000%
12/02/20
06/01/23
$ 3,000,000.00
$ 3,000,000.00
FHLB Bullet
0.183%
07/09/21
06/02/23
$ 3,000,000.00
$ 2,996,700.00
FFCB Callable
0.200%
12/15/20
06/15/23
$ 3,000,000.00
$ 3,000,000.00
FHLMC Bullet
0.334%
10/20/21
06/26/23
$ 3,000,000.00
$ 2,995,770.00
FHLB Callable
0.155%
12/30/20
06/30/23
$ 3,000,000.00
$ 3,000,000.00
16
$ 48,000,000.00
$ 47,842,020.00
Reconciliation of General Investments Only:
Beginning portfolio (3/31/23) $ 367,066,390.02
Total purchased 9 securities $ 26,577,063.75
Total matured 16 securities $ 47,842 020.00
Ending portfolio for quarter 6/30/23 $ 345 801 433.77
1oft 35
7
October
November
December
January
February
March
April
May
June
July
August
September
Net cash flow
October
November
December
January
February
March
April
May
June
July
August
September
Net cash flow
Schedule 6
Indian River County
Change in Monthly Cash Flows For All Pooled Cash/investment Accounts
Comparison of Six Fiscal Years
June 30, 2023
$ 29,278,971 $ 10,458,944 $ 12,246,355
Fiscal Year 2017-2018
Net Chane
Net Chane
Month End Bal*
$
(7,971,324)
$ 331,604,874
$
33,131,597
$ 364,736,471
$
41,846,074
$ 406,582,545
$
(5,758,898)
$ 400,823,647
$
5,191,358
$ 406,015,005
$
(4,784,411)
$ 401,230,594
$
1,577,951
$ 402,808,545
$
(6,945,787)
$ 395,862,758
$
(9,710,169)
$ 386,152,589
$
(2,464,004)
$ 383,688,585
$
(8,022,779)
$ 375,665,806
$
6,810,637
$ 368,855,169
$ 29,278,971 $ 10,458,944 $ 12,246,355
Fiscal Year 2018-2019
Net Chane
Month End Bal*
$
(6,577,674)
$ 362,277,495
$
48,128,205
$ 410,405,700
$
31,350,078
$ 441,755,778
$
(9,877,034)
$ 431,878,744
$
2,964,540
$ 434,843,284
$
(2,750,051)
$ 432,093,233
$
(3,802,746)
$ 428,290,487
$
(8,379,243)
$ 419,911,244
$
(9,758,699)
$ 410,152,545
$
(13,728,763)
$ 396,423,782
$
(11,767,333)
$ 384,656,449
$
5,342,336
$ 379,314,113
$ 29,278,971 $ 10,458,944 $ 12,246,355
Fiscal Year 2019-2020
Net Change
Net Chane
Net Chane
Month End Bal*
$
(9,260,244)
$
370,053,869
$
39,158,339
$
409,212,208
$
47,023,081
$
456,235,289
$
(6,941,131)
$
449,294,158
$
(1,465,745)
$
447,828,413
$
(5,997,667)
$
441,830,746
$
(5,331,833)
$
436,498,913
$
(10,937,819)
$
425,561,094
$
(13,546,695)
$
412,014,399
$
(3,248,804)
$
408,765,595
$
(7,041,321)
$
401,724,274
$
10,163,806
$
391,560,468
$ 29,278,971 $ 10,458,944 $ 12,246,355
36,762,945 $ 28,286,769 $ 51,794,410
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
36
Fiscal Year 2020-2021
Net Change
Net Chane
$
Month End Bal*
$
(8,561,737)
$
382,998,731
$
39,238,741
$
422,237,472
$
57,117,548
$
479,355,020
$
(6,119,043)
$
473,235,977
$
12,395,392
$
485,631,369
$
(12,127,894)
$
473,503,475
$
(9,006,651)
$
464,496,824
$
295,126
$
464,791,950
$
(5,748,174)
$
459,043,776
$
(11,764,390)
$
447,279,386
$
(11,517,721)
$
435,761,665
$
7,438,252
$
428,323,413
36,762,945 $ 28,286,769 $ 51,794,410
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
36
Fiscal Year 2021-2022
Net Change
Month End Bal*
$
302,966
$ 428,626,379
$
63,526,149
$ 492,152,528
$
25,611,495
$ 517,764,023
$
872,988
$ 518,637,011
$
(7,201,984)
$ 511,435,027
$
(17,106,146)
$ 494,328,881
$
(11,640,607)
$ 482,688,274
$
(5,845,338)
$ 476,842,936
$
(9,580,769)
$ 467,262,167
$
6,361,893
$ 473,624,060
$
(5,770,624)
$ 467,853,436
$
(11,243,254)
$ 456,610,182
36,762,945 $ 28,286,769 $ 51,794,410
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
36
Fiscal Year 2022-2023
Net Change
Month End Bal*
$
(11,358,975)
$ 445,251,207
$
81,589,406
$ 526,840,613
$
23,718,570
$ 550,559,183
$
(3,315,030)
$ 547,244,153
$
(5,588,003)
$ 541,656,150
$
(8,973,954)
$ 532,682,196
$
(5,667,237)
$ 527,014,959
$
(4,896,353)
$ 522,118,606
$
(13,714,014)
$ 508,404,592
36,762,945 $ 28,286,769 $ 51,794,410
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
36
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Schedule 8
Indian River County
Allocation of Pooled Cash and Investments By Fund Types
Balance in Funds as of June 30, 2023
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Fund
Solid Waste Fund
Golf Course Fund
Building Fund
Utilities Funds
Fleet Fund
Insurance Funds
Information Technology Fund
Fiduciary Fund
Total Investments
Pooled Investments
$
112,492,074
$
137,555,292
$
597,786
$
95,007,910
$
38,032,860
$
3,473,506
$
7,052,421
$
73,461,399
$
113,349
$
35,958,261
$
3,013,143
$
1,646,591
$
508,404,592
Schedule includes all pooled investments, FMV adjustments, and cash in bank.
Excludes Section 8 HUD bank account.
Schedule does not include OPEB investments - see separate report.
38
Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
TO: Board of County Commissioners
FROM: Elissa Nagy, Chief Deputy Comptroller
THROUGH: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
DATE: August 17, 2023
SUBJECT: County Capital Asset Inventories
,roupry �•
4 G,p
t
n c
r
4AhF�anne� 3'�a
Annual physical inventories of capital assets are conducted for all Board departments as well as
the Clerk of the Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and
Tax Collector. Per Florida Statute 274.02, The Comptroller Division has completed a detailed
physical inventory of approximately 3,500 assets with a current book value of $38,251,307. Assets
to be removed from the inventory must be presented to the Board for approval per Florida Statute
274.07. Attached is the list of non -surplus items that must be removed based on the completed
physical inventories.
Recommendation:
Staff recommends approval to remove the list of assets from the inventory system.
39
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le
Ryan L. Butler
Clerk of Circuit Court & Comptroller
1801 271h Street
Vero Beach, FL 32960
Telephone: (772) 226-3100
TO: Board of County Commissioners
FROM: Elissa Nagy, Chief Deputy Comptroller
THROUGH: Ryan L. Butler, Clerk of Circuit Court Et Comptroller
DATE: August 21, 2023
SUBJECT: Indian River County Grant Contract Subrecipient Awards
I
As part of the federal government requirement under 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements
must be entered into and approved by the Board of County Commissioners for any
new grants or updates to current grants. Based on the classification of grant
recipients, the Treasure Coast Homeless Services Council (TCHSC) is classified as a
grant subrecipient. On June 20, 2023, the Board approved Housing and Urban
Development (HUD) grant renewals in the amount of $1,121,976. Per the
requirements of the Uniform Grant Guidance, a subrecipient grant agreement must
be approved with the TCHSC that encompasses these newly approved grants.
Recommendation: Approve the Indian River County Grant Contract Subrecipient
Award agreement with the TCHSC and execute any related documents.
41
Indian River County Grant Contract
Subrecipient Award
This Grant Contract ("Contract") entered into effective this August 29th, 2023 by and between Indian
River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960
("County') and Treasure Coast Homeless Services Council, Inc.
("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960, for Continuum of Care grants.
Background Recitals
A. The County received Continuum of Care grants see attached list — Exhibit A ("Award") from
the Department of Housing and Urban Development (HUD) on March 28, 2023.
B. The Awards are for homeless rental assistance and homeless management information
system (i.e., administration of the programs).
C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, are set forth
in the attached list — Exhibit A.
D. The Assistance Listing Number (ALN) for the Awards, if applicable, is set forth in the attached
list — Exhibit A. The total dollar amount made available under the Awards is $1,121,976.
E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal
regulations is up to 10 percent on rental assistance grants; however 7% has been agreed
upon between the County and subrecipient.
F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money
("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions
set forth herein.
G. The County has agreed to provide such Grant funds to the Subrecipient or Subrecipient's
County -approved designee for the Grant Period (as such term is hereinafter defined) on the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and
other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the parties agree as follows:
1. Background Recitals. The background recitals are true and correct and form a
material part of this Contract.
2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the
complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and
incorporated herein by this reference (such purposes hereinafter referenced as "Grant
Purposes").
3. Research and Development. The award under this Contract is not for research
activities, both basic and applied, and all development activities that are performed by
non -Federal entities. The term research also includes activities involving the training of
individuals in research techniques where such activities utilize the same facilities as
other research and development activities and where such activities are not included
in the instruction function.
42
4. Term. The Subrecipient acknowledges and agrees that the Grant is limited to the
fiscal year(s) set forth in the attached list ("Grant Period") — Exhibit A. The Grant
Period and performance start date commences on the date set forth in the attached
list — Exhibit A.
5. Grant Funds and Payment. The approved Grants for the Grant Period is $1,121,976.
The amount of federal funds obligated under this Contract by the County to the
Subrecipient is $1,121,976. The total amount of the Awards committed to the
Subrecipient by the County is $1,121,976. The total amount of federal funds obligated
to the Subrecipient by the County, including the current obligation is $1,121,976. The
County agrees to reimburse the Subrecipient or Subrecipient's County approved
designee from such Grant funds for actual documented costs incurred for Grant
Purposes provided in accordance with this Contract. Reimbursement requests may
be made no more frequently than monthly. Each reimbursement request shall contain
the information, at a minimum, that is set forth in Exhibit "C" attached hereto and
incorporated herein by this reference. All reimbursement requests are subject to audit
by the County. In addition, the County may require additional documentation of
expenditures, as it deems appropriate.
Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the
federal award. (The rate shall be based on either the County's federally negotiated
indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified
total direct costs)
7. Additional Obligations of Subrecipient.
7.1 Records. The Subrecipient shall maintain adequate internal controls in order to
safeguard the Grant. In addition, the Subrecipient shall maintain adequate records
fully to document the use of the Grant funds for at least three (3) years after the
expiration of the Grant Period. The County and its auditors shall have access to all
books, records, documents and financial statements as required by the County to
meet federal requirements or by this Section for the purpose of inspection or audit
during normal business hours at the County's expense, upon five (5) days prior written
notice.
7.2 Compliance with Laws. The Subrecipient shall comply at all times with all
applicable federal, state, and local laws, rules, and regulations, including Title 2 US
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida
Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions
of the Award.
Subrecipient is registered with and will use the Department of Homeland Security's
E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly
hired employees for the duration of this agreement, as required by Section 448.095,
F.S. Subrecipient is also responsible for obtaining proof of E -Verify registration and
utilization for all subcontractors.
7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance
Reports to the Finance Department of the County within 90 days following the
completion of the grant. These reports should include but not limited to grant
expenses and other statistics as required by the grants during the quarter, and the
progress the agency has made toward meeting their goals and objectives as they
stated in their RFP response.
43
7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate
from all Indian River County government funding sources, the Subrecipient is required
to have an audit completed by an independent certified public accountant at the end of
the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal
year, the Subrecipient shall submit the audit to the Indian River County Office of
Management and Budget. The Office of Management and Budget may extend the
180 day audit submittal requirement, based upon a written request justifying the
extension and if deemed to be in the best interest of the County. The extension will
typically not exceed the three (3) months from the original due date. The fiscal year
will be as reported on the application for funding, and the Subrecipient agrees to notify
the County prior to any change in the fiscal period of Subrecipient. The Subrecipient
acknowledges that the County may deny funding to any Subrecipient if an audit
required by this Contract for a prior fiscal year is past due and has not been submitted
within the 180 day period (or extension period). If Subrecipient expends $750,000 in
Federal Awards during Subrecipient's fiscal period, a single audit must be conducted
for that fiscal period in accordance with the compliance requirements of Title 2 U.S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a
qualified opinion from their independent auditor, such qualified opinion shall
immediately be provided to the Indian River County Office of Management and
Budget. The qualified opinion shall thereupon be reported to the Board of County
Commissioners and funding under this Contract will cease immediately. The
foregoing termination right is in addition to any other right of the County to terminate
this Contract.
7.4.2 The Indian River County Office of Management and Budget reserves the right
at any time to send a letter to the Subrecipient requesting clarification if there are any
questions regarding a part of the financial statements, audit comments, or notes.
7.5 Insurance Requirements. Subrecipient shall, no later than October 1, provide to
the Indian River County Risk Management Division a certificate or certificates issued
by an insurer or insurers authorized to conduct business in Florida that is rated not
less than category A-: VII by A.M. Best, subject to approval by Indian River County's
risk manager, of the following types and amounts of insurance:
(i) Commercial General Liability Insurance in an amount not less than
$1,000,000 combined single limit for bodily injury and property damage,
including coverage for premises/operations, products/completed operations,
contractual liability, and independent contractors;
(ii) Business Auto Liability Insurance in an amount not less than $1,000,000
per occurrence combined single limit for bodily injury and property damage,
including coverage for owned autos and other vehicles, hired autos and other
vehicles, non -owned autos and other vehicles; and
(iii) Workers' Compensation and Employer's Liability (current Florida statutory
limit)
(iv) In the event that children are supervised, Sexual Molestation Liability
Insurance in an amount not less than $1,000,000 each occurrence/claim.
7.6 Insurance Administration. The insurance certificates, evidencing all required
insurance coverages shall be fully acceptable to County in both form and content,
and shall provide and specify that the related insurance coverage shall not be
cancelled without at least thirty (30) calendar days prior written notice having been
given to the County. In addition, the County may request such other proofs and
assurances as it may reasonably require that the insurance is and at all times
remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole
responsibility to coordinate activities among itself, the County, and the Subrecipient's
insurer(s) so that the insurance certificates are acceptable to and accepted by
County within the time limits set forth in this Contract. The County shall be listed as
an additional insured on all insurance coverage required by this Contract, except
Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior
written request from the County, deliver copies to the County, or make copies
available for the County's inspection at Subrecipient's place of business, of any and
all insurance policies that are required in this Contract. If the Subrecipient fails to
deliver or make copies of the policies available to the County; fails to obtain
replacement insurance or have previous insurance policies reinstated or renewed
upon termination or cancellation of existing required coverages; or fails in any other
regard to obtain coverages sufficient to meet the terms and conditions of this
Contract, then the County may, at its sole option, terminate this Contract.
7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County,
its agents, officials, and employees from and against any and all claims, liabilities,
losses, damage, or causes of action which may arise from any misconduct, negligent
act, or omissions of the Subrecipient, its agents, officers, or employees in connection
with the performance of this Contract.
7.8 Public Records. The Subrecipient agrees to comply with the provisions of
Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient
shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the County in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions
that the County would provide the records and at a cost that does not exceed the
cost provided in chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the Subrecipient upon termination of the
Contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the County in a format that is compatible with the information
technology systems of the County.
Failure of the Subrecipient to comply with these requirements shall be a material
breach of this Agreement.
7.9 Cooperation. The Subrecipient, its directors, managers, employees, and
volunteers shall cooperate with any requests for information relating to this Contract
and the services and programs provided under this Contract by the County or Clerk
of the Circuit Court & Comptroller. Cooperation shall include, but is not limited to,
providing records, answering questions, and participating in interviews by County or
Clerk of Circuit Court & Comptroller staff.
45
The Subrecipient, its directors, managers, employees, and volunteers shall respond
to requests for information within 5 business days, unless the County or Clerk of
Circuit Court & Comptroller agree to an alternative response time.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772)226-1424
PUBLICRECORDSC&-IRCGOV.COM
Indian River County
Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
Termination. Termination in regards to F.S. 287.135: Subrecipient certifies that it and
those related entities of SUBRECIPIENT as defined by Florida law are not on the
Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of
the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this
agreement is for goods or services of one million dollars or more, Subrecipient
certifies that it and those related entities of Subrecipient as defined by Florida law are
not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant
to Section 215.473 of the Florida Statutes and are not engaged in business
operations in Cuba or Syria.
Owner may terminate this Contract if Subrecipient is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or been engaged in business
operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
Owner may terminate this Contract if Subrecipient, including all wholly owned
subsidiaries, majority-owned subsidiaries, and parent companies that exist for the
purpose of making profit, is found to have been placed on the Scrutinized Companies
that Boycott Israel List or is engaged in a boycott of Israel as set forth in section
215.4725, Florida Statutes.
This Contract may be terminated by either party, without cause, upon thirty (30)
days prior written notice to the other party. In addition, the County may terminate
this Contract for convenience upon ten (10) days prior written notice to the
Subrecipient if the County determines that such termination is in the public interest.
46
9. Notice and Contact Information - Except as otherwise provided in this Contract, any
notice required pursuant to this Contract from either party to the other party must be
in writing and sent by certified mail, return receipt requested, or by personal delivery
with receipt. For purposes of all notices, the representatives of the County and
Subrecipient are:
County: Kristin Daniels, Director Office of Management and Budget
Indian River County
1801 271h Street
Building A
Vero Beach, FL 32960
Subrecipient: Rayme Nuckles, Visionary Leader
Treasure Coast Homeless Services Council, Inc.
2525 St. Lucie Avenue
Vero Beach, FL 32960
10. Availability of Funds. The obligations of the County under this Contract are subject
to the availability of funds lawfully appropriated for its purpose by the Board of
County Commissioners of Indian River County.
11. Standard Terms. This Contract is subject to the standard terms attached hereto as
Exhibit D and incorporated herein in its entirety by this reference.
12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's
sovereign immunity.
IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the
date first above written.
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Joseph H. Earman, Chairman
Attest: Ryan L. Butler, Clerk of Circuit Court & Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
Approved:
John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney
SJ(�B CIPIENT:
By, 9 --,-Agency Name: Treasure Coast Homeless
Rayme c les, Visionary Leader Services Council, Inc.
47
Indian River County BOCC
Continuum of Care Grants
EXHIBIT A
Award Date Grant Period
03/28/23 09/01/23-08/31/24
03/28/23 04/01/23-03/31/24
03/28/23 09/01/23-08/31/24
03/28/23 07/01/23-06/30/24
03/28/23 09/01/23-08/31/24
03/28/23 06/01/23-05/31/24
03/28/23 09/01/23-08/31/24
03/28/23 01/01/24-12/31/24
03/28/23 04/01/23-03/31/24
Im
Federal Award ID #
Description/Grant Name
(FAIN)
CFDA#
Amount
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL01131-41-1092210
14.267
$ 118,992
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL01141-41-1092215
14.267
94,992
CONTINUUM
OF CARE - HMIS
FL01161-41-1092215
14.267
35,400
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL0119L4H092215
14.267
361,344
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL03381-41-1092209
14.267
94,992
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL03601-41-1092213
14.267
124,212
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL0380L4H092208
14.267
119,904
CONTINUUM
OF CARE - HMIS
FL04181-411092210
14.267
27,840
CONTINUUM
OF CARE - RENTAL ASSISTANCE
FL04401-41-1092211
14.267
144,300
SUBTOTAL OF AWARDS
$ 1,121,976
EXHIBIT A
Award Date Grant Period
03/28/23 09/01/23-08/31/24
03/28/23 04/01/23-03/31/24
03/28/23 09/01/23-08/31/24
03/28/23 07/01/23-06/30/24
03/28/23 09/01/23-08/31/24
03/28/23 06/01/23-05/31/24
03/28/23 09/01/23-08/31/24
03/28/23 01/01/24-12/31/24
03/28/23 04/01/23-03/31/24
Im
EXHIBIT B
Q5444!3f
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
a
4 -AK �2
OFFICE OF ASSISTANT SECRETARY
FOR COMMUNITY PLANNING AND DEVELOPMENT
March 28, 2023
Ms. Leigh Uribe
Director, County Human Services
Indian River County Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960
Dear Ms. Uribe:
Congratulations! I am delighted to inform you of the funding for your project(s) under
HUD's Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2022 Continuum of Care
Competition and Noncompetitive Award of Youth Homeless Demonstration Program Renewal
and Replacement Grants for a total of $1,121,976.
The CoC Program is an important part of HUD's mission. CoCs around the country will
continue to improve the lives of men, women, and children through their local planning efforts and
through the direct housing and service programs funded under the FY 2022 CoC Program
Competition. Projects like those of your organization, funded through the CoC program, continue
to demonstrate their value by improving accountability and performance every year.
The enclosure provides details about your organization's award(s) including: the name(s) of
the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for
each project. HUD field office staff will notify you when they are available to process grant
agreements; once all conditions are satisfied and the grant agreement is executed, your
organization can expend funds.
HUD commends your organization's work and encourages it to continue to strive for
excellence in the fight to end homelessness.
Sincerely,
Marion McFadden
Principal Deputy Assistant Secretary
Office of Community Planning and Development
www.hud.gov espanoLhud.gov
49
Enclosure
FL01131,411092210
2022CoCWide TRA Renewal
$118,992
FL0I 14L4H092215
2022Alcohope Renewal
$94,992
FL0I 16L4H092215
2022 HMIS Coordinated Entry
$35,400
FL0119L4H092215
2022 New Chronics Renewal
$361,344
FL0338L4H092209
2022 CoCwide TRA TWO
$94,992
FL03601,4H092213
2022 Indian River Chronics
$124,212
FL0380L4H092208
2022 Family Rental Assistance
$119,904
FL0418L4H092210
2022 Data Quality
$27,840
FL0440L4H092211
2022 New Horizons Two
$144,300
Total Amount: $1,121,976
X17
U.& Department of Housing and Urban Development
«s
` Office of Community Planning and Development
# 400 west Bay street
Suite 1015
Jacksonville, FL 32202
"
Olt
Grant Number: FL01131LAB092210
Recipient's Name: hMNM River County Board of County Commissioners
Tax ID Number: 59-
.69W74
Unique Entity Idents (SAM]: FB3SLJJZ38K9
Federal Award Daae: 6/15/2023
CONTINUUMAW CAM PROGR AM .(CDFA# 14.267)
GRANT AGR.EEMO"
This Grant Agreement ("this Agreement`) is made by and between the United States
Department of Housing and Urban Development CMM and Indian River County Board of Ccxmty
Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this
Agreement (the "Grant" or "Gran# Funds"), and the Recipient's opera of projects assisted with
Grant Funds are governed by
1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-1®3, appll+oved M 15, 2022);
2. title IV of the McKinney -Veneto Homeless Assistance Act 42 U.SZ. 11301 et seq. (the "Act");
3. the Continuum of Care Program ndeat 24 CFR part 57.8 (the "Rule"}, as amended from time to
time;
4. and the Notice of Funding Oppor mity far the fiscal year in which the funds were awarded; and
S. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collectively, the "Application").
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are landed by this Agreement. In the event of any conflict between any
application provision and any prove contained in this Agreement, this Agreement shall control.
Capitalized terms that are not defined in this agreement shall have the.itteanings given in do.Rule.
HUD's total finding obligation authorized by this grant agreement is $1.18,992, allocated
between the project(s) listed below (each identified by a separate. grant dumber) and, within those
projects, between budget Zine items, as shown below IU Grant Fun& an individual p oect will
receive are as shown in the Application on the final 11UD4*pwved .Summary Budget for the pmt.
Recipient shall use the Grant Funds provided for the pr*M hsW below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page 1
s
51
f
:..
Cht Tem::: ptoitmanoe
T�#at`Xmo�t
FLA113L4HO 2210; ::: :12monthe W-01-2023-x01-2024'
..... .... .....
:` $1'18,992 _
....... . :i
L
Conti= m of Cue pbnoing activities
$0
b.
< tcquisitian • ::... :::::
....... _..... :.::. .....
$0
......: .....
c.
Rehabilitation
$0 j:
.d:
New:conshuctton:. :... _
%; is
e:
..... ....
Leasing- ::
.:$0•
::..:.... f
Rental assistance
g.
Supportive services ...... .
.... . $O
h.
• Operating' costs.
$0 w. 1:
" l-
Homeless A a .. ment'1b#o=a$ $Vstemi; ::
$0
j,:
Administrative-costs
$0
k..:
Relocatioin Costs = ::: .....:
1.
HPC homelessness ptevendon activities:::
:.
-
Housing relocation andstaliilization services
r
.....
Short term and•medium-teiin rental_ assistance
.... ... ..... ..... ..... ....... ..... .....
`$0
is
..... ....... •�
.. .. -
....... .. .... ..... ..... ..... .....
... ...... .:.: ..... ... ..
... ..... _ 1 ......
3i
.. ...... :..
;...
-w%YWP OV :: espanol.hud.gov
-. :r
..... ...........
.{
-I
. .
.....
Pre-aivard Costs .for Continuum of Care Planning
::The Recipient may, at its own risk; incur pre -award costs for .continuum of -care planniiig
awards, after the date of the HUD selection notice and prior.to the effective date of this Agreement, if
such costs:. a) are consistent: with 2 CFR 200.45.8;.and b) would be :allowable. as:a post=award cost;.
and c) do not exceed 10 percent:of the total funds obligated to this award. The incurrence: of pre
award costs in anticipation of an award imposes no obligation on HUD either to marethe award, or ..=
to increase the amount of the approved budgefi; if the award is made for:less=than the amount.
anticipated and is inadequate to cover the pre -award costs incurred.
Theseovisions apply to allRecipients:•
In.
..... .... ....
If any new projects funded under this Agreement are for project -based rental assistance fora
ier- Ma of -fifteen: (15) yeairs;.the funding provided under.this Agreement is for:the performance: period :.:.
:.
stated herein only. Additional funding is subject to the:availa-ility of annual appropriations.:.:.:
:.
::The budget period:and performance.period of. renewal. projects funded by this: Agreement will
Begin immediately at the end: of the budget period: and performance, period of the: grant :being
renewed: Eligible costs incurred between: the end of Recipient's budget period and performance
:.
= period under, the grant*being renewed andahe dateahis Agreement is -executed -by both poi -ties maybe
reimbursed with Grants Funds from this Agreement. No Grant.Funds for renewal projects maybe -
-� drawn.down byRecipient_before the end date. of the project's budget period and performance period
under the grant that has been renewed.
•: • : = For any transition project funded under this: Agreement the budget period and performance.: :
period of the transition project(s) will. begin immediately.at the end of the Recipient's final operating
year under -the grant -being transitioned_ -Eligible costs, as defined by. the Act: and the Rule: incurred::
between the end of-Recipienes final operating yearunder the grant being transitioned and the
' execution of this Agreement may be paid with funds :from the first operating year of this Agreement
.HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published: on. HUD.gov in the. appropriate: Fiscal Years' CoQ Program. Competition Funding :--.
Availability.page.Notwithstanding anything toahecontrary in the Application or this Agreement,.:.:
Recipient may only use grant funds for HPC Homelessness. Prevention:Activities if the Continuum::-
that designated the. Recipientto: apply for: the grant was designated an HPC for the applicable fiscal:: _
:.: year- - a.:.
......: :..:; :. ....
'Me Recipient must complete the attached "Indirect CostRate Schedule" and - return it to
HM with this Agreement. The. Recipient must provide=HUD with a revised schedule when any ,
change is made to the rate(s) included in the schedule. The schedule and any revisions: HUD receives
:.
from the Recipient will be incorporated into and made part of this Agreement, -provided that each rate
included satisfies the applicable requirements under 2 CFR part 200. (including appendices).
This Agreement shall remain in effect -until the earlier off written a eenient b the parties;.:: ) Y
2) by HUD alone; acting.under the authorityn.
. of 24 CFR:578.107;:3) upoexpiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
iration of the period of availability: of Grant Funds forall projects' rider this'
Agreement,
.... ... ....
.....
wnyw.O!MJO w :: espanoLhud gov :: ; .. Pm03
.. .. ..
55
Department of Housing and Urban Development
Office of Community Planning and Development
! n 400 West Bay Street
Suite 1015
Jacksonville, FL 32202
Grant Number: FL01141AH092215
al woleat's Name: Indian River County Bout of Commissioners
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3S JiZ3M
Federal Award Date: 5/25/2023
CONTINUUM OF CARE PROG ('A# 17)
GRANT AG.REENUNT
This Grant Agreement (gilts Agreement") is imide by and between the United States
Department of Housing and Urban Development ("HUIT) and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "OW
p rods!% and the Recipient's operation of projects assisted with Grant Funds are governed by
1. The. Consolidated Appropriations Act, 2422 (Pub. L. 117403, approved March 1s, 202
2. title IV of the McKinney--Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. ( "Ad" ),
3. the Continuum of Care Program rule at 24 CFR part 519 (* "RW'), as amended froth time to
time;
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; aid.
5. the Recipient's application submissions on the basis of which these Grant Funds were appravd by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collectively, the "Application!).
The Application isincorporated herein as part of this Agreement, except that only the project
(those pn jects) listed below arae €ended by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreemment, +�1
Capitalized terms that ate tit defined in this agreement shall have the -meanings given lir the Rule.
HUD's total funding obligation authorized by this grant agreement is $94,992, allocated
between the projects) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. .110 Grant Fun& an individual pr+t#j
receive are as shown in the Application on the final BUD -approved Summary Budget for the Project
Recipient shall use the Grant Funds provided for the projects listed below, during the budso
period(s) period stated below.
www.hud.gov espanol.hud.gov Page I
57
Grant No. Grant Term Performance Period
Total Amount
FL0I14L4H092215 12 months 04-01-2023 - 03-31-2024
$94,992
a.
Continuum of Care planning activities
$0
b.
Acquisition
$0
c.
Rehabilitation
$0
d.
New construction
$0
e.
Leasing
$0
f.
Rental assistance
$94,992
g.
Supportive services
$0
h.
Operating costs
$0
i.
Homeless Management Information System
$0
j.
Administrative costs
$0
k.
Relocation Costs
$0
1.
HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
{Stmt}
www.hud.gov espanol.hud.gov Page 2
58
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is -inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the fust operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives
from the Recipient will be incorporated into and made part of this Agreement, provided that each rate
included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
59
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
Build America, Buy America Act. The Grantee must comply with the requirements of the
Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices,
as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001),
any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
The Agreement constitutes the entire agreement between the parties and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
60
Agency/Dept./Major Function
Indirect Cost Schedule
Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect.cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov
Page 6
62
e# �' U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 west Bay Street
V, Suite 1015
Jacksonville, FL 32202
Grant Number. FL0116IARS92215
Redpient's Name: Indian River County Board efC000ty Commissioners
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
Federal Award Date: 617/2023
CONTINUUM OF CARE PROGRAM (CI)FA# 14.267)
GRANT AGREE11l INT
This Grant Agreement ("ft AgreemenO. is > by and between the United Stades .
Department of Housing and Urban Development CUM) and Indian River County Board of County
Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this
Agreement (the "Grant" or "Grant Funds'), and the Recipient's operation of projects assisted with
Grant Funds are governed by
1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022);
2. title IV of the Mci o�Vcnto Homeless Assistance Act 42 U.S.C. 1101 et seq. (the "A_ a.0
I the Continuum of Castle Program rule at 24 CPR pant 578 "Rine"), as amended from time to
time;
4. and the Notice of Funding opportunity for the fiscal year in which the funds were awarded; and
5. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and my information
or documentation required to meet any grant award condition (volimtively, the "Application").
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control;
Capitalized terms that are not defined in this agreement shall have the meanings given iaa the Rule.
HUD's total funding obligation authorized by this grant agreement is $35,400, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
peri(As) period stated below.
t4wWAX140v espanol.hud.gov Page l
63
Grant No. Grant Term Performance Period
Total Amount
FLOI 16L4HO92215 12 months 09-01-2023 - 08731-2024
$35,400
A.
Continuum of Care planning activities
$0
b.
Acquisition
$0
c.
Rehabilitation
$0
d.
New construction
$0
e.
Leasing
$0
f.
Rental assistance
$0
g.
Supportive services
$0
h.
Operating costs
$0
i.
Homeless Management Information System
$35,400-
j.
Administrative costs
$0
k.
Relocation Costs
$0
1.
HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
{Stmt}
www.hud.gov espanol.hud.gov Page 2
64
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives
from the Recipient will be incorporated into and made part of this Agreement, provided that each rate
included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud gov Page 3
65
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
Build America, Buy America Act. The Grantee must comply with the requirements of the
Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices,
as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001),
any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
The Agreement constitutes the entire agreement between the parties and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
UT11
Larry Hayes., Director
(Typed Name and Title)
June 7, 2023
(gate)
RECIPIENT
Indian River Com= Board of County Commissioners
(Name of Organization)
.
(�/A YLAiLC
._
(Signatur Authortz t
3 H. Earman ChWUM
(Typed Name and Title of Authorized Official) '•►�;, > ,. ''*
.June 20, 2023.
Mate)
Anwexed by ii�ra Jae 2-I. J@Z3
ATT : Jeffrey R. sn *k Ciak of Court and CampWil r
By: _
Dep ty Clerk
Approved: Approved as to form and legal su ency
By: By. v—
JoW A. Titkani& Jt., CoianTA&uWstrator n eingold, County Attorney
www.hud.gov espanol.hud.gov page 3
67
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type'of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov
Page 6
68
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 west say Street
* Suite 1015
Jacksonville, FL 32202
044
Grant Number: iF'L0119UH092215
Recipient's Name: Indian River County Board.
4C*Mty Commissioners
Tan ID Number: 59-6000674
Unique Entity Identifier [SAM[: FB3SUJ
Federal Award Date: 6/14/2®23
CONTEgUUM OF CARE PROGRAM (COFA# 14,E
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States.
Department of Housing and Urban Development ("HUD") and Indian River County Boat. of County
Commissioners (the "Recipient). This Agreement, the Recipient's use of funds provided w xl er this
Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with
Grant Funds are governed by
1., The Consolidated Appropriations Act, 2022 (F* L.'117-103,sppmved Mtn 15,2022);
2. tine W of ft Money-Wetttn Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"),
3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule'"), as amended fiom time to
time;
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and
5. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collectively, the "Application").
The Application is incorporated herein as part of this Agreement, except that onlythe project
(those projects) listed below are fimded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
Capitalized terms that aft not defined in this agreement shall have the meanings given in the Rule.
HUD's total finding obligation authorized by this grant agreement is $361,344, allocated
between the projects) listed below (each identified by a separate grant number) and, within those
projects, between budget lime items, as shown below.The Grant Funds an individual project will
receive are as shown in the Application on the filial HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page I
69
...
.....:
.
...:: .
Gt 1�Ta ;...... :: Grant Tenn_:= Performance Period : ::• ; ......
TL0119L4H=t5 12 mouths... 07,01-2,023 = 06=30-2024
:-$361,344
..... ..... .....
..... j.:
a.
Continuum of Dire planning activities
�..
SO
b.
Acquitsi
$0....:
C.-
Rehabilitation
4
New: construction
�e:
. ..... .....
Leasing .. ...
• �0
:.. f.
Rental assistance
g.
Supportive• •services
$0
h.-
- Operati g *costs.
;60
Homeless Managemen;*b*wrma# -System•':' -
$0
j.
Admrinistrative•costs
ffi0
::.. 1c..
Relocation Costs:..... ..... ....
-... :. .
c
1.
HPC hometessness prevention activities::
Housing relocation and ilization services • : ......
• • .... SO
Short-term and-h*dnum term rental•assistanci
-7
{
•
..... ..... !. .. ...... .... ...
... .....
i.. I
1
i
..
..... ....... ..... ....
aY1YYNJiAjov
...
Z
-
_. .. ... .......
_ :O ..
I.
i
J
.... ... .. ..... ..... ..... .....
Pre-award Costs for Continuum of Care Planning
The Recipient may, at: its own risk, incur preaward costs for :continuum of care: planning:
::awards, after the date of the HUD selection notice :and prior to the effective date. of this Agreement,.if
such costs:. a) are consistent with 2 CFR 200.458;.and b) would be allowable. asa post-award cost;
and c) do.not exceed 10 percent of the total fluids obligated to this award. The incurrence of pre-
award
reaward costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount .of the approved budget, if the award is made for .less than the: amount .. • • •• j
anticipated and is inadequate to cover the pre_award- costs incurred.
These provisions apply to a11:Recipients::
s
If any new projects funded under this Agreement are for project-based rental assistance fora `
term: of :fifteen: (1 S) years, .the funding provided under this Agreemenf is for :the performance: period
:. stated-herein only:. Additional funding is subject to the:availability of annual appropriations:..: ::...:
'The budget period and performance period o€renewal. projects funded by: this Agreement will
begin imediately at the end: budget period and performance:perio
md of.the:grant:being
renewed. -Eligible costs incurred between: the end-'of Recipient's budget period and performance
period under the grant being renewed andahe dateahis Agreement is-executed by bothp"es maybe
-'reimbursed: with Grants Funds from this Agreement. NoGrant. Funds' for renewal projects maybe -
drawn down liy Recipient before the end date: of the project's budget period and performance period
under.the grant that has been renewed.
For any transition project funded under this: Agreement the budget period and performance-
period of the transition project(g) will. begin immediately.at the end of the Recipient's final operating c
year under-the grant tieing transitioned. Eligible costs, as defined by. the Act. and the Rule: incurred:
= between. the end of Recipient's final operating year under the grant -being transitioned and. the
:'. execution of this Agreement may be paid with :funds :from the first operating year of this Agreement.
....... .._... ... ...-... ...... ....
-.HUD designations of Continuums of Care as High-performing Communities (HPCS) are
published: on HUD,goy in the appropriate :Fiscal Years' CoQ Program. Competition Funding
Availability.'age. 1Votwithstanding anything to the' contra y..in the Application or thus Agreement,::
Recipient may only use grant funds for HPC Homelessness.PreventionActivities if the Continuum::=
that designated the. Recipient to apply: for the grant was designated an HPC for. the applicable fiscal:
year.:.: I ..
The Recipient must complete the attached "Indirect Cost' Rate Schedule" and return into
HUD with this Agreement. The. Recipient must provide HUD with a revised schedule when any,
:. char a is:inide to the rat s :inc"luded:iii'theschedle. Te schedule and n r
sions:HUD receives
. ......
from thei. Recipient
will
bincorporatedinto and
part. gr that each rate
included satisfies thealicbiereuirement under 2 CFR part 20.(inc tiding appendices.).
This Agreement shall remain in effect until the earlier irf-l) written.agreement by the-parties,
2) by. HUD alone; acting.under the authority. o24 CFR 578.1OZ; 3) upan.expirationof the budget
period and performance period for all projects funded under this Agreement-, or 4) upon the.
::expiration of the period of availability_of Grant bunds for:all projects:fixnded under this:Agreement::
wiorw.had Dov epmldnd.�ov: -PN& 3
..... ..... ... ..... .. {.... .
7] ?
I S. Department of Housing and Urban Development
` m Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
Grant Number: FL0338L411092209
Recipient's Nanw. Indian River County Board of County Commissioners
Tax IUD Numbeirs 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
Federal Award Date: 6/14/2023
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD-) and Indian River` County Board of County
Commissioners (the "Recipient"). ThisAgreenicK the Recipient's use of funds provided under this
Agreement (the "Grant" or "Gracia Funds), and the Recipient's operation of projects assisted with
Grant Funds are ,governed by
1. The Consolidated Appropriations priations AA 2022 (Pleb. G. 117-1+03, approved March 15.2022);
2. title IV of the McKinney-V'ento Homeless Assistance Act 42 U.S.C. 11301 et aq. (tile "Aim;
3. the Continuum of Care Program rule at 24 CFR pM 578 (the "Rule"), ass ftm time to
time
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and
S. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collectively, the "Application").
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
Capitalized terms that are not defned in this agreement shall have the meanings given in the Rule.
HUD's total finding obligation authorized by this grant agreement is $94,992, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the feat HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page !
75
. .....
.....
:.:,. G�sMiNa ::.:: :: .. GrllntTerag... Pat asioePb lod
F10338L4H092209 : ..12 months' ' A9-012023 0&31-2024
:: 59 ,942 ' ' ' • : :
.. ..... :.. ..
... planning .
. 9L.Continuum. of Cmactiviaes - - - -..
.....
..: -:SO •
b.: Ac9uisition ..
: SO .:...
c. Rehabilitation
.. .... ... .... ....
:.:' di New: construction
0 ,
.. . ....... ......
:SO {
:.. f Rentalassistance :.:
....... .. ..::. :'.. .. ......
g. Supportive services-
ervices
..:
. :: :.
'costs
-OperatYng'costs:.:.... ,. - .. .. .:.
..
:.•.:.. SO :.
Homdless Management-Mformaton System:`;': ::::: ::`
:'::: :':SO = j
Administrative costs ::
i
:$0
L,: Relocation Costs :.::.: ::.... - :.:...
:..... .....
:. 1. HPC homelessness.ptevention activities:::
:.... ::.:. Housing relocation and stahilization services:..:
SlidM4exm arid-mediuniA&m rental"assistana'. :: :
`, $O
..... ..... .. .....
.
.... ... ....
.... .....
d
1
.. .. '..... .... - .....
:: www.hud.gov espanol.hud.gov:.
....
Pq:4
A1
Preaward Costs for Continuum of. Care Planing
The Reci - ient ma at its own ris incur re=award costs for .continuum of care lana n
..... p ....: Y� ... .... P P. g:.
a.'wards, after the date of the HUD selection notice and prior :to the eff..ective date. of this Agreement,.if
such costs':. a) are consistent: with 2 CFR 200.458;.and b) would be allowable: as:a post=award cost;
and c) do not exceed 1.0 percent-of the total funds obligated to this award. The incurrence of pre-..
award costs in anticipation of an award imposes no obligation on. HUD either to mare the award, or
to increase the amount.of the approved budget,: if the award is made for.Iesg:than the amount •••.
anticipated and is inadequate to cover thepreaward costs incanted.
These provisions apply to all:Recipielits:-
If any new projects funded under this Agreement are for project-based rental assistance fora
term: of fifteen (15) years; the funding provided under this Agreement is for the performance: period
:..: stated.herein only. Additional funding is subject to the:availabihty of annual appropriations::..:.:
::The budget period and performance .period of.renewalprojects funded by this: Agreement will.
begin immediately: at- the end: of =the budget period and performance: period of the:grant being
renewed: Eligible costs incurred between: the end-of Recipient's budget period--and performance. :: _
period under the grant being renewed and.the dateahis Agreement is executed by both parties may-be
reimbursedwith Grants Funds from this Agreement. No Grant Funds for renewal projects maybe
drawn down by Recipient before the end date of the project's budget period�and performanee period _.: . -
under the grant that has been renewed.
For any transition project funded under this; Agreement the budget period and performance.
period of the transition project(s) will.bB `n immediatelyat the end of the Recipient's finaloperating
p J. i.) i� ...
year under the grant being transitioned.. Eligible costs, as defined by. the Act- and the Rule: incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds -from the first operating year of this Agreement.::
HUD designations of Continuums of Care as High-performing Communities:(HPCS) are
published on HUD. pv in thea ro nate :Fiscal Years' CoC Program
:.:.: hs .. g . pp . p..p
Com etition-Funding
Availability. page.Notwithstanding anything to tliecontrary in the Application or this Agreement,.:.:
Recipient may only use grant funds for IPC Homelessness. Prevention Activities if the Continuum:::
that designated the. Recipient to apply for the grant was designated an:HPC for the applicable fiscal:
year:.:.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to -
HUD with.this Agreement. The. Recipient must provide HUD with a revised schedule when any .. .....
:change is made to the rates) 'included the schedule. The schedule and any-revisions HUD receives
:.....: ....
from the Recipient will be incorporated into and made part- of this Agreement, provided that each raw
included satisfies the:applicalile requirexaents under. 2 CFR part 200. (including appendices).
This Agreement shall remain in effect until the earlier. of-1:) written-agreement by the. parties
2) by. HUD alone; acting.under the. authority. of 24 CFR578.107; 3) upon expiration of the budget
period=and performance period for-all projects funded Under this Agreement', or 4) upon the
expiration•of the eriod of avaiiabili of Grant Funds for all ro'ects funded under this A Bement:
p
tY: . P J .. . 8r
w i had gov= ' espanoLhud gov i ... PW3
:!7
HUD notifications to the 'Recipient shall be to- the address :of the Recipient as stated in the
UA Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
*v Jacksonville, FL 32202
Brant Number: FL0360L41109221.3
ked0iftit's Mame: Indian River County Board of +C ty rs
Tax ID Number: 594000674
Unique Entity Identifier [SAM]: F83SL.JJZ38i
decal Award Date: 6/14/2023
CONTINUUM 'OF CARE PROGRAM (CDFA# 14.267)
GRANT AiGEMENT
This Grant Agreement ("this .Agreement'):� made by and between the United States
Dquitment of Housing and Urban Development MUD") and Indian River County Board of County
Connsinionen (tire "Recipient"). This Agreement, the Recipient's use of funds provided under this
mint (the "Gram" or "brant Funds'), and the Recipient's operation of projects assisted with
Gmat ;Funds are governed by
1, The Consolidated Appropriations Act, 2022 (ice. L.11 , 403, approved March 15 2022);
2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.&C. 11301 at seq. (the "Axl");
3. the Continuum of Care Program yule at 24 CFR part 578 (l "Rt'"), as amended from time to
time;
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and
5. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collwdvcly, the "Application").
The Application is iticcirporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provUion contained in this Agreement, this Agreement shall contrail.
Capitalized W= that are notAefined in this agreement shall have the meanings given in tbo lam.
HUD's total ftp obligation authorized by this grant agreement is $124,2121, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget fineitems, as shown below. The Grant Funds an individual
projea will
receive are as shown in the Application on the HUIUfl• proved Summary Budget for the project.
Recipient shall use the Grant Funds provided for ft projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page 1
81
........ : ' :.: Grant Term::: Perforn
-PLO360L4H092213 .. 12 months 06-014
8:
Continuum of .Care planning activities
b•.pq..
c.'
Rehabilitation
4-
New: construction
Leasing
f
Dental assistance :.:.: ::..: :.:.:
::.:..
= g.:
:. :.....: .. ..
Supportive services
-_h.Operaiing-costs:
-
T
Homeless Management-ystem
j.
Administrative -costs
>L.
Aelocation-Costs :::.: .
1.
HPC homelessness -prevention activities .
Hou$ reloc*oon and stabilization services;;
Short term aud-medium tdhn rental:assistance;
wet Peilod :.: OW�iinoaet' :' :::
►3 - 05-31-2024 ... • 5124,212
Pre-award Costs: for Continuum of. Care Planning ""
'The Recipient may; at its own risk; incur pre=award costs for .continuum of care: plaruung
awards, after the date of the HUD selection notice-and priorto the eff&tive date. of this Agreement, if
such costs:. a) are consistent with 2 CFR 200.458; .and b) would be allowable: as:a post=award cost;.,:
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-.
award costs in: anticipation of an award imposes no obligation on HUD either to mare the award, or
.:. to increase the amount.of the approved budget,: if the: award is.made for.less than the amount..
anticipated and is- inadequate to cover the pre=award= costs incurred. =
These provisions apply to AIR= ients
If 'any new projects funded under this Agreement are .for project-based rental assistance fora
term: of :fifteen: (15) years, .the fundingprovided under this Agreementis for the performance: period :. .
stated.herein only. Additional funding is subject to the:availability of annual appropriations..:.:
:The budget period and performanceperiod of renewal .projects funded by this: Agreement will..*-.
begin immediately at the end: of `the budget period: and performance: period of the: grant being
renewed: Eligible costs incurred between the end of Recipient's budget period'and performance.'._,:
period under the grant being renewed and the date this Agreement is executed by both parties may lie
reimbursed'with Grants Funds from this Agreement. No Grant, Funds' for renewal projects' may. be
drawn down by Recipient before the :end date. of the project's bidget perodand performance period
date. .
under the grant that has been renewed. =
For any transition project funded under this. Agreement the budget period and performance
period of the transition projects) will begin imniediately at-the end of the Recipient's final operating
year under-the grant tieing transitioned.. Eligible costs, as defined by. the Act and the Rule: incurred:: -
between the end of Recipient's final operatin year under the grant being transitioned and the
e $Y :.
execution of this Agreement may. be paid with:funds:from the first operating year of this Agreement.::'
'.HUD designations- of Continuums'of Care as High-performing Communiries'(HPCS) are
..... published on HUD.goy in the. appropriate.Fiscal Years' CoC Program-Competitioin Funding
Availability. page. Notwithstanding anything to the contrary.in the Application or this Agreement,.:.
Recipient may only use grant funds for HPC Homelessness.Prevention:Activities if the Continuum:::
.that designated the Recipient-to apply for the grant was designated an IUPC for the applicable fiscal: .
_ Y�
`-The Recipient must complete the attached "Indirect Cost:Rate Schedule" and return it:to
HUD with .this Agreement. The. Recipient must provide HUD with a revised schedule when any • . .
change is made to the rate(s) included ui.the schedule. The-schedule and any: revisions HUD receives
from the Recipient will be incorporated into and made part- of this Agreement, provided that each rate
included satisfies the applicable requirements under 2 CFR part 200. (including appendices).
` This Agreementshallremain in effect until the earlier of l written a eenient b the arties
2) by HUD alone-, acting.under the authority. of 24 CFR 578.107; 3) upon expiration of the budget
period=and performance period for. all projects funded under this Agreement' or 4) upon the
:.expiration of the period of availability of Grant Funds fouall projects funded under this: Agreement.
ViYw.611d.adV: i lspi�lDL1Wd.�0Y:: p e:3
..
:Q
HUD notifications: to the k6c ienf shall be to: the address .-of the: Reoipieni as. stated'in: the
Indirect CostSebed
� ih$, Department of Housing and Urban Development
�= Office of Community Planning and Development
* it 400 West Bay Street
g Suite 1015
Jacksonville, FL 32202
GrlHt Number: FL0380L4II092208
Reeipleves Name; Indian River County Board of County Commissioners
Tax ID Number: 59-6000674
Unique Entity Identifier jSAM): FB35LJJZ38K9
Federal Award Date; 6/14/2023
t iiNTIN`UUM OF CARR PROGRAM (MAO 14.' 7)
GRAN' AGREEMIM
This Grant Agreement ("this AgreemenC) is mode by and between the United States
Department of Housing and Urban Development ("HUD) and Indian River County Board of County
Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this
Agreement (the "Grant" or"Grant Funds!'), and the RecipieWs operation of pwiects assisted with
Grant Funds are governed by
1. The Consolidated Appropriations Acct, 2022 (lob. L. 117403, approved 11" 15, 2022);
2. title TV of the McKinney-Vento Homeless Assistance Act 42 U.S.C; 11301 et seq. (the "Act");
3. the Continuum of Care Program rule at 24 CFR part 578: "Ruk"� as amended from time to
Little;
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and
5. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any i►rmation
or documentation required to meet any grant award condition (collectively, the "A"
z
The Application is incorporated herein as part of this Amity except that€ * the project
(those projects) fisted below are funded by this Agreement, In the oust of any conflict 10veen any
application provision and any provision contained in this Agreement, this Agreement shml control.
Capitalized terms that are not defined in this agreement shall have the meanings givetl.ilst the Rt&
HUD's total funding obligation authorized by this grant agreement is $119,904, ajlocated.
between the project(s) listed below (each identified by a separate grant slumber) and, whhktime
projects, between budget line items, as shown below. ' The Grant Funds an individual project will
receive are as shown in the Application on the final HLM4qWved. Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
penod(s)'.period stated below.
www.hud.gov espanol.hud.gov Page 1
E-1lA
... .....
::..:.: Gftht No. ` :::: ..: Gnat Term... Per#'orinsncePeriod :":-:::
�.
:.�::: TOWAmount'.•::.
: ,, f P3801AH092208. .09-01-2023 - 084 L 2024 ` :
..: $119,904 .a
m Continuum of P-are planning activities
$0
`..:. b.:Acquisition
$0 .....
c. Rehabilitation
$0
d: New: constructddi ... .
-e: Leasing ..... .... :.
..:$0
f Rental assistance
......: ..:. - :...:.... .:.
... g.. $upporttve_services .:::- . '.:: : ::: :: :...:
::.h. ' Operattng costs.
: $0
::.: S :: :_. y ... ........ ..
i.. Homeless Mana-:ementTabrmatxon;S ::
..
i_
_._
j. Administrative costs < : ... .. ..
I
$0
= L.: Relocation- Costa .:...:.: :. :.... :. :. ..
....... $0 • ., :::
.: 1. HPC homelessness prevention activities:*
Housing relocation andstabilinfic services-:
- ShdrkOxn arid•mediuttr� rentah�ssiara
.....
.. ..... .. ..... .. .....
..
..... - a
.. . .. •... . '.
..... .....
'
..... =;
.. -
- ,-wrww.6od.�ay.. - - - erpoloLhud.®o�::
.pW2 : =;
..
..... ..... ..... ..
Pre-award Costs for Continuum of Care Planning " .. ..." ......
.. : ' 'The Reci lent rna at its own risk,incur re=award costs for .continuum ofcare. plai n
:awards, after the date of the HUD selection notice :and prior _to the effective date_ of this Agreement,.if
:..;.:
such costs:. a) are consistent with 2 CFR. 200.458; .and b) would be allowable: as:a post-award cost;.::,.
and c) do .not exceed :10 percent:of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HM either to make the award, or
to increase the amount of the approved budget; if the award is-made for Gess than the amount • .
..
anticipated and is inadequate to cover the pre:award: costs incurred
.... .... ...
These provisions apply to all Recipients: :. =
....... ......: :..:. .....
If any new projects funded under this Agreement are for project-based rental assistance for a
term: fifteen: (15) years; the funding provided under: this Agreement is for :the performance:period t...
:..:. stated. herein only. Additional funding is subject to the:availability of annual appropriations.:..:.:
..::The budget period and performance. period ofzenewal.projects funded by this: Agreement will-
begin immediately_ at- the end: of _:the budget period: and performance. period of the grant being
:.....: gi P .: g p p
renewed, El g ble. costs incurred between. the end of Reci lent s budget period and erformance: � �::::
period under: the grantbeing renewed and the date:this Agreement is executed by both patties may'bb
reimbursed: with Grants Funds from this Agreement. No Grant Funds for renewal projects may. be
drawn down by Recipient before the end date: of the projects budget period performance period
under-the grant that has been renewed.
For any transition protect funded under this Agreement the budget period and performance
period of the transition projects) will.begin immediately at the end'of the Recipient's finaToperating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule: incurred : 1
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may. be paid with :funds :from the first operating year of this Agreement.::'='
__...
.HUD designations' of Continuums'of Care as High-performing Communities (". CS) are
published on HUD.goy in'the appropriate _Fiscal Years' CoC Program. Competition Funding
.:.:
Availability. page.Notwithstanding anything totliecontrary in the Application or this Agreement,.:.< ::..:.
Recipient may only use grant funds for-HPC Homelessness. Prevention:Activities if the Continuum:
that designated the-Recipient-to apply for the grant was designated an:HPC for the applicable fiscal ; =
:.:.: year.:
..... .... ..... .... :.:. :..
The Recipient must complete the attached "Indirect Cost: Rate Schedule" and return it lo -
= 1rILTD with.this Agreement. The Recipientmust provide HUD with a.revised schedule when any.
change is made to the rate(s).included:in the schedule. The schedule and any rHUreceives
eives
..
::.
Recipient will be incorporated into and made part-of this Agreement,-provided that each rat
from the. :.
included satisfies the:applicablexequirenients under 2 CFR part 200.(in�cluding appendices). 1
..
This Agreement remain in effect until the earlier of T) written-agreement by p d =
t shall - :. the. parties, .:
- 2) by. HUD alone, acting.under the authority. of 24 CFR 578.107.3) upon.expiration of the budget
period and performance period for all projects funded under this Agreement; or 4). upon the .
expiration of the eriod of availability: of Grant Funds for:all ro'ects funded under this A cement:
p.':
p J
..... ....
. j
_ .... .vw.viwa.W�' : ':. -pW3
... ..... k..
i.
114 Department of Housing and Urban Development
OMce of Community Planning and Development
* e 400 West Bay Street
Suite JOTS
Jacksonville, FL 32M
�4
Grant Number: F1,0418L4H092210
Recipient's Name: Indian River County .Board of Commissionw.$
T*x to Number: 59-6000674
Unique Entity Identifier [SAMj: FB3SLJJZ390
Federal Award Date. 5/2612823
CONMUUM OF CARE PR+DGRAM (CDFA# 14.267)
GRANT AGRWXMN'T
This Grant Agreement ("this Agreement'`) is trade by and between the United States
Department of Housing and Urban Development ("HUV) aad Iridian Diver County Board of
Commissioners (the "recipient").
This Agreement, the Recipient's use of fituds provided under this Agreement (the "Grant" or "Grant
Funds'), and the Recipient's operation of project assisted with Grant Funds are governed by
1. The Consolidated Appropriations Act, 2022 (Puh L. 117403, approved March 15, 2+022);
2. title i'W of the McKinney-Vento Homeless Assistance Act 42 U.&C. 11301 et seq. (the "Aor);
I. the Continuum of Care Program rule at 24 CFR part 578 (*c "Rule"j, as amended from time t
time;
4. and the Notice of Funding Opportunity for the fiscal yew in which the fiords were away d; and
5. the Recipient's application submissions on the basis of which these .Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condi** (collectively, the "Applicatitai'"�
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below we funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
Capitalized terms that aro not defined in this agreement shall have the meanings given in the Rule.
HUD's total Riding obligation aut rued by die grant agreement is $27,840, ailtleated
between the project(s) listed below (each identified by a. tem grant number) and, witbin tie
projects, between budget fits items, as shown below. The Grant. Funds an individual project will
rive are as shown in the Application on the final HUD -approved Summary Bud forthe, mit.
Recipient shall use the Grant Funds provided for the projects listed below, dui the budget
period(s) period stated below.
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Page 1
93
Grant No. Grant Term Performance Period
FL0418L4HO92210 12 months 01-01-2024 - 12-31-2024
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
Total Amount
$27,840
$0
$0
$0
$0
$0
$0
$0
$0
$27,840
$0
$0
$0
{stmt}
Page 2
94
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives
from the Recipient will be incorporated into and made part of this Agreement, provided that each rate
included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
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95
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
Build America, Buy America Act. The Grantee must comply with the requirements of the
Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices,
as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001),
any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
The Agreement constitutes the entire agreement between the parties and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hudgov Page 4
i
This agreement is hereby executed on behalf of the parties as 10ws:
UNTIED STATES OF AMERICA,
Secretary of Hanging and Urban Development -
Larry Hayes, Dire tart
(Typed Name and'Tide)
-June 7, 2023
(Date)
RECIPIENT
Indian River CountJ;BOW of C,qunty Commissioners
(Name of Organizations ,........,.
gy * `•'`
(Sipa uthoriz d icisl) '• `
LQWh H. Ealrman Chairman x �`
(Typed Name and Title of Authorized Official)
June 20, 2023
(Daft)
Approed by BCC: June 20, 2023
ATTECRU Jeffrey R. S' . 7 of Court mid Comptroller
By:�
Chik
Approved: Approved as to fa fn adsuR` Cjl:
I
By
John A. Tidumich Jr., County Adminiswowt Reingold, Ccusty Aittotncy
www.liud.gov espanol.hud.gov parr
II
97
Agency/Dept./Major Function
Indirect Cost Schedule
Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov
Page 6
98
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
:2 * 400 West Bay Street
Suite 1015
., Jacksonville, FL 32202
e4 GErE'
Grant Number: FL0440L4H092211
Recipient's Name: Indian River County Board of Commissioners
Tax ID Number: 59-6000674
Unique Entity Identifier (SAM]: FWSLJJZ38K9
Federal Award Date: 5/2512023
CONTINUUM OF CAR&PR iI AM (CDFA# 14.267)
GRANT AGR EEMENT
This Gant Amt ("this Agreement") is made by and between the United States
Department of Homing and Urban Development ("HUI3") and Indian River County Board of
Commissioners (the "%tecipicat"j,
This Agreement, the Recipient's use of funds provided under this Agreement (the "Gnaw" or "Errant
Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by
1. The Consolidated Appropriations Act, 2022 • L.117-103, approved March 15, 2022
2. title N of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
3. the Continuum of Care Program rule at 24 CFR part 578 (die "Rulel, as amended from time to
titney
4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and
5. the Recipient's application submissions on the basis of which these Grant Funds were approved by
HUD, including the certifications, assurances, technical submission documents, and any information
or documentation required to meet any grant award condition (collectively, the " Applicatiom").
The Application is incorporated herein as part of this Agit, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall til.
Capitalized terms that are not defined in this agreement shall have the meanings given in The:Rattle.
HUD's total funding obligation authorized by this grant agreement is $144,300, allocated
betweenn the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual projedt will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanolhtd.gov Page t
99
Grant No. Grant Term Performance Period
Total Amount
FL0440L4H092211 12 months 04-01-2023 - 03-31-2024
$144,300
a.
Continuum of Care planning activities
$0
b.
Acquisition
$0
c.
Rehabilitation
$0
d.
New construction
$0
e.
Leasing
$0
f.
Rental assistance
$144,300
g.
Supportive services
$0
h.
Operating costs
$0
i.
Homeless Management Information System
$0
j.
Administrative costs
$0
k.
Relocation Costs
$0
1.
HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
{Stmt}
www.hud.gov espanol.hud.gov Page 2
100
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives
from the Recipient will be incorporated into and made part of this Agreement, provided that each rate
included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
101
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
Build America, Buy America Act. The Grantee must comply with the requirements of the
Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices,
as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001),
any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
The Agreement constitutes the entire agreement between the parties and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
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102
This agreement is hereby executed on behalf of the patties as othm:
UNITTD STATES OF AMERICA,
Secretary of Housing and Urban Development
Br
Larry Hayes, Dirmtor
(typed. Name and Title
May 25, 2023
I
(Date)
RECIPIENT
Ind' oun , Board of County Commissioners
(Name of Organization)
M
�v A
By.
#:*�
(Signature o utharfz 'al)
t� �i:�r
J s h H. Earnian. Chairman
""••:' •••' •'
(Typed Name and Title of Authorized Official)
June 20,r, 2023
(Date)
Anoraved by BCC: June 20.2023
J
A : Jeffrey R Saighl Clerk of Court and:Carpftllor
By: ,;J
D Clerk
Approved:
Aplx'oved as to feria=d legal ~
By:
By:
JoWA. Manithi Jr., County Administntor
DACReinVK C
i
WWW.hud.gov espanol.hud.gov Page
103
Agency/Dept./Major Function
Indirect Cost Schedule
Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov
Page 6
104
EXHIBIT C
[From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002]
"D. Nonprofit Agency Responsibilities After Award of Funding
Indian River County provides funding to all nonprofit agencies on a reimbursement basis only.
All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check.
Any expense not documented properly to the satisfaction of the Office of Management Budget
and/or the County Administrator may not be reimbursed.
If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board
of Commissioners. In the event an agency provides inadequate documentation on a consistent
basis, funding may be discontinued immediately. Additionally, this may adversely affect future
funding requests.
Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For
example, no expenditures prior to October 1St may be reimbursed with funds from the following
year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not
carried over to the next year unless expressly authorized by the Board of Commissioners.
All requests for reimbursement at fiscal year end September 301h must be submitted on a timely basis.
Each year, the Office of Management Budget will send a letter to all nonprofit agencies advising of
the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid
October, since the Finance Department does not process checks for the prior fiscal year beyond that
point.
Each reimbursement request must include a summary of expenses by type. These summaries should
be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is
reimbursing an agency for only a portion of an expense e.g. salary of an employee), then the method
for this portion should be disclosed on the summary. The Office of Management Budget has
summary forms available.
Indian River County will not reimburse certain types of expenditures. These expenditure types are
listed below.
a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement,
hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel
within Indian River County) is allowable.
b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay
policies, these must be provided from other sources.
c. Any expenses not associated with the provision of the program for which the County has awarded
funding.
d. Any expense not outlined in the agency's funding application.
The County reserves the right to decline reimbursement for any expense as deemed necessary."
105
EXHIBIT D
STANDARD TERMS FOR GRANT CONTRACT
1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be
in accordance with and governed by the laws of the State of Florida, only. The location for settlement
of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract,
or any breach hereof, as well as any litigation between the parties, shall be Indian River County,
Florida for claims brought in state court, and the Southern District of Florida for those claims
justifiable in federal court.
2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Contract that are not contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms and conditions contained herein shall be effective unless
contained in a written document signed by both parties.
3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid,
such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every
other term and provision of this Contract shall be deemed valid and enforceable to the extent
permitted by law. To that extent, this Contract is deemed severable.
4. Captions and Interpretations: Captions in this Contract are included for convenience only and are
not to be considered in any construction or interpretation of this Contract or any of its provisions.
Unless the context indicates otherwise, words importing the singular number include the plural
number, and vice versa. Words of any gender include the correlative words of the other genders,
unless the sense indicates otherwise.
5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes
under this Contract. The Subrecipient is not an agent or employee of the County, and any and all
persons engaged in any of the services or activities funded in whole or in part performed pursuant
to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction,
supervision, and control.
6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written
consent of the County.
106
CONSENT
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: August 10, 2023
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John Titkanich, Jr., County Administrator
Kristin Daniels, Budget Director
PREPARED BY: Shelby Ball, Purchasing Specialist
SUBJECT: First Extension and Amendment to Agreement for Real Estate Broker Services (RFP
#2021011)
BACKGROUND:
The Board of County Commissioners awarded RFP 2021011 to Colliers International Florida, LLC
effective November 2, 2021, for Real Estate Broker Services. On July 11, 2023, the Board approved
the compensation rate of 6% for lease agreements.
DISCUSSION:
The initial term of this agreement will end on November 1, 2023. Staff requested an extension to
the agreement for the first two-year renewal period. This amendment will formalize the approved
compensation rate of 6% for lease/rental agreements brokered by Colliers. The commission rate of
4% for sales will stay in effect.
SOURCE OF FUNDS:
No funding is necessary as commission rates will vary and be deducted directly from the proceeds
of a sale or rental.
RECOMMENDATION:
Staff recommends the Board approve the first extension and amendment to the agreement with
Collier International Florida, LLC, and authorize the Chairman to execute it after the County
Attorney has approved it as to form and legal sufficiency.
ATTACHMENTS:
First Extension and Amendment
107
FIRST EXTENSION AND AMENDMENT TO AGREEMENT
FOR REAL ESTATE BROKER SERVICES
This First Extension and Amendment to that certain Agreement to provide Real Estate Broker
Services is entered into effective as of November 2, 2023 by and between Indian River County, a political
subdivision of the State of Florida ("County") and Colliers International Florida, LLC. ("Broker").
BACKGROUND RECITALS
WHEREAS, the County and the Broker entered into an Agreement for Real Estate Broker Services
effective November 2, 2021; and
WHEREAS, Paragraph N of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective as of November 2, 2021 and will end on November 1,
2023; and
WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional
two years; and
WHEREAS, the parties desire to amend Paragraph V. Compensation of the Agreement; 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 Broker agree as follows:
1. The background recitals are true and correct and form a material part of this First Extension.
2. The first renewal term shall commence effective November 2, 2023 and shall end on November 1,
2025. There is a single two-year extension available on the contract.
3. Paragraph V. Compensation is amended to change the following sentence in the first paragraph "The
total amount to be paid by the County to the Broker shall be strictly limited to a fee based on an agreed
upon commission rate of 4% of the Purchase Price or 6% Lease/Rental Rate (the "Broker Fee".)
3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect.
108
IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed
effective the day and year first set forth above.
Colliers International Florida, LLC.
By:
Printed name:
Title:
(Corporate Seal)
Date:
INDIAN RIVER COUNTY, FLORIDA.
BOARD OF COUNTY COMMISSIONERS
By:
Joseph H. Earman, Chairman
Attest: Ryan L. Butler, Clerk of Circuit Court
And Comptroller
By:
Deputy Clerk
Approved:
John A. Titkanich, Jr.
County Administrator
Approved as to form and legal sufficiency:
William K. DeBraal
County Attorney
109
WIN
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: August 22, 2023
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John Titkanich, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Sole Source Designation Request
BACKGROUND:
Many of the key pieces of equipment utilized throughout the County are specialized due to
facility design, and/or are standardized for consistency of operations, especially in the
Utilities Department. Many of these items are identified as sole source, as they are only
available from the manufacturer, or the manufacturer's lone authorized distributor for our
area.
Sole source items are designated by the Board, to facilitate the use of Purchase Orders
soon after the need for the goods or services are required, and to ensure the expenditures
for each item or vendor are appropriately authorized.
DISCUSSION:
The Utilities Department is requesting the Board designate E.H. Wachs as the sole source
provider for equipment to maintain the more than 17,000 valves across both the water and
wastewater systems. The Wachs equipment will be used to operate, exercise, and
rehabilitate the valves.
SOURCE OF FUNDS:
Estimated expenditures over the next three years is $1oo,000. Funds for purchases will
come from the Utilities Fund/Other Equipment account, number 471-166o02. Operating
funds are derived from water and sewer sales.
Account Description
I Account Number
I Amount
Utilities Fund Other Equipment
471-166002
$100,000
RECOMMENDATION:
Staff recommends the Board of County Commissioners declare E.H. Wachs as the sole
source for Utility valve maintenance equipment, for a three-year period, and authorize the
Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as
funding is approved by the Budget Department.
110
?K
INDIAN RIVER COUN'T'Y
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: August 21, 2023
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John A. Titkanich, Jr., County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Approval of Agreement for Ambulance Billing and Coding Services
with EMS IMC
BACKGROUND:
On June 20, 2023, the Board approved the final ranking of firms from RFP 2023036, and
authorized negotiations with the top ranked firm, EMS Management & Consultants
("EMS I MC"). The agreement with the current provider, Change Healthcare, expires April
30, 2024, and execution of the agreement now will provide the new provider and staff
ample time to coordinate and prepare for a seamless transition.
In addition to all of the services anticipated in the RFP, EMS I MC has also agreed to include
lockbox services, at no additional cost. The County spent a total of $471,133.34 in Fiscal
Year 2022 and $399,286.68 year to date in Fiscal Year 2023 on these services combined.
The current and proposed fees for ambulance billing services are shown in the table below:
Item
Change Healthcare
EMS I MC
Difference
(current contract)
Percentage of Net Collections
6.8%
4.75%
(2.05)
Additional Per Medicaid
$13.50
$9.50
$(4.00)
atient
Per client prior claim
$75o
n/a
$(7.50)
(previous month)
(
Prior A/R Gross Collections
10%
n/a
(10)%
EMS I MC's fees will also include 6% of the reimbursements received by the County under
the Public Emergency Medical Transportation ("PEMT") program (through the Florida
Agency for Health Care Administration) for Medicaid Fee for Service provided by their
partner, Public Consulting Group ("PCG").
The term of the agreement is three years, with two three-year renewals available.
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FUNDING:
There is no cost associated with execution of the agreement, until commencement of
service on May 1, 2024. Funding for ambulance billing will come from the Emergency
Services District/Fire Rescue/Other Professional Services Account, number 11412022-
033190, which has a total budget of $650,000 for Fiscal Year 2023/2024.
Account Number
Account Description
FY 23/24
Budget
11412022-033190
Emergency Services District/Fire
$650,000
Rescue Other Professional Services
RECOMMENDATION:
Staff recommends the Board approve the agreement and authorize the Chairman to
execute it, after review and approval by the County Attorney as to form and legal
sufficiency.
Attachment:
Agreement
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Agreement
THIS AGREEMENT ("Agreement") is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called COUNTY)
and EMS Management & Consultants, Inc. (hereinafter called AGENCY). COUNTY and AGENCY, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1— WORK. AGENCY will provide professional services for Emergency Medical Services ("EMS")
billing and coding services, in accordance with the specifications outlined in RFP 2023036, also including
Lockbox services, beginning May 1, 2024.
ARTICLE 2 — TERM. The agreement shall commence on May 1, 2024, with an initial term of three years,
with two three-year extensions available, based on AGENCY acceptance, and determination by COUNTY
that renewal is in its best interest. Notice of intent to extend will be submitted to AGENCY no fewer than
90 days prior to expiration of the active term.
ARTICLE 3 — FEE. In consideration of AGENCY performing its obligations under this Agreement, COUNTY
will pay AGENCY 4.75 percent of net collections, and other fees as identified in Exhibit A, as total
compensation for services which have been authorized by COUNTY, provided proper invoices have been
timely submitted by AGENCY in accordance with Article 4 of this Agreement.
ARTICLE 4 — INVOICING AND PAYMENT. AGENCY shall submit invoices at the end of each monthly billing
period, in a form acceptable to COUNTY, for services rendered. AGENCY shall provide detail of billing
rendered within 15 calendar days of the end of the billing period. Invoices shall be submitted
electronically.
COUNTY shall make payment in accordance with the provisions of the Local Government Prompt Payment
Act, Florida Statutes section 218.70 et. seq.
ARTICLE 5 — CHANGES, ADDITIONS AND DELETIONS. COUNTY may at any time request changes in the
work to be performed hereunder. All such changes, including any increase or decrease in the amount of
the AGENCY's compensation, shall be mutually agreed upon by and between COUNTY and AGENCY, and
only effective after written amendment to the Agreement has been approved by both parties. No claim
for damages for anticipated profits shall accrue to AGENCY.
ARTICLE 6 — INDEMNIFICATION. AGENCY shall indemnify and hold harmless the COUNTY, and its officers
and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct
of the AGENCY and persons employed or utilized by the AGENCY in the performance of the Work.
ARTICLE 7 — STANDARD OF PERFORMANCE. The standard of care for all services performed or furnished
by AGENCY under this Contract will be the level of care that is ordinarily used by members of AGENCY's
profession practicing under similar conditions. Agency shall adhere to the professional guidelines
established by: Fair Debt Collections Practices Act, Centers for Medicare and Medicaid Services (CMS),
Private Insurance Companies and HIPPA.
ARTICLE 8 — QUALIFICATION AND COMPLIANCE. AGENCY represents and warrants that it has all licenses
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and permits necessary to conduct its business and perform its obligations under this Agreement, and
agrees to comply with all applicable federal, state, and local statutes, regulations, codes, ordinances,
and policies in performing its obligations under this Agreement.
ARTICLE 9 - SUPERVISION. All services required herein will be performed by the AGENCY under its
supervision, and all personnel engaged in the work shall be qualified and authorized or permitted under
law to perform such services. AGENCY shall employ certified Ambulance Biller/Coders to provide coding
and billing services for COUNTY.
ARTICLE 10 — ACCURACY OF WORK. AGENCY shall endorse all reports, data, and information derived in
the performance of this Agreement and shall be responsible for the accuracy of the work. Throughout
the work, AGENCY will prepare printed responses to comments received from COUNTY following review
of work performance, invoices, and other related documents. AGENCY shall promptly correct errors and
omissions in its data, assessments, and/or reports without additional compensation. AGENCY will re-
perform any services not meeting acceptable standard without additional compensation. The AGENCY
shall give immediate attention to any corrections or changes to minimize delay to others.
ARTICLE 11— INDEPENDENT CONTRACTOR. The parties agree that AGENCY's relationship to COUNTY in
providing services hereunder shall be that of an independent agency. Nothing in this Agreement, nor
any performance hereunder, is intended or shall be construed to create a partnership, joint venture or
relationship of agency or employment between COUNTY and AGENCY. In providing services hereunder,
AGENCY shall represent itself to third parties as an independent agency to COUNTY and shall not hold
itself out as having any authority to obligate COUNTY.
ARTICLE 12 — NO CONFLICT. AGENCY represents that it has secured or will secure all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with COUNTY, to include officers or government officials, without the written permission of
COUNTY, except as may otherwise be provided for herein. AGENCY is responsible for the payment of all
employees' salaries, and for all other expenses incurred in connection with the performance of the
duties and responsibilities established herein, except as otherwise provided. AGENCY covenants that it
presently has no interest, nor shall acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance required under this Agreement. AGENCY further covenants
that in the performance of this Agreement, no person having any such interest shall be employed or
contracted with. No member, officer, or employee of COUNTY during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE 13 - CONFIDENTIALITY. AGENCY acknowledges that all documents, reports, assessments,
information, data, and studies prepared by the AGENCY upon completion of the Agreement, shall be the
property of COUNTY and be delivered thereto. Articles, papers, bulletins, reports, materials reporting
the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall
not be presented publicly or published without prior written approval of COUNTY. Unless required by
law, AGENCY agrees that its conclusions and any reports are for the confidential use and information of
COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other
than to submit its written documentation to COUNTY, and will only discuss the same with it or its
authorized representatives. It is further agreed that, unless required by law, if any information should be
released by the AGENCY without prior approval from COUNTY, the release of same shall constitute
grounds for termination of this Agreement without indemnity to the AGENCY, but should any such
information be released by COUNTY or by the AGENCY with such prior approval, the same shall be
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regarded as public information and no longer subject to the restrictions of this Agreement.
ARTICLE 14 — INSURANCE. shall at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify COUNTY against liability or
financial loss resulting from injuries occurring to persons or property or occurring as a result of any
negligent error, act, or omission of the AGENCY in performance of the work during the term of this
Agreement. AGENCY shall provide, at all times that this Agreement is in effect, insurance with limits of
not less than:
a) Workmen's Compensation Insurance in accordance with the State of Florida;
b) Commercial General Liability Insurance in an amount of not less than One Million ($1.000,000)
Dollars for injuries, including those resulting in death to any one person, and in an amount of not less
than One Million ($1,000,000) Dollars on account of any one occurrence;
C) Professional Liability Insurance in an amount of not less than One Million ($1,000,000) Dollars or
an amount that correlates to the aggregate fee on the project should it exceed $1,000,000.
All policies of insurance required under this Paragraph will provide that they may not be canceled nor
the coverage materially changed without thirty (30) days prior written notice to COUNTY. COUNTY will
be named as an additional insured with respect to AGENCY's liabilities hereunder in insurance coverage
identified in items B & C. Such policies shall name COUNTY as a co-insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of insurance
shall be filed with the Risk Manager at the time of the execution of this Agreement.
ARTICLE 15 - CONTRACT DOCUMENTS. The Contract Documents consist of the following:
(1) This Agreement;
(2) Certificate(s) of Liability Insurance;
(3) Request for Proposals 2023036 and Addendum 1;
(4) AGENCY'S Submitted Proposal, including all forms;
(5) Written Amendments to the agreement, executed by both parties.
ARTICLE 16 - MISCELLANEOUS
16.01 Terms -Terms used in this Agreement will have the meanings indicated in the Request for Proposals.
16.02 Assignment of Agreement - No assignment by a party hereto of any rights under or interests in the
Agreement will be binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Agreement Documents.
16.03 Successors and Assigns - COUNTY and AGENCY each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the Contract
Documents.
16.04 Severability - Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon COUNTY and AGENCY, who agree that the Contract Documents shall be reformed to
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replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
16.05 Venue - This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the
Southern District of Florida.
16.06 Public Records Compliance - COUNTY is a public agency subject to Chapter 119, Florida Statutes.
AGENCY shall comply with Florida's Public Records Law. Specifically, the AGENCY shall:
(1) Keep and maintain public records required by the COUNTY to perform the service.
(2) Upon request from the COUNTY's Custodian of Public Records, provide the COUNTY with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the AGENCY does not transfer the
records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in
possession of the AGENCY or keep and maintain public records required by the COUNTY to
perform the service. If the AGENCY transfers all public records to the COUNTY upon completion
of the contract, the AGENCY shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the AGENCY shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the COUNTY, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
Failure of the AGENCY to comply with these requirements shall be a material breach of this
Agreement.
16.07 E-Verify—AGENCY is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the
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duration of this agreement, as required by Section 448.095, F.S. AGENCY is also responsible for obtaining
an affidavit from all subcontractors, stating the subcontractor(s) does not employ, contract with, or
subcontract with an unauthorized alien.
16.08 Foreign Counties of Concern — AGENCY is not owned by the government of a foreign country of
concern, no government of a foreign country of concern has controlling interest in AGENCY, and AGENCY
is not organized under the laws of, or has its principal place of business in a foreign country of concern.
Article 17 - TERMINATION
17.01 Termination for Cause — Either party may terminate this Agreement if the other party materially
breaches this Agreement, unless (i) the breaching party cures the breach within 10 days following receipt
of notice describing the breach in reasonable detail, or (ii) with respect to a breach which may not
reasonably be cured within a 10 -day period, the breaching party commences, is diligently pursuing cure
of, and cures the breach as soon as practical following receipt of notice describing the breach in
reasonable detail.
17.02 Immediate Termination — Either party may terminate this Agreement immediately as a result of
the following:
(1) Failure of COUNTY to make timely payments due under this Agreement;
(2) Injury to any customer, independent contractor, employee or agent of the other party
hereto arising from the gross negligence or willful misconduct of a party;
(3) Harassment of any employee or contractor of a party or commitment of any act by a
party which creates an offensive work environment; or
(4) Commitment of any unethical or immoral act which harms the other party or could
have the effect of harming the other party.
(5) If AGENCY abandons the work, is adjudged bankrupt, or if AGENCY makes a general
assignment for the benefit of its creditors, or if a trustee or receiver is appointed for
AGENCY, or for any of its property.
17.03 Scrutinized Companies —AGENCY certifies that it and those related entities of AGENCY as defined
by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s.
215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement
is for goods or services of one million dollars or more, AGENCY certifies that it and those related entities
of AGENCY as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to
Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
COUNTY may terminate this Contract it AGENCY is found to have submitted a false certification as
provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida
Statutes. COUNTY may terminate this Contract if AGENCY, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found
to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of
Israel as set forth in section 215.4725, Florida Statutes.
17.04 Liability Following Termination — If the agreement is terminated as a result of paragraphs 17.01,
17.02, except when termination is caused by COUNTY's violation, or 17.03, the AGENCY shall be liable for:
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(1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new
contract; and
(2) the difference between the cost of completing the new contract and the cost of completing
this Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to
enforce its rights herein.
ARTICLE 18—AGENCY REQUIREMENTS
A. Agency agrees to:
(1) Not use or disclose protected health information other than as permitted or required by the
Agreement or as required by law;
(2) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to
electronic protected health information, to prevent use or disclosure of protected health
information other than as provided for by the Agreement;
(3) Report to COUNTY any use or disclosure of protected health information not provided for by the
Agreement of which it becomes aware, including breaches of unsecured protected health
information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
(4) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any
subcontractors that create, receive, maintain, or transmit protected health information on behalf
of the AGENCY agree to the same restrictions, conditions, and requirements that apply to the
AGENCY with respect to such information;
(5) Make available protected health information in a designated record sent to the COUNTY, as
necessary to satisfy COUNTY's obligations under 45 CFR 164.524;
(6) Make any amendment(s) to protected health information in a designated record set as directed
or agreed to by the COUNTY pursuant to 45 CFR 164.526, or take other measures as necessary to
satisfy COUNTY's obligations under 45 CFR 164.526;
(7) Maintain and make available the information required to provide an accounting of disclosures to
the COUNTY, as necessary to satisfy COUNTY's obligations under 45 CFR 164.528;
(8) To the extent the AGENCY is to carry out one or more of COUNTY's obligation(s) under Subpart
E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the COUNTY in the
performance of such obligation(s); and
(9) Make its internal practices, books, and records available to the Secretary for purposes of
determining compliance with the HIPAA Rules.
B. Permitted Uses and Disclosures by AGENCY
(1) AGENCY may only use or disclose protected health information as necessary to perform the services
set forth in Agreement.
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(2) AGENCY may use or disclose protected health information as required by law.
(3) AGENCY may not use or disclose protected health information in a manner that would violate Subpart
E of 45 CFR Part 164, if done by COUNTY.
IN WITNESS WHEREOF, COUNTY and AGENCY have signed this Agreement in duplicate. One counterpart
each has been delivered to COUNTY and AGENCY. All portions of the Contract Documents have been signed
or identified by COUNTY and AGENCY or on their behalf.
This Agreement will be effective on 20_ (the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
COUNTY:
INDIAN RIVER COUNTY
By:
Joseph H. Earman, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
David Johnson, Emergency Services Director
4225 43rd Avenue
Vero Beach, FL 32967
772-226-3947
djohnson@ircgov.com
AGENCY:
EMS Management & Consultants, Inc.
By:
(Contractor)
(CORPORATE SEAL)
Attest
Designated Representative:
Jay Gyure, CFO
2540 Empire Dr., Suite 100, Winston-Salem, NC 27103
336-525-7079
Jay.gyure@emsbilling.com
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Exhibit A — Other fees
$9.50 Per Medicaid Claim
6% Reimbursements received by County under PEMT program for Medicaid
FFS provided by PCG
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INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: August 18, 2023
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John A. Titkanich, Jr., County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Award of RFP 2023053 for Other Post Employment Benefits Actuary Services
BACKGROUND:
On behalf of the Clerk of the Circuit Court's Comptroller Division, a Request for Proposals ("RFP")
was issued for Actuary Services for Other Post Employment Benefits ("OPEB"), as the final term of
the agreement with our current provider, Gabriel, Roeder, Smith & Company ("GRS") ends on
September 30, 2023. Primary services required are annual Governmental Accounting Standards
Board ("GASB") reports, and full valuation reports every other year. The term of award is six years,
with one, two-year renewal available.
DISCUSSION:
A selection committee comprised of Elissa Nagy, Chief Deputy Comptroller, Raeanne Cone,
Assistant Chief Deputy Comptroller, Ruth Bommarito, Senior Budget Analyst, and Suzanne Boyll,
Human Resources Director independently reviewed and scored the received proposals. The
committee then met to compile an initial ranking of firms. After discussions, the committee
determined no interviews were necessary, and declared the ranking final.
Firm
Total of Fees for Years 1-8
1.
Gabriel, Roeder, Smith & Company
$80,800
2.
Nyhart
$64,700
3.
Bolton Partners, Inc.
$98,100
4.
Foster & Foster Consulting Actuaries, Inc.
$89,650
5.
Lauterbach & Amen, LLP
$70,100
6.
Cavanaugh Macdonald Consulting, LLC
$84,000
7.
Jefferson Solutions, Inc.
$107,695
8.
Empower Retirement, LLC
$95,000
9.
Lepton Actuarial & Consulting, LLC
$92,000
GRS was selected to provide these services under RFP process in 2007 and 2015. The total fees
paid to GRS for the previous eight-year period were $88,000.
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FUNDING:
Funding for actuarial services, in the amount of $15,600, is budgeted and available in the
Employee Health Insurance Fund/Health Insurance/Other Professional Services account, number
50412719-033190.
Account Number
Account Description
Amount
50412719-033190
Employee Health Insurance Fund/Health Insurance/Other Professional Services
$15,600
RECOMMENDATION:
Staff recommends the Board approve the final ranking of firms, award the RFP to Gabriel, Roeder,
Smith & Company, approve the agreement, and authorize the Chairman to execute it, after review
and approval by the County Attorney as to form and legal sufficiency.
ATTACHMENT
Agreement
122
Agreement
THIS AGREEMENT, entered into this 291h day of August, 2023, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Gabriel, Roeder, Smith & Company
hereinafter referred to as the "ACTUARY".
BACKGROUND RECITALS:
The COUNTY selected ACTUARY to provide Other Post Employment Benefit Actuarial services ("Services"), based on
a proposal submitted in response to Request for Proposals 2023053.
That the COUNTY and the ACTUARY, in consideration of their mutual covenants, herein agree with respect to the
performance of professional consulting services by the ACTUARY, and the payment for those services by the
COUNTY, as set forth in this Agreement.
The ACTUARY shall provide the COUNTY with consulting services and such other related services as defined in the
scope of work, provided as Exhibit 1.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. COUNTY OBLIGATIONS
The COUNTY will provide the ACTUARY with a copy of any preliminary data or reports available as required in
connection with the work to be performed under this Agreement, together with all available documents in the
possession of the COUNTY pertinent to the Services. The ACTUARY shall satisfy itself as to accuracy of any data
provided. The ACTUARY is responsible for bringing to the COUNTY's attention, for the County's resolution, material
inconsistencies or errors in such data that come to the ACTUARY'S attention.
The COUNTY will cooperate fully with the ACTUARY in order that all phases of the work may be properly scheduled
and coordinated.
2. RESPONSIBILITIES OF THE ACTUARY
The ACTUARY agrees to perform all necessary Services in connection with the work set forth in Exhibit 1.
The ACTUARY agrees to complete the work within the time frame specified.
The ACTUARY will maintain an adequate staff of qualified personnel.
The ACTUARY will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes,
and guidelines applicable to the Services performed under this Agreement.
The ACTUARY shall maintain all pertinent financial and accounting records and evidence pertaining to this
contract in accordance with generally accepted accounting principles (GAAP).
123
The ACTUARY will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled
and coordinated.
The ACTUARY shall report the status of the Services under this Agreement to the County Project Manager upon
request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager
or his authorized agent at anytime, upon reasonable request.
All documents, reports, maps, contract documents, and other data developed by the ACTUARY for the purpose of
this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be created, maintained,
updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement
is complete, and upon final payment, all of the above data shall be delivered to the County Project Manager.
The ACTUARY shall not assign or transfer any work under this Agreement without the prior written consent of the
COUNTY.
ACTUARY is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov)
to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required
by Section 448.095, F.S. ACTUARY is also responsible for obtaining proof of E -Verify registration and utilization for all
subconsultants.
ACTUARY shall act with due diligence in all matters in which it provides services under this contract.
ACTUARY acts only as the independent actuary for the COUNTY and makes recommendations based upon
COUNTY funding policies. ACTUARY does not provide legal or investment advice to the COUNTY. ACTUARY
is not a fiduciary, within the meaning of any applicable state or federal law, or member of the board of
trustees for the COUNTY, and therefore, ACTUARY does not vote on matters of governance and does not
make decisions of any kind on behalf of the COUNTY. ACTUARY relies, as it must, on audited financial
statements, demographic data, and member benefit information provided by the COUNTY and/or the
employer, and is not engaged to audit this data. ACTUARY shall not be responsible under any circumstance
for making employee or employer contributions to COUNTY.
No provision of this contract shall be interpreted to require ACTUARY to provide income tax advice,
investment advice, or legal advice to COUNTY. ACTUARY has no responsibility for the performance or non-
performance of COUNTY's assets, the structure of COUNTY's portfolio, or the selection or termination of
investment managers and consultants. ACTUARY is not a registered municipal advisor with the SEC.
3. TERM; DURATION OF AGREEMENT
The term of the agreement shall commence on October 1, 2023. This Agreement shall remain in full force and effect
for a period of six years, with one two-year extension available upon acceptance by both parties, unless otherwise
terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination".
4. COMPENSATION
The COUNTY shall pay to the ACTUARY a mutually agreed upon maximum amount not -to -exceed professional fee
for each completed report, on a deliverable basis, all as set forth in Exhibit 2. Duly certified invoices shall be submitted
to the Finance Director, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a
proper invoice the Finance Director will determine if the tasks or portions thereof have been satisfactorily
124
completed. Upon a determination of satisfactory completion, the Finance Director will authorize payment to be
made. All payments for services shall be made to the ACTUARY by the COUNTY in accordance with the Florida Prompt
Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.).
No additional payment will be due to the ACTUARY for administrative copies, printing, per diem, meals and lodgings,
taxi fares and miscellaneous travel -connected expenses for ACTUARY's personnel.
The COUNTY may at any time notify the ACTUARY of requested changes to the Services, and thereupon the COUNTY
and the ACTUARY shall execute a mutually agreeable amendment to this agreement. Should this amendment result
in the reduction in services, the ACTUARY shall be paid for the Services already performed and also for the Services
remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement.
The COUNTY may, at any time and for any reason, direct the ACTUARY to suspend Services, in whole or in part under
this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped.
The ACTUARY shall resume its Services upon the date specified, or upon such other date as the COUNTY may
thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in
excess of six (6) months, the compensation of ACTUARY for such suspended Services may be subject to modification.
The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this
Agreement.
5. ADDITIONAL WORK
If services in addition to the Services provided hereunder are required or desired by the County in connection with
the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement;
or request the ACTUARY to provide, either directly by the ACTUARY or by a sub consultant, such additional services
by a written amendment to this Agreement.
6. OWNERSHIP AND REUSE OF DOCUMENTS
Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications,
field books, survey information, maps, contract documents, and other data first developed by the ACTUARY pursuant
to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the
ACTUARY at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth
day after all work contemplated under this Agreement or individual Work Order is complete, all of the above
materials shall be delivered to the County Project Manager.
Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or
performed by the ACTUARY pursuant to this Agreement, are related exclusively to the services described herein.
They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project
or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The
COUNTY shall not hold the ACTUARY liable for any misuse by others.
7. INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this Agreement, the ACTUARY shall provide the COUNTY with
evidence that the ACTUARY has obtained and maintains the insurance listed in the Agreement.
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ACTUARY shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the
ACTUARY, its agents, representatives, or employees. The cost of such insurance shall be included in the ACTUARY's
fees.
Minimum Scope of Insurance
A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident,
$500,000 disease policy limit, and $100,000 disease each employee.
B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage
shall include premises/operations, products/completed operations, contractual liability, and independent
contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance.
C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall
include owned vehicles, hired vehicles, and non -owned vehicles.
ACTUARY's insurance coverage shall be primary.
All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen
shall also be licensed to do business in Florida.
The insurance policies procured shall be occurrence forms, not claims made policies.
The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian
River County Risk Management Department.
The ACTUARY shall ensure any subconsultants to maintain the insurance as detailed herein.
The ACTUARY shall indemnify, defend and hold harmless COUNTY and its employees and agents from and
against all losses, liabilities, penalties, fines, damages and claims, and all related costs and expenses
(including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement,
judgments, interest and penalties) incurred in connection with any action or proceeding threatened or
brought against COUNTY to the extent that such action or proceeding is based on a claim that any piece of
equipment, software, commodity, or service supplied by ACTUARY or its subcontractors, or the operation
of such equipment, software, commodity, or service, or the use or reproduction of any documentation
provided with such equipment, software, commodity, or service infringes any United States or foreign
patent, copyright, trade secret or other proprietary right of any person or entity, which right is enforceable
under the laws of the United States. In addition, should the equipment, software, commodity, or service, or
the operation thereof, become, or in ACTUARY's opinion be likely to become, the subject of a claim of
infringement, ACTUARY shall at its sole expense, (i) procure for COUNTY the right to continue using the
equipment, software, commodity, or service, or (ii) if such option is not reasonably available to ACTUARY,
replace or modify the same with equipment, software, commodity, or service of equivalent function and
performance so that it becomes non -infringing, or (iii) if such options are not reasonably available to
ACTUARY, accept its return by COUNTY with appropriate credits to COUNTY against ACTUARY's charges and
reimburse COUNTY for any losses or costs incurred as a consequence of COUNTY ceasing to use and
returning the equipment, software, commodity, or service. The foregoing indemnification is void to the
extent that COUNTY, its employees or agents modifies or misuses such equipment, software, commodity,
or service.
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ACTUARY agrees to indemnify COUNTY from claims made by ACTUARY employees while working on
COUNTY premises on COUNTY projects, provided that COUNTY has complied with all relevant Federal and
State Laws related to workplace safety, and human rights, including, but not limited to anti -discrimination
and anti -harassment laws; however, ACTUARY shall not be required to indemnify COUNTY with respect to
any claim that is based on COUNTY's negligence or misconduct. In any and all claims against COUNTY, or
any of its agents or employees, by any employee of ACTUARY or any of its subcontractors, the foregoing
indemnification obligation shall not be limited in any way by the amount or type of damages,
compensation, or benefits payable by or for ACTUARY or any of its subcontractors under worker's disability
compensation acts, disability benefit acts, or other employee benefit acts. This indemnification clause is
intended to be comprehensive. Any overlap in subclauses, or the fact that greater specificity is provided as
to some categories of risk, is not intended to limit the scope of indemnification under any other sub
clauses.
The duty to indemnify will survive the expiration or early termination of the contract for a period of one
year with respect to any claims based on facts or conditions which occurred prior to termination or
expiration.
8. TERMINATION
This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice
to the ACTUARY; or (b) by the ACTUARY, for any reason, upon thirty (30) days' prior written notice to the COUNTY;
or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the
termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any
act or event occurring prior to the termination, shall not be terminated or released.
In the event of termination by the COUNTY, the COUNTY's sole obligation to the ACTUARY shall be payment for those
portions of satisfactorily completed work previously authorized. Such payment shall be determined on the basis of
the percentage of work complete, as estimated by the ACTUARY and agreed upon by the COUNTY up to the time of
termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the ACTUARY,
elect to employ other persons to perform the same or similar services.
The obligation to provide services underthis Agreement may be terminated by either party upon seven (7) days prior
written notice in the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement through no fault of the terminating party.
In the event that the ACTUARY merges with another company, becomes a subsidiary of, or makes any other
substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its
terms.
In the event of termination of this Agreement, the ACTUARY agrees to surrender any and all documents first
prepared by the ACTUARY for the COUNTY in connection with this Agreement.
The COUNTY may terminate this Agreement for refusal by the ACTUARY to allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by
the ACTUARY in conjunction with this Agreement.
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The COUNTY may terminate this Agreement in whole or in part if the ACTUARY submits a false invoice to the
COUNTY.
ACTUARY certifies that it and those related entities of ACTUARY as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a
boycott of Israel. OWNER may terminate this Contract if ACTUARY, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed
on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section
215.4725, Florida Statutes.
ACTUARY certifies that it and those related entities of ACTUARY as defined by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in
Cuba or Syria. COUNTY may terminate this agreement if ACTUARY is found to have submitted a false certification as
provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
9. MISCELLANEOUS PROVISIONS
Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the ACTUARY or
employees or sub -consultants of the ACTUARY are in no way to be considered employees of the COUNTY, but are
independent contractors performing solely under the terms of the Agreement and not otherwise.
Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or
agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be
valid unless made in writing and signed by the ACTUARY and the COUNTY.
Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws
of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out
of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States
District Court for the Southern District of Florida.
Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not
in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right,
power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in
addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or
in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any
obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent
delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other
delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or
because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this
Agreement, each party shall bear its own costs.
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Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance
shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of
such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County.
No Pledge of Credit. The ACTUARY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by
ACTUARY shall survive the termination or expiration of this Agreement.
Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not
be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations
thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties
or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel
and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect
that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be
an original copy and all of which shall constitute but one and the same instrument.
10. Public Records Compliance
Indian River County is a public agency subject to Chapter 119, Florida Statutes. The ACTUARY shall comply with
Florida's Public Records Law. Specifically, the ACTUARY shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the
ACTUARY or keep and maintain public records required by the County to perform the service. If the ACTUARY
transfers all public records to the County upon completion of the contract, the ACTUARY shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the ACTUARY shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the Custodian of Public Records, in a format that is compatible with the information
technology systems of the County.
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B. IF THE ACTUARY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE ACTUARY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the ACTUARY to comply with these requirements shall be a material breach of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
OWNER:
INDIAN RIVER COUNTY
By:
Joseph H. Earman, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Bv:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Elissa Nagy, CPA, CGFO
Finance Director
Indian River County Clerk of Court and Comptroller
180127 th Street, Vero Beach, FL 32960
(772) 226-1570
enagy@clerk.indian-river.org
0]
ACTUARY:
By:
(ACTUARY)
(CORPORATE SEAL)
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Email:
(If ACTUARY is a corporation or a partnership, attach
evidence of authority to sign.)
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Exhibit 1— Scope of Work
The County's fiscal year is October Vt — September 30th. The full actuarial valuation completed every other year,
beginning with October 1, 2023, will be based on data as of October 1st of that year, and the valuation report will
be due prior to March Vt of the following year.
Required GASB 74 and 75 reports shall be completed as of September 30th each year, beginning with September
30, 2024. These reports are necessary for the County's year-end close and should be provided by November 5th
each year.
Actuarial firm will request all necessary data to be provided by the County's Finance Department, and provide
suggested letters to various parties for the Finance Department to utilize in gathering the data.
Reports on the County's OPEB plan will include:
• Service cost
• Total OPEB liability
• Interest on total OPEB liability
• Changes of benefit terms
• Differences between expected and actual experience pertaining to economic or demographic factors
• Changes or assumptions about future economic or demographic factors
• Contributions from active and inactive members (provided by Finance Department)
• Net investment income (schedule provided by Finance Department)
• Benefit payments (provided from insurance company)
• Administrative expenses (provided by Finance Department)
• OPEB fiduciary net position
• Net OPEB liability
• Fiduciary net position as a percentage of total OPEB liability
• Inflation and healthcare cost trend rates assumptions: including 1 percentage point higher and 1
percentage point lower than the assumed healthcare cost trend rate
• Assumptions made about projected cash flows in and out of the OPEB plan
• Covered -employee payroll
• Net OPEB liability as a percentage of covered -employee payroll
• Actuarially determined contributions (ADC)
• Amount of contributions recognized during fiscal year in relation to the ADC
• Amount of contributions in relation to ADC as a percentage of covered -employee payroll
• Annual money -weighted rate of return on OPEB plan investments (information provided by Finance
Department)
• Other data as outlined and required in GASB OPEB Statements
Additional services may include:
• Determine the implicit rate subsidy, if any, and the impact it would have on the OPEB liability
• Use an acceptable actuarial cost allocation method to assign costs to specific accounting periods
• Analyze the data to assess any inconsistencies and make recommendations for enhancing data quality
• Review and update plan documents and design
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• Recommend alternatives for reducing the cost of benefits and/or recommendations on managing the
OPEB liability (this may include changes in plan design)
• Provide information useful in assessing future funding requirements on the County's cash flows
• Assist the Finance Department in the information required for their Annual Comprehensive Financial
Report (ACFR) including new required supplementary information (RSI) disclosure requirements
• Prepare an allocation plan for funding liabilities and assigning cost to appropriate classes of participants
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Exhibit 2 - Pricing
The lump sum fees below include all costs associated with performing the entire Scope of Work
(excluding items identified in the RFP as "OPTIONAL"), and the overall performance of the contract,
including all travel and out of pocket expenses associated with
such performance:
Fiscal Year
Beginning
GASB 74 Report
Fee
GASB 75 Report
Fee
Full Valuation
Report Fee
Total Year Report fee
(sum of row)
October 1, 2023
$2,300
$2,300
$11,000
$15,600
October 1, 2024
$2,300
$2,300
$ 0 (not required)
$4,600
October 1, 2025
$2,300
$2,300
$11,000
$15,600
October 1, 2026
$2,300
$2,300
$ 0 (not required)
$4,600
October 1, 2027
$2,300
$2,300
$11,000
$15,600
October 1, 2028
$2,300
$2,300
$ 0 (not required)
$4,600
October 1, 2029*
$2,300
$2,300
$11,000
$15,600
October 1, 2030*
$2,300
$2,300
$ 0 (not required)
$4,600
Total of annual fees (sum of years 1-8)
$80,800
*if extension is exercised
Hourly rate for supplemental tasks, if requested by County (inclusive of all overhead, incidentals, per
diem, travel, etc.), to be billed in auarter hour increments:
Staff/Position Title
Hourly rate
Senior Consultant
$400
Consultant
$325
Senior Actuarial Analyst
$270
Actuarial Analyst
$225
Administrative Assistant
$125
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INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: August 21, 2023
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John A. Titkanich, Jr., County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Award of RFP 2023042 for Parks and Recreation Master Plan
BACKGROUND:
On behalf of the Parks and Recreation Division, a Request for Proposals ("RFP") was issued to
obtain consulting services for the development of a Parks and Recreation Master Plan. The plan
will include evaluation of existing parks and recreation resources and assets, and strategically plan
for projected future needs.
DISCUSSION:
A selection committee comprised of Beth Powell, Interim General Services Director, Gustavo
Vergara, Parks and Recreation Assistant Director, Joe Tilton, Recreation Programs Manager, Brad
Dewson, Parks Superintendent, and Dave Smith, Aquatic System Manager independently reviewed
and scored the received proposals. The committee then met to compile an initial ranking of firms.
After the initial ranking, the committee agreed to interview the top ranked firm. After the
interview, the committee declared the ranking final, and recommended award to the top ranked
consultant.
Firm
Total price proposal
1.
PROS Consulting, Inc.
$148,692
2.
Kimley-Horn and Associates, Inc.
$149,950
3.
GAI Consultants, Inc.
$295,000
4.
MHCP COLAB
$150,000
5.
Ritacco and Chan Architecture, LLC
$277,000
FUNDING:
Payment for work, in the amount of $148,962, will be made as phases of the work are completed.
Funding for the Master Plan will come from the County Impact Fees Fund/Parks/Other
Professional Services/Parks, Recreation and Conservation Lands Master Plan account, number
10321072-033190-20014.
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Account Number
Account Description
Fees for FY 23/24
CTY Impact/Parks/Other Professional
10321072-033190-20014
Services/Parks/Recreation/Conservation Lands
$148,692
Master Plan
RECOMMENDATION:
Staff recommends the Board approve the final ranking of firms, award the RFP to PROS Consulting,
Inc., approve the agreement, and authorize the Chairman to execute it, after review and approval
by the County Attorney as to form and legal sufficiency, and after receipt and approval of the
required insurance by the Risk Manager.
ATTACHMENT
Consulting Agreement
THIS AGREEMENT, entered into this 291h day of August, 2023, by and between INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and PROS Consulting,
Inc., hereinafter referred to as the "CONSULTANT".
BACKGROUND RECITALS:
The COUNTY selected CONSULTANT to provide Parks and Recreation Master Planning services ("Services"),
based on a proposal submitted in response to Request for Proposals 2023042.
The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect
to the performance of professional consulting services by the CONSULTANT, and the payment for those
services by the COUNTY, as set forth in this Agreement.
The CONSULTANT shall provide the COUNTY with consulting services and such other related services as
defined in the scope of work, provided as Exhibit 1.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. COUNTY OBLIGATIONS
The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as
required in connection with the work to be performed under this Agreement, together with all available
documents in the possession of the COUNTY pertinent to the Services. The CONSULTANT shall satisfy itself
as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention,
for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S
attention.
The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public
and private property (where required) as necessary for the CONSULTANT to perform its Services, upon
timely written request of CONSULTANT to COUNTY.
The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes
reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The
parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a
similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in
fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be
made to this Agreement.
2. RESPONSIBILITIES OF THE CONSULTANT
The CONSULTANT agrees to perform all necessary Services in connection with the work set forth in Exhibit
1.
The CONSULTANT agrees to complete the work within the time frame specified.
The CONSULTANT will maintain an adequate staff of qualified personnel.
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The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations,
policies, codes, and guidelines applicable to the Services performed under this Agreement.
The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and
good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations
as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as
described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract
with the provisions of this section.
The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly
scheduled and coordinated.
The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the
COUNTY.
The CONSULTANT shall report the status of the Services under this Agreement to the County Project
Manager upon request, and hold all drawings, calculations and related work open to the inspection of the
County Project Manager or his authorized agent at any time, upon reasonable request.
All documents, reports, maps, contract documents, and other data developed by the CONSULTANT for the
purpose of this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be
created, maintained, updated, and provided in the format specified by the COUNTY. When all work
contemplated under this Agreement is complete, and upon final payment, all of the above data shall be
delivered to the County Project Manager.
The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written
consent of the COUNTY.
CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of
this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of
E -Verify registration and utilization for all subconsultants.
3. TERM; DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of one year, after the date of execution
thereof, or upon completion of all project phases as defined by the COUNTY, whichever occurs earlier, unless
otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8
"Termination".
4. COMPENSATION
The COUNTY shall pay to the CONSULTANT a mutually agreed upon maximum amount not -to -exceed
professional fee for each completed task, on a deliverable basis, all as set forth in Exhibit 1. Duly certified
invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and
post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the
tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory
completion, the County Project Manager will authorize payment to be made. All payments for services shall
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be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may
be amended from time to time (Section 218.70, Florida Statutes, et seq.).
No additional payment will be due to the CONSULTANT for administrative copies, printing, per diem, meals
and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel.
The COUNTY may at any time notify the CONSULTANT of requested changes to the Services, and thereupon
the COUNTY and the CONSULTANT shall execute a mutually agreeable amendment to this agreement.
Should this amendment result in the reduction in services, the CONSULTANT shall be paid for the Services
already performed and also for the Services remaining to be done and not reduced or eliminated, upon
submission of invoices as set forth in this Agreement.
The COUNTY may, at anytime and for any reason, direct the CONSULTANT to suspend Services, in whole or
in part under this Agreement. Such direction shall be in writing, and shall specify the period during which
Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such
other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services
under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such
suspended Services may be subject to modification. The period during which the Services are stopped by
the COUNTY shall be added to the time of performance of this Agreement.
5. ADDITIONAL WORK
If services in addition to the Services provided hereunder are required or desired by the County in connection
with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this
Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub
consultant, such additional services by a written amendment to this Agreement.
6. OWNERSHIP AND REUSE OF DOCUMENTS
Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files,
specifications, field books, survey information, maps, contract documents, and other data first developed
by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be
made available to the COUNTY by the CONSULTANT at any time during normal business hours upon
reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this
Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County
Project Manager.
Reuse of Documents: All documents, including but not limited to reports, drawings and specifications,
prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the
services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or
others on extensions of this project or on any other project. The COUNTY's reuse of any document or
drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any
misuse by others.
7. INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY
with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement.
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CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall
be included in the CONSULTANT's fees.
Minimum Scope of Insurance
A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each
accident, $500,000 disease policy limit, and $100,000 disease each employee.
B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage.
Coverage shall include premises/operations, products/completed operations, contractual liability, and
independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance.
C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage.
Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles.
CONSULTANT's insurance coverage shall be primary.
All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer
chosen shall also be licensed to do business in Florida.
The insurance policies procured shall be occurrence forms, not claims made policies.
The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the
Indian River County Risk Management Department.
The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein.
The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees
and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the
contract.
8. TERMINATION
This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written
notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written
notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided
below. In the event of the termination of this Agreement, any liability of one party to the other arising out
of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated
or released.
In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be
payment for those portions of satisfactorily completed work previously authorized. Such payment shall be
determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed
upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may,
without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same
or similar services.
The obligation to provide services under this Agreement may be terminated by either party upon seven (7)
days prior written notice in the event of substantial failure by the other party to perform in accordance with
the terms of this Agreement through no fault of the terminating party.
140
In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any
other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in
accordance with its terms.
In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents
first prepared by the CONSULTANT for the COUNTY in connection with this Agreement.
The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and
made or received by the CONSULTANT in conjunction with this Agreement.
The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice
to the COUNTY.
CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not
on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes,
and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including
all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose
of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is
engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not
engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is
found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
as defined by section 287.135, Florida Statutes.
�a ► d f;Yil � � I_1►1 Xil�ly � :Zile/ f;9 [�] ► ��
Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the
CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered
employees of the COUNTY, but are independent contractors performing solely under the terms of the
Agreement and not otherwise.
Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements, or understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements, or understandings of
any nature whatsoever concerning the subject matter of the Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior or contemporaneous representations or agreements, whether oral or written. No alteration, change,
or modification of the terms of this Agreement shall be valid unless made in writing and signed by the
CONSULTANT and the COUNTY.
Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to
the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or
141
otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal
jurisdiction, in the United States District Court for the Southern District of Florida.
Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional,
and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity.
Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and
concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or
now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist
upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right
to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more
defaults does not constitute a waiver of any other delinquency or default. If any legal action or other
proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach,
default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its
own costs.
Severability. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement,
then the application of such term or provision to persons or circumstances other than those as to which it is
held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement
shall be deemed valid and enforceable to the extent permitted by law.
Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of
funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County.
No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed
by CONSULTANT shall survive the termination or expiration of this Agreement.
Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and
shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and
any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as
the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was
properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the
judicial rule of construction to the effect that a legal document shall be construed against the draftsperson
shall be inapplicable to this Agreement.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original copy and all of which shall constitute but one and the same instrument.
10. Public Records Compliance
Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply
with Florida's Public Records Law. Specifically, the Consultant shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the CountVs Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
142
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of
the Consultant or keep and maintain public records required by the County to perform the service. If the
Consultant transfers all public records to the County upon completion of the contract, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of Public Records,
in a format that is compatible with the information technology systems of the County.
B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement.
143
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
OWNER:
INDIAN RIVER COUNTY
By:
Joseph H. Earman, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Gustavo Vergara, CPRE
Parks and Recreation Assistant Director
1590 9th Street SW, Vero Beach, FL 32962
772-226-1780
gvergara@ircgov.com
CONSULTANT:
By:
(CONSULTANT)
(CORPORATE SEAL)
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Email:
(If CONSULTANT is a corporation or a partnership,
attach evidence of authority to sign.)
144
Management, Progress Reporting & Data Revnew
A. Kilt Meetin & Project M ent
B. Data Collection and Review
$,
C.inven
SUIbRo>cal bobis
Task 2. Public Engagement and y/Deni
jfi
Anal is
A. Demographic & Recreation Tr laLL
Demographic / Trends
---W
B. Advocacy Strategy
984
C. Key LeadershiplFocus GmO Int iii
J. 14,000
D. Public Fo ms orksi�'
-
8 600
E. Online SuryeV
1,860
F. SKiai Pinpoint Website
6,860
;Task 3 - Needs Assessment, Develo of Vision,' n Guideli`
Strata
Agept 04004
tnen
32,940
A..Statfs;lkal ValidNeedsA Stave
$
14,660
8. Park Site Evalttatims
$
W10
C. Pa , i C ifications and Current WW ofServlai Ana
sc
W
SAW
D. 6lS Ma i
_
9,440,
E. Recreation Program and Services Analysis
... G
F._Pdorfflzed Facility/Amenity P M21 &Needs Analysis
2,040
G. Capital Improvement Plan _
S a3lb
H. Organizational Review.
$,000
i. Funding and Revenue Strategies
Task 4 - implementation & Maste . o
A. Develop Vision, Mis on and Goa''ecdiyea
=
B. Strategic Action Plan
$
_A11092
G Draft MERA rotlon anal $fi9i
i
D. Final MasWftn Preparation and Pt+oduroion
Subtotal Dollars $
16,712
1b:TAL DOLLARS S
149,692
145
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Board of County Commissioners
THROUGH John Titkanich, Jr., County Administrator
THROUGH: Richard B. Szpyrka, P.E. Public Works Director
THROUGH: Eric Charest, Natural Resources Manager
FROM: Quintin Bergman, M.S. Environmental Specialist
SUBJECT: Amendment No. 1 to APTIM Work Order No. 2018006-14, Sector 3
Beach and Dune Restoration Project (IRC1925) Post Construction
Environmental Monitoring
DATE: August 14, 2023
DESCRIPTION AND CONDITIONS
On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim
Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological
support services related to the management and nourishment of the Sector 3 (Wabasso Beach)
Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile
section of shoreline that extends from the Seaview Subdivision in the north to just south of the
Turtle Trail beach park. Sector 3 beaches sustained erosional damage from Hurricane Matthew
(2016), Irma (2017), and Dorian (2019) creating the need for repair.
Construction of the Sector 3 Beach and Dune Restoration project has since been completed, with
construction taking place in 2 phases based on the size and scope of the project. Phase 1 was
constructed in 2021, with Phase 2 construction having been completed in January 2022. Phase
1 represented approximately 3.7 miles in the northern portion of the project area, with Phase 2
beginning at Wabasso Beach Park and continuing south approximately 2.9 miles.
On February 13, 2023 the BCC approved APTIM Work Order No. 2018006-14 for professional
services related to permit required post -construction environmental monitoring for Phase 1 and
Phase 2. These monitoring activities are evaluated to demonstrate compliance with permit
conditions. In the case of the Sector 3 Beach and Dune Restoration Project, the required
monitoring includes:
• Year 2 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea
Turtle/Shorebird Monitoring for Phase 1. (Task 1)
• Year 1 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea
Turtle/Shorebird Monitoring for Phase 2 (Task 2)
146
Page 2 of 2
BCC Agenda Item
APTIM Work Order No. 2018006-14, Amendment No. 1
Item for August 29, 2023
The 2023 sea turtle nesting season has been more robust than expected, resulting in the need to
increase the sea turtle monitoring portions of APTIM Work Order No. 2018006-14. The proposed
Amendment No. 1 to Work Order No. 2018006-14 requests an increase of funds to cover costs
associated with increased sea turtle monitoring services due to the higher numbers of nests
observed on the County's beaches this season. Amendment No. 1 to Work Order No. 2018006-
14 increases the fees by $26,799.83 per the breakdown below:
• Year 2 Post -Construction Sea Turtle Monitoring for Phase 1, increase of $11,609.93 (Task 1)
• Year 1 Post -Construction Sea Turtle Monitoring for Phase 2, increase of $15,189.90 (Task 2)
FUNDING
Local funding of the Coastal Engineering Fund includes a portion of Local Option Tourist Tax
Revenue, FEMA project worksheets and FDEP grants. Funding for Amendment No. 1 to Work
Order No. 2018006-14 in the amount of $26,799.83 is budgeted and available for the Sector 3
Beach and Dune Nourishment Project in the Coastal Engineering Fund/Sector 3 Post Construction
Monitoring Account No. 12814472-033490-05054.
Account Name
Account No.
Amount
Coastal Engineering Fund/Other
12814472-033490-05054
$26,799.83
Contractual Services/Sector 3 Post
Construction Monitoring
RECOMMENDATION
Staff recommends the BCC authorize Amendment No. 1 to Work Order No. 2018006-14 in the
total lump sum amount of $26,799.83. Additionally, staff recommends the BCC authorize the
Chairman to execute Amendment No. 1 to Work Order No. 2018006-14.
ATTACHMENTS
1. 2018006-14 Amendment No. 1
2. 2018006-14 Amendment No. 1 Execution
APPROVED AGENDA ITEM FOR: AUGUST 29. 2023
147
LAIMMY
July 25, 2023
Revised August 8, 2023
Eric Charest
Natural Resources Manager
Indian River County Public Works Coastal Division
1801 27th Street, Vero Beach, FL 32960
Subject: Indian River County, FL
Sector 3 — 2018006 — Amendment #1 to Work Order #14
2023 Post -Construction Environmental Monitoring
Dear Eric:
Aptim Environmental & Infrastructure, Inc.
6401 Congress Avenue, Suite 140
Boca Raton, FL 33487
Tel: +1 561 3918102
Fax: +1 561 391 9116
www.aptim.com
This amendment request is submitted for Aptim Environmental & Infrastructure, LLC (APTIM), to provide
additional professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune
Renourishment Project. APTIM's approved subconsultant, Ecological Associates, Inc. (EAI), has documented a
record number of sea turtle nests along the Sector 3 project areas to date and are on track to exceed the allotted
funds for nest marking and monitoring. This amendment requests to increase the funds under Task 113 and Task
2B to account for the estimated nest marking and monitoring activities for the remainder of the 2023 monitoring
season.
The additional scope of work to support the County includes the following items:
1. Phase 1— Post -Construction Environmental Monitoring (R-20 to R-40)
1B. Sea Turtle Monitoring
• Increase the number of marked nests by 150 nests to a total of 540 nests
• Project and contract management
• The lump sum cost of this task is $11,609.93
2. Phase 2 — Post -Construction Environmental Monitoring (R-40 to R-55)
2B. Sea Turtle and Shorebird Monitoring
• Increase the number of marked nests by 200 nests to a total of 590 nests
• Project and contract management
• The lump sum cost of this task is $15,189.90
A breakdown of the hours and expenses to develop the cost is provided on the following page and EAI's cost
breakdown for sea turtle monitoring tasks is provided as Attachment 1. The scope and fee were developed
following the provisions of the Professional Services Agreement between the County and APTIM, dated January
9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune
Renourishment Project (RFQ#2018006).
148
APTIM
Summary
August 8, 2023
Page 2 of 4
The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Amendment #1
to Work Order #14 is $26,799.83. Thank you for the opportunity to serve Indian River County. As always, please
do not hesitate to call if you have any questions.
Sincerely,
XOJ3-4�
Katy Brown
Lead Marine Biologist
Aptim Environmental & Infrastructure, LLC
cc: Nicole S. Sharp, P.E., APTIM
Debra Neese, APTIM
Authorized Corporate Signature
Nicole S. Sharp P.E. '
Printed Name
Coastal Restoration & Modeling Program Manager
Title
149
APTIM
Indian River County, Florida
Sector 3 - 2018006 - Work Order #14
2023 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring
Amendment #1 Revised
Summary of Cost by Task
August 8, 2023
Page 3 of 4
Task Number
Task Name
Labor
Equipment
Materials
Mobilization
Subcontractors
Total
Task 1A
Phase 1 Nearshore Hardbottom Biological
$
$
$
$
$
$
8
Mbnitorin
Task 18
Phase 1 Sea TurUe Monitoring
$ 870.00
$ 10,739.93
$ 11,609.93
Task 2A
Phase 2 Nearshore Hardbottom Biological
$
$
$
$
$
$
Mbnitorin
3.90
$
25,059.83
Task 26
Phase 2 Sea Turtle Monitoring
$ 870.00
$ 14,319.90
$ 15,189.90
Totals =
$ 1,740.00
$
$ -
$
$ 25,059.83
$ 26,799.83
ng
Totals
Hours
Labor0$660M
1.00
4).00
8
3.90
$
25,059.83
9.90
6
$
26,799.83
150
APTIM
ATTACHMENT 1
EAI COST BREAKDOWN
151
Description of Itemized Changes
Sector 3 Phase 1 Post -construction Sea Turtle Monitoring Program 2023
Ecological Associates, Inc.
O.S. No. 219972 (Project/Tasking No. 631029936)
Item No. I Description
Unit
Quantity
Unit Price
Price Increase
4 INest marking and Monitoring
ea
150
$ 68.19
$ 10,228.50
Sector 3 Phase 1 Sea Turtle Monitoring Program 2023 Total $ 10,228.50
152
Description of Itemized Changes
Sector 3 Phase 2 Post -construction Sea Turtle Monitoring Program 2023
Ecological Associates, Inc.
O.S. No. 219972 (Project/Tasking No. 631029936)
Item No.
I Description
Unit Quantity
Unit Price
Price Increase
4
INest marking and Monitoring
ea 200
1 $ 68.19
$ 13,638.00
Sector 3 Phase 2 Sea Turtle Monitoring Program 2023 Total $ 13,638.00
153
AMENDMENT 1 TO WORK ORDER 2018006-14
Sector 3 Post Construction Environmental Monitoring
This Amendment 1 to Work Order Number 2018006-14 is entered into as of this _ day
of , 202_, pursuant to that certain Engineering and Biological Support Services Contract for
Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and
between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim
Environmental and Infrastructure, LLC ("CONSULTANT").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order
Number 2018006-14 , Effective Date February 13, 2023
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work)
attached to this Amendment and made part hereof by this reference. The professional services will be performed
by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule) in accordance with the terms and
provisions set forth in the Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth
in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall
conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in
each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 2018006-14 as of
the date first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: APTIM Environmental & Infrastructure By:
Print Name:
Title:
Joseph Earman, Chairman
BCC Approved Date:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
John Titkanich, Jr., County Administrator
William K. DeBraal, County Attorney
154
R6
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE:
August 22, 2023
TO:
BOARD OF COUNTY COMMISSIONERS
THROUGH:
John A. Titkanich, Jr., County Administrator
Coastal Engineering Fund/CIP/Storm Nicole — Sector 4
Kristin Daniels, Director, Office of Management and Budget
FROM:
Jennifer Hyde, Purchasing Manager
SUBJECT:
Approval of Agreement with Coastal Tech for Preliminary Design and Pre -
Permitting Agency Coordination for Sector 4 Dune Restoration
BACKGROUND:
On August 15, 2023, the Board approved the final ranking of firms for the subject project, and
authorized negotiations with the top ranked consultant, Coastal Technology Corporation.
Negotiations are now complete, and the agreement and first work order providing services leading
up to pre -permitting regulatory agency coordination is submitted for the Board's consideration.
Upon completion of this initial work order, future work orders related to permitting, design,
bidding and additional public outreach for the Sector 4 Dune Restoration project will be brought
before the Board for consideration.
Work Order 1 includes Conceptual Design ($16,210), Permitting/Pre-Application Conference
($3,120), and Public Outreach Meetings ($4,700), for a total cost of $24,030.
FUNDING•
Funding, in the amount of $5,286.6o, will come from the Coastal Engineering
Fund/CIP/Hurricane Ian — Sector 4 account, number 12814472 -o66515 -226o1, along with
$18,743.40 from the Coastal Engineering Fund/CIP/Storm Nicole — Sector 4 account, number
12814472-o66515-23007, for a total ro'ect cost of $24,030.00.
RECOMMENDATION•
Staff recommends the Board approve the agreement and Work Order 1, and authorize the
Chairman to execute both documents, after review and approval by the County Attorney as to form
and legal sufficiency.
ATTACHMENTS:
Agreement
Work Order 1
155
WRI WE MA
12814472 -o66515 -226o1
Coastal Engineering Fund/CIP/Hurricane Ian — Sector 4
$5,286.6o
12814472-o66515-23007
Coastal Engineering Fund/CIP/Storm Nicole — Sector 4
$18,743.40
Total for Work Order 1
$24,030
RECOMMENDATION•
Staff recommends the Board approve the agreement and Work Order 1, and authorize the
Chairman to execute both documents, after review and approval by the County Attorney as to form
and legal sufficiency.
ATTACHMENTS:
Agreement
Work Order 1
155
AGREEMENT FOR ENGINEERING CONSULTING SERVICES FOR
ENGINEERING AND BIOLOGICAL SUPPORT SERVICES FOR SECTOR 4
DUNE RENOURISHMENT PROJECT
THIS AGREEMENT, entered into this 29th day of August, 2023, by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY", and COASTAL TECHNOLOGY CORPORATION, hereinafter referred to as the
"CONSULTANT".
BACKGROUND RECITALS:
In accordance with the Consultants' Competitive Negotiations Act, Section 287.055,
Florida Statutes, the COUN'T'Y solicited, evaluated, developed a ranking of firms, and
selected Consultant to provide Engineering and Biological Support Services ("Services") for
the Restoration of Sector 4 Dunes ("Project"), based on statement of qualifications received
in response to Request for Qualifications ("RFQ") 2023051.
The Consultant is willing and able to perform the Services, identified in Exhibit A, for
the County on the terms and conditions set forth below; and
The County and Consultant wish to enter into this Agreement for the Consultant's
Services for the Project.
NOW THEREFORE, in accordance with the mutual covenants herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. GENERAL
1.1 Professional services shall be identified in individual Work Orders prepared by the
COUNTY. Work Orders will be executed by the Board of County Commissioners, County
Administrator, or the Purchasing Manager, as authorized. Work Orders shall include a
description of services to be performed; a statement of fees; a schedule of deliverables; proposed
schedule for compensation and whether compensation is lump sum, maximum amount not -to -
exceed, task based, or any combination of the foregoing; a budget establishing the amount of
compensation to be paid with sufficient detail so as to identify all of the various elements of costs;
a projected schedule for completion of the work to be performed by the CONSULTANT; and any
other additional instructions or provisions relating to the specific Services authorized pursuant
to each Work Order that does not conflict with the terms of this Agreement.
1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal
document that is dated; serially numbered; and executed by both the COUNTY and the
CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services
and CONSULTANT indicates a willingness to perform such specific services for the terms
and under the conditions specified in this Agreement. Each Work Order must be fully
executed by the COUNTY prior to issuance of the related Notice -to -Proceed.
1.3 Services related to any individual Work Order which would increase or decrease
cost, or which are otherwise outside the scope of Services or level of effort contemplated by
the Work Order shall be Services for which the CONSULTANT must obtain the prior written
approval of the COUNTY, as provided by this Agreement. All terms for the performance of
such Services must be agreed upon in a written document prior to any deviation from the
terms of a Work Order; and when properly authorized and executed by both the
CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new
Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the
sole option of the COUNTY, be given for each phase of the services contained in any Work
156
Order hereunder.
1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing
requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the
COUN'T'Y, shall be an addendum to this Agreement. Nothing contained in any Work Order
shall conflict with the terms of this Agreement, and the terms of this Agreement shall be
deemed to be incorporated into each individual Work Order as if fully set forth therein.
1.5 A schedule of current hourly billing rates is set forth in Exhibit B, attached to this
Agreement and made a part hereof by this reference. These hourly billing rates will remain
effective for the term of the Agreement.
1.6 The Background Recitals are true and correct and form a material part of this
Agreement.
2. COUNTY OBLIGATIONS
2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or
reports available as required in connection with the work to be performed under this Agreement,
together with all available drawings, surveys, right-of-way maps, and other documents in the
possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to
accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUrTTY's
attention, for the County's resolution, material inconsistencies or errors in such data that come
to the CONSULTANT'S attention.
2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT
to enter upon, public and private property (where required) as necessary for the
CONSULTANT to perform its Services, upon timely written request of CONSULTANT to
COUNTY.
2.3 The COUNTY shall promptly execute all permit applications necessary to the Project.
2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings,
specifications, proposals and other documents presented by the CONSULTANT, and render,
in writing, decisions pertaining thereto within a reasonable time.
2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not
limited to drawings, design specifications, written reports, or any work products of any
nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of
responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's
review, approval or acceptance of, or payment for, any of the Services furnished under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement or of
any cause of action arising out of the performance of this Agreement. The CONSULTANT
shall be and remain liable in accordance with all applicable laws for all damages to the
COUNTY caused by the negligent performance by the CONSULTANT of any of the Services
furnished under this Agreement.
2.6 The COUNTY reserves the right to appoint one or more Project Managers for the
specific Services in connection with this Agreement. The Project Manager shall:
(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit
instructions to and receive information from the CONSULTANT; (c) communicate the
COUN TY's policies and decisions to the CONSULTANT regarding the Services; and (d)
determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and
obligations hereunder.
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2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the
COUNTY observes or otherwise becomes aware of any development that affects the timing
or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in
completing its Services through no fault or negligence of either the CONSULTANT or any
sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the
provisions of this Agreement, then the CONSULTANT shall promptly notify the Project
Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of
evidence of the causes of the delay, the Agreement shall be modified in writing as set forth in
this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of
the Services at any time in accordance with this Agreement.
2.8 The CONSULTANT shall not be considered in default for a failure to perform if such
failure arises out of causes reasonably beyond the CONSULTANT's control and through no
fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather
conditions, acts of God, or other unforeseen circumstances of a similar nature, may
necessitate modifications to this Agreement. If such conditions and circumstances do in fact
occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the
modifications to be made to this Agreement.
3. RESPONSIBILITIES OF THE CONSULTANT
3.1 The CONSULTANT agrees to perform all necessary Services in connection with the
assigned Project(s) as set forth in this Agreement.
3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any
Project.
3.3 The CONSULTANT agrees to complete the Project within the time frame specified
in this agreement.
3.4 The CONSULTANT will maintain an adequate staff of qualified personnel.
3.5 The CONSULTANT will comply with all present and future federal, state, and local
laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed
under this Agreement.
3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and
agree that: (i) in connection with the furnishing of Services to the COUNTY hereunder, no
person shall be excluded from participation in, denied the benefits of, or otherwise subjected
to discrimination in regard to the services to be performed by CONSULTANT under this
Agreement on the grounds of such person's race, color, creed, national origin, religion,
physical disability, age, or sex, or gender identity; and (2) the CONSULTANT shall comply
with all existing requirements concerning discrimination imposed by any and all applicable
local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or
guidelines may be from time to time amended.
3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep
in full force, effect, and good standing any and all necessary licenses, registrations,
certificates, permits, and any and all other authorizations as are required by local, state, or
federal law, in order for the CONSULTANT to render its Services as described in this
Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract
with the provisions of this section.
3.8 The CONSULTANT will prepare all necessary sketches and completed application
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forms to accompany the COUNTY's applications for any required federal, state, or local
permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for
additional information related to a permit application. The CONSULTANT will document all
meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the
COUNTY with copies of all permit applications, including attachments, and all related
correspondence. The CONSULTANT acknowledges that preparation of all applicable permits
for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written
responses to all regulatory agencies' questions until the permit is issued or denied, are
included within the scope of basic compensation in this Agreement.
3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of
the work may be properly scheduled and coordinated.
3.10 The CONSULTANT will cooperate and coordinate with other COUNTY
CONSULTANTS, as directed by the COUNTY.
3.11 The CONSULTANT shall report the status of the Services under this Agreement to
the County Project Manager upon request and hold all drawings, calculations and related
work open to the inspection of the County Project Manager or his authorized agent at any
time, upon reasonable request.
3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and
information, maps, contract documents, and other data developed by the CONSULTANT for
the purpose of this Agreement, are and shall remain the property of the COUNTY. The
foregoing items will be created, maintained, updated, and provided in the format specified
by the COUNTY. When all work contemplated under this Agreement is complete, all of the
above data shall be delivered to the County Project Manager.
3.13 The CONSULTANT will confer with the COUNTY during the further development of
improvements for which the CONSULTANT has provided design or other services, and the
CONSULTANT will interpret plans and other documents; correct errors and omissions; and
prepare any necessary plan revisions not involving a change in the scope of the work
required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by
the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors
or omissions, whichever event shall first occur. The foregoing is not intended to include
construction management services provided by the CONSULTANT.
3.14 The CONSULTANT agrees to maintain complete and accurate books and records
("Books"), in accordance with sound accounting principles and standards for all Services,
costs, and expenditures under this Agreement. The Books shall identify the Services rendered
during each month of the Agreement and the date and type of each Project -related expense.
The COUNTY shall have the right at any reasonable time and through any of its designated
agents or representatives, to inspect and audit the Books for the purpose of verifying the
accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available
to the COUNTY as specified above, until the later of three (3) years after the date of
termination of this Agreement, or such longer time if required by any federal, state, or other
governmental law, regulation, or grant requirement.
3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without
the prior written consent of the COUNTY. When applicable and upon receipt of such consent from
the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
reports or other data.
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3.16 All documents, including but not limited to drawings and specifications, prepared by the
CONSULTANT pursuant to this Agreement are related exclusively to the Services described
herein and are not intended or represented to be suitable for reuse by the COUNTY or others on
any other project. Reuse of any document or drawing shall be at the COUNTY's own risk.
3.17 CONSULTANT is registered with and will use the Department of Homeland Security's
E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired
employees for the duration of this agreement, as required by Section 448•095, F.S. CONSULTANT
is also responsible for obtaining proof of E -Verify registration and utilization for all
subconsultants.
3.18 The CONSULTANT shall not be held liable for any modifications made to the documents
by others.
3.19 Where services hereunder include preparation of drawings and other contract
documents by CONSULTANT and where, notwithstanding acceptance and approval by the
COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so
prepared are found during the course of construction to require modification due to the oversight,
inadvertence or negligent omissions of, errors by, or lack of detail provided by CONSULTANT,
such modifications must be made by CONSULTANT without additional compensation. Where
such contract documents are used in letting a contract for construction, CONSULTANT will
assume responsibility for any direct or actual damages suffered or incurred by the COUNTY,
including, but not limited to, any increase in compensation due to a construction contractor,
which increase is directly attributable to the required changes in the Drawings or other contract
documents to the extent caused by CONSULTANT's negligent acts, omissions, or errors.
4. TERM; DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of two years after the date of
execution thereof, or until completion of all projects, as defined by the COUNTY, whichever
occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or
terminated pursuant to Section 9 "Termination."
5. COMPENSATION
5.1 The County shall pay to the a mutually agreed upon lump sum or maximum amount not -
to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or
on a deliverable basis, all as set forth in a Work Order. Invoices shall be submitted to the County
Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon
submittal of a proper invoice the County Project Manager will determine if the tasks or portions
thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the
County Project Manager will authorize payment to be made. All payments for services shall be
made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act,
as may be amended from time to time (Section 218.70, Florida Statutes, et seq.).
5.2 The Consultant acknowledges and agrees that it will not be reimbursed for travel
within the State of Florida.
5.3 The COUNTY shall make direct payment of all permit fees paid to regulatory
agencies for approvals directly attributable to the Services under the Project. These permit
fees do not include those permits required for any construction contractor.
5.4 The COUNTY may at any time notify the CONSULTANT of requested changes to the
Services, and thereupon the COUNTY and the CONSULTANT shall execute a mutually
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agreeable amendment to this Agreement.
5.5 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any
portion of the Services under any work order at any time and for any reason, upon written
notice to the CONSULTANT specifying the nature and extent of the reduction. In such event,
the CONSULTANT shall be paid for the Services already performed and also for the Services
remaining to be done and not reduced or eliminated, upon submission of invoices as set forth
in this Agreement.
5.6 The COUNTY may, at any time and for any reason, direct the CONSULTANT to
suspend Services, in whole or in part under this Agreement. Such direction shall be in writing,
and shall specify the period during which Services shall be stopped. The CONSULTANT shall
resume its Services upon the date specified, or upon such other date as the COUNTY may
thereafter specify in writing. Where the COUNTY has suspended the Services under this
Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for
such suspended Services may be subject to modification. The period during which the
Services are stopped by the COUNTY shall be added to the time of performance of this
Agreement.
6. ADDITIONAL WORK
6.1 If services in addition to the Services provided hereunder are required or desired by
the County in connection with the Project, the COUNTY may, at the sole option of the
COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT
to provide, either directly by the CONSULTANT or by a sub consultant, such additional
services by written amendment to this Agreement.
7. OWNERSHIP AND REUSE OF DOCUMENTS
7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans,
electronic files, specifications, field books, survey information, maps, contract documents,
and other data developed by the CONSULTANT pursuant to this Agreement, shall be vested
in the COUNTY. Said materials shall be made available to the COUNTY by the
CONSULTANT at any time upon request of the COUNTY. On or before the tenth day after
all work contemplated under this Agreement is complete, all of the above materials shall be
delivered to the County Project Manager.
7.2 Reuse of Documents: All documents, including but not limited to reports, drawings
and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement,
are related exclusively to the services described herein. They are not intended or represented
to be suitable for reuse by the COUNTY or others on extensions of this project or on any other
project. The COUN'TY's reuse of any document or drawing shall be at the COUNTY's own
risk. The COUN'T'Y shall not hold the CONSULTANT liable for any misuse by others.
8. INSURANCE AND INDEMNIFICATION
8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall
provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the
insurance listed in the Agreement.
8.2 CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
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representatives, employees or subcontractors. The cost of such insurance shall be included in the
CONSULTANT's fees.
8.3 Minimum Scope of Insurance
A. Worker's Compensation as required by the State of Florida. Employers Liability of
$ioo,000 each accident, $5oo,000 disease policy limit, and $1oo,000 disease each employee.
B. General Liability $i,000,000 combined single limit per accident for bodily injury
and property damage. Coverage shall include premises/operations, products/completed
operations, contractual liability, and independent contractors. COUNTY shall be named an
"Additional Insured" on the certificate of insurance.
C. Auto Liability $500,000 combined single limit per accident for bodily injury and
property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles.
D. Professional Liability Insurance providing coverage for negligent acts, errors, or
omissions committed by CONSULTANT with a $500,000 per claim/annual aggregate. This
insurance shall extend coverage to loss of interest, earning, profit, use and business interruption,
cost of replacement power, and other special, indirect, and consequential damages.
8.4 CONSULTANT's insurance coverage shall be primary.
8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that
A -VII. The insurer chosen shall also be licensed to do business in Florida.
8.6 The insurance policies procured, other than professional liability, shall be occurrence
forms, not claims made policies. Professional liability shall be on a claims -made basis.
8.7 The insurance companies chosen shall provide certificates of insurance prior to signing of
contracts, to the Indian River County Risk Management Department.
8.8 Each insurance company shall provide the Indian River County Risk Management
Department with a certificate of insurance that states that the insurance company will provide 30
days notice to the Risk Management Department, of cancellation and/or nonrenewal.
8.9 The CONSULTANT shall ensure all subcontractors hold the insurance as detailed herein.
8.io Any deductibles or self-insured retentions greater than $1oo,000 must be approved by
the Risk Manager for Indian River County, with the ultimate responsibility for same going to the
CONSULTANT.
8.11 The Consultant shall indemnify and hold harmless the County and its commissioners,
officers, employees and agents, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the design professional and other persons employed or utilized
by the design professional in the performance of the contract.
9. TERMINATION
9.1 This Agreement may be terminated: (a) by the COUN'T'Y, for any reason, upon thirty
(3o) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any
reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual
Agreement of the parties; or d) as may otherwise be provided below. In the event of the
termination of this Agreement, any liability of one party to the other arising out of any
Services rendered, or for any act or event occurring prior to the termination, shall not be
terminated or released.
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9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the
CONSULTANT shall be payment for those portions of satisfactorily completed under this
Agreement. Such payment shall be determined on the basis of the hours of work performed
by the CONSULTANT, or the percentage of work complete as estimated by the
CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event
of such termination, the COUNTY may, without penalty or other obligation to the
CONSULTANT, elect to employ other persons to perform the same or similar services.
9.3 The obligation to provide services under this Agreement may be terminated by either
party upon seven (7) days prior written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement through no fault of the
terminating party.
9.4 In the event that the CONSULTANT merges with another company, becomes a
subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the
right to terminate this Agreement in accordance with its terms.
9.5 In the event of termination of this Agreement, the CONSULTANT agrees to
surrender any and all documents prepared by the CONSULTANT for the COUNTY in
connection with this Agreement.
9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to
allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in
conjunction with this Agreement.
9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT
submits a false invoice to the COUNTY.
9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by
Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s.
215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may
terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to
have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott
of Israel as set forth in section 215.4725, Florida Statutes.
9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section
215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false
certification as provided under section 287.135(5) Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
as defined by section 287.135, Florida Statutes.
io. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES
10.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a
truth- in -negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's other
customers, for the same or substantially similar service. The wage rates and costs shall be
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adjusted to exclude any significant sums should the COUN'T'Y determine that the wage rates
and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to
inaccurate representations of fees paid to outside CONSULTANT& The COUNTY shall
exercise its rights under this "Certificate" within one (i) year following final payment.
COUNTY has the authority and right to audit CONSULTANT's records under this provision.
The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055,
Florida Statutes, as it may be from time -to -time amended.
10.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055,
Florida Statutes, the CONSULTANT warrants that it has not employed or retained any
company or person other than a bona fide employee working solely for the CONSULTANT to
solicit or secure this Agreement and that it has not paid or agreed to pay any company or
person other than a bona fide employee working solely for the CONSULTANT any fee,
commission, percentage fee, gifts or any other considerations, contingent upon or resulting
from the award or making of this contract. For breach of violation of this provision, the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
ii. MISCELLANEOUS PROVISIONS
11.1 Independent Contractor. It is specifically understood and acknowledged by the
parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT
are in no way to be considered employees of the COUNTY, but are independent contractors
performing solely under the terms of the Agreement and not otherwise.
11.2 Merger; Modification. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter of the Agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by the CONSULTANT and the COUNTY.
11.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be
construed according to the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this Agreement shall be in
Indian River County, Florida, or, in the event of federal jurisdiction, in the United States
District Court for the Southern District of Florida.
11.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive of each other or of any other remedy
available to either parry, at law or in equity. Each right, power and remedy of the parties
provided for in this Agreement shall be cumulative and concurrent and shall be in addition
to every other right, power or remedy provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise. The failure of either party to insist upon
compliance by the other parry with any obligation, or exercise any remedy, does not waive
the right to so in the event of a continuing or subsequent delinquency or default. A parry's
waiver of one or more defaults does not constitute a waiver of any other delinquency or
default. If any legal action or other proceeding is brought for the enforcement of this
Agreement or because of an alleged dispute, breach, default, or misrepresentation in
connection with any provisions of this Agreement, each party shall bear its own costs.
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11.5 Severability. If any term or provision of this Agreement or the application thereof to
any person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Agreement, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
11.6 Availability of Funds. The obligations of the COUNTY under this agreement are
subject to the availability of funds lawfully appropriated for its purpose by the Board of
County Commissioners of Indian River County.
11.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien,
or any form of indebtedness.
11.8 Survival. Except as otherwise expressly provided herein, each obligation In this
Agreement to be performed by CONSULTANT shall survive the termination or expiration of
this Agreement.
11.9 Construction. The headings of the sections of this Agreement are for the purpose of
convenience only, and shall not be deemed to expand, limit, or modify the provisions
contained in such sections. All pronouns and any variations thereof shall be deemed to refer
to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties
may require. The parties hereby acknowledge and agree that each was properly represented
by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial
rule of construction to the effect that a legal document shall be construed against the
draftsperson shall be inapplicable to this Agreement.
11.10 Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and the
same instrument.
11.11 Public Records Compliance
Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant
shall comply with Florida's Public Records Law. Specifically, the Consultant shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Consultant or keep and maintain public records required by the County to
perform the service. If the Consultant transfers all public records to the County upon completion
of the contract, the Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the Consultant shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
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the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
nublicrecords (& ircgov. com
Indian River County Office of the County Attorney
1801 2Street
Vero Beach, FL 3296o
C. Failure of the Consultant to comply with these requirements shall be a material breach of this
Agreement.
11.12 FLORIDA STATUTE 558
PURSUANT TO FLORIDA STATUTE § 558•0352 AN
INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT
MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE.
12. FEDERAL CLAUSES
A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall
maintain payrolls and basic payroll records during the course of the work and shall preserve
them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall
contain the name and address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. (2) Records to be maintained under this provision
shall be made available by the CONSULTANT or subcontractor for inspection, copying, or
transcription by authorized representatives of the Department of Homeland Security, the
Federal Emergency Management Agency, and the Department of Labor, and the
CONSULTANT or subcontractor will permit such representatives to interview employees
during working hours on the job.
B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2
C.F.R. pt. 18o and 2 C.F.R. pt. 30oo. As such the CONSULTANT is required to verify that
none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935)•
(2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by OWNER. If it is later
determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal
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Government may pursue available remedies, including but not limited to suspension and/or
debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms
who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency.
D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the
CONSULTANT shall make maximum use of products containing recovered materials that are
EPA -designated items unless the product cannot be acquired—(i) Competitively within a
timeframe providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-
cpg-program.
(3) The CONSULTANT also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
E. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award
Funds for Covered Telecommunications Equipment or Services (Interim), as used in this
clause—
(b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an
executive agency on or after Aug -13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain telecommunications products or from
certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this
clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative
agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency
to: (i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to
procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system; (iii) Enter into, extend, or renew contracts with entities that use
covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system; or (iv) Provide, as part of its
performance of this contract, subcontract, or other contractual instrument, any equipment,
system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system.
12
167
(c) Exceptions. (1) This clause does not prohibit CONSULTANTs from providing—
(i) A service that connects to the facilities of a third -parry, such as backhaul, roaming, or
interconnection arrangements; or (ii) Telecommunications equipment that cannot route or
redirect user data traffic or permit visibility into any user data or packets that such equipment
transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions
also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not
used as a substantial or essential component of any system; and ii. Are not used as critical
technology of any system. (ii) Other telecommunications equipment or services that are not
considered covered telecommunications equipment or services.
(d) Reporting requirement. (1) In the event the CONSULTANT identifies covered
telecommunications equipment or services used as a substantial or essential component of
any system, or as critical technology as part of any system, during contract performance, or
the contractor is notified of such by a subcontractor at any tier or by any other source, the
CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient
or subrecipient, unless elsewhere in this contract are established procedures for reporting
the information.(2) The CONSULTANT shall report the following information pursuant to
paragraph (d)(1) of this clause: (i) Within one business day from the date of such
identification or notification: The contract number; the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the CONSULTANT shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any
additional efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with
law, the CONSULTANT should, to the greatest extent practicable, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United
States. This includes, but is not limited to iron, aluminum, steel, cement, and other
manufactured products. For purposes of this clause: Produced in the United States means,
for iron and steel products, that all manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United States. Manufactured products
mean items and construction materials composed in whole or in part of non-ferrous metals
such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
G. Access to Records: The following access to records requirements apply to this contract: (1)
The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the CONSULTANT
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing
parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his
authorized representatives access to documents pertaining to the work being completed
under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018,
the OWNER and the CONSULTANT acknowledge and agree that no language in this contract
is intended to prohibit audits or internal reviews by the FEMA Administrator or the
13
168
Comptroller General of the United States.
H. DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests,
or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -
approval. The CONSULTANT shall include this provision in any subcontracts.
I. Compliance with Federal Law, Regulations, and Executive Orders: This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The CONSULTANT will comply will all applicable Federal law, regulations,
executive orders, and FEMA policies, procedures, and directives.
J. No Obligation by Federal Government: The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non -Federal entity,
CONSULTANT, or any other party pertaining to any matter resulting from the contract.
K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to the contract.
L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to
take all necessary steps identified in 2 C.F.R. § 200.321(b)(i)-(5) to ensure that small and
minority businesses, women's business enterprises, and labor surplus area firms are used
when possible.
M. License and Delivery of Works Subject to Copyright and Data Rights: The
CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable,
worldwide license in data first produced in the performance of this contract to reproduce,
publish, or otherwise use, including prepare derivative works, distribute copies to the public,
and perform publicly and display publicly such data. For data required by the contract but
not first produced in the performance of this contract, the CONSULTANT will identify such
data and grant to the Owner or acquires on its behalf a license of the same scope as for data
first produced in the performance of this contract. Data, as used herein, shall include any
work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary
works, software and/or source code, music, choreography, pictures or images, graphics,
sculptures, videos, motion pictures or other audiovisual works, sound and/or video
recordings, and architectural works. Upon or before the completion of this contract, the
CONSULTANT will deliver to the Owner data first produced in the performance of this
contract and data required by the contract but not first produced in the performance of this
contract in formats acceptable by the Owner.
14
169
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
CONSULTANT:
By
Date
Witness:
By
Printed Name
INDIAN RIVER COUNTY
By its Board of County Commissioners
By
Joseph H. Earman, Chairman
Date Approved by BCC:
Attest: Ryan L. Butler, Clerk of Court
And Comptroller
By
Deputy Clerk
Approved:
John A. Titkanich, Jr., County Administrator
Approved as to form and legal
sufficiency:
William K DeBraal, County Attorney
15
170
Exhibit A — Scope of Services
■ Planning, environmental investigation, analysis, and related services for the preparation of
documentation necessary for design, permitting, bidding, construction, monitoring and
management for the Sector 4 Dune Restoration Project.
■ Feasibility analysis of project alternatives, to include cost-effectiveness, permitability,
environmentally conscientiousness, engineering soundness, and constructability.
■ Identification and documentation of environmental impacts of feasible alternatives (i.e.
possible impacts to marine turtle nesting and nearshore hardbottom resources).
■ Interpretation of numerical hydrodynamic and morphological coastal modeling and
utilization of predictive modeling to evaluate project performance.
■ Preparation of National Environmental Policy Act (NEPA) documents and preparation of
monitoring and mitigation plans.
• Preparation of State and Federal Permit applications and all services necessary for issuance of
permits.
■ Sea turtle monitoring (nesting and nearshore) and reporting to State and Federal agencies.
■ Offshore biological monitoring (nearshore hardbottom, UMAM, etc.) and reporting to State
and Federal agencies.
■ Grant assistance and writing.
■ FEMA reporting, and project reimbursement assistance.
i6
171
Exhibit B — Hourly rates
+ .,L TWA#.:..
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. . L71Glji�: LOf
Labor Categories
Expert Witness DeposItm -or Tag in 0*t,
(1Q
Principal Engineer
Sr. Coastal Engineer/Sr. Project Manager
Project Manager
Engineer LII
Engineer II
#135
Engineer I
Senior Permit Specialist
$1.40
Senior Coastal Ecologist
$1
Coastal Management Specialist
$
Permit S ecialis CADD
p tf
$ 1�5
Clerical
Direct Expenses
Copies
.
Mileage
Travel Expenses
Co1R x L>tt
Subcontracted Expenses
cost x;1.15
Other Direct Expenses
Cox L15
17
172
WORK ORDER 1
This Work Order Number _1_ is entered into as of this _ day of ,
pursuant to that certain Continuing Contract Agreement, dated August 29, 2023 (referred to as the
"Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida
("COUNTY") and Coastal Technology Corporation ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the mutually agreed upon lump sum or
maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing,
and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a
part hereof by this reference. The Consultant will perform the professional services within the
timeframe more particularly set forth in Exhibit A (Scope of Work/Time Schedule), attached to this
Work Order and made a part hereof by this reference all in accordance with the terms and provisions
set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any
Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be
deemed to be incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: By:
Joseph H. Earman, Chairman
Print Name:
BCC Approval Date:
Title:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
BE
Deputy Clerk
John A. Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
William K. DeBraal, County Attorney
173
Indian River County Work Order Number — 2023051-01
Sector 4 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
Exhibit 1
Scope of Work
Sector 4 Beach and Dune Restoration Project
Conceptual Design, Pre -Application Meeting, and Public Outreach
Introduction: The 'Indian River County Beach Preservation Plan Update" (Plan, dated June
2020) defines the limits of Sector 4 as from Florida Department of Environmental Protection
(FDEP) Reference Monument R-55 (about 3/4 mile south of the northern limit of John's Island) to
R-70 (about 2,000 feet north of the County's Tracking Station Beachfront Park). The 2019 BPP
identifies that prior to 2005, Sector 4 experienced an accretional trend; however, an erosional
trend of 1.7 ft/yr was experienced from 2013 to 2019. To offset recent erosional trends, private
entities have performed emergency dune restoration projects following significant hurricane
events. The dune system within Sector 4 and elsewhere within the Treasure Coast were most
recently damaged by Hurricane's Ian and Nicole in 2022. This Work Order provides services in
support of conceptual design, pre -application meeting with regulatory staff, and a public outreach
meeting to support a dune restoration project within Sector 4. It is our understanding that the
Sector 4 Dune Restoration Project is intended to only place sand above the mean high water line
to avoid the FDEP and USACE requiring the COUNTY to perform nearshore hardbottom monitoring
which is typical for beach restoration projects proposed in close proximity to nearshore
hardbottom. The work is proposed to be performed by Coastal Technology Corporation (Coastal
Tech).
Task 1- Design - Conceptual: Coastal Tech will meet with the County to identify the County's
specific objectives and design criteria for the Project. The County will provide available historic
hydrographic beach profile surveys of the Project area including the most recent survey data
conducted in the fall of 2022 or summer 2023 following Hurricanes Ian and Nicole. The surveys
are expected to be accepted by FDEP for a pre -construction survey. The County will provide
records of prior nourishment efforts performed by the County and by upland property owners. It
is our understanding that the County is seeking an FDEP Coastal Construction Control Line (CCCL)
and USACE Nationwide permits for authorization of the work. Informally, FDEP staff have
identified a Joint Coastal Permit could be a more desirable method of FDEP authorization. The
design effort is intended to provide the information required for a USACE Nationwide Permit
Authorization and FDEP CCCL Permit Authorization. If the USACE or FDEP require additional
design information, we can provide this additional information as an additional service to the
County under separate authorization.
Page 1 of 3
August 22, 2023
174
Indian River County Work Order Number — 2023051-01
Sector 4 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
Task la — Conceptual Design: To develop the proposed dune restoration conceptual design,
Coastal Tech will:
• Perform an assessment of historical and existing shoreline and volume change analysis
based upon:
o review of the prior Beach Preservation Plans (BPP) — to identify historical
volume and shoreline changes; and
o review of survey data provided by the County collected after the 2019 BPP —
to identify recent volume and shoreline changes since completion of the 2019
BPP.
• Estimate the sand volumes required to maintain a stable beach, based upon the
historical volume change analysis.
• Review historical native beach geotechnical information provided in the BPP, in the
Sector 3 or Sector 5 design documents, on FDEP ROSSI website, or as provided by
the County.
• Compare the native beach geotechnical information to the geotechnical information
for the upland sand mines that responded to the County's most recent dune
restoration solicitations or as identified by the County. The native beach and upland
mine geotechnical comparison will be based upon mean grain size, percent fines,
sorting value, percent carbonate, and munsell color (wet/dry)sediment color,
composition data
• Develop a conceptual design for sand fill placement based upon historic dune crest
widths and heights that maximizes sand placement within the dune without placement
of sand below the mean high water line. The conceptual design template is expected
to restore the dune up to pre -Ian and Nicole conditions while maintaining sand
placement above the mean high water line. This approach is expected to avoid permit
required nearshore Hardbottom monitoring.
• Prepare an opinion of probable construction costs (OPC) for the proposed conceptual
design.
• Prepare a summary letter report documenting the results of the above with Conceptual
Design Drawings illustrating the proposed construction template.
• Confer with the County to (a) discuss the proposed dune restoration template, and
(b) identify any revisions to the letter report deemed appropriate.
Task 2 — Permitting — Pre -Application Conference
Task 2a — Pre -Application Conferences: Coastal Tech will request an informal Pre -Application
Conference with FDEP and a second conference with USACE staff to discuss the Project as
envisioned or formulated, any issues and how they might be addressed, and requirements for
obtainment of permits. Coastal Tech, in collaboration with FDEP staff and USACE staff, will
invite representatives from FWC, USFWS, NMFS, USACE, and others as may be identified by
the FDEP, USACE, and/or County to participate in the Pre -Application Conferences; Coastal
Tech will then prepare a written summary of each conference.
Page 2 of 3
August 22, 2023
175
Notice To Proceed
-----------------------------------------------------------
Au oust29,2023
Task Description
Task
Total
i
Start iFinish Das
29 -Aug -23 ?
12 -Sep -23 14
1 -Conceptual Design
$16,210
29 -Aug -23
19 -Sep -23 21
12 - Permitting - Pre -Application Conference
$3,120
29 -Aug -23 I
12 -Sep -23 14
3 -Public Outreach Meetings
$4,700
Total Costs:
$24,030
TO:
•
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Richard B. Szpyrka, P.E., Public Works Director
Kirstin Leiendecker, P.E., Assistant Public Works Director
FROM: Robert S. Skok, Infrastructure Project Manager
SUBJECT: Award of Bid No. 2023052
Information Technology Security Upgrades (Clerk of Courts), IRC -2206
DATE: August 14, 2023
DESCRIPTION AND CONDITIONS
On July 14, 2022, a purchase order was issued to Edlund Dritenbas Binkley Architects and Associates,
P.A. (EDB) for professional design services to remodel a portion of the Clerk of Circuit Court's
Information Technology Department. The remodel work includes adding walls and doors, accessible by
swipe card, to secure the Clerk of Circuit Court office area.
A bid opening for project was held on August 9, 2023. Two (2) bids were received and opened during a
public meeting. A detailed bid tabulation is on file and available for viewing in the Public Works
Engineering Division. Bid totals are as follows:
COMPANY
BID
Don Hinkle Construction, Inc.
$49,842.72
Ft. Pierce, FL
De La Hoz Builders, Inc.
$60,900.00
Sebastian, FL
A protest of staff's acceptance of the Don Hinkle Construction, Inc. ("Hinkle") bid was submitted in a
timely manner by De La Hoz Builders, Inc. ("De La Hoz"), asking that the Hinkle bid be declared non-
responsive for failure to acknowledge the published Addendum 1 to the Invitation to Bid. After review
of the protest by the Purchasing Manager, the protest was denied, and De La Hoz informed of their right
to appeal. No notification of intentto appeal has been received. The protest and Purchasing Manager's
response to the protest are available in the Purchasing and Engineering Divisions.
Don Hinkle Construction, Inc. is considered to be the lowest, responsive, responsible bidder for the
project with a bid totaling $49,842.72, which is $28,907.28 below the Architect's Cost Estimate. Don
Hinkle Construction, Inc. has successfully completed projects for the County in the past.
177
Award of Bid No. 2023052
Information Technology Security Upgrades, IRC -2206
For August 29, 2023 BCC Meeting
FUNDING
Funding for this project, in the amount of $49,842.72, is budgeted and available in the ARP
Fund/Clerk/Budget Transfer -Clerk of Court account, number 13830086-099020.
Account Description
Account Number
Amount
ARP Fund/Clerk/Budget Transfer -Clerk of Court 1
13830086-099020
$49,842.72
RECOMMENDATION
Staff recommends the project be awarded to Don Hinkle Construction, Inc. in the amount of $49,842.72.
Staff further recommends the Board approve the sample agreement and authorize the Chairman to
execute said agreement after review and approval of both the agreement and required Public
Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval
of required insurance by the Risk Manager.
ATTACHMENTS
Sample Agreement
AGENDA ITEM FOR AUGUST 29. 2023
C:\Gmicw\Lcgistw5\L5\Temp\46b4f224-845e-407c-9fff cfdd7bae4I f.doc 178
Sample Agreement
Sample Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized
and existing under the Laws of the State of Florida, (hereinafter called OWNER) and
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Interior alteration to the Clerk of Courts office located on the second floor of County Administration
building "A". Alterations consist of adding a wall and door at the south end and north end of the east corridor
and installation of swipe card access.
ARTICLE 2 - THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Project Name: Information Technology Security Upgrades
Bid Number: 2023052
Project Address: 180127 th Street, Vero Beach FL 32960
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment
as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 60th day after the date when the
Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus
any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will
commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved
in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 980.001 for each calendar day
179
Sample Agreement
that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until
the Work is completed and ready for final payment.
'Florida Department of Transportation (FDOT) Standard Specifications for Road & Bridge Construction, FY 2023-24
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of
the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $
Written Amount:
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial
payment request as recommended by ENGINEER in accordance with the provisions of the Local
Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain
five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance
of all work to be performed by CONTRACTOR under the Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress
payments will be on the basis of progress of the work measured by the schedule of values
established, or in the case of unit price work based on the number of units completed.
5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER
which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations
or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event,
payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.
5.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to
the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated
amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in
connection with the work under this Agreement and for every act and neglect of the OWNER and
180
Sample Agreement
others relating to or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation
to Bid or the Public Construction Bond.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons
employed or utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident
thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions of the Contract Documents.
CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
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Sample Agreement
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is
acceptable to CONTRACTOR.
The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-
veri ov) to confirm the employment eligibility of all newly hired employees for the duration of this
agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -
Verify registration and utilization for all subcontractors.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2023052;
(6) Addenda (numbers to , inclusive);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Qualifications Questionnaire;
(10) Drug Free Workplace Form;
(11)Affidavit of Compliance;
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships;
(13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(14) Certification Regarding Lobbying;
(15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another
party hereto without the written consent of the party sought to be bound; and, specifically but without
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limitation, moneys that may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to
the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,
Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District
of Florida.
9.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to perform the
service. If the Contractor transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for retaining public
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records. All records stored electronically must be provided to the County, upon request from the
Custodian of Public Records, in a format that is compatible with the information technology systems of
the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
ARTICLE 10 — FEDERAL CLAUSES
10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows:
"the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or
other changes or improvements to real property, including facilities providing utility services. The term also
includes the supervision, inspection, and other onsite functions incidental to the actual construction."]
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,
but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing,
or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty
to furnish information.
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(4) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union
or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the administering agency may direct as
a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: Provided, that if the applicant
so participating is a state or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the
rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and
the Secretary of Labor such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend
in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance
to the applicant under the program with respect to which the failure or refund occurred until satisfactory
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assurance of future compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings.
B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). [Federal Construction Work except
under PA or Hazard Mitigation Grant; include current Labor Prevailing Wage Determination
https://www.ecfr.gov/current/title-29/subtitle-A/part-5#5.5]
(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -
Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon
poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which
is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination
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within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent
thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. OWNER shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by
the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing
Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the
case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
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addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347
is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full
social security number and current address of each covered worker, and shall provide them upon request to FEMA
if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the
applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime contractor for its own records, without weekly submission to
the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor
or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under §5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits
or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the (write the name of
the agency) or the Department of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has been certified by the
Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
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appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration. Every trainee must be
paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
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shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract
clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
C. Compliance with the Copeland "Anti -Kickback" Act. [Construction Work greater than $2,000 where Davis -
Bacon applies]
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
D. Compliance with the Contract Work Hours and Safety Standards Act: [Federal Award over $100K requiring
mechanics or laborers, if Davis -Bacon Applies]
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
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from any moneys payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
A. Further Compliance with the Contract Work Hours and Safety Standards Act: [FEMA -recommended for
Award over $100K requiring mechanics or laborers, if Davis -Bacon does NOT apply]
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the contract for all laborers
and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name
and address of each such employee, social security number, correct classifications, hourly rates of wages paid,
daily and weekly number of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview employees during working hours on the
job.
F. Rights to Inventions Made Under a Contract or Agreement. [Not Applicable to PA Grants. Any federal
contract involving substitution of parties, assignment or performance of experimental, developmental, or
research work under that funding agreement.] See Appendix II of Part 200, if needed.
G. Clean Air Act and Federal Water Pollution Control Act: [All Federal Contracts over $1S0k]
(1) Clean Air Act.
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(b) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with Federal assistance provided by FEMA.
(2) Federal Water Pollution Control Act
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(b) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with Federal assistance provided by FEMA.
H. Suspension and Debarment [All Federal Contracts]
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its
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affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by OWNER. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
I. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) [All Federal Contracts over $100K]
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
J. Procurement of Recycled/Recovered Materials: [All Federal Contracts over $10,0001
(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web
site, https:://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
K. Prohibition on Contracting for Covered Telecommunications Equipment or Services: [All Federal Contracts,
including Purchase Orders]
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications
equipment or services; interconnection arrangements; roaming; substantial or essential component; and
telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions
on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in
this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-
232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or
expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products
or from certain entities for national security reasons.
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(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use
grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency
to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of any system;
or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any
equipment, system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection
arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
L Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial
or essential component of any system, or as critical technology as part of any system, during contract
performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the
contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the
order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily available information about
mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further
available information about mitigation actions undertaken or recommended. In addition, the contractor shall
describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or
services, and any additional efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all
subcontracts and other contractual instruments.
L. Domestic Preference for Procurements [All Federal Contracts and Purchase Orders]
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As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable,
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such
as concrete; glass, including optical fiber; and lumber.
M. Access to Records [All FEMA Contracts]: The following access to records requirements apply to this contract:
(1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any books, documents, papers,
and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the
FEMA Administrator or the Comptroller General of the United States.
N. DHS Seal, Logo, and Flags: [All FEMA Contracts] The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor
shall include this provision in any subcontracts.
O. Compliance with Federal Law, Regulations, and Executive Orders: [All FEMA Contracts] This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The
contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies,
procedures, and directives.
P. No Obligation by Federal Government: [All FEMA contracts] The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
Q. Program Fraud and False or Fraudulent Statements or Related Acts: [All FEMA contracts] The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its
actions pertaining to the contract.
R. Affirmative Steps: [All Federal contracts] If subcontracts are to be let, the prime contractor is required to
take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
S. License and Delivery of Works Subject to Copyright and Data Rights: [Copyrightable subject matter] The
Contractor grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first
produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative
works, distribute copies to the public, and perform publicly and display publicly such data. For data required by
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the contract but not first produced in the performance of this contract, the Contractor will identify such data and
grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the
performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. §
102, for example, any written reports or literary works, software and/or source code, music, choreography,
pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video
recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to
the Owner data first produced in the performance of this contract and data required by the contract but not first
produced in the performance of this contract in formats acceptable by the Owner.
T. Build America, Buy America Act (BABAA) Domestic Preference Requirements: [Federal infrastructure projects,
does not include FEMA PA or ARPA projects — they must sign a certification and submit with bid —find the text at
Best Practices for Documenting compliance with BABAA on FEMA's website. Waivers are also available.]
Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the
domestic preference requirement in the Build America, Buy America Act (BABAA) shall file the required
certification to the non-federal entity with each bid or offer for an infrastructure project, unless a domestic
preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial
assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects,
and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§
70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for
infrastructure projects that do not ensure compliance with BABAA domestic preference requirement. Such
disclosures shall be forwarded to the grant recipient who in turn will forward the disclosures to FEMA, the federal
awarding agency; subrecipients will forward disclosures to the pass-through entity, who will in turn forward the
disclosures to FEMA.
Article 11: TERMINATION OF CONTRACT [Breach must be addressed in Federal contracts over $250k]
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the
OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any
other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be
finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment
for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his
property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in
writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the
default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER
may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,
CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess
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or occupy the site or any materials thereon; provided, however, that the OWNER may authorize
CONTRACTOR to restore any work sites.
D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;
and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its
rights herein.
E. TERMINATION FOR CONVENIENCE: [Required for any Federal Award over $10,000] OWNER may at any
time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon
receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise,
immediately discontinue the work and immediately cease ordering of any materials, labor, equipment,
facilities, or supplies in connection with the performance of this Contract. Upon such termination
Contractor shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications;
plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the County in
the event of such termination.
F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of
CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,
created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies
that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in
business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as
provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida
Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as
set forth in section 215.4725, Florida Statutes.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on '20_ (the date the Agreement is approved by the Indian
River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By:
Joseph H. Earman, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: _Richard B. Szpryka, P.E.
Title: Public Works Director
Address: 180127 th Street, Bldg A
Vero Beach, FL 32960
Phone: (772) 226-1379
By:
(Contractor)
(CORPORATE SEAL)
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
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•
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Richard B. Szpyrka, P.E., Public Works Director
Kirstin Leiendecker, P.E., Assistant Public Works Director
FROM: Robert Skok, Infrastructure Projects Manager
SUBJECT: Work Order No. 1, MBV Engineering, Inc.
11th Drive and 37th Street Intersection Improvements, IRC -2001
DATE: August 16, 2023
DESCRIPTION AND CONDITIONS
On April 7, 2020, the Board of County Commissioners approved Work Order No. 15 with MBV
Engineering, Inc. to provide geotechnical investigation, utility locating services (horizontal and vertical),
franchise utility coordination, roadway construction plans, stormwater management report, permitting,
signalization plans, and intersection signing and pavement marking plans for the intersection
improvements of 111h Drive and 37th Street.
Work Order No. 1(under the Continuing Contract dated May 2, 2023 between Indian River County and
MBV Engineering, Inc.) in the amount of $87,955.00 provides post design services as the Engineer of
Record for the project on an "as needed" and "as requested" basis. Construction for the project began
June 1, 2023, with a final completion date scheduled for February 25, 2024.
FUNDING
Funding is budgeted and available in Traffic Impact Fees/District II/Account No. 10215241-066510-
22010/Aviation Extension to 37th and 41St Streets in the not to exceed amount of $87,955.00.
RECOMMENDATION
Staff recommends approval of Work Order No. 1 to MBV Engineering, Inc., authorizing the professional
services as outlined in the Scope of Work and requests the Board authorize the Chairman to execute
Work Order No. 1 on their behalf for a not to exceed amount of $87,955.00.
ATTACH M E NTS
Work Order No. 1
AGENDA ITEM FOR AUGUST 29, 2023
C:\Granicu \Lcgisw5\L5\Temp\6049c477-f818-45a0-946d-9b90479913c1.doc 198
WORK ORDER 1
This Work Order Number 1 is entered into as of this _ day of 1 ,
pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the
"Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida
("COUNTY") and MBV ENGINEERING, INC. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the mutually agreed upon lump sum or
maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing,
and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a
part hereof by this reference. The Consultant will perform the professional services within the
timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and
made a part hereof by this reference all in accordance with the terms and provisions set forth in the
Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall
conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: MBV ENGINEERING, INC. BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
Print Name:
Title:
Joseph H. Earman, Chairman
BCC Approval Date:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
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Deputy Clerk
John A. Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
William K. DeBraal, County Attorney
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EXHIBIT A - SCOPE OF WORK
It is understood the COUNTY desires post -design services for the construction phase of 11th Drive and
37th Street Roadway and Intersection improvements project. It is understood that COUNSULTANT shall
provide the construction phase services as discussed previously with staff and shall include those
services and necessary consultants as stated below. CONSULTANT shall also engage and contract with
a licensed MEP firm for the 11th Drive roadway lighting design that was not part of the original design
Work Order. The CONSULTANT proposes to provide to COUNTY the below detailed scope of work
associated with the 11th Drive and 37th Street Roadway and Intersection construction services.
ROADWAY DESIGN CONSTRUCTION SERVICES:
Task 1— Construction Phase Services
The ENGINEER will provide professional construction phase assistance as specifically stated
below:
1. Pre -Construction Meeting. The ENGINEER will attend the pre -construction meeting at the
COUNTY for the project construction phase kick-off with the selected contracting team and
applicable governmental agencies.
2. Bi -Monthly Construction Meetings. The ENGINEER will attend the Bi -Weekly Construction
meetings every other week pursuant to COUNTY request at the site or COUNTY Building
during the Construction Phase. It is anticipated that Substantial Completion will be attained
by January 20, 2024, and the Bi -weekly meetings will continue until that date.
3. Clarifications and Interpretations. The ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary clarifications and
interpretations of the Contract Documents to the COUNTY as appropriate to the orderly
completion of Contractor's work. Any orders authorizing variations from the Contract
Documents will be made by the COUNTY.
4. Change Orders. The ENGINEER may recommend Change Orders to the COUNTY and will
review and make recommendations related to Change Orders submitted or proposed by
the Contractor.
5. Shop Drawings and Samples. The ENGINEER will review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information given in
the Contract Documents. Such review and approvals or other action will not extend to
means, methods, techniques, equipment choice and usage, sequences, schedules, or
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procedures of construction or to related safety precautions and programs. Shop drawings,
samples or certifications are anticipated to be submitted related to the following:
• Roadway and Drainage elements
• Signing and Marking elements
6. Applications for Payment. Monthly applications for payment will be reviewed and
approved by the COUNTY.
7. Project Coordination. The ENGINEER or ENGINEER'S Inspector shall attend miscellaneous
filed meetings and provide coordination services with the various utilities and team
representatives as required to assist with construction related issues or concerns.
8. Record Drawing Review and Permit Certification. The ENGINEER will review the Record
Drawings as submitted by the Contractor. Based upon receiving acceptable Record
Drawings from the Contractor, the ENGINEER will prepare and submit certifications to the
following jurisdictional agencies:
• Indian River County
• St. Johns River Water Management District
9. Final Notice of Acceptability of the Work. The ENGINEER will promptly, after notice from
Contractor that it considers the entire Work ready for its intended use, in company with the
COUNTY and Contractor, conduct a site visit to determine if the Work is substantially
complete. Work will be considered substantially complete following satisfactory completion
of all items with the exception of those identified on a final punch list. The ENGINEER will
conduct a final site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list so that the ENGINEER may
recommend, in writing, final payment to Contractor. Accompanying the recommendation
for final payment, the ENGINEER shall also provide a notice that the Work is generally in
accordance with the Contract Documents to the best of the ENGINEER's knowledge,
information, and belief based on the extent of its services and based upon information
provided to Consultant upon which it is entitled to rely.
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SIGNALIZATION CONSTRUCTION SERVICES:
Task 2 — Construction Phase Services
The ENGINEER will provide professional construction phase assistance as specifically stated
below:
1. Pre -Bid Meeting. The ENGINEER will attend the pre-bid meeting to assist the COUNTY in
describing the scope of work contained with the construction documents. The ENGINEER
shall provide oral and/or written clarifications to questions presented relative to the scope
of work identified within the construction documents.
2. Clarifications and Interpretations. The ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary clarifications and
interpretations of the Contract Documents to the COUNTY as appropriate to the orderly
completion of Contractor's work. Any orders authorizing variations from the Contract
Documents will be made by the COUNTY.
3. Change Orders. The ENGINEER may recommend Change Orders to the COUNTY and will
review and make recommendations related to Change Orders submitted or proposed by
the Contractor.
4. Shop Drawings and Samples. The ENGINEER will review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information given in
the Contract Documents. Such review and approvals or other action will not extend to
means, methods, techniques, equipment choice and usage, sequences, schedules, or
procedures of construction or to related safety precautions and programs. Shop drawings,
samples or certifications are anticipated to be submitted related to the following:
• Signalization structure elements
• Signalization elements
5. Applications for Payment. All applications for payment will be reviewed and approved by
the COUNTY.
6. Final Notice of Acceptability of the Work. The County will be responsible for project
acceptance, as -built drawing review and permit certifications.
7. Limitation of Responsibilities. The ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other
individual or entity performing or furnishing the Work. The ENGINEER shall not have the
authority or responsibility to stop the work of any Contractor.
8. Record Drawing Review and Permit Certification. The ENGINEER will review the Record
Drawings as submitted by the Contractor. Based upon receiving acceptable Record
Drawings from the Contractor, the ENGINEER will prepare and submit certifications to the
following jurisdictional agencies:
• Indian River County
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9. Final Notice of Acceptability of the Work. The ENGINEER will, promptly after notice from
Contractor that it considers the entire Work ready for its intended use, in company with the
COUNTY and Contractor, conduct a site visit to determine if the Work is substantially
complete. Work will be considered substantially complete following satisfactory completion
of all items apart from those identified on a final punch list. The ENGINEER will conduct a
final site visit to determine if the completed Work of Contractor is generally in accordance
with the Contract Documents and the final punch list so that the PROFESSIONAL may
recommend, in writing, final payment to Contractor. Accompanying the recommendation
for final payment, the ENGINEER shall also provide a notice that the Work is generally in
accordance with the Contract Documents to the best of the ENGINEER's knowledge,
information, and belief based on the extent of its services and based upon information
provided to the Consultant upon which it is entitled to rely.
LIGHTING DESIGN & CONSTRUCTION SERVICES:
Task 3 — Design & Construction Phase Services
The ENGINEER will assist with plan updates, coordination and contract directly with a licensed
lighting design consultant to provide professional design and construction phase assistance as
stated below:
1. Street Lighting Design. The ENGINEER shall update the construction plans as needed for
the street lighting pursuant to the lighting consultant's design. ENGINEER shall contract
with a licensed MEP subconsultant for the requested street lighting design. ENGINEER shall
provide project oversight with the subconsultant and update the necessary roadway
construction drawings with the completed lighting design / information provided by
subconsultant and as further detailed in the subconsultants proposal, attached as Exhibit
A. MEP subconsultant shall also provide services during the construction phase for shop
drawings review and coordination with the contractor for RFIs.
203
Kimley-Horn and Associates, Inc.
Exhibit A to Work Order 1, dated
July 6, 2023.
The Consultant shall perform the following Services:
Task B — Post Design Services
The ENGINEER will provide professional construction phase assistance as specifically
stated below:
1. Pre -Bid Meeting. The ENGINEER will attend the pre-bid meeting to assist the
COUNTY in describing the scope of work contained with the construction
documents. The ENGINEER shall provide oral and/or written clarifications to
questions presented relative to the scope of work identified within the
construction documents.
2. Clarifications and Interpretations. The ENGINEER will respond to reasonable
and appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to the COUNTY
as appropriate to the orderly completion of Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by the
COUNTY.
3. Change Orders. The ENGINEER may recommend Change Orders to the
COUNTY and will review and make recommendations related to Change
Orders submitted or proposed by the Contractor.
4. Shop Drawings and Samples. The ENGINEER will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents. Such review and approvals or
other action will not extend to means, methods, techniques, equipment choice
and usage, sequences, schedules, or procedures of construction or to related
safety precautions and programs. Shop drawings, samples or certifications are
anticipated to be submitted related to the following:
• Signalization structure elements
• Signalization elements
5. Applications for Payment. All applications for payment will be reviewed and
approved by the COUNTY.
6. Final Notice of Acceptability of the Work. The County will be responsible for
project acceptance, as -built drawing review and permit certifications.
7. Limitation of Responsibilities. The ENGINEER shall not be responsible for
the acts or omissions of any Contractor, or of any of their subcontractors,
suppliers, or of any other individual or entity performing or furnishing the
Work. The ENGINEER shall not have the authority or responsibility to stop
the work of any Contractor.
Rev, 7-23
204
8. Record Drawing Review and Permit Certification. The ENGINEER will review
the Record Drawings as submitted by the Contractor. Based upon receiving
acceptable Record Drawings from the Contractor, the ENGINEER will prepare
and submit certifications to the following jurisdictional agencies:
• Indian River County
Final Notice of Acceptability of the Work. The ENGINEER will, promptly after
notice from Contractor that it considers the entire Work ready for its intended
use, in company with the COUNTY and Contractor, conduct a site visit to
determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items with the
exception of those identified on a final punch list. The ENGINEER will conduct
a final site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list so that the
PROFESSIONAL may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, the ENGINEER shall
also provide a notice that the Work is generally in accordance with the Contract
Documents to the best of the ENGINEER's knowledge, information, and belief
based on the extent of its services and based upon information provided to
Consultant upon which it is entitled to rely.
For the Additional Services set forth above, the Client shall pay the Consultant the following
additional compensation:
The Consultant will perform these services described above based upon a Cost Pius Max
fee of $30,355.
Rev. 7-23
205
EXHIBIT A
Consulting
Reply to: Fort Pierce
July 18, 2023
Aaron Stanton, P.E.
Project Manager
MBV Engineering, Inc.
1835 20th Street Vero Beach, FL 32960
P: 772.569.0035 x 111 F: 772-778-3617
ryanm@mbveng.com
RE: 11th Dr & 37th St Roadway Lighting
Vero Beach, FL
Dear Aaron:
Shareholders
Art Kamm, P. E., CxA, LEED AP
Bradly L. Brown, P. E., LEED AP
Rick Gonzalez, LEED AP
Greg Kemp
Duane Millar, LEED AP
John Chirgwin
John Mayr, LEED AP, BD+C
Michael Freire, P. E.
We are pleased to provide the following proposal for Site Lighting Photometrics and drawing
specifications for the above -referenced location.
Design scope to include: power and photometric design for new Roadway Lighting.
Kamm Consulting shall perform its work in character, sequence and timing so that it will be
coordinated with that of the Client and in accordance with mutually agreed schedules
provided by the Client. Work shall be performed with the standard of care, skill, and
diligence normally provided by a Professional Engineer.
The services provided by Kamm Consulting shall include the following:
(a) Coordinate with Client to establish design criteria for site lighting
photometrics.
(b) Site Lighting Layout showing photometric light values, pole locations, and
fixture types.
(c) Coordinate and conform to applicable Building Codes and building
departments.
(d) Pole Boxes and electrical wiring / Circuitry design.
(e) Responses to city review comments, if required.
(f) Shipping / delivery of signed and sealed permit drawings.
Providing the services set forth above, the Client shall pay Kamm Consulting, Inc. fees in
the amount of: $ 3,250.00
OFFICES
Florida: Florida:
1407 W Newport Center Drive 1408 Orange Avenue
Deerfield Beach, FL 33441 Fort Pierce, Florida 34950
954-949-2200 772.595.1744
954-949-2201 FAX 772.595.1745 FAX
www.kammconsulting.com 206
• SITE LIGHTING CERTIFICATION, if required at end of project, is not
included in the scope or fees quoted herein, and will be an additional fee
of. $750.00
To Include:
(a) Perform one (1) on-site, Site Lighting Photometric analysis.
(b) Provide three (3) copies signed and sealed of report of findings.
Initial here to authorize
• CONSTRUCTION ADMINISTRATION, if required, is not included in the
scope or fees quoted herein, and will be an additional fee of. -
$1,850.00
f.$1,850.00
To Include:
(a) Perform up to two (2) site visits as needed.
(b) RFI responses.
(c) Submittal review.
Initial here to authorize
Any additional services, other than those outlined herein, will be billed at rates listed
below:
$75.00 / Hr. - Clerical
$85.00 / Hr. - CADD
$95.00 / Hr. - Designer
$110.00 / Hr. — Engineering / Field Technician
$125.00 / Hr. — Project Manager
$225.00 / Hr. - Principals
Please allow 3-4 weeks (excluding weekends and holidays) for Construction
Documents after proper design criteria has been established and CADD files have been
received.
If you have any questions or need additional information, please let me know.
Sincerely,
KAMM CONSULTING, INC.
Duane Millar LEED AP
Project Manager
** NO WORK SHALL BEGIN WITHOUT
CUSTOMER WRITTEN AUTHORIZATION **
11th Dr and 37th St Roadway Lighting (07-18-23)
Page 2 207
EXHIBIT B
FEE SCHEDULE
The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant
to this Agreement fees inclusive of expenses in accordance with the following:
A. Professional Services Fee
The basic compensation mutually agreed upon by the Consultant and the COUNTY is as
follows:
Hourly Not to Exceed:
Task Labor Fee
Task 1— Construction Phase Services - Roadway $ 51,750
Task 2 — Construction Phase Services - Signalization $ 30,355
Task 3 — Lighting Design & Construction Services $ 5,850
Total Not To Exceed: $ 87,955
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
208
EXHIBIT B - RATE SCHEDULE
Project Name IRC 2001: 37th Street and 11th Dr - Construction Phase Services
Task Summary Manhours for project
ROADWAY CONSTRUCTION PHASE ESTIMATE
Task
Principal
$240
Senior
Engineerll
$210
Senior
Engineerl
$185
Jr.
Engineer
$160
Inspector
$140
Support
Staff
$75
Contract Fee =
$5,850
(See Exhibit A for scope)
(Sub -Consultant to MBV)
Total Hours =
Labor Fee=
0
$0
157
$32,970
37
$6,845
10
$1,600
54
$7,560
37
$2,775
Total Labor Fee =
SIGNALIZATION CONSTRUCTION PHASE ESTIMATE
Task
Principal
$300
Senior
Professional
$270
Registered
Professional
$210
Professional
II
$160
Professional
1
$130
Support
Staff
$75
Contract Fee =
$5,850
(See Exhibit A for scope)
(Sub -Consultant to MBV)
Total Hours =
Labor Fee=
0
$0
68
$18,360
24
$5,040
28
$4,480
0
$0
33
$2,475
Total Labor Fee =
LIGHTING DESIGN - KAMM CONSULTING
Task
Vendor
Contract
Fee
Contract Fee =
$5,850
(See Exhibit A for scope)
(Sub -Consultant to MBV)
Total Labor Fee =
TOTAL LABOR 1 $87,955
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
209
S�
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Richard B. Szpyrka, P.E., Public Works Director
Kirstin Leiendecker, P.E., Assistant Public Works Director
FROM: Rob Skok, Infrastructure Project Manager
SUBJECT: Purchase of Mitigation Credits for IRC Public Shooting Range
Sporting Clays Course, IRC -1847
DATE: August 16, 2023
DESCRIPTION AND CONDITIONS
The Indian River County Public Shooting Range is located in a wetlands area and during the rainy
months the sporting clay course trails become impassable as water stands above ground for very
long durations. Staff has designed improvements to the trails that include constructing shell golf
cart paths and shooting stand pads.
Permitting for the sporting clay trails improvements include St. Johns River Water Management
District (SJRWMD) and Florida Department of Environmental Protection (FDEP). SJRWMD issued the
County's permit in August 2022. FDEP has made a condition of issuing a permit that the County
purchase 0.50 palustrine emergent wetland credits from the Basin 22 Mitigation Bank in the amount
of $125,000.00 for offsetting the proposed wetland impacts of the improvements to the existing
sporting clay trails prior to any construction or impacts.
Basin 22 Mitigation Bank Credit Reservation and Purchase Agreement (Federal) is to reserve 0.50
UMAM mitigation bank credit(s) in connection with mitigating adverse wetland impacts which
may arise as a result of the construction of the improvements. Payment to be made to Gould
Cooksey Fennell, PLLC (Christopher H. Marine, Esq.) as Escrow Agent for Basin 22 Mitigation Bank
in the total amount of $125,000.00.
FUNDING
Funding in the amount of $125,000.00 is budgeted and available from the following account:
Account Name
Account Number
Amount
Optional Sales Tax/Shooting Range Clays Trail
31521072-066510-21011
$125,000.00
210
Page 2 of 2
Purchase of Mitigation Credits, Sporting Clays Facility Improvements
BCC Agenda Item for 8/29/2023
RECOMMENDATION
Staff recommends approval of purchasing 0.50 paIustrine emergent wetland credits from the Basin 22
Mitigation Bank in the amount of $125,000.00 for offsetting the proposed wetland impacts to the
project area as outlined in the Agreement and requests the Board authorize the Chairman to execute
the Agreement on their behalf.
ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION
1. Basin 22 Mitigation Bank Credit Reservation & Purchase Agreement (Federal)
2. FDEP Permit
APPROVED AGENDA ITEM FOR AUGUST 29. 2023
C:\Granicus\Legistar5\L5\Temp\e9b9c47a-fb5b-43f6-a8a0-ca88d4938a48.doc 211
BASIN 22 NHTIGATION BANK
CREDIT RESERVATION AND PURCHASE AGREEMENT (FEDERAL)
J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP, LLLP, a Florida limited liability limited partnership and
HUGH CORRIGAN, III, FAMILY LIMITED PARTNERSHIP, LLLP, a Florida limited liability limited partnership
(hereinafter referred to as "Seller"), the owner of the land known as the Basin 22 Mitigation Bank, does hereby
reserve and set aside for future assignment for the sole benefit Indian River County, Florida, a political subdivision
of the State of Florida, (hereinafter referred to as "Buyer"), for a reservation period of 90 days, as the same may be
extended as provided for hereinbelow:
.50 (to the nearest tenth of a credit) UMAM mitigation bank credit(s) issued to Seller's Basin 22
Mitigation Bank pursuant to Seller's mitigation banking permit from U.S. Army Corps of
Engineers (USACE Permit Number SAJ-2009-01420) (hereinafter referred to as "Federal Credits").
See Addendum No. One relative to Wetland Credit Classification.
This reservation is for use of credits in connection with mitigating adverse wetland impacts which may arise as a result
of construction or other projects undertaken or to be undertaken by the Buyer as provided in DEP 404 Program
Permit No. 31 -420 -933 -001 -SF 1.
The total purchase price payable by Buyer for the Federal Credits referenced above is
$125.000.00 Dollars (hereinafter referred to as the "Purchase Price"). The required
deposit to purchase the Federal Credits is $12,500.00 Dollars, representing ten percent
(10%) of the PurchasePrice. The PurchasePriceisequalto the product of the number of
Federal Credits multiplied by the price per credit.
The deposit referenced above shall be posted by the Buyer with the Escrow Agent indicated below upon
execution of this Agreement. Following receipt of the deposit by Escrow Agent, and clearance of funds, Seller
will send a Notice of Credit Reservation to Buyer. Upon receipt by the Escrow Agent of the total Purchase Price
for the credits, and clearance of funds, Seller will send a Request for Withdrawal of Mitigation Credits to U.S.
Army Corps of Engineers (herein referred to as "USACE) requesting USACE to withdraw the specific credits
from the Basin 22 Mitigation Bank upon their approval of the Buyer's permits.
The Buyer's deposit will be applied to the Purchase Price at the closing of this transaction. The Buyer's
deposit shall be considered to be nonrefundable. The deposit will be retained by the Escrow Agent, to and
until expiration of the initial reservation period stated above. Following the initial reservation period, the
Escrow Agent may release the deposit to the Seller.
Buyer shall be permitted to extend this credit reservation for up to one (1) additional reservation period of 90
days. An additional deposit of 10% of the Purchase Price shall be paid by Buyer to extend the reservation
period. The additional reservation deposit is considered to be fully nonrefundable, and Escrow Agent may
release same to the Seller upon receipt from the Buyer.
The balance of the Purchase Price shall be due prior to the issuance of Buyer's permits to use the mitigation
bank credits to offset wetland impacts or by the end of the 90 day credit reservation period, whichever comes
first (subject to the right of Buyer to extend the credit reservation period provided for in the immediately
preceding section). Failure by Buyer to close the purchase within the time stated herein shall be a default of this
Agreement, in which event Seller shall have the right to terminate this Agreement and all deposits and monies
paid by Buyer shall be forfeited to Seller.
Seller warrants that it will take no action inconsistent with the reservation(s) and future assignment described
herein. In the event Seller is unable to assign the credits reserved herein to Buyer at closing, Seller will return
to Buyer any deposit(s) or other monies received from Buyer pursuant to this Agreement. • In such event, this
Agreement shall be terminated and become null and void, and Buyer and Seller shall have no further liability or
obligation to each other.
212
This Agreement shall not be assignable by Buyer. The credits reserved herein are to be utilized by the Buyer
solely in connection with the mitigation of adverse wetland impacts for the above referenced project and for no
other purpose. Buyer represents that the credits are not being purchased for purposes of resale, and any resale
of the credits shall be prohibited. Failure of Buyer to comply with this provision shall constitute a breach of
this covenant. As a consequence, Seller shall have the right to repurchase all credits for a total consideration
equal to 50% of the original Purchase Price paid by Buyer. In such an event, the credits shall be conveyed to
Seller, free and clear of any lien or other encumbrance, within 30 days after Seller furnishes notice of its intent
to require such reconveyance. This section shall survive the original credit transfer, and continue in full force
and effect.
Payment shall be made to: Gould Cooksey Fennell, PLLC (Christopher A. Marine, Esq.) as Escrow Agent
for Basin 22 Mitigation Bank, and sent to 979 Beachland Boulevard, Vero Beach, Florida 32963.
Buyer:
Indian River County, Florida, a political
subdivision of the State of Florida
By:
Authorized Representative
Dated:
Seller:
J. PAT CORRIGAN FAMILY LIMITED
PARTNERSHIP, LLLP, a Florida limited
liability limited partnership
By its: General Partner, The Corrigan Special
Trust u/a/d December 30, 2009
By:
Christopher H. Marine, Attorney In Fact
HUGH CORRIGAN, III, FAMILY LIMITED
PARTNERSHIP, LLLP, a Florida limited liability
limited partnership
By its: General Partner, Hugh Corrigan, III
Control Trust
By:
Christopher H. Marine, Attorney In Fact
Dated:
213
ADDENDUM NO. ONE TO BASIN 22 MITIGATION BANK CREDIT RESERVATION AND
PURCHASE AGREEMENT (FEDERAL)
SELLER: J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP, LLLP, a Florida limited
liability limited partnership and HUGH CORRIGAN, III, FAMILY LIMITED PARTNERSHIP,
LLLP, a Florida limited liability limited partnership
BUYER: Indian River County, Florida, a political subdivision of the State of Florida
CLASSIFICATION OF WETLAND CREDITS:
DEP 404 Program Permit No.: 31-420-933-001-SFI
Palustrine Forested:
Palustrine Emergent: .50
Total Credits: .50
214
FLORIDA DEPARTMENT OF Ron IGoer�
GovGovernoror
Environmental Protection Jeanette Nuflez
Lt. Governor
Southeast District Office Shawn Hamilton
3301 Gun Club Road, MSC 7210-1 Secretary
West Palm Beach, FL 33406
561-681-6600
Permittee/Authorized Entity:
Indian River County
c/o Rich Szpyrka
1801 27th Street
Vero Beach, FL 32960
rszpyrkaAirc8ov.com
Indian River County Shooting Range
Authorized Agent:
G.K. Environmental, Inc.
c/o George Kulczycki
155 McKee Lane
Vero Beach, FL 32960
ce(a),me.com
State 404 Program Individual Permit
Indian River County
Permit No.: 31-0420933-001-SFI
Permit Issuance Date: August 8, 2023
Permit Expiration Date: August 8, 2028
215
State 404 Program Individual Permit
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
PROJECT LOCATION
The activities authorized by this permit are located at 10455 102nd Tern, Sebastian, FL 32958, part of
the Fleming Land Grant, Section 20 Township 31 S and Range 38E in Indian River County, at Latitude
N270 46' 57.00", Longitude W-80° 32' 46.00".
PROJECT DESCRIPTION
The permittee is authorized to fill 0.78 acres of wetlands for improvements to the existing sporting clays
course cart trails (i.e., golf cart path), which will be constructed with porous rock to allow for both
vertical and horizontal hydrologic percolation.
To offset unavoidable impacts to wetlands that will occur from these authorized activities, the permittee
shall purchase 0.50 palustrine emergent wetland credits from Basin 22 Mitigation Bank.
Authorized activities are depicted on the attached exhibits.
AUTHORIZATIONS
State 404 Program Individual Permit
The Department has determined that the activity qualifies for a State 404 Program Individual Permit.
Therefore, the State 404 Program Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida
Statutes (F. S.), and Chapter 62-331, Florida Administrative Code (F.A.C.).
Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal, state,
regional, or local entities including but not limited to local governments or municipalities. This permit
does not relieve you from the requirements to obtain all other required permits or authorizations.
The activity described may be conducted only in accordance with the terms, conditions and attachments
contained in this document. Issuance and granting of the permit and authorizations herein do not infer,
nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the
Department.
PERMIT CONDITIONS
The activities described must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the authorized
activities, and to ensure the work is conducted in conformance with all the terms, conditions, and
drawings herein. If you are using a contractor, the contractor also should read and understand these
216
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
conditions and drawings prior to beginning any activity. Failure to comply with these conditions,
including any mitigation requirements, shall be grounds for the Department to revoke the permit and
authorization and to take appropriate enforcement action. Operation of the facility is not authorized
except when determined to be in conformance with all applicable rules and this permit and sovereignty
submerged lands authorization, as described.
SPECIFIC CONDITIONS
(1) All activities shall be implemented following the plans, specifications and performance
criteria approved by this permit. This permit shall expire on August 8, 2028 pursuant to 62-331.090(2),
F.A.C. Any deviations must be authorized in a permit modification in accordance with rule 62-331.080,
F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and
revocation of the permit under chapter 373, F.S.
SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION
(2) After selection of the contractor to perform the authorized activities and prior to the
initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor
shall attend a pre -construction conference with a representative of the Department. It shall be the
responsibility of the permittee to contact the Department's Compliance Assistance Program, by email
SED_Compliance(MoridaDEPgov, or by phone (561) 681-6600, to schedule the pre -construction
conference.
(3) Staked erosion control devices shall be placed around the project area and any staging
areas. All surface waters outside the specific limits of construction authorized by this permit shall be
protected from erosion, siltation, sedimentation, and/or scouring. Staked erosion control devices shall be
maintained and shall remain in place for the duration of project construction to ensure that turbid
discharges into wetlands or surface waters do not occur. The permittee shall be responsible for ensuring
that turbidity control devices are inspected daily and maintained in good working order during all phases
of construction authorized by this permit until all areas that were disturbed during construction are
sufficiently stabilized to prevent turbid discharges.
(4) Prior to initiation of any work authorized by this permit, all wetlands, surface waters, and
storm drains outside the specific limits of construction authorized by this permit shall be protected from
erosion, siltation, sedimentation, and/or scouring, including the placement of staked erosion control
devices around the project area and staging area(s) that are located outside of any authorized impact areas.
(5) Prior to construction, the limits of impact shall be clearly marked in a way which is visible
and obvious to anyone performing work on-site, including someone operating heavy equipment. Orange
construction fence or tall flagged stakes along the construction limits are possible methods.
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
(6) This permit authorizes permanent impacts to the wetland fill area shown in the attached
permit drawings. No other areas are authorized to be impacted, which includes but is not limited to
clearing with the use of heavy equipment, filling, or excavation.
(7) Any fill material used shall be clean fill and free of vegetative matter, trash, rebar, garbage,
toxic or hazardous waste, or any other unsuitable materials.
217
Permittee: Indian River County Permit Expiration: August 8, 2028
Permit No: 31-0420933-001-SFI
(8) All storage or stockpiling of tools or materials (i.e. lumber, pilings, debris, etc.) shall be
limited to uplands or within the impact areas authorized by this permit.
(9) The following measures shall be taken immediately by the permittee when turbidity levels
within waters of the State surrounding the project site exceed 29 NTUs above background:
a. Immediately cease work contributing to the water quality violation.
b. Stabilize exposed soils contributing to the violation. Modify the work procedures responsible
for the violation, install additional turbidity containment devices and repair non-functioning turbidity
containment devices.
c. Notify the Department within 24 hours of the time the violation is first detected.
(10) During construction, the stormwater system shall be inspected periodically for
accumulation of debris, trash, and silt. Accumulations of debris, trash, and silt that negatively affect the
function of the system shall be removed upon discovery.
SPECIFIC CONDITIONS — MITIGATION
(11) Prior to any construction or impacts authorized by this permit, the permittee shall provide
the Department with documentation that 0.50 federal freshwater herbaceous mitigation credits have been
deducted from the credit ledger of the Basin 22 Mitigation Bank.
SPECIFIC CONDITIONS - LISTED SPECIES
(12) The Department, in coordination with the US Fish and Wildlife Service and the Florida
Fish and Wildlife Conservation Commission, has assessed potential habitat and species information,
geospatial data, and other available information for this project site. The Department has not received or
discovered any information that the proposed project is reasonably expected to affect federally or state -
listed threatened or endangered species or habitat critical to these species.
SPECIFIC CONDITIONS — OPERATION AND MAINTENANCE ACTIVITIES
(13) The permittee shall be responsible for the operation and maintenance of the stormwater
management system. The stormwater management system shall be routinely inspected to ensure adequate
performance. All drainage structures shall be routinely inspected as well, especially during and after a rain
event. A maintenance schedule shall be implemented to ensure that the stormwater management system
is functioning as designed.
SPECIFIC CONDITIONS — MONITORING/REPORTING REQUIREMENTS
(14) The permittee shall be responsible for keeping records documenting that relevant permit
conditions are met. This documentation shall include, at a minimum, the date of each inspection, the name
and qualifications of the inspector, any maintenance actions taken, and a determination by the inspector
as to whether the system is operating as intended. Inspection documentation must be readily available and
shall be provided at the Department's request.
GENERAL CONDITIONS FOR STATE 404 PROGRAM INDIVIDUAL PERMITS
(1) General Conditions under section 62-331.054, F.A.C.:
218
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
(a) The permittee shall comply with all conditions of the permit, even if that requires halting or
reducing the permitted activity to maintain compliance. Any permit violation constitutes a violation
of Part IV of Chapter 373, F.S., and this Chapter, as well as a violation of the CWA.
(b) The permittee shall take all reasonable steps to prevent any unauthorized dredging or filling in
violation of this permit.
(c) The permittee shall timely notify the Agency of any expected or known actual noncompliance.
(d) Upon Agency request, the permittee shall provide information necessary to determine
compliance status, or whether cause exists for permit modification, revocation, or termination.
(e) Inspection and entry. The permittee shall allow the Agency, upon presentation of proper
identification, at reasonable times to:
1. Enter upon the permittee's premises where a regulated activity is located or where records
must be kept under the conditions of the permit,
2. Have access to and copy any records that must be kept under the conditions of the permit,
3. Inspect operations regulated or required under the permit, and
4. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized
by the CWA, any substances or parameters at any location.
(2) Applicable General Conditions under section 62-330.350(1), F.A.C., modified to contain applicable
references under Chapter 62-331, F.A.C. (remove those that are not applicable):
(a) All activities shall be implemented following the plans, specifications and performance criteria
approved by this permit. Any deviations must be authorized in a permit modification in accordance
with rule 62-331.080, F.A.C. Any deviations that are not so authorized may subject the permittee to
enforcement action and revocation of the permit under chapter 373, F. S.
(b) A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase, and shall be available for review at the work site upon request by the Agency
staff. The permittee shall require the contractor to review the complete permit prior to beginning
construction.
(c) Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards. Performance-based erosion and sediment control best management practices
shall be installed immediately prior to, and be maintained during and after construction as needed, to
prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in
accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual
(Florida Department of Environmental Protection and Florida Department of Transportation, June
2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida
Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee,
219
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5.,
F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality
control measures are required as part of the permit.
(d) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the
Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October 1,
2013), (htti)://www.flrules-orp-/Gatewgy/reference.ast)?No=Ref-02505), incorporated by reference
herein, indicating the expected start and completion dates. A copy of this form may be obtained from
the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically
or by mail to the Agency. However, for activities involving more than one acre of construction that
also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to
Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP
Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this
chapter and, in such a case, submittal of Form 62-330.350(1) is not required.
(e) Unless the permit is transferred under rule 62-331.100, F.A.C., the permittee is liable to comply
with the plans, terms, and conditions of the permit for the life of the project or activity.
(f) Within 30 days after completing construction of the entire project, or any independent portion of
the project, the permittee shall provide the following to the Agency, as applicable:
1. For an individual, private single-family residential dwelling unit, duplex, triplex, or
quadruplex — "Construction Completion and Inspection Certification for Activities Associated
with a Private Single -Family Dwelling Unit' [Form 62-330.310(3)]; or
2. For all other activities — "As -Built Certification and Request for Conversion to Operation
Phase" [Form 62-330.310(1)].
3. If available, an Agency website that fulfills this certification requirement may be used in lieu
of the form.
(g) If the final operation and maintenance entity is a third party:
1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of
Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy of
any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with
the Clerk of the Court in the County in which the activity is located.
2. Within 30 days of submittal of the as -built certification, the permittee shall submit "Request
for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance
Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity,
along with the documentation requested in the form. If available, an Agency website that fulfills
this transfer requirement may be used in lieu of the form.
220
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
(h) The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this permit
must be obtained prior to implementing the changes.
(i) This permit does not:
1. Convey to the permittee any property rights or privileges, or any other rights or privileges
other than those specified herein or in chapter 62-330, F.A.C.;
2. Convey to the permittee or create in the permittee any interest in real property;
3. Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, law, rule, or ordinance; or
4. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
0) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee
must receive all necessary approvals and authorizations under chapters 253 and 258, F.S. Written
authorization that requires formal execution by the Board of Trustees of the Internal Improvement
Trust Fund shall not be considered received until it has been fully executed.
(k) The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any project authorized by the permit.
(1) The permittee shall notify the Agency in writing:
1. Immediately if any previously submitted information is discovered to be inaccurate; and
2. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer of
the permit in accordance with rule 62-330.340, F.A.C. This does not apply to the sale of lots or
units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
(m) Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity with the
plans and specifications authorized in the permit.
(n) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains that
could be associated with Native American, early European, or American settlement are encountered
at any time within the project site area, the permitted project shall cease all activities involving
subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact
221
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
the Florida Department of State, Division of Historical Resources, Compliance Review Section
(DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall
not resume without verbal or written authorization from the Division of Historical Resources. If
unmarked human remains are encountered, all work shall stop immediately and the proper
authorities notified in accordance with section 872.05, F.S. For project activities subject to prior
consultation with the DHR and as an alternative to the above requirements, the permittee may follow
procedures for unanticipated discoveries as set forth within a cultural resources assessment survey
determined complete and sufficient by DHR and included as a specific permit condition herein.
(o) Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding
unless a specific condition of this permit or a formal determination under rule 62-330.201, F.A.C.,
provides otherwise.
(p) The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be disposed
of in a landfill or other uplands in a manner that does not require a permit under chapter 62-331,
F.A.C., or cause violations of state water quality standards.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an
administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a
petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further
order of the Department. Because the administrative hearing process is designed to formulate final agency
action, the subsequent order may modify or take a different position than this action.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the
petitioner, if the petitioner is not represented by an attorney or a qualified representative; the
name, address, and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding; and an explanation of how the
petitioner's substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
222
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic
correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the
applicant at the address indicated above at the time of filing.
Time Period for Filing_a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant
and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of
receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those
entitled to written notice under Section 120.60(3), F.S., must be filed within 21 of publication of the
notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably
rely on the finality of this decision unless notice of this decision and the right of substantially affected
persons to challenge this decision has been duly published or otherwise provided to all persons
substantially affected by the decision. While you are not required to publish notice of this action, you
may elect to do so pursuant Rule 62-110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that person's
right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to
intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding
initiated by another party) will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this
waiver will not apply to persons who have not received written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's
action may also request an extension of time to file a petition for an administrative hearing. The
Department may, for good cause shown, grant the request for an extension of time. Requests for
extension of time must be filed with the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic
correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an
administrative hearing. A timely request for extension of time shall toll the running of the time period
for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also
seek appellate review of this order before the Land and Water Adjudicatory Commission under Section
373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission
223
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Permit Expiration: August 8, 2028
must be filed with the Secretary of the Commission and served on the Department within 20 days from
the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant
to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure
9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of
Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The
notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.
Permittee Sianature
Pursuant to Rule 62-331.052(3)(a)1, a permit becomes effective when it is signed by both the
applicant and the Department. Signing indicates, as permittee, you accept and agree to comply
with the terms of this permit. You have 60 days after receipt of this proposed permit with
which to sign and return to the Department for final approval. Failure to return within this
timeframe will result in administrative withdrawal of your permit application. After receipt of the
signed proposal, the Department will return to you the final signed permit, listing the permit's
effective date and expiration date.
(Permittee) (Date)
(Permittee Name — Printed)
This permit becomes effective when the designated Department official has signed below.
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Norva Blanding, MSEM
Program Administrator
Submerged Lands & Environmental
Resource Program
224
Permittee: Indian River County
Permit No: 31-0420933-001-SFI
Attachments:
Permit Expiration: August 8, 2028
Project Drawings, 7 pages
Construction Commencement Notice/Form 62-330.350(1)
Construction Completion and Inspection Certification for Activities Associated With a
As -built Certification and Request for Conversion to Operational Phase/ Form 62-330.310(1)
Request for Transfer to the Perpetual Operation Entity/Form 62-330.310(2)
Request to Transfer Permit/Form 62-330.340(1)
Operation and Maintenance Inspection Certification/Form 62-330.311(1)
Copies furnished to:
Indian River County Engineering- Infrastructure Project Manager, Rob Skok, rskok@ircgov.com
U.S. Environmental Protection Agency
FDEP- Norva Blandin, Danielle Sattelberger, David White, Ariel Duhart, SED_Compliance@dep.state.fl.us
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this permit, including all copies, were mailed before the close of
business on ,4„A, jst 8th, 9ro3 , to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
225
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CONSTRUCTION COMMENCEMENT NOTICE
Instructions: In accordance with Chapter 62-330.350(1)(d), F.A.C., complete and submit this form at least 48
hours prior to commencement of activity authorized by permit.
Permit No. Application No.
Project
Name Phase
Construction of the system authorized by the above referenced Environmental Resource
Permit and Application, is expected to commence on
and will have an estimated completion date of 20
20
PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of
the permit, District staff should be so notified in writing. As soon as a construction commencement date is
known, the permittee shall submit a completed construction commencement notice form.
Permittee's or Authorized Aqent's Signature
Print Name
E-mail
Company
title
Form 62-330.350(1) Construction Commencement Notice
Incorporated by reference in subsection 62-330.350(1), F.A.C. (October 1, 2013)
Date
Phone Number
Page 1 of 1
233
As -Built Certification
And Request for Conversion to Operation Phase
Instructions: Complete and submit this page within 30 days of completion of the entire project, or any independent
portion of the project, as required by the permit conditions. The operation phase of the permit is effective when the
construction certification for the entire permit/application is approved by the Agency. If the final operation and
maintenance entity is not the permittee, the permittee shall operate the project, system, works, or other activities
temporarily until such time as the transfer to the operation entity is finalized (use Form 62-330.310(2)).
Permit No: Application No: Permittee:
Project Name: Phase or Independent Portion (if applicable):
I HEREBY CERTIFY THAT (please check only one box):
❑ To the best of my knowledge, information, and belief, construction of the project has been completed
in substantial conformance with the plans specifications and conditions permitted by the Agency. Any
minor deviations will not prevent the project from functioning in compliance with the requirements of
Chapter 62-330, F.A.C. Attached are documents to demonstrate satisfaction of the outstanding permit
conditions, other than long term monitoring and inspection requirements.
❑ Construction of the project was NOT completed in substantial conformance with the plans and
specifications permitted by the Agency. Any deviations or independent phasing will not prevent the
project from functioning in compliance with the requirements of Chapter 62-330, F.A.C. (Contact the
permitting agency to determine whether a modification of the permit will be required in accordance
with Rule 62-330.315, F.A.C.) Attached is a description of substantial deviations, a set of as -built
drawings, and documents to demonstrate satisfaction of the outstanding permit conditions, other than
long term monitoring and inspection requirements.
❑ Construction of the project was NOT completed in substantial conformance with the plans and
specifications permitted by the Agency. There are substantial deviations that prevent the project from
functioning in compliance with the requirements of Chapter 62-330, F.A.C. I acknowledge that
corrections to the project and/or a modification of the permit will likely be required, and that conversion
to the operation phase cannot be approved at this time. As -built or record drawings reflecting the
substantial deviations are attached.
For activities that require certification by a registered professional:
By: (Print Name) (Fla. Lic. or Reg. No.)
Signature
(Company Name) (Company Address)
(Telephone Number) (Email Address)
AFFIX SEAL
(Date)
For activities that do not require certification by a registered professional:
By: (Print Name)
Signature
(Company Name) (Company Address)
` / ,{
Form 62-330.310(1) — As -Built Certification and Request for Conversion to Operation Phase
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (June 1, 2018) Page 1 of 3
234
(Telephone Number) (Email Address) (Date)
Form 62-330.310(1) — As -Built Certification and Request for Conversion to Operation Phase
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (June 1, 2018)
Page 2 of 3
235
Drawings and Information Checklist
Following is a list of information that is to be verified and/or submitted by the Registered
Professional or Permittee:
1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under
Chapter 472, F.S.
2. The registered professional's certification shall be based upon on-site observation of construction
(scheduled and conducted by the registered professional of record or by a project representative under
direct supervision) and review of as -built drawings, with field measurements and verification as needed,
for the purpose of determining if the work was completed in accordance with original permitted
construction plans, specifications, and conditions.
3. If submitted, the as -built drawings are to be based on the permitted construction drawings revised to
reflect any substantial deviations made during construction. Both the original design and constructed
condition must be clearly shown. The plans need to be clearly labeled as "as -built" or "record" drawings
that clearly highlight (such as through "red lines" or "clouds") any substantial deviations made during
construction. As required by law, all surveyed dimensions and elevations required shall be verified and
signed, dated, and sealed by an appropriate registered professional. The following information, at a
minimum, shall be verified on the as -built drawings; and supplemental documents if needed:
a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices, gates,
pumps, pipes, and oil and grease skimmers;
b. Detention/Retention Area(s) — Identification number, size in acres, side slopes (h:v), dimensions,
elevations, contours, or cross-sections of all, sufficient to determine stage -storage relationships of
the storage area and the permanent pool depth and volume below the control elevation for normally
wet systems,
c. Side bank and underdrain filters, or exfiltration trenches - locations, dimensions, and elevations of
all, including clean -outs, pipes, connections to control structures, and points of discharge to
receiving waters;
d. System grading - dimensions, elevations, contours, final grades, or cross-sections to determine
contributing drainage areas, flow directions, and conveyance of runoff to the system discharge
point(s);
e. Conveyance - dimensions, elevations, contours, final grades, or cross-sections of systems utilized
to divert off-site runoff around or through the new system;
f. Benchmark(s) - location and description (minimum of one per major water control structure);
g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans,
preferably the same datum used in the permit plans.
4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial distribution
of plantings conducted by zone (if plantings are required by permit), with a list showing all species
planted in each zone, numbers of each species, sizes, date(s) planted, and identification of source of
material; also provide the dimensions, elevations, contours, and representative cross-sections
depicting the construction.
5. A map depicting the phase or independent portion of the project being certified, if all components of the
project authorized in the permit are not being certified at this time.
6. Any additional information or outstanding submittals required by permit conditions or to document
permit compliance, other than long-term monitoring or inspection requirements.
Form 62-330.310(1) — As -Built Certification and Request for Conversion to Operation Phase
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (June 1, 2018) Page 3 of 3
236
Request for Transfer of
Environmental Resource Permit
to the Perpetual Operation and Maintenance Ent
Instructions: Complete this form to transfer to the permit to the operation and maintenance entity. This form can be
completed concurrently with, or within 30 days of approval of the As -Built Certification and Request for Conversion to
Operation Phase (Form 62-330.310(1)). Please include all documentation required under Section 12.2.1(b) of
Applicant's Handbook Volume I (see checklist below). Failure to submit the appropriate final documents will result
in the permittee remaining liable for operation and maintenance of the permitted activities.
Permit No.:
Project Name:
Application No(s):
Phase (if applicable):
A. Request to Transfer: The permittee requests that the permit be transferred to the legal entity
responsible for operation and maintenance (O&M).
By:
Signature of Permittee
Company Name
Phone/email address
Name and Title
Company Address
City, State, Zip
B. Agreement for System Operation and Maintenance Responsibility: The below -named
legal entity agrees to operate and maintain the works or activities in compliance with all permit
conditions and provisions of Chapter 62-330, Florida Administrative Code (F.A.C.) and Applicant's
Handbook Volumes I and 11.
By:
The operation and maintenance entity does not need to sign this form if it is the same entity that was approved for
operation and maintenance in the issued permit.
Authorization for any proposed modification to the permitted activities shall be applied for and obtained
prior to conducting such modification.
Signature of Representative of O&M Entity
Name and Title
Email Address
Phone
Enclosed are the following documents, as applicable:
Name of Entity for O&M
Address
City, State, Zip
Date
❑ Copy of recorded transfer of title to the operating entity for the common areas on which the stormwater
management system is located (unless dedicated by plat)
❑ Copy of all recorded plats
❑ Copy of recorded declaration of covenants and restrictions, amendments, and associated exhibits
❑ Copy of filed articles of incorporation (if filed before 1995)
s_J
Form 62-330.310(2) — Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (June 1, 2018)
Page 1 of 1
237
❑ A Completed documentation that the operating entity meets the requirements of Section 12.3 of
Environmental Resource Permit Applicant's Handbook Volume I. (Note: this is optional, but aids in
processing of this request)
Form 62-330.310(2) — Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (June 1, 2018) Page 2 of 2
238
Request to Transfer
Environmental Resource and/or State 404 Proaram Permit
Instructions: To be completed, executed, and submitted by the new owner to the Agency within 30 days
after any transfer of ownership or control of the real property where the permitted activity is located.
Use of this form is not required when a valid ERP permit is in the operation and maintenance phase. In such case,
the owner must notify the Agency in writing within 30 days of a change in ownership or control of the entire real
property, project, or activity covered by the permit. The notification may be by letter or email, or through use of this
form, and must be sent to the office that issued the permit. A processing fee is not required for this notice. The permit
shall automatically transfer to the new owner or person in control, except in cases of abandonment, revocation, or
modification of a permit as provided in Sections 373.426 and 373.429, F.S. (2013). If a permittee fails to provide
written notice to the Agency within 30 days of the change in ownership or control, or if the change does not include
the entire real property or activity covered by the permit, then the transfer must be requested using this form.
Permit No(s): Application No(s).: Acres to be Transferred:
Permitted Project: Proposed Project Name (if different):
Phase of Project (if applicable):
I hereby notify the Agency that I have acquired ownership or control of the land on which the permitted system is located
through the sale or other legal transfer of the land. By signing below, I hereby certify that I have sufficient real property
interest or control in the land in accordance with subsection 4.2.3(d) of Applicant's Handbook Volume I; attached is a
copy of my title, easement, or other demonstration of ownership or control in the land, including any revised plats, as
recorded in the Public Records. I request that the permit(s) be modified to reflect that I agree to be the new permittee.
By so doing, I acknowledge that I have examined the permit terms, conditions, and drawings, and agree to accept all
rights and obligations as permittee, including agreeing to be liable for compliance with all of the permit terms and
conditions and to be liable for any corrective actions required as a result of any violations of the permit after approval
of this modification by the Permitting Agency. Also attached are copies of any recorded restrictive covenants, articles
of incorporation, and certificate of incorporation that may have been changed as a result of my assuming ownership or
control of the lands. As necessary, I agree to furnish the Agency with demonstration that I have the ability to provide
for the operation and maintenance of the system for the duration of the permit in accordance with subsection 12.3 of
Applicant's Handbook Volume 1.
Name of Proposed Permittee:
Mailing Address:
City: State: Zip:
Telephone: E-mail:
Signature of Proposed Permittee
Name and Title
Date:
Enclosures:
❑ Copy of title, easement, or other demonstration of ownership or control in the land, as recorded in the
Public Records❑ Copy of current plat(s) (if any), as recorded in the Public Records
❑ Copy of current recorded restrictive covenants and articles of incorporation (if any)
❑ Other
Form 62-330.340(1) — Request to Transfer Environmental Resource and/or State 404 Program Permit
Incorporated by reference in subsection 62-330.340(3), F.A.C. (effective date: December 22, 2020) Page 1 of 1
239
OPERATION AND MAINTENANCE
INSPECTION CERTIFICATION
Instructions: Submit this form to the Agency within 30 days of completion of the inspection after any failure
of a stormwater management system or deviation from the permit. This form may also be used to document
inspections required under Section 12.4 of Applicant's Handbook Volume I, however submittal to the
Agency is not required unless requested by the Agency.
Permit No.: Application No.: Date Issued:
Identification or Name of Stormwater Management System:
Phase of Stormwater Management System (if applicable):
Inspection Date:
Inspection results: (check all that apply)
❑ The undersigned hereby certifies that the works or activities are functioning in substantial conformance
with the permit. This certification is based upon on-site observation of the system conducted by me or
my designee under my direct supervision and my review of as -built plans.
❑ The following maintenance was conducted since the last inspection (attach additional pages if
needed):
❑ The undersigned hereby certifies that I or my designee under my direct supervision has inspected
this surface water management system and the system does not appear to be functioning in
substantial conformance with the permit. I am aware that maintenance or alteration is required to
bring the system into substantial compliance with the terms and conditions of the permit. As
appropriate, I have informed the owner of the following:
(a) The system does not appear to be functioning properly;
(b) That maintenance or repair is required to bring the system into compliance; and
(c) If maintenance or repair measures are not adequate to bring the system into compliance, the
system may have to be replaced or an alternative design constructed subsequent to approval
by the agency below.
The following components of the system do not appear to be functioning properly (attach additional
pages if needed):
Any components of the constructed system that are not in substantial conformance with the
permitted system shall require a written request to modify the permit in accordance with the
provisions of Rule 62-330.315, F.A.C. If such modification request is not approved by the agency
below, the components of the system that are not in conformance with the permit are subject
to enforcement action under Sections 373.119, .129, .136, and .430, F.S.
Form 62-330.311(1) — Operation and Maintenance Inspection Certification
Incorporated by reference in subsection in 62-330.311(2), F.A.C. (October 1, 2013) Page 1 of 2
240
Name of Inspector: Florida Registration Number:
Company Name:
Mailing Address:
City: State: Zip:,
Phone: Email:
Signature of Inspector: Date:
Report Reviewed by Permittee:
Name of Permittee:
Signature of Permittee:
Title (if any):
Date:
Form 62-330.311(1) — Operation and Maintenance Inspection Certification
Incorporated by reference in subsection in 62-330.311(2), F.A.C. (October 1, 2013) Page 2 of 2
241
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
PREPARED BY: Eric Charest, Natural Resources Manager
SUBJECT: Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work
Order No. 2018029-12, Year 3 Post -Construction Engineering Monitoring
Report
DATE: August 14, 2023
DESCRIPTION AND CONDITIONS
On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC.
(APTIM) for professional coastal engineering and biological support services related to the
management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector
5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach
Park south to the Gables Oceanfront Condominiums and sustained damages from Hurricanes
Matthew (2016) Irma (2017) and Dorian (2019). Construction of the large-scale beach and dune
nourishment project was completed February 2020.
Regulatory permits issued for the beach restoration activities identify post -construction related
monitoring to be performed on a set schedule for several years following completion of
construction. These monitoring activities are evaluated to demonstrate compliance with permit
conditions. APTIM will develop an engineering monitoring report that discusses the performance
of the beach fill project in order to meet FDEP JCP Permit 0363427 -001 -JC requirements.
The proposed Work Order No. 2018029-12, in the amount of $25,598.00, provides professional
services for permit required year 3 post -construction engineering monitoring which includes:
• Year 3 Post -Construction Engineering Monitoring Report (Task 1)
All subsequent annual post construction engineering monitoring of the Sector 5 Project area will
be addressed through future work orders.
FUNDING
Funding for Year 3 Post -Construction Engineering Monitoring Report in the amount of $25,598.00
is budgeted and available for the Sector 5 Beach Nourishment Project in the Coastal Engineering
Fund/Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021.
242
Page 2
APTIM WO 2018029-12 Year 3 Report
August 29, 2023 BCC Agenda Item
Account Name
Account No.
I Amount
Sector 5 Post -Construction Monitoring
12814472-033490-15021
1 $25,598.00
RECOMMENDATION
Staff recommends the BCC authorize Work Order No. 2018029-12 in the total lump sum amount
of $25,598.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work
Order No. 2018029-12.
ATTACHMENTS
1.0 APTIM Work Order No. 2018029-12
2.0 Work Order No. 2018029-12 Agreement Execution
APPROVED AGENDA ITEM FOR: August 29, 2023
243
0>
APTIM
August 9, 2023
Eric Charest
Coastal Division
Indian River County Public Works
1801 27th Street
Vero Beach, FL 32960
Aptim Environmental & Infrastructure, LLC
6401 Congress Avenue, Suite 140
Boca Raton, FL 33487
Tel: +1 561 391 8102
Fax: +1 561 391 9116
www.aptim.com
Subject: Indian River County, FL
Sector 5 — 2018029 — Work Order #12
Year 3 Post -Construction Engineering Monitoring Report
Dear Eric:
This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide
a Year 3 post -construction monitoring report for the Sector 5 Beach and Dune Restoration Project (R-70
to R-86) in Indian River County, which was completed in February 2020. This proposal was prepared to
fulfill the stipulations of the Joint Coastal Permit (JCP) No. 0363427 -001 -JC for the Sector 5 Beach and
Dune Restoration Project. The scope and fee were developed following the provisions of the Professional
Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide
engineering and biological support services in support of the Sector 5 Beach and Dune Restoration
Project (RFQ#2018029).
Scope of Work
Volumetric and contour changes at the Sector 5 Beach will be calculated using surveys that were
collected at the FDEP R -monuments by the County's surveyor, Morgan & Eklund. APTIM will review the
data to ensure that it conforms to the standards required by the FDEP physical monitoring plan. APTIM
will notify the County of any issues with the survey data and will coordinate through the County or directly
with the surveyors to resolve any issues.
APTIM will develop an engineering report that discusses the performance of the beach fill project. Beach
contour changes will be evaluated to document changes at the shoreline and the dune. Volumetric
changes will be quantified above MHW (+0.6 ft NAVD) and above the depth of closure. All computations
and distinguished erosion and accretion patterns/trends will be summarized with tables and graphical
representations in addition to plots of the survey profiles.
Deliverable
A Year 3 post -construction monitoring assessment will be provided in report format for the Sector 5
project area. The report will summarize and discuss background information regarding the project, survey
datasets utilized, beach contour and volumetric changes, and overall project performance. The report
appendices will include the raw survey data and superimposed plots of the two most recent beach
profiles, the design template, and pre- and post -construction profiles.
244
^ r � � � August 9, 2023
Page 2 of 3
In accordance with the JCP requirements, the report will specifically include the following::
1. A record of the volume and location of all beach fill material placed within the project area
2. The volume and percentage of advance nourishment lost since the last beach nourishment project
as measured landward of the MHW line of the most recent survey
3. The most recent MHW shoreline positions (feet) in comparison to the design profile at each
individual monument location
4. The MHW shoreline position changes (feet) relative to the pre -construction survey at each
individual monument location for all the monitoring periods
5. The total measured remaining volume (cubic yards) in comparison with the total predicted
remaining volume (cubic yards) above the MHW line and above the Depth of Closure for the entire
project area over the successive monitoring periods
6. Any other shoreline position and/or volumetric analysis the Engineer deem useful in assessing,
with quantitative measurements, the performance of the project.
Schedule & Assumptions
APTIM will provide the deliverable within 90 calendar days of receipt of the Sector 5 Beach and Dune
Restoration Project survey data. It is assumed that the survey data provided by the County has been
processed and is considered final.
Cost
The cost to complete this task is a fixed price of $25,598.00. The scope and fee were developed following
the provisions of the Professional Services Agreement between Indian River County and APTIM, dated
April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach
and Dune Restoration Project (RFQ#2018029).
Thank you for the opportunity to serve Indian River County. Please do not hesitate to call if you have any
questions.
Sincerely,
Nicole S. Sharp, P.E.
Coastal Market Lead
Aptim Environmental & Infrastructure, LLC
245
,> APTIM
EXHIBIT A
Sector 5 - 2018029 - Work Order #12
Year 3 Post -construction Physical Monitoring
Indian River County, FL
Summary of Cost by Task
August 9, 2023
Page 3 of 3
ask Number Task Name Labor Sub- M obi I ization/T rave Totals
contractors I I
Task 1
Year 3 Post -Construction
$ 25,598.00
$ -
$ -
$ 25,598.00
$ 250.00
Engineering Report
$ -
-
$
-
Totals =
$ 25,598.00
$ -
$ -
$ 25,598.00
Submitted By: Nicole Sharp
Submitted To: Indian River County, FL
Submission Date: 8/1/2023
Labor Title
Labor Bill
Rate
Year 3 Post -Construction
Engineering Report
Task 1
Labor
Hours Cost
Labor
Hours
Totals
Cost
Principal Engineer/Sr Pro' Mngr
$ 250.00
$ -
-
$
-
Program Manager
$ 190.00
32
$ 6,080.00
32
$
6,080.00
Sr Coastal Engineer/Proj Mngr
$ 165.00
$ -
-
$
-
Coastal Engineer III
$ 150.00
8
$ 1,200.00
8
$
1,200.00
Coastal Engineer II
$ 125.00
80
$ 10,000.00
80
$
10,000.00
Coastal Engineer 1
$ 105.00
$ -
-
$
Coastal Modeler II
$ 130.00
$
$
Geologist II
$ 95.00
$
$
Geologist 1
$ 80.00
$
$
Senior Marine Biologist
$ 135.00
6
$ 810.00
6
$
810.00
Professional Surveyor & Mapper
$ 160.00
4
$ 640.00
4
$
640.00
Senior CAD Operator
$ 140.00
$ -
-
$
-
CAD Operator
$ 105.00 1
40
$ 4,200.00
40
$
4,200.00
GIS Operator
$ 105.00
20
$ 2,100.00
20
$
2,100.00
Bookkeeper
$ 80.00
$ -
-
$
-
Clerical
$ 71.00
8
$ 568.00
8
$
568.00
Technician
$ 60.00
$
-
$
-
Mobilization/Travel
$
$
-
Sub -Contractors
-
-
$ -
-
TOTAL
198
$ 25,598.001
198
$
25,598.00
Submitted By: Nicole Sharp
Submitted To: Indian River County, FL
Submission Date: 8/1/2023
246
WORK ORDER NUMBER 2018029-12
SECTOR 5 YEAR 3 POST CONSTRUCTION ENGINEERING REPORT
This Work Order Number 2018029-12 is entered into as of this day of
, 2023 pursuant to that certain Contract Agreement relating to Engineering
and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment
Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a
political subdivision of the State of Florida ("COUNTY") and Aptim Environmental &
Infrastructure, LLC ("CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional
services set forth on Exhibit 1, attached to this Work Order and made part hereof by this
reference. The professional services will be performed by the CONSULTANT for the fee
schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services
within the timeframe more particularly set forth in Exhibit 1, all in accordance with the
terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the
Agreement and the terms of the Agreement shall be deemed to be incorporated in each
individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of
the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS
APTIM Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY
IM
P.E. Joseph Earman, Chairman
Title: Director of Operations Attest: Ryan L. Butler, Clerk of Court and
Comptroller
Date:
By:
(Seal) Deputy Clerk
Approved:
By:
John Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
By:
William K. DeBraal, County Attorney
247
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Richard B. Szpyrka, P.E., Public Works Director
Kirstin Leiendecker, P.E., Assistant Public Works Director
FROM: Robert S. Skok, Infrastructure Project Manager
SUBJECT: Award of Bid No. 2023049
Information Technology Office & Finance Office Remodel, IRC -2004 & 2205
DATE: August 8, 2023
DESCRIPTION AND CONDITIONS
On April 18, 2022, a purchase order was issued to Edlund Dritenbas Binkley Architects, PA (EDB) for
professional design services to remodel a portion the Information Technology Department. On April 26,
2022 another purchase order was issued to EBD for professional design services to remodel a portion of
the Clerk of Court's Finance Department.
The project was bid as Alternative 1, normal County working hours and Alternative 2, allowance for
additional daily cost on an "as needed" basis up to 30 days to work in the evening/night so as to not
disrupt the daily work of the departments. Information Technology and Finance staff are recommending
the option of night work "as needed".
A bid opening for the project was held on July 26, 2023. Five (5) bids were received and opened. A
detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid
totals are as follows:
COMPANY
ALTERNATE 1 BID
ALTERNATE 2 BID
Jim's Complete Construction, LLC.
* $218,550.00
$241,050.00*
St. Cloud, FL
De La Hoz Builders, Inc.
$219,073.00
$247,573.00
Sebastian, FL
MIE, Inc.
$212,385.00*
$257,385.00*
Apopka, FL
Quick Painting Group
$231,878.00*
$287,398.00*
Orlando, FL
Close Construction Services
$255,458.00
$291,458.00
Okeechobee, FL
*Denotes mathematical errors on bid form corrected
248
Award of Bid No. 2023049
Information Technology Office and Finance Office Remodel, IRC -2004 & 2205
For August 29, 2023 BCC Meeting
Jim's Complete Construction, Inc. is considered to be the lowest, responsive, responsible bidder forth e
project with Alternative 2 having a bid totaling $241,050.00, which is $16,345.00 over the Architect's
Cost Estimate.
Upon review of their bid and qualifications, County staff, in coordination with EDB has determined that
Jim's Complete Construction, LLC has successfully completed similar construction projects. Jim's
Complete Construction, LLC, Inc. also has an A+ rating with the Better Business Bureau.
FUNDING
Funding for this project is budgeted and available as follows:
Optional Sales Tax/Facilities Mgmt/IT Department
Account No. 31522019-066510-22043
Renovations
$94,601.35
Optional Sales Tax/Facilities Mgmt/Finance
Account No. 31522019-066510-22042
Department Renovations
$146,448.65
RECOMMENDATION
Staff recommends the project be awarded to Jim's Complete Construction, Inc. in the amount of
$241,050.00. Staff further recommends the Board approve the sample agreement and authorize the
Chairman to execute said agreement after review and approval of both the agreement and required
Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and
approval of required insurance by the Risk Manager, and after the Contractor has become actively
registered with the Building Division.
ATTACHMENTS
Sample Agreement
AGENDA ITEM FOR AUGUST 29, 2023
CAGranicm\Legistu5\L5\Temp\115b50c7-086448af-9a54a7cc 119530c6.doc 249
SECTION 00520 Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The proposed project consists of interior modifications to the Indian River County
Information Technology Department. These modifications include the removal of existing
interior windows and the construction of new stud walls with drywall, paint, electrical,
HVAC and flooring (approximate project area 230 so. Also included with this project are
interior modifications to the Indian River County Finance Department located on the 2nd
floor of Building "A" of the IRC Administrative Building which includes stud walls, drywall,
paint, electrical and HVAC modifications (approximate project area 630 so.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: INFORMATION TECHNOLOGY OFFICE & FINANCE OFFICE
REMODEL
County Project Number: IRC -2004 & 2205
Bid Number: 2023049
Project Address: 1801 27' Street, Vero Beach, FL 32960
ARTICLE 3 - ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and
will act as OWNER's representative, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with
the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
250
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 90th calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
of the General Conditions on or before the 120th calendar day after the date when the
Contract Times commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. Liquidated damages will commence for this portion of work. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
980.00' for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $980.001 for each calendar day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $
Written Amount:
'Reference for liquidated damages amount "Standard Specifications for Road & Bridge Construction, Florida Department of
Transportation (FDOT) FY 2023-24, Section 8-10.2 for projects over $50,000 but less than $250,000. THE ACTUAL LIQUIDATED
DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AMOUNT AWARD AMOUNT AND WILL BE DETERMINED USING
THE REFERENCED FDOT CRITERIA.
251
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis
of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
of the payment amounts due to the CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract
Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for payment shall contain the
CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed.
6.04 Paragraphs 6.02 and 6.03
do not apply to construction services work purchased by the County as OWNER which
are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local
Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under
this Contract and for every act and neglect of the OWNER and others relating to
or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Public Construction Bond.
252
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
253
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees
for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also
responsible for obtaining proof of E -Verify registration for all subcontractors.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Applica on for Payment (pages 00622-1 to 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1
9. General Conditions (pages 00700-1 to 00700-37, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of a cover sheet and sheets lettered ABB through E2, inclusive,
with each sheet bearing the following general title: I.T. REMODEL; and Drawings
consisting of a cover sheet and sheets lettered ABB through E2, inclusive, with each
sheet bearing the following general title: FINANCE DEPARTMENT INTERIOR
REMODEL
13. Addenda (if applicable );
254
14. Appendices to this Agreement (enumerated as follows):
Appendix A — Permits
15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1 ;
21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
22. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s);
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
255
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract shall
be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall co*pu
ith% Florida's Public Records Law. Specifically, the Contractor
shall:
(1) Keep and maintac recon 5 required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the Custodian of Public
Records, in a format that is compatible with the information technology systems of the County.
256
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
pu bl icrecordsAi rcgov.com
Indian River County Office of the County Attorney
180127 th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
[The remainder of this page was left blank intentionally]
.rte.
257
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on day of 20 (the date the Contract
is approved by the Indian River County Board of County Commissioners, which is the Effective Date
of the Agreement).
OWNER:
INDIAN RIVER COUNTY
By:
A
Joseph H. Earman, Chairman
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
William K. DeBraal, County Attorney
Ryan L. Butler, CI rbc Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Richard B. Szpyrka, P.E.
Title: Public Works Director
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1379
Facsimile: (772) 226-1371
CONTRACTOR:
By:
(Contractor)
(CORPORATE SEAL)
Attest
Address forgiving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
258
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
PREPARED BY: Eric Charest, Natural Resources Manager
O ut
SUBJECT: Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work
Order No. 2018006-16, Year 1 Post -Construction Engineering Monitoring
Report
DATE: August 14, 2023
DESCRIPTION AND CONDITIONS
On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim
Environmental & Infrastructure, LLC (APTIM) for professional coastal engineering and biological
support services related to the management and nourishment of the Sector 3 (Wabasso Beach)
Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile
section of shoreline that extends from the Seaview Subdivision in the north to just south of the
Turtle Trail beach park. This area sustained erosional damage from Hurricane Matthew (2016),
Irma (2017), and Dorian (2019) creating the need for repair.
Regulatory permits issued for the beach restoration activities identify post -construction related
monitoring to be performed on a set schedule for several years following completion of
construction. These monitoring activities are evaluated to demonstrate compliance with permit
conditions. APTIM will develop an engineering monitoring report that discusses the performance
of the beach fill project in order to meet FDEP JCP Permit 0285993 -009 -JC requirements.
The proposed Work Order No. 2018006-16 in the amount of $27,818.00 provides professional
services for permit required year 1 post -construction engineering monitoring which includes:
• Year 1 Post -Construction Engineering Monitoring Report (Task 1)
All subsequent annual post construction engineering monitoring of the Sector 3 Project area will
be addressed through future work orders.
FUNDING
Funding for Year 1 Post -Construction Engineering Monitoring Report in the amount of $27,818.00
is budgeted and available for the Sector 3 Beach Nourishment Project in the Coastal Engineering
Fund/Sector 3 Post -Construction Monitoring, Account No. 12814472-033490-05054.
259
Page 2
APTIM WO 2018006-16 Year 1 Report
August 29, 2023 BCC Agenda Item
Account Name
Account No.
Amount
Sector 3 Post -Construction Monitoring
12814472-033490-05054
1 $27,818.00
RECOMMENDATION
Staff recommends the BCC authorize Work Order No. 2018006-16 in the total lump sum amount
of $27,818.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work
Order No. 2018006-16.
ATTACHMENTS
1.0 APTIM Work Order No. 2018006-16
2.0 Work Order No. 2018006-16 Agreement Execution
APPROVED AGENDA ITEM FOR: August 29. 2023
260
0
APTIM
August 9, 2023
Mr. Eric Charest
Indian River County
Public Works - Coastal Division
1801 27th St, Building A
Vero Beach, FL 32960
Subject: Indian River County, FL
Sector 3 — 2018006 — Work Order #16
Year 1 Physical Monitoring Report
Dear Eric:
Aptim Environmental & Infrastructure, LLC
6401 Congress Avenue, Suite 140
Boca Raton, FL 33487
Tel: +1 561 391 8102
Fax: +1 561 391 9116
www.aptim.com
This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide
professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune
Restoration Project. The scope of work described herein is to support the County for Year 1 physical
monitoring reporting, as required by permit.
The tasks to perform this work are listed below and described on the following pages. A breakdown of
the hours and expenses to develop the cost is attached. The scope and fee proposal were developed
following the provisions of the Professional Services Agreement between Indian River County and
APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the
Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006).
Year 1 Physical Monitoring Report
Volumetric and contour changes at the Sector 3 Beach will be calculated using surveys that were
collected at the FDEP R -monuments by the County's surveyor, Morgan & Eklund. APTIM will review the
data to ensure that it conforms to the standards required by the FDEP physical monitoring plan. APTIM
will notify the County of any issues with the survey data and will coordinate through the County or directly
with the surveyors to resolve any issues.
APTIM will develop an engineering report that discusses the performance of the beach fill project. Beach
contour changes will be evaluated to document changes at the shoreline and the dune. Volumetric
changes will be quantified above MHW (+0.6 ft NAVD) and above the depth of closure. All computations
and distinguished erosion and accretion patterns/trends will be summarized with tables and graphical
representations in addition to plots of the survey profiles.
In accordance with the JCP requirements, the report will specifically include the following:
1. A record of the volume and location of all beach fill material placed within the project area
2. The volume and percentage of advance nourishment lost since the last beach nourishment project
as measured landward of the MHW line of the most recent survey
261
APTIM August 9, 2023
Page 2 of 3
3. The most recent MHW shoreline positions (feet) in comparison to the design profile at each
individual monument location
4. The MHW shoreline position changes (feet) relative to the pre -construction survey at each
individual monument location for all the monitoring periods
5. The total measured remaining volume (cubic yards) in comparison with the total predicted
remaining volume (cubic yards) above the MHW line and above the Depth of Closure for the entire
project area over the successive monitoring periods
6. Any other shoreline position and/or volumetric analysis the Engineer deem useful in assessing,
with quantitative measurements, the performance of the project.
Deliverable
A Year 1 post -construction monitoring assessment will be provided in report format for the Sector 3
project area. The report will summarize and discuss background information regarding the project,
survey datasets utilized, beach contour and volumetric changes, and overall project performance. The
report appendices will include the raw survey data and superimposed plots of the two most recent
beach profiles, the design template, and pre- and post -construction profiles.
Schedule
APTIM will provide the deliverable within 90 calendar days of receipt of the Sector 3 Beach and Dune
Restoration Project survey data. It is assumed that the survey data provided by the County has been
processed and is considered final.
Cost
The total lump sum cost to perform the proposed work described herein for — Work Order #16 is
$27,818.00. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs
and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order
from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this
Work Order are dependent upon Contractor performance and are outside the control of APTIM and the
County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will
strive to execute each phase of the work within budget and in as expeditious a manner according to
construction progress. We will coordinate with the County in the event that the scope, schedule, or budget
arise due to unforeseen issues or circumstances.
Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide
expert professional services to the County. Please do not hesitate to call if you have any questions.
Sincerely,
Nicole S. Sharp, P.E.
Coastal Market Lead
Aptim Environmental & Infrastructure, LLC
Client Authorized Signature
Printed Name
Title
262
A P T I M August 9, 2023
Page 3 of 3
EXHIBIT 2
Indian River County, FL
Sector 3 - 2018006 - Work Order #16
Year 1 Physical Monitoring Report
Summary of Cost by Task
Submitted By: Nicole Sharp
Submitted To: Indian River County, FL
Submission Date: 08/01/23
Summary of Labor Hours and Cost
Labor Title
Labor Bill
Rate
Year 1 Physical
Monitoring Report
Task 1
Labor
Hours Cost
Labor
Hours
Totals
Cost
Principal Engineer/Sr Pro' Mvr
Mobilization/
$
Task Number
Task Name
Labor
Subcontractors
Equipment
Materials
Other ODCs
$
Totals
Program Manager
$ 190.00
36 $ 6,840.00
36
$
6,840.00
Sr Coastal E ineer/Pro Mingir
Demob
$
Task 1
Physical %bnftoring Report
$ 27,818.00
$
$
$
$
$
$ 27,818.00
Totals =
$ 27,818.00
$
$
$
$
$
$ 27,818.00
Submitted By: Nicole Sharp
Submitted To: Indian River County, FL
Submission Date: 08/01/23
Summary of Labor Hours and Cost
Labor Title
Labor Bill
Rate
Year 1 Physical
Monitoring Report
Task 1
Labor
Hours Cost
Labor
Hours
Totals
Cost
Principal Engineer/Sr Pro' Mvr
$ 250.00
$
$
Expert Witness(Testimony)
$ 300.00
$
$
Program Manager
$ 190.00
36 $ 6,840.00
36
$
6,840.00
Sr Coastal E ineer/Pro Mingir
$ 165.00
$
$
Coastal Engineer 111
$ 150.00
8 $ 1,200.00
8
$
1,200.00
Coastal Engineer II
$ 125.00
90 $ 11,250.00
90 1
$
11,250.00
Coastal Engineer 1
$ 105.00
$
$
Coastal Modeler II
$ 130.00
$
$
Coastal Modeler 1
$ 110.00
$
$
Professional Surveyor & Wp
$ 145.00
4 $ 580.00
4
$
580.00
Hydrographer
$ 135.00
$
$
Surveyor
$ 95.00
$
$
Survey Technician
$ 80.00
$
$
Senior Marine Biologist
$ 135.00
8 $ 1,080.00
8
$
1,080.00
Marine Biologist II
$ 95.00
$
$
Marine Biologist 1
$ 72.00
$
$
Professional Geologist
$ 150.00
$
$
Geologist III
$ 130.00
$
$
Geologist 11
$ 95.00
$
$
Geologist 1
$ 80.00
$
$
Senior CAD Operator
$ 140.00
$
-
$
CAD Operator
$ 105.00
40 $ 4,200.00
40
$
4,200.00
GIS Operator
$ 105.0020
$ 2,100.00
20
$
2,100.00
Boat Captain
$ 80.00
$
$
Bookkeeper
$ 80.00
$
$
-
Clerical
$ 71.00
8 $ 568.00
8
$
568.00
Technician
$ 60.00
$
$
Subcontractors
- $
$
Equipment
- $
$
Materials
$
$
Other ODCs
- $
$
Mobilization/Demob
$
$
TOTAL
214 $ 27.818.001
214
$
27,818.00
SubmiUed By: Nicole Sharp
Submitted To: Indian River County, FL
Submission Date: 08/01/23
263
WORK ORDER NUMBER 2018006-16
SECTOR 3 YEAR 1 POST CONSTRUCTION ENGINEERING REPORT
This Work Order Number 2018006-16 is entered into as of this day of
, 2023 pursuant to that certain Contract Agreement relating to Engineering
and Biological support services for Sector 3 Agreement for Professional Services entered
into as of January 2018 ("Agreement"), between Indian River County, a political
subdivision of the State of Florida ("COUNTY") and Aptim Environmental &
Infrastructure, LLC ("CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional
services set forth on Exhibit 1, attached to this Work Order and made part hereof by this
reference. The professional services will be performed by the CONSULTANT for the fee
schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services
within the timeframe more particularly set forth in Exhibit 1, all in accordance with the
terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the
Agreement and the terms of the Agreement shall be deemed to be incorporated in each
individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of
the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS
Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY
, P.E.
Title: Director of Operations
Date:
By:
Joseph Earman, Chairman
Attest: Ryan L. Butler, Clerk of Court and
Comptroller
By:
(Seal) Deputy Clerk
Approved:
By:
John Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
By:
William K. DeBraal, County Attorney
264
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Emergency Services District Board of Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: David Johnson, Director of Emergency Services
David Rattray, Fire Chief
PREPARED BY: David Rattray, Fire Chief
DATE: August 10, 2023
SUBJECT: Memorandum of Agreement CBA 2022-2025 Article 18.07
Promotion of Lieutenant Fire Inspector
It is respectfully requested that the information contained herein be given formal consideration by
the District Board of Commissioners at the next scheduled meeting, on August 29, 2023.
DESCRIPTIONS AND CONDITIONS
On November 17'', 2022 Indian River County Emergency Services District and the International
Association of Firefighters, Local 2201 met and amended Article 18.07 of the 2022-2025 CBA.
The amended article clarified language for the promotion requirements for the position of Fire
Prevention, Lieutenant Fire Inspector.
The updated language outlines promotion eligibility requirements for Fire Prevention Fire
Inspectors, Certified or Civilian. The amended article, further outlines that under circumstances
where no applicants meet the department's minimum standards for promotion, the Fire Marshal
with the approval of the Fire Chief may lower the promotion eligibility requirements.
RECOMMENDATION:
Staff recommends that the Board authorize approval of amended Article 18.07.
ATTACHMENTS:
Memorandum of Agreement (proposed changes highlighted in yellow)
265
M
r
MeWoMdan of . _ t went
This Memo- ran" -of Agreement ("A") is e>stered baWma hKWa Rb
County Emergency Services District and the International AssocladoofFirtflObtemLAnd2201. as
follows:
On November 17, 2022, the Indian River County Emergency Service Administ.spvke with the
International Association of`FhefgAters, Donal 2201. in refeiWeto amending C#A:2( Article
18.07• Vacancies *W 1' ms
The amendment ids to charily the promotion to Lieutenant Fite Inspector
Note: Amended CBA 2022-25f Article 18.07 (Proposed changes in yellow)
18.07- Vacancies and Promotions
Upon successful completion of their trial period, Fire Inspectors (Certified or Civilian) who have
completed at least three (3) years of continuous expeFienee employment as a Fire Inspector (Certified or
Civilian) with the Indian River County Fire Rescue Fire Prevention Bureau will be eligible pr-ameted to
test for Lieutenant Fire Inspector (Certified or Civilian) if an opening for the position exists.
applieabie-testitg: The Fire Marshal, with the approval of the Fire Chie£ has the right to determine if a
position exists, the testing type and criteria, and lower the eligibility requirements in the event no
applicants meet the minimum listed.
By entering this agreement, neither party shall be in VX1,WW of The par -ties' Collective Bargaining
Agreement, regulations, or practices.
266
W
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Emergency Services District Board of Commissioners
THROUGH: John A. Titkanich Jr., County Administrator
THROUGH: David Johnson, Director of Emergency Services
David Rattray, Fire Chief
PREPARED BY: David Rattray, Fire Chief
DATE: August 10, 2023
SUBJECT: Memorandum of Agreement CBA 2022-2025 Article 33.07
Rescue Sergeant Special Operations Incentive Pay
It is respectfully requested that the information contained herein be given formal consideration by
the District Board of Commissioners at the next scheduled meeting, on August 29, 2023.
DESCRIPTIONS AND CONDITIONS
On December 20th 2022 Indian River County Emergency Services District and the International
Association of Firefighters, Local 2201 met and amended Article 33.07 of the 2022-2025 CBA.
The amendment clarified language for the Special Operation incentive to be eligible for qualifying
Rescue Sergeants.
Currently there are 120 Special Operations positions on the department, qualifying Rescue
Sergeants would be eligible under the MOA for 16 of those positions.
RECOMMENDATION:
Staff recommends that the Board authorize approval of amended Article 33.07.
ATTACHMENTS:
Memorandum of Agreement (proposed changes highlighted in yellow)
267
MEMORANDUM OF AGREEN ENT
This Memorandum of Agreement ('Agreemome) is entered between Indian Rim County/ an
River County Fanergency Services District and -the 1aternatioxis.1 Aeon of fte
Local 2201 as Wows
4n December 206, 2022, Indian River County Emetpnc'y ServicesAdtsinialrationspoke
with
the international Association of Fuefighters, 1mW2201, in reftence to amending CBA 2022.
2025/Article 33.07 Incentive Pay
T'he amendment bonds to clarify language for Special Operations ittcenlive for the position of
Rescue Sergeant
Dote: Amended CBA 2022-25/Arti* 33,07 (Proposed changes in yellow)
Article 33-IncentiEve Pay -
.33.07 Forty (40) Special Operudons (Technician L "d) per shift consisting of 13 Te"cal
Rome with a breakdown ef 3 Uenteamt, 3 FAqoww and 7 R gf,&rg l Medics,
3 ARFF personnel per shin UDR Engineer or x,12 Hai Mat per 2 Uentemutt,
2 Engineer and 8 Rescue Sergeant/Fire Medics ,12 RoKw Diver per a shift$ 2 Lieutenants,
2 Engineers and 8 Rescue SergeantlFire Medics far a total of 120 slots, shall r eceiv**rty
dollars ($40.00) biweekly, so long as they maintain their a tWeations or are removed in
accordance with Section 33.04 above. Up to Mteen (15) individuals who, as of Ottolm 1,
2422, currently receive incentive pay, and who an not selected to till a special e►p mtkm
slot, will continue to receive the dtirly-live emirs ($35.00) biweekly legacy i wentive pay as
long as they meet the minimum nalifleatiots of the special operations slot f nr which the
incentive is paid. Such legacy f unowtive pay nay cesse if the employee dow jW maintain
minimum standards atablished by the Training S eau and maintain appropriate
credentialin. Aa ea$oyee shnD.only be e6#116 for one incentive pursuant to this Section
33:.07.
By entering this agreement, neither party shaH be in violation of the parties' Collective
Bargaining Agreement, regulations, or pry.
Indian Riv r qua Emergency Ser7?
gi
~--=
Dav di 40408, Director Cbrwea.srmw
Indian River County Emergency Services 1AFF Local 2281. Pint
Dsste,,="�-
269
�X
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
PREPARED BY: Andrew Sobczak
Interim Community Development Director
DATE: August 15, 2023
SUBJECT: Renewal of a cost -share agreement with the St. Johns River Water
Management District for abandoned artesian well plugging
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting on August 29, 2023.
DESCRIPTION AND CONDITIONS
From 1990 through 2009, Indian River County participated in a cost -share program with the St.
Johns River Water Management District (SJRWMD) to plug abandoned artesian wells countywide,
including wells on private property (subject to authorization from the private landowner). As a result
of the program, an estimated 395 wells were plugged or repaired in Indian River County, saving
millions of gallons per day of groundwater. The program was discontinued from fiscal years 2009/10
through 2014/15, due to a lack of funding as a result of the economic downturn. In June 2015, the
Board approved an agreement with SJRWMD that reactivated the program, at the previous funding
level of (up to) $20,000 per agency per year.
The well plugging program is important because not only do abandoned flow -wells unnecessarily
consume groundwater, they also pollute the surficial aquifer (primary source for private potable
wells) with chloride.
ANAI YSIC
Since 2015, the cost -share agreement with SJRWMD has been renewed every three years. Since the
last agreement was approved in 2020, a new agreement is necessary to continue the program.
While the agreement approved in 2020 remains valid until September 30, 2023, the new agreement
extends the program until September 30, 2026. As with previous cost -share agreements, each
agency (the County and SJRWMD) will allocate $20,000 toward the program each year contingent
upon annual budget allocations.
269
FUNDING
For FY 2023/24, funding for the well -plugging program has been allocated in MSTU/ Planning/Code
Enforcement Budget Account # 00420724-033190, under "Professional Services."
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the cost -share agreement with
SJRWMD to plug abandoned flow wells, and authorize the Board Chairman to execute the
agreement.
Attachments:
SJRWMD cost -share agreement
2
270
Contract 39088
COST SHARING AGREEMENT
BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR CONTROLLING ABANDONED ARTESIAN WELLS
This Cost -Sharing Agreement is entered into between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka,
Florida 32177, and INDIAN RIVER COUNTY ("County"), whose address is 1801 27th Street, Vero Beach,
Florida 32960.
WHEREAS, the District is a special taxing district created by the Florida Legislature and given those
powers and responsibilities enumerated in chapter 373, Fla. Stat., whose geographical boundaries encompass
Indian River County; and
WHEREAS, pursuant to §373.207(1), Fla. Stat., the Florida legislature has directed the water
management districts of the state to locate all known abandoned artesian wells, and to ensure that each well
is properly controlled; and
WHEREAS, the District has established a cooperative program, known as the Abandoned Artesian Well
Plugging Cost Share Program (the "Program"), for the purpose of locating and plugging abandoned artesian
wells, and
WHEREAS, the County is a public body and is empowered to enter into an agreement with the District
for the purposes of conserving and protecting water resources in Indian River County, Florida; and
WHEREAS, the District has determined that its needs will be best served by entering into a cooperative,
cost-sharing agreement with the County for the purposes stated herein.
The District agrees to furnish and deliver all materials and perform all labor required for controlling
abandoned artesian wells (the "Work"). The District shall complete the Work in conformity with this
Agreement, which includes the Statement of Work (Attachment A). If any provision in the body of this
Agreement conflicts with any attachment hereto, the body of this Agreement shall prevail. The parties
hereby agree to the following terms and conditions.
1. TERM. The term of this Agreement shall be from the Effective Date to the Completion Date. Time is of
the essence for each and every aspect of this Agreement. Where additional time is allowed to complete
the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their
nature extend beyond the Completion Date shall survive termination or expiration of this Agreement.
(a) Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to
this Agreement has dated and executed the same.
(b) Completion Date. The Completion Date of this Agreement shall be no later than September 30,
2026 unless extended by mutual written agreement of the parties. All Work under this
Agreement shall be completed for use no later than the Completion Date.
2. DELIVERABLES. The Work is specified in the Statement of Work, Attachment A. The District shall
deliver all products and deliverables as stated therein. The District is responsible for the professional
quality, technical accuracy, and timely completion of the Work.
271
Contract 39088
3. FUNDING OF AGREEMENT. The District and County agree to pay 50 % of the costs of controlling
abandoned artesian wells in the Indian River County, up to $60,000.00 each over the entire term of this
Agreement, equally divided between the following fiscal year periods:
Fiscal Year: October 1, 2023. — September 30,1024 Amount: ........ ..$ $20,000.00
Fiscal Year: October 1, 2024 — September 30, 2025 Amount;. ........ $ $20,000.00
Fiscal Year: October 1, 2025 — September 30, 2026 Amount: .......... $ $20,000.00
Funding for each applicable fiscal year of this Agreement is subject to District Governing Board
budgetary appropriation.
4. FUNDING CONTINGENCY
(a) This Agreement is contingent upon funding availability, which may include a single source or
multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the
District's Governing Board; (2) annual appropriations by the Florida Legislature, or
(3.) appropriations from other agencies or funding sources. Agreements that extend for a period of
more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and
judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be
fimded, in whole or in part,, in the current Fiscal Year or succeeding Fiscal Years, the District shall so
notify Agency and this Agreement shall be deemed terminated for convenience five days after
receipt of such notice, or within such additional time .as the District may allow. For the purpose of
this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on
September 30.
(b) The District and the County each intend to fulfill their obligations as stated in this Agreement, but
they cannot make commitments in excess of appropriated funds authorized by law and made
administratively available. If either party cannot fulfill its obligations due to funding, this Agreement
may be terminated at the election of either party.
5. PAYMENT OF INVOICES The District shall invoice the County quarterly (on December 31, March
31, June 30, and September 30 of each year) for payment of 50 % of the amount expended for the
controlling of abandoned wells during that quarter.
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing
contained herein shall be construed or interpreted as denying to any party any remedy or defense
available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of
Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and
maintain throughout the term of this agreement such liability, workers' compensation, and automobile
insurance as required by their current rules and regulations.
7. PROJECT MANAGEMENT
(a) The project managers listed below shall be responsible for overall coordination, and management of
the Work. Either party may change its Project Manager upon three business days' prior written
notice to the other party. Written notice of change of address shall be provided within five business
days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent
by one of following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight
courier, or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight.courier are deemed delivered one business day after having been deposited with the
courier. Notices via e-mail are deemed delivered on the date transmitted and received.
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Contract 39088
DISTRICT Coli
Gary Foster, Project Manager Andrew Sobczak, Project Manager
St. Johns River Water Management District Indian River County
4049 Reid Street 180127TH STREET
Palatka, Florida 32177-2571 VERO BEACH, FL 32960
Phone: 386-329-4421 Phone: (772) 226-1258
Email: Gfoster@sjrwmd.com Email: asobczak@ircgov.com
(b) The District's Project Manager shall have sole and complete responsibility for transmitting
instructions, receiving information, and communicating District policies and decisions regarding all
matters pertinent to performance of the Work.
S. AMENDMENTS. The parties may not amend this Agreement except:in writing. Modifications that
alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shalt be
implemented through a formal amendment. The District's Project Manager may also issue a District
Supplemental Instruction (DSI) form (Attachment C) to authorize minor adjustments to the Work that
are consistent with the purpose of the Work. Both parties must sign the DSI; A DSI may not be used to
change the Total Compensation, quantity, quality or the Completion Date of the Work, or to change or
modify the Agreement.
9. TERMINATION
(a) Termination for Default. If either party materially fails to fulfill its obligations under this
Agreement, the terminating party shall provide the non -terminating party written notice of the
deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non -
terminating party shall have 30 days to cure the breach. If the non -terminating party fails to cure the
breach within the 30 -day period, the terminating party may issue a Termination for Default Notice
and this Agreement shall be terminated upon receipt or said notice.
(b) Termination for Convenience. Either party may terminate this Agreement at any time for
convenience upon 45 days' prior written notice to the non -terminating party. Upon District receipt of
notice of termination, it shall place no further orders for materials, equipment, services, or facilities,
for which reimbursement would otherwise be sought. The District shall also make every reasonable
effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Work
for which Contract 39088 compensation would otherwise be sought. In the event of such termination,
the District shall be compensated for all work performed pursuant to this Agreement prior to the
effective date of termination.
10. ASSIGNMENT AND SUBCONTRACTS. The District shall not sublet, assign, or transfer any Work
involving more than twenty percent (209'0) of the total cost of the Work without County's prior written
consent. Neither County approval of a subcontractor nor any other provision of this Agreement creates a
contractual relationship between any subcontractor and County. The .District is responsible for fulfilling
all work elements in any subcontracts and payment of all, monies due.
11. AUDIT; ACCESS TO RECORDS. the District and County must preserve its books and other records
involving transactions related to this Agreement and provide each other, or its duly authorized
representatives, access and necessary facilities to inspect and audit those records ibr five years after the
receipt of funds. If an examination or audit is performed, the parties must continue to maintain all
required records until such audit has been completed and all questions arising from it are resolved. The
parties shall refund any payment(s) that are found to not constitute allowable costs based upon an audit
examination.
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Contract 39088
12. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., the parties shall not discriminate against any
employee or applicant for employment because of race; color, religion, sex, or national origin, age,
handicap, or marital status.
13. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT.
County and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla.
Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.
i
14. GOVERNING LAW, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL This
Agreement shall be construed according to the laws of Florida and shall not be construed more strictly
against one party than against the other because it may have been drafted by one of the parties. In the
event of any legal proceedings arising from or related to this Agreement: (.1) each party shall bow its own
attorney's fees, including appeals; and (2) for civil proceedings, the parties hereby consent to trial by the
court and waive the right to jury trail.
15. VENUE. In the event of any legal proceedings arising from or related to this Agreement, venue for such
proceedings shall be in Orange County, Florida.
16. NON -LOBBYING. Pursuant to §216347, Fla. Stat., as amended, the County hereby agrees that monies
received from the District pursuant to this Agreement will not be used for the purpose of lobbying the
Legislature or any other state agency.
'17. PUBLIC RECORDS. Records of County that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If County
receives a public records request, County shall promptly notify the District's Project Manager. Each
party reserves the right to cancel this Agreement for refusal by the other, party to allow public access to
all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter
119, Fla. Stat., as amended.
i
Cmb*d 39M
IN WITNESS WHEREOF, the parties have signed on the day and year written below each of their names.
This Agreement may be executed in separate counterparts, which shall not affect its validity. This Agreement
constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements,
or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any
means other than written amendments referencing this Agreement and signed by all parties.
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
&� r
By� �8y:
,4 is . I A. Register, P.E., Executive Directory Title:
EX2CLd;llG Zi�reC7ar
Date: 2 , 20 Date:
Attest:
Typed Name
Documents attached:
Attachment A — Statement of Work
Attachment B — Well Investigation Form
Attachment C — District Supplemental Instructions
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275
Contract 39088
ATTCHMl NT A — STATEMFNT OF WORK
The .purpose of this Agreement is for controlling abandoned artesian wells in Indian River County, Florida,
utilizing the services of a Florida -licensed water well contractor. The District and the County each agree to
perform the work as specified. Should any change in this work be necessary, the District and the County
shall execute an amendment to the Agreement, specifying the change in work, and if applicable, establishing
any changes to the funding_amount.
18. Responsibilities of the County:
(a) The County shall obligate funding for 50°16 of the costs of controlling abandoned artesian wells in
Indian River County up to the amount of $20,000 for each fiscal year.
(b) The County shall submit to the District written assurance of availability of funds for each fiscal year
on or before September 30.
(c) The County shall pay the District up to $20,000 each fiscal year for the services of a water well
contractor and the materials necessary for controlling abandoned artesian wells in Indian River
County, Florida
(d) In the event well abandonment opportunities become available, the cost of which exceeds the
funding amount for the current fiscal year, the County agrees to seek additional funds for funding
50% of these costs.
(e) The County shall be responsible for locating wells that are to be controlled, and shall complete a
Well Investigation Form (Attachment B) for each well and submit the form to the District.
(f) The County shall be responsible for obtaining written consent of well owners, authorizing their wells
to be plugged by the District.
(g) The County shall provide local contact with the public regarding the identification of new wells for
the District's inventory.
(h) The County shall provide local coordination of the Program.
19. Responsibilities of the District:
(a) The District shall administer the :provisions of this Agreement.
(b) The District shall obligate funding for 50% of the costs of controlling abandoned artesian wells up to :
the amount of $20,000 for each fiscal year.
(c) The District shall submit to the County written assurance of availability of funds for each fiscal year
on or before September 30.
(d) In the event well abandonment opportunities become available, the cost of which exceeds the
funding amount for the current fiscal year, the District agrees to seek additional funds for funding
50% of tlrese costs.
(e) The District shall maintain the services of a qualified water well contractor for the duration of this
Agreement.
(f) The District shall provide professional and technical support necessary to address all aspects of the
work carried out by the water well contractor..
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276
GENERAL PURPOSE WELL INVESTIGATION FORM
Well Status: (Check All That Apply)
Accessible By
Well Head:
Condition:
Action:
❑ Foot
ElVisible
❑ Capped
❑Left as Found
❑ Vehicle
❑ Buried
❑ Valved
❑ Temp Plug
❑ Boat only
❑ Discharge visible only
❑ Leaking
❑ Temp Repair
❑ Not accessible
❑ Under power lines
❑ Flawing
❑ Flagged or staked
1
❑ Unable to locate
❑ Other
Flow upon arrival
7
gpm {
a
Flow wide open
gpm
Flow as left
gpm i
Comments:
i
Attach photos
i
Version 1
16.:
277
(from major intersection A to include mileage, may attach printed map)
DATE:
TO:
FROM: Gary Foster, Project
Manager CONTRACT NUMBER: 39088
CONTRACT TITLE: Revenue -Cost Share Agreement for Controlling Abandoned Artesian Wells
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Tune. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor adjustments to the
work as consistent with the Co ents and return to the Di ct's Project Manager.
1. CONTRACTOR'S A
2. DESCRIPTION OF TO BE CHAN.
• DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approvals (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
Glary Foster, District Project Manager
Acknowledged: Date:
Tins Spudo&, District Procurement 5pwW
I : Contract file
Financial Services
-9-
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator;
PREPARED BY: Mark Vietze, MPO GIS Planner
DATE: August 16, 2023
SUBJECT: Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for Intercounty Bus Service
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of August 29, 2023.
DESCRIPTION & CONDITIONS
For the past several years, the county has applied for and received transit operating assistance
under the Florida Department of Transportation (FDOT) Corridor Grant program. These grant
funds have been passed through to the Senior Resource Association (SRA), Indian River County's
transit service provider.
FDOT Corridor Grant funds may be used for improving transit operations, such as realigning
routes or increasing coverage areas. Since 2009, the County has used FDOT Corridor Grant
funding for intercounty service to the Indian River State College (IRSC) Main Campus in Fort
Pierce. Since 2014, this service has been provided through GoLine Route 15, which connects with
three other GoLine routes (Routes 4, 6, and 7) at the Intergenerational Center. With a simple
transfer, riders coming from the IRSC Mueller Campus, the Main Transit Hub, the Indian River
Mall, Vero Beach Highlands, and other locations may travel to the IRSC Main Campus in St.
Lucie County. The current grant from FDOT expires on September 30, 2023.
Recently, FDOT awarded the County a new grant to continue providing hourly service via GoLine
Route 15 to the IRSC Main Campus. The grant covers a three-year period that lasts until September
30, 2026. Through this grant, intercounty transit service to St. Lucie County is 100% funded by
FDOT with no local contribution needed.
At this time, FDOT is allocating $150,000 for the first year. Funding for the second and third years
will be provided later through supplemental agreements. In order to receive the first year funds,
the County must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy
of which is attached to this staff report (Attachment #1).
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280
ANALYSIS
The attached resolution (Attachment #2) authorizes the Chairman to execute the PTGA for
Corridor Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution
of the PTGA, MPO staff will transmit the PTGA to FDOT.
As with the FTA Section 5307 grant program, only public agencies may be designated recipients
of state Corridor Grant funds. With respect to the Corridor Grant program, the county receives the
grant funds and transfers those funds to the county's Community Transportation Coordinator and
transit service provider, the Senior Resource Association (SRA). The SRA, in turn, provides the
service as directed by the county and as identified in the PTGA. In this case, the funds are to be
used to provide intercounty service to the IRSC Main Campus in St. Lucie County.
FUNDING
No funding is required for this item, as the intercounty transit service is fully grant funded and no
local match is required.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Grant Agreement and adopt the proposed resolution authorizing the Chairman to
sign the agreement.
ATTACHMENTS
1. FDOT Public Transportation Grant Agreement
2. Authorizing Resolution
3. Grant Budget Form
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281
Financial Project Number(s):
(item -segment -phase -sequence)
435846-1-84-01
Contract Number:
CFDA Number:
CFDA Title:
CSFA Number:
CSFA Title:
N/A
N/A
55.013
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Fund(s):
Work Activity Code/Function: 215
Federal Number/Federal Award
Identification Number (FAIN) — Transit only: _
Federal Award Date:
Agency SAM/UEI Number:
Transit Corridor
Foran 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
DDR FLAIR Category:
Object Code:
Org. Code:
Vendor Number:
088774
751000
55042010429
VF5960000674029
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
, by and between the State of Florida, Department of Transportation,
("Department"), and the Indian River County BOCC, ("Agency"). The Department and the Agency are
sometimes referred to in this Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in providing annual operating funds for an inter -county bus route, the SE Regional Corridor Route, with
service to Indian River State College, as further described in Exhibit "A", Project Description and
Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
_ Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_ *Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
_ *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Audit Requirements for Awards of State Financial Assistance
282
Page 1 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 4/25/2023
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
*Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through September 30, 2026. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of _,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above -required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty (30) days prior to the termination of the Agreement, with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
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Page 2 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 412512023
9. Project Cost:
a. The estimated total cost of the Project is $150,000. This amount is based upon Exhibit "B",
Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$150,000 and, the Department's participation in the Project shall not exceed 100.00% of the
total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit "B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
Travel Expenses. The selected provision below is controlling regarding travel expenses:
Travel expenses are NOT eligible for reimbursement under this Agreement.
X Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
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Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall, within thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
L Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
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may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120 -day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
In. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be' promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
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not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right -of -
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. —Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
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g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
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13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department -funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department -funded property.
The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
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through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program -specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit(a?dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements. However, the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit(a.dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
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management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAud it@dot.state.fl. us
State Funded:
In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or State of Florida Auditor General.
b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project -
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
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Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for
Awards of State Financial Assistance, to this Agreement indicates state financial
assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct
or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit(cDdot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(adot.state.fl. us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt(cD_aud.state.fl.us
V. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
A. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
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10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non -responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
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d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E -Verify. The Agency shall:
L Utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which
the Department must form a sole -source, public-private agreement; or through contract or
other agreement with the State, annually receives 50% or more of its budget from the State or
from a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall include
salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real -property gifts, and any other payout. The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved
by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
i. Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
in Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
294
Page 13 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 4/2512023
subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify,
defend, and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement. This indemnification shall
survive the termination of this Agreement. Additionally, the Agency agrees to include the
following indemnification in all contracts with contractors/subcontractors and
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement."
The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
295
Page 14 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 412512023
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non -Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
296
Page 15 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 4/2512023
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. Afacsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY the Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By:
Name:
Title:
By:
Name: John P. Krane. P.E.
Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
297
Page 16 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): providing annual operating funds for an inter -county bus route, the SE
Regional Corridor Route, with service to Indian River State College.
B. Project Location (limits, city, county, map): Indian River and St. Lucie Counties, FL
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size):
The SE Regional Corridor, Route 15, is an intercounty route that provides express service from the Oslo Road area to
the Indian River State College (IRSC) Main Campus in Fort Pierce, a 37- mile round trip. In comparison, all other
GoLine routes are considered local routes. Route 15 has no stops between Oslo Road and IRSC, located on Virginia
Avenue in Fort Pierce.
The project is designed to relieve congestion and improve capacity within an identified corridor, by increasing people
carrying capacity through the use and facilitated movement of high occupancy conveyances.
D. Deliverable(s): Transit Service
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting -cards, lobbying, personal
cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens,
congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items.
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
298
Page 17 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT
GRANT AGREEMENT EXHIBITS OGca25/2023
EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial
Fund
FLAIR
State
Object
CSFA/
CSFA/CFDA Title or
Funding
Project
Type
Category
Fiscal
Code
CFDA
Funding Source Description
Amount
Number
$0
$0
Year
Travel
Number
$0
$0
435846-1-84-01
DDR
088774
2024
751000
55.013
Transit Corridor Development Program
$150,000.00
$0
$0
Total Financial Assistance
$150,000.00
B. Operations Phase - Estimate of Project Costs by Budget Category:
Budget Categories
Operations (Transit Only)
State
Local
Federal
Total
Salaries
$0
$0
$0
$0
Fringe Benefits
$0
$0
$0
$0
Contractual Services
$150,000
$0
$0
$150,000
Travel
$0
$0
$0
$0
Other Direct Costs
$0
$0
$0
$0
Indirect Costs
$0
$0
$0
$0
Totals
$150,000
$0
$0
$150,000
* Budget category amounts are estimates and can be shifted between items without
amendment (because they are all within the Operations Phase).
C. Cost Reimbursement
The Agency will submit invoices for cost reimbursement on a:
Monthly
X Quarterly
_ Other:
basis upon the approval of the deliverables including the expenditure detail provided by the Agency.
cope o e an or 1
Line Item (ALI) (Transit Only) 00901:300-00
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Jayne Pietrowski
Department Grant Manager Name
Signature
Date
299
Page 18 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 4/25/2023
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
300
Page 19 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT
(Transit Corridor Program)
1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, F.S.
2. Bus Transit System - In accordance with Section 341.061, F.S., and Rule Chapter 14-90, Florida Administrative
Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency
has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C.,
and has performed annual safety inspections of all buses operated.
3. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory
Management Procedure (725-030-025), which outlines the requirements for continuing management control, inventory
transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA
Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the
Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles
purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service
Development Program, or other applicable Department programs.
4. Progress Reports. The Agency will submit Semi -Annual Progress Reports on monthly ridership data. Reports are
due no later than January 30th for the period ending December 31 sl and July 30th for the period ending June 30tH
5. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side
comparison of the project goals and actual service data.
6. Submittal of Proposed Timeline. The Agency will submit a Proposed Timeline for Transit Corridor Activities prior to
the commencement of the project.
7. Annual Report. The Agency will provide an annual report including the following information: an evaluation of the
attainment of the goals and objectives, the reasons any of the goals were not met, and the benefit accrued by the
Agency/Community. Should a project not meet its goals and objectives, the District shall determine if it is necessary to
terminate the project. This report will accompany the Final Invoice for reimbursement.
-- End of Exhibit E —
301
Page 20 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 4/25/2023
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address https://www.mVfloridacfo.com/Division/AA/ManuaIs/documents/ReferenceGuideforStateExpenditures.pdf.
302
.- Page 21 of 22
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 4125/2023
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:—
Awarding Agency:
Florida Department of Transportation
State Project Title:
Transit Corridor Development Program
CSFA Number:
55.013
*Award Amount:
$150,000
*The award amount may change with amendments
Specific project information for CSFA Number 55.013 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.013 are
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
provided at:
303
Page 22 of 22
RESOLUTION NO. 2023 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, Indian River County has applied for and been allocated state mass transit
operating assistance under FDOT Procedure number 725-030-025, also known as the Transit
Corridor Grant Program; and
WHEREAS, Indian River County, as the designated recipient of federal and state public
transportation funding, must be the recipient of those funds on behalf of the Senior Resource
Association, Inc.; and
WHEREAS, Indian River County is eligible to receive grant funding under Section 341.000,
Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Transit Corridor Grant
funds to Indian River County to provide intercounty transit service to the Indian River State College
Main Campus in Fort Pierce.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a Public Transportation Grant Agreement with the Florida Department of
Transportation to obtain $150,000 in FY 2023/24 state Transit Corridor Grant funds for
operating assistance as part of the County's ongoing public transportation service.
2. That the Indian River County Community Development Director or his designee is
authorized to furnish such additional information as the Florida Department of
Transportation may require in connection with the County's Transit Corridor Grant.
THIS RESOLUTION was moved for adoption by , andthe
motion was seconded by
the vote was as follows:
Chairman
Vice -Chairman
Commissioner
Commissioner
Commissioner
Joseph Earman
Susan Adams
Joseph E. Flescher
Deryl Loar
Laura Moss
and, upon being put to a vote,
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304
RESOLUTION NO. 2023 -
The Chairman thereupon declared the resolution duly passed and adopted this 29th day of
August, 2023.
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph Earman, Chairman
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
State of Florida,
County of Indian River
The foregoing instrument was acknowledged before by means of ❑ physical presence
or ❑ online notarization, this day of August, 2023 by Joseph Earman as Chairman of the Indian
River County Board of County Commissioners who is ❑ personally known or ❑ produced
identification
Type of ID Produced
Printed name of Notary
Signature of Notary
Notary Seal
APPROVED AS TO FORMAND LEGAL SUFFICIENCY
FEW
William K. DeBraal,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
Andrew Sobzcak, Interim
Community Development Director
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305
GRANT NAME: Transit Corridor Grant GRANT #: NA
AMOUNT OF GRANT: $150,000
DEPARTMENT RECEIVING GRANT: Communi Development (pass through to Senior Resource Association)
CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990
1. How long is the grant for? Three Years Starting Date: October 1, 2023
Description Position Position Position Position Position
2. Does the grant require you to fund this function after the grant is over? Yes X
No
3. Does the grant require a match? Yes X
No
If yes, does the grant allow the match to be In Kind Services? Yes
No
4. Percentage of grant to match: %
Retirement Contributions
5. Grant match amount required: $ NA
Life and Health Insurance
6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?
Worker's Compensation
NA
Soc. Sec. Medicare Matching
7. Does the grant cover capital costs or start-up costs? Yes X
No
If no, how much do you think will be needed in capital costs or start-up costs?
$
(Attach a detailed listing of costs.)
$
8. Are you adding any additional positions utilizing the grant funds? Yes X
No
If yes, please list. (If additional space is needed, please attach a schedule.)
Acct.
Description Position Position Position Position Position
011.12
Regular Salaries
011.13
Other Salaries & Wages (PT)
012.11
Social Security
012.12
Retirement Contributions
012.13
Life and Health Insurance
012.14
Worker's Compensation
012.17
Soc. Sec. Medicare Matching
Fourth Year $
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years? $00
Grant Amount
Other Matching Costs
Match
Total
First Year $150,000
$
$
$150,000
Second Year $
$
$
$
Third Year $
$
$
$
Fourth Year $
$
$
$
Fifth Year $
$
$
$
306
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
'`"'! Deputy County Administrator11
/
4? utttt? Department of General Services
Library Services Division
Date: August 16, 2023
To: The Honorable Board of County Commissioners
Through: John Titkanich, County Administrator
Michael C. Zito, Deputy County Administrator
From: Elizabeth L. Stenger, Director of Library Services
Subject: Indian River County Library State Aid to Libraries Grant
ouu meeting auuiLuL i
M
In order to comply with the State Division of Library Information Services State Aid Grant Application,
the Indian River County Library System must have the Grant Agreement, Certification of Hours, and
Annual Plan approved by the Governing Board and the Grant Agreement and Certification of Hours
signed by the Chair.
DESCRIPTIONS AND CONDITIONS:
The State Aid to Libraries Grant awarded to Indian River County Libraries was $72,942 for Fiscal Year
2022-23. The Grant requires Indian River County Library System to provide free library service,
including loaning materials available for circulation free of charge and providing reference and
information services free of charge. The Libraries must provide access to materials and information and
services for all residents of the area served; and, to have at least one library, branch library, or member
library open 40 hours or more each week.
Additionally, the Indian River County Library System must have a Commission Approved Annual Plan
of Service on file. The Annual Plan of Service is an outline of the Indian River County Library
System's focus of activities during the year. The plan supports the goals, objectives, and action plan for
the Library System's Long -Range Plan, and is supported by the Library System's budget.
FUNDING:
No funding is required.
RECOMMENDATION:
Staff respectfully recommends that the Board of County Commissioners approve the Indian River
County Library System State Aid Grant Agreement, Certification of Hours, and Annual Plan and
authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for
FY 2023-24 to the Library Services Director to be forwarded to the appropriate State Library staff.
ATTACHMENTS:
State Aid to Libraries Grant Agreement
Certification of Hours, Free Library Service and Access to Materials
Annual Plan of Service FY 2023-2024
AGENDA ITEM FOR AUGUST 29.2023
307
24 -ST -21
Indian River County Library
STATE AID TO LIBRARIES GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Indian River County for and on behalf of Indian River County Library
This Agreement is by and between the State of Fbrida, Deparinient of State, Division of Library and Infomation Services, hereina$er referred to
as the `Division," and the Indian River Countyfar and on bebalf of Indian River County Lbrary, bereina$er referred to as the "Grantee. "
The Grantee has submitted an application and has met all ebgibTdy requirements and has been awarded a State Aid to Libraries Granit (CSFA
45.030) by the Division in the amount specified on the `Fiscal Year 2023-24 State Aid to Libraries Final Gmanrts" docunnent (which is
incorporated as part of this Agreement and entitled Attacbment B). The Division has the
Grant Pwpse. 4bis gmA shd be used emekBively for the '!SWe Aid to L&atim Gmi*" the ptiblie pmpese fiw Aieh these fivAs were
a) The Graitee sha# perfimnthe felawiag Seope of Work,.
..Ire ... ._.... .... ...I .. _.... _.... ... _._.. •.. _.. _..
residents of its
legal service area for the period October 1, 2021 through June 30, 2024. The Gnaritee shall•
o Have a single adnninistrative head employed full time by the Vxwy's govEmerg body,
o Provide free library service, including loaning materials available for circulation fim of charge and providing reference and
mfomation services fiw of charge;
o Provide access to materials, infornration and services for all residents of the area served; and
o Have at least one lbnary, branch library or member library open 40 hours or more each week (excluding holidays or
emergencies; between Sunday through Saturday, on a schedule detemmed by the library system) during the length of the
agreenicit
b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded
Payment 1, Deliverable/Task:
Payment will be a fixed price in the amount of 1001/o of the grant award for the period October 1, 2021 through Jame 30, 2024.
The Grantee will
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308
o Have expended fimds to provide free library service during the period October 1, 2021 - September 30, 2022;
o Provide an ]Expenditure Report and certification of local Operating Experdiames for the period October 1, 2021 -
September 30, 2022 only,
o Provide documentation showing that at least one library, branch library or member library is open 40 bours or more each
week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule determined by the library
system) during the length of the agreement;
o Provide the Certification of Credentials fpr the Single Administrative Head; and
o Provide a Certification of Hours, Free Library Service and Access to Materials.
c) Grant fimds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel
Services (salaries, wages, and related employee benefits provided fpr all persons employed by the reporting entity whether on fi&
time, Part -tone, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which prirranly benefit
the ciurent period and are not defined as personal services or capital outlays); Non -Fixed Capital Outlay (outlays for the
acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget).
2. Length of Agreement. This Agreement covers the period ofOctober 1, 2021 to June 30, 2024, unless terminated in accordance with
the provisions of Section 28 of this Agreement. This period begs with the start of the Grantee's second preceding fiscal year (October 1,
202 1) and concludes with the end of the State of Florida's current fiscal year (June 30, 2024).
3. Expenditm of Grant Frmris. Grant fimds will be used to reimburse a portion of" fiords expended by the Grantee during their
second preceding fiscal year (October 1, 2021— September 30, 2022) for the operation and maintenance of a library and sbal not
exceed the anmunt specified in Attachnned B.
4. Contract Admninistration. The parties are legally bound by the requirements of this aglwment. Each party's contract manager, named
below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any
notice(s) or other communications regarding this agreement shall be directed to or delivered to the other party contract manager by
utilizing the iofDr ation below. Any change in the contact minmiation below should be submitted in writing to the contract manager within
10 days ofthe change.
For the Division of library and Information Services:
Tom Pena, Grant Programs Supervisor
Florida Department of State
RA GnayBunldamg
Mad Station # 9D
500 South Bronough Street
Tallahassee, FL 32399-0250
Phone: 850.245.6620
Fmdtbomas.pena@dos.rrr)& ida.com
For the Grantee:
Elizabeth Stenger
Indian River County Library
1600 21st Street Vero Beach Florida 32960
State Aid to Libraries Crant Agreement (FormDUSJSA02)
Chapter ]B-2.01 l (2)(a), Florida Administrative Code, Effective 05-2023
309
Page: 2
Phone: 7724006304
Fhat estenger@,acgov.com
5. Grant Payments. The total grant award shah not exceed the amount specified on the `Fiscal Year 2023-24 State Aid to 1kram Final
Grtavts" docuunent (Attachment B), which shall be paid by the Division in consideration for the Grantee's nman mi performance as set
forth by the terms and codons of this Agreement. Payment will be a fixed price in the amount of 100% ofthe grant award as specified
in Attachment B. Payment will be made in accordance with the completion ofthe Deliverables.
6. Flectromc Payments. The Grantee can choose to use electronic fiords transfer (FED to receive grant payments. All grantees wishing to
receive thea award through EFT mast submit a Vendor Direct Deposit Authorization Fonn (form number DFS -AI -26F, rev 3/2022),
incorporated by reference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do
not need to submit another authorization firm unless you have cbanged bank accounts. To download this fmmn visit
nmyfloridmJb corn(docs-sfaccountinL-and-audkii--bbaaries/vendors/vendor-relations/dfs-al-26e-direct-de=posit-vendors, fM
sfvisn=e$728cf 16. The fmn also inchades tools and information that albw you to check on payments.
7. Florida Substitute Form WA. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of
Florida that may be subject to 1099 reporting The Department of Financial Services (DFS) mist have the correct Taxpayer Identscation
Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register
or access a Florida Substitute Form W-9 visit flvendor.myflondacfo.com A copy of the Grantee's Florida Substitute Form W 9
must be submitted by the Grantee to the Division before or mith the executed Agreement.
8. Financial Consequences. The Department shall apply the fallowing financial consequences for faahre to perform the nanunun level of
services requited by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes:
The Department shall require the return ofthe award in a prorated amount based upon the percentage of tune that the library failed to
perform the mm rimurn level of services. The prorated reduction wall be in the same percentage as the percentage oftmme that the library was
not providing mink mn level of services.
9. Credit Une(s) to AclmoWedge Grant F in ft. The Division requires public acknowledgement of State Aid to libraries Grant fimdng
for activities and publications supported by grant fiords. Any announcements, information, press releases, publications, brochures, videos,
webpages, programs, etc., created as part of a State Aid to Libraries Grant project must include an acknowledglnerrt ttat State Aid to
Libraries Grant finds were used to create them
Use the following text:
"Ibis project bas been fimded under the provisions of the State Aid to libraries Grant program, administered by the Florida Department
of State's Division oflabrary and hibrmration Services."
10. Grant Expenditures. The Grantee agrees to expend all grant fiords received under this agreement solely for the purposes for which they
were authorized and appropriated. Expendihres shall be in compliance with the state guidelines for allowable project costs as outlined in
the Departrrrnt of Financial Services' Reference Guide for State Expenditures (as of October 2022), incorporated by reference, which
are available online at nZ ridacfn.conYdocs-sfaccounrtin>gand-aud6L—bbraries/state-agencies/relorence-guide-for-state-
eWa&=.yCsfvrsn=b4cc3337 2.
P*p.- 3
State Aid to l braves Gant Apeenmant 07ormDIJS(SA02)
Chapter IB -2.011 (2xa) :Florida Adr►snistrattve Code; Fffcctive 05-2023
310
Grant fluids may not be used for the purchase or construction of a hbrary building or library quarters.
11. Travel Expenses. The Grantee mast pay any travel expenses, from grant or local matching finds, in accordance to the provisions of
Section 112.061, Florida Statutes.
12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall
refirA to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, fiords paid in
excess of the amount to which the recipient is entitled under the tears and conditions of the agreement mast be refunded to the state
agency. Further, the recipient may expend fiords only for allowable costs resulting from obligations incurred during the specified agreement
period. Expenditures of state financial assistance mist be in compliance with the laws, rales and regulations applicable to expenditures of
State fords as outlined in the Department of Financial Service's Reference Guide for State Expenditures (as of October 2022)
trnBoridacfo.con idocs-sfaccourrting- and- audAmg hbnanes/state-agencies/reference-guide- for- state- exlnen dihues.pdf
sfvrsn=b4cc3337_2, incorporated by reference.
13. Repayment. All refiands or repayments to be made to the Department under this agreement are to be made payable to the order of
'Department of State" and marled directly to the following address: Florida Department of State, Attention: 'Thomas Peha, Division of
Library and Information Services, 500 South Bronough Street, Mail Station #913, Tallahassee, FL 32399. Tn accordance with Section
215.34(2), Florida Statutes, if a check or other draft is returned to the Departrrnent for collection, Recipient shall pay to the Department
a service fee of $15.00 or five percent (51/o) of the face amount of the returned check or draft, whichever is greater.
14. Single Audit Act Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida
Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit
in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it mast submit a
Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months ofthe close of its fiscal year. Audits
mast be submitted on the DOS Grants System at dosgr M.com
15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including
electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the closeout of the grant and
release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be
retained for five fiscal years after the litigation, audit or claim has been resolved
16. Obligation to Provide State Access to Grant Record. The Grantee must make all grant records of expenditures, copies of reports,
books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable titres for the purpose of making audits, exarrmmations, excerpts and transcripts.
17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the
event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee mast immediately contact the
Division's Contract Manager for assistance if it receives a public records request related to this Agreement.
18. Noncompliance. Ary Grantee that is not following Florida Statutes or rules, the tears of the grant agreement, Florida Department of
State (DOS) policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other
administrative requirements for other Division of library and Information Services grants or grants from any other DOS Division will be in
noncompliame status and subject to the DOS Giants Compliance Procedure. DOS Divisions include the Division of Arts and Culture, the
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State Aid to Iabrmies Gant Agreement (FormDUSISA02)
Chapter IB-2.011(2)(a� Florida Administrative Code, Effective 05-2023
311
Division of Elections, the Division of Historical Resources and the Division of Library and Infomnation Services. Gaunt compliance issues
mist be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released.
19. Accounting Requirements. The Grantee must maintain an accounting system that provides a con>plete record of the use of all grant
finds as follows:
a) Tine accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and
experndrt u -e of state finds;
b) Accounting records must adequately identify the sources and application of finds for all grant activities and must classify and
identify grant fiords by using the same budget categories that were approved in the grant application If Grantee's accounting
system accumilates data in a different famiat than the one in the gant application, subsidiary records must document and
reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division;
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and
expenses described in the Scope of Work and detailed in the Estimated Project Budget,
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records mist have effective control over and accountabil0y for all finds, property and other assets; and
f) Accounting records must be supported by source documeritatlon and be in sufficient detail to allow for a proper pre -audit and
post -audit (such as invoices, bills and canceled checks).
20. Availability of State Fluids. The State of Florida's perfonmarnce and obligation to pay under this Agreement are contingent upon an
annual appropriation by the Florida Legislature. In the event that the state fiords upon which this Agreerrent is dependent are withdrawn,
this Agreement will be automatically terminated and the Division sball have no further liability to the Grantee beyond those amounts already
expended prior to the ternimtion date. Such termination will not affect the responsibility of the Grantee ruder this Agreement as to those
Kinds previously distributed. In the event of a state revenue shortbll, the total grant may be reduced accordingly.
21. Lobbying. The Grantee will not use any grant Kinds for lobbying the state legislature, the state judicial branch or any state agency.
22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in
performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or ennployees of the state.
The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges
connected with employment by the State of Florida.
23. Grantee's Subcontractors.The Grantee shall be responsible for all work perfomned and all expenses incurred in connection with this
Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commdities required by this Agreement.
The Division shall not be liable to any subcontractors) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the
Grantee shall be solely liable to its subcontractors) for all expenses and habilt'ties incurred under its subcontract(s). The Caantee mist take
the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or
pemndted to be agents, servants, joint venturers or partners of the Division
24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or
employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division
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Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 05-2023
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a) The Grantee shall be responsible for clams of any nature, including but not ]united to injury, death and property damage arising out
of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall
indemffy and hold the Division harmless from arty and all clams of any nature and shall investigate all such claims at its own
expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this
Section
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign im mmnity or increases the limits of its
liability by entering into this Agreement
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this
Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project The Grantee
may subcontract as necessary to perform the services set forth in this Agreement, mchrddnng entering into subcontracts with vendors
for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its
execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract
25. Strict CorThance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws
and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance.
26. No Discrimination The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for
ernploymnenrt because of mace, color, religion, @ender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement
27. Breach of Agreement. The Division will demand the return of grant fords already received, will withhold subsequent payments and/or
will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records
required by this Agreement; or otherwise violates this Agreement.
28. Ten ination of Agreement. The Division will terminate or end this Agreement ifthe Grantee fails to fulfill its obliggtiom herein. In such
event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the
date ofreceipt to cure its violation If the violation is not cured within the stated period, the Division will temmiate this Agreement. The
notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/ber specified address by a
method that provides proof of receipt In the event that the Division terminates this Agreement, the Grantee shall be compensated for any
work completed in accordance with this Agreement prior to the notification of tenYmmation if the Division deems this reasonable under the
circumstances. Grant finds previously advanced and not expended on work completed in accordance with this Agreement shall be
returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its
rights to additional damages if grant fronds are returned under this Section
29. Preservation of Remedies. No delay or ornission to exercise any rigt>t, power or remedy accreting to either party upon breach or
violation by either party under this Agreement shall impair any such right, power or remedy of either party, nor shall such delay or omission
be construed as a waiver of any such breach or default or any sinnlar breach or default.
30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this
PaW.6
State Aid to libraries Grant Agreement (Fom7DUS/SA02)
Chapter 1B•2.011(2xa), Florida Adn dnistrative Code, Fff rtive 05-2023
313
Agreement without the prior written consent ofthe Division, which sbal not unreasonably be withheld. The agreement transferee mist
demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee
shall remain liable for all work performed and all expenses incurred is connection with this Agreement. In the event the Legislahre
transfers the rights, duties and obligations ofthe Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or
otherwise, the rights, duties area obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was
the original party to this Agreerneit
31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shallprovide maximu nopen competition when
procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes.
a) Procurement of Goods arra Services Not Fxceedrig $35,000. The Grantee mist use the applicable procurement: method
described below:
1. Purchases Up to $2,500: Procurement ofgoods and services where individual purchases do not exceed $2,500 do not
require competition and may be conducted at the Grantee's discretion
2. Purchases or Contract Armu nts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000
require irr(nmial competition and may be procured by purchase order, acceptance of vendor proposals or other
appropriate procurement document.
b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either
Fonria1 hivitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of
vendor proposals or other appropriate procurement document.
32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant ofthe probrbition of confficts of interest described in Sections
112.311 through 112.326, Florida Statutes and affirms that it will not enter into or mairitain a business or other relationship with any
employee ofthe Department of State that would violate those provisions. The Cmantee firther agrees to seek authorization fiomthe
General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Fmpbyee
to avoid a potential violation ofthose statutes.
33. Bindng of Successors. This Agreement sball bind the successors, assigns and legal representatives ofthe Grantee and of any legal entity
that succeeds to the obligations ofthe Division of lbrary and harm tion Services.
34. Employment of Unauthorized Aliens. The employment of unaudhorimd aliens by the Gantee is considered a violation of Section 274A
(a) ofthe Immigration and Nationality Act (8 USC 1324(a) (as of Aprd 2019)), incorporated by reference. If the Grantee knowingly
employs unau thorved aliens, such violation sball be cause for unilateral cancellation ofthis Agreement.
35. Severability. If any termor provision ofthe Agreerent is found to be illegal and unenforceable, the remainder will remain in full force and
effect, and such term or provision shall be deemed stricken
36. Americans with Disabilities Act. All programs and faceMes related to this Agreement mist meet the standards of Sections 553.501-
553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (adaTeov (as of January 2020)), incorporated by referee e).
37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of
Florida. Verve or location for any legal action arising under this Agreement will be in Leon County, Fbrida.
Par. 7
State Aid to Libraries Giant Agreement (Form OUS/SA02)
Chapter 1&241 IQXa� Florida Adodnistrative Code, Effective 05-2023 .
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38. Entire Agreement. The entire Ag wrnent ofthe pasties consists ofthe folbw * documents:
a) This Agreement
b) Florida Single Audit Act Rm*ements (Attachment A)
c) Fiscal Year 2023-24 State Aid to Lbraries Final Grants (Attachment B)
The Grantee hereby certifies that they have read this entire Agreement and wM comply with all of its requirements.
Grantee:
Chair of Goveir ng Body or Chef Execdjw Officer
Typed name and title
Date
Department of State
LM
Amy L. Johnson, Director
Division of Library and Information Services
Department of State, State of Florida
Date
Clerk or Chief Financial Officer Witness
f r'Ti_-
State Aid to libraries Gant Agreement (Fom7DLISlSA02)
Chapter 18-2.011(2)(a), Florida.4dmanistrative Code, Effective 05-2023
I�M
315
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ATTACHMENT A
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
1 ' I NJ I' IWLVA I
The administration of resources awarded by the Department of State to the Cnantee may be subject to audits and/or mon tonng by the
Depar niLit of State as described in this Addendum to the Grant Award Agreement.
Monitoring,
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida
Statutes (F. S.), as revised (see Audits below), monitoring procedures may include, but not be hinted to, on-site visits by Department of State
staid knied scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply
and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Departmerit of State
deteirrines that a knied scope audit of the recipient is appropriate, the recipient agrees to comply with any additional inshuctions provided by the
Department of State staff to the recipient regarding such audit. The recipient fiuther agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Chef Financial Officer (CFO) or Auditor General
Audits
Part I: Federally Funded
Ibis part is applicable if the recipient is a state or local governmerit or a nonprofit oration as defined in 2 CFR §200.90, §200.64, and
§200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -specific audit conducted m
accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Fxnbit 1 to this agreemert lists the federal resources
awarded through the Department of State by this agreement.. In deterrrmirig the federal awards expended in its fiscal year, the recipient shall
consider all sources of federal awards, including federal resources received from the Department of State. The detemmation of amounts of
federal awards expended should be in, accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient
conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, wi1l meet the reglmernert ofthis is Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fiilfill the requirements relative to auditee responsibilities as
provided in 2 CFR 200.508-512.
I A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance
with the provisions of 2 CFR 200, subpart F - Audit Regrmenrents. If the recipient expends less than $750,000 in federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Reqs, the
cost of the audit mist be paid from non-federal resources (i e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
Part II: State Funded
State Aid to Libraries Csant Agreement (ForniD11S/SA02)
Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 05-2023
316
PW.9
This part is applicable ifthe recipient is a nonstate entity as defined by section 215.97(2) F.S.
1. In the evert that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such
recipient (fior fiscal years ending bine 30, 2017 and thereafter), the recipient mast have a state single or project specific audit for such fiscal
year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General E)MMrr 1 to this agreement
indicates state financial assistance awarded through the Department of State by this agreement. In deteniamg the state financial assistance
expended m its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received
fromthe Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or
pass-through awards and resources received by a nonstate entity for Weral program matching requitmirirts.
2. For the audit requinenaeits addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the reqs of
Section 215.97(8), F. S. This includes submission ofa, financial reporting package as defined by Section 215.97(2) F. S., and Chapters
10.550 (local governmental ewes) and 10.650 (nonprofit and fior-profit oritions), Rules of the Auditor General.
3. If the recipient expends less than $750,000 instate financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and
thereafter), an audit conducted in accordance with the provisions of Section 215.97, F. S , is not required. In the evert that the recipient
expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97, F.S. , the cost ofthe audit mast be paid fromthe nonstate entity s resources (ie., the cost of such an audit
mast be paid fromthe recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents rekrenced in the text of this agreement and the interpretation
of compliance issues.
State ofFlorida Department Financial Services (ChiefFinancial Officer)
bWl/www,mLbridacfo.coml
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
bftp //www.leg: state.9.us/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by
PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf ofthe recipient directly to each ofthe
fDlbwing
A. The Department of State via the DOS Grants Systemat tonsil/dos .com
B. The Federal Audit Clearinghouse (FAC) as provided m 2 CFR 200.6 and section 200.512
The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the
location ofthe FAC and data entry system may be found at the OMB website.
2. Copies of financialreporting packages required by PART H of this agreement shall be submitted by or on bebalfof the recipient directly to
each ofthe following
A. The Department of State via the DOS Grants System at sJ//dosgraarts.com
State Aid to libraries Giant Agreement (Form D11S/SA02)
ampter 1&2.01:1(2)(a� FloredaAdsrinistradve Code, Effective 05-2073
PW. 10
317
B. The Auditor General's Office at the fallowing address:
Auditor General
Local Government Audits/342
Claude Pepper Building Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall
be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local govemm-rrital entities) and
10.650 (nonprofit and far -profit organizations), Rules of the Auditor General, as applicable.
4. Recipients, when subrr i ti ng financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200,
Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and far -profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
Part IV: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terns of the award(s) and this agreement for a period of
five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General
access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or
its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless
extended in writing by the Department of State.
State Aid to Libraries Gant Agreement (Form DUS/SA02)
Chapter 1B-2.011(2xa),Florida Administrative Code, Effective 05-2023
Page: 11
318
EXHIBIT -1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not applicable.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Florida Department of State, State Aid to Libraries;
CSFA Number. 45.030
Award Amount: See Attachment B.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four (State Project Compliance
Requirements) of the State Projects Compliance Supplement located at httpsl/ap12s.fldfs.com/fsaa/.
1W. 12
State Aid to Libraries Csant Agreement (FormDUS/SAM)
Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 05-2023
319
ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
State Aid to Libraries Csant Agreement (FormDIJS/SA02)
Chapter 1B -2.011(2)(a), Florida Adnunistrative Code, Effective 05-2023
Page~ 13
320
FLORIDA DEPARTMENT OF STATE
DIVISION OFLIBRARY AND INMRMATION SERVICES
STATE AID TO LIBRARIES GRANT APPLICATION
Certification of Howl, Flee Library Service and Access to Materials
The Man River Cowry, governing body for the Indian River County Lnbrary hereby certifies that the following statements are true for the
tune period October 1, 2021 through June 30, 2024:
• Provides free library service, mchrdnng loanmg materials avagable for caculabon free of charge and providing reference area
information services free ofcbarge;
• Provides access to materials, information and services for ail residents of the area served; and
• Has at least one hbrary, branch hbrary or member hbrary open 40 bows or more each week (exckx1mg holidays; between Swday
Brough Saturday, on a schedule determined by the library system).
Signature
Chair, Iabrmy Govermng Body
Name (Typed)
Page.1 321
Indian River County Library System
Annual Plan of Service FY 2023/2024
The Annual Plan of Service is an outline of the Indian River County Library System's
focus of activities during the year. The plan supports the goals, objectives, and action
plan from the Library System's Long -Range Plan, and is supported by the Library
System's budget as described.
The major emphasis during Fiscal Year 2023/24 (October 1, 2023 to September 30,
2024) will be:
• Continue providing quality library services to all county residents.
• Continue providing comprehensive collections, both print and digital.
• Continue providing public computers and internet access.
• Continue providing technology training for the public.
• Continue providing cultural, educational, informational, and recreational programming for
all ages.
• Continue providing welcoming spaces for residents to meet, interact, read, and study.
• Continue offering adults the opportunity to earn an accredited high school diploma and
career certificate through Career Online High School.
• Continue service to the South County area through the use of a state-of-the-art Vending
Library located at the Intergenerational Center.
• Continue Archive Center digitization projects to preserve local and Florida history.
• Make use of the newly constructed multi-purpose children's room at North IRC Library to
provide educational and recreational programming to infants through teenagers.
• Continue providing materials and information services that are responsive to the diverse
needs of the public and ensuring accessibility for all.
• Explore opportunities to increase outreach services for the community.
• Seek avenues of raising public awareness of the Library's resources and services.
322
AA
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
Date: August 18, 2023
To: The Honorable Board of County Commissioners
Thru: John A. Titkanich, Jr., ICMA-CM, AICP,
County Administrator
Thru: Michael Zito, Deputy County Administrator
Beth Powell, Interim General Services Director
Cindy Emerson, Human Services Managing Director
From: Leigh Anne Uribe, Human Services Program Coordinator
Subject: Amendment to HUD Continuum of Care (CoC) Grant Agreements -
FL0116L4H092215 - HMIS Coordinated Entry and FL0418L4H092210 —
Data Quality
BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) aids homeless individuals and
families by facilitating their transition into stable housing through the Continuum of Care (CoC)
Program. In Indian River, St. Lucie, and Martin Counties, the Treasure Coast Homeless Services
Council (TCHSC) acts as the CoC Lead Agency, overseeing housing and essential services like
healthcare and mental health counseling for the homeless. As the CoC Lead Agency, TCHSC
annually applies for various HUD grants on the County's behalf, securing funding for these
services. Once granted, TCHSC collaborates with the Indian River County Human Services
Division to manage the funds. Indian River County was designated as the HUD grant recipient
for nine specific grants which were presented and approved by the Board of County
Commissioners on June 20, 2023.
DESCRIPTION AND CONDITIONS:
Two of the grants awarded to the County include Grant ID Numbers FLOI16L4H092215 and
FL0418L4HO92210. The two grants are specific to HMIS Coordinated Entry and Data Quality,
respectively. On July 26, 2023, Indian River County received a request from the HUD grant
program administrator to make an amendment to two grants which aims to simplify procedures,
relieving the County from administrative work associated with monthly HUD -funded tasks like
rental assistance, coordinated entry, and data quality management. Under the original approved
agreements, TCHSC operates as a CoC Program subrecipient of HUD funding for Indian River
County.
The two amendments remove Indian River County as the grant Recipient and replaces the
recipient with the TCHSC. This will simplify the County's responsibilities and empowers
TCHSC to serve as a Unified Funding Agency (UFA) under HUD, streamlining the process of
obtaining and distributing grants. As an UFA, TCHSC will take on the responsibility of
managing fund distribution, making project decisions, and overseeing financial aspects
323
independently. Given TCHSC's proven capabilities, HUD, as the CoC Lead Agency, supports
the transfer of two grants from the County. With the Board's approval, the County's
responsibilities will shift, allowing TCHSC direct access to grants FL0116L4H092215 and
FL04181,4HO92210. This shift streamlines processes and enhances Indian River County's ability
to efficiently utilize these resources for the betterment of the community.
Grant Number Project
HUD Funding Performance Period
FL0116UH092215 HMIS Coordinated En
$35,400 09-01-2023 ends 08-31-2024
FL0418UH092210 Data Quality
$27,840 01-01-2024 ends 12-31-2024
TOTAL AWARD
$63,240
FUNDING:
No funding is required for the subject task.
RECOMMENDATION:
Staff recommends the Board acknowledge the amendment to the two HUD grants and authorize
Chairman to execute each individual Amendment to the Continuum of Care Grant Agreement.
ATTACHMENTS (2):
Amendment to the Continuum of Care Grant Agreement — Grant Number/(FAIN):
FLO116L4H092215 - HMIS Coordinated Entry
Amendment to the Continuum of Care Grant Agreement - Grant Number/(FAIN):
FL0418L4HO92210 — Data Quality
DISTRIBUTION:
Rayme Nuckles, Treasure Coast Homeless Services Council
Elissa Nagy, Finance Director
APPROVED AGENDA ITEM Aueust 29.2023
2
324
U. S. Department of Housing and Urban Development
Jacksonville Field Office
Charles Bennett Federal Building
400 West Bay Street
Suite 1015
Jacksonville, Florida 32202-4439
Recipient Name: Indian River County Board of County Commissioners
Grant Number/ (FAIN): FL0116L4H092215
Tax ID Number: 59-6000674
UEI Number: FB3SLJJZ38K9
Federal Award Date: 6/7/2023
AMENDMENT TO THE CONTINUUM OF CARE GRANT AGREEMENT
This Amendment to Grant Agreement is made by and between the United States
Department of Housing and Urban Development (HUD) and Indian River County BOCC,
Inc., (the Recipient), of 1801 27th St., Vero Beach, FL 32960, and Treasure Coast
Homeless Services Council, (the Replacement Recipient), of 2525 St. Lucie Ave., Vero
Beach, FL 32960.
RECITALS
1. HUD and the Recipient entered into a Grant Agreement dated June 7, 2023, having Grant
No. FLOI 16L4H092215 (the Grant Agreement).
2. The Recipient will no longer continue to be the Recipient of the Grant Agreement
because the Recipient will no longer serve as the HMIS Data Quality Lead Agency.
3. The Replacement Recipient has submitted evidence acceptable to HUD that the
Replacement Recipient is eligible to be a recipient of a Continuum of Care program grant
and meets the capacity criteria in the Notice of Funding of Availability under which the
grant was awarded.
4. The Replacement Recipient has submitted to HUD all required Application documents
and certifications; and all required Technical Submission documents, including
certifications, assurances, information and documentation required to meet any
conditions, which HUD has approved.
5. HUD has determined the Replacement Recipient should assume the obligations of the
Recipient at the beginning of the period of performance for the FY22 grant term;
09/01/2023-08/31/2024.
6. The parties are desirous of amending the Grant Agreement to change the recipient.
AGREEMENTS
The Grant Agreement is hereby amended as follows:
HUD's mission is to create strong, sustainable, inclusive communities and
quality, affordable homes for alt:
www.hud.gov espanoLhud.gov 325
1. The Recipient is hereby removed as recipient and replaced with the Replacement
Recipient.
2. The definition of the term "Application" is amended to include all certifications
and documents submitted by the Replacement Recipient to HUD, on the basis of
which HUD approved replacing the Recipient with the Replacement Recipient.
3. Notices to the Replacement Recipient shall be directed to Rayme Nuckles, Executive
Director, 2525 St. Lucie Ave.; Vero Beach, FL 32960, raymentchelpsspot.org.
This Amendment to Grant Agreement constitutes the entire agreement of the parties as to
amendment of the Grant Agreement and will become effective only upon the execution hereof by
all parties. The remaining terms of the Grant Agreement remain in full force and effect. The
parties, on the dates set forth below their respective signatures, hereby execute this Amendment
to Grant Agreement, as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
,r Opda#y so wdd by, LARRY HAYES
ON. Pi : LARRY HAYES C * US
O U.S C-W.maM oU
of Mousng and Unon
6e4wo t, offim of Conmunay
Phning and Oe�ebpmaM
BY: � 202n �, � _WW
(Signature)
Larry T. Hayes, MBA CPD Director
(Typed Name and Title)
07/25/2023
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Joseph H. Earman, Chairman
(Typed Name and Title of Authorized Official)
(Date)
326
Approved by BCC: August 29, 2023
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
By:
John A. Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
By:
William K. Debraal, County Attorney
327
REPLACEMENT RECIPIENT
(Name
i
of Authorized Official)
Rayme Nuckles, Executive Director
(Typed Name and Title of Authorized Official)
6,3
(Date)
328
��%AENr
�' yo�
0
y * * o
so"5P, oEVE19
U. S. Department of Housing and Urban Development
Jacksonville Field Office
Charles Bennett Federal Building
400 West Bay Street
Suite 1015
Jacksonville, Florida 32202-4439
Recipient Name: Indian River County Board of County Commissioners
Grant Number/ (FAIN): FL0418L41-1092210
Tax ID Number: 59-6000674
UEI Number: FB3SLJJZ38K9
Federal Award Date: 5/26/2023
AMENDMENT TO THE CONTINUUM OF CARE GRANT AGREEMENT
This Amendment to Grant Agreement is made by and between the United States
Department of Housing and Urban Development (HUD) and Indian River County BOCC,
Inc., (the Recipient), of 1801 27th St., Vero Beach, FL 32960, and Treasure Coast
Homeless Services Council, (the Replacement Recipient), of 2525 St. Lucie Ave., Vero
Beach, FL 32960.
RECITALS
1. HUD and the Recipient entered into a Grant Agreement dated May 26, 2023, having
Grant No. FL0418L41-1092210 (the Grant Agreement).
2. The Recipient will no longer continue to be the Recipient of the Grant Agreement
because the Recipient will no longer serve as the HMIS Data Quality Lead Agency.
3. The Replacement Recipient has submitted evidence acceptable to HUD that the
Replacement Recipient is eligible to be a recipient of a Continuum of Care program grant
and meets the capacity criteria in the Notice of Funding of Availability under which the
grant was awarded.
4. The Replacement Recipient has submitted to HUD all required Application documents
and certifications; and all required Technical Submission documents, including
certifications, assurances, information and documentation required to meet any
conditions, which HUD has approved.
5. HUD has determined the Replacement Recipient should assume the obligations of the
Recipient at the beginning of the period of performance for the FY22 grant term;
01/0 1/2024-12/31/2024.
6. The parties are desirous of amending the Grant Agreement to change the recipient.
AGREEMENTS
The Grant Agreement is hereby amended as follows:
HUD's mission is to create strong, sustainable, inclusive communities and
quality, affordable homes for all,
www.hud.gov espanoLhud.gov 329
1. The Recipient is hereby removed as recipient and replaced with the Replacement
Recipient.
2. The definition of the term "Application" is amended to include all certifications
and documents submitted by the Replacement Recipient to HUD, on the basis of
which HUD approved replacing the Recipient with the Replacement Recipient.
3. Notices to the Replacement Recipient shall be directed to Rayme Nuckles, Executive
Director, 2525 St. Lucie Ave.; Vero Beach, FL 32960, raymeAtchelpspot.org.
This Amendment to Grant Agreement constitutes the entire agreement of the parties as to
amendment of the Grant Agreement and will become effective only upon the execution hereof by
all parties. The remaining terms of the Grant Agreement remain in full force and effect. The
parties, on the dates set forth below their respective signatures, hereby execute this Amendment
to Grant Agreement, as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
Oil Digitally signed by: t.ARR AYES
DN: CN = LARRY HAYES C = US
AKA -4-
OfiU.S. Government OU =
(gement of Housing and Urban
Devblopment. Office of Community
f�l�nning and Development
BY: Date: 2023.07.25 14:45:10 -04'00'
(Signature)
Larry T. Hayes, MBA CPD Director
(Typed Name and Title)
07/25/2023
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Joseph H. Earman, Chairman
(Typed Name and Title of Authorized Oficial)
(Date)
330
Approved by BCC: Aueust 29, 2023
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
By:
John A. Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency:
William K. Debraal, County Attorney
331
REPLACEMENT RECIPIENT
Treasure Coast Homeless Services Council
(Name of O nization)
BY:
(Signature of Authorized Official)
Rayme Nuckles, Executive Director
(Typed Name and Title of Authorized Official)
I?2(-23
(Date)
332
/A
PUBLIC HEARING
Indian River County
Interoffice Memorandum
Office of Management and Budget
To: Members of the Board of County Commissioners
Through: John A. Titkanich Jr., County Administrator
Date: August 18, 2023
From: Kristin Daniels
Director, Office of Management & Budget
Subject: Public Hearing to Consider an Ordinance Imposing an Additional Cent of Tourist
Development Taxes and Reallocating the Authorized Uses of Tourist Development Tax
Revenue
Description and Conditions
On July 11, 2023, the Board of County Commissioners approved levying an additional cent of Tourist
Development Tax effective October 1St, 2023. Per the Board's direction, Staff allocated the maximum
amount of funding allowable under Florida Statute 125.0104 to Beach Renourishment projects, with the
remaining proceeds being allocated towards Tourism Promotion activities. In order to impose the
additional cent, an ordinance must be approved by the Board following a public hearing, and the Outside
Agency Funding Policy must be updated to reflect the proposed change.
The following tables illustrate the changes to each fund's Tourist Tax allocation for the upcoming fiscal
year.
Allocation of 5 Cents per Eligible Use*
Eligible Usage Categories
1St or 2nd 3rd 4th 6 t
Total
Sports Stadium JRTC
0.25
0.25
Tourism Promotion
1.0 1.0
2.0
Beach Restoration
1.75 1.0
2.75
Total
2.0 1.0 1.0 1.0
5.0
-ver r-ionaa statutes z5.u] u4 rnaian rover county is not eiigibie to levy what is reterrea to in the Statute as the 5°' cent.
Allocation of Estimated Revenue Received in FY 23/24
Eligible Usage Categories
4 Cents
Funding
5 Cents
Funding
Increase/
Decrease
% Increase/
Decrease
Sports Stadium JRTC
$517,500
$258,750i$258,750)--50%
Tourism Promotion
$1,725,138
$2,070,000
$344,862
20%
Beach Restoration
$1,897,362
$2,846,250
$948,888
50%
Total
$4,140,000
$5,175,000
$1,035,000
25%
333
Board of County Commissioners
Page 2 of 2
August 18, 2023
This allocation decreases the Jackie Robinson Training Complex (JRTC) funding to cover the reduced
amount necessary to fund the annual lease obligation, allocates an additional $344,862 or 20% to the
Tourism Development Fund, and allocates an additional $948,888 or 50% to the Beach Renourishment
Fund, as additional funding towards beach renourishment projects was the Board's main priority.
Recommendation
Staff recommends the Board approve the proposed ordinance imposing an additional cent of Tourist
Development Taxes and reallocating the authorized uses of Tourist Development Tax revenue.
Attachment
Tourist Development Tax Ordinance 2023
334
ORDINANCE NO. 2023 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 210.01 (TAXING
DISTRICT AND LEVY) AND SECTION 210.03 (AUTHORIZED USES OF
REVENUE) OF CHAPTER 210 (TOURIST DEVELOPMENT TAX) OF THE
CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO IMPOSE AN
ADDITIONAL CENT OF TOURIST DEVELOPMENT TAXES AND
REALLOCATE THE AUTHORIZED USES OF THE TOURIST DEVELOPMENT
TAX REVENUE; AND PROVIDING FOR CODIFICATION, SEVERABILITY,
REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, Indian River County currently imposes four cents of tourist development
taxes on the renting, leasing or letting, for consideration any living quarters or accommodations
in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle
park, camping space or condominium for a term of six (6) months or less, per section 125.0104,
Florida Statutes; and
WHEREAS, pursuant to section 125.0104(3)(n), Florida Statutes, Indian River County
is authorized to impose an additional cent of tourist development taxes; and
WHEREAS, the Board of County Commissioners wishes to impose an additional cent
of tourist development tax and reallocate the existing uses of tourist development taxes in order
to provide additional funding for beach renourishment purposes;
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 210.01 (Taxing district and levy) and Section 210.03
(Authorized uses of revenue) of Chapter 210 (Tourist Development Tax).
New language indicated by underline, and deleted language indicated by stFikethreugh.
Section 210.01 (Taxing district and levy) and Section 210.03 (Authorized uses of revenue) of
Chapter 210 (Tourist Development Tax) of the Code of Indian River County, Florida is hereby
amended to read as follows:
1
335
ORDINANCE NO. 2023 -
CHAPTER 210. TOURIST DEVELOPMENT TAX.
Section 210.01. Taxing district and levy.
(a) There are hereby created two (2) taxing districts in which the tourist
development tax is imposed. One taxing district encompasses the
geographical boundaries of the City of Vero Beach. The second taxing
district encompasses the remainder of geographical boundaries of Indian
River County.
(b) There is hereby adopted and imposed a two (2) percent tourist
development tax in accordance with F.S. § 125.0104, on the exercise
within each of the taxing districts herein created of the taxable privilege
of renting, leasing or letting, for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, rooming house,
mobile home park, recreational vehicle park, camping space or
condominium for a term of six (6) months or less.
(c) There is hereby adopted and imposed an additional one (1) percent
tourist development tax in accordance with F.S. § 125.0104(3)(d), on the
exercise within each of the taxing districts of the taxable privilege of
renting, leasing, or letting for a consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, rooming house,
mobile home park, recreational vehicle park, camping space or
condominium for a term of six (6) months or less. Said additional tax
shall be for the purpose of funding those authorized uses of tourist
development tax revenue as set out in section 210.03(a)(4) of this
ordinance.
(d) There is hereby adopted and imposed an additional one (1) percent
tourist development tax in accordance with F.S. § 125.0104(3)(1), on the
exercise within each of the taxing districts of the taxable privilege of
renting, leasing, or letting for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, rooming house,
mobile home park, recreational vehicle park, camping space or
condominium for a term of six (6) months or less. Said additional tax
shall be for the purpose of funding those authorized uses of tourist
development tax revenue as set out in section 210.03(a)(2) and section
210.03(a)(6) of this chapter.
(e) There is hereby adopted and imposed an additional one (1) percent
tourist development tax in accordance with F.S. § 125.0104(3)(n), on the
2
336
ORDINANCE NO. 2023 -
exercise within each of the taxing districts of the taxable privilege of
renting, leasing, or letting for consideration any living quarters or
accommodations in any hotel, apartment hotel, motel, rooming house,
mobile home park, recreational vehicle park, camping space or
condominium for a term of six (6) months or less. Said additional tax
shall be for the purpose of funding those authorized uses of tourist
development tax revenue as set out in section 210.03(x)(2) of this
chapter.
Section 210.03. - Authorized uses of revenue.
(a) All revenues received pursuant to this article shall be used for the
following purposes only:
(1) To acquire, construct, extend, enlarge, remodel, repair, improve,
maintain, operate or promote one or more publicly owned and
operated convention centers, sport stadiums, sports arenas,
coliseums or auditoriums within the boundaries of the county or
subcounty special taxing distinct. However, these purposes may
be implemented through servicer contracts and leases with
noronnc WhO maintain and operate adequate existing lessees that
have sufficient expertise or financial capacity to operate such
facilities;
(2) To promote and advertise tourism in the State of Florida and
nationally and internationally; however, if tax revenues are
expended for an activity, service, venue, or event, the activity,
service, venue, or event must have as one of its main purposes
the attraction of tourists as evidenced by the promotion of the
activity, service, venue, or event to tourists;
(3) To fund convention bureaus, tourist bureau, tourist information
centers and news bureaus as county agencies or by contract with
the chambers of commerce or similar associations in the county;
(4) To finance beach improvement, maintenance, renourishment
restoration and erosion control, including shoreline protection,
enhancement, cleanup, restoration of inland lakes and rivers to
which there is public access;
3
337
ORDINANCE NO. 2023-
(5) Until such time as Indian River County reaches a population of
five hundred thousand (500,000) based on the most recent
population estimated prepared pursuant to the provisions of F.S. §
186.901, as in effect on July 1st of each year, tax revenues
received pursuant to this article may also be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain,
operate or promote one or more museums, zoological parks,
fishing piers or nature centers which are publicly owned and
operated or owned by not-for-profit organizations are open to the
public.
(6) Pay the debt service on bonds issued to finance the construction,
reconstruction, or renovation of a professional sports franchise
facility, or the acquisition, construction, reconstruction, or
renovation of a retained spring training franchise facility, either
publicly owned and operated, or publicly owned and operated by
the owner of a professional sports franchise or other lessee with
sufficient expertise or financial capability to operate such facility,
and to pay the planning and design costs incurred prior to the
issuance of such bonds.
(b) A minimum of kpte fifty (50) percent of the revenues to be derived from
the tourist development tax levied pursuant to sections 210.01(b) and (c)
of this chapter shall be used pledged to seGure and liquidate reVeR e
bonds issued by the Geuf4y for the purposes set forth in section (a)(4) of
this section. Up tG r,.,o_half (v_) of the The remaining revenue derived
from the tourist development tax levied pursuant to sections 210.01(b)
and (c) of this chapter may be used pledged to seGure and liquidate
reveRue bonds issued by the GOunty for the purposes set forth in section
(a)(1).
Section 3. 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 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.
4
338
ORDINANCE NO. 2023 -
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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 day of August,
2023, for a public hearing to be held on the 29th day of August, 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 29th day of
August, 2023.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By:
ATTEST: Ryan L. Butler, Clerk
and Comptroller
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
By
William K. DeBraal, County Attorney
Joseph H. Earman, Chairman
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of
August, 2023.
5
339
/6B 1
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
John Naclerio, relative to the owner of 765 18 Ave.
NAME OF INDIVIDUAL OR ORGANIZATION: Vero Beach, FI. Owner is ill and unable to attend
6 Plantation Drive, Suite 205
ADDRESS: Vero Beach, FL 32967
SUBJECT MATTER FOR DISCUSSION:
PHONE: 772-646-8988
James Pizzo, Owner of 765 18th Avenue, Vero Beach, FL
August 3, 2023 Hearing Board, Septic Tank. $31,500 Fine assessed
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES 1/] NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION?
Waiver of the fine assessed
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F -6e I YES ❑ NO
WHAT FUNDS OR ACTIVITIES ARE Reduction in Code violation fee
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
ransmitte to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
9 Phone
INTERIM COUNTY ADMINISTRATOR: Michael Zito
MEETING DATE: 08/29/2023
340
INDIAN RIVER COUNTY
ENVIRONMENTAL CONTROL HEARING BOARD
VERO BEACH, FLORIDA
FLORIDA DEPARTMENT OF HEALTH )
IN INDIAN RIVER COUNTY AND INDIAN )
RIVER COUNTY ENVIRONMENTAL }
CONTROL OFFICER )
}
Petitioners )
vs. ) CASE NO. 598-23
JP&D PROPERTY MANAGEMENT, LLC. )
Respondent )
ORDER
This matter was heard before the Indian River County Environmental Control
Hearing Board (hereinafter `Board") on August 3, 2023, pursuant to the Environmental
Control Hearing Board Order dated June 8, 2023, that was issued by the Board. Jp&D
Property .Management, LLC (hereinafter "Respondent") was properly served with a
Notice of the Hearing dated July 11, 2023. The Respondent was not present at the
hearing, and the Board, having heard testimony and argument, and being duly advised in
the premises, HEREBY makes the following findings of fact and conclusions of law:
A. Findings of Fact:
The Respondent owns property located at 765 18a' Ave, Vero beach FL, 32962
(hereinafter "Subject Property").
The Respondent has created a sanitary nuisance pursuant to Florida Statutes Sections
386.041(1)(a), (b), (e), and (f).
The Respondent has allowed untreated human waste that is harmful to human or animal
life pursuant to Section 3 86.041 (1)(a), Florida Statutes by allowing the use of an unsound
septic tank.
The Respondent is allowing the use of an improperly maintained septic tank which is
leaking raw sewage onto the ground pursuant to Section 386.041(1)(b)
The Respondent is creating, maintaining or causing conditions capable of breeding flies,
mosquitoes or other arthropods capable of transmitting diseases to humans directly or
indirectly by failing to maintain a properly functioning septic tank pursuant to Section
386.041(l)(e), Florida Statutes.
Page 1 of 3
341
The Respondent caused conditions determined to be a sanitary nuisance pursuant to
Section 386.041(1)(f) as defined in Section 386.01 Florida Statutes by failing to maintain
the septic system on the Subject Property leaving the health or life of an individual, or the
health or lives of individuals, may be threatened or impaired, or by which or through
which, directly or indirectly, disease may be caused.
On January 30, 2023, a representative of the Plaintiff was called to the Subject Property
to inspect a reported sanitary nuisance relating to the septic tank. The Plaintiff's
representative found a septic system leaking sewage onto the ground's surface. A notice
to correct was left with the tenant to provide to the property owner for the verified
sanitary nuisance.
Petitioner issued a Notice of Violation on February 3, 2023.
Respondent failed to comply with the Notice of Violation and a hearing was held on
April 6, 2023 at which time the Respondent was held in violation for creating a sanitary
nuisance pursuant to Florida Statutes Section 386.041(1)(a), (b), (e), and (f), and the
Board issued an order dated April 20, 2023.
Respondent hired a septic tank contractor to do an initial pump out, but has not performed
any subsequent pump outs.
The Subject Property has remained occupied since May 19, 2023 by tenants without the
septic system being repaired until July 7, 2023.
Respondent failed to comply with the Board's April 20, 2023 and June 8, 2023 orders
until the sanitary nuisances was abated on or about July 7, 2023.
Respondent violated nearly every other provision of the April 20, 2023 and June 8, 2023
order by declining to perform daily pump outs in violation of the April 20, order and
maintaining the residence occupied in violation of the June 8`h order.
B. Conclusions of Law:
The Respondent created a sanitary nuisance pursuant to Sections 386.041(l)(a), (b), (e),
and (f), Florida Statutes, and failed to comply with the Board's order dated April 20,
2023 until July 7, 2023 at which time the property was brought into compliance by
abatement of the sanitary nuisance.
It is therefore ORDERED as follows:
Respondent shall pay all of the penalties imposed in the June 8, 2023 order
totaling $14,000 which shall be paid within 10 days from the date of this order via
check made payable to Indian River County Board of County Commissioners.
The payment shall be sent to the Indian River County Health Department,
Attention: Julianne Price, 1900 271h St. Vero Beach, FL 32960.
2. The Subject Property remained occupied prior to the sanitary nuisance being
abated, and the $500 per day suspended penalty with a start date of June 2, 2023,
through July 6, 2023 for a total of 35 days and $17,500 is hereby imposed and
shall be paid within 10 days from the date of this order. Payment shall be made
via check and shall be made payable to Indian River County Board of County
Commissioners. The payment shall be sent to the Indian River County Health
Department, Attention: Julianne Price, 1900 2r St. Vero Beach, FL 32960.
3. The Respondent having come into compliance and abating the sanitary nuisance,
the case is closed and the Board hereby relinquishes jurisdiction.
DONE ORDERED thissth day of Au
a
r
Ale
'pitman
i to Indtatt Rity 1 ¢
County Environmental Control
Hearing Board
Reco p+ Metz Rivea'
County Environmental Control
Hearing Board
Copies furnished to:
Jennifer D. Peshke, Attorney for the Environmental Control Hearing Board
Susan Prado, Attorney for the Florida Department of Health in Indian River County staff
Jp&D Property Management, LLC., Respondent
STATE OF FL-OfUDA
INDIANRIVER COUNTY
THIS is TO CERTIFY THAT Tfglt IS
A TRUE ANOCORNEC7' C<JPY OF THE
10RIOINAL ON FILE IN' `NIS OFFICE
Swretary
Env rorults"W Controi
H&Sftg Surd:
Pale 3 of
DATE.'
343
106
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Alliance for Safe Trains, Susan Mehiel
130 Island Cottage Ln
ADDRESS:
SUBJECT MATTER FOR DISCUSSION:
PHONE: 828-606-5369
Haz Mat and speed trains sharing corridor
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Yl YES El NO
WHAT RESOLUTION ARE YOU None
REQUESTING OF THE COMMISSION?
❑ ❑✓
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
Transmitteil to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
9 Phone
None
INTERIM COUNTY ADMINISTRATOR: Michael Zito
MEETING DATE: 8/29/23
344
I cell
Public Notice Item - B.C.C. 8.29.23
INDIAN RIVER COUNTY
William K DeBraal, County Attorney
Susan J. Prado, Deputy County Attorney
MEMORANDUM
TO: Board of County Commissioners
THROUGH: John Titkanich, Jr., County Administrator
FROM: William K. DeBraal, County Attorney
DATE: August 23, 2023
ATTORNEY
SUBJECT: Public Notice of Public Hearing for September 12, 2023, to Consider a Resolution
Adopting a Non -Ad Valorem Special Assessment Roll on Hospitals for the Local
Provider Participation Fund
The Board of County Commissioners will hold a Public Hearing on Tuesday, September 12, 2023, at 9:05
a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following:
AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING AND ADOPTING A NON -AD VALOREM SPECIAL
ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE
OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED
MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND
DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY
BENEFITED BY THE ASSESSMENT; COLLECTING THE
ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A
PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED
ASSESSMENT AND THE METHOD OF ITS COLLECTION;
AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES
IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER
AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS
NECESSARY; AND PROVIDING AN EFFECTIVE DATE.
The public hearing will be held in the County Commission Chambers located on the first floor of Building
A of the County Administrative Complex, 1801 271 Street, Vero Beach, Florida 32960.
C.1U 4,fcp-d*pDat Jl 1kT.VWCL Te.Uol j i.L yPDFSWCL@3031D9EBWCL®.i01ID9E6.&c
345
August 29, 2023
ITEM 14.A.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: August 22, 2023
SUBJECT: Use of the BOCC Chambers
FROM: Joseph H. Earman
Chairman
Discussion Item:
I was contacted by Lance Lunceford, Vice -President of the Indian River County
Taxpayers Association, to request use of the BOCC Chambers to host a "Community
Council Meeting" on a date to be determined from approximately 5:00pm-9:00pm. They
would like the event to be televised beginning at 6:00pm. For this event they are inviting
all the City Mayors, Constitutional Officers, the BOCC Chairman, Representative
Brackett, and Senator Erin Grail.
Staff would need to be present for Audio/visual needs.
I submit this request for the Taxpayer's Association on their behalf, and would appreciate
my fellow Commissioners input on this request.
346
August 29, 2023
ITEM 14.A.2
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: August 23, 2023
SUBJECT: Support for IRC Military Officers Association
FROM: Joseph H. Earman
Chairman
Discussion Item:
I was contacted by the Military Officer Association of America (MOAA) Indian River
Chapter regarding the VA healthcare system in our area. I would like to draft a letter of
support to send to Director Price on behalf of the Board of County Commissioners.
347
Joseph Earman
Chairman
District 3
Susan Adams
Vice -Chair
District 1
August 23, 2023
Cory Price, Director
West Palm Beach VA Healthcare System
7305 North Military Trail
West Palm Beach, FL 33410
Dear Director Price,
Joseph E. Flescher
District 2
Laura Moss
District 5
Deryl Loar
District 4
On behalf of the Indian River County Veteran's Services and as Chairman of the Indian River
County Board of County Commissioners, I am writing you to extend our full support for the
advocacy efforts of the Board of Directors of the Military Officers Association of America
(MOAA) Indian River Chapter. We share their concerns and align ourselves with the sentiments
expressed in their recent letter regarding the pressing issues with Veteran Healthcare in Indian
River County.
The issues raised in the letter by the MOAA Indian River Chapter regarding the state of Veteran
Healthcare in our county deeply resonates with us. As highlighted in Congressman Posey's July
24, 2023 letter, "the lack of adequate VA Services and the consistent poor reviews from the VA
contractor are matters that demand immediate attention and resolution." We firmly believe that the
wellbeing of our veterans should be of paramount importance, and their access to quality care and
services should never be compromised.
The acknowledgment of positive changes with the addition of dedicated veteran physicians and
full staffing at the Vero Beach Community Based Outpatient Clinic (CBOC) is significant. Their
commitment to veterans' needs and the subsequent achievement of the highest rating in Indian
River County indeed exemplifies the kind of care and attention our veterans deserve. However,
the recent resignations and the subsequent departure of experienced staff members from the CBOC
have raised concerns about the continuity of quality care.
Indian River County and our Veterans Services Office is dedicated to helping and serving veterans
in our community and we are deeply concerned about their welfare and the challenges they
currently face in accessing healthcare services. We stand in full agreement with the MOAA Indian
River Chapter's call for transparency, accountability, and immediate actions to address the
situation. The issues surrounding the management of the Vero Beach CBOC, as well as the broader
contracted CBOCs cannot be overlooked, especially considering the $25.3 million -dollar contract
involved.
Building A
180127" Street
Vero Beach, FL 32960-3388
Telephone: 772-226-1490 FAX. • 772-770-5334 348
Furthermore, we share the concerns highlighted by the Indian River Chapter of the MOAA
regarding the accessibility of essential services for our elderly veterans. The difficulties associated
with traveling to West Palm Beach for eyeglasses, dental care, and dermatology pose unnecessary
hardships on those who have dedicated their lives to serving our nation.
In light of the aforementioned concerns, we kindly request your attention to the following:
• Clarification on the feasibility of bringing the Vero Beach and other local CBOCs back
under the VA system.
• Insight into the plans to expand services for veterans in Indian River County.
• Information on the proposed establishment of a multi -specialty clinic to cater
comprehensively to the needs of our veterans.
Indian River County and our Veteran's Services Division is fully committed to supporting our
veterans in any way possible. We stand united with the MOAA Indian River Chapter and support
their call for action. We greatly appreciate your dedication to the veterans we collectively serve,
and eagerly anticipate your response outlining the measures that will be taken to address these
pressing concerns.
Thank you for your time and consideration. Together, we can ensure that our veterans receive the
care and support they rightfully deserve.
Sincerely,
Joseph H. Earman, Chairman
Indian River County Board of County Commissioners
Building A
180127` Street
Vero Beach, FL 32960-3388
Telephone: 772-226-1490 FAX. 772-770-5334
349
AUGUST 29, 2023
ITEM 14.E
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: August 23, 2023
SUBJECT: Children's Services Advisory Committee (CSAC)
FROM: Laura Moss
Commissioner, District 5
Respectfully requesting my colleagues' thoughts on some general issues that surfaced during CSAC
meetings.
1) Many of the programs receiving County funding fall into two categories: healthcare or
education. As you know, the School Board and the Hospital District are elected bodies with
taxing authority. I would suggest for your consideration that we meet with them in a joint
meeting, or workshop, as we are planning to do with our municipalities or if you prefer that
a representative of each be invited to our meeting to discuss the problems in these areas and
how we might best address them together.
2) The programs that we fund are provided by organizations that vary from small, shoestring
start-ups to large, well-established operations. Do you have a preference with regard to
funding new programs vs. maintaining established ones? Is there a point at which programs
should be self-sustaining or be encouraged to seek other funders?
3) Do you have any comments or suggestions regarding the current priorities of the programs
we fund? As you may recall, the requirement is to re-evaluate the priorities every three
years, and this is the year to do so.
I appreciate this opportunity for an open discussion that allows us to share our thoughts while we are
not under the pressure of a vote on CSAC funding.
Attached for your convenience please find:
A) 2023/2024 Approved Program Funding
B) Priorities
C) Funding History
D) School District and Hospital District Millage Rates 2016-2023
E) Ordinance 2022-007
350
1- Helping Hands Summer Program
2- Children in Centers
Priority
Arfafta
CURR
20ENT
V��Lent
PROGRAM
A
Ballet Vero Beach, Inc.
Matinee Sees/Stage to Page
Aw
iw,
BigBrothers Big Sisters of Indian River County
Community -Based Mentoring
$ 15,000 $
15,000 0% 15,000 #X
Big Brothers Big Sisters of Indian River County
Passport to Early Litaraq,��"`
85,0001;&
85,00 0%
Boys & Gi rls Clubs of Indian River County
BGC After Sthool & Surninm - 0
$ 40,000 $
50,000 25% $ 40,000
Catholic Charities of the Diocese of Palm Beach, Inc.
Samaritan center"-.`,�.
35,344:_
37A4K,, 5% $0s37,000t,,D%
Child- Resources of Indian River
*Children in Centers
250,000 $
300,0110 20% $ 250,0011 _v%
Childcare Resources of Indian River
Community & Family
,536 W•
273,41:fftl $qffFAS2,4733518144y,
Children's Home Society of Treasure Coast
Dodgentown Community PaMraNpSdad
37,500 $
50,0110 33% $ 37,500 -25%
Children's Horne Society of Treasure Coast
Teen Life Ch.Ice%
60,4&0X $ 3QO*Vb0%
Crossover Mission, Inc.
Independent Stud,
25,1300 $ 15,0130 .40%
Crossover Mission, Inc.
Building the Future of Crossover
120,0 t,$ 100OWjv*4%
Education Foundation of Indian River County, Inc.
STEP into Kindergarten
136,182
173,099 27X $ 173,098 0%
Environmental Learning Center
ELC STEAM Explorers Program '1,650 $
It$ 11,650WDX
Feed the Lambs Enrichment Program, Inc.
Feed the Lambs Enrichment Programs
1 $ . 13,000 $
13,500 4% $ 13,500 0%
Gifford Youth Achievement Center, Inc.
After School Education Program (ASEPJ,=E1kvW-=
a. $ 64.000owo,
Gifford Youth Achievement Center, Inc.
Youth Employability Program (YEP)
$ $
1O,OW $ 7,500 am
Gifford Youth Orchestra
Staging for Success,
7SA4_�,-,006
Guardians For New Futures, Inc.
Children's Advocacy Center
$ $
50,000
Helping Hands Program of SoutbCourity
Helping Hands School Year Program
W ,
3
Helping Hands Program of South County
*Helping Hands 5ummer Program
$
20,000
Hibiscus Children's Center, Inc.
SafeCam - Parenting Education Home Visita
a-.,35,04_1W�,$SOWJW,0X
Hope for Families Center
Children Enrichment Program
$ 40,WO
41,SW 4K $ 41,500 0%
Indian River County Healthy Start Coalition
Babies and Beyond
f 62,650
6 Wax
Indian River County Healthy Start Coalition
GROW Doula (FKA Doula Services)
$ 37,500 $
62,650 dM $ 37,500 -40%
Indian River County Healthy Start Coalition
Coordinated Intake and Refemal/ $
20A4_1WA0,000,,'n-'V%
Indian River County Healthy Start Coalition
Fatherhood Program
$ - $
50,000 $ 15,000 .70%
Indian River County Heal" Start Coalition
Healthy Famille,srpst
EM 38,000 $
38)4 000jimb"
o,
Indian River County Healthy Start Coalition
Nurse Family Partnership i
$ - $
15,000 $ 15,000 ax.
Indian River County Healthy Stan Coalition
Parents As Teachers ,WWNMIL�
1164 116,4-.'®
Indian River County Healthy Start Coalition
PEACE
$ 40,000 $
10,000 -xx $ 10,000 1 a
Junior Achievement of the Palm Beaches & Treasure Coast
Junior Achievement fore.,", l+igh
School ; _W,
40,4�1t_ ISOWI�
Miss B's Learning Bee's Inc.
Family Engagement Program
$ $
30,000
Mi. B's Learning Bee's tnc.
Project CCAEP
OR,
45)14_00k%0*�
Miss B's Learning Bee's Inc.
Transportation Service
$
10,000
New Horizons of the Treasure Coast, Inc.
Student Assistance Program ��W
415,#�NMWM�
OCP Community Outreach, Inc.
Purpose Driven Youth
$ 20,000 $
30,000 50% $ 25,000 .1*
Pelican Island Audubon Society
Audubon Advocates Lagoon Science Program
$
25A4W 0% $ 25,-,j�
Redlands Christian Migrant Association
Enhancing Infant and Toddler Care
$ 75,500 $
75,5110 0% $ 75,500 0%
Redlands Christian Migrant Association
School Readiness Match (SRMAT) Program
��Nmnw- $
50A4160 $ -,003W,0%
Safe Families for Children
Safe Families for Children - Treasure Coast
$ 20000 $
25,000 25% $ 25,000 0%
Substance Awareness Center of IRC, Inc.
Adolescent Substance III Outpatient Tpla-4��I'
$
500NWIs sool
Substance Awareness Center of IRC, Inc.
ReDirect
$ 90,000 $
100,000 11% $ 90,000 -so
Substance Awareness Center of IRC, Inc.
Universal School Based P
, 901000 $
WAOJW11% $ 80,0001,�
Sunshine Physical Therapy Clinic
Sunshine Kids Support Fund
$ 21,450 $
25,000 17% $ 21,450 -14X
T. T. Hardy Online News Corp. DBA Vero Communiqut
The Young Journalist
$
20,04 ', 33%
The Learning Alliance
Early Learning Prevention IfiNvInIndoComh
$ 20,000 $
50,000 150% $ 20,000 409
The Learning Alliance
Moonshot Academy `-
�IIB�00 $
450,04W29% $ 370,01*3�
The Learning Alliance
Moonshot Families Early Learning Programa
20,000 $
10J,000 400%
The Learning Alliance
The Moorishot Reading Rocket
$
35,0dftj",
The Motivational Edge, Inc
TME -Arts and Academics Unleashed
$
75,000
Treasure Coast Homeless Services Council, Inc.
TCHSC, Youth Homeless Conun"M $
165,04
Tykes &Teens, Inc.
IMHCTCM Program
$
98,270
Vero Beach Theatre Guild
Theatrical Learning Ce n
$
Willis Sports Association, I nc,
WSA-RBI : Fun at Bat
$ SUN $
33,000 JIM $ ELM IN
Youth Guidance Donation fund of Indian River County, Inc.
The Mefftorft Academy ������.'
$
70,00 „,��
Youth Sailing Foundation of Indian River County, I nc.
Junior Learn to Sall Program
$ $
40,00. ON
TOTAL $ 3,766,993
* Program recommended for wntinge cyfunding:
# of Programs
56 46
1- Helping Hands Summer Program
2- Children in Centers
Priority
Arfafta
10000
2S
Aw
iw,
250,000
114,358
Am*
13,834
62,650
19A00
SAW
S4=
897.130 818,825 416,49 435.325
35% 32% 16% 17%
Total Program Budget 2,567,776 Priorities
Requests Over Budget 1,199,217 1 -Early Childhood Development (Age 0.5)
Available to Spend 2- Quality Remediation and Enrichment Programs
3 - Build Parent Capacity
4 - Programs that Address Risky Youth Behavior
351
2S
Aw
22AWR�
`4 341V
&OW",
12JMV'.JA*
UZ
3,000
4soV"'OOO
10,000
30,000
uo*
897.130 818,825 416,49 435.325
35% 32% 16% 17%
Total Program Budget 2,567,776 Priorities
Requests Over Budget 1,199,217 1 -Early Childhood Development (Age 0.5)
Available to Spend 2- Quality Remediation and Enrichment Programs
3 - Build Parent Capacity
4 - Programs that Address Risky Youth Behavior
351
2022-2023 PRIORITY OF FUNDING
CHILDREN'S SERVICES ADVISORY COMMITTEE
PRIORITY OF FUNDING
A comprehensive, community -wide needs assessment provides valuable information to help
guide the Children Services Advisory Committee (CSAC) in identifying essential children's
services and areas of focus to address both the unmet and under -met needs of children. This
year's funding priorities are the result of the 2019-2020 Community Needs Assessment and the
annual re-evaluation of its data. The Focus Areas of Need are ranked in order of priority.
Due to the large impact of Covid-19 on our community, special focus will be on areas that have
been most impacted such as trauma and mental health of children, regression in school and
increased substance use. Priority will be given to evidence -based programs that can address
these challenges.
1. Early Childhood Development
This encompasses birth to age 5. For the younger children this would mean improving their
interactions with caregivers beginning at birth and with focus on physical, social emotional and
cognitive development. It would include improving the quality of childcare, Pre -K and Voluntary
Pre -K providers. Providers must complete developmental screenings at appropriate intervals and
make referrals where necessary.
Why? Research shows that the period 0-5 years is the most important time for brain development.
Physical, social emotional and cognitive skills can be significantly impacted during this time.
2. Quality remediation and enrichment programs that include a meaningful component of
social emotional skill building and academic instruction
Programs should be free/affordable and accessible (transportation) to parents and children. They
should include quality instruction, be properly staffed and have enough dosing to make a
meaningful impact on a child. We hold agencies to a high standard of what constitutes academic
enrichment and intervention. Mentoring programs are included.
Why? Children need to develop positive in and out of school outlets that keep them engaged in
learning, promote their physical, emotional and mental health. There is a wealth of data supporting
quality research -based intervention, extended day programs and extended year.
3. Build Parent Capacity
This encompasses improving parenting skills at every age of a child's life and providing support
mechanisms for parents, including the pre -natal period. Parents should be taught the importance
of wellness of the whole child (medical, dental, mental health and developmental) in addition to
meeting their basic needs. A priority would be new parents, first-time and single parents and those
in the poverty pockets. Additionally, parents need to be assisted in obtaining developmental
screenings at all stages of a child's development starting at 2 months.
RFP - 1
352
Why? A parent is a child's first and most important teacher. We need to equip parents to be the
good parents they all want to be.
4. Programs that address risky youth behavior
Evidence -based programs that help children and teens develop the tools to become productive,
healthy, law-abiding citizens and address risky behavior (e.g., chronic absenteeism, substance
use, delinquency, violence, teen pregnancy, STDs, bullying, depression and other mental health
problems.)
Why? Nonacademic risk factors like absenteeism, mental illness, and substance abuse among
youth are associated with adverse outcomes (e.g., high school dropout, criminal justice
involvement, unemployment, etc.). Evidenced -based prevention, early intervention, and
intensive, individualized interventions are needed to promote success and well-being of
individuals, families, and the greater community.
RFP - 2
353
Children's Services Council Advisory Committee
Funding History (FY1997/98 through FY2022/23)
Fiscal Year
Total Approved Funding
% Increase
1997/1998
$81,370
n/a
1998/1999
$293,835
261.1%
1999/2000
$414,072
40.9%
2000/2001
$750,000
81.1%
2001/2002
$900,000
20.0%
2002/2003
$900,000
0.0%
2003/2004
$1,147,750
27.5%
2004/2005
$1,223,000
6.6%
2005/2006
$1,173,000
-4.1%
2006/2007
$1,208,100
3.0%
2007/2008
$1,100,000
-8.9%
2008/2009
$882,700
-19.8%
2009/2010
$768,100
-13.0%
2010/2011
$691,290
-10.0%
2011/2012
$656,726
-5.0%
2012/2013
$623,890
-5.0%
2013/2014
$623,890
0.0%
2014/2015
$623,890
0.0%
Millage Rates from TRIM Notice
Year
Hospital District
School District
2023
0.5774
2.748
2022
0.6435
2.3838
2021
0.7144
2.748
2020
0.8011
2.748
2019
0.8011
2.748
2018
0.9122
2.748
2017
0.8894
2.748
2016
0.8443
2.848
355
ATR COPY
tai DINANCE ND. -A07 . i l ►T F a 'I
1K SM
AN ORDINANCE 4F THE 130A W OF COMM COMMISSIONM OF
INDIAN RIVER +COUNTYi FLORIDA, AMENDING.PART p 4CM ' REN'S
SERVtCEB AD1Iii JtY EE) OF +CHlAPTii 10
(COMMISSIONS AND . ) TO MAW VARMS SEM OF
THE CHILDREN'S SERVICES ADVAMY MM : 04CUMM
MEIIIIE3Et SHIP, FU NIINNG AND t 118TRA ION OF FUNDS AND
PROVIMG FOR CODIFICATION, SOVERABILITY, REPEAL OF
CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE;.
WHEREAS, Indian 'Rlrw County is among Florida's richest count; and
WHEREAS, Indianidier County has the 106 largest intoe gap between the
tap 1 percent and bottom 89 percent of earners out o(3.,061 counties in the United
States; and
WHEREAS, children and youth under ap 18 represent 96%. of Indy Rwer
CountYs population; and
WHEREAS, 16% of Indian Rhw County children lire:inpoverly ai d,an additional
33% of Indian Fier County children live in households #tai are one *wnclol emergency
or missed paycheck away from poverty; and
WHEREAS, a network of organizations serving children and larnilles in Indian
River County has for decades demonstrates a trusted and verifiable track record df
operating proven programs and developing prun ing practices that deliver reeasumble
results by improving the health, education, tic opportunity and ti
conditions for this vulnerable population;
WHEREAS, investing in developmental and educational refturees for children
and families will provide n esu able returns 11brour crarinmunity; sod
WHEREAS, Indian River County's children need enhanced services; and
WHEREAS, 7.Wo of babies barn in kidtan'RiverCotohlyeach year are considered
JOWLbirth weight, .and 10.9% are preterm; and
WHEREAS, 42% of children in MMM RIVOr County are not prepared to enter
kindergarten; and
WHEREAS, as many as 50% of children with developmental.dele or disorders
are not diagnosed or properly treated before they start school and
WHEREAS, 54% of students in Indian River -County we eligibte'for fres !l reduced
lunch; and
1
356
A -1" f!
SIC?. � �'�, _, `_ _ `itl"i A 4 C1
ORDNIAME
JA. 9MrrH, CLM
1,%Mi4PTER 103 Pt-49sumainNfI AIS br%Anfta
PART Ii..HILDREN'S BERtifICES AOVMRY COMUnTM
Section 103.20.:Purpose.
The purpose of the, children`s services advisory committee is to prom healthy Ohtldr er
the health and -being of cbflftn in a healthy
community. The Fenn "heafth
encompasses socioeconomic, physical, mental, social, emotional, enviranrventai and
educational health.
Section 130.31. ► O b ve.
(7) The objective of the children's services advisor committee is to pride a unified
system of planning and delivery within which children's needs t4n.,be identified,
targeted, evaluated and addressed by the OhlMrans services advisory c omrRnittee.
(2) Definition of child. Any pemon who has not attained the age of eighteen (IS) yam,
also minor.
(3) This objective will be mat -by the children's services advisory committiee lht* &
the powers and fvnctlom of the boardof cou* tomrnissloner s as foliawe
a) Recommended to provide and .maintain In the county, services for Bl ren as
the :children's- services advt wry committeedetermines are:: for the
generat well-being of the county.
b) Collect information and statistical dgft .and conduct reaeamb hefpm to the
children's services advisory committee end"county in deptdi the needs of
children In the county.
C) Consult, borate, and c oordinate with other agencies dooloRted fpft well-
being of children to the end that unnecessary dupgc a*M, of se 'ices will be
prevented.
d) Recommend the allocation of funds to ams that provide: for the
benefit of children in Indian River +County.
e) Recommend standards for evidenco b"sed measurable outs within the
request for proposal and monitor the agencies or actual porkmWoe Ion
agreed upon standards.
f) Recommend to employ, pay and provide benefits for anyart-ttrhe or full-time
position needed to execute the forming powers and. funcns.
3:
358
Six (6) Seven 7 ex -o fic o`voting members. Those members shall be:
1. County Commissioner
2. ,fudge tivtrtg in Indian Rlwdeslgnatod by Chief Judo
3. Superintendent of Schools
b) Five 5) voting Members from the cW=m ty appointed by the boOM of county
ctarrirnissioners,
-ach commissioner shah appoint one member to repthis/her
sang savocate or someone witn business expen2Dce.
c) Two (�) at -large voting members shall,be appointed by tfie: be,*W of county
commissioners.
A
(2) Reserved.
(3) Themembers W2oinW I& the board courth►
c omIMIssioners shall have been resits of Indtart» County fw i# 1+ twenty-
four (24) months prior to nomination. Such members shall be app~ for four -
yew terms, wwoot that the ler the terrtts of the Initial appo shA be
adjusted to stagger the terms. %lo surge member sbali serve for mowthOn two
(2) consecutive four-year terms.
4
359
(4) Members appointed as dWMd membem feplaeed during their term— #the
easrved.
(5) No designee of principals will be. allowed for any' member of the ch' ,s services
advisory committee.
(8) .
exe-IM-311WA no
diFeew
,Ron YoWV eserved.
(7) Officers: Officers will include a chair, apROrged by ft bwd of county
commissioners, vice chair, and standing sub-commithWehal m 001cem 001cexcluding
the chair will be elected by the majority vote of the children's sari advisory
committee members each January and will assume the duties of ftiroffice on the
regular meeting on the second Monday of the n d meeting each year. The im as
an officer, other than a county commise%r, wIll be for ore -year, but Acers may
succeed themselves.
(8) Ems# In thea .event of a conflict between vft jbi Cuter.tMft'� soMOU
ORDINAN" NO.
f) The sPWJSl outreach efforis that wM bye undertaken to. pro We services to
Promote healthy MUM.
(2) Provide orientation to all new chftwes services adv4sory cmaWfte tubers,
allow there Io pWfWM fhek duiles and understand the $tq*hfM.
(3) Based upon board of Minty commissioinees ftc9iy6K puede an annual written
reportand presentation in January to the lord cfcountycommissioners inclu
orogt to utadatesJhiflf iI& As, outcome data and performance and fiscal reports
from each funded. organization:.
(4) Provide an updated short tern and Fang -tem pian to ft ted of try
commissioners to include, but not limited U
a) Programs, services,des that. MW the objectives of the children's
services advisory corrrrrtit x �ciuding reeommendati�tn� on best oractit s
(5)
b) A detail! budget for acMM servioes, and program recofM ended to
receive funding fate the board of`=I* commIsWoners.
Section 103.24. -I mum" .
(1) The children's services advkKwy COFftrtay establ c .. of
membership in or terminaMon of the existence of eny'sub-cottieesf dub -
committee shall be named and shall have and may ere m- ise � Wirers as
delegated by the children'e services adv" oMmittee#Mugh ft beard of
county commissioners. §Mh:commftteqs may Woornposed of a: dices
advisofy committee members and citizens who we "an River o* residents,
with art ..:effort to broadiv renresent the rpt r_ npnromi its nu nnri
commmme Anrimry stanaing sur mmittees mn a wivaw the enecaveness am
k$d ti 96%#. , 4klld 's d
Ina rec. mmCl enons a n services a visory
A#) Community creeds assessment and planning sub -committee: Shall be
committee shall Identify and assess the needs 61 ch4dren of Indian River County
through a needs amssment and asset mapping, eubmft to the board -of county
commissioners through the cNidren's -services advisory committee a written
description of those needs. Provide and update short term and long term pian to
the children's services a c:orrirnittee inckaling, ' rograms,
services and a0vt#es meet the oblectives of fire Ct !g. MMd advisory
commmm.i
� iu-thing fl -RI the __ hAG1rL-nf
bs} Grant review and .program sub -corrin : —Shall be comprised Mf M ff"M th t
Secflcn 103.28. - CoepenMve agFeemonft. Process for distribution of funds.
1)
2)
3)
14
and
365
e. Evaluation. The program's arocess and:g&#ZM 9WGCtM& daft 92#1000"
sM*m and 2NWj4M design.
f. Cost gffecttveness. The proportion . f buds acrg ed Ig jftct services,
funds from other - sources, funds requested, Curren# and projected _torte
range
g. Children and famt1ies served. The ex#erttto which the application addresses
sety#ces to alft identified needs of the target population.
h. Neighborhood-used In es. The extent and degree to which the
applical on focuse8.ona local area or nelahborhood,
L 82M?g se to a specified ss' The appti 's & t ? Qf and
jjRRMpr:rate response to a speoMMI primary strategy.
j.tlort, The relative_ cgM ess, clarity and 9glIdseness gi .Ahe.
rest-onse to all required items ire the funding sr h nae ant and appligWon.
4) Prior to Lin s the services advis tttee shag
'n em b rd of co finers -*w fgpng
.i
cx nstderajIgM This total recruest will be within; the h9gaftes of the humling "
fbrth for children's services by the board of coli tll goguAlssigo.ers under sect
1103.96.
Section 1032.9. - Bookkeeping and audit.
Any agency funded through the process set kdh in Part II of this chapter shall be rt3 tared
to keep adequate records reflecting Me use of furl and service prorated. These
records shall be made available to the children's services advisory committee or board of
county commissioners upon reasonable demand. The execute office director shall, at a
minimum; review ark records quarterly and preps written reports for the dhiidrerk's
services advisory committee. All agencies must pie the Childs a isr,101add
committee with an audit based upon standard accounting procedures.
Section 10339,- -function of execulfte offico Orector.-
The executive office director of the rourity� the taurview pf t# Cou ntv Adr rt strator,
will provide all. services needed to supggdft 19V&es set forth in this part, in&, ding, taut
11 -
366
CWDIN NCE 90...MDOI
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: August 16, 2023
To: The Solid Waste Disposal District Board of Commissioners
Through: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
Subject: Approval of Interlocal Agreement with the Town of Indian River Shores
Descriptions and Conditions:
The Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transport, and
disposal services for regulated solid waste in unincorporated Indian River County (IRC), as well as recycling
services throughout IRC.
The Town of Indian River Shores (Town) voluntarily joined the Indian River County Solid Waste Disposal
District (SWDD) in 1987 in order for SWDD to provide efficient and acceptable means of disposal of solid
waste generated in the Town. Subsequently, the Town and SWDD entered into Interlocal Agreements
(ILA) for SWDD to provide a recycling collection program within the Town.
Per SWDD Board direction, on July 13, 2023, to work with our municipalities, the Town has requested to
participate in our next franchise Request for Proposals (RFP) process for both solid waste and recycling
services.
The IRC County Attorney's Office prepared a draft Interlocal Agreement, which has been accepted by the
Town Manager and Town Attorney and is scheduled for review and approval by the Town Council on
August 24, 2023.
Analysis:
The following summarizes the key provisions for the ILA between the Town and SWDD:
1. The current Interlocal Agreement, dated August 14, 2018, and the current Memorandum of
Understanding, dated August 14, 2018, between SWDD and the Town, will terminate upon
commencement of the next SWDD Franchise Agreement.
The Town is bound by the procurement decision of SWDD so that SWDD's franchise hauler
would provide both the recycling and solid waste collection to the Town, in the same manner
as is provided in the unincorporated areas of IRC. This allows the Town the option to, but not
a requirement to, have one representative, who is a staff member of the Town, as part of the
609638a0-704d-41b7-987b-1d52e3b45791 Page 1 of 2
369
SWDD Item
selection committee designated by the County Administrator, that reviews the proposals
submitted as part of the procurement process for determining the next solid waste and
recycling hauler.
3. The Town understands that if SWDD collects payment for solid waste services through an
assessment on the tax bill, the Town would separately contract with the Tax Collector and
Property Appraiser for the collection of such assessments applied within the municipal limits
of the Town.
4. SWDD will be solely responsible for the enforcement and administration of the next Franchise
Agreement in the unincorporated areas of Indian River County and within the municipal limits
of the Town and recycling hauling in all of Indian River County.
5. SWDD, in its sole discretion, shall decide whether to renew the Franchise Agreement. The
Town agrees to be bound by this decision.
6. The ILA is in effect unless updated in writing by both parties.
Funding:
This agenda provides for an approval of an agreement and is not requesting any funding.
Recommendation:
Staff recommends the Board approve the Interlocal Agreement between the Solid Waste Disposal District
and the Town of Indian River Shores.
Attachment:
Interlocal Agreement between the Solid Waste Disposal District and the Town of Indian River Shores
609638a0-704d-41b7-987b-1d52e3b45791 Page 2 of 2
370
INTERLOCAL AGREEMENT
This Agreement, entered into this _ day of 2023, by and between the Town
of Indian River Shores (hereinafter referred to as the TOWN) and Indian River County, Solid
Waste Disposal District (hereinafter referred to as the SWDD).
WHEREAS, Florida Statute 403.706(1) gives the governing body of a county the
responsibility and power to provide for the operation of solid waste disposal facilities to meet the
needs of all incorporated and unincorporated areas of the county; and
WHEREAS, the TOWN voluntarily joined the SWDD on December 10, 1987 in
accordance with County Ordinance No. 87-67 adopted by the Indian River County Board of
County Commissioners for the creation of SWDD on December 22, 1987; and
WHEREAS, SWDD, a dependent special district, was created for the purpose of providing
an efficient and acceptable means for the disposal of solid waste generated by the residents of
Indian River County; and
WHEREAS, the TOWN currently has an agreement with the TOWN's own independent
and exclusive solid waste and recycling franchise collector for service within the municipal limits
of the TOWN; and
WHEREAS, it is the goal of the TOWN to participate with SWDD in the next procurement
process for solid waste and recycling hauling services, herein after "Franchise Agreement"; and
WHEREAS, it is the intent of the TOWN and SWDD to terminate the provisions of the
current Interlocal Agreement, dated August 14, 2018 and the current Memorandum of
Understanding, dated August 14, 2018, upon commencement of the next SWDD Franchise
Agreement; and
WHEREAS, it is the intent of the TOWN to be bound by the procurement decision of
SWDD so that SWDD's franchise hauler would provide both the recycling and solid waste
collection to the TOWN, in the same manner as is provided in the unincorporated areas of Indian
River County; and
WHEREAS, the TOWN understands that if SWDD collects payment for solid waste
services through an assessment on the tax bill, the TOWN would separately contract with the Tax
Collector and Property Appraiser for the collection of such assessments applied within the
municipal limits of the TOWN,
NOW THEREFORE, the SWDD and the TOWN hereto mutually agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court
of Indian River County and shall remain in effect, until modified by a written subsequent
agreement.
371
3. The Interlocal Agreement, dated August 14, 2018 and the Memorandum of Understanding,
dated August 14, 2018, shall automatically terminate upon commencement of the next SWDD
Franchise Agreement.
4. The TOWN shall be bound by the procurement decision of SWDD for the award of the next
Franchise Agreement, so that SWDD's franchise hauler would provide both the recycling and
solid waste collection within the municipal limits of the TOWN in the same manner as is
provided in the unincorporated areas of Indian River County.
5. As the TOWN will be bound by the SWDD award, as set forth in section 4 above, the TOWN
shall be entitled to, but not required to have one representative, who is a staff member of the
TOWN, as part of the selection committee designated by the County Administrator, that
reviews the proposals submitted as part of the procurement process for determining the next
solid waste and recycling hauler.
6. If SWDD determines that the payments for the solid waste and recycling hauling services in
the unincorporated areas will be collected on the tax bill, the TOWN will be responsible for
separately contracting with the Tax Collector and Property Appraiser for the collection of such
assessments applied within the municipal limits of the TOWN.
7. SWDD will be solely responsible for the enforcement and administration of the next Franchise
Agreement in the unincorporated areas of Indian River County and within the municipal limits
of the TOWN and recycling hauling in all of Indian River County. This includes, but is not
limited to, compliance with the Franchise Agreement, issuance of any administrative charges
or liquidated damages are imposed on such hauler and monitoring of compliance with
contractual terms.
The initial term of the Franchise Agreement shall be 5 years with the right to renew the
Franchise Agreement, at the sole option of SWDD, for an additional 3 years and a final right
to renew, upon mutual consent of both SWDD and the selected Franchisee, for a final 2 year
term. The SWDD, in its sole discretion, shall decide whether to renew the Franchise
Agreement. The TOWN agrees to be bound by this decision.
9. In the event that the TOWN wishes to terminate its participation in this Interlocal Agreement
and the Franchise Agreement, the TOWN shall abide by the termination provisions set forth in
the Franchise Agreement. If the TOWN chooses any other method of termination of this
Interlocal Agreement or the Franchise Agreement, the TOWN agrees to indemnify and defend
protect and hold harmless SWDD in any resulting litigation that arises from the termination,
including but not limited to attorney's fees, costs, penalties and any and all types of damages.
10. Any notice that may be extended by one party to the other pursuant to or as a result of this
Agreement shall be extended by regular, first class, United States mail, postage prepaid or by
hand delivery as follows:
To the TOWN:
Town Manager
6001 North AIA
Indian River Shores, FL 32963
To the SWDD:
County Administrator
Solid Waste Disposal District
1801 27th Street
Vero Beach, FL 32960
372
Either party to this Agreement may unilaterally redesignate the address of or person to whom
notice is to be directed by giving notice to all other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officers the day and year first above written.
Attest: Solid Waste Disposal District
Ryan L. Butler, Clerk of Court and Indian River County, Florida
Comptroller
By: By:
Deputy Clerk Joseph H. Earman, Chairman
Date Approved by SWDD:
Approved By: Approved as to Form and Legal
Sufficiency By:
John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney
Attest:
Janice Rutan, Town Clerk
Town Clerk
Approved By:
James Harpring, JD, Town Manager
Town of Indian River Shores
LIM
Brian Foley, Mayor
Date Approved:
Approved as to Form and Legal
Sufficiency By:
Peter J. Sweeney, Jr., Town Attorney
373
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: August 16, 2023
To: The Solid Waste Disposal District Board of Commissioners
Through: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
Subject: Amendment No. 1 to Work Order No. 19 to Geosyntec for Annual Permit, Compliance
Monitoring, and Reporting for 2023
Descriptions and Conditions:
On January 17, 2023, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 19 to
Geosyntec Consultants (Geosyntec) for $270,152.97 to provide engineering services related to the SWDD
Annual Permit, Compliance Monitoring, and Reporting.
Indian River County Department of Utility Services (IRCDUS) utilizes irrigation water for the operations
of their Residual Dewatering Facility (RDF), located on the landfill property, via two irrigation wells. One
of the irrigation wells was in the vicinity of the leachate evaporator project, and therefore it needed to
be abandoned; however, the one remaining well will not provide sufficient flow for the operations of
the dewatering facility. As a result, a replacement well will be necessary to ensure sufficient flow is
available for the daily operations of the dewatering facility
Staff is proposing to have Geosyntec subcontract an irrigation well driller to install a replacement well.
Analysis:
Geosyntec has prepared Amendment No. 1 to Work Order No. 19, provided in Attachment 1, for
engineering services detailing the scope of work, budget, and schedule for the new irrigation well. The
fees to be paid by SWDD for the execution of this work authorization are in accordance with the
engineer's continuing consulting services master agreement, dated May 18, 2021.
Geosyntec has proposed a 4 -inch irrigation well to 60 feet below land surface (ft bls) with 40 ft of
screen. The total cost for this project is $15,992.83, and the deliverable will include a summary email,
pictures, and well installation logs.
Upon approval the total amount of the work order will be $286,145.80.
b217f640-0049-44c9-84b3-45e7771cf20d Pagel f 2
SWDD Item
Funding:
Funding for the SWDD Annual Permit Compliance Monitoring and Reporting is budgeted and available in
the SWDD/Landfill/Engineering Services account, number 41121734-033130, which is funded from
SWDD assessments and user fees. Funding for the amendment in the amount of $15,992.83 will bring
the total cost of the work order to $286,145.80.
Amendment
Total
Description Account Number
Amount
Amount
SWDD/Landfill/Engineering Services 41121734-033130 $15,992.83
$286,145.80
Recommendation:
Solid Waste Disposal District (SWDD) staff recommends that its Board approve Amendment No. 1 to
Work Order No. 19 with Geosyntec Consultants for $15,992.83 to provide engineering services related
to the SWDD Annual Permit, Compliance Monitoring, and Reporting; and authorize the Chairman to
execute the same, as presented.
Attachment:
Amendment No. 1 to Work Order No. 19 — Geosyntec
b217f640-0049-44c9-84b3-45e7771cf20d Paie 2 of 2
AMENDMENT 1 TO WORK ORDER 19
2023 Compliance Monitoring
This Amendment 1 to Work Order Number 19 is entered into as of this _ day of
202_, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and
amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc.
("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order
Number 19 , Effective Date 31 January 2023..
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work)
attached to this Amendment and made part hereof by this reference. The professional services will be performed by
the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly
set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth
in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict
with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each
individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 19 as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: By:
Joseph H. Earman, Chairman
Print Name:
Title:
BCC Approved Date:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
John A. Titkanich, Jr., County Administrator
William K. DeBraal, County Attorney
376
EXHIBIT A
PROFESSIONAL SERVICES
WrA
1200 Riverplace Boulevard
Geosyntec Suite 710
Jacksonville, FL 32207
PH 904-858-1818
Consultants FAX 904-396-7143
www.geoWtec.com
16 August 2023
Mr. Himanshu H. Mehta, P.E.
Managing Director
Solid Waste Disposal District
Indian River County
1325 70' Avenue SW
Vero Beach, Florida 32968
Subject: Amendment to Work Order Number 19
Proposal to Provide 2023 Compliance Monitoring,
Reporting and Other Technical Support Services
Class I Landfill and C&D Debris Disposal Facility
Indian River County Landfill Facility
Vero Beach, Indian River County, Florida
Dear Mr. Mehta:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this letter proposal to the Indian
River County (IRC) Solid Waste Disposal District (SWDD) to additional provide professional
services supporting the operation of the Class I landfill and Construction and Demolition (C&D)
debris disposal facility at the IRC Landfill (IRCL) site located in Vero Beach, Indian River
County, Florida. The proposal presents the scope of work, schedule, and budget estimate for the
installation of the irrigation well at the IRCL site.
Geosyntec has prepared this amendment to the Work Order Number 19 (professional services as
Exhibit A of CCNA-2018-WO No. 19, pursuant to that certain Continuing Contract Agreement
for Professional Services, dated 17 April 2018, renewed and amended as of 18 May 2021
(collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a
political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant").
The remainder of this proposal presents: (i) proposed scope of services; (ii) schedule; and (iii)
budget estimate.
PROPOSED SCOPE OF SERVICES
This amendment includes the installation of an irrigation well in the vicinity of the previously
installed irrigation wells at the IRCL site. As you are aware, under Work Order 19, Geosyntec
was authorized by SWDD to install two irrigation wells to 80 feet below land surface (ft bls).
Since the two newly installed irrigations wells were not producing enough water, Geosyntec
NCP2022222465\JL22076 2023 Compliance Monitoring Proposal_Admendment_F
engineers I scientists I innovators 378
Mr. Himanshu H. Mehta, P.E.
16 August 2023
Page 2
alongside IRC SWDD, IRC Utilities Department, and the driller undertook a troubleshooting
exercise at the Site in late July 2023. The results of the troubleshooting exercise indicated that
the existing wells were installed to 60 feet below land surface (ft bls) instead of the permitted 80
ft bls. Since it was understood that the existing wells were 80 ft bls, that was the depth the new
wells were installed too. It was discovered that the deeper interval likely has a tighter formation
(silty sand to clay) to pull water from the intermediate aquifer and will not produce as much
water as the higher interval (more fine grain sand) that is pulling water from the surficial aquifer.
The solution discussed in the field was to install a 4 -inch irrigation well to 60 ft bls with 40 feet
of screen. The budget requested herein includes the installation of the 4 -inch irrigation well as
well as Geosyntec's oversight. As a deliverable, Geosyntec will provide SWDD with a summary
email, pictures, and well installation logs.
Notably, as discussed with you, Geosyntec has also included the abandonment of the two
irrigation wells (under another mobilization) as well as the subsequent Geosyntec oversight.
SCHEDULE
Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD.
The driller can be in the field on Thursday, 17 August 2023 or not until mid-September to
reinstall the irrigation.
BUDGET ESTIMATE
Geosyntec proposes to perform the above -referenced work on a lump sum basis for $15,992.83
and a detailed budget estimate is provided as Attachment 1. The budget estimate presented in this
proposal is based on Geosyntec's understanding of the project requirements.
Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis
in accordance with our Agreement. Additional services or any significant change in the scope of
work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not
exceed the budget estimate without prior approval and written authorization from SWDD.
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Mr. Himanshu H. Mehta, P.E.
16 August 2023
Page 3
CLOSURE
Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable,
please indicate your agreement by signing the attached work authorization, which references this
proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention.
Please call either of the undersigned with questions you may have as you review this proposal.
Sincerely,
Cristina Graver, P.E.
Senior Engineer
Copies — Ron T. Jones — SWDD
Attachment 1— Detailed Budget Estimate
Kwasi Badu-Tweneboah, Ph.D., P.E.
Senior Principal Engineer
NCP2022_222465/JL22076_2023 Compliance Monitoring Proposal 380
ATTACHMENT 1
BUDGET ESTIMATE
381
Table 1
BUDGET ESTIMATE
2023 COMPLIANCE MONITORING, REPORTING AND OTHER
TECHNICAL SUPPORT SERVICES
CLASS I LANDFILL AND CSD DEBRIS DISPOSAL FACILITY
INDIAN RIVER COUNTY, FLORIDA
AMENDMENT 1 - IRRIGATION WELL
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a. Senior Principal
Hr
$260
1
$260.00
b. Principal
Hr
$245
0
$0.00
c. Senior Professional
Hr
$225
4
$900.00
d. Project Professional
Hr
$203
0
$0.00
e. Professional
Hr
$176
10
$1,760.00
f. Senior Staff Professional
Hr
$154
0
$0.00
g. Staff Professional
Hr
$132
10
$1,320.00
Subtotal Professional Services
$4,240.00
B. Technical/Administrative Services
a. Designer
Hr
$143
0
$0.00
b. Senior Drafter/Senior CADD Operator
Hr
$126
0
$0.00
c. Project Administrator
Hr
$71
1
$71.00
d. Clerical
Hr
1 $55
0
$0.00
Subtotal Technical/Administrative Services
$71.00
C. Reimbursables
a. Lodging
Day
$100
1
$100.00
b. Per Diem
Day
$55
1
$55.00
c. Communications Fee
3% Labor
$0.03
$4,311
$129.33
d. CADD Computer System
Hr
$15
0
$0.00
e. Vehicle Rental & Fuel
Day
$150
1
$150.00
f. 8"x11" Photocopies
Each
$0.12
0
$0.00
g. CADD Drawings
Each
$3
0
$0.00
h. Subcontractor
LS
$10,225
1.1
$11,247.50
Subtotal Reimbursables
$11,681.83
TOTAL ESTIMATED BUDGET: PHASE 06
$15,992.83
JL22076/Amendment 1 Costing
Geosyntec Consultants
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166y
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: August 16, 2023
To: The Solid Waste Disposal District Board of Commissioners
Through: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
Subject: Lease of SWDD Proeprty to Halley Engineering Contractors, Inc. for the Oslo Widening
and 1-95 Interchange Project
Descriptions and Conditions:
On August 10, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) received the
attached letter of interest from Halley Engineering Contractors, Inc. (HEC) to lease SWDD-owned property.
HEC has been awarded the contract to construct the 195 interchange project.
Specifically, HEC is requesting to use approximately two acres of SWDD property as a laydown/stabilized
staging area for their Florida Department of Transportation (FDOT) Oslo Widening and I-95 Interchange
project. The SWDD property is located on Oslo Road and will provide them with easy access to the project.
The purpose of this agenda is to get SWDD Board approval to negotiate a lease agreement with HEC.
Analysis:
The site is currently vacant and unimproved. In the past, the county has used this location for hurricane
debris storage. HEC has offered to clear, level, and stabilize the area at their own cost. These
improvements would remain after the project has been completed if the County so desires. Aside from
the normal insurance and indemnity clauses contained in the lease, the County would seek two other
terms:
1. In the case of a storm event, the County would be able to use the site for hurricane debris
storage.
2. The existing culvert running parallel to Oslo Road needs to be replaced, and the agreement
would include having this completed at the tenant's expense.
Funding:
This agenda provides for an approval to negotiate a lease agreement and is not requesting any funding.
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383
SWDD Item
Recommendation:
Staff recommends that the Solid Waste Disposal District Board direct the County Attorney's Office to
negotiate a lease agreement with Halley Engineering Contractors, Inc.
Attachment (s):
Letter of Interest to Lease Property from Halley Engineering Contractors, Inc.
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384
Halley Engineering Contractors, Inc.
13901 NW 118tb Avenue, Miami, FL 33178
Phone: (305) 883-0055 Fax: (305) 883-0085
August 10th, 2023.
Attn: Himanshu H Mehta, PE
Managing Director
Indian River County — Solid Waste Disposal District
1325 74th Ave SW
Vero Beach, FL 32968
Financial Number: 431521-1-52-01, etc.
Project Name: CR 606 (Oslo Rd.)
Project Description: From 82nd Ave. To 58th Ave. and At SR 9 (1-95) Interchange
Contract Number: T4639
FAP#: D423002B, D422093B
County: Indian River
HEC Project No.: 2315
Sub: Letter of Interest to Lease Property
Dear Mr. Mehta,
Thank you for meeting with us after the ribbon cutting ceremony for Oslo Rd and showing us
the area you may have available for a staging area for this project. See the attached areal
overview of the area which appears to be approximately two acres. HEC would be interested in
leasing this property from the County as a staging area for the Oslo Rd project. The area would
be cleared, leveled off, and stabilized, and left in a condition acceptable to the Solid Waste
Disposal District upon completion.
Please let us know if this is something the County would consider.
Respectfully submitted,
John Morris
Vice President
Halley Engineering Contractors, Inc.
385